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Exemption Based on the Need to Care for an Ill or Incapacitated Person Residing in the Home
[EAS 42-712.46]
Cares for Ill or Incapacitated Person in the Home
A caretaker is exempt from the registration requirement when the caretaker is:
- Required to be in the home to care for an ill or incapacitated person residing in the home, and
- The caretaking responsibilities significantly impair the caretaker’s ability to be regularly employed or to participate in self-sufficiency activities, and
- Employed less than 32/35 hours per week.
Note: If the caretaker is receiving income from IHSS for the part-time or full-time care of this ill or incapacitated person residing in their home, the caretaker is still considered exempt from CalWORKs Employment Services (CWES) registration.
If a client cannot participate in the full 32/35 hours per week CWES requirement because they must care for an incapacitated individual, they are exempt. There are no partial exemptions.
Verification
This exemption is verified by a written statement from a doctor verifying that the individual is physically or mentally impaired and someone is needed in the home to provide care. The written verification may be either a statement provided by the client and signed by the doctor and/or a licensed or certified psychologist. The written verification must include:
- The doctor’s name, address and the phone number,
- A description of the disability,
- The expected duration of the disability, and
- The extent to which the disability requires someone to be in the home to care for them.
If an extension is requested on a previously completed Authorization to Release Medical Information (CW 61) that has expired or if the person is not under a doctor’s care and this is the initial request, refer the client to a County Health Evaluation.
Note: When the family member is severely disabled and requiring compliance with CHERP would pose an undue hardship on the client, the Social Services Benefits Specialist (SSBS) may consult with their Supervisor. The Supervisor has the discretion to exempt a client from CHERP and continue accepting the verification from the individual’s doctor.
Cal-Learn
This exemption (required in the home to care for an ill or incapacitated person residing in the home) does not apply to a pregnant or custodial teen parent. Refer to Cal-Learn for an explanation of the Cal-Learn program.
Review
This exemption must be reviewed:
- At redetermination (RD), or
- When the individual's condition is expected to end, if the duration of the condition is expected to be less than one year, or
- When the SSBS believes there has been a change in the client's circumstances which would affect the exemption.
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