Excluded Persons, Federal Eligibility Determination

When determining if there is federal eligibility in the month of petition, 7/16/96 AFDC rules apply. There are two groups of individuals who must be excluded from the AFDC AU:

  • Persons excluded by “law”.
    • Use column 3, FC 3A Backer, to compute income deemed to the AU from a person excluded by law.
  • Persons excluded for “cause” (sanctioned).
    • Use column 4, FC 3A Backer, to compute income deemed to the AU from a person excluded for cause.

Excluded by Law

Persons “excluded by law” (regulation) are ineligible for AFDC. Use column 3, FC 3A Backer, to compute income deemed to the AU from a person excluded by law.

A person excluded from the AFDC AU by law is a person who:

  • Is a child living with his/her minor parent who is receiving Foster Care.

Note: The child may be otherwise eligible for an Infant Supplement. [Refer to Section

  • Does not meet citizenship/alien status requirements.
  • Is an unborn child's father who is living in the home with the pregnant woman and who is:
    • Not the parent or caretaker relative of an eligible child, or
    • Not an essential person.
  • Had his/her needs considered in determining a lump sum period of ineligibility.
  • Receives SSI/SSP, RRP, or Foster Care.
  • Is a sponsored alien whose needs are being met by a sponsoring agency or by a sponsor's deemed income.
  • Is a spouse of an eligible child, living with the child in the senior parent's home, when there is no child in common for whom deprivation exists.
  • Is a refugee who is eligible for and required to participate in an alternative project implemented pursuant to Section 412 (a)(7) of the federal Immigration and Nationality Act. (Currently this project is only occurring in San Diego County.)

Excluded for Cause/Sanctioned

“Excluded for cause” is essentially failure to cooperate with a program requirement (i.e. failure to cooperate with FSD or Employment Services). These rules apply to the Foster Care federal eligibility determination only if the AU is in receipt of CalWORKs/AFDC in the month of petition.

Use column 4, FC 3A Backer, to compute income deemed to the AU from a person excluded for cause. Do NOT allow the individual’s Needs (MBSAC) or MBSAC differential if the person is excluded for “cause”.

  • A person excluded from the AFDC AU for cause is:
  • A parent, pregnant woman, or caretaker relative who refuses to assign support rights or fails to cooperate in the:
    • Identification and location of the absent parent.
    • Establishment of paternity.
    • Enforcement of the support obligation.
  • A person who fails to cooperate in the verification of his/her alien status.
  • A mandatory ES/GAIN registrant who fails without good cause to meet ES/GAIN program requirements. When the registrant is the principal earner, the second parent is also ineligible unless he/she is participating with ES/GAIN.
  • An applicant, recipient, or a child whose parent, caretaker relative or legal guardian refuses to furnish or apply for a SSN, or fails to cooperate in securing or verifying a SSN.
  • A striker who is not a caretaker relative.
  • An applicant or recipient who is NOT the principal earner and who:
    • Is apparently eligible to and does not apply for UIB, or
    • Does not accept any UIB to which EDD determines he/she is eligible.
  • An applicant or recipient who is not the principal earner and who is not exempt from Employment Services/GAIN or EDD-JS, and who fails without good cause to meet the conditions of eligibility for UIB.
  • An applicant or recipient who has been disqualified for a specific amount of time for committing an IPV.

Related Topics

Federal Eligibility Determination