Cal. Code Regs. Tit. 22, § 50215 - Deprivation - Unemployed Parent

(a) Deprivation of parental support or care exists if a parent with whom the the child lives is any of the following as limited by (b), (c) and (d):

(1) Not working.

(2) Working less than 100 hours a month.

(3) Employed on an intermittent basis more than 100 hours per month and the hours in excess of 100 hours are of a temporary nature. Temporary nature is shown if the parent was under the 100 hour standard for the two prior calendar months and is expected to be under the standard during the next month.

(4) Unemployed and has been accepted for or is participating in an education or training program essential to future self-support which is all of the following:

(A) Directed toward a specific occupation and will qualify the unemployed person for an occupation in demand in the local area.

(B) A program which will be completed by the unemployed person within a maximum of two years.

(C) Not a program which involves post baccalaureate work.

(b) For deprivation due to unemployment to exist, the unemployed parent must meet all of the following conditions:

(1) Is the principal wage earner as determined in accordance with (c).

(2) Has not been employed, or has worked less than 100 hours, in the last 30 days.

(3) Is available for and actively seeking employment.

(4) Has not, without good cause, within the last 30 days either:

(A) Quit a job or employment related training.

(B) Refused a bona fide offer of employment or employment related training.

(5) Possesses, or has applied for, a Social Security number.

(6) Has not refused to apply for and accept any unemployment insurance benefits (UIB) to which he is entitled.

(7) Has established a connection with the labor force in either of the following ways:

(A) By meeting one of the following requirements in 6 calendar quarters within any 13 calendar quarter period ending within the year prior to the month of application for Medi-Cal:

1. Earns a gross income of at least $50 during the quarter.

2. Participated for at least five days during the quarter in any activity administered under any of the following:

a. The Work Incentive (WIN) program.

b. The Work Incentive Demonstration Program (WIN Demo).

c. The Community Work Experience Program (CWEP).

d. The Greater Avenues for Independence (GAIN) Program.

3. A combination of 1. and 2.

(B) By having received, or having been eligible to receive, UIB within the year prior to the month of application. A person is eligible to receive UIB if either of the following conditions is met:

1. The person would have been eligible to receive unemployment compensation upon filing an application.

2. The person performed work not covered by Unemployment Compensation Law, and the coverage of such work, if combined with any covered work, would create eligibility to receive unemployment compensation upon filing an application.

(8) Is not unemployed throughout the month as a result of participation in a labor dispute.

(c) The principal wage earner is the parent who has earned the greater amount of income in the 24 month period immediately preceding either of the following:

(1) The month of application, reapplication or restoration.

(2) The date of a redetermination that a family's circumstances have changed in such a way as to meet the requirements for deprivation due to the unemployment of a parent.

(d) The following persons shall be linked to AFDC on the basis of this deprivation factor:

(1) The children of the unemployed parent.

(2) The unemployed parent.

(3) The second parent of the children whose basis of deprivation is unemployed parent.

Notes

Cal. Code Regs. Tit. 22, § 50215

1. Amendment of subsections (a)(4) and (f) filed 12-15-77; effective thirtieth day thereafter (Register 77, No. 51).
2. Amendment filed 1-8-81; effective thirtieth day thereafter (Register 81, No. 2).
3. Amendment filed 4-2-82 as an emergency; effective upon filing (Register 82, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-31-82.
4. Certificate of Compliance transmitted to OAL within 120 days and filed 8-10-82 (Register 82, No. 33).
5. Repealer of subsection (b) (8) and relettering of subsection (b) (9) to subsection (b)(8) filed 12-8-83; effective thirtieth day thereafter (Register 83, No. 50).
6. Amendment of subsection (b) (7) (A) filed 10-24-86; effective thirtieth day thereafter (Register 86, No. 43).
7. Amendment of subsection (c) filed 4-17-89; operative 5-17-89 (Register 89, No. 48).
8. Editorial correction of printing error in subsections (d)(2) and (d)(3) (Register 93, No. 13).

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 14005.4, 14005.7 and 14051, Welfare and Institutions Code.

1. Amendment of subsections (a)(4) and (f) filed 12-15-77; effective thirtieth day thereafter (Register 77, No. 51).
2. Amendment filed 1-8-81; effective thirtieth day thereafter (Register 81, No. 2).
3. Amendment filed 4-2-82 as an emergency; effective upon filing (Register 82, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-31-82.
4. Certificate of Compliance transmitted to OAL within 120 days and filed 8-10-82 (Register 82, No. 33).
5. Repealer of subsection (b) (8) and relettering of subsection (b) (9) to subsection (b)(8) filed 12-8-83; effective thirtieth day thereafter (Register 83, No. 50).
6. Amendment of subsection (b) (7) (A) filed 10-24-86; effective thirtieth day thereafter (Register 86, No. 43).
7. Amendment of subsection (c) filed 4-17-89; operative 5-17-89 (Register 89, No. 48).
8. Editorial correction of printing error in subsections (d)(2) and (d)(3) (Register 93, No. 13).