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Understanding IHSS program limitations & rules; planning for the future.
IHSS Program Rules, Annual Reviews, Authorized Hours and Eligibility
Glossary for IHSS research (terms & definitions)
IHSS is one of several “social safety-net programs” that help persons with disabilities and the elderly live in their own homes. In order to assure that clients live with autonomy and dignity, providers and clients of IHSS often need to plan and apply for multiple programs and benefits, as well as fill out legal instruments such as trusts. While such Benefits Planning is beyond the scope of the UDW website, this page can be used as a research starting point for IHSS consumers or providers who wish to plan for clients. Please read Guidelines for Use
IHSS Program Rules Affecting Clients Annual Reviews, Authorized Hours, and Eligibility New anti-fraud measures, changes to the program created by state legislators and administrators as well as ongoing lawsuits resulting from these changes, have created confusion for those who use IHSS. If you need clarification about how the new rules apply to you or if you have recently had your hours cut or need to apply for more hours, go to our main IHSS Advocacy Page.
Please read Guidelines for Use
It is possible to work and receive In Home Supportive Services, although you must still meet the income and asset requirements. You can continue to qualify for IHSS while working; either through SSI (“Continued Medicaid Eligibility 1619(b)”) or through the “California Working Disabled Program,” which is administered through Medi-Cal (see links for more information below). It is important to understand the rules and advisable to get professional help with your work transition. To learn more:
Continued Medicaid Eligibility through SSI 1619(b)
Disability 101 / 250% California Working Disabled Program
Also see links for Benefits Planning and Advocacy below
AB 925 (The Workforce Inclusion Act) authorizes the use of In Home Supportive Services in the workplace. This means you may transfer some of your authorized IHSS hours to a place of employment. On October 13, 2004 California’s Department of Social Services released the All-County Letter Number 04-43 (ACL 04-43) that details how In-Home Supportive Services can be used. Some hours (like domestic) cannot be transferred, and additional hours will not be assigned because you are working. You can also get more information on this at the Disability 101 Website . (scroll to “IHSS in the Workplace.”)
In some circumstances using a “PASS” plan will help disabled persons pay for education or starting their own business (see below).
Social Security’s “Ticket to Work” program can help you get training and other vocational assistance if you are already receiving Social Security disability or Social Security Supplementary income. This program allows you to choose a “service provider” authorized by SSA. This service provider can help you find and pay for job training, special equipment or transportation needs as well as other employment related needs. More information: :
Maximus / Ticket to Work (website for the organization that administrates the program)
Disability 101 / Ticket to Work program (Advocacy website) Ticket to Work toll free information: 1 866 968-7842
Research other Social Security Work Incentives
Please read Guidelines for Use 
As an IHSS client/consumer, you must conform to the MediCal and/or SSI “asset limitation rules” (allowable liquid assets) in order to continue to qualify for IHSS. This can make it difficult to gain economic freedom and autonomy; save for education, purchase special equipment, buying or improving your own home, or starting a business. However there are government programs and legal instruments that can help you do this, without losing your support services like IHSS and SSI. The rules governing asset planning and development while receiving government support can be complex, and it is always advisable to get professional help.
- “Plan for Achieving Self-Support” (PASS)This is a Social Security program that allows an individual to set aside money for a specified purpose related to employment and achieving “Self-Support.” The purpose of a PASS is to assist the person in obtaining items, services, or skills needed to reach his or her vocational goals. Those must relate to reducing or eliminating SSI and/or SSDI benefits. Cornell University’s Employment and Disability Institute has a website that describes the PASS plan and even has an online tutorial that walks you through the application process and supplies the forms you need to fill out.
You can fill out the forms and save them online with a password, so that you don’t have to complete them all in one session: Cornell’s PASS online siteYou can also find information online at the Social Security Administration’s website: Social Security’s PASS information
- “Individual Development Account” (IDA) IDA’s are matched savings accounts similar to Individual Retirement Accounts (IRAs). Use of the savings accrued in IDAs is restricted to post secondary education and training, home ownership and business capitalization. The Personal Responsibility and Work Opportunity Act of 1996 (PRWORA) authorizes states to create community-based IDA programs with TANF block grant funds and to disregard all money saved in IDAs in determining eligibility for all means-tested government assistance (like IHSS, or SSI).Disability 101 on IDA’s
- “Special Needs Trust.”This is a legal instrument that allows funds to be held and managed by a Trustee and used on behalf of the client/consumer. A Special Needs Trust is often established when there is a legal settlement as a result of injury or accident, when the client/consumer is developmentally or mentally challenged, or when there is an issue of inheritance. However there are many and varied circumstances where these trusts are appropriate. You must have professional legal representation to create and use a Special Needs Trust. Find an estate or disability lawyer who is familiar with this specialty. More information: World Institute on Disabilities’ Fact Sheet on Special Needs Trusts Book: Special Needs Trust Administration Manual: A Guide for Trustees, 2005 Edition. Available through: Disabilities Books or call 617 879-0397
Benefits Planning and Advocacy
Please read Guidelines for Use
Professional help with program referrals, representation at IHSS hearings or SSI disputes, vocational goals, work transition, asset management etc. is often referred to as Advocacy or Benefits Planning. Because clients (consumers) of IHSS often use other social safety-net programs such as SSI/SSD, Medi-Cal, Regional Centers, Dept. of Rehabilitation, Housing Assistance, etc., it is usually advisable to get professional advice to find out what benefits are available or how changes like working might affect various program eligibility rules. Benefits planning is also particularly important for parents of learning or developmentally disabled adults who need to plan for their children’s future. Help with Advocacy is crucial when the client or client representative believes the client’s rights are not being upheld or if there are disputes with programs, agencies or social workers.
There are many different agencies and individuals that perform these services. Sometimes it is difficult to find one “case manager” who knows about all the opportunities and possible pitfalls in your unique situation. Therefore, you may need to work with several persons or agencies that have different areas of specialized knowledge. Here are some starting places (alphabetical order):
- Association of Regional Center Agencies (ARCA) – ARCA functions as a leader and advocate in promoting the continuing entitlement of individuals with developmental disabilities to all services that enable full community inclusion. Find a Regional Center in your area
- Assistive Technology Tools for Living AT Advocates are community based, information and referral specialists who can assist consumers with a variety of assistive technology issues. They work at Independent Living Centers (see below) in California. Contact your local AT advocate
- California Area Agencies on Aging (AAA) coordinate a wide array of services to seniors and adults with disabilities at the community level. No charge for services. Contact an AAA for your area by calling 1-800-510-2020
- California Independent Living Centers Independent Living Centers (ILCs) are non-residential, community-based centers where people with disabilities can receive assistance with a variety of daily living issues and learn the skills they need to take control of their lives from people who have had similar experiences living with a disability. The centers serve people with all types of disabilities and, with some exceptions, do not charge for their services.
- Disability 101 website’s links to Benefits Planners (Statewide list)
- Disability Rights California (formerly Protection & Advocacy Inc) has extensive information on IHSS (in several languages), and can also assist you in finding someone to help with Benefits Planning or individual Advocacy issues.Phone: 916 488-9955
- Social Security’s Benefit Planning, Assistance and Outreach Program:” Ticket to Work” toll free information: 1 866 968-7842
- Team of Advocates for Special Kids (TASK) is a Parent Training and Information Center that Parents & Professionals can turn to for assistance in seeking and obtaining needed early intervention, educational, medical or therapeutic support service for children. They can also supply you with references for disability and trust lawyers.
- World Institute on Disability An internationally recognized public policy center founded in 1983 by leaders of the Independent Living Movement, WID’s program work focuses on issues and problems that directly affect people’s ability to live full and independent lives. A majority of the Board and staff are persons with disabilities.
Guidelines for use and disclaimer
By providing the above information and links to other sites, UDW Homecare Providers Union does not in any way guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to UDW. We are making these resources available so that home care workers and their clients may streamline their research process as well as network on local, state, and national levels. Information about IHSS rules or legal issues given on this site is meant strictly to be a research starting point and is subject to current rules and law. While we try to publish the most current information available, the laws & rules that govern IHSS are complex and do change. Always use professional advice and verify all information to make sure it is current before making changes that might affect your eligibility.
