If you are ineligible to be a parent provider for In-Home Supportive Services (IHSS), you must hire someone to perform the authorized services. Learn more about parent providers and third-party providers here.
A parent can be paid as their child’s IHSS provider only if the parent is prevented from working full-time (40 hours per week) due to the child’s extraordinary needs, and there is not another suitable provider available with a legal obligation to care for the child. In a two-parent household, the non-provider parent must be unavailable due to full-time work, full-time enrollment in college or vocational training, or disability. Parent providers must be eligible to work in the United States, and will be required to complete background checks and fingerprinting (there is a LiveScan fee for this requirement) as well as an orientation session.
Check out this explanation from Undivided's Public Benefits Specialist, Lisa Concoff Kronbeck:
According to All County Letter 15-45, the parent who works full-time is not considered to be a suitable provider if they’re only available to care for the child during non-work hours, such as nights, weekends, and holidays. If your social worker tells you that you cannot be paid for services provided during non-work hours because a second parent is available at that time, provide them with a copy of ACL-15-45, and direct them to the Q&A section, which reads as follows:
“Q. MPP Section 30-763.455 states "A parent provider.........shall be paid for performing authorized services regardless of the presence of the parent in the home, including non-work hours, weekends and holidays." In a two-parent home with one parent being the IHSS provider, is the other parent, who is employed outside the home, considered a suitable provider when they are available during non-work hours, weekends and holidays?
A. No, a parent, who is employed full-time, is not considered a “suitable provider” if he/she is only available during non-work hours, weekends, and holidays. “IHSS may be purchased from a parent under the condition that the parent has left full-time employment or is prevented from full-time employment because no other provider is available…” (MPP Section 30- 763.451). This section refers to the presence of the other parent/non-provider parent in the home and should not affect payment to the parent provider.”
Note: Parent-provider income is tax-exempt per IRS Notice 2014-7. Parent providers should fill out the live-in provider certification form to notify the state that they should not issue a W-2 or withhold payroll taxes. Parents should speak with their tax advisor regarding how best to report IHSS income as non-taxable income on their tax return.
The live-in provider form can be found here. The certification may also be completed online in the IHSS electronic timesheet portal, but we suggest you complete and submit this form with the rest of your application paperwork to avoid any confusion.
On a related note, a parent-provider’s IHSS income cannot be deemed to the child for purposes of income-based eligibility assessment for the child, such as for SSI or for Regional Center co-pay assistance.
If you are ineligible to be a parent provider, you must hire someone to perform the authorized services. If you need assistance locating a provider, call the Personal Assistance Services Council (PASC), the Public Authority for Los Angeles County IHSS providers. PASC operates a Provider Registry and will provide you with referrals to providers. Contact PASC at (877) 565-4477 or visit their website.
You may also have a family member or family friend become authorized to provide IHSS services. As with parent providers, third-party providers must be eligible to work in the United States, and will be required to complete background checks, fingerprinting and orientation.
