COMBINED MANUAL DESCRIPTION OF CHANGES ATTACHMENT REVISED SECTIONS – ISSUED 12/2008 §0001 (Table of Contents) changes the title of §0023.24 (Shelter Special Need Allowance). §0002.03 (Glossary: Agent Orange...) in ALLOCATION adds an appropriate cross- reference. It expands the definitions of ASSISTANCE, ASSISTANCE PAYMENT, and ASSISTANCE PROGRAMS to include DIVERSIONARY WORK PROGRAM (DWP). §0002.25 (Glossary: First Adult...) in the definition of FOOD SUPPORT PROGRAM changes the federal Food Stamp Program name to Supplemental Nutrition Assistance Program (SNAP). §0005.03 (Assistance Requests) in the 5th paragraph adds clarifying language. §0005.09 (Combined Application Form (CAF) in the 2nd bullet under the 5th paragraph adds a new question type to the list used to evaluate a client’s needs. 0005.09.03 (When People Must Complete A CAF) in the NOTE under the 4th bullet removes the reference to 7-year limit and replaces it with new language, to correspond with federal policy changes effective 10-1-08. Also, in the last paragraph it adds a cross- reference to §0005 (Combined Application Form (CAF)). §0005.09.06 (When Not to Require Completion of a CAF) in the 4th bullet of MSA and GA removes the reference to 7-year LPR time limit and replaces it with SSI non-citizen time limit, to correspond with federal policy changes effective 10-1-08. §0005.12.12.01 (Forms/Handouts for Applicants) in general provisions adds a new 3rd bullet that the Combined Application Form Important Information (DHS-5223B) must be included in the application packet. In MFIP adds a new last bullet to give MFIP Child Only Assistance (DHS-5561) to non-parental caregiver applicants. §0009 (Recertification) in FS it moves the previous 2 nd paragraph into the new 1 st paragraph. It moves the “EXCEPTION” from the previous 1 st paragraph into a new 3rd paragraph. It also adds a new 4th paragraph under FS that units are not required to report for a face-to-face interview during the certification period. §0009.06.06 (Recertification Interview) in the 1st paragraph under FS clarifies language. It also deletes the previous 3 rd paragraph because this information is in §0009 (Recertification). §0011.06 (State Residence) in general provisions adds a new 5th paragraph for information on coding procedures for a client with whereabouts unknown, and a cross-reference to TEMP manual TE02.08.012 (Returned Mail Processing).
Transcript
COMBINED MANUAL
DESCRIPTION OF CHANGES ATTACHMENT REVISED SECTIONS – ISSUED 12/2008
§0001 (Table of Contents) changes the title of §0023.24 (Shelter Special Need Allowance). §0002.03 (Glossary: Agent Orange...) in ALLOCATION adds an appropriate cross-
reference. It expands the definitions of ASSISTANCE, ASSISTANCE PAYMENT, and ASSISTANCE PROGRAMS to include DIVERSIONARY WORK PROGRAM (DWP).
§0002.25 (Glossary: First Adult...) in the definition of FOOD SUPPORT PROGRAM
changes the federal Food Stamp Program name to Supplemental Nutrition Assistance Program (SNAP).
§0005.03 (Assistance Requests) in the 5th paragraph adds clarifying language. §0005.09 (Combined Application Form (CAF) in the 2nd bullet under the 5th paragraph
adds a new question type to the list used to evaluate a client’s needs. 0005.09.03 (When People Must Complete A CAF) in the NOTE under the 4th bullet
removes the reference to 7-year limit and replaces it with new language, to correspond with federal policy changes effective 10-1-08. Also, in the last paragraph it adds a cross-reference to §0005 (Combined Application Form (CAF)).
§0005.09.06 (When Not to Require Completion of a CAF) in the 4th bullet of MSA and
GA removes the reference to 7-year LPR time limit and replaces it with SSI non-citizen time limit, to correspond with federal policy changes effective 10-1-08.
§0005.12.12.01 (Forms/Handouts for Applicants) in general provisions adds a new 3rd
bullet that the Combined Application Form Important Information (DHS-5223B) must be included in the application packet. In MFIP adds a new last bullet to give MFIP Child Only Assistance (DHS-5561) to non-parental caregiver applicants.
§0009 (Recertification) in FS it moves the previous 2nd paragraph into the new 1st
paragraph. It moves the “EXCEPTION” from the previous 1st paragraph into a new 3rd paragraph. It also adds a new 4th paragraph under FS that units are not required to report for a face-to-face interview during the certification period.
§0009.06.06 (Recertification Interview) in the 1st paragraph under FS clarifies language. It
also deletes the previous 3rd paragraph because this information is in §0009 (Recertification).
§0011.06 (State Residence) in general provisions adds a new 5th paragraph for information
on coding procedures for a client with whereabouts unknown, and a cross-reference to TEMP manual TE02.08.012 (Returned Mail Processing).
COMBINED MANUAL UPDATES ISSUED 12/2008 DESCRIPTION OF CHANGES ATTACHMENT Page 2 §0012.12 (Applying for Other Benefits) in the 5th paragraph of MSA and GA removes the
reference to the loss of SSI due to 7-year time limit and replaces it with SSI time limit, to correspond with federal policy changes effective 10-1-08.
§0018.18 (Earned Income Disregards) in MSA adds a new 1st paragraph that for SSI
recipients no county action is required. It adds in the 2nd paragraph instructions on disregarding earned income for non-SSI recipients due to excess income and restructures the paragraph. It also updates the Blind and Disabled Student Child Disregard due to COLA changes effective 01-01-09. In GA it restructures the 2nd paragraph into bullets for clarity and clarifies that the client must have a discharge plan approved by the county to be eligible for the earned income disregard. In GRH it updates the Blind and Disabled Student Child Disregard due to COLA changes effective 01-01-09.
§0020.21 (MSA Assistance Standards) in MSA adds clarifying language throughout and
updates the MSA Assistance Standards to correspond with COLA changes effective 01-01-09. §0020.24 (Clothing and Personal Need Allowance) in MSA, GA, and GRH updates the
Personal Needs and Clothing Allowance to correspond with COLA changes effective 01-01-09. Also, in MSA and GA it adds clarifying language.
§0023 (Special Needs Payments) in the 2nd paragraph of MSA updates the section title of
§0023.24 (Shelter Special Need Allowance) due to section name change. §0023.24 (Shelter Special Need Allowance) in MSA updates the shelter special need
allowance and restructures the information throughout the section. §0025.24 (Fraudulently Obtaining Public Assistance) in general provisions adds a new 2nd
bullet in the 1st paragraph that for purposes of establishing fraud in an Administrative Disqualification Hearing (ADH), an Intentional Program Violation (IPV) shall consist of a willful or intentional false statement, a concealment of a fact, or a misrepresentation and adds an appropriate cross-reference. It also deletes reference to Food Stamp coupons in the 4th bullet.
§0025.24.06.03 (Administrative Disqualification Hearing) updates language in the 2nd and
3rd paragraphs. §0026.12.03 (10 Day Notice) adds a new 2nd paragraph that states for coding procedures for
a client with whereabouts unknown and a cross-reference to TEMP manual TE02.08.012 (Returned Mail Processing).
§0029.06.03 (Supplemental Security Income Program) updates SSI benefits to correspond
with COLA changes effective 01-01-09 and restructures the information throughout the section.
DHS COMBINED MANUAL ISSUE DATE 12/2008 TABLE OF CONTENTS 0001 0001 Table of Contents 0002 Glossary 0003 Client Responsibilities and Rights 0004 Emergencies 0005 Applications 0006 Determining Financial Responsibility 0007 Reporting 0008 Changes in Circumstances 0009 Recertification 0010 Verification 0011 Technical Eligibility 0012 Procedural Eligibility 0013 Basis of Eligibility 0014 Assistance Units 0015 Assets 0016 Income From People Not in the Unit 0017 Determining Gross Income 0018 Determining Net Income 0019 Gross Income Test 0020 Net Income Limits 0022 Budgeting and Benefit Determination 0023 Special Needs Payments 0024 Payments 0025 Benefit Adjustments and Recovery 0026 Notices 0027 Appeals 0028 Employment Services 0029 Other Related Programs 0030 Refugee Resettlement Program
DHS COMBINED MANUAL ISSUE DATE 12/2008 TABLE OF CONTENTS 0001
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DHS COMBINED MANUAL ISSUE DATE 12/2008 TABLE OF CONTENTS 0001 0001 Table of Contents 0002 Glossary
DHS COMBINED MANUAL ISSUE DATE 12/2008 TABLE OF CONTENTS 0001
0003 Client Responsibilities and Rights
0003.03 Client Responsibilities - General 0003.06 Client Responsibilities - Quality Control 0003.09 Client Rights
0003.09.03 Client Rights - Civil Rights 0003.09.06 Client Rights - Data Privacy Practices 0003.09.09 Client Rights, Private and Confidential Data 0003.09.12 Client Rights - Limited English Proficiency
0004 Emergencies
0004.01 Emergencies - Program Provisions 0004.03 Emergency Aid Eligibility - Cash Assistance 0004.04 Emergency Aid Eligibility--FS/Expedited Food 0004.06 Emergencies - 1st Month Processing
0004.06.03 Emergencies - After Hours 0004.09 Emergencies - 2nd and 3rd Month Processing 0004.12 Verification Requirements for Emergency Aid 0004.15 Emergencies - Postponed Verification Notice 0004.18 Determining the Amount of Emergency Aid
0004.18.03 Emergency Aid Cost Effectiveness 0004.21 Emergency Aid for Employment Related Expense 0004.24 Emergency Aid to Prevent Foreclosure 0004.27 Emergency Aid for Home Repairs 0004.30 Emergency Aid for Furnishings and Appliances 0004.33 Emergency Aid for Moving Expenses 0004.36 Emergency Aid to Replace FS/MSA/GA 0004.39 Emergency Aid for Shelter 0004.42 Emergency Aid for Utility Bills 0004.45 Emergency Aid - Method of Payment 0004.48 Destitute Units--Migrant/Seasonal Farmworker 0004.51 Destitute Units, Eligibility and Benefits 0004.57 Emergency Aid Overpayments
0005.06 Authorized Representatives 0005.06.03 Who Can/Cannot Be Authorized Representatives 0005.06.06 Disqualifying Authorized Representatives
0005.09 Combined Application Form (CAF)
DHS COMBINED MANUAL ISSUE DATE 12/2008 TABLE OF CONTENTS 0001
0005.09.01 Worker Interview Form 0005.09.02 CAF Important Information Form
0005.09.03 When People Must Complete a CAF 0005.09.06 When Not to Require Completion of a CAF 0005.09.09 When to Use an Addendum to the CAF 0005.09.12 Combined Application Form - Pending Cases 0005.09.15 Emergency Assistance and the CAF
0005.12 Accepting and Processing Applications 0005.12.03 What is a Complete Application 0005.12.06 Who Must Sign Applications 0005.12.09 Date of Application 0005.12.12 Application Interviews
0005.12.12.01 Forms/Handouts for Applicants 0005.12.12.03 Waiving In-Office Interviews 0005.12.12.06 Orientation to Financial Services 0005.12.12.09 Family Violence Provisions/ Referrals
0005.12.15 Application Processing Standards 0005.12.15.03 Delays in Processing Applications 0005.12.15.06 Determining Who Caused the Delay 0005.12.15.09 Delays Caused by the Applicant Household 0005.12.15.12 Delays Caused by the Agency 0005.12.15.15 Delays Caused by the Agency and Applicant
0005.12.18 Withdrawing an Application 0005.12.21 Reinstating a Withdrawn Application
0006 Determining Financial Responsibility
0006.03 Initial Application 0006.06 Moving Between Counties - Participants 0006.09 Moving Between Counties - Minor Children 0006.12 Assistance Terminated Within Last 30 Days 0006.15 Multiple County Financial Responsibility 0006.18 Excluded Time Facilities and Services
0006.18.03 Excluded Time - Entering 0006.18.06 Excluded Time - Leaving
0006.21 Transferring Responsibility - Old County 0006.24 Transferring Responsibility - New County 0006.27 County Financial Responsibility Disputes 0006.30 State Financial Responsibility Disputes
DHS COMBINED MANUAL ISSUE DATE 12/2008 TABLE OF CONTENTS 0001
0007.03.03 Monthly Reporting Deadlines 0007.03.06 Processing a Late HRF
0007.12 Agency Responsibilities for Client Reporting 0007.12.03 What Is a Complete HRF 0007.12.06 Incomplete HRFs
0007.15 Unscheduled Reporting of Changes - Cash 0007.15.03 Unscheduled Reporting of Changes - FS
0007.18 Good Cause for Not Reporting 0008 Changes in Circumstances
0008.03 Changes - Obtaining Information 0008.06 Implementing Changes - General Provisions
0008.06.01 Implementing Changes - Program Provisions 0008.06.03 Change in Basis of Eligibility 0008.06.06 Adding a Person to the Unit - Cash 0008.06.07 Adding a Person to the Unit - FS 0008.06.09 Removing a Person From the Unit 0008.06.12 Adding a Person's Income
0008.06.12.09 Converting a Pregnant Woman Case 0008.06.15 Removing or Recalculating Income 0008.06.18 Change in Participant's Age 0008.06.21 Change in County of Residence 0008.06.24 DWP Conversion or Referral to MFIP
0009 Recertification
0009.03 Length of Recertification Periods 0009.03.03 When to Adjust the Length of Certification
0009.06 Recertification Process 0009.06.03 Recertification Processing Standards 0009.06.06 Recertification Interview
0010 Verification
0010.03 Verification - Cooperation and Consent 0010.06 Sources of Verification - Documents 0010.09 Sources of Verification, Collateral Contacts 0010.12 Sources of Verification - Home Visits 0010.15 Verification - Inconsistent Information 0010.18 Mandatory Verifications
0011.03.12.03 Non-Citizens - Adjustment of Status 0011.03.15 Non-Citizens - LPR With Sponsors 0011.03.17 Non-Citizens - Public Charge
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0011.03.18 Non-Citizens - People Fleeing Persecution 0011.03.21 Non-Citizens - Victims of Battery/Cruelty 0011.03.24 Non-Citizens - Lawfully Residing People 0011.03.27 Undocumented and Non-Immigrant People
0011.03.27.03 Protocols for Reporting Undocumented People 0011.03.30 Non-Citizens - Trafficking Victims
0011.06 State Residence 0011.06.03 State Residence - Excluded Time 0011.06.06 State Residence - Interstate Placements 0011.06.09 State Residence - 30-Day Requirement
0011.09 County Residence 0011.12 Institutional Residence
0011.12.03 Under Control of the Penal System 0011.15 Strikers 0011.18 Students 0011.21 Receipt of Other Assistance 0011.24 Able-Bodied Adults 0011.27 Criminal Conviction
0011.27.03 Drug Felons 0011.27.03.01 Drug Felons - FS
0011.27.06 Parole Violators 0011.27.09 Fleeing Felons 0011.27.12 Residency Fraud Conviction
0011.30 60-Month Lifetime Limit 0011.30.03 MFIP Transition Period 0011.30.06 180 to 60 Days Before MFIP Closes
0012.03 Providing/Applying for an SSN 0012.06 Requirements for Custodial Parents Under 20 0012.09 Complying With Empl. Services Requirements
DHS COMBINED MANUAL ISSUE DATE 12/2008 TABLE OF CONTENTS 0001
0012.12 Applying for Other Benefits 0012.12.03 Interim Assistance Agreements 0012.12.06 Special Services - Applying for SSI
0012.15 Incapacity and Disability Determinations 0012.15.03 Medical Improvement Not Expected (MINE) List 0012.15.06 State Medical Review Team (SMRT)
0012.15.06.03 SMRT - Specific Program Requirements 0012.18 Assigning Rights to Support 0012.21 Responsible Relatives Not in the Home
0012.21.03 Support From Non-Custodial Parents 0012.21.06 Child Support Good Cause Exemptions – Part 1 0012.21.06.03 Child Support Good Cause Exemptions – Part 2
0012.24 Child Support Sanctions 0012.27 Cooperating to Get Tort Liability Payments 0012.30 Chemical Use Assessment
0013.05 DWP Bases of Eligibility 0013.06 FS Categorical Eligibility/Ineligibility 0013.09 MSA Bases of Eligibility
0013.09.03 MSA Basis - Age 65 or Older 0013.09.06 MSA Basis - Blind 0013.09.09 MSA Basis - Disabled Age 18 and Older
0013.15 GA Bases of Eligibility 0013.15.03 GA Basis - Permanent Illness 0013.15.06 GA Basis - Temporary Illness 0013.15.09 GA Basis - Caring for Another Person 0013.15.12 GA Basis – Placement in a Facility 0013.15.15 GA Basis - Women in Battered Women's Shelter 0013.15.18 GA Basis - Unemployable 0013.15.24 GA Basis - Mental Retardation/Mental Illness 0013.15.27 GA Basis, SSD/SSI Application/Appeal Pending 0013.15.30 GA Basis - Advanced Age 0013.15.33 GA Basis - Displaced Homemakers 0013.15.36 GA Basis - Excessive Travel Time to Job 0013.15.39 GA Basis - Performing Court Ordered Services 0013.15.42 GA Basis - Learning Disabled 0013.15.48 GA Basis - English Not Primary Language
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0013.15.51 GA Basis - People Under Age 18 0013.15.54 GA Basis - Drug/Alcohol Addiction
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0015.24 Excluded Assets - Burial Contracts 0015.27 Excluded Assets - Income 0015.30 Excluded Assets - Payments Under Federal Law 0015.33 Excluded Assets - Student Financial Aid 0015.34 Excluded Assets – Educational Accounts 0015.36 Excluded Assets - Funds to Fix/Replace Asset 0015.39 Excluded Assets - Vehicles 0015.42 Excluded Assets - Liquid Assets 0015.45 Excluded Assets - Special Groups of People 0015.48 Whose Assets to Consider
0015.48.03 Whose Assets to Consider - Sponsors W/I-864 0015.48.06 Whose Assets to Consider - Sponsors W/I-134
0015.51 Evaluation of Insurance Policies 0015.54 Evaluation of Vehicles 0015.57 Evaluation of Real Property 0015.58 Mortality Table 0015.60 Evaluation of Lump Sums 0015.63 Evaluation of Pension and Retirement Plans 0015.69 Asset Transfers
0015.69.03 Asset Transfers From Spouse to Spouse 0015.69.06 Improper Asset Transfers 0015.69.09 Improper Transfer Ineligibility 0015.69.12 Improper Transfers - Onset of Ineligibility 0015.69.15 Multiple Asset Transfers
0016.03 Income From Disqualified Unit Members 0016.06 Income From Ineligible Spouse of Unit Member 0016.09 Income From Ineligible Stepparents 0016.12 Income From Parents of Adult GA Children 0016.15 Income From Ineligible Parents 0016.18 Income of Inel. Parent/Guard. of Minor Crgvr
0016.18.01 200 Percent of Federal Poverty Guidelines 0016.21 Income of Sponsors of Immigrants With I-134
0016.21.03 Income of Sponsors of Immigrants With I-864 0016.24 Income of Parents Not Applying 0016.27 Income From Spouses Who Choose Not to Apply 0016.33 Income of Ineligible Non-Citizens
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0016.36 Income of Ineligible Students 0016.39 Income of Ineligible Able-Bodied Adults 0016.42 Income of Non-Applicants
0017 Determining Gross Income
0017.03 Available or Unavailable Income 0017.06 Excluded Income 0017.09 Converting Income to Monthly Amounts 0017.12 Determining if Income Is Earned or Unearned
0017.12.03 Unearned Income 0017.12.06 Earned Income
0017.15 Specific Types of Income 0017.15.03 Child and Spousal Support Income 0017.15.06 Assistance Payments Income 0017.15.09 Income From Tribal Land 0017.15.12 Infrequent, Irregular Income 0017.15.15 Income of Minor Child/Caregiver Under 20 0017.15.18 Workforce Investment Act (WIA) Income 0017.15.21 Tax Credits and Refund Income 0017.15.24 In-Kind Income 0017.15.27 Vendor Payments as Income 0017.15.30 Lump Sum Income 0017.15.33 Self-Employment Income
0017.15.33.03 Self-Employment, Convert Inc. to Monthly Amt 0017.15.33.06 Self-Employment Common Business Expenses 0017.15.33.09 Self-Employment Expense for In-Home Business 0017.15.33.12 Self-Employment Transportation Expenses 0017.15.33.15 Self-Employment Expenses Not Allowed 0017.15.33.18 Self-Employment Loss Offset 0017.15.33.21 Self-Employment Income From In-Home Day Care 0017.15.33.24 Self-Employment Income From Farming 0017.15.33.27 Self-Employment Income From Roomer/Boarder 0017.15.33.30 Self-Employment Income From Rental Property
0017.15.36 Student Financial Aid Income 0017.15.36.03 When to Budget Student Financial Aid 0017.15.36.06 Identifying Title IV or Federal Student Aid 0017.15.36.09 Student Financial Aid Deductions
0017.15.39 Foster Care Payment Income 0017.15.42 Interest and Dividend Income 0017.15.45 Income From RSDI and SSI
0017.15.45.03 How to Determine Gross RSDI
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0017.15.48 Displaced Homemaker Program Income 0017.15.51 Payments Resulting From Disaster Declaration 0017.15.54 Capital Gains and Losses as Income 0017.15.57 Payments to Persecution Victims 0017.15.60 Family Support Grant Income 0017.15.63 Relative Custody Assistance Grants 0017.15.66 Older Americans Act 0017.15.69 Adoption Assistance 0017.15.75 Reimbursement of Expenses 0017.15.78 National and Community Service Trust Act 0017.15.81 Utility Payments 0017.15.84 Contracts for Deed as Income 0017.15.87 AmeriCorps Payments 0017.15.90 Trust Disbursement Income 0017.15.93 Military Income 0017.15.96 Weatherization, Heating/Cooling Device Pmts 0017.15.99 Housing Subsidy 0017.15.100 Learn and Serve America
0018 Determining Net Income
0018.01 Determining Net Income - GRH 0018.06 Work Expense Deductions
0018.06.06 Plan to Achieve Self-Support (PASS) 0018.09 Dependent Care Deduction 0018.12 Medical Deductions
0018.12.03 Allowable Food Support Medical Expenses 0018.15 Shelter Deductions
0018.15.03 Shelter Deduction - Home Temporarily Vacated 0018.15.06 Averaging Shelter Costs 0018.15.09 Utility Deductions 0018.15.12 Actual Utility Deductions 0018.15.15 Inflationary Factors for Actual Expenses 0018.15.18 Standard Utility Allowance
0018.18 Earned Income Disregards 0018.21 Standard Disregard 0018.30 Allocations 0018.33 Child and Spousal Support Deductions 0018.36 Child Unmet Need 0018.39 Prior and Other Income Reductions 0018.42 Income Unavailable in First Month
DHS COMBINED MANUAL ISSUE DATE 12/2008 TABLE OF CONTENTS 0001 0019 Gross Income Test
0019.03 Gross Income Test - What Income to Use 0019.06 Gross Income Limits 0019.09 GIT for Separate Elderly Disabled Units
0020 Net Income Limits
0020.03 People Exempt From Net Income Limits 0020.06 Choosing the Assistance Standard Table 0020.09 MFIP/DWP Assistance Standards 0020.12 Food Support Assistance Standards 0020.18 GA Assistance Standards 0020.21 MSA Assistance Standards 0020.22 GRH Assistance Standards 0020.24 Clothing and Personal Need Allowance
0022 Budgeting and Benefit Determination
0022.03 How and When to Use Prospective Budgeting 0022.03.01 Prospective Budgeting - Program Provisions 0022.03.03 Ineligibility in a Prospective Month - Cash 0022.03.04 Ineligibility in a Prospective Month - FS
0022.06 How and When to Use Retrospective Budgeting 0022.06.03 When Not to Budget Income in Retro. Cases
0022.09 When to Switch Budget Cycles - Cash 0022.09.03 When to Switch Budget Cycles - FS
0022.12 How to Calculate Benefit Level - MFIP/DWP/GA 0022.12.01 How to Calculate Benefit Level - FS/MSA/GRH 0022.12.02 Beginning Date of Eligibility 0022.12.03 Proration
0022.12.03.03 Proration Table 0022.15 Counting Lump Sums as Income
0022.15.03 Budgeting Lump Sums in a Prospective Month 0022.15.06 Budgeting Lump Sums in a Retrospective Month
0022.18 Suspensions 0022.18.03 Overpayments Relating to Suspended Cases
0022.21 Income Overpayment Relating to Budget Cycle 0022.24 FS Only Benefits for Mixed Households
0023 Special Needs Payments
0023.06 Home Repairs 0023.09 Household Furnishings and Appliances 0023.12 Special Diets
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0023.15 Guardian or Conservator Fees 0023.18 Restaurant Meals 0023.21 Representative Payee Services 0023.24 Shelter Special Need Allowance
0024 Payments
0024.03 When Benefits Are Paid - MFIP/DWP 0024.03.03 When Benefits Are Paid - FS/MSA/GA/GRH
0024.04 How Benefits Are Paid 0024.04.03 Benefit Delivery Methods
0024.04.03.03 Benefit Delivery Methods--Program Provisions 0024.04.04 Changes in Automatic Benefit Delivery Method 0024.04.06 Expedited Food Support Issuance 0024.04.09 GA Weekly Issuance
0024.05 Cashing Warrants 0024.06 Provisions for Replacing Benefits
0024.06.03 Situations Requiring FS Benefit Replacement 0024.06.03.03 Replacing FS Stolen/Lost Before Receipt 0024.06.03.15 Replacing Food Destroyed in a Disaster 0024.06.03.18 Replacing Damaged FS Cashout Warrants
0024.09 Protective and Vendor Payments 0024.09.01 Protective and Vendor Payments-FS/MSA/GA/GRH 0024.09.03 Choosing Protective Payees 0024.09.09 Discontinuing Protective and Vendor Payments 0024.09.12 Payments After Chemical Use Assessment
0024.12 Issuing and Replacing Identification Cards 0025 Benefit Adjustments and Recovery
0025.06 Maintaining Records of Incorrect Payments 0025.09 Correcting Underpayments
0025.09.03 Where to Send Corrective Payments 0025.12 Types of Overpayments
0025.12.03 Overpayments Exempt From Recovery 0025.12.03.03 Suspending or Terminating Recovery 0025.12.03.06 Bankruptcy 0025.12.03.09 Compromising a Portion of the Overpayment
0025.12.06 Repaying Overpayments - Participants 0025.12.09 Repaying Overpayments - Non-Participants 0025.12.12 Action on Overpayments - Time Limits
0025.15 Order of Recovery - Participants
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0025.18 Order of Recovery - Non-Participants 0025.21 Recovery Methods
0025.21.15.03 Amount to Recoup 0025.21.18 Treasury Offset Program 0025.21.21 Minnesota Collection Enterprise
0025.24 Fraudulently Obtaining Public Assistance 0025.24.03 Recovering Fraudulently Obtained Assistance 0025.24.06 Disqualification for Fraud
0025.24.06.03 Administrative Disqualification Hearing 0025.24.07 Disqualification for Illegal Use of FS 0025.24.08 FS Electronic Disqualified Recipient System
0025.27 Protection From Garnishment 0025.30 Financial Responsibility, People Not in Home
0025.30.03 Contributions From Parents Not in Home 0026 Notices
0026.03 Content of Notices 0026.06 Notice - Approval of Application or Recert. 0026.09 Notice of Processing Delays 0026.12 Timing of Notices
0026.12.03 10 Day Notice 0026.12.06 5 Day Notice 0026.12.09 Adequate Notice 0026.12.12 When Not to Give Additional Notice 0026.12.15 When to Give Retroactive or No Notice 0026.12.18 Cash Cut-Off Notice 0026.12.21 Voluntary Request for Closure Notice
0026.15 Notice of Denial, Termination, or Suspension 0026.18 Notice of Change in Benefit 0026.21 Notice of Change in Issuance Method 0026.24 Notice of Relative Contribution 0026.27 Notice of Mass Changes 0026.30 Notice, Disqualification of Authorized Rep. 0026.33 Notice, Denying Good Cause for IV-D Non-Coop 0026.39 Notice of Overpayment and Recoupment 0026.42 Notice of Incomplete or Missing Report Form
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0026.45 Notice of Food Support Expiration 0026.48 Notices - IEVS 0026.51 Notices - Chemical Use Assessment 0026.54 Notices: Family Violence Referral
0027 Appeals
0027.03 Appealable Issues 0027.06 Client Appeal Rights 0027.09 Appeal Requests 0027.12 Appeal Hearing Process
0027.12.03 Appeal Hearing Expense Reimbursement 0027.15 Continuation of Benefits 0027.18 Effect of Appeal Decision
0028 Employment Services
0028.03 County Agency Empl. Serv. Responsibilities 0028.03.01 County Agency FSET Responsibilities 0028.03.02 ES Provider Responsibilities - FSET 0028.03.03 Employment Services/FSET Required Components 0028.03.04 FSET Assessment/EDP
0028.03.06 Determining FS Principal Wage Earner 0028.03.09 Reporting Changes to Job Counselor
0028.06 Participation Requirements 0028.06.02 Universal Participation Provisions 0028.06.03 Who Must Participate in Empl. Services/FSET 0028.06.06 Who May Volunteer for Empl. Services/FSET 0028.06.10 Who Is Exempt From FSET 0028.06.12 Who Is Exempt From FS Work Registration
0028.09 ES Overview/FSET Orientation 0028.09.03 Content of ES Overview/FSET Orientation 0028.09.06 Exemptions From ES Overview/FSET Orientation
0028.12 Education Requirements 0028.15 Employment Plan (EP) 0028.16 Support Services 0028.18 Good Cause for Non-Compliance--MFIP/DWP
0028.18.01 MFIP Good Cause--Custodial Parents Under 20 0028.18.02 MFIP Good Cause--Child Care 0028.18.03 Suitable Work/Unsuitable Work 0028.18.06 Conciliation Conferences 0028.18.09 FSET Satisfactory Progress
0028.20 Failure to Comply - FSET
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0028.21 Good Cause for Non-Compliance--FS/MSA/GA/GRH 0028.30 Sanctions for Failure to Comply - Cash
0028.30.03 Pre 60-Month Type/Length of ES Sanctions 0028.30.04 Post 60-Month Empl. Services Sanctions
0028.30.04.03 Post 60-Month Sanctions: 2-Parent Provisions 0028.30.06 Type/Length of FSET Sanctions 0028.30.09 Refusing or Terminating Employment 0028.30.12 Sanction Notice for Minor Caregiver
0028.33 Employment Services/FSET Notice Requirements 0029 Other Related Programs
0029.03 Health Care Programs 0029.03.03 Transitional MA Programs 0029.03.06 Family Support Grant Program 0029.03.09 Consumer Support Grant Program 0029.03.12 Workers' Compensation 0029.03.15 Veterans' Benefits 0029.03.18 Relative Custody Assistance Program
0029.06 Other Maintenance Programs 0029.06.03 Supplemental Security Income Program 0029.06.06 Retirement, Survivors & Disability Insurance 0029.06.09 Unemployment Insurance 0029.06.12 Foster Care 0029.06.21 United States Repatriation Program 0029.06.24 Tribal TANF Programs
0029.06.24.03 Tribal TANF - Mille Lacs Band of Ojibwe 0029.07 Food and Nutrition Programs
0029.07.03 State Food Programs 0029.07.06 School Lunch Program 0029.07.09 Women, Infants, and Children (WIC) Program 0029.07.12 Commodity Supplemental Food Program
0029.09 Telephone Assistance Programs 0029.15 Social Services 0029.20 Housing Programs
0029.20.03 Publicly Assisted Housing 0029.20.06 Rental Assistance for Family Stabilization 0029.20.09 Family Homeless Prevention Assistance 0029.20.12 Bridges Housing Subsidy
0029.27 Low Income Home Energy Assistance Program 0029.29 Safe At Home Program 0029.30 Child Care Assistance
DHS COMBINED MANUAL ISSUE DATE 12/2008 TABLE OF CONTENTS 0001
0029.31 Child Care Resource and Referral 0029.36 Domestic Violence Brochure Program
A herbicide used in the Vietnam War to eliminate foliage. AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC):
The program authorized to provide financial assistance and social services to needy families with a MINOR CHILD. The PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY AND RECONCILIATION ACT (PRWORA) replaced AFDC with a block grant called TANF. In Minnesota, AFDC was replaced by the MINNESOTA FAMILY INVESTMENT PROGRAM. See MINNESOTA FAMILY INVESTMENT PROGRAM (MFIP) in §0002.41 (Glossary: Medically Necessary...).
ALIMONY :
An allowance for support that a court orders a person to pay to his or her SPOUSE. ALLOCATION :
A DEDUCTION from 1 person’s income for the maintenance needs of others. See TEMP Manual TE02.10.60 (MFIP/DWP Allocations), §0018.30 (Allocations).
ALTERNATIVE CARE (AC) :
Payments made by Social Services for HOME CARE SERVICES for a person over age 65 who would otherwise require care in a NURSING FACILITY. See the Health Care Programs Manual.
ALTERNATIVE EMPLOYMENT PLAN (AEP) :
MFIP : The AEP was replaced by the Employment Plan. See §0028.15 (Employment Plan (EP)) for further information.
AMERASIAN :
A person of Asian and American parentage. There are special provisions for non- citizen children of Vietnamese mothers and American fathers. See §0011.03.18 (Non-Citizens - People Fleeing Persecution).
AMERICORPS : AmeriCorps includesAmeriCorps*State and AmeriCorps*National (together these two programs are also known as AmeriCorps*USA), AmeriCorps*VISTA (formerly known as VISTA), AmeriCorps*NCCC (AmeriCorps*National Civilian Community Corps). For more information on the AmeriCorps Program, see §0017.15.78 (National and Community Service Trust Act), §0017.15.87 (AmeriCorps Payments).
A client’s or authorized representative’s request to the HUMAN SERVICES JUDGE for review of a COUNTY AGENCY’s action or inaction. See §0027 (Appeals).
APPLICANT :
A person who has submitted a request for assistance for whom no decision has been made regarding eligibility, and whose application has not been acted upon or voluntarily withdrawn.
APPLICATION :
A request for assistance made by submitting a signed and dated page 1 of the COMBINED APPLICATION FORM (CAF). See §0005 (Applications), §0009.06.03 (Recertification Processing Standards).
APPLICATION DATE :
Date of application varies depending on the program and the applicant’s situation. See §0005.12.09 (Date of Application) for more specific information.
APPRAISAL : Estimation of worth. See §0015 (Assets) for requirements for an acceptable appraisal.
APPROVAL :
The act of certifying that an APPLICANT is eligible to receive benefits. ASSET LIMIT :
The maximum amount of NET COUNTED ASSETS clients may own or have available and remain eligible for assistance. See AVAILABILITY in §0002.05 (Glossary: Assistance Standard...).
ASSET TRANSFER :
The conveying of ownership of an asset to another party. ASSETS :
REAL PROPERTY and PERSONAL PROPERTY owned wholly or in part by the client.
ASSIGNMENT : To transfer legal claim, such as assignment of CHILD SUPPORT or MEDICAL SUPPORT.
Benefits received from the MINNESOTA FAMILY INVESTMENT PROGRAM (MFIP), DIVERSIONARY WORK PROGRAM (DWP), FOOD SUPPORT (FS), MEDICAL ASSISTANCE (MA), GENERAL ASSISTANCE (GA), GENERAL ASSISTANCE MEDICAL CARE (GAMC), MINNESOTA SUPPLEMENTAL AID (MSA), REFUGEE CASH ASSISTANCE (RCA), REFUGEE MEDICAL ASSISTANCE (RMA), and EMERGENCY PROGRAMS. See the Health Care Programs Manual for the health care programs.
ASSISTANCE PAYMENT :
Assistance received from the MINNESOTA FAMILY INVESTMENT PROGRAM (MFIP), DIVERSIONARY WORK PROGRAM (DWP), GENERAL ASSISTANCE (GA), MINNESOTA SUPPLEMENTAL AID (MSA), REFUGEE CASH ASSISTANCE (RCA), and EMERGENCY cash programs.
ASSISTANCE PROGRAMS :
The MINNESOTA FAMILY INVESTMENT PROGRAM (MFIP), DIVERSIONARY WORK PROGRAM (DWP), FOOD SUPPORT (FS), MEDICAL ASSISTANCE (MA), GENERAL ASSISTANCE (GA), GENERAL ASSISTANCE MEDICAL CARE (GAMC), MINNESOTA SUPPLEMENTAL AID (MSA), REFUGEE CASH ASSISTANCE (RCA), REFUGEE MEDICAL ASSISTANCE (RMA), and EMERGENCY PROGRAMS. See the Health Care Programs Manual for the health care programs.
COMBINED MANUAL ISSUE DATE 12/2008 GLOSSARY: FIRST ADULT... 0002.25 FIRST ADULT STANDARD :
GA : The standard of ASSISTANCE which is designated to meet the needs of the 1st CAREGIVER. See §0020.18 (GA Assistance Standards). Also used in some calculations as the amount of ALLOCATION or amount DEEMed for an individual's needs. See §0018.30 (Allocations).
FIRST COUSIN ONCE REMOVED :
The relationship between a person and the child(ren) of the person's 1st cousin. FIVE DAY NOTICE :
A notice sent at least 5 days before the date of action. FMV :
See FAIR MARKET VALUE in §0002.23 (Glossary: Fair Hearing...). FNS (FOOD AND NUTRITION SERVICE) :
See FOOD AND NUTRITION SERVICE (FNS) below. FNS DISASTER DECLARATION :
FS : A declaration made by the Secretary of Agriculture under the Disaster Relief Act of 1974 that establishes temporary emergency Food Support eligibility standards for people who are disaster victims.
FOOD AND CONSUMER SERVICE (FCS) :
See FOOD AND NUTRITION SERVICE (FNS). FOOD AND NUTRITION SERVICE (FNS) :
The Food and Nutrition Service of the United States Department of Agriculture. (Formerly known as the Food and Consumer Service (FCS).)
FOOD STAMP CASH OUT DEMONSTRATION PROJECT :
FS : A pilot project that issues direct deposit or a check to eligible people instead of Food Support benefits. (People age 65 or older or eligible for SSI.)
FOOD SUPPORT EMPLOYMENT AND TRAINING (FSET) :
An employment and training program for some Food Support participants. FOOD SUPPORT :
COMBINED MANUAL ISSUE DATE 12/2008 GLOSSARY: FIRST ADULT... 0002.25
Benefits issued under the FOOD SUPPORT PROGRAM for the purchase of food. FOOD SUPPORT PROGRAM :
Minnesota’s name for the Supplemental Nutrition Assistance Program (SNAP), a United States Department of Agriculture program that issues benefits in the form of electronic benefits to increase food purchasing power.
FORECLOSURE :
A legal proceeding removing the right of a person who mortgages property to redeem (free from a lien by payment of the mortgage amount) the mortgage on the property.
FOSTER CARE :
Care given to a MINOR CHILD or adult including emergency, interim, or permanent care.
The 24-hour-a-day care of a child that provides 1 or more child(ren) with a substitute for the care, food, lodging, training, education, supervision, or treatment they need, but which for any reason cannot be furnished by their PARENTS or LEGAL GUARDIANS in their homes.
FOSTER HOME :
A home licensed to provide care to minor children and adults including emergency, interim, or permanent care.
FRAUD :
A person is considered to have committed fraud when obtaining, attempting to obtain, or aiding and abetting another to obtain assistance benefits to which the person is not entitled, through intentionally false statements, representations, or the withholding of material information.
FRAUD OVERPAYMENT :
An overpayment which is determined to be fraud by: Court action, including criminal conviction, disqualification consent agreement, pre-trial diversion plan, or civil fraud judgment.
Administrative Disqualification process (an ADH hearing or ADH waiver). Confession of judgment which admits intentional program violation.
FS :
See FOOD SUPPORT above.
COMBINED MANUAL ISSUE DATE 12/2008 ASSISTANCE REQUESTS 0005.03 Counties must have financial workers available during office hours to answer questions about programs, eligibility requirements, and how to apply for assistance. See §0003 (Client Responsibilities and Rights), §0005.12 (Accepting and Processing Applications). Counties must have applications available to anyone who requests one. As a service to clients, counties may offer after hours assistance for emergencies and/or working clients. See §0004 (Emergencies). Refer people to social services if they request help with family problems or family planning. When people contact the county agency in person, by phone or in writing, the county agency must:
Identify a request for assistance. NOTE: Clients may ask you to predict eligibility. If so, see §0005.03.03 (Predicting Eligibility).
Ask people if they have an emergency need. See §0004 (Emergencies).
Provide information on the kinds of assistance and help available through the
community and through your agency.
Tell people of the right to file an application, and where to file it. See §0005.12 (Accepting and Processing Applications), §0003.09 (Client Rights).
Tell people the effects of a delay in filing an application. See §0005.12.09 (Date
of Application), §0022.12.03 (Proration). Offer people the opportunity to pick up an application in person and submit a completed application and/or CAF page 1 the same day. Inform clients that they may submit the application in person, by an authorized representative, by fax or by mail. The date the agency receives the signed page 1 of the CAF sets the date of application. Mail the application packet the same day a client makes a phone or mail request. Explain to them they might lose benefits due to proration. Stress that it may be to their advantage to pick up and return the application in person. For information on what forms to include in the application packet, see §0005.12.12.01 (Forms/Handouts for Applicants).
COMBINED MANUAL ISSUE DATE 12/2008 COMBINED APPLICATION FORM (CAF) 0005.09 The Combined Application Form (CAF) (DHS-5223) allows people to apply for multiple assistance programs on 1 form. Give the Combined Application Form (CAF) (DHS-5223) to people who want to apply for any of the following assistance programs:
- Minnesota Family Investment Program (MFIP).
- Refugee Cash Assistance (RCA).
- Diversionary Work Program (DWP).
- General Assistance (GA).
- Minnesota Supplemental Aid (MSA).
- Group Residential Housing (GRH).
- Food Support (FS).
- Health Care (HC).
- Emergency Minnesota Supplemental Aid (EMSA), Emergency General Assistance
(EGA), and Emergency Medical Assistance.
Document on the CAF the date the agency receives the signed page 1 of the CAF. Provide people with the CAF, Combined Application Form Important Information (DHS-5223B) AND the Notice of Privacy Practices (DHS-3979). See §0005.09.02 (CAF Important Information Form) and §0003.09.06 (Client Rights - Data Privacy Practices). The CAF includes:
A cover sheet with instructions on how to complete the form.
A tear-off page (page 1) which can be used to set the date of application. See §0005.12.09 (Date of Application) and §0004 (Emergencies). This page of the CAF also includes questions to evaluate for emergency need, expedited services, pregnant woman provisions, authorized representative information, types of services a client may need help with and signature blocks.
COMBINED MANUAL ISSUE DATE 12/2008 COMBINED APPLICATION FORM (CAF) 0005.09
Several pages with Yes/No questions used to determine eligibility. Use the information provided on these pages to establish eligibility factors including:
- Assistance unit composition and size. See §0014 (Assistance Units).
- Client data. See §0013 (Basis of Eligibility), §0014 (Assistance Units),
§0010 (Verification).
- Basis of eligibility and program coverage. See §0013 (Basis of Eligibility).
- Income, asset, and expense data. See §0017 (Determining Gross Income), §0015 (Assets), §0018 (Determining Net Income).
- Emergency data. See §0004 (Emergencies).
Client responsibilities and rights are on the last page of the CAF (DHS-5223). This is a tear-off page and should be reviewed with the client during the interview and given to the client for future reference. See §0003 (Client Responsibilities and Rights). The client fills out the information on the CAF (DHS-5223) and is then interviewed for cash and food programs using procedures established by each county. Health Care programs do not require in-person interviews. Record information from the interview on the Worker Interview Form (WIF) (DHS-5223A). For more information on the WIF, see §0005.09.01 (Worker Interview Form). Review each question on the CAF (DHS-5223), even if the client has answered “No” to the question. Additions or changes on the CAF must be initialed and dated by the client. Check for duplicate program participation through MAXIS Person Search. For information on application interviews and scheduling appointments, see §0005.12.12 (Application Interviews). Clients are automatically registered and referred to Employment Services programs by signing page 1 of the CAF. See §0028 (Employment Services).
COMBINED MANUAL ISSUE DATE 12/2008 WHEN PEOPLE MUST COMPLETE A CAF 0005.09.03 EXCEPT for situations listed in §0005.09.06 (When Not to Require Completion of a CAF), require clients to complete a Combined Application Form (CAF) (DHS-5223) in the following situations:
To make an assistance request.
To request another category of assistance (Food Support or cash assistance) after the previous CAF has been acted on, or 30 days have lapsed since the application date, whichever occurs first. For example, a FS participant requests cash assistance. See §0005.12.12 (Application Interviews).
At recertification. See §0009.06.03 (Recertification Processing Standards).
When eligibility exists for a different type of cash assistance program after you have acted on a previous CAF. For example, an MFIP participant loses eligibility and requests GA.
NOTE: Non-citizens who receive MSA and will lose those benefits because of
SSI termination due to expiration of the SSI time limit need only complete page 1 of the CAF to request GA.
When the client is not Person 01 on MAXIS, leaves the unit and applies for assistance. See §0008.06.09 (Removing a Person From the Unit).
When Person 01 on MAXIS leaves the unit or dies and another household member wants to apply for assistance.
Also see §0005 (Combined Application Form (CAF)), §0005.09.09 (When to Use an Addendum to the CAF), §0005.12.03 (What Is a Complete Application).
COMBINED MANUAL ISSUE DATE 12/2008 WHEN NOT TO REQUIRE COMPLETION OF A CAF 0005.09.06 Do not require a new CAF in the situations below:
Adding people to an assistance unit. See §0005.09.09 (When to Use An Addendum to the CAF).
Cash assistance ends, but people remain eligible for Food Support, and the changes causing the cash assistance ineligibility have been documented prior to termination of cash assistance.
Applicants request another assistance program or in some other way amend the application before the agency acts on their initial CAF.
Applicants are initially eligible for 1 cash assistance program but will be eligible for a different cash assistance program within 30 days of the date of application.
Also see §0005.09.03 (When People Must Complete a CAF), §0005.09.09 (When to Use an Addendum to the CAF), §0005.12.21 (Reinstating a Withdrawn Application), §0008.03 (Changes - Obtaining Information). MFIP: Do not require units whose case was terminated because they did not submit a
complete HRF to complete the CAF if the unit submits the HRF before the end of the termination month.
When MFIP is ending but the unit remains eligible for food support-only benefits, follow the FS provisions.
DWP: Do not require completion of the CAF when:
A participant who is determined to be unlikely to benefit from the DWP transitions from DWP to MFIP within 30 days of the initial application.
However, when a participant is determined to be unlikely to benefit from DWP between the 31st day and the end of the 4th month of DWP eligibility, he or she is required to complete the MFIP Transition Application Form (DHS-5223E).
A pregnant woman on DWP has a child and the case is moved to MFIP because she meets the child under 12 weeks exception for DWP. See §0008.06.24 (DWP Conversion or Referral to MFIP).
COMBINED MANUAL ISSUE DATE 12/2008 WHEN NOT TO REQUIRE COMPLETION OF A CAF 0005.09.06
A participant who has exhausted the 4-month DWP eligibility transitions to MFIP, provided the participant has completed, signed, and submitted the MTAF to the agency within 30 days of the end of the 4th month of DWP eligibility.
DWP has been closed due to non-compliance for less than 30 days.
For information on converting or referring of DWP cases to MFIP, see §0008.06.24 (DWP Conversion or Referral to MFIP).
FS: Do not require units whose case was terminated because they did not submit a
complete HRF to complete the CAF if the unit submits the HRF before the end of the termination month.
When MFIP is ending but the unit remains eligible for food support-only benefits, DO NOT require completion of the CAF to determine FS eligibility, even if the unit did not originally request FS on the CAF if:
At least 1 member of the new Food Support household receives the MFIP food portion or Uncle Harry food support during the last month MFIP is active.
AND The household has provided all forms and verifications needed to determine MFIP eligibility.
AND Potential Food Support eligibility for the household exists.
AND The MFIP recertification date is 1 month or more later than the MFIP termination date.
If all of the above conditions are met, inform the household of FS eligibility in the MFIP closing notice. Indicate in the notice for the participant to contact the county only if he/she wishes to decline FS.
For MFIP cases that have an Uncle Harry case, add the MFIP members to the existing Food Support unit the 1st of the month following the month MFIP is closed. Prior to adding the members to the unit, you may need to request additional information or verification from the unit. The unit has 10 days to provide it. If the unit fails to provide the requested information or verification, terminate Food Support according to proper notice requirements. When MFIP cases are closed, mixed FS/MFIP households no longer exist. Therefore, when the MFIP case closes, the Uncle Harry case becomes a non-PA Food Support case and is subject to the provisions of the Food Support program.
COMBINED MANUAL ISSUE DATE 12/2008 WHEN NOT TO REQUIRE COMPLETION OF A CAF 0005.09.06
See TEMP Manual TE02.08.143 (Food Support When MFIP Is Closed) for information on MAXIS procedures. Also see §0005.12.09 (Date of Application) for instructions on setting the application date for non-PA Food Support when MFIP ends.
MSA, GA:
Do not require a new CAF when:
There is a change in basis of eligibility. OR
A case is terminated because the unit did not submit a complete HRF, but the unit does submit the HRF before the end of the termination month.
OR Converting from GA to MSA when the GA participant signed an interim assistance agreement and the county agency pended MSA at the time of application.
OR Converting from MSA to GA when the MSA participant lost eligibility for SSI and MSA due to expiration of the SSI non-citizen time limit.
GRH: Do not require a new CAF when any of the following occur:
There is a change in the basis of eligibility.
A case is terminated because the unit did not submit a complete HRF, but the unit does submit the HRF before the end of the termination month.
A GRH applicant is currently a participant of MFIP, MSA, or GA. Use the Change Report Form (DHS-2402) showing the change in living arrangement.
COMBINED MANUAL ISSUE DATE 12/2008 FORMS/HANDOUTS FOR APPLICANTS 0005.12.12.01 Give the forms/handouts listed in this section to applicants at the interview or send them with the application packet if you are aware of the specific programs for which the applicants will apply. The following are required to be included in the application packet:
Combined Application Form (CAF) (DHS-5223).
A cover letter including the following: - The county agency address, office hours, and phone number.
- The importance of returning page 1 of the CAF as soon as possible. - Information about the interview and returning the remainder of the CAF.
Combined Application Form Important Information (DHS-5223B).
Program information brochure for cash, food and health care programs
(DHS-2920).
Domestic Violence Information brochure (DHS-3477). See §0029.36 (Domestic Violence Brochure Program.
Notice About Income and Eligibility Verification System and Work Reporting
System (DHS-2759). See §0026.48 (Notices - IEVS).
Verification Request Forms - A (DHS-2919a) and Verification Request Form-B (DHS-2919b). Indicate the time period for which you need the verification.
“Do you have a disability?” brochure (DHS-4133). Also see §0003.09.03
(Clients Rights – Civil Rights).
The following may also be included in the application packet or handed out at the interview as appropriate:
Household Report Forms (DHS-2120) or Change Report Forms (DHS-2402). See §0007 (Reporting), §0007.12 (Agency Responsibilities for Client Reporting), §0007.15 (Unscheduled Reporting of Changes - Cash), §0007.15.03 (Unscheduled Reporting of Changes - FS).
Authorization for Release of Information About Residence and Shelter Expenses
(DHS-2952) form, if appropriate. See §0010.18 (Mandatory Verifications).
COMBINED MANUAL ISSUE DATE 12/2008 FORMS/HANDOUTS FOR APPLICANTS 0005.12.12.01
Application for Social Security number (SS-5), if needed. See §0010.18.03 (Verifying Social Security Numbers), §0012.03 (Providing/Applying for an SSN).
Notice of Privacy Practices (DHS-3979). See §0003.09.06 (Client Rights - Data
Privacy Practices).
Give the following forms/handouts based on the programs applied for and the circumstances in the case. Check the cross-referenced sections for procedures for each form/handout listed. MFIP: Reporting Responsibilities for MFIP Households (DHS-2647) brochure. See
§0007.12 (Agency Responsibilities for Client Reporting).
In cases where there is at least 1 non-custodial parent:
- Understanding Child Support - A Handbook for Parents (DHS-3393). - Referral to Support and Collections (DHS-3163B). (This is in addition to the
Combined Application Form, for EACH non-custodial parent). See §0012.21.03 (Support From Non-Custodial Parents).
- Cooperation with Child Support Enforcement (DHS-2338) form. See §0012.21.06 (Child Support Good Cause Exemptions – Part 1), §0012.21.06.03 (Child Support Good Cause Exemptions – Part 2).
NOTE: This does not apply to a married parent who is out of the home on
military duty when there is no breakdown in the marital relationship.
Notice of Requirement to Attend MFIP Overview (DHS-2929). See §0028.09 (ES Overview/FSET Orientation).
If there is a custodial parent under 20, the Notice of Requirement to Attend School (DHS-2961) and Graduate to Independence - MFIP Teen Parents Informational Brochure (DHS-2887). If there is a custodial parent under age 18, the MFIP for Minor Caregivers (DHS-3238) brochure. See §0012.06 (Requirements for Custodial Parents Under 20), §0028.06.03 (Who Must Participate in Empl. Services/FSET), §0028.12 (Education Requirements).
Family Violence Referral (DHS-3323) and the MFIP Family Violence Waiver
(DHS-3477) brochure.
Important Information about the MFIP Family CAP (DHS-4198) brochure.
If a non-parental caregiver applies, MFIP Child Only Assistance (DHS-5561).
COMBINED MANUAL ISSUE DATE 12/2008 FORMS/HANDOUTS FOR APPLICANTS 0005.12.12.01 DWP: Follow MFIP, EXCEPT do not give the Notice of Requirement to Attend MFIP
Overview (DHS-2929) to the applicants. Instead, give the applicant the Minnesota’s Diversionary Work Program-DWP (DHS-4034) brochure.
FS: Food Support Monthly Reporting (DHS-2625) brochure. See §0007.12 (Agency
Responsibilities for Client Reporting).
If you know there is student income, the Financial Aid Information Form (DHS-2646). See §0010.18.30 (Verifying Student Income and Expenses).
For all applicants, the Facts on Voluntarily Quitting Your Job if You Are on Food Support (DHS-2707). See §0028.30.09 (Refusing or Terminating Employment).
Interim Assistance Agreement (DHS-1795A), do not use for SSI. See §0012.12 (Applying for Other Benefits), §0012.12.03 (Interim Assistance Agreements).
GA: If you know there is student income, the Financial Aid Information Form (DHS-
2646). See §0010.18.30 (Verifying Student Income and Expenses).
SSI Interim Assistance Agreements (DHS-1795, Interim Assistance Agreement (Do not use for SSI) (DHS-1795A), if appropriate. See §0012.12 (Applying for Other Benefits), §0012.12.03 (Interim Assistance Agreements).
For people applying under the unemployable category, the Vocational Specialist's Assessment (DHS-3234). See §0013.15.18 (GA Basis - Unemployable).
GRH: For participants who are aged, blind, or disabled and over 18, follow MSA. For all
COMBINED MANUAL ISSUE DATE 12/2008 RECERTIFICATION 0009 Review eligibility regularly. The schedule for reviews depends on the program and household circumstances. Some programs require more frequent reviews for certain client circumstances. The time between initial eligibility and the date a county agency must review the case, or the time between required reviews, is the certification period. See §0009.03 (Length of Recertification Periods), §0009.03.03 (When to Adjust the Length of Certification). Recertify clients who are eligible for ongoing assistance. Counties must use forms developed by DHS for the purposes of informing and advising clients about their rights and responsibilities, the status of an application or recertification, and ongoing eligibility for assistance. If DHS does not provide a form for a given purpose, the county agency may develop its own form. However, the form must meet the requirements in TEMP Manual TE12.02.01 (County Designed Forms). See §0009.06 (Recertification Process) for the process and forms to use. Some programs require an interview as part of the recertification process. See §0009.06.06 (Recertification Interview). The recertification process must be completed within set time frames. See §0009.06.03 (Recertification Processing Standards). For IV-E Foster Care clients, follow the procedures of your county Social Services unit for recertification. MFIP: All clients must complete a CAF and provide required verifications to be recertified. DWP: No provisions. FS: All clients MUST complete a CAF, have an interview, and provide required
verifications to be recertified. See §0009.06.06 (Recertification Interview).
A signed and dated Combined Application Form (CAF) (DHS-5223) must be filed with the human services agency in the client’s county of residence.
EXCEPTION: Households in which all members are recipients of or applicants
for SSI may file a CAF at a Social Security Administration (SSA) office.
DO NOT require units to report for a face-to-face interview during the certification period.
COMBINED MANUAL ISSUE DATE 12/2008 RECERTIFICATION 0009
Clients living in the community must complete a Combined Application Form (CAF) (DHS-5223) and provide required verification to be recertified. Clients living in the community but receiving waivered services that require an LTC budget, must complete the Minnesota Health Care Programs Long-Term Care and Elderly Waiver Renewal Form (DHS-2128). Clients who are LTCF residents for whom MA pays the cost of care, must complete the DHS-2128.
GA: All clients must complete a Combined Application Form (CAF) (DHS-5223) and
COMBINED MANUAL ISSUE DATE 12/2008 RECERTIFICATION INTERVIEW 0009.06.06 A single interview must cover all programs for which the unit is requesting certification or recertification. The interview may be with 1 or more adults in the unit or the unit's authorized representative. See §0005.06 (Authorized Representatives). If there are no adults in the unit, the interview may be with the primary contact person. See §0005.12.12 (Application Interviews). Units may bring any person they choose to the interview. MFIP: Conduct a face-to-face interview at least once every 12 months. The contents of the
interview are the same as for application interviews. Under certain circumstances you may waive an in-office interview. You must make alternative arrangements for a face-to-face interview if you waive an in-office interview. See §0005.12.12.03 (Waiving In-Office Interviews).
At each annual recertification, give the brochure MFIP for Minor Caregivers (DHS-3238) to a unit containing a minor caregiver and child. Re-evaluate and discuss with the caregiver, the living arrangement requirements, exemptions, and procedures. See §0012.06 (Requirements for Custodial Parents Under 20).
Explain the Family Cap policy at each recertification. See §0014.06.03 (Family Cap). Determine if the caregiver meets eligibility for Family Stabilization Services (FSS). Review FSS criteria with the caregiver. Give the Reporting Responsibilities for MFIP Households brochure (DHS-2647) to participants at the face-to-face interview. Explain the significant change policy. See §0008.06.15 (Removing or Recalculating Income).
DWP: No provisions. FS: Conduct a face-to-face interview for all recertifications. The contents of the
interview are the same as for application interviews. County agencies may waive an in-office interview when there is a need. See §0005.12.12.03 (Waiving In-Office Interviews).
When the client misses a recertification interview, either an in-office interview, a
home visit, or a phone interview, send a SPEC/LETR or a SPEC/MEMO to the client informing him or her of the missed interview and the responsibility to reschedule another interview. Sample SPEC/ LETR and SPEC/MEMO notices are available in TEMP Manual TE02.05.15 (Missed Interview Notice).
COMBINED MANUAL ISSUE DATE 12/2008 RECERTIFICATION INTERVIEW 0009.06.06
Offer an adult parent with children (of any age) in the home or an adult unit member who has parental control over children in the home the right to change the principal wage earner. For the description of principal wage earner, see §0028.03.06 (Determining FS Principal Wage Earner).
MSA, GA, GRH:
An interview is not required for this program. However, if the client requests or is receiving another program for which an interview is required, follow the general provisions above.
COMBINED MANUAL ISSUE DATE 12/2008 STATE RESIDENCE 0011.06 People who are not Minnesota residents are ineligible for ALL programs EXCEPT Food Support. See §0004 (Emergencies). People establish Minnesota residence by being physically present in the state, residing here voluntarily, and not maintaining a home elsewhere. See specific program provisions for additional ways people can establish residence. See also §0011.06.09 (State Residence - 30-Day Requirement). People lose Minnesota residence when they physically leave the state with the intention of living elsewhere. EXCEPT as noted below, temporary absences from the state do not result in loss of residency. To determine temporary absence, see §0014.09 (Assistance Units - Temporary Absence). For information on verifying state residence, see §0010.12 (Sources of Verification - Home Visits), §0010.18 (Mandatory Verifications), §0010.18.01 (Mandatory Verifications - Cash Assistance), §0010.18.02 (Mandatory Verifications - FS), §0010.18.08 (Verifying Intent to Remain in Minnesota), §0029.29 (Safe At Home Program). For coding procedures for a client with whereabouts unknown, see TEMP Manual TE02.08.012 (Returned Mail Processing). MFIP, DWP:
For some people, there is no minimum time they have to be in the state to gain Minnesota residence. See §0011.06.09 (State Residence - 30-Day Requirement). A person living in temporary housing (such as a vehicle or shelter) meets state residence requirements.
Also consider people to be residents if they came to Minnesota with a job commitment or to seek employment. Current employment or intent to remain in Minnesota are not requirements for these people, and they can establish state residence even if they maintain a home in another state.
To gain Minnesota residence, people must intend to stay in Minnesota. Migrants meet the intent to remain requirement due to the nature of their work.
People lose Minnesota residence when:
They leave the state with the intention of living elsewhere. Clients who leave Minnesota for less than 30 days with the intention of returning, do not lose their Minnesota residence.
COMBINED MANUAL ISSUE DATE 12/2008 STATE RESIDENCE 0011.06
They leave Minnesota for more than 1 month, unless they meet a temporary absence condition. See §0014.09 (Assistance Units - Temporary Absence).
They claim residence in another state to get assistance there.
Do not deny an application or addendum solely because the client does not meet state residency criteria. Leave the case pending until the client meets the residency requirements or until you can establish eligibility or ineligibility.
FS: There are no state residency requirements for Food Support. People who are
present in the state for reasons other than vacation and who are not receiving Food Support elsewhere are eligible if they meet other requirements.
Residents of battered women's shelters in Minnesota are eligible even if they participated elsewhere in the month they entered the shelter.
People maintain Minnesota residence while they are on vacation out of state. People lose Minnesota residence during other temporary absences from the state.
MSA, GRH:
People do not lose state residence during a period of temporary absence from the state. However, people who are outside the United States for an entire calendar month are ineligible for that month.
Verify intent to remain in Minnesota ONLY if questionable. See §0010.18.08 (Verifying Intent to Remain in Minnesota).
GA: A person must be a state resident to be eligible. A state resident is a person who has
lived in Minnesota for at least 30 days with the intent of making Minnesota his/her home. There are certain EXCEPTIONS to this requirement. See §0011.06.09 (State Residence - 30-Day Requirement).
Do not deny an application or addendum solely because the client does not meet state residency criteria. Leave the case pending until the client meets the residency requirements or until you can establish eligibility or ineligibility.
A client who indicates an out-of-state residence or who lives in an excluded time facility is not a state resident if she/he indicates intent to leave Minnesota within 30 days from the date of application. See §0011.06.03 (State Residence - Excluded Time) for EXCEPTION for residents of battered women's shelter.
COMBINED MANUAL ISSUE DATE 12/2008 STATE RESIDENCE 0011.06
Verify intent to remain in Minnesota ONLY if questionable. See §0010.18.08 (Verifying Intent to Remain in Minnesota).
.
COMBINED MANUAL ISSUE DATE 12/2008 APPLYING FOR OTHER BENEFITS 0012.12 MFIP: Require clients to apply for and accept benefits from other programs (for which they
appear eligible) if those benefits would reduce their MFIP benefit. This includes SSI and Unemployment Insurance. They must apply for benefits within 30 days of being told of their potential eligibility. Deny or terminate eligibility if clients fail to apply without good cause. Good cause for failure to apply for these benefits is allowed when circumstances beyond the control of the applicant or participant prevent the applicant or participant from making an application.
Do not require clients to reapply for benefits which had been denied before, unless there has been a change in circumstances or eligibility requirements of that benefit program.
When a member of the MFIP unit has been awarded Workers’ Compensation, any MFIP received during the period covered by the Workers’ Compensation settlement or award is subject to recovery by the DHS Benefit Recovery Section (BRS). BRS has the authority to recover subsistence related to a workers’ compensation injury. An Interim Assistance Agreement (IAA) is not required.
DWP: Follow MFIP. However, clients applying for SSI and SSDI are considered unlikely
to benefit from DWP and should be converted to MFIP. See §0008.06.24 (DWP Conversion or Referral to MFIP).
FS: No provisions. See §0017.15.06 (Assistance Payments Income). GA, MSA:
Require clients to apply for benefits from other programs (for which they appear eligible) if those benefits would reduce their grant amount. Benefits for GA clients would likely be RSDI and/or SSI and for MSA clients increases in SSI or RSDI due to a change in circumstances. Clients must apply for benefits within 30 days of when you told them about their potential eligibility. Deny or terminate eligibility if clients fail to apply without good cause. Three months prior to the 62nd birthday of a person who has any U.S. work history, require him/her to sign an Interim Assistance Agreement (Non-SSI) (DHS-1795A) and to file for Social Security early retirement benefits.
Do not require clients to reapply for benefits which were previously denied unless there has been a change in circumstances or eligibility requirements of the benefit program.
COMBINED MANUAL ISSUE DATE 12/2008 APPLYING FOR OTHER BENEFITS 0012.12
Refer clients to other programs using the Notice to Apply for Other Maintenance Benefits form (DHS-2116). Within 30 days of the date of the referral, clients must sign an SSI Interim Assistance Agreement (DHS-1795) if being referred to SSI, or an Interim Assistance Agreement (DHS-1795A) if being referred to other benefit programs. They must also give written consent to the exchange of information between the county agency and the office administering the benefits for which they are applying when applying for benefits other than SSI.
For MSA, deny or terminate people who do not get SSI or RSDI because they have exhausted time-limited benefits. People in this category may apply for GA. The loss of SSI by a non-citizen who has reached the SSI time limit does not prohibit GA eligibility. Do not consider the loss of SSI due to exhausted time-limited benefits to be a failure to meet or comply with Social Security Administration program requirements. Deny or terminate people who are suspended or terminated from RSDI or SSI for failure to meet or comply with Social Security Administration or other program requirements. This includes failure to comply with a required treatment program and failure or inability to get a representative payee. NOTE: RSDI payments are specifically exempted from recovery by federal law.
DHS revised the non-SSI IAA to include a statement telling RSDI clients that RSDI payments, both retroactive and current, cannot be garnished, attached, executed upon or levied upon. It also tells clients that, although they are free to use their RSDI benefits to repay their interim assistance debt, they cannot be forced to use their RSDI benefits for this purpose.
When a member of GA or MSA unit has been awarded Workers’ Compensation, any GA or MSA received during the period covered by the Workers’ Compensation settlement or award is subject to recovery by the DHS Benefit Recovery Section (BRS). BRS has the authority to recover subsistence related to a workers’ compensation injury. An Interim Assistance Agreement (IAA) is not required.
Also see §0012.27 (Cooperating to Get Tort Liability Payments).
GRH: Follow MSA for aged, blind, and disabled participants. Follow GA for all other
COMBINED MANUAL ISSUE DATE 12/2008 EARNED INCOME DISREGARDS 0018.18 Earned income disregards are an employment incentive. Subtract earned income disregards only from the monthly earned income of a client. See §0017.12.06 (Earned Income), §0017.15.33 (Self-Employment Income). Do not reduce earned income to less than $0 or use earned income disregards to reduce unearned income. Also see §0018.06 (Work Expense Deductions). People may lose the earned income disregard when computing overpayments for failure to report a change timely. See §0025.03 (Determining Incorrect Payment Amounts). MFIP, DWP:
When determining income to use for the initial income test, disregard 18% of the unit's gross earned income.
EXCEPTION FOR MFIP ONLY: If anyone in the unit was a Minnesota participant of MFIP in any 1 of the previous 4 months, disregard 39% of the unit's gross earned income for the initial income test.
When determining net income for computing monthly benefits, disregard 39% of the unit's gross earned income. As an additional work incentive, MFIP allows a higher assistance standard for employed MFIP clients. See §0020.09 (MFIP/DWP Assistance Standards).
There is NO TIME LIMIT to the earned income disregard. Apply it every month the unit has earned income.
FS: There is no separate earned income disregard for FS. See §0018.06 (Work Expense
Deductions). MSA: For SSI recipients, no county action is required. For non-SSI recipients due to excess income:
Disregard the 1st $65 plus half the remaining earned income. If both spouses are clients, disregard $65 and half the combined earned income for the couple.
Allow the Blind and Disabled Student Child Disregard from earned income when a client meets ALL 3 of the following conditions:
- Is under age 22.
COMBINED MANUAL ISSUE DATE 12/2008 EARNED INCOME DISREGARDS 0018.18
- Is certified as blind or disabled by the Social Security Administration or the State Medical Review Team.
- Is expecting to attend school at least 1 month in the next calendar quarter, or did attend school at least 1 month of the current calendar quarter.
Limit the Blind and Disabled Student Child Disregard to a maximum of $1,640 a month and $6,660 in a calendar year. Apply it only to the client's income.
Do not reduce earned income to less than $0 or use earned income disregards to reduce unearned income.
GA: Disregard the 1st $50 of earned income for each person who has earned income. In addition, if the client has a discharge plan approved by the county, disregard up
to $150 per month for up to a maximum accumulated amount of $1,000 from earned income of people residing in:
Intensive Rehabilitative Treatment (IRT) Centers for the mentally ill.
OR Group residential housing (GRH). See §0002.29 (Glossary: Gross RSDI...) for
the definition of Group Residential Housing.
The money must be kept in a separate account for use after discharge, and discharge and work must be part of the treatment plan. Consider any money withdrawn from this excluded account before the client is discharged to be income to the client in the month of receipt.
GRH: For SSI recipients, the earned income disregards are already applied by the Social
Security Administration.
For non-SSI recipients who are aged, blind, or disabled:
Disregard the 1st $65 plus half the remaining earned income.
Allow the Blind and Disabled Student Child Disregard from earned income when a client meets ALL 3 of the following conditions:
- Is under age 22. - Is certified as blind or disabled by the Social Security Administration or the
State Medical Review Team.
COMBINED MANUAL ISSUE DATE 12/2008 EARNED INCOME DISREGARDS 0018.18
- Is expecting to attend school at least 1 month in the next calendar quarter, or did attend school at least 1 month of the current calendar quarter.
Limit the disregard to a maximum of $1,640 a month and $6,660 in a calendar year. Apply it only to the client's income.
Do not reduce earned income to less than $0 or use earned income disregards to reduce unearned income.
No provisions. MSA: MSA has 7 assistance standards whose use depends upon the applicant or
participant’s circumstances. Which assistance standard you use is determined by:
The SSI Federal Benefit Rate (FBR) upon which the client's SSI grant is based. See §0029.06.03 (Supplemental Security Income Program).
Whether a person is eligible for MA home and community based waivers (MA waivers), including Community Alternatives for Disabled Individuals (CADI), Elderly Waiver (EW), Traumatic Brain Injury (TBI), Community Alternative Care for Chronically Ill Individuals (CAC), and Home and Community Based Services for Persons with Mental Retardation or Related Conditions (MR/RC). See the Health Care Programs Manual for information on these programs.
NOTE: Consider a person who lives with others eligible for MA home and
community based waivers when the person is receiving Minnesota Senior Health Options (MSHHO) and EW services are being provided by the MSHO plan (rate cell B), or is receiving MSHO and was on CADI, TBI, or CAC but switched to EW when enrolled in MSHO (rate cell B), or is receiving MR/RC waiver services through the county agency but also enrolled in an MSHO plan (rate cell A).
Whether a person meets the county plan requirements for GRH placement (GRH plan) though not actually living in a GRH.
Whether a person is eligible for the shelter special need. See §0023.24 (Shelter Special Need Allowance).
A client's marital status.
A client's living arrangement.
A county may set its own standards at a higher level than the State Standards, but there is no State aid for the extra costs.
MSA COMMUNITY STANDARDS
The standard for MSA applicants and participants who live independently in the community is the total of the client's MSA assistance standard and any ongoing
COMBINED MANUAL ISSUE DATE 12/2008 MSA ASSISTANCE STANDARDS 0020.21
special needs allowances. See §0023.12 (Special Diets), §0023.15 (Guardian or Conservator Fees), §0023.18 (Restaurant Meals), §0023.24 (Shelter Special Need Allowance). If a married couple lives together and both partners are applying and have an MSA basis of eligibility, combine their incomes to determine eligibility and benefit level. Use the highest appropriate standard.
MSA MONTHLY ASSISTANCE STANDARDS
Person living alone (or some people with ineligible spouses or eligible for MA waivers, GRH plan, or a shelter special need) $ 735 Person living with others (or some people with ineligible spouses) $ 542 Married couple living alone $1,102 Married couple living with others $ 738 Married couple living alone (pre-1994) $1,117 Married couple living with others (pre-1994) (See explanations below) $1,001
APPLY THE $735 LIVING ALONE STANDARD WHEN:
A single person receives SSI benefits based on the $674 FBR and lives alone.
A single person does NOT receive SSI solely due to excess income and lives alone.
A single person lives with others and is eligible for MA waivers, a GRH plan, or a shelter special need.
A single person at the SSI $674 FBR due to a presidential disaster declaration and/or being homeless.
A married person lives with his or her ineligible spouse and receives SSI benefits based on the $674 FBR or does not receive SSI due to excess income.
COMBINED MANUAL ISSUE DATE 12/2008 MSA ASSISTANCE STANDARDS 0020.21
A married person lives with an ineligible spouse and receives SSI benefits based on the $449.34 FBR and is eligible for MA Waivers, a GRH plan, or a shelter special need.
APPLY THE $542 LIVING WITH OTHERS STANDARD WHEN:
A person receives SSI benefits based on the $449.34 SSI FBR, and is not eligible for MA waivers, a GRH plan or a shelter special need.
A person does NOT receive SSI solely due to excess income, and lives with others (including minor children but excluding spouse), and is NOT eligible for MA waivers, a GRH plan, or a shelter special need.
A person at the SSI $674 FBR and lives with others (including minor children). Do not apply this standard to a person living only with a spouse ineligible for MSA (see "Apply the $735 living alone standard when:" above.)
A married person lives with his or her ineligible spouse and receives SSI benefits based on the $449.34 FBR, and is NOT eligible for MA waivers, a GRH plan, or a shelter special need.
APPLY THE $1,102 (OR $1,117 PRE-1994) STANDARD FOR A MARRIED COUPLE LIVING TOGETHER WHEN:
Couple receives SSI based on the $1,011 FBR or is ineligible for SSI solely due to excess income and lives alone.
Couple receives SSI based on the $1,011 FBR or is ineligible for SSI solely due to excess income, lives with others, and one or both is eligible for MA Waivers, a GRH plan, or a shelter special need.
Couple at the SSI $1,011 FBR due to presidential disaster declaration and/or being homeless.
APPLY THE $738 (OR $1,001 PRE-1994) STANDARD FOR A MARRIED COUPLE LIVING WITH OTHERS WHEN:
Couple receives SSI benefits based on the $674 FBR.
Couple NOT receiving SSI solely due to excess income.
COMBINED MANUAL ISSUE DATE 12/2008 MSA ASSISTANCE STANDARDS 0020.21
MSA FACILITIES STANDARD:
The assistance standard for people either at the SSI $30 FBR (federal living arrangement “D”), see §0029.06.03 (Supplemental Security Income Program) and living in facilities where personal needs are not otherwise provided or some blind children is the clothing and personal need allowance - $89. See §0020.24 (Clothing and Personal Need Allowance) for the eligibility requirements.
A person hospitalized for illness may continue to receive their community standard established before being hospitalized if it is more than the personal needs allowance and if the person meets the conditions of temporary absence in §0014.09 (Assistance Units - Temporary Absence).
MSA clients who are residents of a licensed residential facility are NOT eligible for any special needs allowances EXCEPT for representative payee services. See §0023.21 (Representative Payee Services).
NOTE: Clients living in a Minnesota Consolidated Chemical Dependency
Treatment Fund (CCDTF) facility are NOT eligible for an MSA standard of need.
COMBINED MANUAL ISSUE DATE 12/2008 CLOTHING AND PERSONAL NEED ALLOWANCE 0020.24 MFIP, FS:
No provisions. DWP: An allowance of up to $70 per month per DWP unit member to pay for expenses
such as household products and personal products. See §0022.12 (How to Calculate Benefit Level - MFIP/DWP/GA).
MSA: The personal needs and clothing allowance is $89. Consider this allowance as the
standard of need for MSA clients who meet 1 of the criteria listed below. Also see §0020.21 (MSA Assistance Standards).
Clients in medical facilities where MA pays the cost of care.
SSI recipients who receive the $30 Federal Benefit Rate for federal living arrangement D, see §0029.06.03 (Supplemental Security Income Program).
Blind children who meet all the following requirements:
- They live with their parents and would be ineligible for SSI or their SSI would
be less if their parents' income or assets were counted. AND - They previously received a personal need allowance from SSI when they were
in a Title XIX (Medicaid) facility. AND - They receive MA under 1 of the following programs: TEFRA Option, Home
and Community Based Waiver for Persons With Mental Retardation or Related Conditions (MR/RC), Community Alternative Care (CAC), Community Alternatives for Disabled Individuals (CADI), or Traumatic Brain Injury (TBI). See the Health Care Programs Manual for information on these programs.
GA: The personal needs and clothing allowance is $89 for clients in licensed residential
facilities provided this need is not otherwise met. For clients residing in a GRH setting, add a $12 community living adjustment for a combined total of $101.
GRH: The personal needs and clothing allowance is $89 plus a $12 community living
adjustment for a combined total of $101. Allow the $101 as a deduction from net income before calculating the GRH payment. For clients who have insufficient income, it may be paid from GA.
.
COMBINED MANUAL ISSUE DATE 12/2008 SPECIAL NEEDS PAYMENTS 0023 MFIP, DWP, FS:
No provisions. MSA: A participant's living arrangement does not affect eligibility for special needs
payments for representative payee services. See §0023.21 (Representative Payee Services). However, participants living in group residential housing (GRH), nursing homes, or regional treatment centers are not eligible for any other special needs payments. Clients may have a special needs payment for certain items added to their assistance standard. See §0020.21 (MSA Assistance Standards), §0023.12 (Special Diets), §0023.15 (Guardian or Conservator Fees), §0023.18 (Restaurant Meals), §0023.21 (Representative Payee Services), §0023.24 (Shelter Special Need Allowance), TEMP Manual TE02.08.035 (How to Issue Special Needs Payments).
Clients may be eligible for a separate special need payment for home repairs, or for furniture and appliances. See §0023.06 (Home Repair), §0023.09 (Household Furnishings and Appliances). Usually, the county agency must approve these payments before the client incurs the cost. However, a client incurring an expense outside of working hours because of an emergency may contact the agency on the next working day to request help. County agencies must have written procedures for making special need payments. They must keep a record of requests for assistance and the disposition of each request. Clients must request special need payments in writing. County agencies may require clients to verify the need for an item. If a client is on vendor or protective payee status, pay the vendor directly. See §0024.09 (Protective and Vendor Payments). In other cases, issue the payment directly to the client or as a vendor payment.
Also see Emergency MSA provisions in §0004 (Emergencies).
GA: No provisions. See §0004 (Emergencies), §0028.16 (Support Services). GRH: No provisions. See §0018.39 (Prior and Other Income Reductions).
COMBINED MANUAL ISSUE DATE 12/2008 SHELTER SPECIAL NEED ALLOWANCE 0023.24 MFIP, DWP, FS, GA, GRH:
No provisions. MSA: The shelter special need allowance is a recurring special need payment for clients
whose shelter costs exceed 40% of the unit’s gross income. The amount of the allowance is $162. This allowance amount is equal to the maximum single person Food Support allotment as of July 1st each year.
To be eligible for the allowance, an applicant for the allowance must meet ALL the following requirements:
Be eligible for MSA.
Meet 1 of these conditions:
- Relocating to the community from an institution or an intensive residential
mental health treatment program. See INSTITUTION in §0002.33 (Glossary: Independent...).
OR - Eligible for the MA self-directed supports option. OR - A recipient of MA waiver services living in his or her own home or rented or
leased apartment.
NOTE: A client in an institution may already be eligible for MSA, but would not be eligible to receive the shelter special need allowance until after the move from the institution. A client in an institution and not eligible for MSA may become eligible upon discharge.
Be under the age of 65. However, a client under the age of 65 who is receiving the shelter special need allowance and turns age 65 continues to receive the allowance until subsidized housing becomes available.
Have total shelter costs that exceed 40% of the unit’s gross income before application of this allowance. See SHELTER COSTS in §0002.61 (Glossary: Self...).
Have an application pending for subsidized housing. The client must provide verification of application for subsidized housing. Once the client has been approved for and receives subsidized housing, the client is no longer eligible to receive the shelter special need allowance.
COMBINED MANUAL ISSUE DATE 12/2008 FRAUDULENTLY OBTAINING PUBLIC ASSISTANCE 0025.24 Fraud exists when:
People willfully or intentionally withhold, conceal, or misrepresent information to receive or attempt to receive more assistance than they are eligible for. For some programs, this includes people giving or receiving property without receiving or providing reasonable compensation. See §0015.69.06 (Improper Asset Transfers).
For purposes of establishing fraud in an Administrative Disqualification Hearing (ADH), an Intentional Program Violation (IPV) shall consist of a willful or intentional false statement, a concealment of a fact, or a misrepresentation. See §0025.24.06.03 (Administrative Disqualification Hearing).
People plan with or knowingly help another person to fraudulently seek or obtain assistance.
Ineligible or unauthorized people knowingly redeem or transfer assistance checks, or EBT cards.
Refer anyone you suspect of fraud for investigation. If you think fraud has occurred, immediately refer the case to the county's investigator or investigative unit. Continue benefits if current eligibility exists. Do not close a case or deny benefits to people under investigation for fraud if they are otherwise eligible. You may delay notifying a client of an overpayment if the county attorney believes that it would hinder the fraud investigation. In this instance, you may wait up to the end of the quarter following the quarter of discovery to notify the client of the overpayment and begin recoupment. Disqualify people found guilty of fraud through an Administrative Disqualification Hearing (ADH), a court approved pre-trial diversion plan, a disqualification consent agreement, or a conviction by a court action. See §0025.24.06 (Disqualification for Fraud) for information on disqualification procedures. MFIP: Disqualify MFIP families from Transition Year Child Care when all caregivers are
found guilty of fraud. DWP, FS, MSA, GA, GRH:
Follow general provisions.
COMBINED MANUAL ISSUE DATE 12/2008 ADMINISTRATIVE DISQUALIFICATION HEARING 0025.24.06.03 An Administrative Disqualification Hearing (ADH) is a formal, impartial review by a Hearing Judge for the purpose of rendering a decision as to whether or not an individual committed an intentional program violation (IPV). An IPV is any action by an individual which is a willful or intentional false statement, a concealment of a fact or a misrepresentation, whether or not it resulted or could have resulted in receipt of additional benefits. Failure to report on a timely basis does not necessarily constitute an IPV. The criteria for establishing the IPV requires an intentional act of deception, or one taken with an appreciation or understanding of its consequences or wrongfulness and must be proven by a clear and convincing legal standard of proof. Clear and convincing proof requires more than a preponderance of the evidence but less than proof beyond a reasonable doubt. Legally, clear and convincing is where the truth of the facts asserted is highly probable. In addition, there are also specific acts defined as IPVs that are related to program enforcement such as misuse of EBT cards and food stamp trafficking offenses. These generally constitute an IPV by the demonstrated performance of the particular act. Administrative Disqualification Hearing (ADH) must be initiated for individuals accused of committing an IPV when criminal charges are not being pursued. ADH procedures and requirements, EXCEPT for the notice of hearing as explained below, are the same as for appeal hearings. See §0027 (Appeals). REFERRAL OF IPVS Resolve cases of suspected IPVs through either the criminal or ADH process, not both. Do not make concurrent referrals for prosecution and ADH. The practice of resolving an IPV first through the ADH process and then referring the same IPV for prosecution is prohibited. If a case is dismissed in court, an ADH may be pursued because the burden of proof in establishing an IPV in an ADH action is the lower “clear and convincing” test as opposed to the “any reasonable doubt” standard required in a criminal prosecution. ADH WAIVERS AND REQUESTS FOR ADH Upon identifying an IPV and determining that the ADH process will be pursued, the accused individual must be offered the opportunity to waive the appearance before a Hearing Judge and simply agree to the prescribed disqualification penalties. Initiate the ADH process by completing the Notice of Intentional Program Violation –Waiver
COMBINED MANUAL ISSUE DATE 12/2008 ADMINISTRATIVE DISQUALIFICATION HEARING 0025.24.06.03 of Administrative Disqualification Hearing (DHS-3131). Prepare a narrative summary of the allegations, investigative findings, and the evidence to support the findings. Someone other than the assigned case worker must also review and sign the form and find that the case facts, if proven, would justify a finding of fraud. The waiver allows the client to admit to the facts or not, with the understanding that the disqualification penalty will be imposed in either case. Present or mail the ADH Waiver to the client. In either case, allow the client up to 10 days to return the form. Waivers should not be offered when there is only a suspicion of guilt but the evidence is not convincing. If a county agency determines that it has sufficient evidence to hold a hearing and has offered the individual an opportunity to waive the hearing, the agency must then schedule a hearing if the individual requests a hearing or does not sign the wavier. Do not offer an ADH waiver if the case is being referred for prosecution nor should prosecution be suggested as a threat if the waiver is not signed. If an ADH waiver is offered it should be because the county has already determined that an ADH is appropriate and is merely offering the individual the opportunity to opt out of the actual hearing. If the client waives his/her right to a hearing, disqualify the person. See §0025.24.06 (Disqualification for Fraud). Clients have the right to revoke a signed waiver and request an ADH be held. This revocation must be in writing and be received by the county agency prior to the effective date of the proposed disqualification or within 30 days of the date the waiver was signed, whichever is earlier. If the client refuses to sign the waiver, requests to have a hearing, or fails to return the waiver, refer the case for an ADH. Complete the Request for Administrative Disqualification Hearing (DHS-3132) and send to:
Minnesota Department of Human Services Appeals Office P.O. Box 64941
St. Paul, MN 55164-0941 Upon receipt of the Request for Administrative Disqualification Hearing (DHS-3132), the Office of Appeals will either accept or deny the request. If denied, the county agency will receive a notice indicating the reason for the denial. Denied requests may be resubmitted to the Office of Appeals for reevaluation. ADH requests may be withdrawn anytime before the scheduled hearing date with written notice to both the client and the Office of Appeals.
COMBINED MANUAL ISSUE DATE 12/2008 ADMINISTRATIVE DISQUALIFICATION HEARING 0025.24.06.03 If the Office of Appeals accepts a request it will schedule a hearing date and send the client and county agency a notice of hearing. The notice will include a copy of the summary prepared by the county agency. Federal regulations require the Office of Appeals to give notice of an ADH hearing at least 30 days in advance (unless the client waives the hearing), rather than the 5-day notice for a regular fair hearing. A judge may combine a fair hearing and ADH into a single hearing if the factual issues arise out of the same or related circumstances. The client must receive 30 days advance notice (unless waived) that the hearings will be combined. Within 90 days of client notification of an ADH or a combined hearing, the Office of Appeals must conduct the hearing, reach a decision, and notify the client and county agency of the decision. Unlike fair hearings, asking the appeals office to reconsider their decision is not an option. If either party disagrees with the Judge’s decision, they may start an appeal in district court. This is a separate legal proceeding that must start within 30 days of the date of the decision. People found guilty of fraud by an ADH determination are subject to the disqualification procedures in §0025.24.06 (Disqualification for Fraud). ADH INVESTIGATIVE SUBPOENA Subpoena authority is available to county agencies for gathering information in the investigative stage necessary to develop a basis for establishing and proving an IPV that will be pursued through the ADH process. Consider using an investigative subpoena when a third party refuses to provide information. Complete the Request for Investigative Subpoena (DHS-3436) form and send to the DHS Appeals and Regulations Division. Include a description of the information being requested and the relevance of the information to establishing the IPV. These subpoenas are not self-enforcing in that a first refusal to obey will not result in a contempt citation. However, these subpoenas are enforceable by appealing to district court for their enforcement by issue of a district court subpoena. MFIP, DWP, FS, MSA, GA, GRH:
COMBINED MANUAL ISSUE DATE 12/2008 10 DAY NOTICE 0026.12.03 Most adverse actions require a 10-day advance notice. MAXIS will issue a 10-day notice unless you override the notice. For coding and 10-day notice procedures for a client with whereabouts unknown, see TEMP Manual TE02.08.012 (Returned Mail Processing). See the following sections for specific situations that have additional or different requirements:
§0026 Notices. §0026.12.06 5 Day Notice. §0026.12.09 Adequate Notice. §0026.12.12 When Not to Give Additional Notice. §0026.12.15 When to Give Retroactive or No Notice.
MFIP: 10-day notice must be given for the following:
Death of a child or the 2nd caregiver.
Absence of a member of the assistance unit from the home which does not meet temporary absence. See §0014.09 (Assistance Units - Temporary Absence).
Approval of assistance unit member to receive assistance in another state.
Also see §0026.12.18 (Cash Cut-Off Notice), §0026.12.21 (Voluntary Request for Closure Notice).
DWP, FS, MSA, GA, GRH:
Follow general provisions.
COMBINED MANUAL ISSUE DATE 12/2008 SUPPLEMENTAL SECURITY INCOME PROGRAM 0029.06.03 The Social Security Administration operates the Supplemental Security Income (SSI) program. This program provides monthly income to low income aged, blind, and disabled people. GA and RCA applicants who are aged, blind, or disabled must apply for SSI. MFIP participants who are disabled must apply for SSI. See §0012.12 (Applying for Other Benefits), §0012.12.06 (Special Services – Applying for SSI), §0030.03 (Refugee Cash Assistance). SSI recipients may be eligible for MSA. All SSI recipients have a basis of eligibility for MA but are not automatically eligible for benefits. SSI recipients who are age 18 or over or under age 18 and blind have a basis of eligibility for MSA. SSI recipients are not eligible for DWP, MFIP or GA. See §0013 (Basis of Eligibility). SSI RESOURCE LIMITS
Individual $2,000 Couple $3,000
SSI FEDERAL BENEFIT RATES 2009 Individual Couple
Federal Living Arrangement (FLA) A $674.00 $1,011.00 (Own home) Federal Living Arrangement (FLA) B $449.34 $ 674.00 (Home of another) Federal Living Arrangement (FLA) C $674.00 (Child) Federal Living Arrangement (FLA) D $ 30.00 (living in medical facility)
In some situations, Social Security will adjust benefits by using standard amounts based on the full Federal Benefit Rate (FBR). For 2009, these amounts are: Individual Couple Value of 1/3 reduction: $224.66 $337.00
Presumed maximum value (PMV) of in kind support and maintenance (ISM) $244.66 $357.00
COMBINED MANUAL ISSUE DATE 12/2008 SUPPLEMENTAL SECURITY INCOME PROGRAM 0029.06.03 Essential person increment $338.00 Ineligible child allocation $337.00 Provide potentially eligible clients and clients who are referred to SSA with the SSA web site and toll-free telephone number. The toll-free number is 1-800-772-1213. The web site is http://www.ssa.gov/. For information on Americans with Disabilities Act (ADA) resources and an SSI advocates list, see the Employment Services Manual Appendix G (Resources for Americans with Disabilities (ADA) and Appendix G-3 (DHS - SSI Advocates List).
