Information to establish whether a family meets the above requirements is obtained from the application form and/or during the application interview.

The application form will be reviewed with the applicant including a review and discussion of the Personal Responsibility Agreement. (Refer to TEA 2004.1.)

The information obtained during the application interview may indicate that the family does not necessarily need on-going cash assistance. Any possible alternatives to cash assistance should be discussed with the applicant. For example, on-going child care assistance or Medicaid coverage may be all that is needed to support the parent(s) in work. Another alternative may be Diversion Assistance if one-time assistance is all that is needed for the adult to obtain or retain employment.

If it is agreed that an alternative to cash assistance is appropriate, then the TEA application will be denied with an applicable denial code. If regular on-going TEA benefits are appropriate, then the worker will proceed with the application process (See TEA 2100).

The interview will be documented on Form DCO-96. In addition, assessments conducted during the interview will be clearly documented in the case record. (Refer to TEA 2004.2.)

07/01/99

Assessments which shall be completed include:

• TEA Skills, Employability & Intake Assessment (Form DCO-1402)

The applicant will complete form DCO-1402 to determine the applicant’s skills, job readiness, screen for domestic violence and substance abuse. The worker will review and discuss the responses with the applicant. This may be done during the application interview. However, if it is determined that a referral should be made for possible substance abuse, the referral will not be made until the applicant has been approved for cash assistance. Refer to TEA 3100 for continuing assessments after approval.

• Learning Disability Screening

During the initial interview, the worker will complete the Learning Needs Screening Tool to determine if a possible learning disability exists. The worker will explain the use of the screening tool to the applicant. If the total points from the responses total twelve or more, a referral will be made to Arkansas Rehabilitation Services (ARS) for further assessment. The referral to ARS will not be made until after the application has been approved for cash assistance. ARS will provide the outcome of the assessment to the county office. (Refer to Policy Directive 99-8 for detailed procedures.)

During the initial interview, the worker will complete the Learning Needs Screening Tool to determine if a possible learning disability exists. The worker will explain the use of the screening tool to the applicant. If the total points from the responses total twelve or more, a referral will be made to Arkansas Rehabilitation Services (ARS) for further assessment. The referral to ARS will not be made until after the application has been approved for cash assistance. ARS will provide the outcome of the assessment to the county office. (Refer to Policy Directive 99-8 for detailed procedures.)

• TABE

All non-deferred/non-exempt applicants will be required to take the TABE unless:

• one has been completed within the last six months; or
• the individual will be referred to ARS for further learning disability assessment.

The TEA worker will explain to the applicant that failure to take the TABE without good cause may result in the non-compliance sanction being imposed.

If transportation, child care or other supportive services are unavailable to the applicant, he or she will not be required to take the TABE until after the application is approved.

Based on the information provided from the assessments, the worker and client will determine what should be included in the Employment Plan. The Employment Plan may also be developed during the application interview. (See TEA 2160, TEA 3100, TEA 3150.)

07/01/97

Example 1. Mr. H. applies for TEA cash assistance. During the interview, it is determined that he is employed but cannot maintain his employment unless repairs are made to his car. Mr. H. reports monthly earned income of $700.00. Diversion is discussed. The worker determines that if Mr. H. lost his employment he would be eligible for TEA. The worker also determines that the diversion payment would cover the cost of repairs. In this instance, diversion is appropriate.

Example 2. Ms. G. applies for TEA cash assistance. During the interview, it is determined that she is employed but cannot maintain her employment unless repairs are made to her car. Ms. G. was determined income eligible. However, during the course of the interview, it was determined that Ms. G. has $3500 in her savings account. Because Ms. G is over the resource limit, she would not be eligible for TEA. Therefore, diversion is not appropriate.

The Diversion Assistance payment will be the actual amount needed to resolve the crisis up to a maximum of three months of maximum grant payments for the household (e.g., h/h of 3 = $204 x 3 months = $612 maximum diversion payment). If the amount needed to resolve the problem is more than the maximum payment, and there are no other resources available to assist with the cost, it will be determined whether the maximum will alleviate the crisis in any way. If not, the payment will not be authorized.

EXAMPLE: Ms. Brown comes in to apply for TEA. She has 2 children. During the interview and review of the skills assessment, it is determined that she has found a job but because her car needs repair work, she can’t accept it. The cost to repair the car is $550 and she cannot afford to have it repaired. The grant amount Ms. Brown and her family could receive is $204. The maximum Diversion Assistance payment Ms. Brown could receive is $550 (the actual cost, which is less than three times her maximum monthly benefit level). If this Diversion payment is not repaid, it will count as three (3) months of the twenty-four month time limit. ($550/204 = 2.7 rounded up to 3 months)

If the cost to repair the car was $700, the maximum Diversion Assistance payment Ms. Brown could receive is $612 ($204 x 3). However, before authorizing this, it should be verified with the repair shop that they will accept this amount to make the repairs or that the car could be repaired sufficiently for that amount so that she could drive it.

07/01/99

To authorize payment, the following steps will be taken:

1. Complete form DCO-58, Relocation/Diversion Assistance/Medicaid Transportation, and have it keyed to the WAGR screen. For appropriate codes, refer to the DCO User’s Manual.  The payment will be made payable to the applicant.
2. Complete form DHS-187, Billing & Routing sheet and route as instructed on the form.
3. Deny the TEA application using the denial code for Diversion Assistance approval.

The County Office will explain to the applicant that the Diversion Assistance payment is being approved and that the check will be mailed on the following day.

The income and resource sections of the application will be reviewed with the applicant to determine whether the family may be eligible for assistance. If the income or resources are above the maximums of $223/month for income (TEA 2351) or $3000 for resources (TEA 2272), it is not necessary to continue the application interview. The TEA application will be denied. If it appears that the family may be eligible for assistance, the interview process will continue.

2110         Social Security Number Enumeration Requirement                     05-01-08

            To meet the Social Security enumeration requirement, each eligible person included in the Budget Unit must either:

            a.         Declare a Social Security number or

            b.         Apply for a Social Security number if one has not been issued or if one has been issued but is not known.

1.   Individuals who Declare an SSN

            To declare an SSN, an individual must state the number.  Verification is not required. When an individual declares an SSN, the eligibility worker will enter the SSN to the ANSWER system for verification through the IEVS system.  (This verification process is described in TEA 2110 #4.)  The county office worker will not attempt to verify the SSN declared.  However, if the household presents documentary evidence such as a social security card, a copy will be placed in the case record and used, if necessary, to clear any SSN discrepancies.

2.   SSN Application Process (No SSN or SSN Not Known)

a.  Aliens and Individuals age 12 or over

An alien regardless of age and an individual age 12 or over must apply in person at the local Social Security Administration Office.  The eligibility worker will issue an SS-5, Application for a Social Security Card and a DCO-12, Enumeration Referral, along with the identifying information and pseudo-SSN to the applicant. The worker will not forward any evidence to SSA for the applicant unless SSA specifically requests such evidence.  A photocopy of the SS-5 and DCO-12 will be retained in the county office until the DCO-12 is returned by SSA showing that a complete SSN application has been received. 

An individual who has been issued a number but does not know it can obtain a replacement SSN card by completing an SS-5 and taking or mailing it to SSA.

If the DCO-12 is returned by SSA showing that a complete SSN application has not been received, the eligibility worker will send a DCO-1 advising the applicant that he must submit a complete SSN application to SSA within 10 days or the TEA application will be processed without that person’s eligibility being considered.

a.                b.  Individuals under age 12

 Form SSA-2853 (Receipt for Enumeration at Birth) will be accepted as proof of application for an SSN if an application for an SSN was made at the hospital when the baby was born.  The eligibility worker will request the applicant to provide the SSA-2853, and make a photocopy for the case record.  The county worker can accept this form as proof until the first reevaluation for continued eligibility.  At that time, if a card has not been received, or a number is not on the system, the worker will complete an SS-5 and DCO-12 to forward to the SSA office, as described below.

For other individuals under age 12 who must apply for an SSN, the eligibility   worker must complete the SS-5 and DCO-12.  The worker will inform the applicant  of what are acceptable types of evidence to verify date of birth, identity and U.S. citizenship as listed on the SS-5 application.

            The original copies of evidence along with the SS-5 and DCO-12 will be submitted to the local Social Security Administration Office.  A photocopy of the SS-5 and DCO-12 should be retained in the county office until the DCO-12 is returned by the SSA office indicating that a complete SSN application has been received. 

 If the DCO-12 is returned by SSA indicating that additional information or evidence is required, the worker will obtain the additional evidence, if available to the worker, and resubmit the entire SSN application and DCO-12.  If additional evidence is not available to the worker, a DCO-1 will be sent to the applicant requesting the information and advising that if not provided within 10 days, the application will be processed without the person's eligibility being considered.

                 c.  Qualified Aliens not Authorized to Work in the U.S.

            SSA will not assign an SSN or a replacement card to an alien who does not have authorization of the Department of Homeland Security to work in the United States unless the alien has a valid non-work reason for needing an SSN.  Meeting the eligibility requirements for TEA   would be a valid reason for SSA to authorize an SSN.  To assign an SSN in this situation, SSA requires documentation from DCO that the individual meets all eligibility requirements for cash assistance except for an SSN.  For these individuals, the county office must first determine that the individual meets all points of eligibility except for an SSN.  If they are TEA eligible, the county should complete the DCO-12, checking on the form that the non-work alien meets all eligibility requirements except for the SSN.  The county office will issue the DCO-12 and SS-5 to the applicant or responsible party, following the procedures in 2.a. above, regardless of the age of the qualified alien.  SSA requires an interview for enumeration of all non-citizens.  NOTE:  Counties should only refer eligibles to SSA.  Non-eligible, non-work alien parents applying only for their children should not be referred to SSA.  They should be given a pseudo-SSN.

                 d.  Undocumented Alien

An undocumented alien who is the casehead or included as  an ineligible member  in an open case will be assigned a pseudo number even if an SSN is provided.  This includes an undocumented pregnant woman. 

More information regarding the procedures for applying for a SSN can be obtained        through  SSA’s website: www.ssa.gov/ssnumber/ or by calling toll free at 1-800-772-1213, deaf or hard of hearing at 1-800-325-0778 from 7 a.m. to 7 p.m., Monday through Friday for specific questions.

3.   Verification of Social Security Number by SSA

     Each month, all Social Security numbers that have been entered to ANSWER  by the

     county office with enumeration code "Provided" are submitted to the Social Security

     Administration to verify SSN based on name, sex and date of birth.  ANSWER will submit

     every unverified number and pseudo numbers on a monthly basis.  If all match data agrees

     with SSA records, the enumeration code is changed to "Verified" in ANSWER by the

     system and the SSN is no longer keyable by the county.  Once verified the enumeration

     code “S” will show on the Mainframe and ANSWER will show verified.

       If one or more of the match items does not agree with SSA records, the enumeration

       code "Provided" will be changed on the Mainframe and ANSWER system to one of the

       following mismatched codes:  

                Mainframe                             ANSWER

                        1                                  SSN not on SSA files

                        2                                  Name matches, DOB matches, Sex does not match

                        3                                  Name matches, DOB does not match

                        4                                  Name matches, DOB and Sex do not match

                        5                                 Name does not match, DOB and Sex not checked.

                        6                                  Name and DOB match, multi or different SSN

4.   SSN Mismatch Report  

      SSNs that have mismatched with SSA records will be reported via the SSN Mismatch

       Report on the ANSWER Reporting System.  A mismatched SSN will continue to appear

       on this report each month until the mismatch has been resolved and SSA verifies the

       number.  The report will reflect the number of times a particular mismatched SSN has

       been submitted to SSA.  This counter will appear in the”Counter” column of the Mismatch

       Report.  

       The report will be posted to the ANSWER Reporting System by the third workday of each

        month.  The county staff must review and take action to resolve each mismatch on the

        report within 60 days of receipt.  The ANSWER Narrative will be updated to reflect the

        action taken. 

5.    Resolving Mismatches

  First, check for obvious mismatches, (e.g. errors in keying the SSN, sex, name, or date of

  birth).  Next, check SOLQ to determine if correction can be made in ANSWER from the

  SSA data on SOLQ.  If this process does not resolve the mismatch, follow the procedures

   listed below.

        a.   SSN Not on SSA Files (Code 1)

               If the SSN submitted is not a pseudo number,

               (1)      View the person's Social Security card.

               (2)       If the number on the card is different from that shown on ANSWER, make the

                          necessary corrections on ANSWER and change enumeration code to

                          "provided " and save.  The SSN will then be resubmitted to SSA on the next

                          SSN electronically transferred file.

                (3)     If the number on the card is the same as shown in ANSWER, send a photocopy

                         of the card with a memo via fax or email to ANSWER System Support, Office of 

                          Program Planning and Development (OPPD), fax # 501-682-1597.  The memo 

                          should list the case head name, case number, member name, member SSN,

                           the reason for the mismatch and any other pertinent information the count has

                           obtained, e.g., contact with SSA.  Narrate information in ANSWER.  System

                           Support will further investigate and advise the county of further action needed.  

Note:    Code 1 will continue to show for a newborn with a pseudo  number until an SSN  has been issued.

        b.   Name matches, DOB matches, Sex does not match (Code 2); Date of Birth Mismatch (Code 3); Name matches, DOB and Sex do not match (Code 4)

              (1)      View a copy of the individual's birth certificate or other proof of age.

              (2)       If date of birth, and/or sex is different from that shown in ANSWER, make   

                         necessary corrections in ANSWER and change enumeration code to

                         "Provided".

  (3)       If date of birth, and/or sex is the same as shown in ANSWER but different from

              what is shown in SOLQ, submit an SS-5 to SSA with the age documentation. 

              A DCO-12 will also be sent with the SS-5.  When SSA’s records are corrected,

              an update will be received via the enumeration system and the enumeration

              code will be changed automatically to “S” on mainframe and “Verified” in

              ANSWER. 

             (4)       If all information is the same as shown in ANSWER, send a photocopy of

                         the documents  with a memo via fax or email to ANSWER System

                         Support, Office of Program Planning and Development (OPPD),  fax #

                         682-1597.  The memo should list the case head name, case number,

                         member name, member SSN, the reason for the mismatch and any other

                         pertinent information the county has obtained, e.g., contact with SSA. 

                         Narrate information in ANSWER.  System Support will further investigate

                         and advise the county of further action needed.

        c.   Name Mismatch (Code 5)

              (1)       View the person's Social Security card.

              (2)    If the name shown on the card is different from that shown in ANSWER and the

                       person is in agreement, make the necessary corrections in ANSWER and change

                       the enumeration code to "Provided".  If the person is not in agreement and it has

                       been established that the person is the same, the preferred name will be used.

                   Example 1:   The name on the card is Mary Smith (married name).  The name in

                                           ANSWER is Mary Jones.  Ms. Jones agrees to change her name to

                                           Mary Smith.  ANSWER is corrected and the enumeration code will be

                                           changed to “Provided”.

                  Example 2:   Mary Smith prefers to use her maiden name, Mary Jones, instead of her married name.  The name in ANSWER is Mary Jones.  Her name will not be changed to her married name in ANSWER. Ms. Jones will be advised to contact SSA to change their records. 

              (3)    If the name shown on the card is incorrect, proof of the correct name should

                       be obtained.   An SS-5 with the documents verifying the correct name will

                       then be sent to SSA to correct their records.  A DCO-12 will be sent with the

                       SS-5. 

           Example 3:  George Williams Martin is listed on the Social Security Card.  However, the correct name is George Martin Williams as verified by the birth certificate.

              (4)    If the name on the card agrees with the name in ANSWER, send a 

                      photocopy of the card with a memo via fax or email ANSWER System  Support,

                      Office of Program Planning and Development (OPPD), fax # 501-682-1597.  This

                      memo should list the case head name, case number, member name, member SSN,

                       the reason for the mismatch and any other pertinent information the county has

                      obtained, e.g., contact with SSA.  Narrate information in ANSWER.  System Support

                      will further investigate and advise the county of needed action.   

        d.      Name & DOB match, Multiple SSN’s or different SSN (Code 6)

                 The worker will review the SSNs provided and SOLQ to determine which number is

                 correct.  WESD may also be used if determined appropriate.  If the applicant did not

                 provide an SSN card, the worker will request a copy of it if needed to determine the

                 correct number.  ANSWER will be updated with the correct number. 

        e.      Pseudo SSN

                 The System will update a pseudo if only one actual SSN is  returned.  If more than one

                  is listed on the mismatch report, the worker will determine the correct number and

                  update the number in ANSWER.

6.   Household Cooperation in Clearing the Mismatch Report

      When declared SSN’s are returned by SSA as unverified, it is often necessary for the

       household to furnish the information necessary to clear the Mismatch Monthly Report.  

       A request for contact must be issued by the DCO worker to advise the recipient of the

       mismatch, what caused the problem (e.g., name is incorrect) and what information must be

       provided to resolve the problem.  The recipient will be given 10 days to furnish the information.

       If the household does not furnish the needed information by the end of the designated 10-day

       period an advance notice of adverse action will be issued.  The notice will specify that:

• the recipient has 10 days to furnish the information needed to clear the SSN mismatch;

•  failure to provide the information will result in terminating eligibility for the individual whose SSN has not been verified or closure of the case if applicable; and

•  if there are problems in obtaining the needed material the recipient should contact the DCO county office at once.

       If the recipient claims that the information needed to clear the mismatch report cannot be

       furnished, the DCO worker must substantiate the inability to provide the needed

      information.  For example, a household may claim it cannot verify a name change because

      official records  were destroyed in a fire.  The DCO worker would attempt to verify the

      occurrence of the fire because SSA records cannot be corrected without the missing

      documentation.  If the county worker verifies that the recipient cannot provide the

      information needed to verify the SSN, the individual may continue to participate if

      otherwise eligible.

      All actions taken by the county office to clear SSN mismatches must be fully documented in

      ANSWER.

7.   Monitoring of SSN Mismatch Report

      The DCO ES County Supervisor, or designee in the absence of an ES County Supervisor,

       will be responsible for monitoring the SSN mismatch report posted monthly for

       appropriate and timely processing.  A random selection will be reviewed for compliance.

       The Program Support Specialists will conduct a random review of cases listed on the 

       SSN mismatch report monthly for compliance and provide a report to the Area Director.

If the client knows and provides the SSN, the enumeration requirement is met. If the application is certified, the SSN will be entered to the system.

The Social Security card for each person who already has an SSN will be requested. A photocopy of the card should be made and filed in the case record. If the client does not have the card with him, he will be requested to provide it as soon as possible.

The purpose of obtaining and photocopying the card is to help ensure the accuracy of the number and to help resolve any mismatches which may occur when the SSN is submitted to the Social Security Administration for verification. Therefore, the card should be viewed and photo-copied whenever possible.

If he states he does not have the card, an SS-5, Application for a Social Security Number Card, should be completed to obtain a replacement card.

07/01/99

An application for an SSN will be made for each person who does not have an SSN and for each person for whom the client states an SSN has been issued but the number is not known. For such persons, the enumeration requirement is met when a complete SSN application is received by the Social Security Administration. Assistance may not be denied nor delayed pending receipt of the SSN.

If an application for a SSN was completed at the hospital at the time of birth, and the applicant can provide a SSA-2853, Receipt for Enumeration at Birth, a new SSN application will not be required.

A pseudo-SSN for the person will be obtained. Pseudo-SSN’s will be assigned according to the procedures outlined in the DHS Social Security Number Procedures Manual.

Through an agreement with the Social Security Administration, procedures have been established for DHS staff to submit SSN applications to SSA on behalf of individuals under 18 years of age and to refer adults and non-U.S. citizens to SSA to make the application in person. SSA will in turn verify to the county office that a complete SSN application has been received and provide the SSN to DHS when the number is assigned. These procedures are described in more detail below.

1. Individuals Under Age 18

An SS-5 and DCO-12, Enumeration Referral, will be completed for each person under age 18 who must apply for an SSN. The SS-5 must be signed by the person applying for the SSN or by his parent or guardian. Note: If the client presents verification that an SSN application has already been made, this will be noted in the appropriate box on the SS-5. Identifying information must be substantiated by evidence establishing the correct date of birth or age, identity, and U.S. citizenship. The county office will gather this evidence and submit it to SSA with the SS-5.

If the client provides a SSA-2853, Receipt for Enumeration at Birth, no further action will be required as the application for a SSN has already been made. However, if an SSN has not been received within one year from the date on the SSA-2853, an SS-5 and DCO-12 must be completed.

Acceptable types of evidence will normally be the same used to establish Age and Relationship for TEA. However, there are some differences in what may be accepted for TEA and SSA purposes. It should also be noted that original copies of documents must be submitted with the SS-5. Staff should refer to the SSA Program Operations Manual System (POMS), Welfare Enumeration, for instructions regarding the proper completion of the SS-5 and acceptable types of evidence. 

It is the responsibility of the applicant to provide the county office the documents needed to submit the SS-5. However, if the applicant is having difficulty or is unable to obtain the required documents, the county office should assist. As soon as the necessary documents are provided, the county office will submit the completed SS-5 with the original documents attached and Form DCO-12 to the local Social Security Administration district office. If the client does not wish to relinquish the original documents needed to submit the SS-5, then he will be referred to the local SSA office to make the SSN application in person. The procedures described in Section 2 below will be followed for referring such persons.

Prior to submitting the SS-5 and DCO-12, or to referring the person to the SSA office to apply in person, the pseudo-SSN, preceded by the state BENDEX code (040), must be entered in the appropriate spaces on the SS-5 and DCO-12. Entry of the pseudo-SSN on the SS-5 and DCO-12, as well as on the DCO-56 if the application is certified, is essential for proper feedback of the SSN from the Social Security Administration through the enumeration system.

A photocopy of the SS-5 and DCO-12 should be retained in the county office. In addition to serving as a referral form to SSA, the DCO-12 serves as verification that SSA received the complete SSN application. Assistance for persons who must apply for an SSN should not be authorized until the DCO-12 is received from SSA showing that a complete SSN application has been received. SSA will return the documents to the county office with the DCO-12. The photocopy of the SS-5 and DCO-12 may be destroyed at that time. The completed DCO-12 will be filed in the case record. It will be the responsibility of the county office to return all appropriate documents to the client.

If the DCO-12 is returned by SSA indicating the application was not complete and that additional evidence is required, the county office will obtain the additional evidence and re-submit the entire SSN application and DCO-12. If the additional evidence must be obtained from the applicant, a DCO-1 will be sent requesting the information within ten days and advising that if it is not, the application will be processed without this person’s needs included in the unit.

If an SS-5 has already been submitted to SSA in another program (Food Stamps or Medicaid), do not submit another SS-5. The pseudo-SSN already assigned to the person will be obtained and entered on the DCO-56 if the TEA application is certified.

2. Individuals Age 18 or Older or Non-U.S. Citizens

An SS-5 and a DCO-12 with the identifying information and pseudo-SSN completed will be issued to each individual age 18 or older and each non-U.S. citizen who must apply for an SSN. (See #3 below regarding non-U.S. citizens and completion of the DCO-12.) It will be the responsibility of the applicant to take the forms along with the necessary evidence documents to the local SSA district office to apply for an SSN in person.

3. Non-U.S. Citizens Not Authorized to Work in the U.S.

SSA will not assign an SSN or provide a replacement card to an alien who does not have authorization of the Immigration and Naturalization Service (INS) to work in the United States unless the alien has a valid nonwork reason for needing an SSN. Meeting the SSN requirement in order to receive public assistance benefits is a valid non-work reason. However, before SSA will assign an SSN to these individuals, the county office must first determine that the individual meets all the eligibility requirements for assistance except for an SSN. When completing the DCO-12, the county will check on the form that the non-work alien meets all eligibility requirements except for the SSN.

It will be explained to the applicant documents may be acceptable to SSA but will not forward any evidence to SSA for the applicant unless SSA specifically requests such evidence. A photocopy of the SS-5 and DCO-12 should be retained in the county office until SSA returns the completed DCO-12.

If the DCO-12 is returned by SSA showing that a complete SSN application has not been received, a DCO-1 will be sent to the applicant advising that he must submit a complete SSN application to SSA within ten days or the TEA application will be processed without the person’s needs included in the unit. If SSA indicates that additional evidence is needed, the DCO-1 will also advise the applicant as to what additional information is needed by SSA.

In the above situations, SSA will provide the SSN to DHS through the enumeration system when the number is assigned. Based on the person’s pseudo-SSN, all systems records (ACES, Food Stamps, Etc.) for the person will automatically be updated to reflect the SSN. It will not be necessary for the client to provide the Social Security card. Once the SSN appears on an DCO-56 turnaround form or on the person’s ACES record (WAFM), the DCO-12 may be destroyed.

Pending receipt of the DCO-12, processing of the TEA application will continue in the usual manner (i.e. verify and determine other factors of eligibility). Since the enumeration requirement is an individual eligibility requirement, assistance for the otherwise eligible children and adult(s) may be authorized, in the event there is a delay in completing the SSN application or in receiving the DCO-12 from SSA.

EXAMPLE: Ms. Smith applies for TEA for herself and three children. She and two of the children already have SSN’s. The third child was born out of state and Ms. Smith is having difficulty in obtaining his birth certificate or any other acceptable evidence of age, etc. Since the other two children have SSN’s and are otherwise eligible, the application may be approved, excluding the third child who does not yet meet the SSN enumeration requirement. Once acceptable evidence is obtained and a DCO-12 is received which shows that the SS-5 was accepted by SSA as complete, then that child will be added to the case. (Note: A new application is not required to add the child in this situation.)

If the family includes a minor parent (i.e. under 18 years of age), certain requirements must be met. If the minor parent is not determined to be a "head of household", these requirements include signing the Personal Responsibility Agreement along with the adult in the home and living in an adult supervised setting. All minor parents must attend school or engage in other educational activities. These requirements are described in more detail in the following sections (TEA 2121 - 2122).

During the application interview, the child support enforcement requirements will be explained to the applicant.

The automatic assignment of child support rights will be explained to each TEA applicant. This will include reviewing with the applicant the "Assignment of Support" portion of the DCO-180. It is important that the casehead be made fully aware of his or her responsibility to pay to the Office of Child Support Enforcement any support payments received from the non-custodial parent once the assignment becomes effective; i.e. approval of the application. It should be explained to the casehead that paying to the OCSE all support payments covered by the assignment is a part of the child support cooperation requirement..

1. Providing information necessary to the completion of Form DCO-115, (OCSE Referral).
2. Appearing at the offices of the state or local agency or of the Office of Child Support Enforcement (OCSE) as necessary to provide verbal or written information, or documentary evidence known to, possessed by, or reasonably obtainable by the casehead that is relevant to the achieving of the objective of identifying and locating non-custodial parents, establishing paternity, and obtaining support;
3. Appearing as a witness at court or other proceedings necessary to achieving the objective of identifying and locating non-custodial parents, establishing paternity and obtaining support;
4. Providing information, or attesting to the lack of information, under penalty of perjury;
5. Providing information necessary to establish legal paternity for children included in the assistance unit for whom legal paternity has not been established.
6. Paying to the OCSE any child support payments received from a non-custodial parent which are covered by assignment after an assignment of child support becomes effective.
7. If required by the OCSE, entering into a formal repayment agreement, and complying with that agreement, to pay back any child support payments covered by the assignment which were received directly from the non-custodial parent and retained by the client.

An individual may be determined to have good cause for refusing to cooperate with the State in child support enforcement activities and thus, be freed from the cooperation requirement. Good cause may be determined to exist in certain specified circumstances under which cooperation would be against the best interests of the child.

Each TEA casehead and/or minor parent subject to the cooperation requirement must be informed in writing via Form DCO-90 of his/her right to claim good cause prior to the requiring of cooperation.

TEA will not be denied, delayed, reduced or discontinued pending claim determination if all other eligibility requirements have been established. The OCSE will not undertake activities to establish paternity or to secure support when notified that an individual has claimed good cause.

A claim of good cause will be made by the casehead or minor parent completing Form DCO-105 specifying the circumstance under which good cause is believed to exist. The casehead must provide corroborative evidence to establish the existence of the good cause circumstance and if requested, to provide sufficient information to permit the County Office to conduct an investigation. Evidence and/or information must be provided within 20 days from the date the claim was made unless the County Office grants an extension.

Upon request, the County Office will advise the casehead how to obtain the necessary documents and will make a reasonable effort to obtain any specific documents which the casehead is not able to obtain without assistance.

If the application is ready to be certified but the claim is still pending, the worker will complete the certification but no referral to the OCSE will be made at that time. (See TEA 2511.1.)

If the application is denied due to other factors, all procedures relating to the claim may be discontinued at that time. A narrative entry should be made to explain the discontinuance of good cause procedures.

All claims of good cause and circumstances on which claims are based should be carefully documented in the record. Claims of good cause based on the circumstances subject to change should be reviewed periodically.

Good cause will be determined to exist only if cooperation in establishing paternity and securing support would be against the best interests of the child due to at least one of the circumstances listed below.

1. The cooperation of the casehead in establishing paternity or securing support is reasonably anticipated to result in physical or emotional harm to the child, or to the mother or other relative with whom the child is living. The potential physical or emotional harm must be of a serious nature to justify a finding. A finding of good cause for potential emotional harm may only be based upon a demonstrable impairment that substantially affects the functioning of an individual.
2. The County Office believes that proceeding to establish paternity or to secure support would be detrimental to the child for whom aid is sought due to the existence of at least one of the following circumstances:

1. The child was conceived as a result of incest or forcible rape;
2. The adoption of the child is pending before a court of competent jurisdiction; or
3. The parent(s) is currently being assisted by a State or Licensed private social agency to resolve the issue of whether to keep the child or to relinquish him for adoption; and the discussions have not gone on for more than three months.

A claim of good cause which has been substantiated based upon the circumstance defined under Item 2(c) above will not be valid for more than 90 days from the time such determination was made.

If, after the 90 days referenced above, the issue regarding the continued presence of the child(ren) in the home has not been resolved, the casehead must submit to the County Office each month thereafter evidence and/or information showing that the issue has not been resolved and that efforts to reach a decision are continuing. If such evidence and/or information is not provided at such time, Form DCO-1 will be sent (if appropriate) notifying the casehead that such must be provided or the non-custodial parent information for Form DCO-115 provided within ten days. A failure to provide such evidence and/or information will be viewed as a failure to cooperate and the sanction will be applied.

If, during the 90 days, the issue is resolved that the child(ren) will remain in the home of the casehead, the good cause claim or decision substantiating the claim will become void. The casehead must then cooperate as required, or the sanction will be applied.

A good cause claim may be substantiated by:

1. Evidence which corroborates the claim, or
2. An investigation conducted by the County Office when the basis of the claim is anticipated physical harm and no corroborative evidence is available; or
3. Both corroborative evidence and an investigation.

It is the responsibility of the casehead to provide corroborative evidence and, if the County Office determines that an investigation is necessary, to provide sufficient information to enable such investigation.

The County Office will, upon request, advise the casehead how to obtain the necessary documents and make a reasonable effort to obtain any specific documents which the casehead is not able to obtain without assistance, Such requests will be documented on Form DCO-105.

Any evidence considered must have a direct and logical relation to the circumstance(s) under consideration, or it will be insufficient to substantiate good cause i.e., it must verify the claim. Corroborative evidence is to be provided by the casehead within 20 days (or 40 days in exceptional cases) from the date the claim was made.

Anticipated physical or emotional harm may be the basis of a claim for which there is no corroborative evidence particularly in the case of battered women. When no corroborative evidence is submitted in support of past physical or emotional harm, the County Office will investigate the claim when it believes that the claim is credible without corroborative evidence, and such evidence is not available.

Good cause will be found to exist if the statement of the casehead and the investigation satisfy the County Office that good cause exists. The casehead has the burden of establishing credibility and the reason no evidence exists. The agency investigation may not verify good cause, but should establish to the County Office’s satisfaction the credibility of the casehead.

A determination that good cause exists due to anticipated physical or emotional harm under this section will be reviewed and approved or disapproved by supervisory staff. The record will document the findings (Form DCO-105).

In addition to cases in which physical harm is the basis of the claim and no corroborative evidence is available, the County Office may conduct an investigation to further substantiate a claim when the corroborative evidence provided is insufficient to make a determination.

The following should be considered in every case in which the good cause determination is based in whole or in part upon the anticipation of emotional harm to the child, the mother, or the caretaker relative:

• Present emotional state of the person subject to emotional harm;
• Emotional health history of that person;
• Intensity and probable duration of upset;
• Degree of cooperation to be required; and
• The extent of the involvement of the child in the paternity establishment or support enforcement activities to be undertaken.

If the applicant makes a good cause claim, he or she will be advised of the information needed to substantiate it and that the information must be provided within 20 days of the date the claim is made. If the application is ready to be processed, though, before the 20th day and the evidence has not been provided, it will not be delayed. Refer to TEA 2511.1.

07/01/99

The sanction for non-cooperation with child support requirements will be lifted upon actual cooperation by the person who failed to cooperate. (Refer to TEA 4151 for a description of the sanction.)

When a client whose cash assistance payment was reduced due to child support non-compliance wishes to have his payment restored to the full amount, he or she must cooperate with the OCSE before the full payment is authorized. The cooperation requirement will be discussed with the client to determine if he or she intends to cooperate now. If the client states a willingness to cooperate, then he or she will be referred to OCSE.

Processing of the application may continue pending notification from the OCSE as to whether the client has cooperated.

If the reason for the prior non-compliance was the parent’s (or other adult relative’s) failure to appear in court, then full cooperation cannot occur until the OCSE schedules a court date and the client actually appears. If the OCSE advises that the client has agreed to cooperate but that a court date must be scheduled, then the application may be approved at the reduced payment until he or she actually appears in court.

Other explanations to be given during the application interview are listed below.

The County Office will explain the availability of Family Planning services offered through the local Health Department or local physician and provide the applicant with the Family Planning Pamphlet, PUB-096. At least the first two sections of the pamphlet should be reviewed with the applicant so that the client has a clear understanding of the importance of family planning. The applicant will be encouraged to read the Family Planning Pamphlet to find out what services are offered and how to obtain them. It should be explained that these services are also available to teenagers living in the home and that if the family is receiving Medicaid, it will cover the costs.

The County Office will explain that the applicant may request a hearing if his application is denied or is not acted upon with reasonable promptness. In addition, if approved for benefits, it will be explained that he or she will have the right to request a hearing if the assistance payment is reduced, discontinued, or terminated. Refer to TEA 8000 for more detailed information concerning Administrative Hearings.

If the applicant indicated on the application form that he or she would like to register to vote, the applicant will be offered a Voter Registration Application. Refer to Appendix V for Voter Registration policy and procedures.

The County Office will explain the availability of extended support services, which include Medicaid and child care assistance when a case is closed due to employment. (See TEA 5000 for detailed information regarding those services.).

Notwithstanding the fact that the job market itself ultimately determines whether an individual is truly job ready, it is important to recognize that almost everyone is capable of finding work sooner or later. Therefore, for purposes of Applicant Job Search, an individual is presumed to be "job ready" and therefore available for immediate job search unless the worker determines that an exception to the presumption is warranted based upon an initial assessment of circumstances. At a minimum, an individual with a recent work history (as defined at the county office level) or a tenth (10th) grade or higher educational attainment level should be given strong consideration for applicant job search. The county office may determine other individuals to be job ready based on an assessment of the individual’s abilities and circumstances.

NOTE: If an individual needs assistance with child care, he or she will not be required to engage in applicant job search. A referral will not be made to the Division of Child Care (DCC). A referral will be made to DCC only when an individual finds employment through applicant job search and child care assistance is needed in order to accept the job (See TEA 2162). Therefore, applicants required to engage in job search must have available child care and transportation of their own or be able to access other child care or transportation services, e.g., Coalition. If transportation and child care is not available, the job search requirement will be delayed until after the TEA application is approved and supportive services can be provided.

At the initial interview, form DCO-1402, TEA Skills, Employability, & Intake Assessment Background Information, will be reviewed with the applicant and second adult, if appropriate, to determine if immediate job search should be required. The purpose of applicant job search should be emphasized with the applicant so that it is clear that the intent is not simply to have the applicant "engaged in an activity" but that there is the expectation that he or she will find a job and not need on-going cash assistance.

Applicants who meet the job search requirements will be informed that failure to seek employment without good cause will be considered as non-compliance with work requirements. If the applicant fails to comply without good cause and is otherwise eligible, the application may be approved with the sanction applied. Refer to TEA 3500.

If required to engage in job search, the applicant must make a number of job contacts, as determined by the County Office, within ten days from the date of the application interview. If all other eligibility requirements are met, the application will be held pending until the job search requirement is met, or the applicant finds a job, whichever occurs first. Failure to meet this requirement without good cause (e.g., adult or child illness, etc.) will result in the TEA application being approved with the sanction for non-compliance being applied. Refer to TEA 3500 for other examples of good cause.

The County Office will determine the number and type of job contacts the applicant will be required to make. The County Office will develop guidelines to follow when making this determination (e.g., employment opportunities within that county or surrounding counties). NOTE: It is important to set up a process whereby it is clear to the applicant that the job search activity is taken seriously and to avoid merely setting up a paperwork requirement that does not result in finding work.

A job search applicant may also be referred for job placement if such placements are available in the county.

If the applicant finds a job and needs child care assistance to accept the job, a referral will be made to the Division of Child Care. The child care application will be marked "diverted TEA" prior to submitting to DCC. The applicant must be working a minimum of at least 32 hours per week before DCC will give priority processing of the application. Otherwise, the child care application will be processed in the order of receipt.

The applicant will complete form DCO-1429, TEA Applicant Job Search, listing the job contacts made, date of contact, type of contact, and outcome of the contact. The applicant will provide this information to the county office by the date specified.

If the applicant finds a job and chooses to continue with the application process, the earned income will be considered as for any other applicant. The worker should discuss possible alternatives to on-going cash assistance at this point, though. For example, now that the applicant has a job, he or she may only need Medicaid coverage or child care assistance. Diversion assistance could also be considered.