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TEA Policy - 2300 Section
TEA Manual 07/01/1997 2300 Income Eligibility and Payment Determination

The family must be economically needy which means, in part, that the family’s countable income is below the Income Eligibility Standard established by the state.

If income and all other requirements are met, then the monthly cash assistance payment is determined. This is based on the family size and the family’s gross income.

The following sections describe how to determine what income is countable and how to calculate it, the Income Eligibility Standard, and how to determine the payment amount.

TEA Manual 07/01/1997 2310 Persons Whose Income Must be Determined and Verified
The income of all persons included in the assistance unit must be determined. This includes all adults, children, and minor parents. In addition, the income of a non-SSI parent or step-parent living in the home is always considered in determining the children/step-children’s eligibility even if such parent or step-parent is not included in the unit as an eligible member.

All income which is considered in determining eligibility for TEA benefits will be verified. Unless considered questionable, income which is disregarded need not be verified.

TEA Manual 3/1/00

07/01/1997

2320 Potentially Eligible for Other Income Benefits

If any member of the family appears to be potentially eligible for any other benefit which would provide additional income to the family (e.g. Unemployment, SSI, etc.), the applicant will be required to apply for such benefit and provide verification of the application.

Any adult who states he or she is unable to engage in employment or other work activities due to an alleged long-term disability (a disabling condition with an expected duration of 6 months or longer) is required to apply for Social Security or Supplemental Security Income (SSI) disability benefits. (See TEA 2430 regarding work activity deferrals pending a Social Security or SSI disability decision.)

Once it is verified that application for the benefit has been made, then TEA benefits will not be denied or delayed pending a decision on the application. The case should be added to the Worker Alert file or other county control system to check on the status of the application.

The worker should be alert to the potential eligibility of a child to Social Security benefits from a deceased parent or a disabled non-custodial parent.

Verification of Unemployment Insurance (UI) benefit applications may be obtained by inquiring to the WESD screen.

TEA Manual 07/01/1997

06/04/2004

2330 Unearned Income

Unearned income is generally money paid to or on behalf of an individual which does not represent any type of payment for work or services rendered by an individual.

Except for that specifically disregarded in TEA 2331, unearned income received by a TEA family member is considered in determining the family’s eligibility and payment amount.

The following are possible sources of countable unearned income:

  1. Pensions, annuities, insurance benefits, Social Security, Railroad Retirement, Veterans’ Benefits, military allotments, Teachers’ Retirement, State Retirement, and Worker’s Compensation.
  2. Payments received for the rental of rooms, dwelling units, buildings, or land. Taxes, any interest paid on the property’s loan principal, and the expense of upkeep may be deducted.
  3. Interest, dividends, and income from capital investments.
  4. Payments from estates, trust funds, or other personal property which cannot be converted into cash because of legal provisions.
  5. Child support payments. NOTE: Child support payments are counted only for purposes of income eligibility. They are not counted for purposes of determining the payment amount.
  6. That portion of the income of an alien's sponsor that must be deemed available to the alien. (See TEA 2330.1-2330.2).

2330.1    Income of an Alien's Sponsor

 

Section 212(a)(4)(C) of the Immigration and Naturalization Act (INA) requires that an alien who enters the United States seeking permanent residence under one of the criteria listed below must have a sponsor. A sponsor is defined as any person who executed an affidavit of support (INS Form I-864) on behalf of an alien as a condition of the alien's entry into the United States.

 

A sponsored alien may be:

an immediate relative, admitted under INA, section 201(b)(2)(A)(i ), of a U.S. citizen or a lawfully admitted as a permanent resident alien.  An immediate relative is defined as a spouse, a child under 21, parent of a sponsor who is at least age 21; or

a family based preference alien, admitted under INA section 203(a), who is a married or unmarried adult son or daughter or a sibling of an adult U.S. citizen or lawfully admitted alien for permanent resident, or the spouse and unmarried minor and adult children of the principal sponsored alien under INA 203(d); or

an employment based preference alien admitted under section INA 203(b) who is a relative of an individual who owns at least 5 % of the petitioning entity.

 

When an individual has sponsored an alien, then a portion of the sponsor's income must be deemed available to the alien until the alien:

becomes a U.S. citizen; or

has worked, or can be credited with, 40 qualifying quarters of work (excluding any quarter after December 31, 1997 in which the alien received Food Stamps, Medicaid, TANF or SSI).; or

departs the U.S. permanently or dies.

 

 

2330.2            Computing Deemed Income of an Alien’s Sponsor

To determine the amount of the sponsor, or his or her spouse's, income that will be deemed to the alien, the Case Manager will:

  • Determine the sponsor's gross monthly earned income and deduct 20%, up to $175, of the gross.

 

  • Add any unearned income to the gross earned after the 20% deduction.

 

 

  • Deduct the 100% standard of the Federal Poverty Level for the same family size as the sponsor and those persons living in the same household whom the sponsor claims as dependents for federal income tax purposes and who are not included in the TEA assistance unit. (Refer to Medical Services (MS) Manual, Appendix F for a current Federal Poverty Level Chart)

 

  • Deduct any amounts actually paid by the sponsor to persons not living in the same household who are claimed by the sponsors as dependents for federal income tax purposes.

 

  • Deduct any alimony or child support payments paid to persons not living in the same household.

 

The amount remaining after all allowable deductions will be included as unearned income in the alien’s TEA budget.

When an individual is the sponsor of two or more aliens, the amount of deemed income will be divided equally among the sponsored aliens.   Any income deemed to a sponsored alien will not be considered in determining the need of other non-sponsored members of the alien's family except to the extent the income is actually available.


TEA Manual 12/01/1997 2331 Unearned Income to Disregard

The following types of unearned income are not counted in determining a family’s TEA eligibility or payment amount:

  1. Supplemental Security Income (SSI) benefits and other income of SSI recipients/eligibles. This includes individuals who do not receive an SSI payment due to an increase in income that exceeds the SSI benefit level but are receiving Medicaid in an SSI category. These individuals are:
  1. Disabled Widows or Widowers who would be eligible for SSI if the 1984 Reduction Factor Increase and any subsequent COLAS were disregarded (MS 2045). (Categories 11, 31, and 41)
  2. Disabled Widows or Widowers over age 60 (MS 2046). (Categories 31 and 41)
  3. Lynch Rank Eligibles (MS 2030). (Categories 11, 31, or 41)
  4. Disabled Widows, Widowers, and Disabled Surviving Divorced Spouses (MS 2050). (Categories 31 or 41)
  5. Disabled Adult Children (MS 2050). (Categories 31 or 41).
  1. Educational assistance/awards. This includes student loans, grants, scholarships, incentives, work study, etc. Such assistance may be from a governmental entity (federal, state, or local) or from private agencies or organizations.
  2. Incentives, reimbursements, or any other payment made from TEA funds resulting from participation in work activities.
  3. Assistance from other agencies and organizations which is based, in whole or in part, on financial need. Such assistance includes, but is not limited to: subsidized HUD housing, including utility allowances; payments for rehabilitative services or training, including sheltered workshop payments; Home Energy Assistance Program (HEAP) payments; and cash payments from churches or other charitable organizations for rent, food, or other basic needs.
  4. Bona fide loans from any source (e.g. bank, any other establishment engaged in the business of making loans, or an individual).

A loan is considered bona fide if it meets any of the following conditions:

  1. There is a written agreement to repay the money within a specified time, or it was obtained from an individual or establishment engaged in the business of making loans; or
  2. The borrower acknowledges the obligation to repay (with or without interest); or
  3. The borrower expresses intent to repay either by pledging real or personal property or anticipated income. It is not necessary that the loan be secured solely by specific items of collateral such as real or personal property. It is only necessary that the borrower express the intent to repay the loan when funds become available in the future and indicate that repayment of the loan will begin when future anticipated income is received.
  1. Any cash contribution from a friend or relative.
  2. Lump sum payments. This includes insurance settlements, a single payment intended to cover a period of time (such as a Social Security lump sum), and other one-time payments which exceed the Income Eligibility Standard. (Such payments are considered as resources in the month of receipt.)
  3. Earned Income Tax Credits (EITC) and other tax refunds.
  4. Inconsequential income. This is defined as income which is less than $5 per month. It may be received on a regular or irregular basis and may be from any source. An example of such income would be interest income paid on a small savings account which amounts to less than $5 per month.
  5. Irregular income. This is income that is not received on a regular basis and is usually not predictable. Such income may be of any amount and may be from any source. An example of such income would be a cash gift given to a family member for a birthday or other special occasion.
  6. Emergency or disaster assistance payments made by any federal, state, or local agency or entity.
  7. Payments made directly to landlords and other vendors on behalf of the family.
  8. Federal or state foster care board payments.
  9. Any type of income which must be disregarded according to federal or state statute. See the Note below.
  10. When the unit consists of a minor parent and his or her child, the income of the minor parent’s parent(s) or stepparent.
  11. The income of the spouse of a non-parent relative who is included in the TEA cash assistance unit.

NOTE: At any time there is a question as to whether a particular payment may be disregarded under Item #14 above, the pertinent documents concerning the payment should be submitted to the Office of Program Planning and Development, Slot 1220 for a determination. This information should include the specific federal or state statute under which it is believed the disregarded treatment is required.

TEA Manual 12/01/1997 2332 Verification of Unearned Income

Verification will normally be by documentary evidence obtained from the source of the income or through computer matches, or inquiry to system screens, with the agency providing the income, e.g., WESD screen for Unemployment Insurance (UI) benefits. For unearned income which is disregarded, the worker may, at his/her discretion, verify the income to ensure that it is properly disregarded.

TEA Manual 12/01/1997 2333 Computation of Monthly Unearned Income

If unearned income is received more frequently than once per month, then the monthly amount will be computed as follows:

  • If received weekly, the weekly amount will be multiplied by 4.334 for the monthly amount.
  • If received bi-weekly, the bi-weekly amount will be multiplied by 2.167.
  • If received semi-monthly, the semi-monthly amount will be multiplied by 2.

If the amount of unearned income fluctuates from month to month, then an average of the past two months will be computed.

TEA Manual 12/01/1997 2340 Earned Income

Earned income includes wages, salaries, tips, commissions, and any other payment resulting from labor or personal service. Generally, if the person is working as an employee, FICA taxes are withheld from earned income. Earned income also includes income from self-employment.

Most earned income is considered in determining a family’s TEA eligibility. However, in certain situations that are specified in the following section, earnings are not counted.

TEA Manual 3/15/00

12/01/1997

2341 Earned Income to be Disregarded

Earned income received in the following situations is not counted in determining the family’s TEA eligibility:

  1. Earnings received by a family member in an On-the-Job Training (OJT) placement.
  2. Earnings received by a family member in a Subsidized Employment placement.

NOTE: OJT and Subsidized Employment wages are not counted for income eligibility in relation to the Income Eligibility Standard. However, such earnings are considered for purposes of determining whether the payment will be the full amount or the 50% amount. (See TEA 2360.)

  1. Earnings from any source received by a non-head of household minor parent or a child member of the family.
  2. In-kind earned income.
  3. When the unit consists of a minor parent and his or her child, the income of the minor parent’s parent(s) and stepparent.
  4. College Work Study earnings.
  5. The income of the spouse of a non-parent relative who is included in the TEA cash assistance unit.
  6. That portion of earned income from self-employment which is deposited into a Micro-enterprise escrow account.
TEA Manual 07/01/1997 2342 Verification of Earned Income

Verification of earnings from employment may be by any one, or a combination, of the following:

  • check stubs
  • pay slips
  • collateral contact with the employer.

Sufficient verification should be obtained so that the actual income of the employee can be determined. The worker should not automatically assume that one check stub accurately reflects earnings for an entire month. The latest two months’ verification should be required so that an average monthly earnings amount can be determined. For cases in which the individual has recently started employment and two months’ verification is not available, the income should be computed from the best information available.

Verification of earnings from self-employment may be by any one, or a combination of, the following:

  • Federal Income Tax Return
  • purchase, sales, and account books
  • any other source which establishes the source and amount of income.

As soon as an individual is known to be engaged in a farming, business, or other self-employment enterprise, he should be advised of the necessity of keeping accurate records so that his income can be determined.

TEA Manual 07/01/1997 2343 Computation of Monthly Gross Earned Income - Employee

The gross earned income amount which will be used to determine eligibility is an estimate of the amount which the individual can reasonably be expected to have available in the next month(s).

The estimate of monthly earnings is usually based on the assumption that the earnings received in the most recent months are reflective of the earnings which will be received in the current and following months. In most situations, the estimate will be an average of the latest two months’ gross earnings. However, in some situations, such as when the client has just started employment or has had a change in pay rate or hours, this assumption will not hold true. Therefore, the estimate of monthly earnings must be based on the latest information which is available at the time the earnings are being computed.

Gross monthly earnings will be computed as follows:

Determine the average gross pay per pay period. Any advance EIC payments paid to the employee with his regular earnings are excluded.

  • If earnings are paid weekly, multiply the weekly gross by 4.334 for the monthly amount.
  • If paid bi-weekly, multiply the bi-weekly amount by 2.167.
  • If paid semi-monthly, multiply the semi-monthly amount by 2.

In some situations, the average pay per pay period cannot be determined based on the latest two months’ earnings because the client has not yet worked a full two months, or a change has occurred within the past two months which has affected current earnings. In these situations, another method which will give a more accurate reflection of the client’s earnings should be used to obtain an average pay per pay period. The following examples describe methods which could be used in some typical situations. The actual method used, however, is at the discretion of the worker.

Employment Started Within Past Two Months

EXAMPLE #1: Ms. Smith reports on May 22 that she started working on May 14. She received one paycheck on May 18 for three days of work. The checkstub shows she worked 15 hours at $5.15/hour. An employer’s statement is obtained which shows she is expected to work 25 hours per week at $5.15/hour and will be paid weekly. Her monthly gross earnings are computed based on the employer’s statement, as follows: $5.15 (hourly wage) X 25 (number of hours expected to work per week) = $128.75/week X 4.334 = $558.00.

EXAMPLE #2: Ms. Jones has received five paychecks since she started working part-time on May 31. She provides all five checkstubs. The stub for her first check, which was for the pay period ending June 1, shows earnings for eight hours at $5.15/hour. Since this first check was for only two days of work (4 hours/day), it will be excluded when determining the weekly average, The other four checkstubs are averaged to arrive at a weekly pay period average of $104 X 4.334 = $450.74 monthly gross.

Change Occurred Within Past Two Months

For purposes of this section, a "change" in the earnings amount does not include changes due to normal fluctuations in the number of hours worked or amount paid, or short-term temporary changes such as working an extra shift one week because another employee was sick. It does include changes in hourly wage, moving from part-time to full-time status or vice versa, obtaining or losing a second job, etc.

EXAMPLE #3: Ms. Doe received a raise from $5.15/hour to $5.25/hour on her March 16 paycheck. She continues to work the same number of hours. She is paid bi-weekly so the last four consecutive check stubs are used to determine an average number of hours worked per pay period. Her monthly gross earnings are then computed as follows: $5.25 (new hourly wage) X 30 (average number of hours) = $157.50 (bi-weekly earnings) X 2.167 = $341.30.

EXAMPLE #4: Ms. Wilson had been working on an "as needed" basis and had been averaging 10 hours/week. On April 24, she was put on regular employee status and her employer expects her to work about 30 hours/week. Her hourly wage remains the same at $5.50/hour. Her gross monthly earnings are computed as follows: $5.50 (hourly wage) X 30 (new number of hours expected to work) = $165 (weekly earnings) X 4.334 = $715.11.

EXAMPLE #5: Ms. Jones has been working part-time for one employer for several years, In July, she begins another part-time job in addition to the first job. An average of her last eight consecutive paychecks from the first job is determined and multiplied by 4.334 for monthly gross earnings of $325.05. A statement form the second employer is obtained which shows Ms. Jones is expected to work 15 hours per week at $5.15/hour. Based on this information, her monthly gross earnings from the second job are computed to $334.80. The monthly earnings from the two jobs are then added together for a total monthly gross earnings of $659.85.

As stated earlier in this section, the worker should use a method which gives the most accurate reflection of earnings and should document the case record as to why the method was selected.

The earnings computation will be documented in the case record.

TEA Manual 3/15/00

07/01/1997

2344 Computation of Earnings from Self-Employment

Like employee earnings, the monthly amount of self-employment earnings which must be considered is the agency’s best estimate of earned income which will be available to the individual in a month or months. Costs directly related to producing the income are subtracted from the self-employment gross. Only those costs without which the income could not be produced will be subtracted. Such costs do not include depreciation, personal business and entertainment expenses, personal transportation, purchase of capital equipment and payments on the principal of loans for capital assets or durable goods.

Also, income deposited in a Micro-enterprise escrow account will be deducted from the self-employment income prior to computing monthly gross earnings.

For room and board income, a standard $120 per roomer/boarder will be subtracted as the cost related to producing the income.

Self-employment earnings are usually not as predictable as employee earnings and are often received less frequently than monthly. Therefore, in most situations, a time period longer than two months should be used to determine average monthly self-employment earnings.

Income Received Less Frequently Than Monthly (Quarterly, Annually, Etc.)

Income of this type may include farming (including soil bank and related diversion payments), cattle ranching, business, or any other type of self-employment enterprise in which the income resulting from work performed over a period of time is received at one time rather than during the period in which the work is being performed.

The first step in computing monthly gross earnings in these situations is to calculate the gross annual income for the previous calendar year. If available, the individual’s Federal Income Tax Return may be used to determine the annual income and the amount of costs related to producing the income. The annual allowable costs are subtracted from the gross annual income. The remainder is then divided by 12 to arrive at an average monthly amount. This figure is treated gross earned income.

EXAMPLE: After expenses, Ms. Smith earns $1200 annually from farming. This amount prorated over 12 months equals $100/month. Therefore, $100 gross earnings would be considered for TEA purposes.

If the previous year’s income is not a fair reflection of the current year’s income, the worker may determine, by averaging recent months or other means, an amount which will fairly reflect the current year’s income. The case record should be documented to clearly reflect the manner in which the income was determined and the basis for considering it a fair reflection of the current year’s income.

Income Received Monthly or More Frequently (Weekly, Daily, Etc.)

Income of this type may include room and board payments, baby-sitting, sales from Avon, Tupperware, etc., or any other type of self-employment in which the income is received at least monthly as the work is performed.

The first step in computing monthly gross income in these situations is to determine an average monthly gross based on the latest two month’s income. Verification of the latest two months’ gross income and costs related to producing the income should be obtained. After allowable self-employment costs are subtracted from the monthly gross, an average of the latest two months will be determined to arrive at the monthly gross earnings which will be used to determine income eligibility.

NOTE: A standard $120 per roomer/boarder will be subtracted as the allowable costs for producing room and board income.

EXAMPLE: Ms. Woods sells Tupperware products and provides copies of her last two months’ order invoices. These show her total sales and the items she had to purchase such as hostess gifts, receipt books, etc. For each month, her total gross income from sales less the costs related to producing the income is determined. These amounts are then averaged to arrive at a monthly gross earnings amount of $250.

If the latest two months’ income is not a fair reflection of the individual’s current income, then another method to determine the average monthly income may be used (e.g., an average of more than two months’ income). The case record should be documented to clearly reflect the manner in which the income was determined and the basis for considering it a fair reflection of current income.

The self-employment income computation will be documented in the case record.

TEA Manual 01/04/1999 2350 Income Eligibility Determination

Once the family’s countable monthly gross income is computed, then their income eligibility can be determined.

TEA Manual 01/04/1999 2351 Income Eligibility Standard
The Income Eligibility Standard is 25% of the amount a full-time worker would earn at the September 1997 minimum wage of $5.15 per hour. It is the same amount for all family sizes and is used to determine both initial and on-going income eligibility. Countable unearned income plus net earned income (gross minus certain deductions specified in TEA 2352) is compared to the Income Eligibility Standard. If the total countable income exceeds the Standard, the family is ineligible for TEA benefits.

The Income Eligibility Standard is $223 per month.

TEA Manual 01/04/1999 2352 Earned Income Deductions for Income Eligibility

Before the monthly income is compared to the Income Eligibility Standard, certain deductions are allowed from the monthly gross earnings. These deductions are:

  1. Work-Related Deduction (20%) - This deduction is to account for withholding taxes and other mandatory work-related withholdings from gross earnings. Applicants receive only this deduction.
  2. Work Incentive Deduction - Recipients who start or continue work while receiving TEA benefits receive both the 20% work-related deduction and this 60% incentive deduction. The purpose of the incentive deduction is to encourage recipients to find employment or to increase their earnings while receiving assistance.
TEA Manual 01/04/1999 2353 Determining Income Eligibility

To determine the family’s income eligibility, an Income Eligibility budget is computed. The worker may complete a DCO-7, Budget Sheet, to show the budget or use only the DCO-56.

The following sections outline the Income Eligibility Budget for applicant families and for recipient families.

TEA Manual 01/04/1999 2353.1 Applicant Income Eligibility Budget
  1. Compute the family’s countable unearned income.
  2. Compute the family’s monthly countable gross earned income.
  3. From the monthly gross earnings, deduct 20% of the gross amount to arrive at the monthly net earnings. (May multiply the gross earnings by 80%.)
  4. Add the net earnings to the unearned income to arrive at the monthly countable income.
  5. Compare the total monthly countable income to the Income Eligibility Standard of $223.
  6. If the income is equal to or less than $223.00, then the family meets the income requirement and the eligibility and payment determination will continue. (See TEA 2360.)
  7. If the income is over $223.00, then the family is ineligible and the application will be denied.

EXAMPLE #1: Ms. Jones has one child and their only income is a $100 per week Unemployment Insurance benefit. Their monthly countable income is computed to be $433.33. This exceeds the Income Eligibility Standard of $223 so the application is denied due to income.

EXAMPLE #2: Mr. and Mrs. Miller have two children and no unearned income. Mr. Miller is currently employed for only a few hours per week at $5.15/hour. His gross monthly earnings are computed to be $275. When the 20% work-related deduction is applied to the gross earnings, it results in net countable earnings of $220. Since this is below the $223 standard, the family is income eligible.

For applicant families who are income eligible, the earned income deductions available to recipients should be explained so that the adult is aware that assistance will not automatically be terminated if he or she finds a job or increases his or her earnings.

TEA Manual 01/04/1999 2353.2 Recipient Income Eligibility Budget
  1. Compute the family’s countable unearned income.
  2. Compute the family’s monthly countable gross earned income.
  3. From the monthly gross earnings, deduct 20% of the gross amount (May be computed by multiplying the gross earnings by 80%.)
  4. From the amount arrived at in Step 3, deduct 60% to arrive at the net countable earnings.
  5. Add the net earnings to the unearned income to arrive at the monthly countable income.
  6. Compare the total monthly countable income to the Income Eligibility Standard of $223.
  7. If the income is equal to or less than $223.00, then the family continues to meet the income requirement and the payment will be determined. (See TEA 2360.)
  8. If the income is over $223.00, then the family is no longer eligible.

EXAMPLE #1: Ms. Adams who is receiving benefits for herself and two children has started working at a local plant. She works 40 hours a week at $6.00 per hour. Her gross monthly earnings are $1040. Her income eligibility budget is computed as follows: $1040 x 80% = $832 - $499.20 (60% of $832.00) = $332.80. Since the net countable income of $332.80 exceeds the Income Eligibility Standard of $223, the family is no longer income eligible.

EXAMPLE #2: Mr. Turner has started working part-time and his monthly gross earnings are computed to be $325. The Income Eligibility budget is as follows: $325 (gross earnings) x 80% = $260 - $156.00 (60% of $260.00) = $104.00 which is less than the $223 standard. The family remains income eligible.

TEA Manual 01/04/1999 2360 Payment Determination

Once all eligibility requirements have been established, including income eligibility, then the family’s monthly payment amount is determined.

The payment amounts are based on nine payment levels according to family size. The maximum payment a family may receive is the payment level for the particular family size.

All eligible TEA family members (as defined in TEA 2201) will be included in the family size for payment except a child who is not eligible for payment due to the family cap provision. (See the Discussion regarding the family cap below.)

TEA Manual 01/04/1999 2361 Maximum Payment Levels

The payment levels by family size are as follows:

Family Size Maximum Amount
1 $ 81
2 $162
3 $204
4 $247
5 $286
6 $331
7 $373
8 $415
9 or more $457

FAMILY CAP: The family cap provision prohibits payment to a child who is born while the mother is receiving TEA benefits, either for other children or as a minor child herself.

NOTE A: The family cap provision does not affect the child’s potential Medicaid or Food Stamp eligibility.

NOTE B: A child who was previously excluded for payment due to the family cap provision but the family’s case has been closed continuously for at least six (6) months may be included for payment upon reapplication.

NOTE C: A child who was excluded for payment under the AFDC family cap waiver as of July 1, 1997 will continue to be excluded for payment under TEA unless the case is closed continuously for six (6) months. In addition, a child who was excluded under the AFDC waiver but whose mother’s AFDC case had been closed for less than six months prior to July 1997 will be ineligible for payment if a TEA application is submitted and approved within the six (6) month period following the AFDC closure.

TEA Manual 01/04/1999 2362 Reduced Payment - Gross Income Trigger
The payment amount for the family size will be reduced by 50% when the family’s countable monthly gross income, excluding assigned child support payments, is equal to or more than $446. If the reduction does not result in a whole dollar amount, then it will be rounded down if the remaining cents are $ .49 or less, and up if $ .50 or more.

EXAMPLE #1: Mr. and Mrs. Smith have two children. Mr. Smith is disabled and receives both Social Security and SSI disability benefits. Mrs. Smith and the two children receive a total of $150/month SSA benefits. Since Mr. Smith is a SSI recipient, he is excluded from the family size for payment and his income is not considered. Only Mrs. Smith and the two children are included. They are income eligible, based on the $223 standard, so their payment is determined as follows. The monthly gross income of $150 is less than $446 so their payment is the maximum grant for a family size of three (3) or $204.

EXAMPLE #2: Ms. Brown has received TEA benefits for one month for herself and one child. She has now found a job and is expected to earn $500 gross per month. After allowing the recipient earned income deductions (20% of the gross and then 60%), she is income eligible based on the $223 income standard. The payment is then determined as follows: Gross countable income ($500) exceeds $446 so the Browns’ payment is 50% of the maximum for a two-person family, or $81.

The payment determination showing the number of persons included in the grant, the family’s gross income, and the grant amount will be documented in the case record. Either Form DCO-7, Budget Sheet or Form DCO-56, ACES Data Sheet, may be used to document the payment amount.

When a family’s payment amount reduces to the 50% amount, the worker should discuss possible alternatives to continuing to receive cash assistance with the casehead. It should be explained that even though the payment has been reduced, the time limit count is continuing. Therefore, it may benefit the family in the long-term to terminate cash assistance while the family’s gross income is at the $446 or above level rather than continue to receive the reduced TEA payment. It must be emphasized that the decision to close the cash assistance at this time is strictly the client’s and he or she should not be made to believe that the cash assistance case must be closed.

TEA Manual 08/01/1999 2400 Work Activity Participation
All able-bodied adult family members are required to work or participate in work activities which are designed to lead to employment. In addition, all minor parents, including a minor parent whose child is excluded for payment due to the family cap provision, are required to participate in educational activities as their work participation requirement. There are limited exceptions to this. (See TEA 2430.)

TEA employment services are available to all adult family members.

NOTE: A non-parent adult caretaker who has chosen to not be included as an eligible member is not required to participate in work activities.

TEA Manual 08/01/1999 2410 Compliance with Applicant Job Search

If any adult in the family was required to engage in job search activities while the application was being processed, Form DCO-1429 documenting the required number of job contacts will be required. If the form has not been provided by the date the applicant was advised to provide it, then the application, provided all other eligibility requirements are met, may be approved with the non-compliance sanction (25% reduction in payment) applied. (NOTE: The applicant will be given the opportunity to establish good cause for failure to submit the DCO-1429 prior to imposing the non-compliance sanction. See TEA 3500.)

If the applicant reports he or she has found a job, then the job contact form is not required. The worker should discuss possible alternatives to on-going cash assistance with the applicant at this point. For example, now that the applicant has a job, the family may need only Medicaid or child care assistance. However, if the applicant chooses to continue with the cash assistance application, then the earned income will be considered as for any other applicant and included to determine the family’s income eligibility.

TEA Manual 08/01/1999 2420 Determining the First Work Activity

Once all eligibility factors have been established, the first work activity will be determined and the participant will be notified of the required activity when the application is certified.

If an Employability Assessment was not done during the application process, then the first activity should be an assessment and development of the Employment Plan (See TEA 3100). In two-parent families, the parents should be scheduled for a joint assessment, if at all possible.

For those applicants who have been engaged in up-front job search, pending application approval, job search activities may be continued if appropriate. In that case, the participant will be notified of his/her continued job search requirements.

The participant will be notified in writing of the required activity when the application is certified. It is important that participation in work activities begins as soon as possible following certification since the customer’s time limit has now started.

TEA Manual 3/1/00

08/01/1999

2430 Work Participation Exemptions/Deferrals

If an individual states he or she is unable to engage in work activities, then discuss this with the participant to ascertain the reasons why the individual believes he or she is unable to participate.

If an individual is exempt or deferred from work participation requirements:

  • The exemption or deferral will be granted as soon as it is established but no later than 30 days from the date it is claimed.
  • The time limit will not count in the months he or she is exempt/deferred; and
  • The appropriate exempt/deferral code must be keyed to ACES so that the exempt/deferral month is not counted. (Refer to the DCO User’s Manual for codes,)
  • The caseworker will advise the individual that the deferred/exempt months do not count towards the 24-month time limit.
Work Participation Exemptions

The only persons who may be considered exempt, and therefore are not required to participate in work activities while exempt, are parents who are caring for a child:

  1. Under three (3) months of age; or
  2. Between three (3) and twelve (12) months of age if child care for such child is not available, as determined by the County Office.

A parent may be exempted for the above reason for a maximum of twelve (12) months in his or her lifetime.

 

Work Participation Deferrals

An individual will be temporarily deferred from participation any time he or she meets the criteria for one of the deferral situations listed below.  White in deferred status, the individual may participate in a work activity or another appropriate activity if he or she voluntarily chooses to do so.  Supportive services will be provided for the deferred individual who chooses to participate in a work activity.

  1. A disabled parent or caregiver. Note: If a person alleges a long-term disability, he or she is required to apply for Social Security or SSI disability benefits. (See TEA 2320) A referral will also be made to Arkansas Rehabilitation Services. The referral will be made after the application for cash assistance has been approved. (See TEA 3700-3740)
  2. A woman is in the third trimester of pregnancy.
  3. A parent or caregiver who is caring for a disabled child relative or disabled adult relative who is living in the home. Note: If the family member will require care for an extended period of time, explore other resources or available services (e.g. a home health aide) which would enable the customer to participate.
  4. Supportive services necessary to engage in an activity are not available (e.g. child care, transportation). The County Office will make the determination as to whether a particular supportive service is necessary for participation.
  5. The person is unable to participate in work activities due directly to the effects of domestic violence.
  6. The person is unable to participate due to circumstances beyond his or her control. This decision will be made at the county office level.
  7. In two-parent families, one parent may be deferred from participation to care for the minor child(ren), when appropriate.
  8. A parent or caregiver over sixty (60) years of age.

NOTE: Any month an individual is deferred or exempt from work participation activities will not count toward the state's 24 month time limit.  Also, there is no limit on the length or the number of deferrals an individual can receive, provided requirements are met.  Therefore, an exempt/deferred individual automatically receives a month-for-month extension to the 24 month time limit for each deferred/exempt month.

A review of the deferral will be made at least every six (6) months.

If an otherwise required participant meets one of the deferral reasons, verify, to the extent possible, the reason for deferral and document the case record accordingly.

For short-term medical deferrals (illness or incapacity to last no more than 6 months);

  • a doctor’s statement or other medical documentation should be obtained.
  • the statement should clearly state or otherwise indicate that the person is unable to engage in work activities because of the medical condition; and,
  • whenever possible, give an estimated length of incapacity.

NOTE:  A client who is deferred for a short-term disability and subsequently provides additional medical statement(s) advising that the illness or incapacity will last longer than the initial six months, will be referred to Arkansas Rehabilitation Services for an assessment.

If the individual alleges a long-term disability (disabling condition expected to last 6 months or more):

  • a referral will be made to Arkansas Rehabilitation Services for an assessment.
  • If otherwise eligible, the application will be certified and the individual may be deferred pending the ARS assessment. (See TEA 3700)
  • The individual will also be required to apply for SSA/SSI disability benefits.

NOTE: A medical statement will not suffice as documentation for continued deferral following the ARS assessment. Only the ARS assessment will be accepted for deferral purposes for long-term disabilities.

TEA Manual 08/01/1999 2430.1 Discontinuance of the Time Limit During Exemption/Deferral Period

Any month an individual is deferred or exempt from work participation activities will nto count toward the state's 24 month time limit.  The county office must ensure that the appropriate exemption or deferral code is used when keying the work activity status.

Note:  The deferred and exempt months will count toward the 5 year federal time limit.

The Case Manager should determine if there is any activity in which the client could participate.  For example, if the reason for deferral is caring for an incapacitated family member, activities that can be done at home, such as GED on TV, should be considered.  The client may voluntarily choose to be engaged in some activity which could help her obtain employment before she reaches her federal time limit, or better her chances for employment when TEA benefits are no longer available to the family.  Because the individual is deferred, the months will not count towards the state time limit even if the client does engage in some activity.  The deferred client will not be sanctioned if he or she fails to satisfactorily participate in the activity.

 

TEA Manual
11/22/02
2430.2  Correcting the Time Limit count on TEPC due to Deferrals

If a client met a deferral reason but was coded mandatory or was in deferred status but should have been in mandatory status, the TEPC count should be corrected.  When a deferral or exemption is granted, the Case Manager will determine if the count on screen TEPC is correct.  To correct the count, a screen print of the TEPC screen with the needed correction noted and signed by the ES Supervisor will be sent to the Office of Program Planning and Development, ACES System Unit, Slot S333.  The Case Manager will notify the client of the correct number of months in the time limit count.

 

TEA Manual 07/01/1999 2500 Application Disposal

A TEA application will be disposed of by either approval, denial, or transferring the application to another county. The following sections describe the procedures for each process.

TEA Manual 07/01/1999 2510 Application Approval/Certification
A TEA application will be approved, or certified, only after all eligibility requirements have been established.

In addition to documentation of all eligibility requirements, including income, resource, and budget computations, the worker will ensure that the case record includes a signed Application for TEA/Medicaid/Food Stamps form.

TEA Manual 3/1/00

07/01/1999

2511 Office of Child Support Enforcement (OCSE) Notifications
Unless a claim of "good cause" has been determined or is pending determination, the OCSE will be notified when TEA assistance is approved for a child who has an absent parent or for whom paternity is not legally established. This notice provides information regarding the child’s non-custodial parent and/or putative father so that the OCSE can start paternity or child support enforcement activities for the family.

The referral to the OCSE is system generated from information keyed by the County Office to the WAPU screen on ACES from Form DCO-115. A referral will be made on the following persons:

  1. The absent parent of any minor child or unmarried minor parent who is not the head of household.  If both parents are absent from the home, a referral will be made on each parent.

NOTE: If the child has a legal father under State law and such father is absent from the home, the referral will be made on the legal father even if the mother states he is not the biological father. In that situation, a memorandum explaining it, with information about the alleged biological father, will be sent to the OCSE.

  1. The putative (alleged) father of a child for whom legal paternity has not been established, including a putative father living in the home with the child. (See TEA 2144)

In single parent adoption situations, there is no OCSE referral to make unless the adoptive single parent is absent from the home.

If "good cause" has been determined to exist, no referral to the OCSE will made on the parent on whom the claim was based. The "good cause" indicator code will be entered on the child’s member record on ACES.

TEA Manual 07/01/1999 2511.1 Good Cause Claim Pending

If a "good cause" claim is pending at the time the application is ready to be approved, the approval will not be delayed. Assistance will be authorized in the amount for which the family is otherwise eligible without regard to the good cause claim (i.e., the adult claiming good cause will be included). No OCSE referral on the parent on whom the claim is based will be made while the good cause claim is pending.

Except in situations in which Domestic Violence is not an immediate issue, the following procedure will be followed to ensure that the claim is resolved in a timely manner following certification:

  1. On the same day the approval notice is sent, notify the casehead that the corroborative evidence and/or information to conduct an investigation must be provided by a specified date (20th day from the date the claim was made).
  2. If the evidence and/or information is not received by the specified date, notify the casehead via DCO-1 that s/he must provide the evidence, or the absent parent information needed for Form DCO-115, within ten (10) days or the cash assistance payment will be reduced by 25% for non-compliance with the Child Support requirements.

For cases involving a more immediate Domestic Violence situation (e.g., family is living in a shelter), the case manager should use discretion in determining time frames for completing the good cause determination.

TEA Manual 07/01/1999 2512 Effective Date of Payment
Payment will begin on the first day of the month in which the application is being certified. The initial payment will not be prorated based on the date of certification. The first payment will be for a full month even if the application is certified on the last day of the month.

For purposes of this section, the "month of certification" means the month in which eligibility is determined to exist. See example below.

EXAMPLE: The worker determines eligibility and completes the application process on August 28. After a second party review, the supervisor concurs with the eligibility determination and it is entered to the ACES system on September 1. The first month of payment will be for August and it will be a full month’s payment.

TEA Manual 07/01/1999 2513 Application Approval - Completion Steps

The following specific steps will be taken to complete a TEA application approval:

  1. Ensure the case record contains sufficient documentation of all eligibility requirements and computations and other pertinent information so that the family’s circumstances and all determinations will be clearly understood by a supervisor or other reviewer.
  2. Complete Form DCO-56, ACES Family Case Data Sheet, to authorize payment and Form DCO-115 if an OCSE referral is to be made and route to appropriate person for entry to the ACES system. If the worker is entering his/her own data to the ACES system, a manually completed DCO-56 is not required. However, the worker will ensure that the system generated DCO-56 turnaround is filed in the case record upon receipt.
  3. Send Form DCO-104, Notice to Absent Parent, if appropriate.
  4. Indicate on the DCO-56, for each child, in the "EPSDT Indicator" field whether a child health screening was requested by the casehead for the child and arrange for a screening appointment if scheduling assistance was also requested. Refer to Medical Services Manual Policy, MS 1121.1 -1121.4 for the periodicity schedule.
  5. Complete Form DHS-3350 for referrals to appropriate agencies for requested services such as Family Planning Services.
  6. Make any other necessary referrals to agencies or organizations to help meet a specific family need such as housing assistance.
  7. If there are any requirements still outstanding, such as a child support "good cause" claim pending or providing verification of school enrollment or immunizations, have the case added to the Worker Alert File or other county office control system to ensure the outstanding issues are resolved in a timely manner.
  8. In situations in which a system generated approval notice is not sent, complete Form DCO-1 to notify the casehead of the approval and grant amount.
  9. Notify the adult(s), and any minor parent in the family, of his/her work participation requirement and the first required work activity no later than the first day the participant information is available on the WISE system.

If the family also applied for Food Stamps and Medicaid and those applications are still pending, the worker will continue processing those applications.

TEA Manual 07/01/1997 2520 Application Denial
An application will be denied when: (1) ineligibility due to a particular eligibility requirement is determined; (2) eligibility cannot be established due to the lack of documentary evidence needed to establish an eligibility requirement; or (3) the applicant requests the application be withdrawn.

When denying an application, the worker will:

  1. Ensure that all pertinent information regarding the reason for denial is documented in the case record so that it will be clearly understood by a supervisor or other reviewer.
  2. If the reason for denial is withdrawal, obtain a written statement from the applicant requesting withdrawal, if possible. If the applicant does not request the withdrawal in writing, then send Form DCO-1 advising the applicant the application will be denied in ten (10) days at his/her request.
  3. Complete Form DHS-3350 to make any referrals for services such as Family Planning requested by the applicant.
  4. Enter the denial data on Form DCO-180 and route to the appropriate person for entry to the ACES system.
  5. If a system generated notice of denial is not sent, complete Form DCO-1, Notice of Action, to advise the applicant of the denial.
TEA Manual 07/01/1997 2521 Transferring an Application to Another County

If an applicant has a pending application and moves out of the county, transfer the application to the county in which the applicant now lives.

TEA Manual 07/01/1997 2521.1 Responsibility of Transferring County

When an applicant moves out of the county in which the application was taken, the initial county will:

  1. Obtain from the applicant his/her new address and county and any other pertinent information regarding the move.
  2. Forward the application, including all forms which have been completed and/or signed by the applicant and any other information which has been obtained regarding the family’s eligibility, to the new county with an explanatory memorandum attached.
  3. Enter denial data on a copy of the DCO-180 indicating the denial reason as "053 - Transferred to Another County" and route it to the appropriate person for keying to the ACES system.
TEA Manual 07/01/1997 2521.2 Responsibility of Receiving County

Upon receipt of a transferred application, the county will:

  1. Add the application to the Application Data Screen (WIMA) to obtain a register number. The original date of application will be keyed.
  2. Arrange for an interview with the applicant to ascertain if any changes have occurred in the family’s situation. The interview may be by telephone or face-to-face. It is not necessary to obtain a new DCO-180 or any other application forms which have already been completed and/or signed by the applicant.
  3. Process the application in the normal manner. Every attempt will be made to process the application within the 30-day time limit from the original date of application.