| TEA Manual 07/01/1997 |
2300 Income Eligibility
and Payment Determination The family must be
economically needy which means, in part, that the familys 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 familys 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-childrens 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 familys eligibility and payment
amount. |
The following are possible sources of countable unearned income:
- Pensions, annuities, insurance benefits, Social Security, Railroad Retirement,
Veterans Benefits, military allotments, Teachers Retirement, State Retirement,
and Workers Compensation.
- Payments received for the rental of rooms, dwelling units, buildings, or land. Taxes,
any interest paid on the propertys loan principal, and the expense of upkeep may be
deducted.
- Interest, dividends, and income from capital investments.
- Payments from estates, trust funds, or other personal property which cannot be converted
into cash because of legal provisions.
- 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.
- 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:
-
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)
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 familys TEA eligibility or payment amount:
- 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:
- 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)
- Disabled Widows or Widowers over age 60 (MS 2046). (Categories 31 and 41)
- Lynch Rank Eligibles (MS 2030). (Categories 11, 31, or 41)
- Disabled Widows, Widowers, and Disabled Surviving Divorced Spouses (MS 2050).
(Categories 31 or 41)
- Disabled Adult Children (MS 2050). (Categories 31 or 41).
- 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.
- Incentives, reimbursements, or any other payment made from TEA funds
resulting from
participation in work activities.
- 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.
- 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:
- 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
- The borrower acknowledges the obligation to repay (with or without interest); or
- 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.
- Any cash contribution from a friend or relative.
- 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.)
- Earned Income Tax Credits (EITC) and other tax refunds.
- 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.
- 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.
- Emergency or disaster assistance payments
made by any federal, state, or local
agency or entity.
- Payments made directly to landlords and other vendors
on behalf of the family.
- Federal or state foster care board payments.
- Any type of income which must be disregarded according to federal or state statute.
See the Note below.
- When the unit consists of a minor parent
and his or her child, the income of the
minor parents parent(s) or stepparent.
- 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 familys 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 familys TEA eligibility:
- Earnings received by a family member in an On-the-Job Training (OJT) placement.
- 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.)
- Earnings from any source received by a non-head of household minor parent or a child
member of the family.
- In-kind earned income.
- When the unit consists of a minor parent and his or her child, the income of the minor
parents parent(s) and stepparent.
- College Work Study earnings.
- The income of the spouse of a non-parent relative who is included in the TEA cash
assistance unit.
- 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
clients 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 employers 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 employers
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 agencys 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 individuals 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 years income is not a fair reflection of the
current years income, the worker may determine, by averaging recent months or other
means, an amount which will fairly reflect the current years 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 years 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 months 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 individuals 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 familys 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:
- 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.
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 familys 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
- Compute the familys countable unearned income.
- Compute the familys monthly countable gross earned income.
- 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%.)
- Add the net earnings to the unearned income to arrive at the monthly countable income.
- Compare the total monthly countable income to the Income Eligibility Standard of $223.
- 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.)
- 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
- Compute the familys countable unearned income.
- Compute the familys monthly countable gross earned income.
- From the monthly gross earnings, deduct 20% of the gross amount (May be computed by
multiplying the gross earnings by 80%.)
- From the amount arrived at in Step 3, deduct 60% to arrive at the net countable
earnings.
- Add the net earnings to the unearned income to arrive at the monthly countable income.
- Compare the total monthly countable income to the Income Eligibility Standard of $223.
- 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.)
- 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 familys 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 childs potential
Medicaid or Food Stamp eligibility.
NOTE B: A child who was previously excluded for payment due to the family cap
provision but the familys 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 mothers 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 familys 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 familys 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 familys 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 familys 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 clients 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 familys 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 customers time limit has now
started.
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| 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 Users 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:
- Under three (3) months of age; or
- 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.
- 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)
- A woman is in the third trimester of pregnancy.
- 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.
- 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.
- The person is unable to participate in work activities due
directly to the effects of domestic violence.
- The person is unable to participate due to circumstances
beyond his or her control. This decision will be made at the
county office level.
- In two-parent families, one parent may be deferred from
participation to care for the minor child(ren), when
appropriate.
- 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
childs 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:
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.
- 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 childs 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:
- 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).
- 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 months payment.
|
| TEA Manual 07/01/1999 |
2513 Application Approval -
Completion Steps
The following specific steps will be taken to complete a TEA
application approval:
- Ensure the case record contains sufficient documentation of all eligibility requirements
and computations and other pertinent information so that the familys circumstances
and all determinations will be clearly understood by a supervisor or other reviewer.
- 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.
- Send Form DCO-104, Notice to Absent Parent, if appropriate.
- 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.
- Complete Form DHS-3350 for referrals to appropriate agencies for requested services such
as Family Planning Services.
- Make any other necessary referrals to agencies or organizations to help meet a specific
family need such as housing assistance.
- 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.
- 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.
- 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:
- 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.
- 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.
- Complete Form DHS-3350 to make any referrals for services such as Family Planning
requested by the applicant.
- Enter the denial data on Form DCO-180 and route to the appropriate person for entry to
the ACES system.
- 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:
- Obtain from the applicant his/her new address and county and any other pertinent
information regarding the move.
- 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
familys eligibility, to the new county with an explanatory memorandum attached.
- 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:
- Add the application to the Application Data Screen (WIMA) to obtain a register number.
The original date of application will be keyed.
- Arrange for an interview with the applicant to ascertain if any changes have occurred in
the familys 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.
- 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.
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