The purpose of the proposed rule amendment is to align policies on income and asset exclusions for Temporary Cash Assistance (TCA). Section 4102 of the Farm Bill of 2002 allows state flexibility to align food stamp income and asset polices to those ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO: RULE TITLE
65A-4.209: Income

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to align policies on income and asset exclusions for Temporary Cash Assistance (TCA). Section 4102 of the Farm Bill of 2002 allows state flexibility to align food stamp income and asset polices to those used by the Temporary Assistance for Needy Families (TANF) and 1931 Medicaid programs. Florida is aligning the policies by increasing the TCA income exclusion for infrequent or irregular unearned income to the maximum amount allowed under section 1612(b)(3)(A) of the Social Security Act as amended.

SUMMARY: The proposed rule amendment contains specific provisions for TCA income exclusions for infrequent or irregular unearned income; clarification of terms; correction of statutory references; and removal of reference to the Job Training Partnership Act.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

IF REQUESTED IN WRITING WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: January 31, 2007, 1:30 p.m.

PLACE: 1317 Winewood Boulevard, Building 3, Room 439, Tallahassee, Florida 32399-0700

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Lonna Cichon, Governmental Operations Consultant II, Food Stamps/TANF Policy, Economic Self-Sufficiency, 1317 Winewood Boulevard, Building 3, Room 406, Tallahassee, Florida 32399-0700, telephone [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

65A-4.209 Income.

(1) Income is cash received at periodic intervals from any source such as wages, benefits, contributions, rental property, etc. Cash is money or its equivalent, such as a check, money order or other negotiable instrument. Income must be verified or documented as a condition of eligibility for temporary cash assistance in accordance with Section 414.095, F.S.

(2) To be financially eligible for temporary cash assistance (TCA), the total average adjusted gross monthly income, less any applicable disregards, of the standard filing unit cannot exceed the applicable eligibility/payment standard for the assistance group. These standards and disregards are found in Section 414.095(101) and (11) F.S. Monthly net income is calculated based on average gross monthly family income, earned and unearned, less any applicable disregards in accordance with Section 414.095(12)(a), F.S.

(a) The gross earned monthly income of the child who is a family member under age 19 or younger and who is a full-time student in a secondary school or the equivalent level of vocational or technical training is disregarded in the budget. The income of a child who is a family member under age 19 or younger and who is a full-time student also does not count toward the payment eligibility standard or toward calculation of eligibility against the consolidated need standard. Student refers to the minor child whose needs are included in the benefit grant as a minor child not as a parent or relative. Definition of secondary school is found in Section 1003.413(1), F.S. 6A-5.0752(2)(g), F.A.C. Definition of full-time attendance is found in paragraph 65A-4.207(1)(b), F.A.C.

(b) Total gross monthly income includes earned and non-earned income from all sources. The countable net income of a stepparent living in the home with the temporary cash assistance child, or of a parent living in the home with the minor mother payee, or of an ineligible noncitizen’s alien’s parents during the five year disqualification period prescribed by the Personal Responsibility and Work Opportunity Act of 1996, and of the sponsor and the sponsor’s spouse of certain noncitizens aliens is considered in determining the gross non-earned income of the assistance group.

(c) No change.

(d) Infrequent and/or irregular unearned income which does not exceed $60 per calendar quarter is excluded, such as gifts for Christmas, birthdays or graduation.

(3) Income must be verified or documented as a condition of eligibility for temporary cash assistance. Loss or reduction of income which occurred within the preceding 60 days and the cause of the reduction or loss must be verified. Availability of replacement income will be discussed with the applicant or recipient. The applicant or recipient must provide the date of expected return to work when on leave, vacation, or furlough.

(4) An applicant or recipient shall be required to explain money management during the month of application or redetermination. Eligibility shall not be determined if the individuals fails to do so. A case shall not be denied or canceled solely on the person’s failure to explain how the bills were paid. The eligibility specialist shall request the applicant or recipient to furnish additional information. Failure by the applicant or recipient to provide the additional information during the time requested will result in the denial of the case because eligibility cannot be determined.

(a) Money management is the comparison of the income received and major expenses paid by the applicant or recipient. When currently paid expenses exceed acknowledged income, possible sources of income must be determined and verification or documentation of that income must be obtained.

(b) An applicant or recipient shall also be required to explain money management for the month prior to or after the month of application or redetermination when the paid expenses for that month exceed the income for that month. Although it is reasonable and expected that the eligibility specialist discuss how the applicant or recipient managed the income and expenses, the fact that the applicant or recipient does not or cannot provide verification or documentation of expenses paid in the month prior to application shall not be used as a basis for denial of assistance. Failure to explain money management during the month(s) of application shall result in denial of the application if the eligibility specialist is unable to determine eligibility based on the information provided by the applicant or recipient.

(3)(5)(a) through (b) No change.

(c) The individual sponsor(s) of an noncitizen alien.

1. The sponsoring agency or organization is expected to fulfill its financial responsibilities to the noncitizen alien unless the agency or organization is no longer in existence at the time that the applicant or recipient applies or the sponsor does not have the financial ability to meet the noncitizen’s alien’s needs. Verification of the sponsor's inability to support must be obtained. If an noncitizen alien applying for temporary cash assistance states that the sponsoring organization or agency is no longer in existence, verification must be obtained.

2. Any noncitizen alien who reports sponsorship, whether or not the sponsor remains involved with the noncitizen alien, is required to have the sponsor provide information about their income and assets. If the sponsor does not give complete information and will not provide complete information upon request by the department, the noncitizen alien and other members of the assistance group sponsored by that individual will be found ineligible for temporary cash assistance because available income and assets cannot be determined. Eligibility for the noncitizen alien and other sponsored members of the assistance group cannot be established when required documentation is not obtained.

3. No change.

(d) The non-temporary cash assistance recipient parents of an unwed minor parent, when the minor parent is a TCA benefit recipient under age 18, who lives in the same household with the parents who are not included in the TCA benefit as the minor parent.

(e) The stepparent of an unwed minor parent, when the minor parent is a TCA benefit recipient under age 18, who lives in the same household with when the stepparent who is not included in the temporary cash assistance benefit grant.

(f) No change.

(4)(6) Income of children who are students is disregarded in accordance with Section 414.095 (112)(b), F.S.

(5)(7) For children under 18 years of age, all non-earned income received under the Workforce Investment Job Training Partnership Act (WIA JTPA) is disregarded. All earned income from WIA JTPA is disregarded for six months in a calendar year.

(8) Small nonrecurring gifts which do not exceed $30 per recipient in a calendar quarter are not considered as income; for example, gifts for Christmas, birthdays and graduations.

Specific Authority 414.45 FS. Law Implemented 414.095 FS. History–New 1-11-98, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lonna Cichon

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jennifer Lange

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 28, 2006