The proposed rule amendment amends policy to exclude all Workforce Investment Act (WIA) income for a minor child, excludes all WIA income for an adult except for wages paid directly by an employer, includes the statutory reference for minor child, ...

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO: RULE TITLE
65A-4.209: Income
PURPOSE AND EFFECT: The proposed rule amendment amends policy to exclude all Workforce Investment Act (WIA) income for a minor child, excludes all WIA income for an adult except for wages paid directly by an employer, includes the statutory reference for minor child, removes some verification requirements for a sponsoring agency or organization and clarifies verification is not required of a noncitizen who self-declares non-support from the sponsor. Included in this proposed rule amendment are some wording changes and technical changes of a non-substantive nature improving the overall content of the rule.
SUMMARY: The proposed rule amendment amends and clarifies income policy and its verification requirements for the Temporary Cash Assistance Program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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.
SPECIFIC AUTHORITY: 414.085(2), 414.095(18), 414.45 FS.
LAW IMPLEMENTED: 414.085, 414.095 FS.
IF REQUESTED 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: July 13, 2009, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Keil, ACCESS Florida Program Policy, 1317 Winewood Boulevard, Building 3, Tallahassee, Florida 32399-0700, [phone]

THE FULL TEXT OF THE PROPOSED RULE 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 an its equivalent, such as a check, money order or other negotiable instrument. Income must be substantiated, verified or documented as a condition of eligibility for Ttemporary Ccash Aassistance (TCA) as in subsection 65A-1.205(5), F.A.C. in accordance with Section 414.095, F.S.

(2) To be financially eligible for TCA temporary cash assistance (TCA), the total average gross monthly income, less any applicable disregards, of the standard filing unit cannot exceed the applicable payment standard for the assistance group. These standards and disregards are found in Sections 414.095(10) 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. The monthly amount of the TCA payment is determined by subtracting the monthly net income from the applicable payment standard.

(a) The earned monthly income of the minor child who is a full-time student in an elementary or secondary school or an equivalent level of career training does not count in the eligibility determination. family member age 19 or younger and is a full-time high school 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 age 19 or younger and is a full-time student also does not count toward the payment standard or toward calculation of eligibility against the consolidated need standard. All income of the minor child received under the Workforce Investment Act (WIA) of 1998 does not count in the eligibility determination. The definition of minor child is in Section 414.0252(8), F.S. The definition of full-time attendance is in paragraph 65A-4.207(1)(b), F.A.C. Student refers to the minor child whose needs are included in the benefit as a minor child not as a parent or relative. The dDefinition of secondary school is found in Section 1003.413(1), F.S. 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 unearned non-earned income from all sources. The countable net income of a stepparent living in the home with the TCA temporary cash assistance child, or of a parent living in the home with the minor mother payee, or of an ineligible noncitizen’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 is considered in determining the gross unearned non-earned income of the assistance group.

(c) Income which is excluded from consideration in the TCA temporary cash assistance Pprogram does is not count in the eligibility determination counted as gross income. All income of an adult received under the WIA Act does not count in the eligibility determination, except for wages paid directly by an employer.

(d) Infrequent or irregular unearned income which does not exceeding exceed $60 per calendar quarter such as gifts for Christmas, birthdays or graduation does not count in the eligibility determination is excluded, such as gifts for Christmas, birthdays or graduation.

(3) The Department considers oOnly the income of the following individuals is considered:

(a) All standard filing unit members.

(b) A The stepparent living in the home. The Department considers a temporarily absent stepparent to be part of the family unit, or if temporarily absent as determined by the department, is still considered part of the family unit.

(c) The sponsor(s) of a noncitizen.

1. The sponsoring agency or organization must is expected to fulfill its financial responsibilities to the noncitizen 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 needs. Verification of the sponsor’s inability to support must be obtained. If a noncitizen applying for temporary cash assistance states that the sponsoring organization or agency is no longer in existence, verification must be obtained.

2. A Any noncitizen who reports support from an individual sponsor sponsorship, whether or not the sponsor remains involved with the noncitizen, is required to have the sponsor and the sponsor’s spouse provide information about their income and assets. If they do the sponsor does not give complete information and will not provide complete information upon request by the Ddepartment, the noncitizen and other sponsored members of the assistance group sponsored by that individual will be found ineligible for TCA temporary cash assistance because available income and assets cannot be determined. Eligibility for the noncitizen and other sponsored members of the assistance group cannot be established when required verification documentation is not obtained. Verification is not required of a noncitizen who self-declares non-support from the sponsor.

3. This policy does not affect uUnsponsored members of the assistance group are not affected by this policy. If the sponsor and spouse receive TCA receives temporary cash assistance as a parent payee or receive Supplemental Security Income receives SSI, none of the sponsor’s income is considered to be as being available to the noncitizen alien.

(d) The parent(s) of a teen an unwed minor parent, when the teen minor parent is a TCA benefit recipient minor child under age 18, who lives in the same household with the parent(s) parents who is are not included in the TCA benefit.

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

(f) The IRCA parent (one that received legalization under the Immigration Reform and Control Act of 1986).

(4) Income of children who are students is disregarded in accordance with Section 414.095(11)(b), F.S.

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

Rulemaking Specific Authority 414.085(2), 414.095(18), 414.45 FS. Law Implemented 414.085, 414.095 FS. History–New 1-11-98, Amended 5-17-07,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Nathan Lewis
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: George H. Sheldon
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 4, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 24, 2009