Ariz. Admin. Code § 6-12-101

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-12-101 - Definitions

The following definitions apply to this Chapter:

1. "Acceptable medical source" means a registered nurse practitioner or a licensed physician, including a medical or osteopathic doctor; licensed psychologist; licensed optometrist; and licensed podiatrist, as applicable for the particular medical impairment.

2. "Adequate notice" means a notice which explains the action the Department intends to take, the reason for the action, the specific authority for the action, the recipient's appeal rights, and right to benefits pending appeal, and which is mailed before the effective date of the action.

3. "Adequate and timely notice" means a written notice which contains the information required for an adequate notice and is sent within the time-frame provided for a timely notice.

4. "Adverse action" means one of the Department actions described in R6-12-1001(A), including action to terminate or reduce a benefit or assistance grant, or change the manner or form in which benefits are paid.

5. "AHCCCS" or "Arizona Health Care Cost Containment System" means a system established pursuant to A.R.S. § 36-2901 et seq. which consists of contracts with providers for the provision of hospitalization and medical care coverage to members.

6. "AHCCCSA" or "The Arizona Health Care Cost Containment System Administration" means the Arizona state government agency which administers the AHCCCS program.

7. "Appellant" means an applicant or recipient of assistance who is appealing an adverse action by the Department.

8. "Applicant" means a person who has directly, or through an authorized representative or responsible person, filed an application for CA with the Department.

9. "Assistance unit" means those members of a needy family, or a child only case, that meet the non-financial eligibility criteria for Cash Assistance and whose needs, income, resources, and other circumstances are considered as a whole to determine a Cash Assistance benefit amount.

10. "Available income" means income that is actually available to the family or the assistance unit, and income in which the family or the assistance unit has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance. When an assistance unit includes a dependent child who resides with a parent or a minor sibling, the Department shall consider the income of the parent and minor sibling as available income to the assistance unit.

11. "Available resources" means resources that are actually available to the assistance unit, and resources in which the assistance unit has a legal interest. Resources include a liquidated sum in which the assistance unit has the legal ability to make such sum available for support and maintenance. When an assistance unit includes a dependent child who resides with a parent or a minor sibling, the Department shall consider the resources of the parent and minor sibling as available resources to the assistance unit.

12. "Benefit month" means the calendar month for which benefits are paid based upon the assistance unit's projected income and anticipated circumstances for that same month.

13. "Benefit" or "cash benefit" means a monetary amount that the Department pays to an assistance unit for a particular benefit month.

14. "Bona fide funeral agreement" means a prepaid plan that specifically covers only funeral-related expenses as evidenced by a written contract.

15. "Burial plot" means a space reserved in a cemetery, crypt, vault, or mausoleum for the remains of a deceased person.

16. "CA" means Cash Assistance, a program administered by the Department that provides assistance to needy families with dependent children and to child only cases under 42 U.S.C. 601 et seq.

17. "Calendar quarter" means one of the four consecutive three-month periods of a calendar year beginning with either January 1, April 1, July 1, or October 1.

18. "Calendar year" means a period of 12 consecutive months beginning with January 1 and ending with December 31.

19. "Caretaker relative" means a parent or a non-parent relative (Non-parent Caretaker Relative or NPCR), whether related by blood or adoption, who maintains a family setting for a dependent child and who exercises responsibility for the day-to-day physical care, guidance, and support of that child.

20. "Child only case" means a case in which the eligible dependent child is in the legal custody of the Department and placed in foster care as defined in A.R.S. § 8-501, with an unrelated adult, or a nonparent relative who is not receiving Cash Assistance. A.R.S. § 46-101(7).

21. "Child welfare agency" means any agency or institution as defined at A.R.S. § 8-501(A)(1).

22. "Collateral contact" means an individual, agency, or organization the Department contacts to confirm information provided by the applicant or recipient.

23. "Countable income" means income from every source minus income excluded under R6-12-503.

24. "Countable payment" means a cash benefit paid to or for an assistance unit in the Arizona CA program on or after October 1, 2002, but does not include cash benefits that are not countable toward the 36-month time limit under R6-12-318(E).

25. "Crime" means any unlawful act against a head of household, the spouse of the head of household, or any member of an assistance unit that creates a hardship.

26. "Current federal poverty level" means the federal Department of Health and Human Services poverty guidelines published annually in the Federal Register.

27. "Day" means a calendar day unless otherwise specified.

28. "Department" means the Arizona Department of Economic Security.

29. "Dependent child" means a child as defined at A.R.S. § 46-101(8).

30. "Disregards" means those income deductions that the Department applies to the family's or the assistance unit's gross earned income to determine eligibility and benefit amount.

31. "District Medical Consultant" means a licensed physician whom the Department employs to review medical records for the purpose of determining physical or mental incapacity.

32. "Earned income" means any monetary gain to the family or the assistance unit as defined in 45 CFR 233.20(a)(6)(iii) through (viii) (October 1994) which is incorporated by reference and on file with the Office of the Secretary of State and not including any later amendments or editions, and in Article 5 of this Chapter.

33. "Eligibility determination date" means the date the Department makes the decision described in R6-12-706 and issues the eligibility decision notice.

34. "Encumbrance" means a legal debt.

35. "Equity value" means fair market value minus encumbrances.

36. "FAA" or "Family Assistance Administration" means the administration within the Department's Division of Benefits and Medical Eligibility with responsibility for providing financial and food stamp assistance to eligible persons and determining medical eligibility.

37. "Fair consideration" means an amount which reasonably represents the fair market value of transferred property.

38. "Fair market value" means the value at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell, and both having reasonable knowledge of the relevant facts.

39. "Family" means the following individuals living in the same home with:

a. A head of household caretaker relative:

i. A dependent child,

ii. Parent or parents of the dependent child,

iii. Spouse of the parent or parents of the dependent child,

iv. The head of household caretaker relative,

v. The spouse of the head of household caretaker relative,

vi. Minor siblings of the dependent child,

vii. Minor children of the head of household caretaker relative, and

viii. Minor children of the spouse of the head of household caretaker relative, or

b. A minor parent requesting CA under R6-12-608:

i. The minor parent or parents,

ii. The minor parent's child,

iii. The minor parent's adult caretaker relative,

iv. The spouse of the minor parent's adult caretaker relative,

v. Minor parent's minor siblings or step-siblings,

vi. Minor children of the adult caretaker relative, and

vii. Minor children of the spouse of adult caretaker relative.

40. "Foster care maintenance payment" means a monetary amount which the Department pays to a foster parent for the expenses of a child in foster care.

41. "Foster child" means a child placed in a foster home or a child welfare agency.

42. "Gross Income" means countable income available to a family and an assistance unit for the purpose of computing the net income amount that is used to determine the income eligibility of a family and the cash benefit amount for an assistance unit.

43. "Hardship" means a situation that causes suffering or distress through the deprivation or loss of basic needs. The hardship must prevent an adult assistance unit member, the caretaker relative head of household, the spouse of the caretaker relative head of household, or the minor parent head of household from working or engaging in work activities to a degree that such person is prevented from financially supporting the eligible dependent child in the assistance unit, independent of CA.

44. "Head of household" means a dependent child's parent or the spouse of the parent, or the dependent child's nonparent relative or spouse of the nonparent relative, who receives Cash Assistance for him (or her)self and on behalf of the dependent child or only on behalf of the dependent child. A.R.S. § 46-101(13).

45. "Homebound" means a person who is confined to the home because of physical or mental incapacity.

46. "Homeless" means all assistance unit members meet either of the following criteria:

a. They do not have a fixed or regular nighttime residence.

b. They have as their primary nighttime residence one of the following:

i. A supervised shelter designed to provide temporary shelter to homeless persons;

ii. A half-way house or similar institution that provides temporary residence;

iii. A rent-free accommodation in the residence of another person for not more than 90 days; or

iv. A place not designed, or ordinarily used, for sleeping. This includes the following:

(1) Car,

(2) Bus station,

(3) Hallway,

(4) Park, or

(5) Sidewalk.

47. "Homestead property" means a home owned and occupied by an applicant or recipient, or which is co-owned and occupied by a separated or divorced spouse of an applicant or recipient.

48. "Income" means earned and unearned income available to a family or an assistance unit.

49. "JOBS" or "Job Opportunities and Basic Skills Training Program" means the program authorized by 42 U.S.C. 681 - 687 and A.R.S. § 46-299, which assists CA recipients to prepare for, obtain, and retain employment.

50. "Job Corps" means the program authorized by 29 U.S.C. 1691 et seq. which provides education, training, intensive counseling, and related assistance to economically disadvantaged young men and women.

51. "JTPA" or "Job Training Partnership Act" means the program authorized by 29 U.S.C. 1501 et seq. which prepares youth and unskilled adults for entry into the labor force and affords special job training.

52. "Lawful Permanent Resident" means a noncitizen who has been granted authorization by the United States Citizen and Immigration Service to live and work in the United States on a permanent basis.

53. "Liquid asset" means cash or another financial instrument which is readily convertible to cash.

54. "Local office" means a FAA office which is designated as the office in which CA applications and other documents are filed with the Department and in which eligibility and benefit amounts are determined.

55. "Lump sum income" means a single payment of earned or unearned income, such as retroactive monthly benefits, non-recurring pay adjustments or bonuses, inheritances, lottery winnings, or personal injury and workers' compensation awards.

56. "Mailing date," when used in reference to a document sent first class, postage prepaid, through the United States mail, means the date:

a. Shown on the postmark;

b. Shown on the postage meter mark of the envelope, if there is no postmark; or

c. Entered on the document as the date of its completion, if there is no legible postmark or postage meter mark.

57. "Need standard" means the money value the state assigns to the basic and special needs deemed essential for an assistance unit.

58. "Needy family" means the same as A.R.S. § 46-101(16).

59. "Net income" means gross income, minus the monthly earned income disregards under R6-12-703. Net income is used to determine the income eligibility of a family and a cash benefit amount for an assistance unit.

60. "Non-parent relative" means a dependent child's grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, niece, nephew, or cousin and includes a permanent guardian who is appointed pursuant to A.R.S. § 8-872. A.R.S. § 46-101(17).

61. "Noncitizen" means a person who is not a United States citizen.

62. "Noncitizen sponsor," which is sometimes referred to as a "sponsor," means an organization which, or a person who, has executed an affidavit of support or similar agreement on behalf of an noncitizen who is not the child or spouse of the sponsor, as a condition of the noncitizen's entry into the United States.

63. "Notice date" means the date which appears as the official date of issuance on a document or official written notice the Department sends or gives to an applicant or recipient.

64. "OSI" or "Office of Special Investigations" means the Department office to which FAA refers cases for investigation of certain eligibility information, investigation and preparation of fraud charges, coordination and cooperation with law enforcement agencies, and other similar functions.

65. "Overpayment" means a financial assistance payment received by or for an assistance unit for a benefit month and which exceeds the amount to which the unit was lawfully entitled.

66. "Parent" means the lawful mother or father of a dependent child and includes only a birth or adoptive parent and excludes a stepparent.

67. "Participating in a strike" means engaging in any activity as defined at 29 U.S.C. 142(2), as amended through June 23, 1947, which is incorporated by reference and on file with the Office of the Secretary of State and not including any later amendments or editions.

68. "Party" means the Department and the applicant or recipient.

69. "Payment standard" means the amount of money from which net income is subtracted to calculate the monthly benefit amount.

70. "Physical or mental incapacity" means a physical or mental impairment which substantially precludes a parent from providing for the support or care of the parent's child.

71. "PI" means the Primary Informant, who is the individual who signs the Application for Assistance; in TPEP assistance units the PI is the PWEP.

72. "PRA" means the Personal Responsibility Agreement, which is a document listing the obligations of a household that applies for and receives CA.

73. "Projected income" means an estimate of income that a family or an assistance unit reasonably expects to receive in a specific month, the actual amount of which is unknown but which is estimated from available and reliable information.

74. "Prospective eligibility" means an eligibility determination for a benefit month based on income and other circumstances as they actually exist, and are anticipated to exist, in that same month.

75. "Putative father" means a male person whom a birth mother has named as father of her child, but whose paternity has not been established as a matter of law.

76. "Prospective budgeting" means the computation of a benefit amount for a particular benefit month based on the Department's projected income and circumstances as they actually exist and are anticipated to exist for that same month.

77. "PRWORA" means the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( Public Law 104-193 ).

78. "PWEP" or "Primary wage earning parent" means the parent in a two-parent family who earned the greater amount of income in the 24-month period immediately preceding the month in which an application for benefits is filed.

79. "Request for hearing" means a clear written expression by an applicant or recipient, or such person's representative, indicating a desire to present the case or issue to a higher authority.

80. "Resources" means real and personal property available to an assistance unit.

81. "Review" means a review of all factors affecting an assistance unit's eligibility and benefit amount.

82. "Spendthrift restriction" means a legal restriction on the use of a resource which prevents a payee or beneficiary from alienating the resource.

83. "Sponsored noncitizen means a noncitizen whose entry into the United States was sponsored by a person who, or an organization which, executed an affidavit of support or similar agreement on behalf of the noncitizen alien, who is not a child or spouse of the sponsor.

84. "Student" means a person who is attending a school, college, or university, or who is enrolled in a course of vocational or technical training designed to prepare the trainee for gainful employment, and includes a participant in Job Corps.

85. "Suitable work" means work in a recognized occupation for which a person is reasonably qualified.

86. "Support" means child support, alimony, spousal maintenance, or medical support.

87. "Supportive Services unit" means an assistance unit which is eligible for all benefits, except a monthly cash amount, that a CA assistance unit receives.

88. "SVES" means the State Verification and Exchange System which is a system through which the Department exchanges income and benefit information with the Internal Revenue Service, Social Security Administration, State Wage, and Unemployment Insurance Benefit data files.

89. "TANF" means Temporary Assistance for Needy Families, which is a program administered by the Department to provide assistance to needy families with dependent children and child only cases under 42 U.S.C. 601 et seq.

90. "Timely notice" means a notice which the Department mails at least 10 days before the date on which the action described in the notice will occur or take effect or, in circumstances of probable fraud, at least five calendar days in advance of the date such action is effective.

91. "Title IV-A of the Social Security Act" means 42 U.S.C. 601 - 617, the statutes establishing the CA program.

92. "Title IV-E of the Social Security Act" means 42 U.S.C. 670 - 679, the statutes establishing the foster care and adoption assistance programs.

93. "TPEP" or "Two-parent Employment Program" means the CA program that provides assistance for dependent children residing in a needy family who are deprived of parental support because the primary wage-earning parent is unemployed.

94. "Underpayment" means a monthly benefit payment which is less than the amount for which the assistance unit is eligible, or the failure to issue a benefit payment when such payment should have been issued.

95. "Vendor payment" means a payment that a person or organization who is not a member of the family or the assistance unit makes to a third-party vendor to cover family or assistance unit expenses.

96. "Violence" means battery or extreme cruelty inflicted on a head of household or any member of an assistance unit. Battery or extreme cruelty includes any of the following:

a. Physical acts that threatened or resulted in physical injury;

b. Threats of, or attempts at, physical or sexual abuse;

c. Sexual activity involving a child;

d. Being forced as the caretaker of a child to engage in non-consensual sexual acts or activities;

e. Mental or emotional abuse; and

f. Neglect or deprivation of basic necessities such as food or medical care.

97. "Voluntary Quit/Reduction in Work Effort" is an action to willingly quit a job or reduce work effort without good cause.

98. "Warrant" means a payment instrument drawn on the Arizona State Treasury authorizing payment of a particular sum of money to an CA recipient.

Ariz. Admin. Code § R6-12-101

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.