016.20.99 Ark. Code R. 007

Current through Register Vol. 49, No. 9, September, 2024
Rule 016.20.99-007 - Transitional Employment Assistance (TEA) Title IV - A: State Plan Section 3 and Section 6.8 - Local TEA Coalition Services
Section 3 POPULATION TO BE SERVED

Transitional Employment Assistance will be available to economically needy families with children under the age of eighteen (18) years who are residing in the State of Arkansas and meet specified eligibility requirements.

Families receiving cash assistance must meet all of the following eligibility criteria. Families receiving only services provided through the local TEA Coalitions must meet the criteria as specified in Sections 3.1 - 3.5.

3.1Definition of Needy Family

A needy family is defined as one which includes a child or children under the age of 18 years and the parent(s) or other adult relative caretaker who is living with such child(ren) and whose family income and resources are within specified limits.

3.2Definition of Other Adult Relative Caretaker

Other adult relative caretaker is defined as a non-parent relative who is providing care for the child (when there is no natural parent in the home) and is in one of the following degrees of relationship to the child:

a. A blood or adoptive relative within the fifth degree of kinship (e.g., grandparent, aunt, etc.);
b. Step-father, step-mother, step-sister, step-brother;
c. A spouse of any of the above.

For purposes of determining family size and family income and resource eligibility, an other adult relative caretaker as defined above, with the exception of a step-parent, may choose to be included as an eligible family member or not. If such relative chooses not to be included (i.e., is a payee only), then his/her income and resources will not be considered when determining * eligibility. In addition, employment services described in Section 4 will not be available to such excluded adult relative and the time limit described in Section 3.6 will not apply.

3.3 Income Limit
3.3.1 Cash Assistance

The family's countable income (as defined in the State policy and procedures manual) must be equal to or below $223 per month. The one income limit applies to all family sizes and to initial and on-going eligibility. This amount is 25% of what a full-time (40 hours/week) worker would earn at the federal minimum wage which will be effective on September 1, 1997 ($5.15/hour) in a month.

For purposes of income eligibility, the following deductions will be made from a family's gross monthly earned income:

a. For initial eligibility, a 20% deduction for work related expenses (e.g., taxes).
b. For on-going eligibility, the 20% work-related deduction followed by a 60% work incentive deduction from the remainder.
3.3.2 TEA Coalition Services

For services provided through the local TEA Coalitions, the family's gross monthly income must be at or below 185% of the federal poverty level applicable to the family size. No deductions are allowed from the monthly gross when making this determination.

3.4 Resource Limit
3.4.1 Cash Assistance

The family's countable resources must be equal to or below $3000. The one resource limit applies to all family sizes and to initial and on-going eligibility.

Resources include real and personal property which are currently available or for which the -family has the legal ability to make available for current use. The following will be excluded as countable resources:

a. The family's homestead.
b. One operable motor vehicle.
c. Household and personal goods.
d. Income-producing property.
e. Monies deposited in an approved Individual Development Account (IDA) or approved escrow account for business or career development
f.Any other property specified in the State policy and procedures manual which the agency has determined would be cost-efficient to exclude or which must be excluded due to federal or state statute.
3.4.2 TEA Coalition Services

For services provided through the local TEA Coalitions, there is no resource test.

3.5 Citizenship Requirement

Recipients must be citizens of the United States of America, or qualified aliens lawfully present in the United States before August 23,1996, or aliens to whom public benefits must be provided by federal law.

3.6Time Limit Requirement

A needy family who meets all other eligibility requirements will not be eligible to receive TEA benefits if the family includes an adult parent (or other adult relative caretaker who is included as an eligible member) who has received such assistance for twenty-four (24) months unless it is determined that the family meets one of the criteria outlined in Section 5 (Exemptions/Deferrals). The twenty-four months need not be consecutive months. The twenty-four (24) month count will begin July 1,1998.

NOTE: Services provided through the local TEA Coalitions are not considered assistance for purposes of the time limit requirement.

3.7 Personal Responsibility Agreement Requirement

The adult caretaker and/or minor parent(s) of the child(ren) must sign a Personal Responsibility Agreement (PRA) as a condition of the family's eligibility when application for TEA is made and must adhere to the provisions of the PRA as a condition of continued eligibility. (See Section 8.1 for a description of the PRA.)

3.8 Assignment of Child Support

As a condition of the family's eligibility, the adult caretaker must agree to assign child support rights to the State. Such assignment will become effective upon receipt of cash assistance.

3.9 Drug-Related Convictions

An individual who has been found guilty of or has pleaded guilty or nolo contendere to any state or federal offense classified as a felony by the law of the jurisdiction involved, and which has as an element of the offense, the distribution or manufacture of a controlled substance (as defined in section 102(6) of the Controlled Substances Act) will be ineligible for TEA benefits. This provision applies only to offenses occurring after July 1, 1997.

The eligibility of the other family members will not be affected by the ineligibility of a person described above. The amount of assistance for which they may be eligible will be determined without regard to the ineligible member's needs. However, if such ineligible person is the child's parent, his or her income and resources will be considered in determining the children's eligibility and amount of assistance.

In accordance with Section 16 of the Arkansas Personal Responsibility and Public Assistance Reform Act, Arkansas opts out of Section 115 of the Personal Responsibility and Work Opportunity Act of 1996.

3.10 Minor Parent Living Arrangements

An unmarried parent under the age of 18 must reside in a place of residence maintained by a parent, legal guardian, or other adult relative except in the following situations:

a. It has been determined that the unmarried minor parent's current living arrangement is appropriate. In this situation, the minor parent and child will be required to continue to reside in such living arrangement as a condition of eligibility unless it is determined that such living arrangement is no longer appropriate due to changed circumstances.
b. The minor parent has no parent, legal guardian, or other adult relative of his or her own who is living or whose whereabouts are known.
c. The minor parent's parent or legal guardian will not allow the minor parent and child to live in his/her home and there is no other adult relative who will allow the minor parent and child to live in their home.
d. The minor parent or child is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the home of the minor parent's parent or legal guardian.
e. Substantial evidence exists of an act or failure to act that places the minor parent or child at risk of imminent or serious harm in the home of the minor parent's parent or legal guardian.
f. The agency determines that it is in the best interest of the minor parent's child to waive the living arrangement requirement for the minor parent and child.
Section 6 BENEFITS

The TEA program provides various services and assistance to low-income families. TEA benefits may include monthly cash assistance, employment and supportive services for cash assistance recipients, and Extended Support Services for certain former cash assistance recipients. In some situations, a family may be determined eligible for a diversion payment instead of regular monthly TEA assistance. In addition, relocation assistance may be available on a limited basis.

TEA benefits may also include employment and supportive services, job retention services, and preventive services provided to low-income families through local TEA Coalitions.

The Division Director also has the flexibility to authorize the use of TANF funds to provide assistance or services to at-risk children or families through programs deemed consistent with the intent of federal and/or state law.

6.1 Cash Assistance
6.1.1 Monthly Cash Assistance Payment Amount

The following amounts by family size are the monthly cash assistance maximums an otherwise eligible TEA family may be paid:

Family Size

Maximum Grant

1

$81

2

162

3

204

4

247

5

286

6

331

7

373

8

415

9 or more

457

6.8 Services Provided through Local TEA Coalitions

Local TEA Coalitions may provide services to low-income families (as defined in Section 3) for any of the following purposes:

To enable a working adult to retain employment;

To prevent a family from needing to come on to regular cash assistance;

To enhance the employability of any member of the family;

To encourage and enable any member of the family without a high school diploma or GED to obtain a diploma or equivalency.

Any other purpose deemed necessary at the local level which will address the needs of an "at-risk" family.

Services provided under this section may not include direct child care services which includes payments, vouchers, or child care services provided under contract or similar arrangements.

In addition, services under this section may not include work subsidies to employers to help cover the costs of employment or on-the-job training, or other direct financial assistance to the family except for one-time, short-term assistance. One-time, short term assistance may not be paid more than once in any twelve-month period, is paid within a thirty-day period, and covers needs that do not extend beyond a ninety-day period.

Any services provided under this section must be included in the Coalition's approved Local Implementation Plan.

1998 FEDERAL POVERTY LEVELS

Effective April 1,1998

Family Size

100% Monthly

120% Monthly

133% Monthly

135% Monthly

175% Monthly

185% Monthly

200% Monthly

1

$ 670.83

$ 805.00

$ 892.20

$ 905.62

$ 1,173.95

$ 1,241.03

$ 1,341.66

2

904.17

1,085.00

1,202.55

1,220.63

1,582.30

1,672.71

1,808.34

3

1,137.50

1,512.881

2,104.37

2,275.00

4

1,370.83

1,823.20

2,536.03

2,741.66

5

1,604.17

2,133.55

2,967.71

3,208.34

6

1,837.50

2,443.88

3,399.37

3,675.00

7

2,070.83

2,754.20

3,831.03

4,141.66

8

2,304.17

3,064.55

4,262.71

4,608.34

9

2,537.50

3,374.88

4,694.37

* 5,075.00

10

2,770.83

3,685.20

5,126.03

5,541.66

For each additional member add:

233.00

310.32

431.68

466.66

MEDICAID CATEGORIES AFFECTED

* Qualified Medicare Beneficiaries (QMB) -100% FPL * FamilyPlatinirtgUaiver . 133%F?L

* SOBRA Children 6 through 14 -100% FPL

PW, Infants and Children up to age 6 -133% FPL

* Arkansas Health Care Access Foundation Program (AHCA) -100% FPL

* Specified Low Income Medicare Beneficiaries (SMB) - Between 100% and 120% FPL

* Qualifying lndividuals-1 (QI-1) - At least 120% but less than 135% FPL

* Qualifying Individuals-2 (QI-2) - At least 135% but less than 175% FPL

* Transitional Medicaid (TM) -185% FPL

* ARKids First - 200% FPL

* Qualified Disabled and Working Individuals (QDWl) - 200% FPL

016.20.99 Ark. Code R. 007

5/10/1999