16 Del. Admin. Code § 8000-8021

Current through Register Vol. 28, No. 7, January 1, 2025

Section 8000-8021 - Assistance Units

The assistance unit is defined as the total number of persons who are eligible for a separate grant under the particular category.

8021.1 Mandatory Composition of Assistance Units

In RCA, the assistance unit will always include:

1. The dependent child; and

2. The dependent child's blood- related or adoptive siblings who are under 18 and who are also dependent children; and

3. The dependent child's natural or adoptive parent(s). If both parents live in the home, both parents must be included in the unit regardless of the parents' marital status. In a case where paternity has not been legally established, the putative father must acknowledge paternity as a condition of eligibility.

Note: In 2 and 3 above, the child or parent must also reside in the home and be otherwise eligible. Examples of persons who are not otherwise eligible include, but are not limited to SSI recipients, Employment and Training sanctioned individuals, and individuals ineligible due to receipt of lump sum income.

EXAMPLE: In RCA, where children who live in the home include the caretaker's own children and a child who is related in some other manner (e.g., niece or nephew), establish two assistance units. One will include the caretaker and his/her children, and the other will include the other related child with the caretaker as payee only. When more than one such child lives in the home, each child will be placed in a separate assistance unit unless the children must be considered together as specified in 1 and 2 above.

8021.2 Optional Composition of Assistance Units

1. In RCA the dependent child, and if residing in the home and otherwise eligible, the child's blood- related or adoptive minor siblings, and the child's natural or adoptive parent(s) must be included in the unit. When both parents of the dependent child are in the home, both parents must be included in the unit regardless of their marital status. In a case where paternity has not been legally established, the putative father must acknowledge paternity as a condition of eligibility.

A Refugee non- parent needy caretaker relative may be included in the unit if the caretaker so chooses.

2. In RCA married couple cases, where each adult has children from previous relationships that are eligible for RCA, include the family in one RCA unit. If the couple has children in common who are also eligible for RCA, include these children in the unit also.

3. In RCA unmarried couple cases where each adult has children from previous relationships who are eligible for RCA, there will be two RCA grants - one for each adult and that adult's child(ren). If the couple has children in common, who are eligible for RCA, the couple, their child and the children from previous relationships will be placed in one RCA unit.

4. The newborns are added to the unit, and a supplemental grant is effective the date of its birth if the birth is reported within five (5) days. If the birth is not reported within five (5) days, the child is added to the unit and the grant is effective as of the date of the report. The child's father, if he is otherwise eligible, is also added using these guidelines. Procedures for completing supplemental applications for newborns are outlined in DSSM 2000.6.

8021.3 Age as a Condition of Eligibility

For purposes of determining eligibility for cash grants, persons 18 years old and over are considered adults.

An individual is not eligible for RCA as a child the month of his/her 18th birthday if their birthdate is the 1st day of the month. If such children are RCA recipients, they will be removed from the assistance unit the last day of the month prior to the month of their 18th birthday.

An individual is eligible for RCA as the child the month of his/her 18th birthday if their birthday is the 2nd - 31st day of the month. If such children are TANF recipients, they will be removed from the assistance unit effective the last day of the month he/she turns 18.

An individual 18 years of age or older may still receive RCA as an adult.

8021.4 Eighteen Year Old Students

An 18 year old student who is still a full-time student in high school, GED, or equivalent program and will graduate prior to his/her 19th birthday may receive RCA as a child. The 18 year old would be removed from the assistance unit effective the last day of the month he/she graduates.

Example: Teen A will turn nineteen on October 3, 1994. Teen A will graduate from high school on June 14, 1994. Change Teen A's RCA Employment and Training code to J or K. When Teen A graduates on June 14, 1994, remove Teen A from the grant, effective June 30, 1994.

If the 18 year old originally scheduled to graduate prior to his/her 19th birthday but due to a change will now graduate after turning 19 years old, remove the 18 year old from the assistance unit.

Example: Teen C will turn nineteen on December 3, 1994. Initially, the school reported that Teen C would graduate on June 4, 1994. On March 4, 1994, we learn that Teen C will not graduate until June 4, 1995. Close Teen C in RCA, effective March 31, 1994.

8021.5 Minor Parent

An unmarried parent, under the age of 18, and the dependent child(ren) in his or her care is to reside in the household of a parent, legal guardian, other adult relative, or in an adult supervised supportive living arrangement to receive RCA benefits. The non-parent caretaker of a teen parent must show good cause why the teen is not living with his or her parent. Emancipated minors are considered adults for the purpose of establishing eligibility for assistance. An eligible emancipated minor may receive an assistance grant in his/her own name.

Emancipation must be documented in the case record. Acceptable documentation includes:

1) Court records; or

2) The minor's valid marriage license; or

3) Written statements from the Division of Family Services verifying the minor's emancipation.

If the minor parent and his or her children reside in an adult supervised supportive living arrangement, the Division of Family Services, within the Department of Services for Children, Youth and Their Families, must approve the living arrangement by the next redetermination. If the adult supervised supportive living arrangement is not approved by the next redeterminaton, RCA payments should be stopped.

Assistance is to be provided in the form of a protective payment to the minor parent's parent, legal guardian, other adult relative, or adult in the supervised supportive living arrangement.

16 Del. Admin. Code § 8000-8021