16 Del. Admin. Code § 3000-3019

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

Section 3000-3019 - Definitions of Unemployable

An adult is unemployable and therefore technically eligible for GA when the adult is:

1. Ill or incapacitated, and unable to perform work activities. The nature of the individual's health problem, its expected duration, and the individual's inability to perform work activities must be verified in the case record. The eligibility of temporarily incapacitated persons must be redetermined at the end of the period of incapacity specified by the physician.

Note: GA may be authorized or continued for a period not to exceed 90 days to an incapacitated person who is hospitalized.

An individual whose incapacity is expected to last more than 12 months is referred to the Social Security Administration.

2. For a period not to exceed two (2) months, a person whose SSI disability or SSA disability benefits have ended and who is appealing the decision. Verification of the appeal to the SSA is required. The individual's eligibility must be redetermined at the end of the two- month period. GA benefits can continue only if another condition of unemployability is established.

3. Needed at home to care for another household member who is ill or incapacitated. Verification that another person is needed at home to care for the incapacitated individual is required.

4. Needed at home to care for a child under age six because there is no other person able to care for the child. The child's age and presence in the home must be verified.

5. Age 55 or over. Age must be verified.

6. For a period not to exceed two years, a high school student who attends school at least 15 hours per week and whose educational needs render him/her unavailable for regular employment. The individual must be able to complete his/her schooling within two years of the application filing date. Students must maintain satisfactory school attendance while receiving General Assistance. School enrollment, attendance, and the anticipated date of graduation must be verified. High school status also includes students enrolled in a high school equivalency program.

Note: Individuals may receive GA based on school attendance for a period not to exceed two years. The two- year period begins with the original date of eligibility. GA benefits will terminate at the end of two years even if schooling has not been completed. Married or unmarried couples who have no children living with them must both be unemployable as explained above in order for both partners to be included in the assistance unit.

16 Del. Admin. Code § 3000-3019