16 Del. Admin. Code § 3000-3032

Current through Register Vol. 28, No. 7, January 1, 2025
Section 3000-3032 - Diversion Assistance

Administrative Notice A-05-2004.

Diversion Assistance is intended to help a family through a financial problem which jeopardizes employment and which, if not solved, could result in the family needing regular ongoing assistance. When the primary case worker and the client agree that the one-time payment will alleviate the crisis, Diversion Assistance will be explored. The Diversion Assistance payment will not exceed $1,500 or the financial need resulting from the crisis, whichever is less.

Diversion Assistance is not a supplement to regular assistance but is in place of it. Diversion Assistance is available to both applicant and recipient families.

3032.1.1 Eligibility for Diversion Assistance

The eligibility requirements for Diversion Assistance are as follows:

The parent must be living with his/her natural or adopted child(ren).

The family has not received a Diversion Assistance payment in the past 12 months.

The Diversion Assistance amount will alleviate the crisis.

The parent (a) is currently employed but having a problem which jeopardizes the employment; or (b) has been promised a job but needs help in order to accept the job.

The family's income would qualify the family for TANF as a recipient household. (NOTE: When calculating eligibility for Diversion Assistance the family is given the "$30 plus 1/3" disregard, if applicable and the family's net income is compared to the Standard of Need.)

The family's resources would qualify the family for TANF

3032.1.2 Verification Requirements
A. The following items will be verified:

The identity of the parent making application for Diversion Assistance.

Alien status

The family's income.

The employment or offer of employment.

The cost of services for eliminating the barrier to employment.

B. The following items will be accepted by declaration:

The Social Security numbers of the family members.

The date of birth of family members.

The relationship of family members.

The family's resources.

Delaware residency.

Citizenship

Child care expenses.

3032.1.3 Items/Services Covered
A. The Diversion Assistance payment may be used for items and/or services such as but not limited to:

. Transportation (such as vehicle repairs, tires, insurance, driver's license fee, gas, etc.),

. Clothing such as uniforms or other specialized clothing and footwear or other employment-related apparel,

. Tools and equipment,

. Medical expenses not covered by Medicaid (for example, eye glasses),

. Union dues, special fees, licenses or certificates,

. Up-front costs of employment such as agency fees and testing fees,

. Unpaid child care expenses which, if they remain unpaid, preclude the provision of future child care,

. Relocation expenses for verified employment in another county or state. These expenses may include:

. Moving equipment rental, gas, and lodging for the days of the move,

. First month's rent, rental and utility deposit.

B. If transportation is the issue an expectation is that there is a discussion with the person regarding the cost effectiveness of repairing a vehicle versus purchasing a used vehicle or a new vehicle. We can authorize diversion assistance to be used as a down payment for purchasing a new vehicle.
C. If the diversion assistance payment is requested for the down payment on a vehicle several things must be considered in determining if it is approved. DSS will need to determine if the family's income will be enough to meet the regular household expenses such as rent, utilities, and food, as well as the costs involved with owning and maintaining a vehicle. The costs of owning the vehicle include gas to fuel this vehicle, monthly payments, vehicle insurance and maintenance. Consider that fuel costs can vary based on the price of gas and the amount needed to drive to and from work and other daily life activities when the customer and DSS determines the potential monthly expense.
D. The Division of Vocational Rehabilitation has an Independent Living Program that will assist with home modifications and vehicle modifications. They will not purchase the vehicle. The only requirement is that they are disabled. They operate on a first come first serve basis and maintain a waiting list. If an individual has another agency to assist in the cost sharing they do get served more quickly. If we assisted in the purchase of the vehicle they would consider this a cost share. We would see if we could have the customer purchase an unmodified vehicle and then have DVR help with the modification. Then compare the DVR estimate in determining if the person could still accept or retain employment with the expected wait for the modification. Call 302-378-5779, if you have a situation for which this program may be beneficial.
E. Use the following guide to determine if the purchase request is fiscally sound and can be reasonable afforded.
1. Monthly Take Home Pay: $_______
2a. Basic Living Expenses:

Mortgage or Rent $_____

Utilities _____

Food _____

Clothing _____

Home/Renter Insurance _____

Medical Expense _____

Vehicle Maintenance _____

Vehicle Insurance _____

Gas for Vehicle _____

School Supplies _____

Household Expenses _____

Dependent Care Expenses _____

Other Regular Expenses _____

2b. Total Basic Expenses _____ _______

(copy total into second column)

3. Subtract line 2b from line 1 _______

(take home pay minus basic living expenses)

4. Divide the amount in line 3 by 3 _______

(money left after basic living expenses ÷ 3

. Monthly take home pay is the after-tax net income received.

. School supplies include the following: pens, pencils, notebooks, field trips.

. Household expenses include, but are not limited to, the following: cleaning supplies, furniture, laundry cost, napkins and tissues.

. Utilities include the following expenses: gas and/or electric, heating and cooling, sewer, water, trash disposal and telephone.

. Dependent care expenses are monthly costs for child care, after school care, or adult care.

. Other regular monthly expenses includes all other items for which a regular monthly payment is made such as credit card purchases, personal entertainment, newspaper delivery or cellular telephone charges.

The money in line 4 is how much can be safely spent on monthly payments each month. This guide is to be used anytime when the diversion request will result in the person making monthly payments to complete the purchase.

The Delaware Money School considers the following good money management. Spending from housing costs are @40%, utilities are @10%, food and other grocery items are @15%, travel and transportation costs are @15%, savings should be @10% and miscellaneous costs of clothing, medical, cleaning and bath supplies, etc. to be @10% of the take home pay.

NOTE:

It is not for DSS to provide a down payment on a luxury class new vehicle when other suitable less expensive and reliable vehicles for purchase are available. For instance, assuming that a specially equipped vehicle is not needed and the number of family members can be seated properly in the average vehicle, a request for a down payment on a new $30,000 Lexus is to be denied since there are may new vehicles that would fit the needs of the requester and provide reliable transportation for much less than that amount. That said, DSS will not set a monetary value on the vehicle to be purchased due to needs such as large family size or medically necessary specially equipped vehicles that will increase the cost of a vehicle. If all other eligibility and cost consideration factors are met and using the guide above the family can afford a $20,000 Toyota, diversion assistance can be approved, if all that is needed is money for a down payment.

Documentation Required:

The payment document can be in the form of an invoice, bill, or cost estimate. It needs to be on the vendor's letterhead. All payment documents must include the name, address, and telephone number of the vendor and an original "live" signature. This information is necessary to ensure that proper fiscal accountability procedures are followed.

For automobile purchases or down payments the amount of purchase, year, make, model, and vehicle identification number (VIN) must be included on the payment document.

A check is issued to the vendor only. Make sure the customer name, customer address, MCI number, time period, the specific needs of the family, and the vendor's name and address are sent with the written estimate(s). The unit supervisor will then approve the diversion payment. The supervisor will sign the approval form. Keep a copy for the file. Forward the information to DSS Fiscal Office. The information will then be added to a database that will keep track of all diversion payments made. Staff will screen families through this data base to make certain a person has not received Diversion Assistance during a time period that makes the family ineligible for it again or Delaware's TANF program. The mailing address of the DSS Fiscal Office is:

Division of Social Services

Fiscal Office: Attention Diversion Assistance

Herman Holloway Sr. DHSS Campus 1901 N. DuPont Highway - Lewis Building

New Castle DE 19720

H150

DSS does not make any claims as to the quality of service provided, work performed, or goods delivered. It is up to the diversion assistance requester to seek remedy if the quality or performance is substandard. If the service provided, work performed, or goods delivered is of substandard quality. DSS will make attempts to stop payment on checks written, when able, and will provide copies of canceled checks to verify payment was made to the vendor in question if needed. It is up to the diversion assistance recipient to verify the quality was substandard. Diversion assistance will not be re-approved in a case in which the vendor has cashed the check unless good cause is claimed, the person verifies that they are taking legal means to have the situation rectified, and the request is approved by the Chief of Operations.

3032.1.4 Diversion Assistance Payments Diversion Assistance payments will be made to a third party vendor, not the parent.
3032.1.5 Diversion Assistance and TANF Cash Assistance

When the parent receives Diversion Assistance (s)he agrees to forego TANF cash assistance as follows:

$0 through $500.99 for 1 month.

$501 through $1,000.99 for 2 months.

$1,001 through $1,500 for 3 months.

3032.1.6 Good Cause

The once a year limitation on Diversion Assistance and the period of ineligibility can be eliminated when good cause exists. Good cause exists when circumstances beyond the client's control make re-application for Diversion Assistance or TANF necessary. Examples of good cause are the employer lays off the parent or a serious illness forces the parent to stop working.

3032.2 Eligibility For Other Programs
A. Medicaid Eligibility

The family is eligible for TANF related Medicaid in the month in which the Diversion Assistance payment is made. The family would remain eligible for Section 1931 Medicaid (TANF-related Medicaid) until the family's income exceeds the standard of need. If the family's income exceeds the standard of need because of increase earnings or loss of the "$30 plus 1/3" disregard and the parent is working, the family may be eligible for Transitional Medicaid.

B. Child Care

Diversion Assistance does not count as income in the child care programs.

C. Child Support

The family will not have to assign child support to the state. Child support received by the parent or the Division of Child Support Enforcement (DSCE) will belong to the family. DCSE will not use child support to offset or reimburse the Diversion Assistance.

16 Del. Admin. Code § 3000-3032