Mo. Code Regs. tit. 13 § 40-2.310
Current through Register Vol. 49, No.12, June 17, 2024
Section 13 CSR 40-2.310 - Requirements as to Eligibility for Temporary AssistancePURPOSE: The department is amending this regulation by adding new requirements and clarifying language. Overall, the regulation was amended to update the program terminology and to clarify wording used in the existing regulation to reflect current practice and definitions.
PURPOSE: This rule establishes the requirements for eligibility for Temporary Assistance (TA).
(1) All participants shall meet the eligibility requirements set forth in this rule to qualify for receipt of Temporary Assistance (TA): (A) Each participant and each dependent child shall be a resident of the state of Missouri; and(B) A United States citizen; or(C) A qualified alien as defined in section 1641 of Title 8, United States Code, except as otherwise provided herein. Except as provided in section 1622(b) of Title 8, United States Code, a qualified alien who enters the United States on or after August 22, 1996, is not eligible for TA benefits for a period of five (5) years beginning on the date of the alien's entry into the United States. Qualified aliens who have entered the United States on or after August 22, 1996, and who do not meet the time limit exception, may be eligible for TA after a period of five (5) years beginning on the date of the qualified alien's entry into the United States. An alien who is not a qualified alien under sections 1641 or 1622(b) of Title 8, United States Code shall be ineligible to receive TA benefits. If an alien who is not eligible to receive TA benefits is found to be on the TA rolls, then his or her benefits will be terminated and his or her case will be closed. If a participant in the TA program is not a qualified alien or does not otherwise fall within the exception set forth in section 1622(b) of Title 8, United States Code, then the participant's application for TA will be denied;(D) A participant shall provide all Social Security numbers for each parent, caretaker, and child for whom benefits are being requested, and shall be required to cooperate with the division to obtain Social Security numbers;(E) The participant shall use the assistance provided under the Temporary Assistance program for the benefit of the child or children;(F) Any household member receiving Supplemental Security Income (SSI) shall not be eligible for TA for themselves. The income, expenses, and resources of the SSI recipient are excluded when determining the eligibility of the household. The individual shall be excluded for purposes of determining household size;(G) The participant shall meet all other eligibility requirements contained in 13 CSR 40-2.300 through 13 CSR 40-2.370 and 13 CSR 40-2.400 through 13 CSR 40-2.450;(H) Beginning August 28, 2015, any parent or caretaker who applies for TA under these regulations shall first complete a standardized orientation which informs participants of the program's rules and requirements, available resources for work activities, and consequences if the program's requirements are not satisfied. Any parent or caretaker who is applying for TA benefits for himself or herself shall sign a Personal Responsibility Plan in which he or she commits to participate in the program and specifies the work activities in which he or she will participate;(I) Beginning August 28, 2015, any parent or caretaker whose TA case is closed due to work activity sanctions under these regulations shall first perform work activities for an average of thirty (30) hours per week in a one- (1-) month period before qualifying for TA again, unless such individual is otherwise exempt from work activities as provided for in these regulations; and(J) Beginning January 1, 2016, any parent or caretaker who applies for TA benefits under these regulations shall complete an online job registration before receiving any payment of TA.(2) Application for benefits and timely determination of eligibility for benefits will comply with sections 208.060 and 208.070, RSMo, and 13 CSR 40-2.010. In TA cases where an eligible individual does not receive his or her first payment for the month in which the thirtieth day after application falls, a delayed payment will be made for that month and any later months that passed before the application was approved.(3) A participant is not eligible for Temporary Assistance if his/her total countable resources exceeds one thousand dollars ($1,000). If the participant is participating in an Individual Employment Plan as defined in 13 CSR 40-2.370, the resource limit is five thousand dollars ($5,000). This policy applies to a child and to a parent(s), or to step-parents, or if included in the grant, a needy non-parent caretaker relative or legal guardian with whom the child is living. Resources considered in determining eligibility for TA, and how the value of those resources is determined, shall be as follows, unless otherwise defined in sub-paragraph (8)(B)1.D.:(A) Property of any kind or character which the participant owns or possesses, or has an interest in, of which s/he is the record or beneficial owner, less encumbrances of record: 1. The value of a life insurance policy at any time shall be the cash surrender value of the policy, minus the amount of any lien, loan, accrued interest payments, or assigned portion of the policy;2. The value of a qualified tuition program (as defined at section 529 of Title 26, United States Code) and Individual Development Account (as defined at section 604(h) of Title 42, United States Code) does not count toward a person's eligibility for Temporary Assistance; and3. The total amount on deposit in a joint bank account of which the participant is one (1) of the owners is considered as available to the participant, unless there is verification that the money placed in the account, or a definite portion of it, belongs to the other joint owner, who is not applying for or receiving TA. When both or all the owners of a joint bank account are applying for or receiving assistance, each is considered as owning his/her proportionate share of the account. If the participant states s/he has not deposited any portion of the money in the account, and past circumstances of the participant indicate that this is reasonable, the total amount on deposit will not be considered as available to the participant;(B) For purposes of the Temporary Assistance program, personal property is defined as household goods, jewelry, farm surpluses, livestock, farm or business machinery or equipment, automobiles, trucks, and similar items;(C) Real Property: 1. When a participant owns real property that is not furnishing shelter for him/her, the property shall be considered a resource, subject to the exceptions in paragraph 2. of this subsection. The countable value of the property is its current market value less encumbrances of record. The value of countable real property shall be counted as part of the combination of available resources in determining eligibility for TA;2. Real property in which the participant has lived will be counted as a resource the month after the month in which it is vacated for other than a temporary purpose, unless the spouse from whom the participant is separated and the participant own the home jointly and the spouse continues to remain in the home. In this case, the home and forty (40) acres adjoining will not be included in determining equity in resources as long as the spouse remains in the home. In the event of divorce, the equity in the property must be considered as a resource immediately;3. If a participant or legally married couple owns more than one (1) piece of property, they shall be required to designate one (1) as their homestead, and the other real property shall be considered an available resource. Also, when two (2) participants marry and each owns a home in which s/he has been living, they will be required to designate one (1) of the properties as their homestead, and the other shall be considered as an available resource;4. The land on which the home is located, up to forty (40) acres, is considered a part of the home as long as the land is adjoining, in the same city block, and there is no other dwelling on the forty (40) acres; or5. The land on which the home is located up to forty (40) acres, which is part of a farming unit, will be considered as part of the home so long as the land is adjoining and there is no other dwelling on the forty (40) acres. Property will be considered as adjoining even though a road may separate two (2) tracts, if the property is farmed as a single unit; and6. All other real property will be included in determining the one thousand dollar ($1,000) limitation for participants, or the five thousand dollar ($5,000) limitation for participants in Individual Employment Plans;(D) There shall be disregarded any prearranged funeral or burial contract, or any two (2) or more contracts, which provide for the payment of one thousand, five hundred dollars ($1,500) or less per family member. The face value of an irrevocable burial contract is not a countable resource; however, it will always be counted toward the one thousand, five hundred dollar ($1,500) exemption. The face value of a revocable funeral or burial contract is a countable resource, minus the one thousand, five hundred dollar ($1,500) exemption. If the same household member is the beneficiary of both an irrevocable prearranged contract and one (1) or more revocable prearranged contracts, the one thousand, five hundred dollar ($1,500) exemption must be applied to the irrevocable contract first. If the irrevocable contract's cash value is less than one thousand, five hundred dollars ($1,500), the remainder of the exemption can be applied to the revocable contracts;(E) A participant may not own resources with equity greater than one thousand dollars ($1,000), and a participant in an Individual Employment Plan may not own resources with equity greater than five thousand dollars ($5,000); however, the following types of personal property will not be counted as a resource: 1. Tools, supplies, livestock, farm surplus, and similar items being used by the participant in the course of his/her business. This does not include business or farm machinery;2. Household furnishings, household goods, and personal effects used by the participant;3. The first automobile shall be excluded, plus one thousand, five hundred dollars ($1,500) equity in a second automobile; and4. For participants only, earned income retained in an individual development account (as defined at section 604(h) of Title 42, United States Code);(F) Any combination of more than one thousand dollars ($1,000) for a household, and five thousand dollars ($5,000) for households in which participants have signed Individual Employment Plans, would make the family ineligible. (4) In applying earned income exemptions the following definition of "earned income" will be used: (A) The term "earned income" encompasses income in cash or in kind earned by a needy individual through the receipt of wages, salary, commissions, or profit from activities in which s/he is engaged as a self-employed individual or an employee. Such earned income may be derived from his/her own employment, such as a business enterprise or farming, or derived from wages or salary received as an employee. It includes earnings over a period of time for which settlement is made at one given time, as in the instance of sale of farm crops, livestock, or poultry. In considering income from a farm operation, the option available for reporting under Old Age Survivor's and Disability Insurance (OASDI), namely the "cash receipts and disbursements" method, (i.e., a record of actual gross expenses and of net) is an individual determination and is acceptable also for Temporary Assistance. With reference to commissions, wages, or salary, the term "earned income" means the total amount, irrespective of personal expenses, such as income tax deductions, lunches, and transportation to and from work. With respect to self-employment, the term "earned income" means the total profit from business enterprise, farming, etc., resulting from a comparison of the gross income received with the "business expenses" (i.e., total cost of the production of the income). Personal expenses, such as income tax payments, lunches, and transportation to and from work, are not classified as business expenses;(B) The definition shall exclude the following from "earned income":1. Returns from capital investment with respect to which the individual is not him/herself actively engaged, as in a business (for example, under most circumstances, dividends and interest would be excluded from "earned income"); and2. Benefits (not in the nature of wages, salary, or profit) accruing as compensation, or reward for service, or as compensation for lack of employment (for example, pensions and benefits, such as United Mine Workers' benefits or Veterans benefits); and(C) With regard to the degree of activity, earned income is income produced as a result of the performance of services by a participant; in other words, income which the individual earns by his/her own efforts, including managerial responsibilities, would be properly classified as earned income, such as management of capital investment in real estate. Conversely, for example, in the instance of capital investment wherein the individual carries no specific responsibility, such as where rental properties are in the hands of rental agencies and the check is forwarded to the participant, the income would not be classified as earned income.(5) Temporary Assistance shall be granted on behalf of eligible child(ren) in otherwise eligible families. TA may be granted to the parents or other needy relatives caring for a child or children meeting all eligibility criteria, and who- (A) Are deprived of parental support or care for the following reasons:2. Continued absence from, or never living in, the home;3. Physical or mental incapacity of a parent when the incapacity is expected to last at least thirty (30) days and is of such a debilitating nature as to substantially reduce or eliminate the parent's ability to support or to care for the child. Physical or mental incapacity shall be certified by a competent medical or other appropriate authority designated by the division. Such certification is declared to be competent evidence in any proceedings concerning the eligibility of the participant to receive TA. Physical or mental incapacity can also be verified by the parent's receipt of Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI);6. Confinement in a penal, medical, or custodial institution;7. A physical restoration or training program developed by vocational rehabilitation, if the plan necessitates absence of a parent from the home; or8. Financial need due to a lack of adequate income to properly provide for the needs of the child(ren), as determined in subsection (8)(B) of this rule;(B) Are not deprived of parental support due to the parent's participation in a strike; and(C) Are living with a relative limited to the following: the child's father, mother, grandfather, grandmother, brother, sister, stepfather, or stepmother (but not their parents), stepbrother, stepsister, uncle, aunt, first cousin, first cousin of a parent, nephew, niece, adoptive father, or adoptive mother, grandfather-in-law, or grandmother-in-law (meaning the spouse of a second marriage of one (1) of the child's biological grandparents), greatgrandfather, or great-grandmother (including great-great grandfather or great-great grandmother), brother or sister of half-blood; adoptive brother or adoptive sister, brother-in-law or sister-in-law, uncle or aunt of the half blood; uncle-in-law or aunt-in-law, great-uncle or great-aunt (including great-great uncle or great-great aunt). Relatives by adoption, in addition to those specifically mentioned here, may be considered eligible payees within the same degree of relationship as applies to blood relatives. The biological relatives of an adopted child also continue to be eligible payees. A legal guardian may also serve as a payee for TA, and if the legal guardian is otherwise eligible, may be eligible for a cash payment.(6) Unless it is being used to refer to the physical dwelling owned by a participant, "home" shall be a family setting maintained or in the process of being established as evidenced by the assumption or continuance of responsibility for the child. A home exists as long as the parent or relative takes responsibility for the care and control of the child, even though circumstances may require temporary absence of either the child or the parent (or relative) from the customary family setting, subject to 13 CSR 40-2.365.(7) For the purpose of the administration of Temporary Assistance, payments shall be defined as payments by electronic or other means made to the payee, at regular monthly intervals. TA benefits will be made available on the same schedule as indicated in 13 CSR 40-2.150.(8) Determining the Amount of Cash Payments. (A) The size and composition of the TA household is determined under the definition in 13 CSR 40-2.300.(B) Consideration of available income to determine whether a need for TA exists- 1. In TA cases, all income of the following persons who are in the household, irrespective of subsection (8)(A), shall be considered in determining whether the children (including stepchild) are in need, and if so, the amount of that need: B. Parents of one (1) or more of the eligible children;C. Any needy non-parent caretaker relative or related or unrelated guardian if they desire to be included in the assistance group and are eligible for inclusion;D. New spouse and stepparent income: (I) Upon the marriage of a TA recipient, the division will disregard the income and resources of the TA recipient's new spouse for six (6) consecutive TA months. Only months in which a TA benefit is paid to the recipient will be counted toward the six (6) consecutive months. The disregard begins the first month following the marriage date, in which benefits would have been reduced without the application of this disregard. The TA recipient cannot receive this disregard again if he or she remarries. The TA recipient shall provide proof of a valid marriage to the division;(II) Except as otherwise excluded in part D.(I) of this subparagraph, the income of a stepparent living in the same home as an eligible child counts toward the TA household's eligibility, insofar as it exceeds the sum of-(a) The first ninety dollars ($90) of the stepparent's earned income, for such month;(b) The Standard of Need for a family of the same composition as the stepparent and those other individuals living in the same household as the dependent child, and claimed, or who could be claimed, by such stepparent as dependents for purposes of determining the stepparent's federal personal income tax liability, but whose needs are not taken into account;(c) Amounts paid by the stepparent to individuals not living in such household and claimed by him/her as dependents for purposes of determining the stepparent's federal personal income tax liability; and(d) Payments by such stepparent of court-ordered alimony or child support with respect to individuals not living in such household;(III) Dissolution of a marriage severs the legal relationship of the stepparent to the stepchild unless legal guardianship is established by the court.E. The income of any biological or adoptive brother or sister of an eligible child, if such brother or sister meets the conditions described in 13 CSR 40-2.310(4) and 13 CSR 40-2.325(1)(A) 1. and 2., and is living in the home;F. With respect to a parent or legal guardian who is under age eighteen (18) with an eligible child, the income of such minor parent's own parents who are living in the home shall be included to the same extent that the income of a stepparent is included (see part (8)(B)1.D.(II) above). The minor parent's earned income shall be disregarded up to one hundred percent (100%) of the federal poverty level; andG. Income of all other persons in the household will be considered in the amount made available to the household.2. In computing the income of a participant, or of the household of which s/he is a member, only that income which is available during the period under consideration shall be taken into account. To be considered as available, the income shall actually and presently exist (not to be a potential or remote income) and shall be sufficient to have some appreciable significance in meeting the immediate requirements of the participant.(9) Earned Income Exemption. (A) In determining need and amount of grant for participants of Temporary Assistance, the following earned income exemptions will apply, and these amounts will be disregarded in determining the amount of income available to meet the family's needs: 1. All of the earned income of any child receiving Temporary Assistance will be exempted if the child is a full-time student or is a part-time student who is not a full-time employee;2. The first ninety dollars ($90) of each participant's gross earned income will be disregarded;3. An amount equal to the first thirty dollars ($30) of the actual total of each participant's earned income not already disregarded in the preceding provisions of this subsection (9)(A) plus one-third (1/3) of the remainder thereof for four (4) consecutive months;4. An amount equal to thirty dollars ($30) of the total of each participant's earned income not already disregarded in the preceding provisions of this subsection (10)(A), for an eight- (8-) month period following the fourth consecutive month of the disregard provided for in paragraph (10)(A)3.;5. An amount equal to expenditures for care in such month shall be disregarded from earned income for an eligible child, or an incapacitated individual living in the same home as the child, receiving Temporary Assistance and requiring such care for such month, to the extent that such amount for each such child or incapacitated individual does not exceed one hundred seventy-five dollars ($175) for children age two (2) and over, or two hundred dollars ($200) for children under two (2) years of age; and6. All of the earned income of a parent who is under the age of nineteen (19) and is a full-time student in a secondary school or equivalent program of education or training.(B) The disregards applied against the earned income outlined in subsection (9)(A) shall not be applied to the earned income of any person who- 1. Terminated his/her employment or reduced his/her earned income without good cause within such period of not less than thirty (30) days preceding such month;2. Refused without good cause, within such thirty- (30-) day period, to accept employment in which s/he is able to engage, which is offered through the public employment offices of the state or is otherwise offered by an employer, if the offer of the employer is determined by the division or agency designated by the division, after notification by the employer, to be a bona fide offer of employment; and3. Failed without good cause to make a timely report to the division of earned income received in such month.(C) The disregards applied against earned income as provided for in subsection (9)(A) are subject to the following requirements:1. The exclusion of a child's earned income in paragraph (9)(A)1. shall be applied when determining need for up to six (6) months within the calendar year of January through December, and thereafter shall not be applied if the income without applying this disregard was in excess of the standard of need;2. The thirty dollar ($30) plus one-third (1/3) disregard in paragraph (9)(A)3. shall not be applied if the income without applying this disregard was in excess of the standard of need, unless the person received TA in one (1) or more of the four (4) preceding such months, and this disregard has not already been applied to his/her income for four (4) consecutive months while s/he was receiving TA. If this disregard provided for in paragraph (9)(A)3. has been applied for four (4) consecutive months, the disregard shall not be applied for as long as the person continues to receive TA, and shall not apply until the expiration of a period of twelve (12) consecutive months during which the person is not a recipient of TA; and3. The thirty dollar ($30) disregard in paragraph (9)(A)4. shall be available only for the eight- (8-) month period following the fourth consecutive month of the disregard provided for in paragraph (9)(A)3. If the eight- (8-) month period for the disregard provided for in paragraph (9)(A)4. has expired, the disregard shall not be applied for as long as the person continues to receive TA, and shall not apply until the expiration of a period of twelve (12) consecutive months during which the person is not a recipient of TA.(D) The division shall apply the two-thirds (2/3) earned income disregard, consistent with section 208.040.5(1), RSMo. The two-thirds (2/3) disregard shall apply for no more than twelve (12) consecutive months. Once the two-thirds (2/3) disregard is applied for twelve (12) consecutive months, the individual is not eligible for the two-thirds (2/3) disregard until the individual does not receive TA for twelve (12) consecutive months. The two-thirds (2/3) disregard is applied prior to allowing the thirty dollars ($30) plus one-third (1/3) disregard as defined in paragraph (9)(A)3.(10) 185% Test. No family shall be eligible for TA if for that month, the total income of the family (other than Temporary Assistance benefits), without application of the earned income disregards provided for in paragraphs (9)(A)2.-5. and for up to six (6) months within the calendar year of January through December with application of the earned income disregard provided for in paragraph (9)(A)1., equals or exceeds one hundred eighty-five percent (185%) of the Standard of Need for a family of the same composition.(11) Standard of Need Test. No family shall be eligible for TA if, for that month, the total income of the family (other than TA benefits), without application of the earned income disregards provided for in paragraphs (9)(A)2.-5., except paragraphs (9)(C)1. and 2. would have application, and for up to six (6) months within the calendar year of January through December with application of the earned income disregard provided for in paragraph (9)(A)1. equals or exceeds the Standard of Need for a family of the same composition.(12) Percentage of Need Test. No family shall be eligible for TA if for that month, the total income of the family (other than TA benefits), after application of the earned income disregards provided for in section (9), equals or exceeds 34.526% of the Standard of Need.(13) When considering an application for TA, the income tests in sections (10), (11), and (12) must each indicate income below the respective standard. To be eligible, income shall be less than- (A) 185% of the Standard of Need when applying the 185% Test;(B) The Standard of Need for the Standard of Need Test; and(C) 34.526% of the Standard of Need for the Percentage of Need Test. If the household is determined eligible after application of the tests in sections (10), (11), and (12), the grant amount will be the deficit determined in the Percentage of Need Test. The table below indicates the maximum grant amount by application of the Percentage of Need (34.526%) to the Standard of Need, according to household size.
No. of Persons: | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
Standard of Need: | 393 | 678 | 846 | 990 | 1123 | 1247 | 1372 | 1489 | 1606 | 1722 | 1839 |
34.526% of Need: | 136 | 234 | 292 | 342 | 388 | 431 | 474 | 514 | 554 | 595 | 635 |
| | | | | | | | | | | |
No. of Persons: | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 |
Standard of Need: | 1956 | 2072 | 2188 | 2304 | 2420 | 2536 | 2652 | 2768 | 2884 | 3000 | 3116 |
34.526% of Need: | 675 | 715 | 755 | 795 | 835 | 875 | 915 | 955 | 995 | 1035 | 1075 |
(14) In the payment of TA benefits, the amount shall always be lowered to the nearest dollar interval. If the determined amount results in a grant of less than ten dollars ($10), no cash payment will be made.(15) In TA cases, the initial assistance payment must be prorated when the case is approved in the same month as the filing of the application. The payment will be determined by multiplying the amount payable for a whole month by the ratio of the days in the month from the date of application to the end of the month to the number of days in a standard thirty- (30-) day month.(16) Legal immigrants meeting the eligibility criteria for TA, who would be eligible for food stamps but for the passage of P.L. 104-193, effective August 22, 1996, may be eligible for nutrition assistance calculated by use of the Food Stamp budgeting process set forth in section 2014 of Title 7, United States Code.(17) Participants who meet the definition of a TA household must have their eligibility explored under TA (except under emergency situations when General Relief orders may be utilized) before having their eligibility for General Relief explored, if funds have been appropriated to the General Relief program. Any participant whose eligibility has been explored under TA and is found to be ineligible for TA cash payments because of the following reasons shall be ineligible for General Relief: (A) The person refuses to cooperate in establishing his/her eligibility for TA, including persons who refuse to apply for a Social Security number, refuse to participate in work activities, refuse to enter into an individual employment plan, refuse to make an assignment of support rights, refuse to cooperate in the identification of absent parents, and refusal to cooperate for any other reason;(B) Relationship to the payee who is not a legal guardian cannot be established for children under eighteen (18);(C) The budget shows no need;(D) The available resources exceed the maximum allowed; or(E) The children are not deprived of parental support.(18) A participant who is aggrieved by a decision of the division under this regulation may appeal the division's decision pursuant to section 208.080, RSMo.(19) The confidentiality provisions of 13 CSR 40-2.180 apply to the TA program.(20) The provisions of 13 CSR 40-2.190, regarding the collection of overpayments, apply to the TA program.(21) The provisions of 13 CSR 40-2.230, regarding the disposal of excess real property, apply to the TA program.(22) By submitting information to the division, a participant is certifying that the information is true, accurate, and complete. AUTHORITY: sections 207.020, RSMo 2000 and 208.040.5, RSMo Supp. 2003.* Emergency rule filed Feb. 18, 1998, effective March 1, 1998, terminated Aug. 10, 1998. Original rule filed Jan. 16, 1998, effective Aug. 1, 1998. Emergency amendment filed July 22, 2003, effective Aug. 1, 2003, expired Jan. 27, 2004. Amended: Filed Jan. 23, 2004, effective July 30, 2004. Amended by Missouri Register March 1, 2016/Volume 41, Number 05, effective 4/30/2016*Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955, 1969, 1982, 1985.