S.C. Code Regs. § § 114-1130

Current through Register Vol. 48, No. 10, October 25, 2024

Section 114-1130 - Non-Financial Criteria

A. Relationship. A child may be considered to meet the requirement of living with a specified relative if his or her home is with a parent or a person in one of the following groups:

(1) Any blood relative, including those of half-blood, and including first cousins, first cousins once removed, nephews, or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great.

(2) Stepfather, stepmother, stepbrother, and stepsister.

(3) Persons who legally adopt a child or his parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with State law.

(4) Spouses of any persons named in the above groups even after the marriage is terminated by death or divorce.

B. Filing Unit. In order for the family to be eligible, an application with respect to a dependent child must also include, if living in the same household and otherwise eligible for assistance:

(1) Any natural or adoptive parent, and

(2) Any blood-related or adoptive brother or sister including those of half-blood; Exception: needs of disqualified alien siblings are not considered in determining the eligibility and payment of an otherwise eligible dependent child, and

(3) A stepparent living in the home. The stepparent's income may be reduced by any child support paid to legal dependents outside the home.

(4) When an individual who is required to be included in the assistance unit pursuant to paragraphs (1) and (2) above is also required to be included in another assistance unit, those assistance units must be consolidated, and treated as one assistance unit for purposes of determining eligibility and the amount of payment.

(5) Unborn children are not included in the filing unit.

C. Residence. The Department will not impose any residence requirement which excludes any individual who is a resident of the State except as provided in paragraph (2) of this section. For purposes of this section, a resident of the state is one:

(1) Who is living in the State voluntarily with the intention of making his or her home there and not for a temporary purpose. A child is a resident of the State unless he or she is living here on a temporary basis. Residence may not depend upon the reason for which the individual entered the State, except insofar as it may bear upon whether the individual is here voluntarily or for a temporary purpose; or

(2) Who is living in the State and is not receiving assistance from another State.

D. Citizenship and Alienage. To be eligible for assistance the dependent child, the caretaker relative or any other person whose needs are considered in determining the need of the child claiming aid must be either:

(1) A United States citizen or a legal alien who entered the United States before August 22, 1996, or

(2) Belong to one of the following alien categories:

(a) Refugees, asylees, and those whose deportation is withheld (only for their first five years in the United States).

(b) Veterans, persons on active duty, and their spouses and unmarried dependent children.

(c) Immigrants who have worked in the United States for ten years.

E. Age. To receive assistance a dependent child must be under eighteen years of age or under nineteen years of age and a full-time student in a secondary school (or in the equivalent level of vocational or technical training).

F. Furnishing of Social Security Numbers. As a condition of eligibility, each applicant for or recipient of FI benefits will be required:

(1) To furnish to the Department a Social Security Account Number, hereinafter referred to as the SSN (or numbers, if more than one has been issued).

(2) If he cannot furnish a SSN (either because such SSN has not been issued or is not known), to apply for such number with the Social Security Administration (SSA). The applicant or recipient shall apply directly for such number, submit verification of such application, and provide the number to the Department upon its receipt.

(3) The Department will assist the applicant or recipient in making applications for SSN's and will comply with the procedures and requirements established by the Social Security Administration for application, issuance, and verification of SSN's.

(4) The Department will not deny, delay, or discontinue assistance pending the issuance or verification of such numbers if the applicant or recipient has complied with the requirements of paragraph (2) above.

(5) The State or local agency will use such account numbers, in addition to any other means of identification it may determine to employ, in the administration of the FI Program.

(6) "Applicant" and "recipient" include for the purposes of this section the individuals seeking or receiving assistance and any other individual(s) whose needs are considered in determining the amount of assistance.

(7) The Department shall notify the applicant or recipient that the furnishing of the SSN is a condition of eligibility for assistance and that the SSN will be utilized in the administration of the program.

(8) The Department will submit all unverified SSN's to the SSA for verification. The State agency may accept as verified a social security number provided directly to the State agency by SSA or by another Federal or federally-assisted benefit program which has received the number from SSA or has submitted it to SSA for verification.

G. Temporary Absence. The Department will not provide assistance for a minor child or caretaker relative who has been or is expected to be absent from the home for a period of thirty consecutive days or more; however, the casemanager may extend the absence for up to an additional sixty days if it is determined that a longer absence would serve the best interests of the family.

H. Notice Requirements. In cases of intended action to discontinue, terminate, suspend or reduce assistance or to change the manner or form of payment to a protective payment:

(1) The State or local department shall give timely and adequate notice, except as provided for in paragraphs (2) or (4) of this paragraph. Under this requirement:

(a) "Timely" means that the notice is mailed at least 10 days before the date of action, that is, the date upon which the action would become effective;

(b) "Adequate" means a written notice that includes a statement of what action the Department intends to take, the reasons for the intended departmental action, explanation of the individual's right to request a State agency hearing, the circumstances under which assistance is continued if a hearing is requested, and if the agency action is upheld, that such assistance must be repaid.

(2) The Department may dispense with timely notice but shall send adequate notice not later than the date of action when:

(a) The Department has factual information confirming the death of a recipient or of the FI payee when there is no relative available to serve as new payee;

(b) The Department receives a clear written statement signed by a recipient that he no longer wishes assistance, or that gives information which requires termination or reduction of assistance, and the recipient has indicated, in writing, that he understands that this must be the consequence of supplying such information;

(c) The recipient has been admitted or committed to an institution, and is ineligible for further payments;

(d) The recipient has been placed in skilled nursing care, intermediate care or long-term hospitalization;

(e) The claimant's whereabouts are unknown and agency mail directed to him has been returned by the post office indicating no known forwarding address. The claimant's check must, however, be made available to him if his whereabouts become known during the payment period covered by a returned check;

(f) A recipient has been accepted for assistance in a new jurisdiction and that fact has been established by the jurisdiction previously providing assistance;

(g) A FI child is removed from the home as a result of a judicial determination, or voluntarily placed in foster care by his legal guardian.

(3) When changes in either State law require automatic grant adjustments for classes of recipients, adequate notice of such grant adjustments shall be given which includes a statement of the intended action, the reasons for such intended action, and a statement of the circumstances under which a hearing may be obtained and assistance continued.

(4) When the Department obtains facts indicating that assistance should be discontinued, suspended, terminated, or reduced because of the probable fraud of the recipient, and, where possible, such facts have been verified through collateral sources, notice of such grant adjustment shall be timely if it is received by the date the action would become effective.

I. Institutional Status.

(1) Assistance is not available for any individual who is an inmate of a public institution, such as a correctional institution, juvenile detention facility, etc.

(2) Assistance is available for the month of entry and the following month for an individual who enters a medical institution or an institution for mental diseases.

(a) "Medical institution" means an institution which:

(i) Is organized to provide medical care, including nursing and convalescent care;

(ii) Has the necessary professional personnel, equipment, and facilities to manage the medical, nursing, and other health needs of patients on a continuing basis in accordance with accepted standards;

(iii) Is authorized under State law to provide medical care;

(b) "Institution for mental diseases" means an institution which is primarily engaged in providing diagnosis, treatment or care of persons with mental diseases, including medical attention, nursing care, and related services.

(3) Assistance is available for recipients who enter facilities operated by the Department of Alcohol and Other Drug Abuse Substances for the month of entry and the following month.

J. Minor Unmarried Parent. The Department requires a minor unmarried parent under age eighteen to live in the household of her parent, legal guardian, other adult relative or in an adult supervised supportive living arrangement (e.g., a foster home or maternity home) in order to receive FI benefits unless:

(1) The minor parent has no living parent or legal guardian whose whereabouts is known;

(2) No living parent or legal guardian of the minor parent allows the minor parent to live in his or her home;

(3) The minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the parent's having made application for FI;

(4) The physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent's parent or legal guardian;

(5) There is otherwise good cause for the minor parent and dependent child to receive assistance while living apart from the minor parent's parent, legal guardian, or other adult relative, or an adult-supervised supportive living arrangement.

(6) If a minor parent makes allegations supporting the conclusion that paragraph J(4) of this section applies, the Department shall determine whether it is justified.

(7) The circumstances justifying a determination of good cause include but are not limited to written statements from at least two corroborating persons showing that it is not in the best interest of the minor parent to live with his or her parents, legal guardian or in an adult-supervised supportive living arrangement.

(8) When a minor parent and his or her dependent child are required to live with the minor parent's parent, legal guardian, or other adult relative, or in an adult-supervised supportive living arrangement, then FI is paid (where possible) in the form of a protective payment.

(9) A minor parent applicant shall be informed directly about FI eligibility requirements including his or her rights and responsibilities under the program. He or she shall be told of the possible exemptions set forth in this section and be asked whether one or more of the exemptions is applicable to his or her situation. The Department will assist the minor in obtaining the necessary verification if one or more of these exemptions is alleged.

K. Denial of Benefits to Strikers. Participation in a strike shall not constitute good cause to leave, or to refuse to seek or accept employment.

(1) FI benefits will be denied to any family for any month in which any caretaker relative with whom the child is living is, on the last day of such month, participating in a strike; and

(2) No individual's needs shall be included in determining the amount of assistance payable for any month to a family under the plan if, on the last day of such month, such individual is participating in a strike.

(3) Definitions: "Strike" is defined by using the National Labor Relations Board definition ( 29 U.S.C. 142(2)) . For purposes of paragraph (1) above, "caretaker relative" means any natural or adoptive parent.

L. Identity and Proof of Residence. The Department shall require that all persons applying for assistance shall provide acceptable identification and proof of residence in the State.

M. Change Reporting Requirements. Family Independence applicants and recipients shall report the following changes within ten days:

(1) A change in the composition of the household;

(2) A change of address; or

(3) Obtaining a job or losing a job.

(4) Failure to report any of the above changes does not excuse the client from repayment of benefits in the situation where failure to report caused an overpayment of the FI benefit.

N. Child Support Requirements.

(1) Cooperation with Child Support.

(a) Applicants and recipients of FI must provide as a condition of receiving benefits:

(i) The first and last name of the absent parent and putative father and any known licenses as defined in 1976 Code Section 20-7-941(4); and

(ii) At least two of the following items on each absent parent and each putative father named: date of birth, SSN, last known home address, last known employer's name and address, or either of the absent parent's parent's name and address.

(iii) An applicant or recipient who fails to provide this information or who provides the names of two putative fathers, both of whom are excluded from paternity by genetic testing, is ineligible for assistance for herself and the child for whom parental information was not provided, unless the applicant or recipient asserts, and the Department verifies, there is good cause for not providing this information.

(b) Upon legal establishment of paternity of the child in question, FI benefits may be established or reinstated if all other eligibility requirements are met.

(c) If an applicant or recipient claims good cause for refusing to cooperate with child support requirements, the Department's determination of good cause is to be made within forty-five days from the day the good cause claim is made.

(d) If the Department determines that good cause exists, it also makes the determination of whether child support enforcement could proceed without risk of harm to the child or caretaker relative if the enforcement or collection activities would not involve their participation.

(2) Sanctions. If the applicant or recipient fails to provide the information requested in N(1)(a) above the parent and child for whom the information is requested are sanctioned by having their needs left out of the FI budget.

(3) Assignment of Rights to Child Support and Spousal Support. By the act of accepting FI benefits, the applicant assigns any right he or she has to child support or spousal support monies from responsible absent parents whose children are receiving FI benefits to the Department of Social Services in accordance with Section 43-5-65 of the 1976 South Carolina Code. The Department may take action to collect child and/or spousal support from absent parents with or without the permission of the applicant or recipient. The Department may retain these support collections up to the amount allowed under federal laws and regulations.

O. Time Limited Benefits.

(1) Family Independence benefits are limited to no more than twenty-four months in a one hundred twenty month period and to no more than sixty months in a recipient's lifetime.

(2) Twenty-four and sixty month time limits apply to benefit groups containing adult parent/caretaker relatives receiving benefits for themselves and minor children.

(3) Minor children living in the home with the adult caretaker under their daily parental care and guidance are ineligible for benefits within that family unit once the adult has received sixty months of FI regardless of the number of months of benefits the child(ren) has received.

(4) Once a minor child reaches age eighteen, he/she may apply to receive FI, and if eligible, may receive under the time limit standards without regard to the amount of FI he/she received as a child.

(5) Children who have received benefits and who are terminated due to the adult in the household reaching the time limit may not receive benefits in the care of another caretaker relative unless it is established that the child(ren) is abandoned. The presumption will be made by the Department that the child(ren) is not abandoned, except in the case of the death of the parent/caretaker relative. This presumption may be rebutted by the applicant only through the Fair Hearing process.

(6) Additional exceptions to the time limits set forth in paragraph P(1) above are as follows and as such do not cause the adult FI recipient to accumulate countable benefit months against the time limits:

(a) The head of household is permanently and totally disabled, whether physical or mental.

(b) The head of household is providing full-time care for a disabled individual in the home.

(c) The parent of the child for whom benefits are received is a minor under the age of eighteen who has not completed high school. Benefits may be provided for a period of up to twenty-four months after the minor parent attains age eighteen or completes high school, whichever occurs first.

(d) The individual is involved in an approved training program which will not be completed by the twenty-fourth month may receive up to a maximum six month extension of benefits. No extension may be granted beyond the thirtieth month except with the express permission of the county director. To be extended beyond thirty months, the recipient must be currently enrolled in a training or educational program, making satisfactory progress toward completion and completion of the program should provide the recipient entree to employment opportunities that provide a salary significantly above the federal minimum wage.

(e) The adult head of the household is not the parent of a child and is not included in the benefit group.

(f) The adult head of household is providing a home for and caring for a child whom the Department has determined to be abandoned by his/her parents and for whom the alternative placement is foster care. If the adult head of household is included in the FI benefit he/she must comply with all FI program requirements. If failure to comply results in termination of benefits, the Department will evaluate the case to determine whether or not the child(ren) should be placed in foster care. It the Department determines that the child(ren) should remain with the caretaker relative, a protective payee other than the caretaker relative must be appointed.

(g) Lack of child care when the Department is unable to provide child care for a recipient in accordance with Department established guidelines (the participant will be exempt from the time limit standard for the period of time the agency is unable to provide the service).

(h) Lack of transportation when the Department is unable to provide transportation for a recipient, who lives more than one and one-half miles from his/her work, training, education or child care destination, in accordance with agency established guidelines (the participant will be exempt from the time limit standard for the period of time the agency is unable to provide the service).

(i) [Reserved]

(j) The recipient can establish by clear and convincing evidence to the Department that the recipient has fully complied with the recipient's agreement with the Department including:

(i) Diligently seeking all available employment and following up on all employment opportunities known to the Department or related state agencies, for which the recipient is qualified.

(ii) Demonstrating a willingness to relocate.

(iii) Cooperating fully with all state agencies in order to strive to become gainfully employed; and the Department is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the Department shall conduct a review of the recipient's compliance with the requirements of this item. Under this review, benefits provided pursuant to this item may only be extended for a maximum of twelve additional months. At the end of the twelve month extension, further benefits may only be provided with the express permission of the county director who must certify that the person is engaged in education, training, or other employment-related activities.

(k) No sooner than sixty and not later than ninety days after an FI recipient's benefits are terminated under the time limits for the receipt of FI as provided for in this section, the Department shall conduct an assessment of and make recommendations, as appropriate, for the health and well-being of the children in the care and custody of the former FI recipient.

P. Protective Payee.

(1) Protective payments for money mismanagement are made to a protective payee when:

(a) the parent/caretaker relative fails to use the benefits to the best interest of the child. This occurs when the parent/caretaker relative has misused funds to the extent that a threat to the health or safety of the child exists. Also, the mismanagement is willful and consistent and the parent or caretaker relative is mentally and physically capable of learning and carrying out sound money management. The Department must provide the parent/caretaker relative counseling services aimed at improving money management.

(b) the parent/caretaker relative is not physically or mentally capable of learning money management.

(2) The representative payee may be removed when the parent/caretaker relative is considered able to manage the benefits. Protective payee cases will be reviewed at least every 12 months to determine if a protective payee should continue.

(3) Role of and appointment of the protective payee:

(a) The individual who agrees to act as protective payee for a recipient assumes a dual responsibility to the recipient and to the Department. In accepting an appointment, the protective payee assumes the obligation to see that the FI payment is spent for the benefit of the family and to work cooperatively with the Department in fulfilling this role. The protective payee is not responsible for: providing eligibility information; reporting changes; or completing the application.

(b) The selection of a protective payee will be made with the participation and consent of the recipient, to the extent possible. If it is in the best interest of the recipient for a staff member of the Department, of a private agency, or of any other appropriate organization to serve as a protective payee, such selection will be made preferably from the staff of an agency or that part of the agency providing protective services for families. The selection will not include: the county director of a local department administering the FI Program; staff involved in the determining financial eligibility of families; special investigative or resource staff; or staff handling fiscal processes related to the recipient; or landlords, grocers, or other vendors of goods, services, or items dealing directly with the recipient.

Q. Referral for Alcohol and Drug Treatment.

(1) The following recipients shall participate in an alcohol or drug treatment program approved by the Department of Alcohol and Other Drug Abuse Services (DAODAS) as part of their Individual Self-Sufficiency Plan (ISSP). The Department will refer to DAODAS for clinical assessment for participation in an alcohol or drug treatment program FI recipients who:

(a) Have been identified by a casemanager with concurrence from a supervisor as possibly being in need of alcohol or drug abuse treatment service using indicators provided by DAODAS;

(b) Have been convicted of an alcohol or drug related offense; or

(c) Give birth to a child who tests positive for drugs.

(2) Determination that substance abuse treatment is necessary will be made by appropriate clinical staff approved by DAODAS. Such staff will also assess the participant's compliance with the treatment program using recognized methods of assessment including, but not limited to, random testing. In no instance shall failure to pass a random test by itself constitute a non-compliance with treatment.

(3) The Department will monitor participants who complete the approved DAODAS treatment program using recognized methods of assessment including, but not limited to, random testing.

(4) Failure to pass such a random test for alcohol shall not constitute the basis for a sanction, but may constitute grounds for a review by a clinical professional who will determine if there are additional indicators of substance abuse or grounds for resumption of treatment.

(5) The Department may impose a full-family sanction for noncompliance with the ISSP participants who complete treatment and fail to pass a random test for use of illegal drugs.

(6) The Department may impose a full-family sanction for noncompliance with the ISSP participants who fail to complete a treatment program for alcoholism or substance abuse.

(7) Applicants who meet the criteria to be referred to DAODAS for alcohol or drug treatment but who refuse to be referred will have their FI application denied.

(8) The Department will keep records of an individual's alcohol and drug treatment participation confidential and will not release this information to law enforcement personnel.

R. Establishment of Paternity in the FI Program. Establishment of paternity in the FI program solely for the purpose of determining relationship to the child's alleged biological father and paternal relatives can be effected by the following methods:

(1) If the mother is available to give a statement, the person she names is considered to be the child's father, unless denied in a written statement by the alleged biological father.

(2) If the mother is not available (deceased, whereabouts unknown etc.) paternity can be established as follows, unless denied in a written statement by the alleged biological father.

(a) The child's birth certificate or other verification from the Department of Health and Environmental Control listing the father's name;

(b) A written statement from the alleged father acknowledging paternity;

(c) Written evidence that paternity has been proven in a judicial proceeding (divorce decree, child support order, etc.);

(d) The subsequent marriage, ceremonial or common-law, of the alleged father to the mother and his acknowledgment that he is the father of the child;

(e) Prior FI case file documentation of the mother's statement of the child's paternity;

(f) Prior FI case file documentation of the alleged father's acknowledgment of paternity;

(g) Social Security Administration records showing that benefits are being paid on the alleged father's account for the child; or

(h) Court records showing the mother had, under oath, asserted the father's identity, provided the court did not find the man not to be the father.

S. Data Collection and Reporting. The Department will collect and submit to the Secretary of the Department of Health and Human Services the data required in Section 411 of Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

S.C. Code Regs. § 114-1130

Added by State Register Volume 19, Issue No. 5, eff May 26, 1995. Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.