Section 1240-01-47-.25 - INCAPACITY OF A PARENT(1) A child may be considered to be deprived of parental support/care when at least one of two parents living in the home is incapacitated. Incapacity is deemed to exist when one parent has a physical or mental defect, illness or impairment. The defect, illness or impairment must be:(a) Supported by competent medical testimony;(b) Of such a debilitating nature as to reduce substantially, or eliminate the parent's ability to support or care for the otherwise eligible child; and(c) Expected to last for a period of at least 30 days. Note: In making the determination of ability to support the Department of Human Services shall take into account the limited employment opportunities for handicapped individuals.
(2) Incapacity shall be determined as follows:(a) Current receipt by the parent of RSDI or SSI benefits based upon disability or blindness is acceptable proof of incapacity for Families First purposes. However, eligibility for RSDI or SSI benefits is not necessary to prove incapacity. Incapacity for Families First purposes does not require that a defect, illness, or impairment be as severe, or last as long as required for establishing disability or blindness for RSDI or SSI purposes;(b) Obvious incapacity can be approved in the county office for a period of up to 12 months;(c) Receipt by the incapacitated person of VA 100% disability benefits based on his/her disability;(d) Receipt by the incapacitated person of Black Lung benefits based on his/her own condition; or(e) All other claims of incapacity must be forwarded to the Medical Evaluation Unit (MEU).(3) Review/Redetermination of Incapacity-Six-month Review/Redetermination. The RSDI/SSI disability status must be reverified at each six month case review. When the parent's RSDI/SSI payment is terminated and the parent claims continued Families First eligibility based on incapacity, it will be necessary to establish incapacity through the Medical Evaluation Unit (MEU). Terminated RSDI/SSI individuals may continue eligible as incapacitated while the necessary information is being secured and submitted to the MEU. If the client fails to cooperate without good cause or refuses to cooperate, the case must be closed.(4) Periods of Incapacity for Families First. (a) The period of incapacity established by the Medical Evaluation Unit (MEU) is subsequent to the period of incapacity approved by the county. Verification of continued incapacity must be made at the end of the MEU approval period if continued incapacity is claimed.(b) On applications/reapplications denied by the MEU but approved on the local level, the MEU's decision of nonapproval is effective at the end of the approval period made by the county. The case will then be closed by the county office without being resubmitted to the MEU unless additional new medical information is available.(c) For an active incapacity case denied by the MEU, the case will be closed as soon as adverse notification procedures permit.(d) If there is any indication the client is no longer incapacitated, the complete medical file will be resubmitted to MEU with current medical-social information including the facts which indicate that incapacity no longer exists.Tenn. Comp. R. & Regs. 1240-01-47-.25
Original rule filed December 2, 1996; effective February 15, 1997.Authority: T.C.A. §§ 4-5-201 et seq., 71-1-105, Public Acts of 1996, Chapter 950, and 45 CFR 233.90, § 1115 of the Social Security Act.