13-280 Code Vt. R. 13-170-280-X
Emergency assistance (EA) is assistance provided for eligible families with dependent children whose emergency needs, according to department standards, cannot be met under any other assistance program administered by the department and cannot be relieved without the department's intervention. A family may qualify for EA in two ways, by meeting either the non-catastrophic or the catastrophic rules. All families must furnish required information as specified in section 2804.
Families with emergency needs not caused by a catastrophic situation must have income below the applicable income test and meet other eligibility criteria at 2801. Families in which each member receives Reach Up, a Postsecondary Education Program (PSE) stipend, SSI/AABD, or a combination of these program benefits are ineligible for non-catastrophic EA because they are considered to be over income for this program. Assistance will not be provided to a household whose need arose as a result of refusal without good cause to accept employment or training for employment.
Families with emergency needs caused by a catastrophic situation must meet the eligibility criteria in section 2802. Emergency medical needs are considered catastrophic. All households applying for EA for an emergency medical need must meet the catastrophic EA criteria at 2802 to have the emergency medical need covered by EA.
EA may be authorized during one period of 30 consecutive days in any 12-consecutive-month period, except as specified in 2800.4 (Authorization Limits), 2813.2 (Temporary Housing), and 2813.3 (Rental or Mortgage Arrearage).
To have their eligibility for EA considered, applicants (2800.3) or their authorized representatives must:
-- submit a completed signed application each time they request assistance; and
-- have a face-to-face interview with a PATH representative, unless waived by the district manager.
An EA household must include one or more children under the age of 21 and the individuals who are legally responsible for them. Such child must live in a residence maintained by one or more relatives (2800.3) as their home. For the purpose of 2830, such child must have lived with such relative within six months prior to the application.
The following individuals must be considered members of the applicant household when they live together:
-- dependent children under the age of 18;
-- their siblings, half-siblings, and step-siblings under the age of 18;
-- their parents, step-parents, or other legally responsible relatives.
Children age 18 through 20 may be included in the household if they remain dependent upon the applicant, but their inclusion is not mandatory.
The members of the EA household shall have their needs, income, and resources considered together to determine eligibility.
The following definitions apply to the terms used in the EA rules.
Individuals whose SSI/AABD eligibility has been terminated because of the SSI/AABD 36-month time limit related to drug or alcohol disability shall be considered able-bodied with respect to their drug or alcohol impairment.
For married individuals or parties to a civil union who live together, the term applicant refers to both spouses or civil union partners. Either spouse or partner may complete the application.
For unmarried adults who live together and have a child-in-common, the term applicant refers to both adults. Either adult may complete the application.
Applicants must be age 18 or older, unless emancipated (see emancipated minor below).
-- work at least 35 hours per week at no less than the applicable minimum hourly wage;
-- have gross weekly income that, when divided by 35, equals or exceeds the applicable minimum hourly wage, regardless of the actual number of hours worked; or,
-- if self-employed, work at least 35 hours per week and the balance of income remaining after deducting allowable self-employment deductions equals or exceeds the minimum wage. An individual shall be considered self-employed if the Internal Revenue Service requirements for classification as self-employed are met.
-- Any blood relative, including those of half-blood, and including first cousins, nephews, nieces and preceding generations, as denoted by the prefixes grand-, great-, and great-great;
-- Stepparent, stepbrother, stepsister;
-- Any adoptive relative of corresponding degree, upon whom Vermont law ( 15A V.S.A. § 1-104) confers the same rights, duties and obligations as natural relatives;
-- Any spouse or civil union partner of an individual included in the above groups, even if the marriage or civil union has been terminated by death, divorce, or dissolution.
-- The wages (monetary and in-kind) are equal to or exceed the minimum wage. The value of in-kind income shall be established by the employer.
-- The individual is physically and mentally fit to perform the employment offered.
-- The work offered is not at a site subject to a strike or a lockout at the time of the offer.
The eligibility worker shall establish when medical documentation is required to determine suitability of employment. The department shall pay the reasonable charge for medical examination and report.
Except as specified below, EA may be authorized during one period of 30 consecutive days in any 12-consecutive-month period. The 12-month period begins the day of the initial authorization and runs for 12 consecutive months.
Authorization limits for EA temporary housing are contained in 2813.2. Authorization limits for rental or mortgage arrearage assistance are contained in 2813.3.
A family applying for EA other than for temporary housing shall not be denied solely because of the receipt of temporary housing within the 12 months prior to the application.
A family applying for EA other than for rental or mortgage arrearage shall not be denied solely because of the receipt of rental or mortgage arrearage assistance within the 12 months prior to the application.
An alien who is in the country illegally is not eligible for Emergency Assistance.
In addition, the Immigration and Control Act of 1986 (IRCA) specifies that aliens granted lawful temporary or permanent resident status under the Act, are disqualified from eligibility for EA benefits for five years from the date their temporary resident status is granted.
Income of an alien parent who is disqualified as per the above is considered available to an otherwise eligible child after applying disregards as allowed for the parents of minor parents in ANFC policy.
Needs, income and resources of any sibling who is disqualified from receiving benefits for the five year period under IRCA, are not considered in determining the eligibility and payment of an otherwise eligible dependent child.
The applicant is the primary source of information about his circumstances. Respect for his right to privacy places responsibility on the applicant to furnish complete and accurate information.
All Emergency Assistance applications require investigation and recording of the circumstances of the family alleged to need assistance to determine eligibility. Applicant must furnish information required as to physical condition, earnings or other income, ability of all members of his family to be employed, the cause of the person's condition, ability and willingness of persons legally liable for his support to assist, and other relevant data.
The Department retains the right to verify any or all information provided by the applicant. To be eligible for consideration for assistance a person must agree to the requisite investigation of his circumstances.
Social Welfare District Directors shall furnish necessary assistance, according to department standards and regulations to meet immediate need (food, clothing, shelter, etc.) as it arises. Eligibility for such aid under any other categorical department program is explored prior to authorizing use of Emergency Assistance funds. (See Sections 2810-19).
District Directors may delegate authority to subordinate staff members to carry out the functions of the Emergency Assistance Program.
The household applying for non-catastrophic EA must meet all of the following six criteria:
The payment standard is the need standard ratably reduced before consideration of any income (Reach Up rule 2245. 24).
Applicants with an emergency need attributable to a catastrophic situation (rule 2821) may qualify for EA to address that need, provided that they meet the eligibility criteria in rules 2805, 2806, and 2820-2823 and payment conditions in rules 2851-2870. Applicants seeking help for an emergency medical need shall not be eligible for EA to address that need if they have been denied or lost health insurance sponsored by the state or federal government for specified reasons (rule 2820 D).
To qualify for such assistance, applicants must meet all of the following eligibility criteria:
-- they failed to pay a premium for the government-sponsored health insurance, or
-- they failed to comply with any administrative eligibility requirement necessary to be covered by the government-sponsored health insurance.
For purposes of EA rules, premium is defined as it is defined in Vermont Medicaid rules. Premium means a nonrefundable charge that must be paid by an applicant or beneficiary as a condition of initial and ongoing enrollment for health insurance.
Eligibility workers shall explain to applicants that they are expected to take steps to avoid or resolve emergencies in the future without GA. Except for applicants who are receiving their final grant of assistance within a 12-month period, applicants and eligibility workers shall work together to develop a schedule of activities addressing the applicant's emergency need. Completion of these activities is a requirement for continued receipt of assistance. These activities shall be documented in the applicant's case record.
Subsequent applications must be evaluated in relation to the individual applicant's potential for having resolved the need within the time which has elapsed since the catastrophe to determine whether the need is now caused by the catastrophe or is a result of failure on the part of the applicant to explore potential resolution of the problem.
The department shall not apply an income test or resource exclusions in determining eligibility due to a catastrophic situation.
For the purposes of this section, catastrophic situations are limited to the following situations:
The department shall determine the eligibility of an applicant for payment of medical services or items using the criteria for eligibility due to a catastrophic situation at rule 2820, even if the applicant meets the non-catastrophic income test at rule 2810.
A court-ordered eviction resulting from intentional, serious property damage caused by the applicant, other household members, or their guests; repeated instances of raucous and illegal behavior that seriously infringed on the rights of the landlord or other tenants of the landlord; or intentional and serious violation of a tenant agreement is not considered a catastrophic situation. Violation of a tenant agreement shall include nonpayment of rent if the tenant had sufficient income to pay the rent and did not use that income to cover other basic necessities or withhold the rent pursuant to efforts to correct substandard housing.
Acceptable verification of domestic violence includes:
-- a relief-from-abuse restraining order or order against stalking or sexual assault;
-- observable physical evidence of abuse;
-- corroboration of domestic violence, sexual violence, human trafficking, or stalking from police, hospitals, court officials, physicians, nurses, or any other credible sources;
-- a determination of abuse by staff at a domestic violence shelter or organization;
-- a waiver of the Reach Up requirement to cooperate in pursuing child support (see rule 2235. 2); or
-- a deferment or modification of the Reach Up work requirement due to the effects of domestic violence (see rule 2363.1).
Constructive eviction is defined as any disturbance caused by a landlord, or someone acting on the landlords behalf, that makes the premises unfit for occupation The motive for the disturbance, which may be inferred from the act, is the eviction of the occupant.
A situation in which the landlord has not provided heat, utilities, or water within a reasonable period of time and there is an agreement to furnish these items shall be considered a constructive eviction when the applicant is pursuing legal resolution of these offenses through the Vermont Department of Health or appropriate local officials, such as the local housing inspector or town health officer. The department shall not deny benefits to an individual in a constructive eviction situation because the individual chooses not to pursue legal action such as withholding rent, obtaining a court order, suing the landlord, or terminating the rental agreement.
The general definition of emergency medical need in subsection A applies to all items and services except those related to vision, dental, and prescription drugs. The definitions of emergency medical need as applied to vision, dental, and prescription drugs are specified in subsections B through D.
An emergency medical need is defined as a need for a medical service or item attributable to a medical condition characterized by acute symptoms of sufficient severity, including but not limited to severe pain, such that a prudent layperson, with an average knowledge of health and medicine, could reasonably expect the absence of medical attention to result in the following:
-- serious jeopardy to the health of the participant;
-- serious impairment to bodily functions; or
-- serious dysfunction of the bodily organ or part.
Prior to issuing a vendor authorization for covered physician services, vision services and items, medical supplies, durable medical equipment, or ambulance services, eligibility workers shall obtain a determination from the Office of Vermont Health Access (OVHA) that such services or items address an emergency medical need (as defined in subsection A or B) or addressed such a need at the time the services or items were provided.
An emergency medical need is deemed to exist if and only if vision services or items for which EA payment is requested are covered by EA (2820, 2623) and necessary to:
-- aid convalescence from eye surgery;
-- prevent blindness or further deterioration of eyesight;
-- avert risk of physical injury from normal living hazards, such as stairs and stoves; or
-- allow an individual to continue education or employment.
An emergency medical need is deemed to exist if and only if dental services for which EA payment is requested are covered by EA (2820, 2622) and necessary to relieve pain, bleeding, or infection. The Division of Dental Services at the Vermont Department of Health shall determine whether dental services for which EA payment is requested addressed an emergency medical need at the time the dental services were provided.
An emergency medical need is deemed to exist if and only if a prescribed drug for which EA payment is requested complies with the requirements of the pharmacy best practices and cost control program, and is not included in a classification on the department's list of noncovered drug classifications (2820, 2624).
Each applicant is required to explain the employment requirements to non-exempt individuals who are not present at the initial interview and to supply them with employment verification forms. Whenever possible, a non-exempt individual shall appear in person at the District Office at the time of each subsequent application.
Any individual who is included in the application and is not exempted under 2807.2 shall:
If any person not exempted from the employment requirements (2807.2) fails to meet any one of the above requirements, he/she and all individuals included in the application shall be ineligible.
Upon being notified that an applicant has refused a referral, interview, or final offer, the Department of Social Welfare, prior to issuance or denial of any subsequent benefits within that 30 day period, will:
Employment shall be considered suitable for an applicant if all of the following conditions exist:
However, participation in a strike by an individual or recipient shall not be considered as good cause to leave or to refuse to seek or accept employment and can result in a denial or reduction of the ANFC grant. (See WAM-2304-2304.1).
Any individual included in the application shall be exempt from the employment requirements (2807.1) if such individual meets at least one of the following five exemption criteria:
When more than one individual in the EA household claims such responsibility, the determination as to whom shall be exempt will be made by the Department;
A pregnant woman with no other children is not exempt simply because of her pregnancy.
An individual who is pregnant or who has responsibility for care of a child who is age 3 or older, but under age 18 may be exempt from the work requirement if that individual has not received General Assistance or Emergency Assistance in the previous sixty days.
Any individual claiming an exemption has the burden of proving such. The Department shall pay the reasonable expense of required medical examinations.
Active effort to seek employment pursuant to 2807.1 (b) is limited to the following:
An EA recipient to whom the work search applies and who is a mandatory Reach Up participant must cooperate with the requirements of any Reach Up program activity, such as an individual or group job search, that Reach Up program staff deem appropriate for that participant.
Telephone contacts, reading newspaper ads, resume writing, contacts with friends and acquaintances, etc., although recognized as legitimate sources of leads toward employment, shall not ne counted unless part of an employment counseling program recognized by DSW as enhancing employment opportunities. Out-of-state contacts with potential employers are not counted unless the potential employment is within commuting distance of the person's home.
An EA applicant who fails to meet an "active effort" criterion will be ineligible only until he/she fulfills the requirement.
The DSW worker shall verify as necessary the contacts specified by each applicant subject to the work search requirement. The application shall be denied for a 30-day period even when three contacts are shown on the employment verification form, when the DSW worker has been notified by Reach Up Program staff that a DSW worker, the evidence of active effort to seek employment shows:
Income means the total gross sum of all monetary remuneration received from any source for any reason. See 2808.1 through 2808.6 for deductions and excluded income. The following list identifies some kinds and sources of income:
-- sale of goods or commodities produced by the self-employment enterprise;
-- services performed in connection with and attributable to the enterprise; and
-- gross proceeds from the sale or transfer of capital assets used in or held as an investment by the enterprise (e.g., real estate, personal property, and securities).
All income received by all persons included in the applicant household shall be verified and shall be computed to arrive at the total gross income received during the 30-day period prior to the date of the application. The total allowable deductions ( section 2808.1 through 2808.6) shall be computed and subtracted from the total gross income to arrive at the total net income received during the 30-day period prior to the date of application. If total net income equals or exceeds the applicable income limit (2801), the application shall be denied unless the household is eligible because it has experienced a catastrophic situation (2802).
The applicant may be required to substantiate that income and resources have actually been spent. Amounts not accounted for shall be considered cash-on-hand.
To compute earned income used in determining eligibility for emergency assistance, an employment expense standard consisting of the first $ 90 of earned income shall be deducted from the 30-day gross earned income of each employed individual in lieu of actual employment expenses such as taxes, insurance, dues, clothing, and transportation.
In addition, deductions for garnishments against income, although mandatory on the employer, shall be limited to garnishments:
-- by the Internal Revenue Service for federal taxes;
-- by the state of Vermont for state taxes; and
-- for child and spousal support (see 2808.3).
Identifiable costs of self-employment, including self-employed farming, shall be deducted from gross receipts received in the 30-day period prior to the date of application. Identifiable costs of self-employment include but are not limited to the following:
The following items shall not be allowed as business expenses:
The applicant must provide proof of the child support payments. Check stub notations are not verification. In questionable situations contact with a knowledgeable third party, deemed reliable by the worker, may be necessary. If the payment cannot be verified, the child support deduction shall not be allowed.
For purposes of determining eligibility, the first $ 50 of child support received in the previous 30 days may be deducted.
The cost of producing room and board shall be deducted from the gross income received in the last 30 days in the following amounts:
Service Provided | Deduction |
Per Person Per Day | |
room only | $ 1.00 |
board only | $ 2.00 |
room and board | $ 3.00 |
The deduction shall not exceed the amount of room and board payment received.
An applicant who provides room or board to three or more adult individuals unrelated to the applicant shall be considered to be operating a commercial enterprise and have deductions computed according to 2808.2.
Except as specified below, dependent care expenses necessary to enable individuals to retain their employment shall be deducted as paid in the previous 30 days up to the following maximum amounts per adult or child:
Dependent Needing Care | Maximum Deduction Per Dependent |
child under age 2 | $ 200 |
child age 2-12 | $ 175 |
child age 13-17 who meets the criteria in Reach Up rule 2352 | $ 175 |
incapacitated adult | $ 175 |
Dependent care deductions will be allowed on the basis of a signed statement by the provider of services. If a recipient's dependent care expenses are below the maximum, transportation to and from the dependent care facility may be deducted as part of the expense at the mileage rate published in Reach Up procedures.
As long as funding for child care subsidies through the Department of Social and Rehabilitation Services (SRS) is available, Reach Up participants and PSE participants receiving a living expense stipend are not allowed a deduction for child care expenses because they qualify for the child care subsidy.
Certain kinds of income are excluded from consideration when determining income eligibility for emergency assistance. They are considered, however, in evaluating whether an emergency need exists.
These kinds of income include:
-- senior companion stipend,
-- fuel assistance benefits,
-- foster care payments from Social and Rehabilitation Services (SRS), and
-- adoption assistance subsidies.
Other kinds of income are totally excluded, even in the consideration of an emergency need, including catastrophic situations. These include:
-- food stamps and food stamp cashout payments, as their use is dedicated exclusively to improvement of dietary standards; and
-- money that an SSI/AABD recipient sets aside for the fulfillment of a plan to achieve self-support (PASS plan).
During a 30-day period, benefits for needs other than those resulting from a catastrophic situation (2802) cannot exceed the difference between the applicable income limit, as defined in 2801 B, and the net income for that household computed according to 2808. This provision is only applicable if the household has received general assistance or emergency assistance in the previous 60 days. Catastrophic benefits received in the previous 30 days are not counted as income in the net income calculation referred to above.
Benefits for needs in sections 2811 through 2817 may be issued to the applicant or to the provider of the service.
The eligibility worker determines the appropriate method of payment after assessing the preference of the applicant and provider and the applicant household's ability to use the money for the designated need.
Groceries and personal needs include food and essential items for household and personal care, such as soap, toothpaste and such items as are normally purchased at a grocery outlet. General Assistance payment levels are based on current ANFC basic need standards reduced by a percentage necessary to avoid exceeding current GA funding. The following payment standard shall be used by District Directors and Town Service Officers to determine the amount of aid to be given for groceries and personal needs (see also 2814 - Room and Board-Restaurant Meals). Grocery and personal need allowances shall be issued, as needed from one to seven days. For applicant households exempt from the employment requirements allowances may be issued for up to 28 days as needed. Do not issue an allowance for any period covered by a previous issuance except when a condition exists as defined in 2802 (b) and (c).
Groceries and personal needs allowance in dollars | ||||||
No. in family | 1 day | 2 days | 3 days | 4 days | 5 days | 6 days |
1 | 4.00 | 4.00 | 6.00 | 8.00 | 10.00 | 12.00 |
2 | 6.50 | 6.50 | 10.00 | 13.50 | 16.50 | 20.00 |
3 | 9.50 | 9.50 | 14.00 | 18.50 | 23.50 | 28.00 |
4 | 9.50 | 10.50 | 16.00 | 21.50 | 26.50 | 32.00 |
5 | 9.50 | 13.50 | 20.00 | 26.50 | 33.50 | 40.00 |
6 | 10.50 | 14.50 | 22.00 | 29.50 | 36.50 | 44.00 |
7 | 12.00 | 17.50 | 26.00 | 34.50 | 43.50 | 52.00 |
8 | 13.50 | 20.00 | 30.00 | 40.00 | 50.00 | 60.00 |
9 | 13.50 | 21.50 | 32.00 | 42.50 | 53.50 | 64.00 |
10 | 13.50 | 24.00 | 36.00 | 48.00 | 60.00 | 72.00 |
Fore each add'l person | 1.50 | 2.50 | 4.00 | 5.50 | 6.50 | 8.00 |
Groceries and personal needs allowance in dollars | ||||||||
No. in family | 7 days | 8 days | 9 days | 10 days | 11 days | 12 days | 13 days | 14 days |
1 | 14.00 | 16.00 | 18.00 | 20.00 | 22.00 | 24.00 | 26.00 | 28.00 |
2 | 23.50 | 26.50 | 30.00 | 33.50 | 36.50 | 40.00 | 43.50 | 47.00 |
3 | 32.50 | 37.50 | 42.00 | 46.50 | 51.50 | 56.00 | 60.50 | 65.00 |
4 | 37.50 | 42.50 | 48.00 | 53.50 | 58.50 | 64.00 | 69.50 | 75.00 |
5 | 46.50 | 53.50 | 60.00 | 66.50 | 73.50 | 80.00 | 86.50 | 93.00 |
6 | 51.50 | 58.50 | 66.00 | 73.50 | 80.50 | 88.00 | 95.50 | 103.00 |
7 | 60.50 | 69.50 | 78.00 | 86.50 | 95.50 | 104.00 | 112.50 | 121.00 |
8 | 70.00 | 80.00 | 90.00 | 100.00 | 110.00 | 120.00 | 130.00 | 140.00 |
9 | 74.50 | 85.50 | 96.00 | 106.50 | 117.50 | 128.00 | 138.50 | 149.00 |
10 | 84.00 | 96.00 | 108.00 | 120.00 | 132.00 | 144.00 | 156.00 | 168.00 |
Fore each add'l person | 9.50 | 10.50 | 12.00 | 13.50 | 14.50 | 16.00 | 17.50 | 19.00 |
Housing includes accommodations to provide permanent or temporary shelter for eligible applicants. Housing may include furnishings, fuel, and utilities. Applicants are required to furnish verification of housing expenses. Housing payments may be authorized only when the applicant cannot obtain housing without cost to the applicant; for example, housing supplied by relatives, friends, or community groups. Payment may be provided for rent, lot rent, mortgage, condo and association fees, water and sewer charges, fuel and utilities when included in the rent, but not taxes. A household in crisis requiring emergency assistance should be considered for tax abatement before a housing crisis would occur. An exception to this policy, relative to taxes, is that payment may be made on behalf of an otherwise eligible applicant, when foreclosure proceedings have been filed by the municipality to which the taxes are owed, and the proceedings are scheduled to take place within 30 calendar days. Payment shall be for the minimum amount necessary to prevent tax foreclosure.
Permanent housing is defined as housing accommodations intended to provide shelter on a continuing basis.
Except where specifically noted in this section (2813), payment shall not exceed the housing payment maximum or the actual payment, whichever is less.
When more than one individual or family unit occupy the same housing unit, the payment per applicant household shall not exceed the housing payment maximum or the pro-rata share of the total rent or mortgage payment, whichever is less. The total rent or mortgage payment used to compute the pro-rata share shall not exceed three times the applicable housing payment maximum. Any amount exceeding this shall be disregarded in the computation.
The pro-rata share is computed by dividing the total, up to three times the maximum, by the number of individual or family units sharing the housing unit.
When a housing allowance for the period to be covered has been or will be included in the applicant's Reach Up financial assistance grant or Postsecondary Education Program living expense stipend, that allowance, after ratable reduction, shall be deducted from the applicant's emergency assistance grant.
Except in special circumstances described in 2813.2 and 2813.3, payment may be authorized for the current mortgage or rental period only and shall not be authorized or issued prior to the due date for that period. "Current period" is defined as the period extending from the most recent date that rent was due through the day prior to the next date that rent is due. For example, if an applicant applies for rental assistance on January 10 and his rent is due monthly on the first of the month, the current period is January 1 through January 31. No payment may be issued for a period other than the current period. Payment may be made only if the applicant is financially and otherwise eligible on the date of the application.
When both a rental arrearage and a continuing rental obligation exist, a rental payment made (or failure to make a payment) during a given month will be considered for EA purposes as a payment (or failure to pay) for that month. Example: An EA applicant makes a $ 150 rent payment on January 1, which his landlord applies to his $ 450 arrearage. On January 5 the applicant requests EA for his January rent. His rent payment on January 1 is considered for EA purposes as payment toward the January rent due, regardless of the fact that his landlord chose to apply the payment to arrearages.
Room rent is paid according to different maximums depending on whether the applicant pays this rent to a relative or to a non-relative. The relative or non-relative status of the person or persons to whom the applicant pays room rent shall be determined according to definitions used in the ANFC Program. The following individuals shall meet the definition of "relative":
Emergency Assistance payment levels are based on basic need standards updated to recognize cost of living increases but then ratably reduced by a percentage necessary to avoid exceeding current EA funding.
Shelter payment in the Emergency Assistance Program is allowed as incurred up to, but not in excess of, the maximums precomputed as shown below, except as described in the Temporary Housing and Rental or Mortgage Arrearage sections of policy.
Payment Maximums | ||||
Bi | Semi | |||
Housing Type | Weekly | Weekly | Monthly | Monthly |
Home Ownership or Rental | ||||
Chittenden County Only | $ 54.00 | $ 108.00 | $ 116.00 | $ 232.00 |
All Other Counties | $ 46.00 | $ 92.00 | $ 99.00 | $ 198.00 |
Room Rent - paid to non-relative | $ 40.00 | (meals not supplied) | ||
Room Rent - paid to relative | $ 30.00 | (meals not supplied) | ||
Living space shall not qualify as home ownership or rental unless it consists of at least two rooms, a private toilet facility, private entrance either from outside or a public hallway, and has or is equipped to accept cooking facilities. (The E.A. Supervisor may make written exception when the space has clearly been designed as an apartment but does not meet specific criteria as listed.)
A rented mobile home shall qualify as home rental. A mortgaged or owned mobile home shall qualify as home ownership. Lot rental, water, and sewer charges are included in the payment maximums.
Amounts paid for temporary housing shall not be added into amounts paid for permanent housing to arrive at the above maximums.
Room rent may be authorized for a period not to exceed one week, except that, when applicants are exempt from the employment requirements, it may be authorized for a two-week period.
Deposits or security payments shall be authorized only as described in the Temporary Housing section of policy, and must be refunded to the department of Social Welfare.
Temporary housing is intended to provide short term shelter (84-day maximum) for applicants who are involuntarily without housing through circumstances they could not reasonably have avoided, pursuant to rule 2821, and for whom permanent housing or alternative arrangements are not immediately available. Temporary housing, beyond 28 cumulative days in any consecutive 12-month period, is not an entitlement; payments shall cease upon expenditure of the annual appropriation for this purpose.
A family applying for temporary housing assistance shall not be denied solely because of prior receipt of EA assistance other than for temporary housing.
Authorization for temporary housing may be issued for periods of up to 28 days, at the Department's discretion. Payment may be authorized in an amount necessary to secure such housing at the least expensive rate available to the applicant at that time.
Housing authorizations shall be reduced if less expensive temporary housing becomes available while the applicant seeks permanent housing.
The Department shall make all possible effort to assist in the location of permanent housing for recipients located in temporary housing. The department shall inform recipients that they are primarily responsible, however, for locating permanent housing, and that if they do not make an active effort to locate permanent housing, or fail to accept suitable housing accommodations, even if in a location other than where they are situated , continued EA payment for temporary housing shall be denied.
Temporary housing payments above the GA payment maximums will be allowed for only 84 days in any consecutive 12-month period. The 12-month period is computed from the date of application to the same day of the month 12 months prior. The 84-day period need not be consecutive. After the 84-day period, payments are allowed only up to the permanent housing payment maximum.
The 84-day temporary housing maximum is cumulative for the Emergency Assistance and General Assistance Programs. An applicant who has received 84 days in temporary housing under EA during a 12-month period is not eligible for any further temporary housing assistance under GA for the same 12-month period. Temporary housing beyond 28 cumulative days in any consecutive 12-month period is not an entitlement; payments shall cease upon expenditure of the annual appropriation for this purpose.
The work search at rule 2830 is also required when it is a factor of eligibility for any member of the assistance household.
Temporary housing applicant households with gross monthly household income equal to or less than the Reach Up basic need standard for a household of the same size shall not be required to contribute any income toward the cost of temporary housing.
Temporary housing applicant households with gross monthly household income greater than the Reach Up basic need standard for a household of the same size shall be required to contribute 30 percent of their gross household income toward the cost of temporary housing.
The following table contains the basic need standards by household size:
Household Size | Basic Need |
1 | $ 475 |
2 | $ 680 |
3 | $ 891 |
4 | $ 1064 |
5 | $ 1247 |
6 | $ 1372 |
7 | $ 1589 |
8 | $ 1769 |
9 or more | Add $ 170 for each additional person |
See rule 2802 for the definition of "applicant household."
The Department will apply the following method in calculating the 30 percent income contribution:
-- An applicant household with income received on the date of application will be required to house themselves for the number of days, rounded down to the nearest whole number, equal to 30 percent of the household income received on that day divided by the least expensive daily motel rate available in the district at that time.
-- An applicant household with no income received on the date of application, but that will be receiving income within the next 14 days, will be required to house themselves starting on the day the income is received for the number of days, rounded down to the nearest whole number, equal to 30 percent of their gross income for that payment cycle divided by the least expensive daily motel rate available in the district at that time.
If 30 percent of gross household income divided by the least expensive daily motel rate is less than 1, the household will not be required to contribute any income toward the cost of temporary housing.
To reduce the time families with children spend in temporary housing, aid in obtaining permanent housing is allowed for EA eligible families who are in, or eligible for, temporary housing as of the date of application, or subject to a signed court order of eviction, due to circumstances over which the family had no control, with an evacuation date fewer than 30 days in the future. Such aid is as follows:
Rental or mortgage arrearage assistance is payment to landlords or mortgage holders on behalf of eligible families who are in imminent danger of losing housing due to circumstances they could not reasonably have avoided. The department shall provide up to three months of rental or mortgage arrearage assistance to eligible families. Payment of rental or mortgage arrearage shall cover actual monthly rental or mortgage obligations. Assistance under this section shall be available not more than once every 12 months.
Prior to determining the eligibility of a Reach Up family for payment of rental or mortgage arrearage, the department shall determine whether money mismanagement exists under the criteria at 2235.1 and initiate rent vendor payments where indicated. Potential eligibility for payment of rental or mortgage arrearage shall neither nullify nor affect in any other way any determination made under 2235.
Because families eligible for payment of rental or mortgage arrearage are at risk of losing their housing, the department will make a determination of eligibility for this benefit as expeditiously as possible. If necessary, the department will assist the family in obtaining documentation.
The department's payment of rental or mortgage arrearage shall not discharge the family's responsibility for any additional arrearage that may have accrued. The landlord or mortgage holder must agree, however, not to evict or foreclose or to institute a payment plan leading to eviction or foreclosure due to crediting current payments to the additional arrearage. The department's payment shall not impinge on any other legal means of collection of such debt.
Assistance under this provision is not an entitlement, and no payments will be made when the funds appropriated for this purpose have been exhausted. Denials made after these funds have been exhausted will not require prior warning of funding status or amendment to this rule.
For the purposes of this section:
A family is eligible if it meets all of the following criteria:
District directors shall authorize payment of reasonable costs of moving household furniture to a new location provided the need to move said furniture is the direct result of a catastrophic event. This includes moving costs in situations such as:
As usual in Emergency Assistance, all potential alternatives and resources will be explored and the least expensive resolution of the problem will be utilized. This exploration would include disaster relief; help from friends, relatives or the community; expedited payment of other program benefits; etc.
A room and board allowance shall be authorized from one to seven days. For applicant households exempt from the employment requirements, allowances may be issued for up to 14 days as needed.
Room and Board Allowance:
$ 60.00 per week per person (if paid to non-relatives)
$ 40.00 per week per person (if paid to relatives)
For the definition of "relative" see 2801.
When an eligible recipient receives a room and board allowance, he/she shall also receive the following personal needs allowance based on the number of Emergency Assistance recipients included in the allowance:
No. of EA Recipients | PNI Per Week |
1 | $ 2.00 |
2 or more | $ 3.00 maximum |
Purchase of heating equipment shall be authorized by the district director when such equipment cannot be obtained otherwise (for example, from donations from individuals or community groups, temporary loan pending insurance settlement). Purchase shall be limited to the most serviceable and appropriate used item, if available, or new item (if a used item is not available) at the lowest cost.
Authorization of transportation shall be limited to transients determined eligible who need help to continue to their destination. Payment for the lowest cost public transportation to the applicant's destination shall be authorized as paid, as follows:
- to any point within the state;
- after an attempt by the district director to obtain funding from the transient's state of residence and, if successful, to any point outside of the state to be authorized by district directors only.
Necessary automobile expense to enable the applicant to continue his journey may be authorized as follows:
- gasoline and oil, as paid;
- tires, essential repairs, if the cost is lower in relation to the price of the lowest cost public transportation.
Fuel and utilities are such things as water, electricity, oil. gas, coal, wood, kerosene, etc. , which provide space heating, hot water, refrigeration, cooking fuel and light for the home. Sewage disposal provided as a utility service and billed on a regular basis shall be considered a utility. For purposes of the Emergency Assistance Program, fuel and utilities are classified according to two customary methods of delivery:
The amount of EA payment to applicants who are on a "budget plan" payment system for either metered or bulk delivery, shall equal the amount of the budget payment, even though the actual charge for service during that period is more than or less than the budget payment. A budget plan is an arrangement whereby a customer agrees in writing to pay a fixed amount for future consumption for a specified time period.
Payment for fuel and utilities may be authorized only when the conditions specified in the appropriate subsection are met.
Payment for the 'current billing period' portion of a bill may be authorized only when:
Companies usually bill customers for a billing period which corresponds to a monthly period or a bi-monthly period. In unusual circumstances it may be necessary to contact a company representative to ascertain the portion of a bill which is equivalent to the company's normal billing period.
In areas where quarter meters (25 [cent]) are utilized it will be necessary to contact a company representative to determine anticipated consumption. Payment may be authorized in an amount necessary to continue quarter meter service for up to seven days.
A deposit may be paid provided a deposit is legally collectible under Public Service Board rules and the amount does not exceed two-twelfths of the reasonable estimated charge for service for the ensuing twelve months. The company must be advised that the deposit is to be credited and refunded to the Department of Social Welfare in accordance with the company's usual refund policy and that deposit refunds inadvertently, made to the recipient will not constitute settlement of the refund obligation to the Department.
A reconnection charge may be paid provided service has been interrupted and the amount charged is the same for all customers.
A new account charge may be paid provided the company is authorized by Public Service Board rules to collect a new account charge. A new account is generally defined as a request for service for the first time, a name change on a meter or a new meter as a result of a change of location.
Some companies are authorized under Public Service Board rules to collect "deferred charges", "purchased energy charges", "temporary charges" and similar charges. Some of these "charges" may appear as credits on the bill during the period such "charge" is incurred. Even though these charges may appear as credits (and are not technically due) they must be included in the EA payment if they were incurred during the period being approved.
Charges for either purchase or rental of equipment, appliances, space or water heaters, outdoor lighting, or installation, service, and repair charges shall not be paid by Emergency Assistance except as authorized specifically in other sections of the manual.
Payment may be authorized only when:
Payment shall not be authorized for charges for: previous deliveries; deposits for any item or reason; a new account charge; purchase or rental of storage tanks or containers, space or water heaters, furnaces, equipment or applicance [appliance], or installation, service, cleaning and repair charges except as specifically authorized under other sections of this manual.
Except in unusual circumstances, the volume and amount charged, and delivery time and date, must be established through the provider in advance of the transaction. Charges for off-hour or off-schedule delivery are allowable only when permitted under Vermont law and applicable PSB regulations and the amount charged is the same for all customers. Every effort should be made to avoid these charges whenever possible.
Medical care is limited to the types of care described in General Assistance Rule sections 2620 through 2627. Applicants must meet eligibility criteria in 2802, 2802.1, and 2802.3 for eligibility due to a catastrophic situation and the general eligibility criteria in 2803 and 2804.
Eligibility workers shall issue vendor authorizations to eligible applicants. Vendor authorizations issued by the department must accompany provider bills for medical services other than prescription drugs. No EA payments shall be made, however, unless the requirements set forth in 2620-2627 are also met.
Payment to providers may not exceed the amount set forth in the fee schedule used in the Vermont Medicaid Program. Vermont law ( 33 V.S.A. § 6501-6508) prohibits balance billing, which is charging or collecting from the recipient any amount in excess of the reasonable charge for the service, defined as the amount in the fee schedule.
Emergency assistance for services to alleviate child welfare emergencies is available through the Vermont Department of Social and Rehabilitative Services (SRS). After determining that a child welfare emergency exists, SRS staff determines EA eligibility. SRS may authorize child protective, family support, and family preservation services to alleviate the emergency. Services may be preauthorized for a period not to exceed 12 months, except for substitute care, which may not exceed 4 months.
SRS may issue EA when the following conditions are met:
A child welfare emergency is defined as:
-- a report of abuse, neglect or abandonment of a child to the Department of Social and Rehabilitation Services (SRS); or
-- imminent risk of removal of a child from the home due to abuse, neglect, abandonment or serious emotional disturbance; or
-- a child without or beyond the control of a parent; or
-- a delinquent child placed in the custody or under the supervision of SRS.
Protective services are defined as the investigation of reports of abuse and neglect, the assessment of family needs and strengths, and the delivery of casework and other services designed to address the risk factors that led to the abuse or neglect of the child. Services include, but are not limited to, crisis services, protective service and family support child care, emergency shelter, foster care, and residential care for children. EA may only be authorized to those who are not eligible for payment of these services through another funding source.
Family support services are primarily community-based prevention services designed to alleviate family stress and promote parental competencies and behaviors. These services will increase the ability of parents to successfully nurture their children and/or enable families to access other resources and services available in the community. Family Support Services include, but are not limited to, respite care for parents and other caregivers such as foster parents; early assessment and developmental screening of children to assess their needs and assistance in obtaining specific services to meet the identified needs: mentoring, tutoring, parent educator and other home visiting services: and family support child care.
Family preservation services are primarily crisis intervention services designed to alleviate the crisis that would otherwise lead to substitute care placements, maintain the safety of the child in the home, and support families preparing to reunify or adopt. Family Preservation Services include, but are not limited to, intensive family-based services, respite care, services to improve parenting skills and support child development, reunification services, services for families or youth in crisis, and intervention and advocacy for victims of domestic violence.
13-280 Code Vt. R. 13-170-280-X
EFFECTIVE DATE: October 1, 2008 Secretary of State Rule Log #08-040 [Bulletin #08-20; amended, renumbered and reorganized, see rule 13 170 000 for prior history and section conversion table.]
AMENDED: March 28, 2015 Secretary of State Rule Log #15-010