COMBINED MANUAL REVISED SECTIONS – ISSUED 06/2007

§0009.06 (Recertification Process) in all of the programs except DWP adds a bullet for the

Domestic Violence Information Brochure (DHS 3477) as another handout that MAXIS sends out at recertification.

§0009.06.03 (Recertification Processing Standards) in the 1st bullet of MFIP clarifies the

first sentence by deleting some language for the closure of cases if the unit turns in the CAF after the 10-day notice.

§0010.18.02 (Mandatory Verifications – FS) in the 5th bullet of FS simplifies the 1st

sentence by deleting the words "unless the disability is apparent. If the disability is not verified, document the nature of the disability and why it was apparent to the worker."

§0012.24 (Child Support Sanctions) in MFIP deletes the previous 4th paragraph and adds a

new 4th paragraph to help clarify good cause claims. It adds a new clarifying paragraph with good cause claims information under the bullet entitled, “For the 7th Occurrence of Non-Compliance”.

§0013.06 (Food Support Categorical Eligibility) in the 5th bullet of FS adds that the GIT

applies when determining FS eligibility based on the Domestic Violence Information Brochure.

§0015.48.03 (Whose Assets To Consider - Sponsors W/ I-864) in general provisions under

the heading of "EXCEPTIONS TO THE SPONSOR DEEMING REQUIREMENT" in the 2nd bullet adds clarifying language to the indigent exception.

§0017.06 (Excluded Income) in the 4th bullet from the end of the section adds clarifying

language that CSG funds that are put into a CSG account and that are paid out as wages to the person providing the care are considered wages and are NOT excluded under the CSG exclusion provision.

§0020.03 (People Exempt From Net Income Limits) in the 1st bullet of FS deletes "or

MFIP Employment Services" as a condition of categorical eligibility. §0025.03.01 (Determining Incorrect Payment Amounts – FS) in FS adds a new paragraph

that FS claims are not to include any amounts that occurred more than 6 years prior to the date of discovery. §0029.03.03 (Transitional MA Programs) in next to last paragraph deletes TMA/TYMA

reference to MA deeming rules and removes reference to AFDC. §0029.03.09 (Consumer Support Grant Program) deletes the 2nd to last paragraph

because Bulletin #96-66-3 has been obsoleted. In the last paragraph it adds clarifying

COMBINED MANUAL UPDATES ISSUED 6/2007 Page 2

language for information on how CSG payment income is treated for all programs and to see §0017.06 (Excluded Income) for the treatment of this income.

§0029.36 (Domestic Violence Brochure Program) in the 2nd bullet of FS adds that the GIT

applies when determining FS eligibility based on the Domestic Violence Information Brochure.

COMBINED MANUAL ISSUE DATE 06/2007 RECERTIFICATION PROCESS 0009.06 Recertify clients whose certification period is ending. The clients and the agency must follow the time frames of each program for completing the recertification process. See §0009.06.03 (Recertification Processing Standards). MAXIS will generate program specific cover letters and mail a Combined Application Form (CAF) (DHS-3469) and other notices or forms required at recertification according to each program’s provisions below. All questions on the form must be answered for the form to be considered complete. MAXIS will mail packets for monthly reporters around the 27th, and for non-monthly reporters around the 15th, of the 2nd month prior to the end of the certification period. The recertification process is similar to the application process. To complete the recertification process:

Review eligibility for the client’s current programs, possible new programs, and emergency need. If clients qualify for new programs or emergency assistance, process the recertification request as an application for assistance. See §0004 (Emergencies), §0005 (Applications), §0009.06.03 (Recertification Processing Standards).

Get mandatory verifications. See §0010.18 (Mandatory Verifications).

Notify the unit of the eligibility determination. See §0026 (Notices).

Accept the Combined Application Form (CAF) even if the client does not live in your county. See §0005.12 (Accepting and Processing Applications). In addition to MAXIS-generated recertification packets, you may be required to provide certain additional forms to clients at the face-to-face recertification interview. See §0007.12 (Agency Responsibilities for Client Reporting), §0009.06.06 (Recertification Interview). MFIP: MAXIS will also include the following in the recertification packet:

Notice About Income and Eligibility Verification System and Work Reporting System (DHS-2759).

Instructions for Completing the Combined Application Form (DHS-2989).

Domestic Violence Information Brochure (DHS-3477).

COMBINED MANUAL ISSUE DATE 06/2007 RECERTIFICATION PROCESS 0009.06

Give the client the Family Violence Referral (DHS-3323). Provide information about counseling and support services, and permanent residence procedures for battered non-citizens. Review the continued exemption from the 60-month time limit for victims of family violence for whom you have an Employment Plan (EP) in place. See §0005.12.12.09 (Family Violence Provisions/Referrals), §0010.18.33 (Verifying Family Violence).

Conduct a face-to-face recertification interview at least once every 12 months. See §0009.06.06 (Recertification Interview).

Review extensions for participants who have been extended beyond the 60-month lifetime limit every 12 months, unless the documentation supporting the extension indicates the participant’s condition could change earlier. See §0011.33 (MFIP Hardship Extensions). This review should be considered a minimum requirement to recertify an extension. Review the situation and request new verification each time there is a change in the estimated end date. Counties should end an extension prior to the review if criteria for the extension no longer apply. End the extension the 1st of the month following verification that the criteria no longer apply.

NOTE: Participants may move between extension categories.

Coordinate extension reviews with recertifications, if possible.

Give a 10-day notice before terminating benefits if the unit fails to comply with the recertification process. See §0009.06.03 (Recertification Processing Standards).

If you fail to send a 10-day notice, continue to issue benefits until you have given 10-day notice of adverse action. This applies even if the certification period has ended.

Do not consider the client ineligible and therefore subject to an overpayment solely because the agency fails to send a timely notice of termination. Consider it an overpayment only if the client does not meet eligibility factors such as income, assets, or basis of eligibility.

If the unit is ineligible for continued benefits or will receive reduced benefits based on information in the CAF, or if the information requires a reduction or suspension of the unit’s benefits, send a notice BEFORE the effective date of the adverse action.

DWP: No provisions.

COMBINED MANUAL ISSUE DATE 06/2007 RECERTIFICATION PROCESS 0009.06 FS: MAXIS will also include the following in the recertification packet:

Notice About Income and Eligibility Verification System and Work Reporting System (DHS-2759).

Change Report Form (DHS-2402) (for non-PA units not subject to monthly reporting).

Instructions for Completing the Combined Application Form (DHS-2989).

Domestic Violence Information Brochure (DHS-3477).

Conduct a face-to-face recertification interview. See §0009.06.06 (Recertification Interview).

Do not issue benefits after the certification period ends until a reapplication process is completed.

MSA, GA, GRH:

MAXIS will also include the following forms in the recertification packet:

Instructions for Completing the Combined Application Form (DHS-2989) (EXCEPT LTC cases). For people residing in long term care facilities or receiving EW services, including LTC residents who receive MSA for personal needs and EW enrollees residing in GRH facilities and receiving GRH payments, MAXIS sends the Medical Assistance Long Term Care/Elderly Waiver Renewal Form (DHS-2128). See the Health Care Programs Manual.

Return envelope.

Domestic Violence Information Brochure (DHS-3477).

COMBINED MANUAL ISSUE DATE 06/2007 RECERTIFICATION PROCESSING STANDARDS 0009.06.03 Complete the review process by the end of the certification period. See §0002.09 (GLOSSARY: Calendar Month...) for the definition of certification period, §0009.06 (Recertification Process). MFIP: Terminate benefits if a unit fails to return or complete a Combined Application

Form (CAF). See TEMP Manual TE02.04.04 (Autoclose: MAXIS Processes for HRF/REVW). Also, terminate benefits if a unit fails to attend a face-to-face interview if required, or fails to provide mandatory verifications before the last day of the certification period. See TEMP Manual TE02.08.006 (Reviews: Missing Verifications) for proper coding instructions. Give the unit a notice of termination at least 10 days before the end of the certification period. See §0009.06.06 (Recertification Interview), §0010.18 (Mandatory Verifications), §0026.12.03 (10 Day Notice).

If the unit turns in the CAF after the 10-day notice but before the last day of the certification period, the case remains closed. However, if the unit completes the recertification process during the next month, reinstate the case. Do not prorate benefits.

If the unit turns in the CAF after the end of the certification period, process the CAF as a new application. See §0005 (Applications), §0022.12.02 (Beginning Date of Eligibility), §0022.12.03 (Proration).

If the unit applies for another program on the CAF, treat this as an application and process for that type of assistance.

DWP: No provisions. FS: Mail or give the unit the CAF no later than the last day of the month before the last

month of the certification period.

Provide a notice of expiration at the time of certification if:

You certify the unit for only 1 month. OR

You certify the unit in the 2nd month of a 2-month certification period. OR

All unit members are receiving cash assistance and you processed their Food Support and cash assistance applications at the same time.

Notify all other units of the expiration of the certification period before the last

COMBINED MANUAL ISSUE DATE 06/2007 RECERTIFICATION PROCESSING STANDARDS 0009.06.03

month of the certification period. Restore lost benefits to a unit if you do not provide a timely notice of expiration.

Determine if the unit returns the CAF timely:

Units who report monthly have returned the CAF timely if the county agency gets it by the due date for the last monthly report of the certification period.

Units who do not report monthly have returned the CAF timely if the county agency gets it by the 15th of the last month of the current certification period.

Units who receive a notice of expiration at the time of certification due to a 1- or

2-month certification period have returned the CAF timely if the county agency gets it within 15 days after the unit received the notice of expiration.

The time frame within which you must take action on the recertification depends on whether the unit returns the CAF timely:

For units who submit the CAF timely, and are determined INELIGIBLE close the case on or before the last day of the certification period.

Approve benefits for ELIGIBLE units in time for them to get benefits on the date they usually get their benefits, if they:

- Complete a face-to-face interview, if required, on the date scheduled. See

§0009.06.06 (Recertification Interview). AND - Provide necessary verification by the date scheduled. Allow the unit 10 days

to submit verification. The 10-day period may extend beyond the end of the certification period. If the unit provides verification after the certification period, but within the 10 days, determine eligibility and issue benefits no more than 5 days after receiving verification. See §0010.18 (Mandatory Verifications).

For units who submit the CAF timely, but fail to complete the interview by the end of the certification period, or do not provide verifications before the scheduled date, close at the end of the certification period. If the unit takes the required action within 30 days after the end of the certification period, reopen the case and provide benefits back to the first of the month.

COMBINED MANUAL ISSUE DATE 06/2007 RECERTIFICATION PROCESSING STANDARDS 0009.06.03

For units who do not submit the CAF timely, do not complete the interview by the end of the certification period, or do not provide verifications before the scheduled date, close the case on or before the last day of the certification period. See TEMP Manual TE02.04.04 (Autoclose: MAXIS Processes for HRF/REVW), TE02.08.006 (Reviews: Missing Verifications) for MAXIS instructions.

If the unit does not complete all recertification requirements during the last month of the certification period, but is determined eligible during the following month, treat the month you determined eligibility as an initial month and prorate benefits. This includes units whose certification has ended in another state, EXCEPT migrants and seasonal farmworker units. See INITIAL MONTH in §0002.33 (Glossary: Independent...).

Restore benefits to units who lost benefits because the county agency failed to process a recertification before the end of the certification period.

If the unit applies for another program on the CAF, treat that request as an application and process for that type of assistance. See §0005 (Applications), §0022.12.02 (Beginning Date of Eligibility), §0022.12.03 (Proration).

MSA, GRH:

Follow general provisions. GA: Follow MFIP. However, a face-to-face interview is not required to recertify GA.

COMBINED MANUAL ISSUE DATE 06/2007 MANDATORY VERIFICATIONS - FS 0010.18.02 See §0010.18 (Mandatory Verifications) for mandatory verifications that apply to all programs. See §0010.18.01 (Mandatory Verifications - Cash Assistance) for additional mandatory verification provisions that apply to MFIP, MSA, and GA. See provisions below for additional mandatory verification provisions that apply to Food Support. MFIP, DWP, MSA, GA, GRH:

See §0010.18.01 (Mandatory Verifications - Cash Assistance). FS: Liquid assets.

Social Security numbers of all people applying for assistance. See §0010.18.03 (Verifying Social Security Numbers).

Identity of the applicant and the authorized representative if the authorized

representative is applying for the applicant.

Residency in Minnesota, unless verification cannot be obtained because the people are homeless, migrant farmworkers, or newly arrived in Minnesota.

Disability exemption from work registration. See §0010.18.06 (Verifying Disability/Incapacity, FS).

Shelter costs. Verify at application and recertification in order to allow the expense as a deduction. Do NOT allow the shelter cost as a deduction if it is NOT verified. Do not close FS due to failure to provide the verification. Verify changes whenever they occur. If a change which is not verified decreases benefits, budget the change and verify at recertification. If a change which is not verified increases benefits, do not budget the change.

Actual utility expenses if the unit wishes to claim expenses in excess of the

standard utility deduction in order to allow these actual expense as a deduction.

Utility expenses for an unoccupied house in order to allow the actual expenses as a deduction.

COMBINED MANUAL ISSUE DATE 06/2007 MANDATORY VERIFICATIONS - FS 0010.18.02

Some medical expenses in order to allow the expenses as a deduction. See §0018.12 (Medical Deductions) for when you can allow the expenses and when to require verification.

Date and reason of employment termination, and date last paid. Verify at the

point of employment termination for participants, and for any employment terminated within 90 days of application for applicants.

The amount of a court-ordered child support obligation, and the amount of child support actually paid to another household, in order to allow the support as a deduction. See §0018.33 (Child and Spousal Support Deductions).

The number of hours of employment or work program activities for non-exempt able-bodied adults subject to the 3 months in 36 months limit on eligibility. See §0011.24 (Able-Bodied Adults) for more information.

COMBINED MANUAL ISSUE DATE 06/2007 CHILD SUPPORT SANCTIONS 0012.24 MFIP: IV-D determines when caregivers with children fail to cooperate with support

requirements. When notified by the Child Support agency of non-cooperation and after giving 10-day notice, reduce the unit’s grant (cash/food portion) by 30% of the unit’s Transitional Standard or Shared Household Standard, whichever applies. The residual amount of the grant, if any, must be paid to the caregiver. Non-cooperation with IV-D requirements also results in the loss of child care benefits. See §0026 (Notices), §0020.09 (MFIP/DWP Assistance Standards).

Do not impose a sanction when a caregiver complies with support requirements prior to the effective date of the sanction. If you do impose a sanction, and the caregiver subsequently complies, remove the sanction the month following the month that he or she complies.

Instead of incurring a sanction, a caregiver who is not a parent of a minor child in an assistance unit may choose to remove the child from the unit, unless the child is required to be in the unit.

After a notice of sanction is sent, the caregiver may then claim good cause. Give the participant the Cooperation with Child Support Enforcement form (DHS-2338) and send a copy of the signed notice to the child support agency. While the good cause committee is reviewing the claim the caregiver is considered to be cooperating. Do not sanction the case during the period the committee is deciding on the claim. If the claim is denied, the sanction would then be imposed. See §0012.21.06 (Good Cause Exemption from Pursuing Support). Consider each month that a caregiver with children fails to comply with support requirements as a separate occurrence of non-compliance. Vendor payment rules apply beginning with the 2nd occurrence of child support sanctions.

Sanctions count towards closure of the MFIP case. A participant will have his or her case closed at the 7th occurrence of non-compliance.

The count toward closure does NOT start over, even if the participant goes off assistance, comes into compliance, and remains in compliance. Use the STAT/SANC panel to track occurrences of non-compliance.

FOR THE 1ST OCCURRENCE OF NON-COMPLIANCE: Reduce the family’s grant by 30% of the Transitional Standard or Shared Household Standard, whichever applies for the family’s size. The grant reduction must be in effect for a minimum of 1 month and must be removed in the month after the month the participant returns to compliance.

COMBINED MANUAL ISSUE DATE 06/2007 CHILD SUPPORT SANCTIONS 0012.24

FOR THE 2ND - 6TH OCCURRENCE OF NON-COMPLIANCE: Vendor pay the shelter costs up to the amount of the cash portion of the grant. At county option, you may vendor pay utilities up to the amount of the cash portion of the grant. Vendor payment rules apply beginning with the 2nd occurrence of child support sanctions. See §0024.09 (Protective and Vendor Payments) for procedures to use when the information necessary to vendor pay is not on file and the vendor refuses to accept partial payment.

Reduce the residual amount of the cash grant after vendor payment, if any, and the food portion by an amount equal to 30% of the Transitional Standard or Shared Household Standard, whichever applies for the family’s size.

The reduction in the grant must be in effect for a minimum of 1 month and must be removed the month after the month the participant returns to compliance.

Continue to vendor pay the shelter (and utilities, if applicable) for 6 months after the month in which the participant(s) return to compliance.

FOR THE 7TH OCCURRENCE OF NON-COMPLIANCE: Close the MFIP case (100% sanction). Closure during the first 60 months is NOT permanent. The case must be closed for 1 full month but can be reopened in the month following the month that the caregiver cooperates with the support requirements.

A good cause review is required when the MFIP case is sanctioned at 30% for 6 months. The county must attempt to meet face-to-face with the caregiver before case closure. At this face-to-face meeting the county must give the caregiver the Cooperation with Child Support Enforcement form (DHS-2338), or send it to the caregiver before closing in the 7th month if a face-to-face meeting does not occur. The caregiver may make a good cause claim even if good cause has previously been denied. If the caregiver claims good cause, send the signed Client Statement of Good Cause form to the good cause committee. The committee must review the good cause claim following normal procedures. While the committee is reviewing the claim, the caregiver is considered to be cooperating. If the claim is denied, then the 7th occurrence sanction would be imposed. See §0012.21.06 (Good Cause Exemption from Pursuing Support). When a caregiver who has his or her MFIP case closed for the 7th occurrence of non-compliance with child support (100% sanction) reapplies, do NOT open the case until the caregiver complies.

COMBINED MANUAL ISSUE DATE 06/2007 CHILD SUPPORT SANCTIONS 0012.24

When a caregiver out of compliance with child support has his or her MFIP case closed for reasons OTHER than 100% sanction (for example, a late HRF) reapplies, reinstate the 30% sanction, unless the caregiver is in compliance.

Sanction the case at 30% if the case that was closed for non-compliance (100% sanction) is reopened after compliance and has another occurrence of non-compliance. Close the case if there is a subsequent occurrence of non-compliance for a case reopened after closure for non-compliance.

NOTE: The sanction policy for non-compliance with child support is the same for

households in the 1st 60 months and for extended households.

Closure for non-compliance does NOT make the participant ineligible for Food Support, if otherwise eligible. Determine eligibility for Food Support at the time of closure. Case closure also does not affect health care eligibility.

FOR DUAL SANCTIONS: Impose sanctions as follows for participants who refuse to comply with child support requirements AND have a concurrent sanction for failure to attend orientation or to develop or to comply with their Employment Plan:

If the child support non-compliance and other program non-compliance occur in the SAME month, reduce the Transitional Standard or Shared Household Standard and MFIP food portion, whichever applies, by 30% for the 1st month, then vendor pay shelter costs (and utilities, if applicable) for the 2nd month.

The participant remains subject to vendor payments and 30% sanction until BOTH issues of non-compliance have been resolved.

DWP: Follow MFIP, EXCEPT when notified by IV-D that the caregiver with children is

not cooperating, send a notice of termination and close the case. There are no sanction or vendoring provisions in DWP. The unit may be eligible for DWP again if the unit cooperates. However, a family unit that has been disqualified from DWP due to non-cooperation will not be eligible for MFIP or any other TANF cash program for the remainder of the 4-month DWP eligibility period.

If the family unit that has been closed due to non-cooperation applies for MFIP after the 4-month DWP period ends, the disqualification does not carry over to MFIP. IV-D will determine cooperation or non-cooperation based on the MFIP IV-D referral.

COMBINED MANUAL ISSUE DATE 06/2007 CHILD SUPPORT SANCTIONS 0012.24 FS, MSA, GA, GRH:

No provisions.

COMBINED MANUAL ISSUE DATE 06/2007 FOOD SUPPORT CATEGORICAL ELIGIBILITY 0013.06 MFIP, MSA, GRH:

No provisions. DWP: DWP participants are categorically eligible for Food Support for the duration of

DWP eligibility. See the FS provisions below. FS: There are 2 sets of categorical eligible units. A unit that is categorically eligible for

Food Support may receive $0 benefits due to his or her level of income. Categorically eligible cases remain open on FS even if they receive no benefits. Follow the provisions in §0016 (Income From People Not in the Unit), §0017 (Determining Gross Income), §0018 (Determining Net Income), §0022 (Budgeting and Benefit Determination). There are special provisions for categorically eligible units with 1 or 2 members. See §0022.12.01 (How to Calculate Benefit Level - FS/MSA/GRH).

See the list of ineligible units or unit members for categorical eligibility at the end of this section.

The 1st set includes units that meet 1 or more of the conditions below. These are

exempt from the asset, gross income, net income tests and residency requirements. However, they are still subject to all other eligibility requirements. See TEMP Manual TE02.05.49 (Categorical Eligibility Q&A) for additional information.

Units in which at least 1 member of the unit is receiving, is eligible to receive,

or is authorized to receive benefits or services and could receive them upon request, even though he/she may not be currently receiving benefits or services from 1 of the following programs:

- Transition Year Child Care. See §0029.30 (Child Care Assistance). To be

considered eligible or authorized to receive TYCC, someone in the unit must apply and be determined eligible.

OR - Basic Sliding Fee Child Care. See §0029.30 (Child Care Assistance). To be

considered eligible or authorized to receive Basic Sliding Fee, someone in the unit must apply and be determined eligible for Basic Sliding Fee, even if not actually receiving child care assistance.

Ask the unit about receipt of or eligibility for any of these programs at application, and whenever a Food Support unit exceeds the FS asset limit, gross income limit, or net income limit. Verify receipt of or eligibility for the benefits

COMBINED MANUAL ISSUE DATE 06/2007 FOOD SUPPORT CATEGORICAL ELIGIBILITY 0013.06

from the case record or by contacting the appropriate Child Care worker. Once the unit's categorical eligibility status is known to the agency, document this in CASE/NOTEs. See §0005.12.12 (Application Interviews) for additional information.

Units in which 1 member participates in the Diversionary Work Program

(DWP). NOTE: When DWP closes and the unit is not referred to MFIP, continue FS eligibility and recalculate benefits.

A unit composed entirely of people who receive GA, MSA, or SSI in

Minnesota. Consider people to be receiving GA, MSA, or SSI if any of the following apply: - They have been approved for GA, MSA, or SSI but have not yet received

payment. OR - Their GA, MSA, or SSI payments have been suspended or are being

recouped. People suspended for non-compliance with treatment referral requirements for a drug addiction and/or alcoholic condition are not categorically eligible during the period of suspension.

The 2nd set includes units in which at least 1 member of the unit meets the

Domestic Violence Information Brochure Program requirements. Under this set units are eligible for Food Support when:

A household member has received the Domestic Violence Information Brochure (DHS-3477).

AND The unit’s income is within current FS program gross income limits. The

exceptions to the gross income test (GIT) outlined in §0019 (Gross Income Test) apply when determining a unit's gross income.

AND The unit’s assets, not including vehicles, total less than $7,000. See §0029.36

(Domestic Violence Brochure Program).

These units may already have been found ineligible for Food Support and they are NOT eligible for categorical eligibility:

Any unit in which a unit member is disqualified due to an Intentional Program Violation (IPV).

A unit member fails to comply with monthly reporting requirements.

COMBINED MANUAL ISSUE DATE 06/2007 FOOD SUPPORT CATEGORICAL ELIGIBILITY 0013.06

The head of household is disqualified for failure to cooperate with work requirements.

A unit member is ineligible due to a drug related felony conviction. See

§0011.27.03.01 (Drug Felons - FS).

These unit members may already have been removed or found ineligible for Food Support and they CANNOT be included in a Categorical Eligible household:

Ineligible non-citizens. See §0011.03.09 (Non-Citizens – FS/MSA/GA/GRH).

Ineligible students. See §0011.18 (Students).

People who are residents of an institution and are not eligible to receive Food Support. See §0011.12 (Institutional Residence).

People who are ineligible due to non cooperation with work requirements. See

§0028.30.06 (Type/Length of FSET Sanctions), §0028.30.09 (Refusing or Terminating Employment).

GA: No provisions. However, see the FS provisions above for GA applicants or

participants who are also applying for or receiving FS.

.

COMBINED MANUAL ISSUE DATE 06/2007 WHOSE ASSETS TO CONSIDER - SPONSORS W/ I-864 0015.48.03 The policy on how to deem assets of sponsors of immigrants depends on which affidavit of support was executed by the sponsor. There are 2 different affidavits of support (forms I-134 and I-864). Each form has its own deeming requirements. The I-134 is not legally binding document and deeming is not required; the I-864 is a legally binding document and deeming is required. If subject to deeming, obtain a copy of the Affidavit of Support from the immigrant to determine under which affidavit the immigrant entered the country and to determine the type of deeming requirements. For sponsors who executed the I-134, see §0015.48 06 (Whose Assets to Consider – Sponsors W/I-134). Count the assets of the sponsor and the sponsor’s spouse UNTIL the immigrant:

Becomes a naturalized citizen. OR

Earns or can be credited with 40 qualifying work quarters. OR

Leaves the United States permanently. OR

Dies.

Count the assets of both the sponsor and the sponsor's spouse regardless of whether 1 or both of them signed the affidavit. EXCEPTIONS TO THE SPONSOR DEEMING REQUIREMENT: Do not deem the sponsor’s assets if the sponsored immigrant:

Provides a statement or documentation that the immigrant or his/her child(ren) have been battered or subjected to extreme cruelty by the immigrant’s spouse or parent and: - The immigrant is NOT living with the batterer. AND - The need resulting from the battery or cruelty has a substantial connection to

the need for the assistance. This EXCEPTION is limited to 12 months from the date the EXCEPTION is made. This 12-month deferment may be extended ONLY in the case of the sponsor being the batterer, and if there continues to be a need resulting from the battery and cruelty and the battery and cruelty is recognized by a court order (an order for protection) or by an U.S. Citizenship and Immigration Services (USCIS) determination.

COMBINED MANUAL ISSUE DATE 06/2007 WHOSE ASSETS TO CONSIDER - SPONSORS W/ I-864 0015.48.03

Is without food or shelter as a result of the sponsor’s failure to provide support. Consider this EXCEPTION when the sponsor is unable or failing to provide support or the immigrant is unable to locate the sponsor. To determine if the client is without food or shelter, consider all sources of help available (income plus cash, food, housing, or other help supplied by the sponsor or other people). This EXCEPTION is limited to 12 months from the date the EXCEPTION is made however additional 12-month periods may be approved.

The immigrant must explain why the sponsor is not providing assistance to the immigrant as required under form I-864. Help the client to obtain a collateral statement or documentation to support the allegations. If the sponsored immigrant meets the exception of the sponsor deeming requirement due to the sponsor’s failure to provide support and is approved for Federal Cash or Federal Food benefits under the indigent exemption, the US General Attorney must be notified of the determination. DHS is responsible for reporting this information. County agencies should report the name of the sponsor, sponsored immigrant(s) involved and case number to DHS, Quality Enhancement Section, P.O. Box 64245 St. Paul, Minnesota 55164-09245. County agencies may, under section 213A (b)(2) of the Immigration and Nationality Act, sue sponsors in federal or state court to recover the unreimbursed costs of means tested benefits, including the costs of collection and legal fees. Deeming of assets provisions do not apply to:

Refugees. People granted asylum. LPRs who were refugees or asylees. People paroled for a period of 1 year. Cuban/Haitian Entrants.

MFIP, DWP, MSA, GA, GRH:

Deem ALL of the assets of the sponsor and his or her spouse as available to the sponsored immigrant if the immigrant's entrance into the United States was based on an Affidavit of Support (form I-864) executed by the sponsor.

FS: Count the assets of an immigrant's sponsor and the sponsor's spouse (if the spouse is

living with the sponsor), EXCEPT exclude the 1st $1,500 of their non-excluded assets. If a sponsor is responsible for more than 1 person, divide the remaining assets evenly among the sponsored people.

COMBINED MANUAL ISSUE DATE 06/2007 WHOSE ASSETS TO CONSIDER - SPONSORS W/ I-864 0015.48.03

Do not count a sponsor's assets if:

The sponsored immigrant in a FS unit does not meet immigration status. See §0011.03.09 (Non-Citizens - FS/MSA/GA/GRH).

OR The sponsored immigrant is a child under the age of 18. See §0011.03.15 (Non-Citizens - LPR With Sponsors).

OR The immigrant was in a category that did not require sponsorship as an entry condition, such as, but not limited to, a public interest parolee (PIP), refugee, asylee, or Cuban or Haitian entrant.

OR The immigrant receives FS as a member of the sponsor's FS unit.

OR The sponsor is an organization or group as opposed to an individual.

Count the actual amount of assistance the sponsor provides for indigent immigrants. See INDIGENT IMMIGRANT in §0002.33 (Glossary: Independent...)

COMBINED MANUAL ISSUE DATE 06/2007 EXCLUDED INCOME 0017.06 Exclude income from the following sources for all programs:

Children’s Nutrition Act.

Benefits from the Women, Infant, and Children (WIC) nutrition program.

Benefits from the National School Lunch Act. Count some payments from the Child Care Food Program to providers. See §0017.15.33.21 (Self-Employment Income From In-Home Day Care).

Benefits from the State Food Programs. See §0029.36 (State Food Programs).

Loans which the client has a written agreement to repay, EXCEPT some programs

count student loans. See §0017.15.36 (Student Financial Aid Income). You may use the Gift or Loan Statement (DHS-2808) to verify that a personal loan is not a gift.

Reverse mortgages.

Most income from American Indian tribal land settlements and some income from

interest in tribal trust and other restricted Indian lands. See §0017.15.09 (Income from Tribal Land).

Payments from the Low Income Home Energy Assistance Program (LIHEAP).

Amounts a client receives which are related to shared living expenses and are

solely to pay a portion of another person’s living expense. The client may not own the home, make a profit, or provide any services in exchange for the income. An example is the amount the client receives from a roommate to forward to the landlord.

Payments by the vocational rehabilitation program administered by the state under

Minnesota Statutes, chapter 268A, EXCEPT those payments that are for current living expenses.

Relocation Assistance for displaced persons under Title II of the Uniform

Relocation Assistance and Real Property Acquisition Policies Act of 1970, the Housing and Redevelopment Act of 1965, or the Housing Act of 1965.

Refunds or rebates from the United States Department of Housing and Urban

Development (HUD) for excess rents charged.

COMBINED MANUAL ISSUE DATE 06/2007 EXCLUDED INCOME 0017.06

Security deposit refunds for rent and utility deposit refunds, whether paid by the client, EGA, the former Emergency Assistance program, or out of the Consolidated Fund.

Trade Adjustment Act of 1974.

War reparations payments to Japanese-Americans and Aleuts under Public Law

100-383.

Cash from the sale of the client’s property or assets, regardless of whether the asset was excluded. This does not apply to some business capital gains. See §0017.15.54 (Capital Gains and Losses as Income). For instruction on treating cash from the sale of property as assets, see §0015.09 (Excluded Assets for Self Support), §0015.27 (Excluded Assets - Income), §0015.60 (Evaluation of Lump Sums).

Payments to replace personal or real property made by public agencies, issued by

insurance companies, awarded by a court, or solicited through public appeal. See §0015.36 (Excluded Assets - Funds to Fix/Replace Asset), §0017.15.30 (Lump Sum Income).

Payments to veterans or their dependents made as a result of legal settlements

between veterans and manufacturers of Agent Orange or other chemical agents.

Payments received and used for care and maintenance of a 3rd-party beneficiary who is not a household member. If the payment is intended for both household and non-household members and you cannot determine portions, prorate among the beneficiaries and exclude the non-household members’ pro rata share.

Payments made under the Radiation Exposure Compensation Act (Public Law

101-426).

Mandatory salary reduction amounts for military service personnel which are used to fund the G.I. Bill (Public Law 99-576).

Payments from the Consumer Support Grant (CSG) program when placed in a

CSG account. NOTE: When funds from the CSG account are used as wages to pay for care of the CSG beneficiary, they are considered earned income to the person providing the care and are not excluded under the CSG exclusion provision. See §0029.03.09 (Consumer Support Grant Program).

COMBINED MANUAL ISSUE DATE 06/2007 EXCLUDED INCOME 0017.06

Income that is otherwise specifically excluded by federal or state law or federal regulations.

VA benefits awarded from 12-1-01 to children of Vietnam veterans for a covered

birth defect identified by the VA as associated with the service of these veterans who served in the Republic of Vietnam from 2-28-61 through 5-7-75 and performed active military service.

Combat or Hazard Duty pay received by military personnel who would otherwise be mandatory assistance unit members if they were not serving in a designated Combat Zone. See §0017.15.93 (Military Income), TE02.10.90 (Military Families Receiving FS, MFIP or DWP), TE02.10.92 (Designated Combat Zones).

Some programs also exclude other types of income. See §0017.15 (Specific Types of Income).

COMBINED MANUAL ISSUE DATE 06/2007 PEOPLE EXEMPT FROM NET INCOME LIMITS 0020.03 People may be eligible for some programs without regard to how much net income they have. MFIP, DWP, GA, GRH:

No provisions. FS: Units that meet 1 or more of the conditions below are categorically eligible for Food

Support and, thus, are exempt from the net income test. Although they are exempt from the net income test, they still have to meet other eligibility factors.

Units in which at least 1 member of the unit is receiving or is eligible to receive Transition Year Child Care or Basic Sliding Fee Child Care.

Units in which all members are participants of GA or SSI unless the entire unit lives in an institution. See §0011.12 (Institutional Residence).

Also see §0013.06 (Food Support Categorical Eligibility) for additional information.

MSA: SSI recipients are automatically income eligible.

COMBINED MANUAL ISSUE DATE 06/2007 DETERMINING INCORRECT PAYMENT AMOUNTS - FS 0025.03.01 For general provisions, see §0025.03 (Determining Incorrect Payment Amounts). MFIP, DWP, MSA, GA, GRH:

See §0025.03 (Determining Incorrect Payment Amounts). FS: Do not establish an overpayment or underpayment because of changes that were not

required to be reported by the unit during the certification period. However, for any reported change, take appropriate action. See §0007.15.03 (Unscheduled Reporting of Changes - FS).

When calculating overpayments or underpayments for FS, use the amount of cash assistance actually received in the payment month even if the cash assistance was later determined to be an overpayment.

Do not allow the work expense deduction on income not reported timely. See §0018.06 (Work Expense Deductions).

When calculating an overpayment for a non-categorically eligible unit, first determine the reason for the overpayment. If the overpayment is caused by unreported income, the unit remains in retrospective budgeting unless there are 2 or more consecutive months of ineligibility. If there are 2 or more consecutive months of ineligibility, the case would be presumed closed. Switch the unit to prospective budgeting and presume that the unit reapplied on the 1st day they were eligible. Calculate the amount the unit should have received based on the 1st day they were eligible. See §0022.03.01 (Prospective Budgeting - Program Provisions).

If the ineligibility is caused by any reason other than unreported income, and there is 1 month or more of total ineligibility and then 1 month or more of eligibility, presume that the unit reapplied on the 1st day they were eligible. Calculate the amount the unit should have received based on the 1st day they were eligible. Do not include any amounts that occurred more than 6 years prior to the date of discovery.

COMBINED MANUAL ISSUE DATE 06/2007 TRANSITIONAL MA PROGRAMS 0029.03.03 Some people closed from Medical Assistance (MA) due to increased income may be eligible for Transitional Medical Assistance (TMA) or Transition Year Medical Assistance (TYMA).

Transitional Medical Assistance (TMA): Up to 4 months of additional medical coverage provided to some people terminated from regular MA because of increased child or spousal support.

Transition Year Medical Assistance (TYMA): Up to 12 months of additional medical coverage provided to some people terminated from regular MA due to increased earnings, loss of earned income disregards, or a combination of loss of child/spousal support and increased earnings/loss of earned income disregards.

Households must contain a parent or caretaker and a dependent child. Both programs are person-based; thus, some households may have people receiving regular MA and/or TMA or TYMA. For specific provisions and eligibility criteria, see the Health Care Programs Manual.

COMBINED MANUAL ISSUE DATE 06/2007 CONSUMER SUPPORT GRANT PROGRAM 0029.03.09 The Consumer Support Grant Program (CSG) is a state-funded program that provides funds to help people with functional limitations and their families to purchase and secure supports to maintain safe, independent living. Participation in the CSG program is voluntary for counties and consumers. A person may be able to participate in CSG program only if his/her county of financial responsibility elects to participate in the CSG program. CSG makes support grants to people or families as an effective alternative to existing programs and services, such as the Developmental Disability Family Support Grant program, Personal Care Attendant services, Home Health Aid services, and private duty nursing services. It provides a monthly subsidy to the consumer or his/her representative in the form of cash, grant, voucher, or direct payment to a vendor for the consumer's special needs as approved in an individual service plan. CSG pays for goods and services related to a consumer’s functional limitations that are over and above the normal cost of caring for a person. For example, people may purchase supports such as respite care, assistance with daily living, homemaker, chore and adaptive aids from friends, neighbors, relatives or any other responsible person the consumer knows and trusts. People may not use CSG for services for which other public or private funds or resources are available. People enrolled in the Managed Care program cannot receive CSG funds. People may NOT concurrently receive CSG if they are:

Receiving Home and Community-Based Services under U.S. Code, title 42, section 1396h(c), Personal Care Attendant and Home Health Aid Services under Minnesota Statutes 256B.0625, Developmental Disability Family Support Grant.

OR Residing in an institutional or congregate care setting.

Services and/or items requiring the use of CSG funds must meet ALL of the following criteria:

Must be over and above the normal cost of caring for the consumer if the consumer did not have a functional limitation.

AND Must be directly attributable to the consumer’s limitation.

AND Must enable the consumer or his/her family to delay or prevent out-of-home placement of the consumer.

COMBINED MANUAL ISSUE DATE 06/2007 CONSUMER SUPPORT GRANT PROGRAM 0029.03.09

AND Must be consistent with the consumer's needs identified in the service plan.

To be eligible, the consumer must meet ALL the following criteria:

Is eligible for MA as determined under Minnesota Statutes 256B.055 and 256B.056.

AND Is able to direct and purchase his/her own care and supports, or the consumer has a family member, legal representative, or other responsible person who can purchase and arrange supports on the consumer's behalf.

AND Has functional limitations, requires ongoing supports to live in the community, and is at risk of or would continue institutionalization without such supports.

AND Will live in his/her own home or the home of his/her family member. The home must be a natural home setting, and not licensed by DHS.

The county social services agency applies on the consumer's behalf to DHS for the program. The application must specify the needs of the consumer or his/her family and how they will use the subsidy. For treatment of CSG payment income for all programs, see §0017.06 (Excluded Income).

COMBINED MANUAL ISSUE DATE 06/2007 DOMESTIC VIOLENCE BROCHURE PROGRAM 0029.36 MFIP, DWP, GA, GRH:

No provisions. FS: Units are eligible for Food Support when:

A household member has received the Domestic Violence Information Brochure (DHS-3477).

AND The unit’s income is within current FS program gross income limits. The

exceptions to the gross income test (GIT) outlined in §0019 (Gross Income Test) apply when determining a unit's gross income.

AND The unit’s assets, not including vehicles, total less than $7,000.

This TANF-funded program provides information about the identification of domestic violence and resources available to victims of domestic violence through other DHS programs. See §0013.06 (Food Support Categorical Eligibility) for a list of units that are not eligible for Food Support Categorical Eligibility. Also, see §0005.12.12.01 (Forms/Handouts for New Applicants), §0015.03 (Asset Limits), TE02.05.100 (Domestic Violence Brochure Program), TE02.05.49 (Categorical Eligibility Q&A) for additional information related to Domestic Violence Information Brochure (DHS-3477).

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