441—41.25 (239B) Uncategorized factors of eligibility.
	 41.25(1) Divesting of income. Assistance shall not be approved when an investigation proves that income was divested and the action was deliberate and for the primary purpose of qualifying for assistance or increasing the amount of assistance paid.
	 41.25(2) Duplication of assistance. A recipient whose needs are included in a family investment program grant shall not concurrently receive a grant under any other public assistance program administered by the department, including IV-E foster care, or state-funded foster care. A recipient shall not concurrently receive the family investment program and subsidized adoption unless exclusion of the person from the FIP grant will reduce benefits to the family. Neither shall a recipient concurrently receive a grant from a public assistance program in another state. When a recipient leaves the home of a specified relative, no payment for a concurrent period shall be made for the same recipient in the home of another relative.
	 41.25(3) Aid from other funds. Supplemental aid from any other agency or organization shall be limited to aid for items of need not covered by the department’s standards and to the amount of the percentage reduction used in determining the payment level. Any duplicated assistance shall be considered unearned income.
	 41.25(4) Contracts for support. A person entitled to total support under the terms of an enforceable contract is not eligible to receive the family investment program when the other party, obligated to provide the support, is able to fulfill that part of the contract.
	 41.25(5) Participation in a strike.
	  a.   	 The family of any parent with whom the child(ren) is living shall be ineligible for the family investment program for any month in which the parent is participating in a strike on the last day of the month.
	  b.   	 Any individual shall be ineligible for the family investment program for any month in which the individual is participating in a strike on the last day of that month.
	  c.   	 Definitions:
	 (1) 	 A strike is a concerted stoppage of work by employees (including a stoppage by reason of expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees.
	 (2) 	 An individual is not participating in a strike at the individual’s place of employment when the individual is not picketing and does not intend to picket during the course of the dispute, does not draw strike pay, and provides a signed statement that the individual is willing and ready to return to work but does not want to cross the picket line solely because of the risk of personal injury or death or trauma from harassment. The district administrator shall determine whether such a risk to the individual’s physical or emotional well-being exists.
	 41.25(6) Graduate students. The entire assistance unit is ineligible for FIP when a member of the assistance unit is enrolled in an educational program leading to a degree beyond a bachelor’s degree.
	 41.25(7) Time limit for receiving assistance. Rescinded IAB 7/11/01, effective 9/1/01.
	 41.25(8) School attendance requirements. Rescinded IAB 7/7/04, effective 7/1/04.
	 41.25(9) Pilot diversion programs. Assistance shall not be approved when an assistance unit is subject to a period of ineligibility as described at 441—Chapter 47.
	 41.25(10) Fugitive felons, and probation and parole violators. Assistance shall be denied to a person who is (1) convicted of a felony under state or federal law and is fleeing to avoid prosecution, custody or confinement, or (2) violating a condition of probation or parole imposed under state or federal law. The prohibition does not apply to conduct pardoned by the President of the United States, beginning with the month after the pardon is given.
This rule is intended to implement Iowa Code chapters 239B and 299.