CHAPTER 41GRANTING ASSISTANCE[Prior to 7/1/83, Social Services[770] Ch 41][Prior to 2/11/87, Human Services[498]]DIVISION IFAMILY INVESTMENT PROGRAM—CONTROL GROUP[Rescinded IAB 2/12/97, effective 3/1/97]441—41.1Reserved.441—41.2Reserved.441—41.3Reserved.441—41.4Reserved.441—41.5Reserved.441—41.6Reserved.441—41.7Reserved.441—41.8Reserved.441—41.9Reserved.441—41.10Reserved.441—41.11Reserved.441—41.12Reserved.441—41.13Reserved.441—41.14Reserved.441—41.15Reserved.441—41.16Reserved.441—41.17Reserved.441—41.18Reserved.441—41.19Reserved.441—41.20Reserved.DIVISION IIFAMILY INVESTMENT PROGRAM—TREATMENT GROUP[Prior to 10/13/93, Human Services(441—41.1 to 41.9)]441—41.21(239B)Eligibility factors specific to child. 41.21(1) Age.The family investment program shall be available to a needy child under the age of 18 years without regard to school attendance.A child is eligible for the entire month in which the child’s eighteenth birthday occurs, unless the birthday falls on the first day of the month. The family investment program shall also be available to a needy child of 18 years who is a full-time student in a secondary school, or in the equivalent level of vocational or technical training, as defined in paragraph 41.24(2)“e,” and who is reasonably expected to complete the program before reaching the age of 19. 41.21(2) Reserved. 41.21(3) Residing with relative.The child shall be living in the home of one of the relatives specified in subrule 41.22(3). When an unwed mother intends to place her child for adoption shortly after birth, the child shall be considered as living with the mother until the time custody is actually relinquished. a. Living with relatives implies primarily the existence of a relationship involving an accepted responsibility on the part of the relative for the child’s welfare, including the sharing of a common household. b. Home is the family setting maintained or in the process of being established as evidenced by the assumption and continuation of responsibility for the child by the relative.This rule is intended to implement Iowa Code sections 239B.1, 239B.2 and 239B.5.441—41.22(239B)Eligibility factors specific to payee. 41.22(1) Reserved. 41.22(2) Reserved. 41.22(3) Specified relationship. a. A child may be considered as meeting the requirement of living with a specified relative if the child’s home is with one of the following or with a spouse of the relative even though the marriage is terminated by death or divorce:Father—adoptive father.Mother—adoptive mother.Grandfather—grandfather-in-law, meaning the subsequent husband of the child’s natural grandmother, i.e., stepgrandfather—adoptive grandfather.Grandmother—grandmother-in-law, meaning the subsequent wife of the child’s natural grandfather, i.e., stepgrandmother—adoptive grandmother.Great-grandfather—great-great-grandfather.Great-grandmother—great-great-grandmother.Stepfather, but not his parents.Stepmother, but not her parents.Brother—brother-of-half-blood—stepbrother—brother-in-law—adoptive brother.Sister—sister-of-half-blood—stepsister—sister-in-law—adoptive sister.Uncle—aunt, of whole or half blood.Uncle-in-law—aunt-in-law.Great uncle—great-great-uncle.Great aunt—great-great-aunt.First cousins—nephews—nieces.Second cousins, meaning the son or daughter of one’s parent’s first cousin. b. A relative of the putative father can qualify as a specified relative if the putative father has acknowledged paternity by the type of written evidence on which a prudent person would rely. c. The family investment program is available to a child of unmarried parents the same as to a child of married parents when all eligibility factors are met. d. The presence of an able-bodied stepparent in the home shall not disqualify a child for assistance, provided that other eligibility factors are met. 41.22(4) Liability of relatives.All appropriate steps shall be taken to secure support from legally liable persons on behalf of all persons in the eligible group, including the establishment of paternity. a. When necessary to establish eligibility, the income maintenance unit shall make the initial contact with the absent parent at the time of application. Subsequent contacts shall be made by the child support recovery unit. b. When contact with the family investment program family or other sources of information indicate that relatives other than parents and spouses of the eligible children are contributing toward the support of members of the eligible group, have contributed in the past, or are of such financial standing they might reasonably be expected to contribute, the income maintenance unit shall contact these persons to verify current contributions or arrange for contributions on a voluntary basis. 41.22(5) Referral to child support recovery unit.The income maintenance unit shall provide prompt notice to the child support recovery unit whenever assistance is furnished with respect to a child with a parent who is absent from the home or when any member of the eligible group is entitled to support payments. a. A referral to the child support recovery unit shall not be made when a parent’s absence is occasioned solely by reason of the performance of active duty in the uniformed services of the United States. “Uniformed service” means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration, or Public Health Service of the United States. b. “Prompt notice” means within two working days of the date assistance is approved. 41.22(6) Cooperation in obtaining support.Each applicant for or recipient of the family investment program shall cooperate with the department in establishing paternity and securing support for persons whose needs are included in the assistance grant, except when good cause as defined in 41.22(8) for refusal to cooperate is established. a. The applicant or recipient shall cooperate in the following areas: (1) Identifying and locating the parent of the child for whom aid is claimed. (2) Establishing the paternity of a child born out of wedlock for whom aid is claimed. (3) Obtaining support payments for the applicant or recipient and for a child for whom aid is claimed. b. Cooperation is defined as including the following actions by the applicant or recipient: (1) Appearing at the office of the income maintenance unit or the child support recovery unit to provide verbal or written information or documentary evidence known to, possessed by, or reasonably obtained by the applicant or recipient that is relevant to achieving the objectives of the child support recovery program. (2) Appearing as a witness at judicial or other hearings or proceedings. (3) Providing information, or attesting to the lack of information, under penalty of perjury. (4) Paying to the department any cash support payments for a member of the eligible group, except as described at 41.27(7)“p,” received by a recipient after the date of decision as defined in 441—subrule 40.24(4). (5) Providing the name of the absent parent and additional necessary information. c. The applicant or recipient shall cooperate with the income maintenance unit in supplying information with respect to the absent parent, the receipt of support, and the establishment of paternity, to the extent necessary to establish eligibility for assistance and permit an appropriate referral to the child support recovery unit. d. The applicant or recipient shall cooperate with the child support recovery unit to the extent of supplying all known information and documents pertaining to the location of the absent parent and taking action as may be necessary to secure or enforce a support obligation or establish paternity. This includes completing and signing documents determined to be necessary by the state’s attorney for any relevant judicial or administrative process. e. In the circumstance as described at paragraph “b,” subparagraph (4), the income maintenance unit shall make the determination of whether or not the applicant or recipient has cooperated. In all other instances, the child support recovery unit shall make the determination of whether the applicant or recipient has cooperated. The child support recovery unit delegates the income maintenance unit to make this determination for applicants. f. Failure to cooperate shall result in a sanction to the family. The sanction shall be a deduction of 25 percent from the net cash assistance grant amount payable to the family before any deduction for recoupment of a prior overpayment. (1) When the income maintenance unit determines noncooperation, the sanction shall be implemented after the noncooperation has occurred. The sanction shall remain in effect until the client has expressed willingness to cooperate. However, any action to remove the sanction shall be delayed until cooperation has occurred. (2) When the child support recovery unit (CSRU) makes the determination, the sanction shall be implemented upon notification from CSRU to the income maintenance unit that the client has failed to cooperate. The sanction shall remain in effect until the client has expressed to either income maintenance or CSRU staff willingness to cooperate. However, any action to remove the sanction shall be delayed until income maintenance is notified by CSRU that the client has cooperated. 41.22(7) Assignment of support payments.Each applicant for or recipient of assistance shall assign to the department any rights to support from any other person that the applicant or recipient may have. The assignment of support payments shall include rights to support in the applicant’s or recipient’s own behalf or in behalf of any other family member for whom the applicant or recipient is applying or receiving assistance. a. The assignment of support payments shall include rights to all support payments that accrue during the period of assistance but shall not exceed the total amount of assistance received. b. An assignment is effective the same date all eligibility information is entered into the department’s computer system and is effective for the entire period for which assistance is paid. 41.22(8) Good cause for refusal to cooperate.Good cause shall exist when it is determined that cooperation in establishing paternity and securing support is against the best interests of the child. a. The income maintenance unit shall determine that cooperation is against the child’s best interest when the applicant’s or recipient’s cooperation in establishing paternity or securing support is reasonably anticipated to result in: (1) Physical harm to the child for whom support is to be sought; or (2) Emotional harm to the child for whom support is to be sought; or (3) Physical harm to the parent or caretaker relative with whom the child is living which reduces the person’s capacity to care for the child adequately; or (4) Emotional harm to the parent or caretaker relative with whom the child is living of a nature or degree that it reduces the person’s capacity to care for the child adequately. b. The income maintenance unit shall determine that cooperation is against the child’s best interest when at least one of the following circumstances exists, and the income maintenance unit believes that because of the existence of that circumstance, in the particular case, proceeding to establish paternity or secure support would be detrimental to the child for whom support would be sought. (1) The child for whom support is sought was conceived as a result of incest or forcible rape. (2) Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction. (3) The applicant or recipient is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption, and the discussions have not gone on for more than three months. c. Physical harm and emotional harm shall be of a serious nature in order to justify a finding of good cause. A finding of good cause for emotional harm shall be based only upon a demonstration of an emotional impairment that substantially affects the individual’s functioning. d. When the good cause determination is based in whole or in part upon the anticipation of emotional harm to the child, the parent, or the caretaker relative, the following shall be considered: (1) The present emotional state of the individual subject to emotional harm. (2) The emotional health history of the individual subject to emotional harm. (3) Intensity and probable duration of the emotional impairment. (4) The degree of cooperation required. (5) The extent of involvement of the child in the paternity establishment or support enforcement activity to be undertaken. 41.22(9) Claiming good cause.Each applicant for or recipient of the family investment program who is required to cooperate with the child support recovery unit shall have the opportunity to claim good cause for refusing to cooperate in establishing paternity or securing support payments. a. Before requiring cooperation, the income maintenance unit shall notify the applicant or recipient using Form 470-0169, Requirements of Support Enforcement, of the right to claim good cause as an exception to the cooperation requirement and of all the requirements applicable to a good cause determination. b. The initial notice advising of the right to refuse to cooperate for good cause shall: (1) Advise the applicant or recipient of the potential benefits the child may derive from the establishment of paternity and securing support. (2) Advise the applicant or recipient that by law cooperation in establishing paternity and securing support is a condition of eligibility for the family investment program. (3) Advise the applicant or recipient of the sanctions provided for refusal to cooperate without good cause. (4) Advise the applicant or recipient that good cause for refusal to cooperate may be claimed; and that if the income maintenance unit determines, in accordance with these rules, that there is good cause, the applicant or recipient will be excused from the cooperation requirement. (5) Advise the applicant or recipient that upon request, or following a claim of good cause, the income maintenance unit will provide further notice with additional details concerning good cause. c. When the applicant or recipient makes a claim of good cause or requests additional information regarding the right to file a claim of good cause, the income maintenance unit shall issue a second notice, Form 470-0170, Requirements of Claiming Good Cause. To claim good cause, the applicant or recipient shall sign and date Form 470-0170 and return it to the income maintenance unit. This form: (1) Indicates that the applicant or recipient must provide corroborative evidence of a good cause circumstance and must, when requested, furnish sufficient information to permit the income maintenance unit to investigate the circumstances. (2) Informs the applicant or recipient that, upon request, the income maintenance unit will provide reasonable assistance in obtaining the corroborative evidence. (3) Informs the applicant or recipient that on the basis of the corroborative evidence supplied and the department’s investigation when necessary, the income maintenance unit will determine whether cooperation would be against the best interest of the child for whom support would be sought. (4) Lists the circumstances under which cooperation may be determined to be against the best interests of the child. (5) Informs the applicant or recipient that the child support recovery unit may review the income maintenance unit’s findings and basis for a good cause determination and may participate in any hearings concerning the issue of good cause. (6) Informs the applicant or recipient that the child support recovery unit may attempt to establish paternity and collect support in those cases where the income maintenance unit determines that this can be done without risk to the applicant or recipient if done without the applicant’s or recipient’s participation. d. The applicant or recipient who refuses to cooperate and who claims to have good cause for refusing to cooperate has the burden of establishing the existence of a good cause circumstance. Failure to meet these requirements shall constitute a sufficient basis for the income maintenance unit to determine that good cause does not exist. The applicant or recipient shall: (1) Specify the circumstances that the applicant or recipient believes provide sufficient good cause for not cooperating. (2) Corroborate the good cause circumstances. (3) When requested, provide sufficient information to permit an investigation. 41.22(10) Determination of good cause.The income maintenance unit shall determine whether good cause exists for each applicant for or recipient of the family investment program who claims to have good cause. a. The applicant or recipient shall be notified by the income maintenance unit of its determination that good cause does or does not exist. The determination shall: (1) Be in writing. (2) Contain the income maintenance unit’s findings and basis for determination. (3) Be entered in the family investment program case record. b. The determination of whether or not good cause exists shall be made within 45 days from the day the good cause claim is made. The income maintenance unit may exceed this time standard only when: (1) The case record documents that the income maintenance unit needs additional time because the information required to verify the claim cannot be obtained within the time standard, or (2) The case record documents that the claimant did not provide corroborative evidence within the time period set forth in 41.22(11). c. When the income maintenance unit determines that good cause does not exist: (1) The applicant or recipient will be so notified and afforded an opportunity to cooperate, withdraw the application for assistance, or have the case closed; and (2) Continued refusal to cooperate will result in the imposition of sanctions. d. The income maintenance unit shall make a good cause determination based on the corroborative evidence supplied by the applicant or recipient only after the unit has examined the evidence and found that it actually verifies the good cause claim. e. Before making a final determination of good cause for refusing to cooperate, the income maintenance unit shall: (1) Afford the child support recovery unit the opportunity to review and comment on the findings and basis for the proposed determination, and (2) Consider any recommendation from the child support recovery unit. f. The child support recovery unit may participate in any appeal hearing that results from an applicant’s or recipient’s appeal of an agency action with respect to a decision on a claim of good cause. g. Assistance shall not be denied, delayed, or discontinued pending a determination of good cause for refusal to cooperate when the applicant or recipient has specified the circumstances under which good cause can be claimed and provided the corroborative evidence and any additional information needed to establish good cause. h. The income maintenance unit shall: (1) Periodically, but not less frequently than every six months, review those cases in which the agency has determined that good cause exists based on a circumstance that is subject to change. (2) When it determines that circumstances have changed so that good cause no longer exists, rescind its findings and proceed to enforce the requirements pertaining to cooperation in establishing paternity and securing support. 41.22(11) Proof of good cause.The applicant or recipient who claims good cause shall provide corroborative evidence within 20 days from the day the claim was made. In exceptional cases where the income maintenance unit determines that the applicant or recipient requires additional time because of the difficulty in obtaining the corroborative evidence, the income maintenance unit shall allow a reasonable additional period upon approval by the worker’s immediate supervisor. a. A good cause claim may be corroborated with the following types of evidence. (1) Birth certificates or medical or law enforcement records which indicate that the child was conceived as the result of incest or forcible rape. (2) Court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction. (3) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records which indicate that the putative father or absent parent might inflict physical or emotional harm on the child or caretaker relative. (4) Medical records which indicate emotional health history and present emotional health status of the caretaker relative or the child for whom support would be sought; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or the child for whom support would be sought. (5) A written statement from a public or licensed private social agency that the applicant or recipient is being assisted by the agency to resolve the issue of whether to keep the child or relinquish the child for adoption. (6) Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances which provide the basis for the good cause claim. b. When, after examining the corroborative evidence submitted by the applicant or recipient, the income maintenance unit wishes to request additional corroborative evidence which is needed to permit a good cause determination, the income maintenance unit shall: (1) Promptly notify the applicant or recipient that additional corroborative evidence is needed, and (2) Specify the type of document which is needed. c. When the applicant or recipient requests assistance in securing corroborative evidence, the income maintenance unit shall: (1) Advise the applicant or recipient how to obtain the necessary documents, and (2) Make a reasonable effort to obtain any specific documents which the applicant or recipient is not reasonably able to obtain without assistance. d. When a claim is based on the applicant’s or recipient’s anticipation of physical harm and corroborative evidence is not submitted in support of the claim: (1) The income maintenance unit will investigate the good cause claim when the unit believes that the claim is credible without corroborative evidence and corroborative evidence is not available. (2) Good cause will be found when the claimant’s statement and investigation which is conducted satisfies the income maintenance unit that the applicant or recipient has good cause for refusing to cooperate. (3) A determination that good cause exists will be reviewed and approved or disapproved by the worker’s immediate supervisor and the findings will be recorded in the case record. e. The income maintenance unit may further verify the good cause claim when the applicant’s or recipient’s statement of the claim together with the corroborative evidence do not provide sufficient basis for making a determination. When the income maintenance unit determines that it is necessary, the unit may conduct an investigation of good cause claims to determine that good cause does or does not exist. f. When it conducts an investigation of a good cause claim, the income maintenance unit will: (1) Contact the absent parent or putative father from whom support would be sought when the contact is determined to be necessary to establish the good cause claim. (2) Prior to making the necessary contact, notify the applicant or recipient so the applicant or recipient may present additional corroborative evidence or information so that contact with the parent or putative father becomes unnecessary, withdraw the application for assistance or have the case closed, or have the good cause claim denied. 41.22(12) Enforcement without caretaker’s cooperation.When the income maintenance unit makes a determination that good cause exists, the unit shall also make a determination of whether or not child support enforcement can proceed without risk of harm to the child or caretaker relative when the enforcement or collection activities do not involve the participation of the child or caretaker. a. The child support recovery unit shall have an opportunity to review and comment on the findings and basis for the proposed determination, and the income maintenance unit shall consider any recommendation from the child support recovery unit. b. The determination shall: (1) Be in writing, (2) Contain the income maintenance unit’s findings and basis for determination, and (3) Be entered into the family investment program case record. c. When the income maintenance unit excuses cooperation but determines that the child support recovery unit may proceed to establish paternity or enforce support, the income maintenance unit will notify the applicant or recipient to enable the individual to withdraw the application for assistance or have the case closed. 41.22(13) Furnishing of social security number.As a condition of eligibility each applicant for or recipient of and all members of the eligible group must furnish a social security account number or proof of application for a number if it has not been issued or is not known and provide the number upon its receipt. The requirement shall not apply to a payee who is not a member of the eligible group. a. Assistance shall not be denied, delayed, or discontinued pending the issuance or verification of the numbers when the applicant or recipient has complied with the requirements of 41.22(13). b. When the mother of the newborn child is a current recipient, the mother shall have until the second month following the mother’s discharge from the hospital to apply for a social security account number for the child. c. When the applicant is a battered alien, as described at 41.23(4), the applicant shall have until the month following the month the person receives employment authorization from the Immigration and Naturalization Service to apply for a social security account number. 41.22(14) Reserved. 41.22(15) Requiring minor parents to live with parent or legal guardian.A minor parent and the dependent child in the minor parent’s care must live in the home of a parent or legal guardian of the minor parent in order to receive family investment program benefits unless good cause for not living with the parent or legal guardian is established. a. “Living in the home” includes living in the same apartment, same half of a duplex, same condominium or same row house as the adult parent or legal guardian. It also includes living in an apartment which is located in the home of the adult parent or legal guardian. b. For applicants, determination of whether the minor parent and child are living with a parent or legal guardian or have good cause must be made as of the date of the first application interview as described at 441—subrule 40.24(2). (1) If, as of the date of this interview, the minor parent and child are living with a parent or legal guardian or are determined to have good cause, the FIP application for the minor parent and child shall be approved as early as seven days from receipt of the application provided they are otherwise eligible. (2) If, as of the date of this interview, the minor parent and child are not living with a parent or legal guardian and do not have good cause, the FIP application for the minor parent and child shall be denied. c. For recipients, when changes occur, continuing eligibility shall be redetermined according to 441—subrules 40.27(4) and 40.27(5). d. A minor parent determined to have good cause for not living with a parent or legal guardian must attend FaDSS or other family development as required in 441—subrule 93.4(4). 41.22(16) Good cause for not living in the home of a parent or legal guardian.Good cause shall exist when at least one of the following conditions applies: a. The parents or legal guardian of the minor parent is deceased, missing or living in another state. b. The physical or emotional health or safety of the minor parent or child would be jeopardized if the minor parent is required to live with the parent or legal guardian. (1) Physical or emotional harm shall be of a serious nature in order to justify a finding of good cause. (2) Physical or emotional harm shall include situations of documented abuse or incest. (3) When the good cause determination is based in whole or in part upon the anticipation of emotional harm to the minor parent or child, the following shall be considered:
The present emotional state of the individual subject to emotional harm.
The emotional health history of the individual subject to emotional harm.
Intensity and probable duration of the emotional impairment.
c. The minor parent is in a foster care supervised apartment living arrangement. d. The minor parent is participating in the job corps solo parent program. e. The parents or legal guardian refuses to allow the minor parent and child to return home and the minor parent is living with a specified relative, aged 21 or over, on the day of interview, and the caretaker is the applicant or payee. f. The minor parent and child live in a maternity home or other licensed adult-supervised supportive living arrangement as defined by the department of human services. g. Other circumstances exist which indicate that living with the parents or legal guardian will defeat the goals of self-sufficiency and responsible parenting. Situations which appear to meet this good cause reason must be referred to the administrator of the division of adult, children and family services, or the administrator’s designee, for determination of good cause. 41.22(17) Claiming good cause for not living in the home of a parent or legal guardian.Each applicant or recipient who is not living with a parent or legal guardian shall have the opportunity to claim good cause for not living with a parent or legal guardian. 41.22(18) Determination of good cause for not living in the home of a parent or legal guardian.The department shall determine whether good cause exists for each applicant or recipient who claims good cause. a. The applicant or recipient shall be notified by the department of its determination that good cause does or does not exist. The determination shall: (1) Be in writing. (2) Contain the department’s findings and basis for determination. (3) Be entered in the family investment program case record. b. When the department determines that good cause does not exist: (1) The applicant or recipient shall be so notified. (2) The application shall be denied or family investment program assistance canceled. c. The department shall: (1) Periodically, but not less frequently than every six months, review those cases in which the agency has determined that good cause exists based on a circumstance that is subject to change. (2) When it determines that circumstances have changed so that good cause no longer exists, rescind its findings and proceed to enforce the requirements. 41.22(19) Proof of good cause for not living in the home of a parent or legal guardian.The applicant or recipient who claims good cause shall provide corroborative evidence to prove the good cause claim within the time frames described at 441—subrule 40.24(1) and paragraph 40.27(4)“c.” a. A good cause claim may be corroborated by one or more of the following types of evidence: (1) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records which indicate that the parent or legal guardian might inflict physical or emotional harm on the minor parent or child. (2) Medical records that indicate the emotional health history and present emotional health status of the minor parent or child; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the minor parent or child. (3) Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances which provide the basis for the good cause claim. Written statements from the client’s friends or relatives are not sufficient alone to grant good cause based on physical or emotional harm, but may be used to support other evidence. (4) Notarized statements from the parents or legal guardian or other reliable evidence to verify that the parents or legal guardian refuse to allow the minor parent and child to return home. (5) Court, criminal, child protective services, social services or other records which verify that the parents or legal guardian of the minor parent is deceased, missing or living in another state, or that the minor parent is in a foster care supervised apartment living arrangement, the job corps solo parent program, maternity home or other licensed adult-supervised supportive living arrangement. b. When, after examining the corroborative evidence submitted by the applicant or recipient, the department wishes to request additional corroborative evidence which is needed to permit a good cause determination, the department shall: (1) Promptly notify the applicant or recipient that additional corroborative evidence is needed. (2) Specify the type of document which is needed. c. When the applicant or recipient requests assistance in securing evidence, the department shall: (1) Advise the applicant or recipient how to obtain the necessary documents. (2) Make a reasonable effort to obtain any specific documents which the applicant or recipient is not reasonably able to obtain without assistance.This rule is intended to implement Iowa Code chapter 239B.Related ARC(s): 8004B, 6496C441—41.23(239B)Home, residence, citizenship, and alienage. 41.23(1) Iowa residence. a. A resident of Iowa is one: (1) Who is living in Iowa voluntarily with the intention of making that person’s home there and not for a temporary purpose. A child is a resident of Iowa when living there on other than a temporary basis. Residence may not depend upon the reason for which the individual entered the state, except insofar as it may bear upon whether the individual is there voluntarily or for a temporary purpose; or (2) Who, at the time of application, is living in Iowa, is not receiving assistance from another state, and entered Iowa with a job commitment or seeking employment in Iowa, whether or not currently employed. Under this definition the child is a resident of the state in which the caretaker is a resident. b. Residence is retained until abandoned. Temporary absence from Iowa, with subsequent returns to Iowa, or intent to return when the purposes of the absence have been accomplished, does not interrupt continuity of residence. 41.23(2) Suitability of home.The home shall be deemed suitable until the court has ruled it unsuitable and, as a result of such action, the child has been removed from the home. 41.23(3) Absence from the home. a. An individual who is absent from the home shall not be included in the assistance unit, except as described in paragraph “b.” (1) A parent who is a convicted offender but is permitted to live at home while serving a court-imposed sentence by performing unpaid public work or unpaid community service during the workday is considered absent from the home. (2) A parent whose absence from the home is due solely to a pattern of employment is not considered to be absent. (3) A parent whose absence is occasioned solely by reason of the performance of active duty in the uniformed services of the United States is considered absent from the home, notwithstanding the provisions of subrule 41.22(5). “Uniformed service” means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration, or Public Health Service of the United States. b. The needs of an individual who is temporarily out of the home are included in the eligible group, if otherwise eligible. A temporary absence exists in the following circumstances: (1) An individual is anticipated to be in the medical institution for less than a year, as verified by a physician’s statement. Failure to return within one year will result in the individual’s needs being removed from the grant. (2) An individual is out of the home to secure education or training, as defined for children in 41.24(2)“e” and for adults in rule 441—93.8(239B), first sentence, as long as the caretaker relative retains supervision of the child. (3) An individual is out of the home for reasons other than reasons in subparagraphs (1) and (2) and the payee intends that the individual will return to the home within three months. Failure to return within three months will result in the individual’s needs being removed from the grant. 41.23(4) Battered aliens.A person who meets the conditions of eligibility under Iowa Code section 239B.2 and who meets either of the following requirements shall be eligible for participation in the family investment program: a. The person is a conditional resident alien who was battered or subjected to extreme cruelty, or whose child was battered or subjected to extreme cruelty, perpetrated by the person’s spouse who is a United States citizen or lawful permanent resident, as described in 8 CFR Section 216.5(a)(3). b. The person was battered or subjected to extreme cruelty, or the person’s child was battered or subjected to extreme cruelty, perpetrated by the person’s spouse who is a United States citizen or lawful permanent resident, and the person’s petition has been approved or a petition is pending that sets forth a prima facie case that the person has noncitizen status under any of the following categories: (1) Status as a spouse or child of a United States citizen or lawful permanent resident under the federal Immigration and Nationality Act, Section 204(a)(1)(A). (2) Status as a spouse or child who was battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident under the federal Immigration and Nationality Act, Section 204(a)(iii), as codified in 8 United States Code Section 1154(a)(1)(A)(iii). (3) Classification as a person lawfully admitted for permanent residence under the federal Immigration and Nationality Act. (4) Suspension of deportation and adjustment of status under the federal Immigration and Nationality Act, Section 244(a), as in effect before the date of enactment of the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996. (5) Cancellation of removal or adjustment of status under the federal Immigration and Nationality Act, Section 240A, as codified in 8 United States Code Section 1229b. (6) Status as an asylee, if asylum is pending, under the federal Immigration and Nationality Act, Section 208, as codified in 8 United States Code Section 1158. 41.23(5) Citizenship and alienage. a. Eligible status.A family investment program assistance grant may include the needs of a citizen or national of the United States or a qualified alien as defined at rule 441—40.21(239B). (1) A person who is a qualified alien as defined at rule 441—40.21(239B) is not eligible for family investment program assistance for a five-year period beginning on the date of the person’s entry into the United States with a qualified alien status. (2) Exceptions: The five-year prohibition from family investment program assistance does not apply to:
A qualified alien residing in the United States before August 22, 1996.
A battered alien as described at subrule 41.23(4).
A qualified alien veteran who has an honorable discharge that is not due to alienage.
A qualified alien who is on active duty in the Armed Forces of the United States other than active duty for training.
A qualified alien who is the spouse or unmarried dependent child of a qualified alien described in numbered paragraph “3” or “4,” including a surviving spouse who has not remarried.
A refugee admitted under Section 207 of the Immigration and Nationality Act (INA).
An alien granted asylum under Section 208 of the INA.
An alien admitted as an Amerasian as described in 8 U.S.C. Section 1612(a)(2)(A)(ii)(V).
A Cuban/Haitian entrant as described in 8 U.S.C. Section 1641(b)(7).
An alien whose deportation is withheld under Section 243(h) or Section 241(b)(3) of the INA.
An alien certified as a victim of trafficking as described in Section 107(b)(1)(A) of Public Law 106-386 as amended to December 20, 2010.
An Iraqi or Afghan immigrant treated as a refugee pursuant to Section 1244(g) of Public Law 110-181 as amended to December 20, 2010, or to Section 602(b)(8) of Public Law 111-8 as amended to December 20, 2010.
b. Attestation of status.As a condition of eligibility, an attestation of citizenship or alien status shall be made for all applicants and recipients on Form 470-0462 or 470-0462(S), Food and Financial Support Application, or Form 470-2549, Statement of Citizenship Status. Form 470-2881, 470-2881(S), 470-2881(M), or 470-2881(MS), Review/Recertification Eligibility Document, may be used to attest to the citizenship of dependent children who enter a recipient household. Failure to sign a form attesting to citizenship when required to do so creates ineligibility for the entire eligible group. The attestation may be signed by: (1) The applicant; (2) Someone acting responsibly on the applicant’s or recipient’s behalf if the applicant or recipient is incompetent or incapacitated; or (3) Any adult member of the assistance unit, when eligibility is determined on a family or household basis.This rule is intended to implement Iowa Code sections 239B.2 and 239B.2B.Related ARC(s): 9439B, 1478C, 6496C441—41.24(239B)Promoting independence and self-sufficiency through employment job opportunities and basic skills (PROMISE JOBS) program.All persons in a family investment program (FIP) household shall be referred to the PROMISE JOBS program and shall enter into a family investment agreement (FIA) as a condition of receiving FIP, unless exempt from referral, except as described at subrule 41.24(2). 41.24(1) FIA-responsible persons.The following persons are FIA-responsible unless the department determines the person is exempt: a. All persons whose needs are included in a grant under the FIP program. b. Any parent living in the home of a child receiving a grant. c. All FIP applicants unless the department determines that the applicant is exempt or does not meet other FIP eligibility requirements. d. Applicants who have chosen and are in an active limited benefit plan (LBP). FIA-responsible applicants in an active limited benefit plan shall complete significant contact with or action in regard to PROMISE JOBS as described at paragraphs 41.24(8)“d” and “e” for FIP eligibility to be considered. For two-parent households, both parents must participate as previously stated except when one parent is exempt. Exceptions: (1) The applicant has become exempt from PROMISE JOBS. (2) The applicant is in a subsequent limited benefit plan and it is prior to the last day of the six-month period of ineligibility. 41.24(2) Exemptions.The following persons are exempt from referral: a. Reserved. b. Reserved. c. A person who is under the age of 16 and is not a parent. d. A person found eligible for supplemental security income (SSI) benefits based on disability or blindness. e. A person who is aged 16 to 19, is not a parent, and attends an elementary, secondary or equivalent level of vocational or technical school full-time. For persons who lose exempt status for not attending school, once the person has signed a family investment agreement, the person shall remain referred to PROMISE JOBS and subject to the terms of the agreement. (1) A person shall be considered to be attending school full-time when enrolled or accepted in an elementary school, a secondary school, or the equivalent level of vocational or technical school or training leading to a certificate or diploma, and the school certifies the person’s attendance as full-time. Enrollment in a correspondence school that gives instruction courses by mail is not an allowable program of study. (2) A person shall also be considered to be in regular attendance in months when the person is not attending because of an official school or training program vacation, an illness, a convalescence, or a family emergency. (3) A child meets the definition of regular school attendance until the child has been officially dropped from the school rolls. f. A person who is not a United States citizen and is not a qualified alien as defined in rule 441—40.21(239B). 41.24(3) Parents aged 19 and under. a. Unless exempt as described at subrule 41.24(2), parents aged 18 or 19 are referred to PROMISE JOBS as follows: (1) A parent aged 18 or 19 who has not successfully completed a high school education (or its equivalent) shall be required to participate in educational activities, directed toward the attainment of a high school diploma or its equivalent. (2) The parent shall be required to participate in other PROMISE JOBS options if the person fails to make good progress in completing educational activities or if it is determined that participation in educational activities is inappropriate for the parent. (3) The parent shall be required to participate in parenting skills training in accordance with 441—Chapter 93. b. Unless exempt as described at subrule 41.24(2), parents aged 17 or younger are referred to PROMISE JOBS as follows: (1) A parent aged 17 or younger who has not successfully completed a high school education or its equivalent shall be required to participate in high school completion activities, directed toward the attainment of a high school diploma or its equivalent. (2) The parent shall be required to participate in parenting skills training in accordance with 441—Chapter 93. 41.24(4) Method of referral.The department shall refer each FIA-responsible person as defined at subrule 41.24(1) to PROMISE JOBS to sign a family investment agreement. a. FIA-responsible applicants.During the application interview, the department shall notify the applicant of the requirement to sign a family investment agreement as a condition of FIP eligibility. The department shall refer the applicant by scheduling the applicant for an appointment with the PROMISE JOBS provider agency to develop the family investment agreement. (1) The appointment shall be on the earliest available date but no later than ten calendar days from the date of referral unless the applicant requests an appointment on a day that is beyond ten calendar days. The PROMISE JOBS provider agency shall make sufficient appointment times available to allow the applicant to be scheduled within this time frame. (2) The applicant shall be notified verbally and in writing of the scheduled appointment. If the notice of a scheduled appointment is mailed to the applicant, the department shall allow at least five working days from the date the notice is mailed for the applicant to appear for the scheduled appointment. The department may allow less than five working days if the applicant is verbally notified and agrees to the appointment. (3) If a parent fails to appear for an appointment without rescheduling or fails to sign a family investment agreement, the department shall deny FIP assistance for the entire family. (4) If a minor parent fails to appear for an appointment without rescheduling or fails to sign a family investment agreement, the department shall deny FIP assistance for the minor parent and any child of the minor parent. (5) If a referred person who is not a parent fails to appear for an appointment without rescheduling or fails to sign a family investment agreement, the department shall deny FIP assistance only for that person. b. Hardship applicants.While the eligibility decision is pending, unless the applicants are exempt from referral as defined in subrule 41.24(2), the department shall refer applicants who must qualify for a hardship exemption before approval of FIP to PROMISE JOBS to sign a family investment agreement as described in paragraph 41.24(4)“a” and shall treat applicants in accordance with subrule 41.30(3). c. Applicants in a limited benefit plan.The department shall refer FIA-responsible applicants to PROMISE JOBS as described in paragraph 41.24(4)“a” and inform the applicant of the actions needed to reconsider and end the limited benefit plan as described at subrule 41.24(8). Failure to appear for the appointment without rescheduling or failure to sign a family investment agreement results in denial of the FIP application. d. FIP participants who become FIA-responsible.When a person receiving FIP is no longer exempt, the department shall send the FIP participant a notice. The notice shall contain information about the requirement to sign a family investment agreement and shall instruct the FIP participant to contact PROMISE JOBS within ten calendar days to schedule an appointment with PROMISE JOBS to develop a family investment agreement. If the participant fails to schedule or attend the appointment or fails to sign a family investment agreement, PROMISE JOBS will send a clear written reminder. After one written reminder as described at 441—paragraph 93.3(3)“b,” the participant shall enter into a limited benefit plan as described at paragraph 41.24(8)“c.” 41.24(5) Changes in status and redetermination of exempt status.Any exempt person shall report any change affecting the exempt status to the department within ten days of the change. The department shall reevaluate exempt persons when changes in status occur and at the time of six-month or annual review. The participant and the PROMISE JOBS unit shall be notified of any change in a participant’s exempt status. 41.24(6) Reserved. 41.24(7) Referral to vocational rehabilitation.The department shall make the department of education, division of vocational rehabilitation services, aware of any person who is referred to PROMISE JOBS and who has a medically determined physical or mental disability and a substantial employment limitation resulting from the disability. However, acceptance of vocational rehabilitation services by the client is optional. 41.24(8) Limited benefit plan (LBP).When a participant responsible for signing and meeting the terms of a family investment agreement as described at rule 441—93.4(239B) chooses not to sign or fulfill the terms of the agreement, the FIP assistance unit or the individual participant shall enter into a limited benefit plan. A limited benefit plan is considered imposed as of the date that a timely and adequate notice is issued to the participant as defined at rule 441—16.3(17A). Once the limited benefit plan is imposed, FIP eligibility no longer exists as of the first of the month after the month in which timely and adequate notice is given to the participant. Upon the issuance of the notice to impose a limited benefit plan, the person who chose the limited benefit plan can reconsider and end the limited benefit plan, but only as described at paragraphs 41.24(8)“d” and “e.” a. A limited benefit plan shall either be a first limited benefit plan or a subsequent limited benefit plan. From the effective date of a first limited benefit plan, the FIP eligible group or individual participant shall not be eligible until the participant who chose the limited benefit plan completes significant contact with or action in regard to the PROMISE JOBS program as defined in paragraph 41.24(8)“d.” If a subsequent limited benefit plan is chosen by the same participant, a six-month period of ineligibility applies to the FIP eligible group or individual participant and ineligibility continues after the six-month period is over until the participant who chose the limited benefit plan completes significant contact with or action in regard to the PROMISE JOBS program as defined in paragraph 41.24(8)“e.” A limited benefit plan imposed in error as described in paragraph 41.24(8)“g” shall not be considered a limited benefit plan and shall not count when determining whether a household is subject to a subsequent limited benefit plan. b. The limited benefit plan shall be applied to participants responsible for the family investment agreement and other members of the participant’s family as follows: (1) When the participant responsible for the family investment agreement is a parent, the limited benefit plan shall apply to the entire FIP eligible group as defined at subrule 41.28(1). (2) When the participant choosing a limited benefit plan is a needy specified relative or a dependent child’s stepparent who is in the FIP eligible group because of incapacity, the limited benefit plan shall apply only to the individual participant choosing the plan. Exception: The limited benefit plan shall apply to the entire FIP eligible group as defined at subrule 41.28(1) when a needy specified relative who assumes the role of parent was responsible for the family investment agreement and chose a limited benefit plan effective October 1, 2005, or earlier. (3) When the FIP eligible group includes a minor parent living with the minor parent’s adult parent or needy specified relative who receives FIP benefits and both the minor parent and the adult parent or needy specified relative are responsible for developing a family investment agreement, each parent or needy specified relative is responsible for a separate family investment agreement, and the limited benefit plan shall be applied as follows:
When the adult parent chooses the limited benefit plan, the requirements of the limited benefit plan shall apply to the entire eligible group, even though the minor parent has not chosen the limited benefit plan. However, the minor parent may reapply for FIP benefits as a minor parent living with self-supporting parents or as a minor parent living independently and continue in the family investment agreement process.
When the minor parent chooses the limited benefit plan, the requirements of the limited benefit plan shall apply to the minor parent and any child of the minor parent.
When the minor parent is the only eligible child in the adult parent’s or needy specified relative’s home and the minor parent chooses the limited benefit plan, the adult parent’s or needy specified relative’s FIP eligibility ceases in accordance with subrule 41.28(1). The adult parent or needy specified relative shall become ineligible beginning with the effective date of the minor parent’s limited benefit plan.
When the needy specified relative chooses the limited benefit plan, the requirements of the limited benefit plan shall apply as described at subparagraph 41.24(8)“b”(2).
(4) When the FIP eligible group includes children who are FIA-responsible, the children shall not have a separate family investment agreement but shall be asked to sign the eligible group’s family investment agreement and to carry out the responsibilities of that family investment agreement. A limited benefit plan shall be applied as follows:
When the parent or needy specified relative responsible for a family investment agreement meets those responsibilities but a child who is FIA-responsible chooses an individual limited benefit plan, the limited benefit plan shall apply only to the individual child choosing the plan.
When the child who chooses a limited benefit plan under numbered paragraph 41.24(8)“b”(4)“1” is the only child in the eligible group, the parents’ or needy specified relative’s eligibility ceases in accordance with subrule 41.28(1). The parents or needy specified relative shall become ineligible beginning with the effective date of the child’s limited benefit plan.
(5) When the FIP eligible group includes parents or needy specified relatives who are exempt from PROMISE JOBS participation and children who are FIA-responsible, the children are responsible for completing a family investment agreement. If a child who is FIA-responsible chooses the limited benefit plan, the limited benefit plan shall be applied in the manner described in subparagraph 41.24(8)“b”(4). (6) When both parents of a FIP child are in the home, a limited benefit plan shall be applied as follows:
When only one parent of a child in the eligible group is responsible for a family investment agreement and that parent chooses the limited benefit plan, the limited benefit plan applies to the entire family and cannot be ended by the voluntary participation in a family investment agreement by the exempt parent.
When both parents of a child in the eligible group are responsible for a family investment agreement, both are expected to sign the agreement. If either parent chooses the limited benefit plan, the limited benefit plan cannot be ended by the participation of the other parent in a family investment agreement.
When the parents from a two-parent family in a limited benefit plan separate, the limited benefit plan shall follow only the parent who chose the limited benefit plan and any children in the home of that parent.
A subsequent limited benefit plan applies when either parent in a two-parent family previously chose a limited benefit plan.
c. A participant shall be considered to have chosen a limited benefit plan under any of the following circumstances: (1) A participant who loses exempt status and is referred to PROMISE JOBS as described at paragraph 41.24(4)“d” and who does not schedule or attend an appointment for orientation and development of a family investment agreement with PROMISE JOBS after PROMISE JOBS sends one clear written reminder as described at 441—paragraph 93.3(3)“b” shall enter into the limited benefit plan. (2) A participant who chooses not to sign the family investment agreement shall enter into the limited benefit plan. For an applicant, signing a family investment agreement is a FIP eligibility requirement. If an applicant chooses not to sign the agreement, the limited benefit plan process is not applicable. (3) A participant who signs a family investment agreement but does not carry out the family investment agreement responsibilities shall enter into a limited benefit plan whether the person signed the agreement as a FIP applicant or as a FIP participant. This includes a participant who fails to respond to the PROMISE JOBS worker’s request to renegotiate the family investment agreement when the participant has not attained self-sufficiency by the date established in the family investment agreement. A limited benefit plan shall be imposed regardless of whether the request to renegotiate is made before or after expiration of the family investment agreement. d. Reconsideration of a first limited benefit plan. A person who chooses a first limited benefit plan may reconsider at any time from the date timely and adequate notice is issued establishing the limited benefit plan. To reconsider and end the limited benefit plan, the person must communicate the desire to engage in PROMISE JOBS activities to the department or appropriate PROMISE JOBS office and develop and sign the family investment agreement. (1) Since a first limited benefit plan is considered imposed as of the date that a timely and adequate notice is issued, the person who chose the limited benefit plan cannot end it by complying with the issue that resulted in its imposition. To end the limited benefit plan, the person must also sign a family investment agreement, even if the person had signed an agreement before choosing the limited benefit plan. (2) FIP benefits shall be effective the date the family investment agreement is signed or the effective date of the grant as described in rule 441—40.26(239B), whichever date is later. FIP benefits may be reinstated in accordance with 441—subrule 40.22(5) when the family investment agreement is signed before the effective date of a first limited benefit plan. e. Reconsideration of a subsequent limited benefit plan. A person who chooses a subsequent limited benefit plan may reconsider that choice at any time following the required six-month period of ineligibility. (1) A subsequent limited benefit plan is considered imposed as of the date that a timely and adequate notice is issued to establish the limited benefit plan. Therefore, once timely and adequate notice is issued, the person who chose the limited benefit plan cannot end it by complying with the issue that resulted in its imposition. (2) FIP eligibility no longer exists as of the effective date of the limited benefit plan. Eligibility cannot be reestablished until the six-month period of ineligibility has expired. FIP eligibility does not exist for a person who reapplies for FIP after the notice is issued and before the effective date of the limited benefit plan because the person is not eligible to sign a family investment agreement until the six-month period of ineligibility has expired. (3) To reconsider and end the limited benefit plan, the person must:
Contact the department or the appropriate PROMISE JOBS office to communicate the desire to engage in PROMISE JOBS activities,
Sign a new or updated family investment agreement, and
Satisfactorily complete 20 hours of employment or the equivalent in an activity other than work experience or unpaid community service, unless problems as described at rule 441—93.14(239B) or barriers as described at 441—subrule 93.4(5) apply. The 20 hours of employment or other activity must be completed within 30 days of the date that the family investment agreement is signed, unless problems as described at rule 441—93.14(239B) or barriers as described at 441—subrule 93.4(5) apply.
(4) FIP benefits shall not begin until the person who chose the limited benefit plan completes the previously defined significant actions. FIP benefits shall be effective the date the family investment agreement is signed or the effective date of the grant as described in rule 441—40.26(239B), whichever date is later, but in no case shall the effective date be within the six-month period of ineligibility. f. Reconsideration by two-parent family. For a two-parent family when both parents are responsible for a family investment agreement as described at subrule 41.24(1), a first or subsequent limited benefit plan continues until both parents have completed significant contact or action with the PROMISE JOBS program as described in paragraphs “d” and “e” above. g. Limited benefit plan imposed in error. A limited benefit plan imposed in error shall not be considered a limited benefit plan. This includes any instance when participation in PROMISE JOBS should not have been required as described in the administrative rules. Examples of instances when an error has occurred are: (1) The person was exempt from PROMISE JOBS participation at the time the person chose the limited benefit plan. (2) It is verified that the person considered to have chosen the limited benefit plan moved out of state or requested cancellation of FIP prior to the date that PROMISE JOBS determined the limited benefit plan was chosen. (3) The final appeal decision under 441—Chapter 7 reverses the decision to impose a limited benefit plan. (4) It is determined that the entire amount of assistance issued for the person who chose the limited benefit plan is subject to recoupment for the month when the person chose not to fulfill the terms of the family investment agreement. (5) The person informs PROMISE JOBS of a newly revealed problem as described at rule 441—93.14(239B) or barrier as described at 441—subrule 93.4(5) after the limited benefit plan is imposed, and it is reasonable that the problem or barrier contributed to a failure that resulted in imposition of the limited benefit plan. The person may be required to provide documentation of the problem or barrier as described at 441—subrule 93.10(3). 41.24(9) Reserved. 41.24(10) Notification of services. a. The department shall inform all applicants for and recipients of FIP of the advantages of employment under FIP. b. The department shall provide a full explanation of the family rights, responsibilities, and obligations under PROMISE JOBS and the FIA, with information on the time-limited nature of the agreement. c. The department shall provide information on the employment, education and training opportunities, and support services to which they are entitled under PROMISE JOBS, as well as the obligations of the department. This information shall include explanations of child care assistance and transitional Medicaid. d. The department shall inform applicants for and recipients of FIP benefits of the grounds for exemption from FIA responsibility and from participation in the PROMISE JOBS program. e. The department shall explain the LBP and the process by which FIA-responsible persons can choose the LBP. f. The department shall inform all applicants for and recipients of FIP of their responsibility to cooperate in establishing paternity and enforcing child support obligations. g. The department shall inform applicants for FIP benefits that a family investment agreement must be signed before FIP approval as a condition of eligibility, except as described at subrule 41.24(2).This rule is intended to implement Iowa Code section 239B.4(6).Related ARC(s): 9439B, 1146C, 1208C, 2272C, 4973C, 6496C441—41.25(239B)Uncategorized factors of eligibility. 41.25(1) Divesting of income.Rescinded IAB 9/7/22, effective 11/1/22. 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, state-funded foster care or kinship caregiver program payments. a. 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. b. When a family investment program recipient is approved for foster care or subsidized adoption assistance while remaining in the same home, family investment program assistance shall be canceled effective the first day of the next calendar month following the date approval of the foster care or subsidized adoption payment is successfully entered into the department’s computer system. FIP assistance for the month for which the foster care or subsidized adoption payment is approved or any past months for which foster care or subsidized adoption payments are made retroactively shall not be subject to recoupment. c. A recipient shall not concurrently receive a grant from a public assistance program in another state. d. 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 service area manager 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) Reserved. 41.25(8) Reserved. 41.25(9) Pilot diversion programs.Rescinded IAB 9/7/22, effective 11/1/22. 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. 41.25(11) Access to benefits.As a condition of eligibility, applicants and recipients must agree in writing to not use an electronic access card at prohibited locations. By signing Form 470-0462 or 470-0462(S), Food and Financial Support Application, or Form 470-2881, 470-2881(S), 470-2881(M), or 470-2881(MS), Review/Recertification Eligibility Document, the applicant, the applicant’s authorized representative or, when the applicant is incompetent or incapacitated, someone acting responsibly on the applicant’s behalf agrees to this condition of eligibility. When both parents, or a parent and a stepparent, are in the home and eligibility is determined on a family or household basis, one parent or stepparent may sign the application and agree to this condition for the assistance unit. Failure to sign a form agreeing to not use the electronic access card at prohibited locations creates ineligibility for the entire eligible group. a. A recipient shall not use the recipient’s electronic access card issued pursuant to 441—subrule 45.21(1) to access benefits at any of the following prohibited locations as defined by federal statute or regulation applicable to this prohibition and as further defined in rule 441—40.21(239B): (1) A liquor store, (2) A casino, gambling casino, or gaming establishment, or (3) A retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. b. When the department receives a detailed complaint or suspects that a recipient has used the recipient’s electronic access card at a prohibited location, the case shall be referred to the department of inspections and appeals for further investigation. c. When the department of inspections and appeals finds that a recipient has used the recipient’s electronic access card at a prohibited location, the household that includes the recipient is: (1) Considered to have committed a fraudulent act; (2) Liable for any amounts accessed and any associated fees for accessing the benefits at a prohibited location and required to repay such amount in accordance with 441—Chapter 46; (3) Ineligible for FIP for a three-month period after the first report by the department of inspections and appeals which includes a finding of misuse; (4) Ineligible for FIP for a six-month period after each subsequent report by the department of inspections and appeals which includes a finding of misuse. d. When parents from a two-parent family separate during an ineligibility period, if: (1) The department of inspections and appeals investigation identifies the recipient who used the electronic access card at a prohibited location, the ineligibility period will follow that recipient. (2) The department of inspections and appeals investigation does not identify the recipient who used the electronic access card at a prohibited location, the ineligibility period will follow the recipient who is the case name when the violation occurred. e. A new period of ineligibility shall be established when: (1) A recipient files an appeal either:
Before the effective date of the intended action on the notice of decision or notice of action establishing the beginning date of the ineligibility period, or
Within ten days from the date on which a notice establishing the beginning date of the ineligibility period is received. The date on which notice is received is considered to be five days after the date on the notice, unless the beneficiary shows that the beneficiary did not receive the notice within the five-day period;
(2) Assistance is continued pending the final decision of the appeal; and (3) The department’s action is affirmed.Assistance issued pending the final decision of an appeal is not subject to recovery pursuant to rule 441—7.17(17A).This rule is intended to implement Iowa Code chapter 239B.Related ARC(s): 1207C, 1478C, 1694C, 2812C, 6496C441—41.26(239B)Resources. 41.26(1) Limitation.An applicant or recipient may have the following resources and be eligible for the family investment program. Any resource not specifically exempted shall be counted toward resource limitations. a. A homestead without regard to its value. A mobile home or similar shelter shall be considered as a homestead when it is occupied by the recipient. Temporary absence from the homestead with a defined purpose for the absence and with intent to return when the purpose of the absence has been accomplished shall not be considered to have altered the exempt status of the homestead. Except as described at 41.26(1)“n” or “o” and 41.26(6)“d,” the net market value of any other real property shall be considered with personal property. b. Household goods and personal effects without regard to their value. Personal effects are personal or intimate tangible belongings of an individual, especially those that are worn or carried on the person, which are maintained in one’s home, and include clothing, books, grooming aids, jewelry, hobby equipment, and similar items. c. Life insurance which has no cash surrender value. The owner of the life insurance policy is the individual paying the premium on the policy with the right to change the policy as the individual sees fit. d. Motor vehicles. (1) One motor vehicle without regard to its value. (2) An equity not to exceed a value of $4115 in one motor vehicle for each adult and working teenage child whose resources must be considered as described in 41.26(2). The disregard shall be allowed when the working teenager is temporarily absent from work. The equity value in excess of $4115 of any vehicle shall be counted toward the resource limit in 41.26(1)“e.” When a motor vehicle is modified with special equipment for the handicapped, the special equipment shall not increase the value of the motor vehicle.The department shall annually increase the motor vehicle equity value to be disregarded by the latest increase in the consumer price index for used vehicles during the previous state fiscal year. e. A reserve of other property, real or personal, not to exceed $2000 for applicant assistance units and $5000 for recipient assistance units. Exception: Applicant assistance units with at least one member who was a recipient in Iowa in the month prior to the month of application are subject to the $5000 limit. The exception includes those persons who did not receive an assistance grant due to the limitations described at rules 441—45.26(239B) and 441—45.27(239B).Resources of the applicant or the recipient shall be determined in accordance with subrule 41.26(2). f. Money which is counted as income in a month, during that same month; and that part of lump sum income defined in 41.27(9)“c”(2) reserved for the current or future month’s income. g. Payments which are exempted for consideration as income and resources under subrule 41.27(6). h. An equity not to exceed $1,500 in one funeral contract or burial trust for each member of the eligible group. Any amount in excess of $1,500 shall be counted toward resource limitations unless it is established that the funeral contract or burial trust is irrevocable. i. One burial plot for each member of the eligible group. A burial plot is defined as a conventional gravesite, crypt, mausoleum, urn, or other repository which is customarily and traditionally used for the remains of a deceased person. j. Settlements for payment of medical expenses. k. Life estates. l. Federal or state earned income tax credit payments in the month of receipt and the following month, regardless of whether these payments are received with the regular paychecks or as a lump sum with the federal or state income tax refund. m. The balance in an individual development account (IDA), including interest earned on the IDA. n. An equity not to exceed $10,000 for tools of the trade or capital assets of self-employed households.When the value of any resource is exempted in part, that portion of the value which exceeds the exemption shall be considered in computing whether the eligible group’s property is within the reserve defined in paragraph “e.” o. Nonhomestead property that produces income consistent with the property’s fair market value. 41.26(2) Persons considered. a. Resources of persons in the eligible group shall be considered in establishing property limitations. b. Resources of the parent who is living in the home with the eligible child(ren) but whose needs are excluded from the eligible group shall be considered in the same manner as if the parent were included in the eligible group. c. Resources of the stepparent living in the home shall not be considered when determining eligibility of the eligible group, with one exception: The resources of a stepparent included in the eligible group shall be considered in the same manner as a parent. d. The resources of supplemental security income recipients shall not be counted in establishing property limitations. e. The resources of a nonparental relative who elects to be included in the eligible group shall be considered in the same manner as a parent. 41.26(3) Homestead defined.The homestead consists of the house, used as a home, and may contain one or more contiguous lots or tracts of land, including buildings and appurtenances. When within a city plat, it shall not exceed ½-acre in area. When outside a city plat it shall not contain, in the aggregate, more than 40 acres. When property used as a home exceeds these limitations, the equity value of the excess property shall be determined in accordance with subrule 41.26(5). 41.26(4) Liquidation.When proceeds from the sale of resources or conversion of a resource to cash, together with other nonexempted resources, exceed the property limitations, the recipient is ineligible to receive assistance until the amount in excess of the resource limitation has been expended unless immediately used to purchase a homestead, or reduce the mortgage on a homestead. a. Property settlements. Property settlements which are part of a legal action in a dissolution of marriage or palimony suit are considered as resources upon receipt. b. Property sold under installment contract. Property sold under an installment contract or held as security in exchange for a price consistent with its fair market value is exempt as a resource. If the price is not consistent with the contract’s fair market value, the resource value of the installment contract is the gross price for which it can be sold or discounted on the open market, less any legal debts, claims, or liens against the installment contract.Payments from property sold under an installment contract are exempt as income as specified in paragraphs 41.27(1)“f” and 41.27(7)“aj.” The portion of any payment received representing principal is considered a resource upon receipt. The interest portion of the payment is considered a resource the month following the month of receipt. 41.26(5) Net market value defined.Net market value is the gross price for which property or an item can currently be sold on the open market, less any legal debts, claims, or liens against the property or item. 41.26(6) Availability. a. A resource must be available in order for it to be counted toward resource limitations. A resource is considered available under the following circumstances: (1) The applicant/recipient owns the property in part or in full and has control over it; that is, it can be occupied, rented, leased, sold, or otherwise used or disposed of at the individual’s discretion. (2) The applicant/recipient has a legal interest in a liquidated sum and has the legal ability to make the sum available for support and maintenance. b. Reserved. c. When property is owned by more than one person, unless otherwise established, it is assumed that all individuals hold equal shares in the property. d. When the applicant or recipient owns nonhomestead property, the property shall be considered exempt for so long as the property is publicly advertised for sale at an asking price that is consistent with its fair market value. 41.26(7) Damage judgments and insurance settlements. a. Payment resulting from damage to or destruction of an exempt resource shall be considered a resource to the applicant/recipient the month following the month the payment was received. When the applicant/recipient signs a legal binding commitment no later than the month after the month the payment was received, the funds shall be considered exempt for the duration of the commitment providing the terms of the commitment are met within eight months from the date of commitment. b. Payment resulting from damage to or destruction of a nonexempt resource shall be considered a resource in the month following the month in which payment was received. 41.26(8) Trusts.The department shall determine whether assets from a trust or conservatorship, except one established solely for the payment of medical expenses, are available by examining the language of the trust agreement or order establishing a conservatorship. a. Funds clearly conserved and available for care, support, or maintenance shall be considered toward resource or income limitations. b. When the department questions whether the funds in a trust or conservatorship are available, the trust or conservatorship shall be referred to the central office. (1) When assets in the trust or conservatorship are not clearly available, central office staff may contact the trustee or conservator and request that the funds in the trust or conservatorship be made available for current support and maintenance. When the trustee or conservator chooses not to make the funds available, the department may petition the court to have the funds released either partially or in their entirety or as periodic income payments. (2) Funds in a trust or conservatorship that are not clearly available shall be considered unavailable until the trustee, conservator or court actually makes the funds available. Payments received from the trust or conservatorship for basic or special needs are considered income. 41.26(9) Aliens sponsored by individuals.When an alien admitted for lawful permanent residence is sponsored by a person who executed an enforceable affidavit of support as described in 8 U.S.C. Section 1631(a)(1) on behalf of the alien, the resources of the alien shall be deemed to include the resources of the sponsor (and of the sponsor’s spouse if living with the sponsor). The amount of the resources of the sponsor and the sponsor’s spouse deemed to the alien shall be the total countable resources as described in rule 441—41.26(239B) remaining after a $1,500 deduction is subtracted. The following are exceptions to deeming of a sponsor’s resources: a. Deeming of the sponsor’s resources does not apply when: (1) The sponsored alien attains citizenship through naturalization pursuant to Chapter 2 of Title III of the Immigration and Nationality Act; (2) The sponsored alien has earned 40 qualifying quarters of coverage as defined in Title II of the Social Security Act or can be credited with 40 qualifying quarters as defined at rule 441—40.21(239B); or (3) The sponsored alien or the sponsor dies. b. An indigent alien is exempt from the deeming of a sponsor’s resources for 12 months after indigence is determined. An alien shall be considered indigent if: (1) The alien does not live with the sponsor; and (2) The alien’s gross income, including any income received from or made available by the sponsor, is less than 100 percent of the federal poverty level for the sponsored alien’s household size. c. A battered alien as described in 8 U.S.C. Section 1641(c) is exempt from the deeming of a sponsor’s resources for 12 months. 41.26(10) Not considered a resource.Inventories and supplies, exclusive of capital assets, that are required for self-employment shall not be considered a resource. Inventory is defined as all unsold items, whether raised or purchased, that are held for sale or use and shall include, but not be limited to, merchandise, grain held in storage and livestock raised for sale. Supplies are items necessary for the operation of the enterprise, such as lumber, paint and seed. Capital assets are those assets which, if sold at a later date, could be used to claim capital gains or losses for federal income tax purposes. When self-employment is temporarily interrupted due to circumstances beyond the control of the household, such as illness, and inventory or supplies retained by the household shall not be considered a resource.This rule is intended to implement Iowa Code section 239B.5.Related ARC(s): 9439B, 6496C441—41.27(239B)Income.All unearned and earned income, unless specifically exempted, disregarded, deducted for work expenses, or diverted as defined in these rules, shall be considered in determining initial and continuing eligibility and the amount of the family investment program grant.
The determination of initial eligibility is a three-step process. Initial eligibility shall be granted only when (1) the countable gross nonexempt unearned and earned income, exclusive of the family investment program grant, received by the eligible group and available to meet the current month’s needs is no more than 185 percent of the standard of need for the eligible group; (2) the countable net unearned and earned income is less than the standard of need for the eligible group; and (3) the countable net unearned and earned income, after applying allowable disregards, is less than the payment standard for the eligible group.
The determination of continuing eligibility is a two-step process. Continuing eligibility shall be granted only when (1) countable gross nonexempt income, as described for initial eligibility, does not exceed 185 percent of the standard of need for the eligible group; and (2) countable net unearned and earned income is less than the payment standard for the eligible group.
The amount of the family investment program grant shall be determined by subtracting countable net income from the payment standard for the eligible group. Child support assigned to the department in accordance with subrule 41.22(7) and retained by the department as described in subparagraph 41.27(1)“h”(2) shall be considered as exempt income for the purpose of determining continuing eligibility. Deductions and diversions shall be allowed when verification is provided.
41.27(1) Unearned income.Unearned income is any income in cash that is not gained by labor or service. When taxes are withheld from unearned income, the amount considered will be the net income after the withholding of taxes (Federal Insurance Contribution Act, state and federal income taxes). Net unearned income shall be determined by deducting reasonable income-producing costs from the gross unearned income. Money left after this deduction shall be considered gross income available to meet the needs of the eligible group. a. Social security income is the amount of the entitlement before withholding of a Medicare premium. b. Reserved. c. Reserved. d. Reserved. e. Reserved. f. When the applicant or recipient sells property on contract, proceeds from the sale shall be considered exempt as income. The portion of any payment that represents principal is considered a resource upon receipt as defined in 41.26(4). The interest portion of the payment is considered a resource the month following the month of receipt. g. Every person in the eligible group and any parent living in the home of a child in the eligible group shall take all steps necessary to apply for and, if entitled, accept any financial benefit for which that person may be qualified, even though the benefit may be reduced because of the laws governing a particular benefit. When the person claims a physical or mental disability that is expected to last continuously for 12 months from the time of the claim or to result in death and the person is unable to engage in substantial activity due to the disability, or the person otherwise appears eligible, as the person is aged 65 or older or is blind, the person shall apply for social security benefits and supplemental security income benefits. (1) Except as described in subparagraph (2), the needs of any person who refuses to take all steps necessary to apply for and, if eligible, to accept other financial benefits shall be removed from the eligible group. The person remains eligible for the work incentive disregard described in paragraph 41.27(2)“c.” (2) The entire assistance unit is ineligible for FIP when a person refuses to apply for or, if entitled, to accept social security or supplemental security income. For applicants, this subparagraph applies to those who apply on or after July 1, 2002. For FIP recipients, this subparagraph applies at the time of the next six-month or annual review as described at 441—subrule 40.27(1) or when the recipient reports a change that may qualify a person in the eligible group or a parent living in the home for these benefits, whichever occurs earlier. h. Support payments in cash shall be considered as unearned income in determining initial and continuing eligibility. (1) Any nonexempt cash support payment for a member of the eligible group, made while the application is pending, shall be treated as unearned income and deducted from the initial assistance grant(s). Any cash support payment for a member of the eligible group, except as described at 41.27(7)“p,” received by the recipient after the date of decision as defined in 441—subrule 40.24(4) shall be refunded to the child support recovery unit. (2) Assigned support collected in a month and retained by child support recovery shall be exempt as income for determining prospective or retrospective eligibility. Participants shall have the option of withdrawing from FIP at any time and receiving their child support direct. i. The applicant or recipient shall cooperate in supplying verification of all unearned income, as defined at 441—paragraph 40.24(1)“b” and 441—subrule 40.27(4). When the information is available, the department shall verify unemployment insurance benefits by using information supplied to the department by the department of workforce development. When the client notifies the department that the amount of unemployment insurance benefits used is incorrect, the client shall be allowed to verify the discrepancy. A payment adjustment shall be made when indicated. Recoupment shall be made for any overpayment. The client must report the discrepancy prior to the payment month or within ten days of the date on the Notice of Decision, Form 470-0485(C) or 470-0486(M), applicable to the payment month, whichever is later, in order to receive a payment adjustment. 41.27(2) Earned income.Earned income is defined as income in the form of a salary, wages, tips, bonuses, commissions earned as an employee, income from Job Corps, or profit from self-employment. Earned income from commissions, wages, tips, bonuses, Job Corps, or salary means the total gross amount irrespective of the expenses of employment. Income shall be considered earned income when it is produced as a result of the performance of services by an individual. a. Earned income deduction.Each person in the assistance unit whose gross nonexempt earned income, earned as an employee or net profit from self-employment, is considered in determining eligibility and the amount of the assistance grant is entitled to one 20 percent earned income deduction of nonexempt monthly gross earnings. The deduction is intended to include all work-related expenses other than child care. These expenses shall include, but not be limited to, all of the following: taxes, transportation, meals, uniforms, and other work-related expenses. b. Reserved. c. Work incentive disregard.After deducting the allowable work-related expenses as defined in paragraph 41.27(2)“a” and income diversions as defined in subrules 41.27(4) and 41.27(8), the department shall disregard 58 percent of the total of the remaining monthly nonexempt earned income, earned as an employee or the net profit from self-employment, of each person whose income must be considered in determining eligibility and the amount of the assistance grant. (1) The work incentive disregard is not time-limited. (2) Initial eligibility is determined without the application of the work incentive disregard as described at subparagraphs 41.27(9)“a”(2) and (3). d. Self-employment.A person is considered self-employed when the person: (1) Is not required to report to the office regularly except for specific purposes such as sales training meetings, administrative meetings, or evaluation sessions. (2) Establishes the person’s own working hours, territory, and methods of work. (3) Files quarterly reports of earnings, withholding payments, and FICA payments to the Internal Revenue Service. e. Self-employment income.Earned income from self-employment as defined in paragraph 41.27(2)“d” means the net profit from self-employment. “Net profit” means gross self-employment income less: (1) Forty percent of the gross income to cover the costs of producing the income, or (2) At the request of the applicant or recipient, actual expenses determined in the manner specified in paragraph 41.27(2)“f.” f. Deduction of self-employment expenses.When the applicant or recipient requests that actual expenses be deducted, the net profit from self-employment income shall be determined by deducting only the following expenses that are directly related to the production of the income: (1) The cost of inventories and supplies purchased that are required for the business, such as items for sale or consumption and raw materials. (2) Wages, commissions, and mandated costs relating to the wages for employees of the self-employed. (3) The cost of shelter in the form of rent; the interest on mortgage or contract payments; taxes; and utilities. (4) The cost of machinery and equipment in the form of rent or the interest on mortgage or contract payments. (5) Insurance on the real or personal property involved. (6) The cost of any repairs needed. (7) The cost of any travel required. (8) Any other expense directly related to the production of income, except the purchase of capital equipment and payment on the principal of loans for capital assets and durable goods or any cost of depreciation. g. Child care income.Gross income from providing child care in the applicant’s or recipient’s own home shall include the total payment(s) received for the service and any payment received due to the Child Nutrition Amendments of 1978 for the cost of providing meals to children. h. Income verification.The applicant or recipient shall cooperate in supplying verification of all earned income and of any change in income, as defined at 441—paragraph 40.24(1)“b” and 441—subrule 40.27(4). A self-employed individual shall keep any records necessary to establish eligibility. 41.27(3) Shared living arrangements.When a family investment program parent shares living arrangements with another family or person, funds combined to meet mutual obligations for shelter and other basic needs are not income. Funds made available to the family investment program eligible group, exclusively for their needs, are considered income. 41.27(4) Diversion of income. a. Nonexempt earned and unearned income of the parent shall be diverted to meet the unmet needs, including special needs, of the ineligible child(ren) of the parent living in the family group who meets the age and school attendance requirements specified in subrule 41.21(1). Income of the parent shall be diverted to meet the unmet needs of the ineligible child(ren) of the parent and a companion in the home only when the income and resources of the companion and the child(ren) are within family investment program standards. The maximum income that shall be diverted to meet the needs of the ineligible child(ren) shall be the difference between the needs of the eligible group if the ineligible child(ren) were included and the needs of the eligible group with the child(ren) excluded, except as specified in 41.27(8)“a”(2) and 41.27(8)“b.” b. Nonexempt earned and unearned income of the parent shall be diverted to permit payment of court-ordered support to children not living with the parent when the payment is actually being made. 41.27(5) Income of unmarried specified relatives under age 19.Treatment of the income of an unmarried specified relative under the age of 19 is determined by whether the specified relative lives with a parent who receives FIP assistance, lives with a nonparental relative, lives in an independent living arrangement, or lives with a self-supporting parent, as follows. a. Living with a parent on FIP, with a nonparental relative, or in an independent living arrangement. (1) The income of the unmarried, underage specified relative who is also an eligible child in the grant of the specified relative’s parent shall be treated in the same manner as that of any other child. The income for the unmarried, underage specified relative who is not an eligible child in the grant of the specified relative’s parent shall be treated in the same manner as though the specified relative had attained majority. (2) The income of the unmarried, underage specified relative living with a nonparental relative or in an independent living arrangement shall be treated in the same manner as though the specified relative had attained majority. b. Living with a self-supporting parent. The income of an unmarried specified relative under the age of 19 who is living in the same home as one or both of the person’s self-supporting parents shall be treated in accordance with subparagraphs (1), (2), and (4) below. (1) When the unmarried specified relative is under the age of 18 and not a parent of the dependent child, the income of the specified relative shall be exempt. (2) When the unmarried specified relative is under the age of 18 and a parent of the dependent child, the income of the specified relative shall be treated in the same manner as though the specified relative had attained majority. The income of the specified relative’s self-supporting parent(s) shall be treated in accordance with 41.27(8)“c.” (3) Reserved. (4) When the unmarried specified relative is age 18, the income of the specified relative shall be treated in the same manner as though the specified relative had attained majority. 41.27(6) Exempt as income and resources.The following shall be exempt as income and resources: a. Food reserves from home-produced garden products, orchards, domestic animals, and the like, when utilized by the household for its own consumption. b. The value of the supplemental nutrition assistance program benefit. c. The value of the United States Department of Agriculture donated foods (surplus commodities). d. The value of supplemental food assistance received under the Child Nutrition Act and the special food service program for children under the National School Lunch Act. e. Any benefits received under Title III-C, Nutrition Program for the Elderly, of the Older Americans Act. f. Benefits paid to eligible households under the Low Income Home Energy Assistance Act of 1981. g. Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the Federal-Aid Highway Act of 1968. h. Any judgment funds that have been or will be distributed per capita or held in trust for members of any Indian tribe. When the payment, in all or part, is converted to another type of resource, that resource is also exempt. i. Payments to volunteers participating in the Volunteers in Service to America (VISTA) program, except that this exemption will not be applied when the director of ACTION determines that the value of all VISTA payments, adjusted to reflect the number of hours the volunteers are serving, is equivalent to or greater than the minimum wage then in effect under the Fair Labor Standards Act of 1938, or the minimum wage under the laws of the state where the volunteers are serving, whichever is greater. j. Payments for supporting services or reimbursement of out-of-pocket expenses received by volunteers in any of the programs established under Titles II and III of the Domestic Volunteer Services Act. k. Tax-exempt portions of payments made pursuant to the Alaskan Native Claims Settlement Act. l. Experimental housing allowance program payments made under annual contribution contracts entered into prior to January 1, 1975, under Section 23 of the U.S. Housing Act of 1936 as amended. m. The income of a supplemental security income recipient. n. Income of an ineligible child. o. Income in-kind. p. Family support subsidy program payments. q. Grants obtained and used under conditions that preclude their use for current living costs. r. All earned and unearned educational funds of an undergraduate or graduate student or a person in training. Any extended social security or veterans benefits received by a parent or nonparental relative as defined at subrule 41.22(3), conditional to school attendance, shall be exempt. However, any additional amount received for the person’s dependents who are in the eligible group shall be counted as nonexempt income. s. Reserved. t. Any income restricted by law or regulation which is paid to a representative payee, living outside the home, other than a parent who is the applicant or recipient, unless the income is actually made available to the applicant or recipient by the representative payee. u. The first $50 received and retained by an applicant or recipient which represents a current monthly support obligation or a voluntary support payment, paid by a legally responsible individual, but in no case shall the total amount exempted exceed $50 per month per eligible group. v. Bona fide loans. Evidence of a bona fide loan may include any of the following: (1) The loan is obtained from an institution or person engaged in the business of making loans. (2) There is a written agreement to repay the money within a specified time. (3) If the loan is obtained from a person not normally engaged in the business of making a loan, there is a borrower’s acknowledgment of obligation to repay (with or without interest), or the borrower expresses intent to repay the loan when funds become available in the future, or there is a timetable and plan for repayment. w. Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In re Agent Orange product liability litigation, M.D.L.No.381 (E.D.N.Y.). x. The income of a person ineligible due to receipt of state-funded foster care, IV-E foster care, kinship caregiver program, or subsidized adoption assistance. y. Payments for major disaster and emergency assistance provided under the Disaster Relief Act of 1974 as amended by Public Law 100-707, the Disaster Relief and Emergency Assistance Amendments of 1988. z. Payments made to certain United States citizens of Japanese ancestry and resident Japanese aliens under Section 105 of Public Law 100-383, and payments made to certain eligible Aleuts under Section 206 of Public Law 100-383, entitled “Wartime Relocation of Civilians.” aa. Payments received from the Radiation Exposure Compensation Act. ab. Deposits into an individual development account (IDA) when determining eligibility and benefit amount. The amount of the deposit is exempt as income and shall not be used in the 185 percent eligibility test. The deposit shall be deducted from nonexempt earned and unearned income that the client receives in the same budget month in which the deposit is made. To allow a deduction, verification of the deposit shall be provided by the end of the report month or the extended filing date, whichever is later. The client shall be allowed a deduction only when the deposit is made from the client’s money. The earned income deductions in 41.27(2)“a” and “c” shall be applied to nonexempt earnings from employment or net profit from self-employment that remain after deducting the amount deposited into the account. Allowable deductions shall be applied to any nonexempt unearned income that remains after deducting the amount of the deposit. If the client has both nonexempt earned and unearned income, the amount deposited into the IDA account shall first be deducted from the client’s nonexempt unearned income. Deposits shall not be deducted from earned or unearned income that is exempt. ac. Assigned support collected in a month and retained by child support recovery as described in subparagraph 41.27(1)“h”(2). 41.27(7) Exempt as income.The following are exempt as income. a. Reimbursements from a third party. b. Reimbursement from the employer for job-related expenses. c. The following nonrecurring lump sum payments: (1) Income tax refund. (2) Retroactive supplemental security income benefits. (3) Settlements for the payment of medical expenses. (4) Refunds of security deposits on rental property or utilities. (5) That part of a lump sum received and expended for funeral and burial expenses. (6) That part of a lump sum both received and expended for the repair or replacement of resources. d. Foster care or kinship caregiver program payments received by the family that is: (1) Providing foster care to a child or children when the family is operating a licensed foster home, or (2) Caring for a relative or fictive kin child or children placed in the home by a court order. e. Reserved. f. A small monetary nonrecurring gift, such as a Christmas, birthday or graduation gift, not to exceed $30 per person per calendar quarter.When a monetary gift from any one source is in excess of $30, the total gift is countable as unearned income. When monetary gifts from several sources are each $30 or less, and the total of all gifts exceeds $30, only the amount in excess of $30 is countable as unearned income. g. Federal or state earned income tax credit. h. Supplementation from county funds providing: (1) The assistance does not duplicate any of the basic needs as recognized by the family investment program, or (2) The assistance, if a duplication of any of the basic needs, is made on an emergency basis, not as ongoing supplementation. i. Any payment received as a result of an urban renewal or low-cost housing project from any governmental agency. j. A retroactive corrective payment. k. The training allowance issued by the division of vocational rehabilitation, department of education. l. Payments from the PROMISE JOBS program. m. Reserved. n. The training allowance issued by the department for the blind. o. Payment(s) from a passenger(s) in a car pool. p. Support refunded by the child support recovery unit for the first month of termination of eligibility and the family does not receive the family investment program. q. Reserved. r. Reserved. s. Income of a nonparental relative as defined in 41.22(3) except when the relative is included in the eligible group. t. Reserved. u. Reserved. v. Compensation in lieu of wages received by a child funded through an employment and training program of the U.S. Department of Labor. w. Any amount for training expenses included in a payment funded through an employment and training program of the U.S. Department of Labor. x. Reserved. y. Earnings of an applicant or recipient aged 19 or younger who is a full-time student as defined in 41.24(2)“e.” The exemption applies through the entire month of the person’s twentieth birthday.Exception: When the twentieth birthday falls on the first day of the month, the exemption stops on the first day of that month. z. Income attributed to an unmarried, underage parent in accordance with 41.27(8)“c” effective the first day of the month following the month in which the unmarried, underage parent turns age 18 or reaches majority through marriage. When the unmarried, underage parent turns age 18 on the first day of a month, the income of the self-supporting parent(s) becomes exempt as of the first day of that month. aa. Reserved. ab. Incentive payments received from participation in the adolescent pregnancy prevention programs. ac. Payments received from the comprehensive child development program, funded by the Administration for Children, Youth, and Families, provided the payments are considered complimentary assistance by federal regulation. ad. Incentive allowance payments received from the work force investment project, provided the payments are considered complimentary assistance by federal regulation. ae. Interest and dividend income. af. Reserved. ag. Reserved. ah. Welfare reform and regular household honorarium income. All moneys paid to a FIP household in connection with the welfare reform demonstration longitudinal study or focus groups shall be exempted. ai. Diversion or self-sufficiency grants assistance as described at 441—Chapter 47. aj. Payments from property sold under an installment contract as specified in paragraphs 41.26(4)“b” and 41.27(1)“f.” ak. All census earnings received by temporary workers from the Bureau of the Census. 41.27(8) Treatment of income in excluded parent cases, stepparent cases, and underage parent cases. a. Treatment of income in excluded parent cases. (1) A parent who is living in the home with the eligible child(ren) but whose needs are excluded from the eligible group is eligible for the earned income deduction described at paragraph 41.27(2)“a,” the work incentive disregard described at paragraph 41.27(2)“c,” and diversions described at subrule 41.27(4). (2) The excluded parent shall be permitted to retain that part of the parent’s income to meet the parent’s needs as determined by the difference between the needs of the eligible group with the parent included and the needs of the eligible group with the parent excluded except as described at subrule 41.27(11). (3) All remaining income of the excluded parent shall be applied against the needs of the eligible group. b. Treatment of income in stepparent cases.The income of a stepparent who is not included in the eligible group, but is living with the parent in the home of the eligible child(ren), shall be given the same consideration and treatment as that of a parent subject to the limitations of subparagraphs (1) to (10) below. (1) The stepparent’s monthly gross nonexempt earned income, earned as an employee or monthly net profit from self-employment, shall receive a 20 percent earned income deduction. (2) Reserved. (3) Any amounts actually paid by the stepparent to individuals not living in the home, who are claimed or could be claimed by the stepparent as dependents for federal income tax purposes, shall be deducted from nonexempt monthly earned and unearned income of the stepparent. (4) The stepparent shall also be allowed a deduction from nonexempt monthly earned and unearned income for alimony and child support payments made to individuals not living in the home with the stepparent. (5) Except as described at 41.27(11), the nonexempt monthly earned and unearned income of the stepparent remaining after application of the deductions in 41.27(8)“b”(1) to (4) above shall be used to meet the needs of the stepparent and the stepparent’s dependents living in the home, when the dependents’ needs are not included in the eligible group and the stepparent claims or could claim the dependents for federal income tax purposes. These needs shall be determined in accordance with the family investment program standard of need for a family group of the same composition. (6) The stepparent shall be allowed the work incentive disregard described at paragraph 41.27(2)“c” from monthly earnings. The disregard shall be applied to earnings that remain after all other deductions in subparagraphs 41.27(8)“b”(1) through (5) have been subtracted from the earnings. However, the work incentive disregard is not allowed when determining initial eligibility as described at subparagraphs 41.27(9)“a”(2) and (3). (7) The deductions described in subparagraphs (1) through (6) will first be subtracted from earned income in the same order as they appear above.When the stepparent has both nonexempt earned and unearned income and earnings are less than the allowable deductions, then any remaining portion of the deductions in subparagraphs (3) through (5) shall be subtracted from unearned income. Any remaining income shall be applied as unearned income to the needs of the eligible group.If the stepparent has earned income remaining after allowable deductions, then any nonexempt unearned income shall be added to the earnings and the resulting total counted as unearned income to the needs of the eligible group. (8) A nonexempt nonrecurring lump sum received by a stepparent shall be considered as income in the month received. Any portion of the nonrecurring lump sum retained by the stepparent in the month following the month of receipt shall be considered a resource to the stepparent. (9) When the income of the stepparent, not in the eligible group, is insufficient to meet the needs of the stepparent and the stepparent’s dependents living in the home who are not eligible for FIP, the income of the parent may be diverted to meet the unmet needs of the child(ren) of the current marriage except as described at 41.27(11). (10) When the needs of the stepparent, living in the home, are not included in the eligible group, the eligible group and any child(ren) of the parent living in the home who is not eligible for FIP shall be considered as one unit, and the stepparent and the stepparent’s dependents, other than the spouse, shall be considered a separate unit. c. Treatment of income in underage parent cases.In the case of a dependent child whose unmarried parent is under the age of 18 and living in the same home as the unmarried, underage parent’s own self-supporting parent(s), the income of each self-supporting parent shall be considered available to the eligible group after appropriate deductions. The deductions to be applied are the same as are applied to the income of a stepparent pursuant to 41.27(8)“b”(1) to (7). Nonrecurring lump sum income received by the self-supporting parent(s) shall be treated in accordance with 41.27(8)“b”(8).When the self-supporting spouse of a self-supporting parent is also living in the home, the income of that spouse shall be attributable to the self-supporting parent in the same manner as the income of a stepparent is determined pursuant to 41.27(8)“b”(1) to (7). Nonrecurring lump sum income received by the spouse of the self-supporting parent shall be treated in accordance with 41.27(8)“b”(8). The self-supporting parent and any ineligible dependents of that person shall be considered as one unit; the self-supporting spouse and the spouse’s ineligible dependents, other than the self-supporting parent, shall be considered a separate unit. 41.27(9) Budgeting process.Both initial and ongoing eligibility and benefits shall be determined using a projection of income based on the best estimate of future income. a. Initial eligibility. (1) At time of application, all earned and unearned income received and anticipated to be received by the eligible group during the month the decision is made shall be considered to determine eligibility for the family investment program, except income which is exempt. All countable earned and unearned income received by the eligible group during the 30 days before the interview shall be used to project future income. If the applicant indicates that the 30-day period is not indicative of future income, income from a longer period or verification of anticipated income from the income source may be used to project future income.When income is prorated in accordance with 41.27(9)“c”(1) and 41.27(9)“i,” the prorated amount is counted as income received in the month of decision. Allowable work expenses during the month of decision shall be deducted from earned income, except when determining eligibility under the 185 percent test defined in rule 441—41.27(239B). The determination of eligibility in the month of decision is a three-step process as described in rule 441—41.27(239B). (2) When countable gross nonexempt earned and unearned income in the month of decision, or in any other month after assistance is approved, exceeds 185 percent of the standard of need for the eligible group, the application shall be rejected or the assistance grant canceled. Countable gross income means nonexempt gross income, as defined in rule 441—41.27(239B), without application of any disregards, deductions, or diversions. When the countable gross nonexempt earned and unearned income in the month of decision equals or is less than 185 percent of the standard of need for the eligible group, initial eligibility under the standard of need shall then be determined. Initial eligibility under the standard of need is determined without application of the work incentive disregard as specified in paragraph 41.27(2)“c.” All other appropriate exemptions, deductions and diversions are applied. Countable income is then compared to the standard of need for the eligible group. When countable net earned and unearned income in the month of decision equals or exceeds the standard of need for the eligible group, the application shall be denied. (3) When the countable net income in the month of decision is less than the standard of need for the eligible group, the work incentive disregard described in paragraph 41.27(2)“c” shall be applied when there is eligibility for this disregard. When countable net earned and unearned income in the month of decision, after application of the work incentive disregard and all other appropriate exemptions, deductions, and diversions, equals or exceeds the payment standard for the eligible group, the application shall be denied.When the countable net income in the month of decision is less than the payment standard for the eligible group, the eligible group meets income requirements. The amount of the family investment program grant shall be determined by subtracting countable net income in the month of decision from the payment standard for the eligible group, except as specified in subparagraph 41.27(9)“a”(4). (4) Eligibility for the family investment program for any month or partial month before the month of decision shall be determined only when there is eligibility in the month of decision. The family composition for any month or partial month before the month of decision shall be considered the same as on the date of decision. In determining eligibility and the amount of the assistance payment for any month or partial month preceding the month of decision, income and all circumstances except family composition in that month shall be considered in the same manner as in the month of decision. When the applicant is eligible for some, but not all, months of the application period due to the time limit described at subrule 41.30(1), family investment program eligibility shall be determined for the month of decision first, then the immediately preceding month, and so on until the time limit has been reached. b. Ongoing eligibility. (1) The department shall prospectively compute eligibility and benefits when review information is submitted as described in 441—subrule 40.27(3). All countable earned and unearned income received by the eligible group during the previous 30 days shall be used to project future income. If the participant indicates that the 30-day period is not indicative of future income, income from a longer period or verification of anticipated income from the income source may be used to project future income. (2) When a change in eligibility factors occurs, the department shall prospectively compute eligibility and benefits based on the change, effective no later than the month following the month the change occurred. (3) Reserved. (4) The earned income deduction for each wage earner as defined in paragraph 41.27(2)“a” and the work incentive disregard as defined in paragraph 41.27(2)“c” shall be allowed. c. Lump-sum income. (1) Recurring lump-sum income. Recurring lump-sum earned and unearned income, except for the income of the self-employed, shall be considered as income in the month received. Income received by an individual employed under a contract shall be prorated over the period of the contract. Income received at periodic intervals or intermittently shall be considered as income in the month received, except periodic or intermittent income from self-employment shall be treated as described in 41.27(9)“i.” When the income that is subject to proration is earned, appropriate disregards, deductions and diversions shall be applied to the monthly prorated income. Income that is subject to proration is prorated when a lump sum is received before the month of decision and is anticipated to recur; or a lump sum is received during the month of decision or at any time during the receipt of assistance. (2) Nonrecurring lump-sum income. Moneys received as a nonrecurring lump sum, except as specified in subrules 41.26(4) and 41.26(7) and paragraphs 41.27(8)“b” and 41.27(8)“c,” shall be treated in accordance with this rule. Nonrecurring lump-sum income shall be considered as income in the month received and counted in computing eligibility and the amount of the grant, unless the income is exempt. Nonrecurring lump-sum unearned income is defined as a payment in the nature of a windfall, for example, an inheritance, an insurance settlement for pain and suffering, an insurance death benefit, a gift, lottery winnings, or a retroactive payment of benefits, such as social security, job insurance or workers’ compensation. When countable income, exclusive of the family investment program grant but including countable lump-sum income, exceeds the needs of the eligible group, the case shall be canceled or the application rejected. In addition, the eligible group shall be ineligible for the number of full months derived by dividing the income by the standard of need for the eligible group. Any income remaining after this calculation shall be applied as income to the first month following the period of ineligibility and disregarded as income thereafter. The period of ineligibility shall begin with the month the lump sum is received.When a nonrecurring lump sum is timely reported as required by 441—paragraph 40.27(4)“f,” recoupment shall not be made for the month of receipt. When a nonrecurring lump sum is timely reported, but the timely notice as required by 441—subrule 16.3(1) requires that the action be delayed until the second calendar month following the month of change, recoupment shall not be made for the first calendar month following the month of change. When a nonrecurring lump sum is not timely reported, recoupment shall be made beginning with the month of receipt.The period of ineligibility shall be shortened when the schedule of living costs as defined in 41.28(2) increases.The period of ineligibility shall be shortened by the amount that is no longer available to the eligible group due to a loss or a theft or because the person controlling the lump sum no longer resides with the eligible group.The period of ineligibility shall also be shortened when there is an expenditure of the lump sum made for the following circumstances unless there was insurance available to meet the expense: Payments made on medical services for the former eligible group or their dependents for services listed in 441—Chapters 78, 81, 82 and 85 at the time the expense is reported to the department; the cost of necessary repairs to maintain habitability of the homestead requiring the spending of over $25 per incident; cost of replacement of exempt resources as defined in subrule 41.26(1) due to fire, tornado, or other natural disaster; or funeral and burial expenses. The expenditure of these funds shall be verified. A dependent is an individual who is claimed or could be claimed by another individual as a dependent for federal income tax purposes.When countable income, including the lump-sum income, is less than the needs of the eligible group, the lump sum shall be counted as income for the month received. For purposes of applying the lump-sum provision, the eligible group is defined as all eligible persons and any other individual whose lump-sum income is counted in determining the period of ineligibility. During the period of ineligibility, individuals not in the eligible group when the lump-sum income was received may be eligible for the family investment program as a separate eligible group. Income of this eligible group plus income, excluding the lump-sum income already considered, of the parent or other legally responsible person in the home shall be considered as available in determining eligibility and the amount of the grant. d. The third digit to the right of the decimal point in any computation of income and hours of employment shall be dropped. This includes the calculation of the amount of a child support sanction as defined in paragraph 41.22(6)“f.” e. In any month for which an individual is determined eligible to be added to a currently active family investment program case, the individual’s needs shall be included subject to the effective date of grant limitations as prescribed in 441—40.26(239B). (1) When adding an individual to an existing eligible group, any income of that individual shall be considered prospectively. (2) The needs of an individual determined to be ineligible to remain a member of the eligible group shall be removed prospectively effective the first of the following month. f. Reserved. g. When income received weekly or biweekly (once every two weeks) is projected for future months, it shall be projected by adding all income received in the period being used and dividing the result by the number of instances of income received in that period. The result shall be multiplied by four if the income is received weekly or by two if the income is received biweekly, regardless of the number of weekly or biweekly payments to be made in future months. h. Income from self-employment received on a regular weekly, biweekly, semimonthly or monthly basis shall be budgeted in the same manner as the earnings of an employee. The countable income shall be the net income. i. Income from self-employment not received on a regular weekly, biweekly, semimonthly or monthly basis that represents an individual’s annual income shall be averaged over a 12-month period of time, even if the income is received within a short period of time during that 12-month period. Any change in self-employment shall be handled in accordance with subparagraphs (3), (4), and (5) below. (1) When a self-employment enterprise which does not produce a regular weekly, biweekly, semimonthly or monthly income has been in existence for less than a year, income shall be averaged over the period of time the enterprise has been in existence and the monthly amount projected for the same period of time. If the enterprise has been in existence for such a short time that there is very little income information, the worker shall establish, with the cooperation of the client, a reasonable estimate which shall be considered accurate and projected for three months, after which the income shall be averaged and projected for the same period of time. Any changes in self-employment shall be considered in accordance with subparagraphs (3), (4) and (5) below. (2) These policies apply when the self-employment income is received before the month of decision and the income is expected to continue, in the month of decision, and after assistance is approved. (3) A change in the cost of producing self-employment income is defined as an established permanent ongoing change in the operating expenses of a self-employment enterprise. Change in self-employment income is defined as a change in the nature of business. (4) When a change in operating expenses occurs, the department shall recompute the expenses on the basis of the change. (5) When a change occurs in the nature of the business, the income and expenses shall be computed on the basis of the change. j. Special needs. (1) A special need as defined in 41.28(3) must be documented before payment shall be made. (2) A one-time special need occurs and is considered in determining need for the calendar month in which the special need is entered on the automated benefit calculation system. (3) An ongoing special need is considered in determining need for the calendar month following the calendar month in which the special need is entered on the automated benefit calculation system. (4) When the special need continues, payment shall be included, prospectively, in each month’s family investment program grant. When the special need ends, payment shall be removed prospectively. Any overpayment for a special need shall be recouped. k. When a family’s assistance for a month is subject to recoupment because the family was not eligible, individuals applying for assistance during the same month may be eligible for the family investment program as a separate eligible group. Income of this new eligible group plus income of the parent or other legally responsible person in the home shall be considered as available in determining eligibility and the amount of the grant. The income of an ineligible parent or other legally responsible person shall be considered prospectively in accordance with 41.27(4) and 41.27(8). 41.27(10) Aliens sponsored by individuals.When an alien admitted for lawful permanent residence is sponsored by a person who executed an enforceable affidavit of support as described in 8 U.S.C. Section 1631(a)(1) on behalf of the alien, the income of the alien shall be deemed to include the income of the sponsor (and of the sponsor’s spouse if living with the sponsor). The amount of the income of the sponsor and the sponsor’s spouse deemed to the alien shall be the total gross earned and unearned income remaining after allowing the earned income deduction described at paragraph 41.27(2)“a,” the work incentive disregard described at paragraph 41.27(2)“c,” and diversions described at subrule 41.27(4). The following are exceptions to deeming of a sponsor’s income: a. Deeming of the sponsor’s income does not apply when: (1) The sponsored alien attains citizenship through naturalization pursuant to Chapter 2 of Title III of the Immigration and Nationality Act; (2) The sponsored alien has earned 40 qualifying quarters of coverage as defined in Title II of the Social Security Act or can be credited with 40 qualifying quarters as defined at rule 441—40.21(239B); or (3) The sponsored alien or the sponsor dies. b. An indigent alien is exempt from the deeming of a sponsor’s income for 12 months after indigence is determined. An alien shall be considered indigent if: (1) The alien does not live with the sponsor; and (2) The alien’s gross income, including any income received from or made available by the sponsor, is less than 100 percent of the federal poverty level for the sponsored alien’s household size. c. A battered alien as described in 8 U.S.C. Section 1641(c) is exempt from the deeming of a sponsor’s income for 12 months. 41.27(11) Restriction on diversion of income.No income may be diverted to meet the needs of a person living in the home who has been sanctioned under subrule 41.24(8) or 41.25(5), or who has been disqualified under subrule 41.25(10) or rule 441—46.29(239B), or who is required to be included in the eligible group according to 41.28(1)“a” and has failed to cooperate. This restriction applies to 41.27(4)“a” and 41.27(8).This rule is intended to implement Iowa Code section 239B.7.Related ARC(s): 8500B, 9043B, 9439B, 0148C, 1478C, 4973C, 6496C441—41.28(239B)Need standards. 41.28(1) Definition of the eligible group.The eligible group consists of all eligible people specified below and living together, except when one or more of these people receive supplemental security income under Title XVI of the Social Security Act. There shall be at least one child in the eligible group except when the only eligible child is receiving supplemental security income. The unborn child is not considered a member of the eligible group for purposes of establishing the number of people in the eligible group. a. The following persons shall be included (except as otherwise provided in these rules), without regard to the person’s employment status, income or resources: (1) All dependent children who are siblings of whole or half blood or adoptive. (2) Any parent of such children, if the parent is living in the same home as the dependent children. b. The following persons may be included: (1) The needy specified relative who assumes the role of parent. (2) The needy specified relative who acts as payee when the parent is in the home, but is unable to act as payee. (3) An incapacitated stepparent, upon request, when the stepparent is the legal spouse of the parent by ceremonial or common-law marriage and the incapacitated stepparent does not have a child in the eligible group.
A stepparent is considered incapacitated when a clearly identifiable physical or mental defect has a demonstrable effect upon earning capacity or the performance of the homemaking duties required to maintain a home for the stepchild. The incapacity shall be expected to last for a period of at least 30 days from the date of application.
The determination of incapacity shall be supported by medical or psychological evidence. The evidence may be obtained from either an independent physician or psychologist or the state rehabilitation agency. The evidence may be submitted either by letter from the physician or on Form 470-0447, Report on Incapacity. When an examination is required and other resources are not available to meet the expense of the examination, the physician shall be authorized to make the examination and submit the claim for payment on Form 470-0502, Authorization for Examination and Claim for Payment. A finding of eligibility for social security benefits or supplemental security income benefits based on disability or blindness is acceptable proof of incapacity.
41.28(2) Schedule of needs.The schedule of living costs represents 100 percent of basic needs. The schedule of living costs is used to determine the needs of individuals when these needs must be determined in accordance with the standard of need defined in 441—40.21(239B). The 185 percent schedule is included for the determination of eligibility in accordance with 441—41.27(239B). The schedule of basic needs is used to determine the basic needs of those persons whose needs are included in and are eligible for a family investment program grant. The eligible group is considered a separate and distinct group without regard to the presence in the home of other persons, regardless of relationship to or whether they have a liability to support members of the eligible group. The schedule of basic needs is also used to determine the needs of persons not included in the assistance grant, when these needs must be determined in accordance with the payment standard defined in 441—40.21(239B). The percentage of basic needs paid to one or more persons as compared to the schedule of living costs is shown on the chart below.SCHEDULE OF NEEDSNumber of Persons12345678910Each Addi-tional Person185% ofLivingCosts675.251330.151570.651824.102020.202249.602469.752695.452915.603189.40320.05Scheduleof LivingCosts365719849986109212161335145715761724173Scheduleof BasicNeeds18336142649554861067073179186587Ratio ofBasicNeeds toLivingCosts50.1850.1850.1850.1850.1850.1850.1850.1850.1850.1850.18CHART OF BASIC NEEDS COMPONENTS(all figures are on a per person basis)Number of Persons12345678910 or MoreShelter77.1465.8147.1035.2031.7426.2825.6922.5220.9120.58Utilities 19.2916.4511.778.807.936.576.425.635.235.14HouseholdSupplies4.275.334.013.753.363.263.103.082.972.92Food34.4944.9840.3139.1136.6537.04 34.0033.5332.8732.36Clothing11.1711.498.708.756.826.846.546.396.206.10Pers. Care& Supplies3.293.642.682.382.021.911.821.721.671.64Med. ChestSupplies.991.401.341.131.151.111.081.061.091.08Communi-cations7.236.173.853.252.502.071.821.661.511.49Transpor-tation25.1325.2322.2421.3817.4316.5915.2415.7915.4415.19 a. The definitions of the basic need components are as follows: (1) Shelter: Rental, taxes, upkeep, insurance, amortization. (2) Utilities: Fuel, water, lights, water heating, refrigeration, garbage. (3) Household supplies and replacements: Essentials associated with housekeeping and meal preparation. (4) Food: Including school lunches. (5) Clothing: Including layette, laundry, dry cleaning. (6) Personal care and supplies: Including regular school supplies. (7) Medicine chest items. (8) Communications: Telephone, newspapers, magazines. (9) Transportation: Includes bus fares and other out-of-pocket costs of operating a privately owned vehicle. b. Special situations in determining eligible group: (1) The needs of a child or children in a nonparental home shall be considered a separate eligible group when the relative is receiving the family investment program assistance for the relative’s own children. (2) When the unmarried specified relative under age 19 is living in the same home with a parent or parents who receive the family investment program, the needs of the specified relative, when eligible, shall be included in the same eligible group with the parent(s). When the specified relative is a parent, the needs of the eligible children for whom the unmarried parent is caretaker shall be included in the same eligible group. When the specified relative is a nonparental relative, the needs of the eligible children for whom the specified relative is caretaker shall be considered a separate eligible group.When the unmarried specified relative under the age of 19 is living in the same home as a parent(s) who receives the family investment program but the specified relative is not an eligible child, need of the specified relative shall be determined in the same manner as though the specified relative had attained majority.When the unmarried specified relative under the age of 19 is living with a nonparental relative or in an independent living arrangement, need shall be determined in the same manner as though the specified relative had attained majority.When the unmarried specified relative is under the age of 18 and living in the same home with a parent(s) who does not receive the family investment program, the needs of the specified relative, when eligible, shall be included in the assistance grant with the children when the specified relative is a parent. When the specified relative is a nonparental relative as defined in 41.22(3), only the needs of the eligible children shall be included in the assistance grant. When the unmarried specified relative is aged 18, need shall be determined in the same manner as though the specified relative had attained majority. (3) When a person who would ordinarily be in the eligible group is receiving supplemental security income benefits, the person, income, and resources shall not be considered in determining family investment program benefits for the rest of the family. (4) When two individuals, married to each other, are living in a common household and the children of each of them are recipients of assistance, the assistance grant shall be computed on the basis of their comprising one eligible group. This rule shall not be construed to require that an application for assistance be made for children who are not the natural or adoptive children of the applicant. 41.28(3) Special needs.On the basis of demonstrated need the following special needs shall be allowed, in addition to the basic needs. a. School expenses.Any specific charge, excluding tuition, for a child’s education made by the school, or in accordance with school requirements in connection with a course in the curriculum, shall be allowed provided the allowance shall not exceed the reasonable cost required to meet the specifications of the course, and the student is actually participating in the course at the time the expense is claimed. Payment will not be made for ordinary expenses for school supplies. b. Guardian/conservator fee.An amount not to exceed $10 per case per month may be allowed for guardian’s/conservator’s fees when authorized by appropriate court order. No additional payment is permitted for court costs or attorney’s fees.This rule is intended to implement Iowa Code section 239B.5.441—41.29(239B)Composite FIP/SSI cases.When persons in the family investment program household, who would ordinarily be in the eligible group, are receiving supplemental security income benefits, the following rules shall apply. 41.29(1) Pending SSI approval.When a person who would ordinarily be in the eligible group has applied for supplemental security income benefits, the person’s needs may be included in the family investment program grant pending approval of supplemental security income. 41.29(2) Ownership of property.When property is owned by both the supplemental security income beneficiary and the family investment program recipient, each shall be considered as having a half interest in order to determine the value of the resource, unless the terms of the deed or purchase contract clearly establish ownership on a different proportional basis.This rule is intended to implement Iowa Code section 239B.5.441—41.30(239B)Time limits. 41.30(1) Sixty-month limit.Assistance shall not be provided to a FIP applicant or recipient family that includes an adult who has received assistance for 60 calendar months under FIP or under any program in another state that is funded by the federal Temporary Assistance for Needy Families (TANF) block grant unless the applicant or recipient family is eligible for a hardship as defined in subrule 41.30(3). The 60-month period need not be consecutive. In two-parent households or households that include a parent and a stepparent, the 60-month limit is determined when either a parent or stepparent has received assistance for 60 months. a. An “adult” is any person who is a parent of the FIP child in the home, the parent’s spouse, or included as an optional member under subparagraph 41.28(1)“b”(1) or (2). b. “Assistance,” for the purpose of this rule, shall include any month for which the adult receives a FIP grant or a payment in another state using federal Temporary Assistance for Needy Families (TANF) funds that the other state deems countable toward the 60-month federal limit. Assistance received for a partial month shall count as a full month. 41.30(2) Determining number of months. a. In determining the number of months an adult received assistance, the department shall consider toward the 60-month limit: (1) Assistance received even when the parent is excluded from the grant unless the parent, or both parents in a two-parent household, are supplemental security income (SSI) recipients. (2) Assistance received by an optional member of the eligible group as described in subparagraphs 41.28(1)“b”(1) and (2). However, once the person has received assistance for 60 months, the person is ineligible but assistance may continue for other persons in the eligible group. The entire family is ineligible for assistance when the optional member who has received assistance for 60 months is the incapacitated stepparent on the grant as described at subparagraph 41.28(1)“b”(3). b. When the parent, or both parents in a two-parent household, have received 60 months of FIP assistance and are subsequently approved for supplemental security income, FIP assistance for the children may be granted, if all other eligibility requirements are met. c. When a minor parent and child receive FIP on the adult parent’s case and the adult parent is no longer eligible due to the 60-month limit on FIP assistance, the minor parent may reapply for FIP as a minor parent living with a self-supporting parent. d. In determining the number of months an adult received assistance, the department shall not consider toward the 60-month limit any month for which FIP assistance was not issued for the family, such as: (1) A month of suspension. (2) A month for which no grant is issued due to the limitations described in rules 441—45.26(239B) and 441—45.27(239B). e. The department shall not consider toward the 60-month limit months of assistance a parent or pregnant person received as a minor child and not as the head of a household or married to the head of a household. This includes assistance received for a minor parent for any month in which the minor parent was a child on the adult parent’s or the specified relative’s FIP case. f. The department shall not consider toward the 60-month limit months of assistance received by an adult while living in Indian country (as defined in 18 United States Code Section 1151) or a Native Alaskan village where at least 50 percent of the adults were not employed. 41.30(3) Exception to the 60-month limit.A family may receive FIP assistance for more than 60 months as defined in subrule 41.30(1) if the family qualifies for a hardship exemption as described in this subrule. “Hardship” is defined as a circumstance that is preventing the family from being self-supporting. However, the family’s safety shall take precedence over the goal of self-sufficiency. a. Reserved. b. Eligibility determination. Eligibility for the hardship exemption shall be determined on an individual family basis. A hardship exemption shall not begin until the adult in the family has received at least 60 months of FIP assistance. c. Hardship exemption criteria. Circumstances that may lead to a hardship exemption may include, but are not limited to, the following: (1) Domestic violence. “Domestic violence” means that the family includes someone who has been battered or subjected to extreme cruelty. It includes:
Physical acts that resulted in, or threatened to result in, physical injury to the individual.
Sexual abuse.
Sexual activity involving a dependent child.
Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities.
Threats of, or attempts at, physical or sexual abuse.
Mental abuse.
Neglect or deprivation of medical care.
(2) Lack of employability. (3) Lack of suitable child care as defined in 441—subrule 93.4(5). (4) Chronic or recurring medical conditions or mental health issues, or an accident or disease, when verified by a professional. The applicant or recipient shall follow a treatment plan to address the condition or issue. (5) Housing situations that make it difficult or impossible to work. (6) Substance abuse issues. A family requesting a hardship exemption due to substance abuse shall be required to obtain clinical assessment and follow an intensive treatment plan. (7) Having a child whose circumstances require the parent to be in the home. This may include, but is not limited to, a child as defined in rule 441—170.1(234) or a child receiving child welfare, juvenile court or juvenile justice services. The safety of the child shall take precedence over the goal of self-sufficiency. (8) Reserved. (9) Other circumstances which prevent the family from being self-supporting. d. Eligibility for a hardship exemption. (1) Families may be eligible for a hardship exemption when circumstances prevent the family from being self-supporting. The hardship condition shall be a result of a past or current experience that is affecting the family’s current functioning. Current experience may include fear of an event that is likely to occur in the future. The definition of the hardship barrier relies upon the impact of the circumstances upon the family’s ability to leave FIP rather than the type of circumstances. (2) Families with FIA-responsible persons who are not exempt from referral as defined in subrule 41.24(2) determined eligible for more than 60 months of FIP shall make incremental steps toward overcoming the hardship and participate to their maximum potential in activities reasonably expected to result in self-sufficiency. (3) Barriers to economic self-sufficiency that an FIA-responsible person who is not exempt as defined in subrule 41.24(2) has that were known and existing before the family reached the 60-month limit shall not be considered as meeting eligibility criteria for hardship unless the individual complied with PROMISE JOBS activities offered to overcome that specific barrier. e. Requesting a hardship exemption. (1) Families that have or are close to having received 60 months of assistance as defined in subrule 41.30(1) may request a hardship exemption. Requests for the hardship exemption shall be made on Form 470-3826 or Form 470-3826(S), Request for FIP Beyond 60 Months. In addition, families that have received assistance for 60 months and are no longer receiving FIP shall complete Form 470-0462 or Form 470-0462(S), Food and Financial Support Application, as described at rule 441—40.22(239B) as a condition for regaining FIP eligibility. Failure to provide the required application within ten days from the date of the department’s request shall result in denial of the hardship request. (2) In families that request FIP beyond 60 months, all adults as defined in subrule 41.30(1) shall sign the request. When the adult is incompetent or incapacitated, someone acting responsibly on the adult’s behalf may sign the request. (3) Requests for a hardship exemption shall not be accepted prior to the first day of the family’s fifty-ninth month of assistance. The date of the request shall be the date an identifiable Form 470-3826 or Form 470-3826(S) is received in any department of human services or PROMISE JOBS office. An identifiable form is one that contains a legible name and address and that has been signed. (4) To receive more than 60 months of FIP assistance, families must be eligible for a hardship exemption and meet all other FIP eligibility requirements. (5) When an adult as defined in subrule 41.30(1) who has received assistance for 60 months joins a recipient family that has not received 60 months of assistance, eligibility shall continue only if the recipient family submits Form 470-3826 or Form 470-3826(S) and is approved for a hardship exemption as described in subrule 41.30(3) and meets all other FIP eligibility requirements. (6) When an adult as defined in subrule 41.30(1) joins a recipient family that is in an exemption period, the current exemption period shall continue, if the recipient family continues to meet all other eligibility requirements, regardless of whether the joining adult has received FIP for 60 months. (7) When two parents who are in a hardship exemption period separate, the remainder of the exemption period, if there is a need, shall follow the parent who retains the current FIP case. f. Determination of hardship exemption. (1) A determination on the request shall be made as soon as possible, but no later than 30 days following the date an identifiable Form 470-3826 or Form 470-3826(S) is received in any department of human services or PROMISE JOBS office. A written notice of decision shall be issued to the family the next working day following a determination of eligibility or ineligibility for a hardship exemption. The 30-day time standard shall apply except in unusual circumstances, such as when the department and the family have made every reasonable effort to secure necessary information which has not been supplied by the date the time limit expired; or because of emergency situations, such as fire, flood or other conditions beyond the administrative control of the department. (2) When a Financial Support Application is required to regain FIP eligibility, the 30-day time frame in rule 441—40.25(239B) shall apply. (3) Income maintenance shall determine eligibility for a hardship exemption. (4) The family shall provide supporting evidence of the hardship barrier and the impact of the barrier upon the family’s ability to leave FIP. The department shall advise the applicant or recipient about how to obtain necessary documents. Upon request, the department shall provide reasonable assistance in obtaining supporting documents when the family is not reasonably able to obtain the documents. The type of supporting evidence is dependent upon the circumstance that creates the hardship barrier. (5) Examples of types of supporting evidence may include:
Court, medical, criminal, child protective services, social services, psychological, or law enforcement records.
Statements from professionals or other individuals with knowledge of the hardship barrier.
Statements from vocational rehabilitation or other job training professionals.
Statements from individuals other than the applicant or recipient with knowledge of the hardship circumstances. Written statements from friends and relatives alone may not be sufficient to grant hardship status, but may be used to support other evidence.
Court, criminal, police records or statements from domestic violence counselors may be used to substantiate hardship. Living in a domestic violence shelter shall not automatically qualify an individual for a hardship exemption, but would be considered strong evidence.
Actively pursuing verification of a disability through the Social Security Administration may not be sufficient to grant hardship status, but may be used to support other evidence.
(6) The department shall notify the family in writing of additional information or verification that is required to verify the barrier and its impact upon the family’s ability to leave FIP. The family shall be allowed ten days to supply the required information or verification. The ten-day period may be extended under the circumstances described in 441—subrule 40.24(1) or 441—paragraph 40.27(4)“c.” Failure to supply the required information or verification, or refusal by the family to authorize the department to secure the information or verification from other sources, shall result in denial of the family’s request for a hardship exemption. (7) Reserved. (8) Reserved. (9) Recipients whose FIP assistance is canceled at the end of the sixtieth month shall be eligible for reinstatement as described at 441—subrule 40.22(5) when Form 470-3826 or Form 470-3826(S) is received before the effective date of cancellation even if eligibility for a hardship exemption is not determined until on or after the effective date of cancellation. (10) When Form 470-3826 or Form 470-3826(S) is not received before the effective date of the FIP cancellation and a Financial Support Application is required for the family to regain FIP eligibility, the effective date of assistance shall be no earlier than seven days from the date of application as described at rule 441—40.26(239B). (11) Eligibility for a hardship exemption shall last for six consecutive calendar months. Exception: The six-month hardship exemption ends when FIP for the family is canceled for any reason and a Financial Support Application is required for the family to regain FIP eligibility. In addition, when FIP eligibility depends on receiving a hardship exemption, the family shall submit a new Form 470-3826 or Form 470-3826(S). A new hardship exemption determination shall be required prior to FIP approval. (12) FIP received for a partial month of the six-month hardship exemption period shall count as a full month. (13) There is no limit on the number of hardship exemptions a family may receive over time. g. Six-month family investment agreement (FIA). Families who request a hardship exemption shall develop and sign a six-month family investment agreement (FIA) as defined at rule 441—93.4(239B) to address the circumstances that are creating the barrier. All adults as defined in subrule 41.30(1) shall sign the six-month FIA unless the adult is a stepparent and is not requesting assistance or is exempt as specified at subrule 41.24(2). (1) The six-month FIA shall contain specific steps to enable the family to make incremental progress toward overcoming the barrier. Each subsequent hardship exemption shall require a new six-month FIA. Failure to develop or sign a six-month FIA shall result in denial of the family’s hardship exemption request. (2) Families that request a hardship exemption shall be notified verbally and shall be hand-issued the notice of a scheduled appointment for orientation and FIA development. If the notice of appointment cannot be hand-issued, at least five working days shall be allowed from the date the notice is mailed for a participant to appear for the scheduled appointment for orientation and FIA development unless the participant agrees to an appointment that is scheduled to take place in less than five working days. (3) Failure to attend a scheduled interview when required, except for reasons beyond the adult’s control, shall result in a denial of the family’s hardship exemption request. In two-parent families, both parents shall be required to participate in any scheduled interview. When the adult is incompetent or incapacitated, someone acting responsibly on the adult’s behalf may participate in the interview. (4) PROMISE JOBS staff shall provide necessary supportive services as described in 441—Chapter 93 and shall monitor the six-month FIA. Periodic contacts shall be made with the family to monitor progress. These contacts need not be in person. Time and attendance reports shall be required as specified at 441—subrule 93.10(2). (5) The six-month FIA shall be renegotiated and amended under the circumstances described at 441—subrule 93.4(8). (6) Any family that is not exempt from referral as defined in subrule 41.24(2), that has been granted a hardship exemption, and that does not follow the terms of the family’s six-month FIA will have chosen a limited benefit plan in accordance with 441—Chapters 41 and 93. h. Any family that is denied a hardship exemption may appeal the decision as described in 441—Chapter 7.This rule is intended to implement Iowa Code chapter 239B.Related ARC(s): 9439B, 1478C, 2272C, 6496CRelated ARC(s): 8004B, 8500B, 9043B, 9439B, 0148C, 1146C, 1208C, 1207C, 1478C, 1694C, 2272C, 2812C, 4973C, 6496C
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