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.1 Definitions
.11 "Apparent Eligibility" means that the information provided on the Statement of Facts and information otherwise available to the county indicates that the applicant would be eligible for aid if the information on the Statement of Facts were verified.
.12 "Applicant" means the person or family making, or on whose behalf is made, a request for AFDC by filing an application.
.13 An "Emergency Situation" means one or more of the following exist:
.131 Lack of Housing - The applicant is homeless as defined in MPP 44-211.511.
.132 Pending Eviction - The applicant has received any type of eviction notice, including a three-day notice to pay or quit, evicting the family from its current residence.
.133 Lack of Food - The applicant does not have enough food to sustain the family for a period of three calendar days.
.134 Utility Shutoff Notice - The applicant has received a notice of termination of utility service or such service has been terminated.
.135 Transportation - The applicant is unable to meet essential transportation needs such as those relating to food, medical care, or job opportunity.
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.136 Clothing - The applicant lacks essential clothing such as diapers or clothing needed for inclement weather.
.137 Other - The applicant has other emergencies of similar importance to the family's immediate health and safety.
.14 "Home" means any location where a family resides.
.15 "Liquid Resources" means exempt and nonexempt items of value belonging to persons who would be included in the assistance unit which are immediately available and reasonably convertible to cash in time to meet the emergency situation.
.151 Liquid resources shall include but are not limited to cash, negotiable securities, and similar resources.
.152 Liquid resources do not include the cash surrender value of insurance policies, trust deeds, household items and furnishings, personal effects, motor vehicles, or real property.
.2 Eligibility for an Immediate Need Payment
.21 Eligibility for an Immediate Need payment exists when the applicant meets all of the following conditions:
.211 Is apparently eligible for AFDC.
(a) An alien applicant who does not provide verification of his/her eligible alien status is not apparently eligible.
(b) A woman with no eligible children who does not provide medical verification of pregnancy as specified in MPP 44-205.642 is not apparently eligible.
.212 Has an emergency situation, without regard to whether it could have been anticipated, which cannot be addressed by the issuance of food stamps or homeless assistance or by referral to a community resource as specified in MPP 40-129.6.
.213 Has resources that do not exceed the resource limitation as specified in MPP 40-129.22.
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.214 Has complied with the following technical conditions for AFDC:
(a) Social security enumeration, application for unconditionally available income (including UIB), work registration of the principal earner who is exempt from GAIN due to remoteness, work registration of the nonfederal principal earner, and cooperation with the District Attorney in accordance with MPP 43-201.1.
(1) AFDC and Immediate Need case processing shall continue pending the applicant's verification of his/her completion of any technical condition of eligibility required.
.22 Resource Limitation
.221 When the emergency situation involves transportation, liquid resources must be less than the cost of the emergency.
.222 When the emergency situation is a pending eviction, liquid resources together with income must be less than the rent owing.
.223 For all other emergency situations, liquid resources must be less than $100.
.23 If eligible, the Immediate Need payment is:
.231 The amount of the grant to which the applicant family would be entitled for the month of application computed in accordance with MPP 44-315.5 or $200, whichever is less.
.24 The family shall be eligible for a second Immediate Need payment when:
.241 A second request is made; and
.242 The applicant remains apparently eligible; and
.243 The AFDC check has not yet been issued; and
.244 The family emergency continues or a new emergency has arisen; and
.245 The Immediate Need payment issued in the previous month was approved for an amount less than $200.
.25 In no event shall the combined amount of the Immediate Need payments exceed $200.
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.3 Immediate Need Payment Requests
.31 A family may request an Immediate Need payment any time during the application process.
.311 The application process begins the date the county receives a completed application and continues until the AFDC application is approved and aid is issued or until the application is denied or withdrawn.
.32 At the time of application, every applicant shall be given the opportunity to request an Immediate Need payment by completing the Immediate Need section of the application.
.321 The county shall encourage applicants who indicate that they are in an emergency situation to complete the Immediate Need section of the application.
.322 If an applicant indicates verbally or in writing that he/she has an emergency situation, after the application has been submitted, the county shall provide the applicant with the Immediate Need Payment Request (CA 4, 9/90).
.323 The Immediate Need Payment Request (CA 4, 9/90) shall only be required for applicants who request an Immediate Need payment after the initial application.
.33 The county shall not complete the Immediate Need section of the application or the Immediate Need Payment Request (CA 4, 9/90), except at the applicant's specific request.
.34 All Immediate Need payment requests received during regular business hours shall be accepted on that date.
.341 In no event shall any person wishing to file a request for an Immediate Need payment be denied the right to do so.
.342 The county shall not ask an applicant to withdraw an Immediate Need payment request.
.35 The applicant shall be given a copy of the application or the Immediate Need Payment Request (CA 4, 9/90) when it is received by the county indicating the date of receipt.
.4 The Immediate Need Interview
.41 If the applicant indicates on the initial application or the Immediate Need Payment Request (CA 4, 9/90) that the family has an emergency situation as defined in MPP 40-129.13, the county shall conduct an Immediate Need interview no later than the next working day following the date the Immediate Need request is received.
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.411 When feasible, the county should conduct the interview the same day the Immediate Need payment is requested, but no later than the next working day.
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.412 The interview shall be conducted in accordance with MPP section 40-131.
.413 During the Immediate Need interview, the county shall review:
(a) The completed Statement of Facts; and
(b) The application or, if applicable, the completed Immediate Need Payment Request (CA 4, 9/90).
.414 To the extent that it is reasonable for the county to expect the applicant to do so within the Immediate Need time frame, the applicant shall provide all documentation necessary to verify the family's eligibility for AFDC.
(a) The county shall not deny an Immediate Need payment because the applicant failed to provide verification/documentation of eligibility for AFDC except as required under MPP 40-129.211(a) and (b) or when such verification is in the applicant's possession.
.5 Action on The Immediate Need Payment Request
.51 A determination of eligibility for an Immediate Need payment shall be made no later than the next working day following receipt of the request.
.52 When eligibility to an Immediate Need payment exists:
.521 And eligibility for AFDC is verified within the Immediate Need time frame specified in MPP 40-129.51, the county shall issue the regular aid payment to which the applicant is eligible in lieu of the Immediate Need payment.
(a) The aid payment shall be issued in the same manner as the Immediate Need payment in MPP 40-129.8.
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.522 And eligibility for AFDC is not verified within the Immediate Need time frame, the county shall issue the Immediate Need payment in accordance with MPP 40-129.8 unless the emergency situation is pending eviction and the applicant has requested an expedited determination of eligibility in accordance with MPP 40-129.7.
.523 The county shall notify the applicant in writing in accordance with MPP 22-001a.(1).
.53 When eligibility for an Immediate Need payment does not exist:
.531 The Immediate Need payment request shall be denied and the applicant notified in writing in accordance with MPP 22-001a.(1). Where notification is hand-delivered, a new Immediate Need Payment Request (CA 4, 9/90) shall also be given to the applicant.
.532 The AFDC eligibility determination process shall continue unless the family fails to meet financial eligibility or deprivation standards, in which case the AFDC application and the request for an Immediate Need payment may be denied concurrently.
.533 A denial of an Immediate Need payment request shall not constitute a basis for denial of the application for aid.
.534 The county shall deny the Immediate Need request in the following situations:
(a) The applicant is eligible for Immediate Need based on the need for food as defined in MPP 40-129.133 and the need for food has been met through the issuance of food stamps within one working day from the date of the Immediate Need request.
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(1) In order for the request for an Immediate Need payment to be denied based on the issuance of food stamps to meet a food need, the applicant must be able to use the food stamps to feed the applicant and the applicant's family.
(2) For example, a family is living in a hotel which prohibits the family from bringing food into the room. In this situation, the food stamps will not meet the family's need for food unless the food stamps can be used to purchase prepared meals at a location reasonably accessible to the hotel. If such prepared meals are not available, the request for an Immediate Need payment cannot be denied based on the issuance of food stamps.
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(b) The applicant is eligible for an Immediate Need payment based on homelessness as defined in MPP 44-211.511 and a homeless assistance payment has been issued within one working day of the Immediate Need request.
(c) The applicant is not apparently eligible in accordance with MPP 40-129.211.
(d) The county has concluded, based upon all available information, that the applicant does not have an emergency situation.
(e) The applicant is eligible for an Immediate Need payment based on an eviction as specified in MPP 40-129.132 and the applicant chooses an expedited eligibility determination for aid.
(f) The need has been met through a referral to a community resource made in accordance with MPP 40-129.6.
(g) The applicant is currently receiving AFDC or Refugee Cash Assistance.
(h) The Immediate Need request was made by an individual being added to an existing assistance unit.
(i) The Immediate Need request was made on behalf of a child placed in foster care.
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(j) The entire assistance unit is currently being sanctioned.
(k) The county is unable to establish the applicant's eligibility in the following circumstances:
(1) The applicant fails to cooperate as specified in MPP 40-129.214 or refuses to cooperate as specified in MPP 40-129.414(a).
(2) The applicant fails to keep the scheduled interview.
.6 Referral to Community Resources
.61 The county shall have the option to refer the applicant to another public program or private resource to meet an emergency situation other than the need for shelter or food and the request for an Immediate Need payment may be denied, when all of the following conditions are met:
.611 During the application period not more than one referral is made and the referral, when made, is to meet no more than one need.
.612 The county has verified in advance that the specific need will be fully met by the public program or private resource by the end of the working day following the request for an Immediate Need payment. The case record shall be documented to show that the county has verified in advance that such need will be met.
.613 The family has the mental and physical capabilities to travel to the public program or private resource. Counties will complete the referral with due regard to the situation of the family as a whole.
.62 The county shall not refer the applicant to the public program or private resource when travel will create another emergency situation.
.63 When a referral to another public program or private resource is made, the county shall provide the applicant the following information in writing:
.631 The name, contact person, address and phone number of the public program or private resource, and
.632 The applicant's specific need that will be met by the referral to the public program or private resource, and
.633 If the other public program or private resource does not fully meet the applicant's need and the applicant returns within the Immediate Need time frame and remains eligible for an Immediate Need payment, the payment will be issued no later than the next working day following the date the county received the Immediate Need request.
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.64 When the other public program or private resource does not fully meet the applicant's need and the applicant returns within the Immediate Need time frame, the county shall provide the applicant with an Immediate Need payment, providing the applicant remains eligible.
.65 When the other public program or private resource does not fully meet the applicant's need and the applicant returns after the Immediate Need time frame, the county shall provide the applicant with a new Immediate Need Payment Request (CA 4, 9/90).
.7 Expedited Determination of Eligibility
.71 If the emergency situation is an eviction, and the applicant is found to be eligible for an Immediate Need payment, the applicant shall be permitted to choose in writing either the Immediate Need payment or an expedited determination of AFDC cash aid eligibility when all of the following conditions are met:
.711 The applicant is in receipt of a notice of eviction, including a three-day notice to pay or quit; and
.712 The applicant has insufficient funds to pay the rent owing; and
.713 The applicant is currently residing in his/her home.
.72 Before the applicant chooses between the two options, the county shall inform the applicant in writing of the information and verification known to be necessary to determine eligibility for aid.
.73 The applicant's decision shall be documented in writing and retained in the case record.
.74 The expedited eligibility determination shall be completed and payment issued within three working days from the date of the Immediate Need payment request.
.75 The county shall issue the Immediate Need payment no later than the third working day if the eligibility determination cannot be completed.
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.8 Payment Issuance
.81 If AFDC eligibility has not been verified, the county shall issue the Immediate Need payment as follows:
.811 If the office where the Immediate Need payment request is received has in-house payment issuance capabilities for AFDC FG and U, then the Immediate Need payment shall be hand-delivered to the applicant in that office.
(a) The county shall deliver the payment no later than the next working day following the day the county received the Immediate Need request.
.812 If the office where the Immediate Need payment request is received does not have in-house payment issuance capabilities, the applicant shall be given the choice of having the Immediate Need payment hand-delivered either at another specified location or to the applicant at the office where the application was filed.
(a) When an applicant chooses to receive payment at another specified location, the county shall deliver the payment no later than the next working day following the day the county received the Immediate Need request.
(b) When an applicant chooses to receive payment at the office where the application was filed, the county shall deliver the payment no later than the third working day following the day the county received the Immediate Need request.
(c) When the applicant fails to pick up the payment, the county shall deposit it in the mail no later than the end of the next working day.
(d) The applicant's choice of payment method shall be documented in the case record.
.9 Completion of the AFDC Eligibility Determination Process
.91 When an Immediate Need payment has been issued, the county shall verify the applicant's eligibility for aid within 15 working days from the date of receipt of the Immediate Need payment request.
.911 The 15-working-day time frame shall apply to an Immediate Need request that was denied because the need was met by another public program or private resource.
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.912 The 15-working-day time frame shall apply to an Immediate Need payment request that was denied because the emergency situation was a lack of housing and the need was met by the issuance of a homeless assistance payment.
.913 When the 15-working-day time frame cannot be met, the eligibility verification process shall continue.
.92 If verification of eligibility is completed, and the applicant determined eligible, the county shall compute the aid payment in accordance with the beginning date of aid rules at MPP 44-317.13.
.93 The amount of aid payment shall be the grant amount less any Immediate Need payment the county issued for that month.
.94 The county shall issue the payment as soon as administratively possible.
.95 When an Immediate Need payment has been issued, and the applicant family is determined to be ineligible for AFDC benefits, the application shall be denied.
NOTE: Authority cited: Sections 10553, 10554, and 11209, Welfare and Institutions Code. Reference: Sections 11052.5, 11056, 11266, and 11270, Welfare and Institutions Code; and 45 CFR 205.52, 206.10 and 233.10(a)(1)(iv).