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KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES 10-24 MAXIMUM HOURLY CHILD CARE BENEFIT RATES** BY TYPE OF PROVIDER AND AGE OF CHILD
HOMES Centers
OUT OF HOME RELATIVE LICENSED Infant Toddler Preschool School-Age County (Region) 18 months & less over 18 months 0 thru 17 months 18 thru 35 months 36 thru 59 months 60 months and older 0 thru 11 months 12 months thru 35 months 36 months thru 59 months 60 months and older Allen (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Anderson (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Atchison (Kansas City) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Barber (Wichita) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Barton (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Bourbon (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Brown (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Butler (Wichita) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Chase (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Chataqua (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Cherokee (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Cheyenne (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Clark (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16
C-18
HOMES Centers
OUT OF HOME RELATIVE LICENSED Infant Toddler Preschool School-Age County (Region) 18 months & less over 18 months 0 thru 17 months 18 thru 35 months 36 thru 59 months 60 months and older 0 thru 11 months 12 months thru 35 months 36 months thru 59 months 60 months and older Clay (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Cloud (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Coffey (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Comanche (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Cowley (Wichita) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Crawford (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16
Decatur (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16
Dickinson (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Doniphan (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Douglas (Kansas City) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Edwards (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Elk (Wichita) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Ellis (West) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Ellsworth (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16
HOMES Centers
OUT OF HOME RELATIVE LICENSED Infant Toddler Preschool School-Age County (Region) 18 months & less over 18 months 0 thru 17 months 18 thru 35 months 36 thru 59 months 60 months and older 0 thru 11 months 12 months thru 35 months 36 months thru 59 months 60 months and older Finney (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Ford (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Franklin (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Geary (West) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Gove (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Graham (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Grant (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Gray (WE) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Greeley (West) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Greenwood (Wichita) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Hamilton (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Harper (Wichita) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Harvey (West) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Haskell (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Hodgeman (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16
C-18
HOMES Centers
OUT OF HOME RELATIVE LICENSED Infant Toddler Preschool School-Age County (Region) 18 months & less over 18 months 0 thru 17 months 18 thru 35 months 36 thru 59 months 60 months and older 0 thru 11 months 12 months thru 35 months 36 months thru 59 months 60 months and older Jackson (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Jefferson (East) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Jewell (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Johnson (Kansas City) 1 2.94 2.81 4.52 4.33 4.23 3.85 7.33 6.25 5.51 4.81 Kearney (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Kingman (Wichita) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Kiowa (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Labette (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Lane (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Leavenworth (Kansas City) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Lincoln (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Linn (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Logan (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Lyon (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16
HOMES Centers
OUT OF HOME RELATIVE LICENSED Infant Toddler Preschool School-Age County (Region) 18 months & less over 18 months 0 thru 17 months 18 thru 35 months 36 thru 59 months 60 months and older 0 thru 11 months 12 months thru 35 months 36 months thru 59 months 60 months and older Marion (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Marshall (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 McPherson (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Meade (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Miami (East) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Mitchell (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Montgomery (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Morris (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Morton (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Nemaha (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Neosho (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Ness (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Norton (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Osage (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Osborne (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16
C-18
HOMES Centers
OUT OF HOME RELATIVE LICENSED Infant Toddler Preschool School-Age County (Region) 18 months & less over 18 months 0 thru 17 months 18 thru 35 months 36 thru 59 months 60 months and older 0 thru 11 months 12 months thru 35 months 36 months thru 59 months 60 months and older Ottawa (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Pawnee (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Phillips (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Pottawatomie (East) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Pratt (Wichita) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Rawlins (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Reno (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Republic (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Rice (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Riley (West) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Rooks (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Rush (West) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Russell (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Saline (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16
HOMES Centers
OUT OF HOME RELATIVE LICENSED Infant Toddler Preschool School-Age County (Region) 18 months & less over 18 months 0 thru 17 months 18 thru 35 months 36 thru 59 months 60 months and older 0 thru 11 months 12 months thru 35 months 36 months thru 59 months 60 months and older Scott (West) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Sedgwick (Wichita) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Seward (West) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Shawnee (East) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65 Sheridan (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Sherman (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Smith (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27
3.16 Stafford (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Stanton (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Stevens (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Sumner (Wichita) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Thomas (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Trego (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Wabaunsee (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16
C-18
HOMES Centers
OUT OF HOME RELATIVE LICENSED Infant Toddler Preschool School-Age County (Region) 18 months & less over 18 months 0 thru 17 months 18 thru 35 months 36 thru 59 months 60 months and older 0 thru 11 months 12 months thru 35 months 36 months thru 59 months 60 months and older Wallace (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Washington (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Wichita (West) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Wilson (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Woodson (East) 3 1.87 1.77 2.88 2.73* 2.73* 2.50 6.28 5.26 4.27 3.16 Wyandotte (Kansas City) 2 2.44 2.19 3.75 3.37 3.37 3.17 6.28 5.28 4.13 3.65
Group #1 = Johnson Group #2 = Butler, Douglas, Ellis, Geary, Greely, Harvey, Jefferson, Leavenworth, Miami, Pottawatomi, Riley, Rush, Scott, Sedgwick, Seward, Shawnee, Wyandotte Group #3 = All counties not listed above
* With the 10-1-24 adjustment, these rates were “held harmless” and were kept at the rates from the previous Market Rate Survey, as these past rates were higher.
**DCF pays a statewide rate for in-home care provided in the child’s home by a relative. This rate is $2.42/hour effective 11-1-18.
Child care provider rates are based on data received by conducting a market analysis and a narrow cost analysis. A child care market analysis measures the child care prices charged by the providers and paid by parents in a specified geographic area. A narrow cost analysis measures what it actually costs child care providers to provide the care, including the cost of meeting required health and safety standards. The above rates were effective 10-1-2024. Based on information received in the 2024 market analysis, benefits for families using licensed home providers or child care centers are paid at approximately the 75th percentile or better. This means that 75% of providers charge the private sector the state rate or below. Out of home relative providers are paid at a rate that is 65% of the rate for licensed child care homes.
Providers serving children who have been professionally evaluated as having a special need severe enough to require additional staff or specialized support services not routinely available, may be eligible for reimbursement up to, but not exceeding, the Enhanced Rate for Special Care of $7.34 per hour for all ages of children, for all approvable hours of care, effective 10-1-24. An ES 1627A Request for Enhanced Rate for Special Care form is completed requesting the enhanced payment rate for a child. All requests for the Enhanced Rate for Special Care must be approved by regional child care provider enrollment staff.
10-25 F-2 FOOD ASSISTANCE PROGRAM STANDARDS EFFECTIVE October 1, 2025 – September 30, 2026 SIZE OF HOUSEHOLD MAXIMUM BENEFIT GROSS INCOME NET INCOME 1 2 3 4 5 $298 546 785 994 1183 $1696 2292 2888 3483 4079 $1305 1763 2221 2680 3138 6 7 8 9 10 1421 1571 1789 2007 2225 4675 5271 5867 6463 7059 3596 4055 4513 4972 5431 11 12 13 14 15 2443 2661 2879 3097 3315 7655 8251 8847 9443 10039 5890 6349 6808 7267 7726 16 17 18 19 20 3533 3751 3969 4187 4405 10635 11231 11827 12423 13019 8185 8644 9103 9562 10021 Each Additional Person +218 +596 +459 Standard Deduction Household Sizes 1-3 .………………………………………………………. $209 Household Size 4 ………………………………………………………….. $223 Household Size 5 ………..………………………………………………… $261 Household Size 6 or more ……………………………………………………$299 Maximum Excess Shelter Deduction ………………………………………………… $744 Homeless Shelter Expense …………………………………………………………… $198.99 Standard Utility Allowance ………………………………………………………………... $469 Limited Utility Allowance ………………………………………………………………….. $345 Telephone Standard ………………………………………………………………………… $44 Standard Medical Deduction ……………………………………………………………... $175
07-11 F-4
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TANF NonShared Living Persons in Plan I & II III IV V 100% 100% 100% 100% 1 224 229 241 267 2 309 314 326 352 3 386 391 403 429 4 454 459 471 497 5 515 520 532 558 6 576 581 593 619 7 637 642 654 680 8 698 703 715 741 For each additional person, add $61 to the 100% column.
Table I - This table represents l00% of the basic and shelter allowances. This table is to be used in all TANF cases when:
(1) All persons in the home are included in the same assistance plan;
(2) The only person excluded from the plan is an SSI recipient to whom the statutory l/3 reduction has been applied to the SSI payment or is a child in joint custody who is ineligible to receive assistance in accordance with 2220;
(3) There is a shared living arrangement resulting from a commercial and bona fide landlord/tenant relationship with persons excluded from the assistance plan; or
(4) There is a specialized living, commercial board and room, or commercial room- only arrangement.
Accredited - A child care center evaluated by the Academy of Early Childhood Programs of the National Association for the Education of Young Children and recognized as meeting high standards and providing a quality early childhood program. A family child care home evaluated by the National Association for Family Child Care and recognized as meeting high standards in the following areas: Relationships, The Environment, Developmental Learning Activities, Safety and Health, and Professional and Business Practices.
Actual Hours - The actual number of hours a child spent in the provider’s care during a payment month as reported on the provider’s attendance record. (KEESM 10036 )
Affordable Child Care - The family has sufficient income or assistance through the child care subsidy program to pay the costs of care.
Agency Error Overissuance - An overissuance caused by agency action (at any level) or failure to take the required action.
Allotment - Allotment means the total value of benefits a household is authorized to receive during the month.
Applicant - A person who submits an application for benefits.
Application Date - The date upon which a signed application is received in the local office. When establishing a new Income Eligible Child Care case, this date is normally used as the initial eligibility date for child care services and the effective date of the initial child care plan.
Appropriate Child Care - A KDHE licensed child care facility is one that meets or exceeds minimum health and safety requirements to legally operate. An unregulated legally exempt provider is one who is licensed by another state and is a CCDF provider in that state or is under the jurisdiction of the federal government or tribe, and has completed a Health and Safety Standards Check List and maintains a facility that meets or exceeds minimum standards.
Assistance Planning - Assistance planning relates to the consideration of certain individuals living together as a family group. The assistance plan shall consist of those members in the family group who are part of the mandatory filing unit and who are applying for or receiving cash assistance, plus other family group members for whom assistance is requested.
Authorized - Indicates final approval of a child care plan or payment issuance.
Banking Child Care Benefits - Accepting payments from families using DCF child care benefits for future care outside of the terms required by the signed and dated family/provider contract to use later. Child Care Assistance Payments made with the EBT card that exceed the amount owed to the provider, based on the terms in the written contract, must be returned to DCF. If enrollment fees or deposits are included in the signed and dated family/provider contract, using available child care benefits for payment is not considered banking.
Beginning Months - A beginning month is either of the first two consecutive months for which a household is certified to receive benefits initially or following a break in certification of one month or more as a monthly reporting household.
Benefit Month - A benefit month is a calendar month for which the agency issues a benefit (also known as issuance month).
Boarders - Individuals or groups of individuals residing in a commercial boarding facility or residing with others and paying reasonable compensation to the others for meals.
Break in Assistance - A full calendar month in which there is no eligibility for assistance and no benefits are issued.
Caretaker - For TANF, a caretaker is any of the following: 1) a blood or adoptive relative within the fifth degree of kinship to the dependent child; 2) a stepparent or stepsibling; 3) a court- appointed guardian, conservator or legal custodian; or 4) the spouses or former spouses of any of these persons. (See KEESM 2220 .)
A caretaker is the person who is assigned the primary responsibility for the care and control of the child either singly or, in the case of a caretaker and spouse who live together, jointly. For married couples other than the child's parents (e.g., grandparents, aunt, uncle, etc.), caretaker status can be extended to both individuals.
Cash Assistance - Also known as TANF, which stands for Temporary Assistance for Needy Families, is a program that provides financial help. To qualify for TANF, there must be at least one child living in the home. This child can be an unborn baby, a child under 18 years old, or a child who is 18 years old and still working towards their High School Diploma or a GED. This is a monthly benefit that can assist with essential expenses, such as rent or mortgage, utilities, school costs, and other basic living needs.
Case Management - A process designed to support and strengthen the client’s capacity to become self-sufficient and to help assure that clients and their families have access to resources and opportunities for self-sufficiency. The case management process involves assessment, planning, decision making, and problem solving. The career navigator, client, and service provider (if applicable) form a partnership in this process.
Child - As a general rule, a person who is under the age of 18 years old and is not able to act in their own behalf per 2110. In addition, for TANF and Child Care purposes, a child also includes an individual who is 18 and working towards attainment of a high school diploma or its equivalent.
Child Abuse and Neglect - Refer to Children and Family Services Policy and Procedure Manual.
Child Abuse and Neglect Registry - A computerized name-based list of persons who have been confirmed for child abuse or neglect or sexual abuse. The name of a perpetrator is not confirmed in the central registry unless and until they have been afforded an opportunity for an interview and have exercised their right of appeal or the time limit for appeal has expired without action.
Child and Adult Care Food Program (CACFP) Participant - A licensed child care provider receiving financial reimbursement for food expenditures from the State Department of Education for meals served to low-income children.
Child Care Assistance - A service for a child based on the demonstrated needs of the child and/or his or her family. Benefit issued by DCF for all or a portion of a family’s child care costs.
For TANF - TANF clients participating in an Employment Services Activity (Work Program) may be eligible for Child Care. Child Care hours will be authorized based on expected participation hours of work program activity.
Child Care Center (CCC) - A facility that provides
care and educational activities for 13 or more children for more than three hours and less than 24 hours per day including daytime, evening, and nighttime care or,
before-and- after school care for school age children. A facility may have fewer than 13 children and be licensed as a center if the program and building meet child care center regulations.
Child Care Critical Incident (Non-Abuse Neglect) - An incident that potentially may draw political, legislative, or public attention or media involvement. Examples may be Emergency Suspension due to issues not related to abuse or neglect (such as overcapacity) that have come to the attention of the media. Emergency closing by a provider resulting in large displacement of children from families receiving DCF benefits and has come to the attention of the media. Federal Fraud investigation initiated. PPS completes all Critical Incident Reports on Child Care Providers when there is alleged Abuse or Neglect.
Child Care Facility - A licensed child care center, preschool, family child care home, public school, or Head Start program that provides care for part of the 24-hour day for a child who is not related by blood, marriage, or adoption to the owner or operator. The facility includes physical structure, staff, furnishings and program materials used to deliver the service.
Child Care Facility Surveyor - A person employed by the State or local Health Department who approves facilities for licensure.
Child Care Plan - The document given to an eligible client identifies hours child care is authorized, and the amount of any family share deduction.
Child Care Provider Capacity - The maximum number of children allowed by license to be present at any one time in a child care facility.
Child Development Associate (CDA) - A national credentialing program administered by the Council for Early Childhood Professional Recognition in Washington, D.C. designed to enhance the Quality of child care. The national standards used to evaluate a caregiver’s performance with children and families are divided into six goals which are common to all child care settings and 13 functional areas.
Child’s Initial Eligibility Period (CIEP) : In Child Care Assistance, this value begins at the first month of care for a child and ends at the end of their full 12-month period. These do not have to be the same for all children in a case.
Client - Person applying for or receiving benefits. The term client encompasses the terms applicant, recipient, family, parent-guardian- caretaker, customer, and consumer.
Client Overissuance - An overissuance which is caused by a misunderstanding or by an unintentional error on the part of the household. This type of overissuance is also known as a client-caused non-fraud overissuance.
Complaint - A communication, either written or verbal, alleging children have been abused and/or neglected or a provider is in non-compliance with statutes, regulations, or payment policies and procedures.
Complaint Investigation - An investigation by DCF, KDHE, and/or Law Enforcement which includes allegations of child abuse or neglect, alleged violations of KDHE regulations as conditions of licensure or registration, alleged failure to meet regulatory standards by a home approved to care for youth 16 years or older or a relative home, or alleged failure to comply with terms of a provider agreement between DCF and the child care provider.
Compliance - The condition exists when all the relevant statutes, administrative regulations, agency policies and procedures are met by the child care facility.
Contracted Employment Services - Employment related services are provided to work program participants by a provider based on the provision of a provider agreement. Services include: Job Development, Placement, and Monitoring; On-the Job Training (OJT) Development, Placement, and Monitoring; Comprehensive Job Coaching; Job Club Workshop; Life Skills Workshop; Job Retention; Special Projects; and Vocational Assessment; Adult Education; TABE; Domestic Violence; Job Skills Training; LD Diagnostic; Mental Health Supported Employment; Parenting; Psychological Assessment; Substance Abuse Education; Transportation; Combined Job Club/Life Skills; Pilot Project; and Job Readiness.
Coordinated Transit District - Kansas Department of Transportation designated public or not-for- profit agency with an established purpose to distribute federal and state funds and monitor implementation of passenger transportation services in a designated area of the State. There are ten Coordinated Transit Districts throughout Kansas.
Corrective Action - Changes in the environment, behaviors, procedures, and supervision, the operator of a child care center or home must take to be in compliance with statutory, regulatory or Provider Agreement requirements.
DCF Critical Incident Team - Individuals and positions designated by the Secretary of DCF to receive information regarding adult or child deaths and other critical incidents. “Critical Incidents” is a group name in the agency’s email address book.
Denial (Provider) - An official refusal by KDHE or DCF to grant licensure, registration and/or a Provider Agreement due to one or more of the following reasons:
noncompliance with KDHE regulations,
noncompliance with DCF policies and procedures,
deliberate falsification of information, either verbally or in writing,
failure to complete the approval process,
children being “at risk” of abuse or neglect or who have been abused or neglected, and/or
services do not meet the development needs of DCF eligible children
Developmentally Delayed - Children having one or more conditions that impede the appropriate behavior of their chronological age in one or more of the following areas: motor functioning, self-help skills, cognition, communication, or interaction with their social and/or physical environment. Special assistance is required to minimize or to compensate for the identified limitation.
Disabled - For food assistance and TANF program purposes, a disabled person is any person who meets one of the following criteria. The individual’s disability must be verified in accordance with this definition. For ease of reference, the mandatory verification requirements are specified following each of the disability criteria.
Disabled is any person who:
receives Supplemental Security Income (SSI) benefits for disability or blindness under title XVI of the Social Security Act or receives disability or blindness benefits under title II of the Social Security Act. Receipt of the above benefits must be verified for an individual to be considered disabled under this criteria. Individuals are also considered disabled when receiving presumptive SSI benefits. Individuals considered 1619b are also considered disabled for food assistance and TANF purposes. Such individuals continue to be blind or continue to have disabling physical or mental impairment on the basis of which they were found to be under a disability and, except for their earnings, meets all non-disability-related requirements for eligibility for benefits under this title. NOTE : 1619b SSI recipients, though considered disabled, are not considered categorically eligible for food assistance.
is a veteran with a service-connected or nonservice-connected disability rated by the Veteran's Administration (VA) as total or paid as total by the VA under title 38 of the United States Code. For verification of disability under this criteria, the household must present a statement from the VA that clearly indicates that the disabled individual is receiving VA disability benefits and that the disability is rated as total or paid at the total rate by the VA.
is a veteran considered by the VA to need regular aid and attendance or permanently housebound under title 38 of the United States Code; or is the surviving spouse of a veteran and considered by the VA to need regular aid and attendance or permanently housebound; or is a surviving child of a veteran and considered by the VA to be permanently incapable of self-support under title 38 of the United States Code. Verification that the disabled individual is receiving VA disability benefits is sufficient verification of disability under this criteria.
is a surviving spouse or child of a veteran and: is receiving, or is approved for, compensation of pension benefits through the Veterans Administration under title 38 of the United States Code as a result of the veteran's death; and has a disability that would be considered permanent under section 221(I) of the Social Security Act (whether or not the individual has applied for or been approved for any benefits for that disability).
receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(I) of the Social Security Act. NOTE : The specific impairments that are classified as permanent disabilities under section 221(I) of the Social Security Act are found in the Appendix . If it is obvious to the worker that the individual has one of the listed disabilities, the household shall be considered to have verified the disability. If the disability is not obvious to the worker, the household shall provide a statement from a physician or licensed or certified psychologist certifying that the individual has one of the non-obvious disabilities as a means for verification of disability under items 4 and 5 of this page.
receives an annuity payment under section 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be eligible to receive Medicare by the Railroad Retirement Board; or receives an annuity payment under section 2(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under title XVI of the Social Security Act. For verification of this criteria, the household shall provide proof that the individual receives a Railroad Retirement disability annuity from the Railroad Retirement Board and has been determined to qualify for Medicare.
is a recipient of disability-related medical assistance benefits under Title XIX of the Social Security Act. In Kansas, anyone receiving medical assistance (including persons on a spenddown) as a result of a disability determination made by DDS per 2662.2(3) or a Tier 1 presumptive determination in accordance with 2662.1 would qualify as disabled for the purposes of this provision.
Disaster - For purposes of replacing food destroyed in a disaster, a household disaster includes fire, flood, tornado, and accompanying loss of electricity. A disaster would also include loss of electricity due to ice/ thunderstorms and household misfortunes such as: appliance breakdowns, sewer back-ups, and resulting flooding and other household misfortunes that result in loss of food purchased with food assistance benefits.
Discipline - The ongoing process of helping children develop inner control to be able to manage their behavior and emotions in a socially approved manner.
Displacement - A term used to describe working conditions of regular employees in businesses where work program participants are placed in work sites or OJT contracts. The assignment of the participant may not infringe in any way on the employment of the regular employee which includes the reduction of non-overtime hours, wages, employment benefits, or promotional opportunities.
Diversion Payment (TANF) - The $1,000 Lump Sum Non-Recurrent Diversion payment is only available to adult applicants or emancipated minors if they have not received TANF benefits in Kansas or any other state. It is designed to help TANF-eligible families in a crisis or emergency situation that would endanger their ability to remain employed or to accept an offer of employment.
Effective Date - The date upon which a child care plan becomes effective, and the first day for which benefits may be issued for child care services.
Elderly - For food assistance program purposes, elderly is defined as any person who is 60 years old or over; a person who is 59 years old at the time of application, but who will be 60 years old by the end of the month of application shall be considered elderly under this provision.
Eligible Foods - Food assistance benefits can be used to purchase the following eligible foods:
Any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption;
Seeds and plants to grow foods for the personal consumption of eligible households;
Meals prepared and delivered by an authorized meal delivery service to households eligible to use benefits to purchase delivered meals; or meals served by an authorized communal dining facility.
Meals prepared and served to households eligible to use benefits in institutions defined in 4230 .
Eligibility Determination : This is the act of determining eligibility for an application, using the initial application eligibility rules for income, resources, and changes.
Eligibility Redetermination : This is the act of determining eligibility for a Recertification (Review), using the appropriate rules for income, resources, and changes.
Emancipated Minor - A person who is less than 18 years old who has been emancipated by the courts or has been married.
Enrollment Fee - An initial one-time fee subsidized by DCF to enroll a child for care.
Expiration Date - The date upon which a child care plan is scheduled to expire, and the last day for which benefits may be issued for child care services. The expiration date must be at least twelve calendar months following the effective date of the child care plan, and may not occur after the end of the eligibility period.
Expungement of Child Abuse and Neglect Central Registry - A written request to the Secretary of DCF by an individual identified as a confirmed perpetrator of abuse or neglect to have his or her name removed from the child abuse and neglect registry. Refer to Children and Family Services Policy and Procedure Manual.
Family Child Care Home - A child care facility in which care is provided for a maximum of 12 children under 16 years of age and includes children under 10 years of age related to the provider. This could require two providers depending on the total number and ages of children in care.
Family Group - A family group is defined as the client and all individuals living together in which there is a legal and/or caretaker relationship. (See KEESM 2220 for temporary absences.)
Family Income and Share Deduction Schedule - The schedule shows family share deduction amounts based on gross income and the number of people in the family. The schedule applies to income eligible families.
Family Members Living Away from Home (Food Assistance, TANF, Child Care) - A person living away from home is considered a family member if the person maintains their permanent residence with that family and continues to function as a family member even if the maintenance provided is inadequate. (KEESM 2223 )
Family Size - The number of persons living in the household who shall be included when determining financial eligibility for TANF, food and child care assistance. Also known as nuclear family or household size.
Family Share Deduction - An amount deducted from the child care benefit before it is issued to a parent’s EBT card/account, determined by family size and income. DCF will issue benefits to the client’s EBT card/account for the total cost of care (at DCF payment rates) after first subtracting any family share deduction assignment.
Federal Earned Income Tax Credit (EIC) - A program administered through the Internal Revenue Service that provides a special tax benefit for low- income employed individuals and families. Eligible individuals can select to receive the benefit in a lump sum payment at the end of the year or may choose to receive the benefit as part of their paycheck throughout the year, commonly referred to as the Advance Payment Option.
Fleeing Felon - A fleeing felon is an individual who is avoiding prosecution or custody for a crime, or an attempt to commit a crime, that is classified as a felony.
Foster Care - Out-of-home placement of a child in DCF custody in a licensed or approved facility.
Fraud Overissuance - An overissuance which is the result of an intentional program violation on the part of the household. To be determined as a fraud overissuance, one of the following criteria shall have been met:
An administrative disqualification hearing official or a court of appropriate jurisdiction has determined that a household member committed intentional program violation (fraud) as defined in KEESM 11210 ;
An individual is disqualified as a result of signing a waiver of his/her disqualification hearing as discussed in KEESM 11250.3 ; or
An individual is disqualified as a result of signing a disqualification consent agreement as a condition for diversion (deferred adjudication) on cases referred to a court of appropriate jurisdiction.
Guaranteed Eligibility (GE) period : In Child Care Assistance, this is the period of time in which a family can re-access Child Care benefits without needing a new eligibility determination or application. The end date of the GE period should always match the end date of the initial approved 12-month eligibility period that is furthest out.
During the GE period, the FSD may not increase, and approved hours of care may not decrease if the family is still receiving care for that child.
Guardian - An adult who has been declared legally responsible for the performance of parental functions for a minor. Parental functions are the provision of food, clothing, shelter, or supervision of the minor.
Hard closure : In Child Care Assistance, this is a closure reason that terminates the Guaranteed Eligibility (GE) period.
Homeless Children (Child Care) -
Children and youth who lack a fixed, regular, and adequate nighttime residence. This term includes: sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as doubled-up); living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; living in emergency or transitional shelters; or abandoned in hospitals;
Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;
Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
Migratory children who qualify as homeless because they are living in the circumstances described above.
Homeless Individual (Food Assistance and TANF) - An individual is considered homeless when they lack a fixed and regular nighttime residence or the individual’s primary nighttime residence is:
A supervised publicly or privately operated shelter (such as a welfare hotel or congregate shelter);
A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized;
A temporary accommodation for not more than 90 days in the residence of another individual; or
Place not designed for or ordinarily used, as a regular sleeping accommodation for people (a hallway, a bus station, a lobby or similar places).
An individual who will imminently lose their nighttime residence is also considered homeless.
An individual is imminently homeless if they will soon lose their primary nighttime residence and do not have an alternative residence and lack the resources to secure permanent housing. “Soon” is defined as individuals who are within 14 days of losing their housing, do not have another residence, and do not have the resources to secure another residence. Housing includes housing they own, rent, are sharing with others, or are living in without paying rent.
Individuals fleeing or attempting to flee domestic violence, dating violence, sexual assault, or stalking who have no residence other than one shared with or known to the abuser, and inadequate resources to secure housing are experiencing homelessness because they lack a fixed and regular nighttime residence.
NOTE : Residents of battered women’s shelters are considered homeless. Residents of alcohol and drug abuse treatment facilities are NOT considered homeless.
Hourly Rate - The provider’s charge per hour to a client who purchases child care services.
Household - For Food Assistance, the household consists of all persons who live together and purchase and prepare meals together, or who are required to do so. See KEESM 4211 .
For TANF, - a household includes the child for whom assistance is requested. In the event of pregnancy, the unborn baby is also included. The household can have blood-related and adoptive minor siblings of the child or unborn baby. It also includes the biological or adoptive parents and the spouse of the parent for all the children in the household. See KEESM 4111
For Child Care, the household includes an adult who resides with a child or children for whom that adult is the primary caretaker, adults who are married to each other, adults who are not married to each other but reside together as boyfriend/girlfriend (as long as one of the adults is the primary caretaker of the child for whom assistance is requested, the minor biological and/or adopted children of the adults on the case who reside in the same household, as well as other children who reside in the household and for whom an adult on the case is the primary caretaker.
Informal Child Care - Care for a child which is legally exempt from regulation.
In-Home Relative Child Care Provider (INH) - Child care provided in the child’s own home by a relative at least 18 years of age, not a member of the eligible families assistance case, or living in the same physical household.
In LOCO Parentis - The person with the legal right and responsibility to act as a parent.
Income Eligible (Non-TANF) Child Care - Benefits for families in which no one in the assistance plan receives TANF and whose income falls within 185% of the current State Median Income. These families may be food assistance recipients See the DCF Family Income and Share Deduction Schedule for specific income limitations.
Income Month - An income month is the calendar month from which the agency uses income and deductions to determine the household's benefits for a corresponding benefit month.
Infant - A child whose chronological and/or developmental age is between birth and 12 months. Licensed providers may care for infants from birth. Child Care Centers may care for infants from age two weeks.
Information and Referral (I&R) - Inquiries received at intake which result only in the provision of information to the reporter or a referral for assistance elsewhere.
Intensive Case Management - An individualized holistic service is provided to those individuals with severe multiple, and often persistent, barriers to self-sufficiency.
Severe barriers may include, but are not limited to, chronic or recurring mental illness, mental retardation, drug or alcohol addiction, learning disabilities, criminal records, low academic achievement, domestic violence, multiple spells of public aid, poor or no work history, teen parents and domestic life complication precluding sustained employment leading to self-sufficiency. Individuals may have a combination of barriers.
Intensive case management, as opposed to case management, provides more immediate and frequent individualized contacts for the purposes of information sharing, decision making, monitoring, problem-solving, motivation, and guidance. Intensive case management contacts include frequent phone or face-to-face meetings. They may occur in the DCF office, the individual’s home, work sites or other appropriate locations such as collateral local helping agencies, schools, medical, legal, and ADA treatment providers, law enforcement offices, or offices of providers under contract to DCF.
Intensive case management services may be on-going over time based on the changing needs of the individual. Intensive case management services require referrals to, and close collaboration with, other local helping services.
Job Contact - Area EES staff have the flexibility to define the requirements of a “job contact” in order to address specific local issues.
Juvenile Offender - A person 10 or more years of age but less than 18 who commits an act while a juvenile which if done by an adult would constitute the commission of a felony or misdemeanor (K.S.A. 38-1602).
Kansas Department of Education (KSDE) - The state agency responsible for administering the Child and Adult Care Food Program (CACFP) and the Special Education (part-day) programs for developmentally delayed or preschool- age children having handicapping conditions. Kansas Department of Health and Environment (KDHE) - The state agency responsible for licensing and registration of Child Care Centers, Preschools, and Licensed Family Child Care Homes. Kansas Earned Income Credit - A tax credit available to qualifying low- income Kansas residents. The Kansas EIC is equal to ten percent of the allowed federal EIC.
Known to the Agency - Food Assistance, Cash Assistance (TANF), and Child Care Assistance - If the casefile or KEES clearly documents the caseworker’s direct knowledge of a change in circumstances, the change is considered known to the agency.
Legally Responsible Person - The legally responsible relative is the person who has the legal responsibility to provide support for the person in need (spouse for spouse and parent for child).
License - A document issued by KDHE which authorizes the licensee to operate and maintain a child care facility or agency.
Local Workforce Investment Board (LWIB) - In partnership with the chief elected official(s), the LWIB sets policy for the portion of the statewide workforce investment system within the local plan.
Low Income (Child Care) - Families whose income does not exceed 85% of the current year’s State Median Income or their family size. Refer to the DCF Family Income and Share Deduction Schedule for specific income limitations.
Mandatory Filing Unit (TANF)- The mandatory filing unit is defined as those persons within the family group who are required to be included in determining eligibility and the amount of benefits. A cohabiting boyfriend or girlfriend, including same-sex partners, of the legally responsible person of the child will be included as part of the mandatory filing unit.
Migrant - A migrant is a person who moves regularly to find work in harvesting crops or other agricultural activities.
Minimum Eligible Period : In Child Care Assistance, this is the minimum period of time a child must be granted eligibility based on the date benefits were requested, processed, and began.
Minor - A person who is less than 18 years old.
Minor able to act in their own behalf - A minor determined to be emancipated or a non-emancipated minor whose parents are deceased, institutionalized, or whose whereabouts are unknown; no other caretaker is available or willing to assume parental control; or the minor’s health and safety would be jeopardized by remaining in the parent/caretaker’s home.
Monitoring - Periodic desk audits and on-site evaluations of facilities to determine operational and program performance in accordance with the laws, regulations, and Provider Agreements under which the facilities operate.
Notice of Action - Written notification to an individual of a DCF finding, decision, or action concerning the recipient.
Occupational Outlook - Book from the Department of Human Resources indicating potential for employment in a given field.
Out of Home Relative Care - Child care provided by a relative in the relative’s own home that has met approved standards.
Out of Home Relative Child Care Provider - Child care is provided by a relative in their home who is at least 18 years of age and is not a member of the eligible families assistance case, or living in the same physical household.
Post-Confirmation Corrective Action Plan - A written agreement between DCF and an identified perpetrator of child abuse and/or neglect stating specific action to be taken by the perpetrator within a designated period of time. Successful completion of the action will prevent entering the perpetrator’s name in the CAN Central Registry.
Probation/Parole Violator - A person who is violating a condition of his/her probation or parole under a federal or state law.
Program Director - The staff person of a child care center or preschool who meets the requirements for this position, is approved by KDHE, and is responsible for implementing and supervising the program.
Progress Review - Employment Services (Work Program) Progress reviews are completed as needed but no less than once every 6 months while a work program participant is involved in assigned activities and should assess whether the participant is making satisfactory progress toward self-sufficiency. The Career Navigator will determine the need for a face-to-face or telephonic review for any or all activities.
Prohibited Person - An individual who may not reside, work or volunteer in a child care facility as described in K.S.A. 65-516.
Project Area - A project area is the administrative unit for the Food Assistance Program operation. In Kansas, the State is the project area.
Prospective Budgeting - Prospective budgeting is the calculation of a household's eligibility and allotment amount based on an estimate reflecting circumstances as they were, or are expected to be, in the calendar month for which eligibility and allotment amount are being calculated.
Provider - A person, firm, corporation, public school, Head Start or association which provides child care services.
Provider Enrollment - The process of filling out an application to gather needed information for approval of a DCF enrolled child care provider.
Provider ID - The 7-digit vendor identification number by which the provider is known on the EBT Merchant Management System. The same number is used to identify providers in the KEES system.
Provider Mailing Address - The address where the provider's notices and other information will be mailed.
Provider Physical Address - The physical address of the residence or facility where child care services are provided.
Provider Type - Provider types include Child Care Centers (CCC), Licensed Family Child Care Home (LIC), Out-of-Home Relative Providers (REL), and In-Home Care (INH) and Unregulated.
Purchase and Prepare Statement - A statement written by a food assistance household which states that they are purchasing and preparing food separately from others living in the home.
Reasonable Distance - Total daily transport time to and from home to the child care provider does not exceed two hours. If a longer transport time is generally accepted in the community, the round- trip transport time shall not exceed the generally accepted community standards.
Reasonable Time - The response time to report abuse, neglect, or sexual abuse. In no instance shall the response time exceed 20 working days. Refer to the Children and Family Services Policy and Procedure Manual.
Regular Household - A food assistance household which contains no elderly or disabled members. (See definitions for elderly and disabled in this section.)
Resource & Referral Agency (R&R) - A licensed association, organization, individual, or corporation providing support services for families in need of child care services. These agencies provide families with information regarding the availability, types, costs and locations of child care services. They also provide recruitment, training and technical assistance to child care providers.
Respite Care - Child care which is provided to allow a client time away from a child. This type of care can not be paid from child care funds.
Retention Services - Services to participants that remove barriers and provide skills for retaining employment. Services may include, but are not limited to, pre-employment workshops, post-employment workshops, support groups, one-on-one post-employment follow-up, monitoring of employment programs, upgrading skills, education or training.
Retroactive Cash Assistance Payment - For food assistance purposes, a retroactive cash assistance payment is defined as a cash payment made for a month which is received in a subsequent month. Retroactive cash assistance payments are exempt as income per KEESM 6410 (7) (b) .
Review Date - The final day of the eligibility period for child care services, and the last day for which benefits may be issued for child care if a plan is authorized.
The review date for TANF and Food Assistance indicates the month in which benefits are due to expire and a review must be completed.
Revocation - The official notice of termination of a license, certificate or registration issued to a child care provider by the Secretary of KDHE based upon documented non-compliance.
Roomers - Individuals or groups of individuals residing with others and paying compensation to the others for a room (or rooms) but no meals.
School Aged Child Care Program - KDHE definition for licensing regulations: child care provided for a child who will or has attained the age of five years on or after June 1 through the age of 12 years. Federal funding source definition: child care provided for a child from the age of six years up to the age of 13 years. For DCF child care benefits the age range 6-13 years is used.
Seasonal Farm Worker - A seasonal farm worker is a person who works on a farm or ranch on a seasonal basis when the work is generally within commuting distance of his home.
NOTE : A person who works on his/her own or leased or rented farmland on a year-round or seasonal basis is not a seasonal farm worker for the purposes of this definition.
Self-Sufficiency Agreement - A written agreement between the agency and the participant detailing the components, activities and services to be used by the participant to accomplish the self-sufficiency plan.
Special Household - A food assistance household that contains at least one member who is elderly or disabled. (See definitions for elderly and disabled in this section.)
Special Needs Children - Children with developmental disabilities, mental retardation, emotional disturbance, sensory or motor impairment, or significant chronic illness who require special health surveillance or specialized programs, interventions, technologies, or facilities.
Special Needs Provider - A child care provider who has been authorized for enhanced rates for the provision of routine, non- specialized care for children with special needs.
Special Purpose Center - A program in which specialized services are provided and the staff or provider has a special education background and other specialists are available, i.e. speech therapist, physical therapist.
Specialized Services - Services authorized by a physician, psychologist, special education specialist or other professional to overcome a child’s developmental delay. These services include, but are not limited to, language services, social services, screening and assessment, psychological services, audiological services, educational, physical therapy, occupational or speech therapy.
Spouse - For eligibility purposes, "spouse" refers to either of two individuals:
who would be defined as married to each other under applicable Kansas law, including same-sex marriages; or
who are living together and holding themselves out to the community as married by representing themselves as such to relatives, friends, neighbors, and tradespeople
Substantial Rehabilitation - For TANF Work Program purposes, Substantial Rehabilitation is defined as an individual who has a condition(s) that will require major rehabilitation or treatment over an extended period of time. This definition is to be used in conjunction with the definition of Long Term.
Substitute Care - Care provided in a child care facility or by a provider other than the primary facility or provider listed on a child care plan.
Support Services (TANF) - Support services are available to TANF applicants and recipients who are actively participating with Employment Services. These services help with individual barriers and can be used for expenses related to work program participation.
TANF Child Care - TANF Child Care is used when any member of the nuclear family receives TANF. This category may be used for Tribal TANF participants.
Temporary Permit - Authorization issued at the discretion of KDHE to operate a licensed child care facility for a period not to exceed 90 days following receipt of an initial application for license. Facilities operating under a temporary license are not eligible to enroll as a DCF provider due to unmet CCDF Health and Safety requirements.
Terminated Plan - A child care plan which has been closed when care is no longer desired, or when a family becomes ineligible for services .
Depending upon the specific circumstances, timely and adequate notice may be required.
Tests of Adult Basic Education (TABE) - A comprehensive and reliable academic assessment used to provide a solid foundation for effectively assessing the skills and knowledge of adult learners. Part of this assessment system may be administered by trained EES staff or by contracting out to other community agencies.
EES staff use this information to assist in assigning participants to the most appropriate program component.
Thrifty Food Plan - The thrifty food plan means the diet required to feed a family of four persons consisting of a man and a woman 20 through 50, a child 6 through 8, and a child 9 through 11 years of age, as determined by the U.S. Department of Agriculture. The cost of this diet is the basis for uniform food assistance allotments for all households regardless of their actual composition.
Time-Limited Assistance (TANF) - There is a 24-month time limit to receive TANF cash assistance if they do not meet hardship criteria. TANF cash assistance received in another state or from tribes is included in the countable months.
Up to 36 months of TANF cash assistance may be provided in cases that meet hardship requirements.
Toddler - A child between 12 and 35 months of age.
Training - An agency approved instructional program, including undergraduate college, vocational program, or publicly funded training program with an identifiable occupational goal for which there is an employment demand.
Training Plan - Documentation of agency approval for an individual’s involvement in education or training activities based upon individual needs and standards set by the educational training facility.
Transitional Services (TANF) - Individuals may qualify for support services, which include transportation and Special Services Allowance, as well as costs for education, job skills training, and vocational education activities. They can also receive contracted employment services for up to 12 months after losing TANF cash assistance.
Tribal TANF - Native Americans who are Tribal TANF recipients participating in Work Programs. Child care for Tribal TANF participants may be provided through the TANF child care subtype.
Unavailable Child Care - Child care cannot be found after contacting the local resource and referral agency and county health department. In addition, no relatives willing to provide out-of-home or in-home care are available.
Validation - Validation is the report made by DCF to KDHE to verify that a person whose name has been screened has been entered in the CAN Central Registry as a perpetrator of child abuse, neglect, or sexual abuse.
Vendor Payment System - A statewide electronic payment system to pay vendors for services provided.
Waiting List - Following a determination of eligibility for child care services, if no funding currently exists to provide the services, eligible families will be placed on a waiting list until funding becomes available.
Work Incentive Payment (TANF) - This payment helps clients maintain employment when TANF closes due to excess earned income. This payment can be issued for five (5) consecutive months and will be counted in the 24-month TANF lifetime limit.
Work Opportunity Tax Credit (WOTC) - A federal initiative administered jointly by the Departments of Treasury and Labor. The purpose of the tax credit is to promote the hiring of disadvantaged unemployed individuals.
Workforce Investment Act (WIA) - This legislation reforms Federal job training programs and creates a new, comprehensive workforce investment system. This reformed system is intended to be customer-focused, to help Americans access the tools they need to manage their careers through information and high-quality services, and to help U.S. companies find skilled workers.
Work Program (TANF) - This program is designed to strengthen families and remove barriers to employment.
Kansas Department of Social and Rehabilitation Services Don Jordan, Secretary Integrated Service Delivery - Candy Shively, Deputy Secretary (785) 296-3271 Economic and Employment Support - Bobbi Mariani, Director (785) 296-3349 ....Enriching lives today and tomorrow TO: EES Field Administrators Regional Directors EES Central Office HealthWave Clearinghouse DATE: March 26, 2008 FROM: Bobbi Mariani Andy Allison RE: Implementation Instructions for TAF Earned Income Disregard, Effective May 1, 2008. Description and Reason for Proposed Policy Change: The TAF Work Incentive Enhancement is an increase of the TAF earnings disregard from 40% to 60% for low income families. It will provide transitional assistance when a family member gains employment in the form of a reduced benefit for the first several months of employment. Research has shown the first six months of successful employment is critical to job retention. The continued TAF benefit along with the earnings disregard will provide an incentive to maintain employment. Once full time employment is reached most families lose TAF assistance and cannot be counted in the Work Participation rate. The Deficit Reduction Act of 2005 mandates that all states meet work participation rates. Current processes limit our ability to count employment successes in the work participation rate. This revision will benefit both the TAF customer and the State of Kansas. We are not meeting the participation rate of 50% because we have been successful in moving families off cash assistance. By helping families transition successfully off of the TAF program, we can include those successes in the participation rate. The Work Incentive will help meet the required work participation rate. Implementation Instructions: The Work Incentive Enhancement policy will be incorporated in KEESM revision 35, effective 5/1/08. Applications – The new policy is effective for applications processed for the benefit month of May 2008. Ongoing cases – The following provides implementation information for ongoing cases: Prior to rollover in March, the TAF Calculation table will be changed to reflect an earned income disregard of 60% instead of 40% for May 1, 2008. Then, effective with March rollover, TAF cases with earned income will be identified and automatically allowed the 60% disregard when the cases are processed for May. Mass Change notices will be mailed informing the customer of May 2008 changes. The Mass Change Detail report MR330 (SWM03828-B59) will be available on March 31, 2008 for review of any cases that fail to authorize. Any change made for the TAF benefit month of May 2008 and subsequent months will receive the 60% disregard. See Case Example 1 for an explanation of this process. If the benefit month in KAECSES is greater than May 2008, staff will need to manually re-process May 2008 benefits after March 28th, 2008. If this occurs, wording on the notice might include the following: “This increase in your cash benefit may be the result of an increase in the earnings disregard effective May 1, 2008”. There will be an impact on the child care program and the food stamp program: As families remain eligible for TAF benefits for a longer period of time, they will also remain eligible for JO Child Care. Food Stamp benefits will decrease as the TAF benefit increases and continues. Generally, a $3.00 increase in income will reduce Food Stamp benefits by $1.00. For example, a $30.00 TAF increase will decrease Food Stamps by $10.00. MEDICAL IMPACT The increased earned income disregard will not be applicable for the Caretaker Medical program. For MA CM, the disregard will remain 40%. Prior to implementation of the 60% disregard, MA CM and TAF financial eligibility policies have been aligned to ensure that cases eligible for TAF were also eligible for MA CM. Beginning with determinations for the benefit month of May 2008, a TAF approval will no longer satisfy the medical assistance financial eligibility requirements for cases with earned income. Because a TAF financial determination has been used to satisfy the financial requirements of MA CM, staff have not been required to complete a separate determination for MA CM when an individual was found eligible for TAF. In addition, a new MA CM determination has not been necessary for ongoing Clearinghouse (CH) cases for individuals who continue to receive TAF. In most situations, families who are eligible for TAF assistance will also be eligible for MA CM. However, beginning with the benefit month of May 2008 a separate MA CM determination must be completed for cases with earned income. In addition, policy which establishes TransMed and Extended Medical eligibility are also being modified. Current policy allows a customer to receive TransMed coverage when earnings exceed MACM/TAF standards (or Extended Medical when child or spousal support exceeds MACM/TAF standards) and there is a household member who has received MACM or TAF in three of the last six months. Effective with benefit month May 2008, TransMed and Extended Medical may only be established if a household member has received MACM in three of the last six months. The Clearinghouse is responsible for processing all TransMed and Extended Medical cases. While SRS staff are not responsible for determining eligibility for these programs, it is necessary to identify the potential for TransMed when MACM eligibility is denied for excess income. The potential for TransMed exists if a household exceeds MACM due to earnings and includes at least one household member who has received MACM in three of the last six months. See Attachment D: TransMed desk guide for additional information about the TransMed program. A. MA CM FOR CASES WITH TAF A request for TAF is still considered a request for medical. Current TAF recipients with no income or unearned income only continue to meet financial eligibility criteria for MA CM. Current policy and processes, as outlined in KHPA Policy Memo 2008-02-01 continue to apply. However, for cases with earned income, TAF recipients do not automatically qualify for MACM coverage. This change will require staff to complete a separate determination for MA CM coverage for all TAF approvals with earnings. Eligibility for MACM continues to be determined off-KAECSES using a Microsoft Excel document that calculates eligibility using the 40% disregard. The MACM electronic worksheet is the tool that is used to calculate eligibility for MACM coverage. As a way to simplify the process of reporting changes to the HealthWave Clearinghouse, a new tool has been created that combines the MACM electronic worksheet with a report form to notify the Clearinghouse staff of the type of change that has occurred. The MACM electronic worksheet is available in the KEESM appendix as item W-6. The new tool, the TAF Change Form is available in the KEESM appendix as item W-11 with instructions found at W-11A. Important: Every application must be reviewed for prior medical requests. Applicants must be notified of the outcome of their request for prior medical assistance, whether approved or denied. Eligibility for MACM in a prior medical month allows the use of the 40% earnings disregard for the remaining prior medical months and the application month. B. COMMUNICATION BETWEEN SRS STAFF AND THE CLEARINGHOUSE Since a request for TAF is a request for medical, but TAF eligibility no longer automatically meets the financial requirements of MACM, communication between local SRS staff and the Clearinghouse is more important than ever. Both SRS and the Clearinghouse may be requesting the same or similar information from the customer to process different requests. If information is provided to one agency, it shall be copied and forwarded to the other agency if the customer requests this. Some changes previously reported on the HW-Info form will now be reported on the TAF Change Form. These include: TAF case opening (including reinstatements) TAF review completed TAF case closing Add Person/Remove Person – which is defined on the new form as ‘Household Change’ With this policy change, there are additional TAF changes which must be reported to the Clearinghouse. These include: Change in Income Potential TransMed Only the top portion of the TAF Change form will be completed if there is no income or if only unearned income is being budgeted for TAF. Both the top & bottom portions of the TAF Change form will be completed when earned income is being considered. If the earnings are different from one month to another, separate TAF Change forms will be needed for each month. Please specify the month of eligibility on the TAF Change Form. If it is later discovered that a customer was approved for TAF but medical assistance was not considered, the medical must be processed immediately. C. TAF APPLICATIONS The 40% earnings disregard will only apply to medical applicants with earnings who have also correctly received MA CM in one of the last four months. When a TAF application is received by SRS, the following procedures are applicable to the MA CM determination, depending on the presence of an open medical case at the Clearinghouse. 1. TAF Application with open medical at the CH: SRS Staff actions:* SRS staff do not process the MACM request if a medical case is already open at the Clearinghouse. Send a copy of the entire application with all supporting documentation to the Clearinghouse within 5 business days from the application date Complete the TAF Change Form and attach this to the copied application. If income has been provided, complete the worksheet portion of the form. If income is not yet known, the worksheet portion of the form is not required. Email the form to the Clearinghouse at HW-Info@khpa.ks.gov Complete the TAF determination. Update the TAF Change Form with the income if TAF application is approved. Email updated form for TAF approvals to the Clearinghouse at HW-Info@khpa.ks.gov within 5 business days of the TAF determination. *With the exception of the income worksheet (bullet number 4) there is no change to the current policy and procedure. (Instructions included in KEESM Implementation memo, July 2006) Clearinghouse Staff actions: Identify impact on medical program. Impacts might include a change in household members, change in income, or address. Eligibility may be determined with income provided directly by the customer with the income reported on the TAF Change Form depending on when the actions occur. Do not hold the application while waiting for the results of the TAF determination. Proceed with processing following standard application procedures. See Case Examples 2 and 3 for guidance on the variety of situations which occur when processing a TAF application with an open medical case at the Clearinghouse. 2. TAF Application with no open medical: Complete the TAF determination. Complete the TAF Change Form with the income used (no requirement to attach income verification) for the TAF determination. Consider request for prior medical assistance. If eligible for MACM, approve coverage on a separate case number. If ineligible for MACM, determine eligibility for MP or MA Spenddown and then determine if a potential for TransMed eligibility exists. To determine a potential for TransMed: SRS staff shall research KAECSES to determine if a household member has received MA CM in three of the last six months. If yes, Send a copy of the entire application and all supporting documentation to the Clearinghouse with the completed TAF Change Form attached. Email the TAF Change Form to the Clearinghouse at HW-Info@khpa.ks.gov CARC and transfer the case file to the Clearinghouse. Attach the Transfer Check-list. See Case Examples 4, 5, and 6 for guidance on the variety of situations which occur when processing a TAF application with no open medical case at the Clearinghouse. Note: It is critical when sending a potential TransMed application to the Clearinghouse for review that it is sent separately from any case file being transferred to the Clearinghouse. For instance, MP may be approved at the same time SRS staff determine there is a potential for TransMed. The case file transfer and the TAF Change Form identifying the potential MAWT must be routed to the Clearinghouse separately. The simplest method to ensure this separation is to send the TAF Change Form to the Clearinghouse via e-mail to HW-Info@khpa.ks.gov and transfer the MP file through standard methods. D. TAF REVIEWS: The 40% earnings disregard applies only to recipients with reported earnings who have also correctly received MA CM in one of the last four months. At the time of the TAF review, medical assistance may be open under MA CM, MA WT, MP, or the family may have no coverage at all. When a TAF review is received by SRS, the following procedures are applicable to the MA CM determination, depending on the presence of an open medical case at the Clearinghouse. 1. TAF Review with open medical at the CH: SRS Staff actions: Complete the TAF determination. Complete the TAF Change Form with the income used for the TAF determination. Regardless of the outcome of the worksheet, email the form to the Clearinghouse at HW-Info@khpa.ks.gov It is not necessary to attach income verification. Clearinghouse staff actions upon receipt of the TAF Change Form: If recipient is eligible for MA CM, authorize coverage for an additional 12 months. If recipient exceeds MA CM income guidelines, determine eligibility for TransMed. If ineligible for TransMed, determine eligibility for MP. See Case Example 7 for an example which may occur when processing a TAF review with an open medical case at the Clearinghouse. 2. TAF Review with no open medical: Complete the TAF determination. Complete the TAF Change Form with the income used (no requirement to attach income verification) for the TAF determination. Consider a request for prior medical assistance. If eligible for MACM, approve coverage on a separate case number. If ineligible for MACM, determine eligibility for MP or MA Spenddown and then determine if a potential for TransMed eligibility exists. To determine a potential for TransMed: SRS staff shall research KAECSES to determine if a household member has received MA CM in three of the last six months. If yes, Send a copy of the entire application and all supporting documentation to the Clearinghouse with the completed TAF Change Form attached. Email the TAF Change Form to the Clearinghouse at HW-Info@khpa.ks.gov CARC and transfer the case file to the Clearinghouse. Attach the Transfer Check-list. See Case Example 8 for an example which may occur when processing a TAF review with no open medical case at the Clearinghouse. E. REPORTING CHANGES Changes reported for TAF may also impact the open medical case maintained at the Clearinghouse. The HW-Info form will continue to be the tool used to report changes, other than those listed on the TAF Change Form as outlined above. All changes continue to be reported to the Clearinghouse by e-mailing the appropriate form to HW-Info@khpa.ks.gov 1. CHANGE IN INCOME: The 40% earnings disregard applies to recipients with earnings who report a change in the amount of income. Change in income on a TAF program will only affect medical coverage if the family is open on the MACM program. SRS Staff actions: Research KAECSES to determine if any medical programs are open at the Clearinghouse. If open MACM, complete the TAF Change Form with the new income reported. If the recipient exceeds MA CM income guidelines, email the form to HW-Info@khpa.ks.gov Send the form to the Clearinghouse when the following occurs: There is an open MACM New income exceeds MACM income guidelines Clearinghouse staff actions: Determine eligibility for TransMed. See Case Example 9 for an example which may occur when a change in income is reported. 2. HOUSEHOLD CHANGE: When a household change occurs for a family who has reported earnings, the change must be reviewed for the impact on medical coverage. Household changes may affect who is eligible to receive coverage, the need standard applied by a change to the county of residence, shared/non-shared living arrangement or by bringing in additional household income. SRS Staff actions: Research KAECSES to determine if any medical programs are open at the Clearinghouse. If open MACM, complete the TAF Change Form with the new household change reported. Email the form to HW-Info@khpa.ks.gov Clearinghouse staff actions: Determine eligibility for TransMed, Remove applicable person who is no longer residing in the home, or Add applicable person who has been added to the TAF program. See Case Example 10 for an example which may occur when a household change is reported. F. MACM PROCESSING AT THE CLEARINGHOUSE The 40% earnings disregard will only apply to medical applicants with earnings who have also correctly received MA CM in one of the last four months. When a TAF case exists, the income used in the TAF determination, as documented on KAECSES screen AFNN shall be used to determine MACM eligibility. If the applicant has provided additional income with the application, this shall only be used if it appears to differ from that which was reported for TAF. In addition, income provided by the applicant shall also be used to determine ongoing MACM eligibility if the reported income represents a change. If eligible for MACM based on a TAF determination, MACM coverage shall be provided retroactively to the first month of TAF eligibility. The review period shall be established for twelve months from the first TAF month. G. CHANGES TO TRANSMED AND EXTENDED MED Prior to implementing this change, TransMed and Extended Med eligibility has been based on the receipt of TAF or MACM in the last six months. With this policy change, TAF months will no longer establish TransMed and Extended Med eligibility. The customer must have three MACM months in the last six months to qualify for these programs. TransMed has also been viewed as a transitional program that assists customers by providing medical coverage as they transition off of cash assistance. However, with the implementation of this policy change, the TransMed program will be only for individuals transitioning off of MA CM coverage. Customers may be on TransMed and TAF simultaneously. H. NOTICE REQUIREMENTS No new KAECSES notices have been identified as a result of this policy change. Reminder: Appropriate notices are required for all case actions. For example, when denying the MACM program, a separate MACM denial is required. This is the expectation even if TAF is also being denied, or MP is being approved. I. CLOSING The addition of the citizenship and identity requirement in July 2006 for MACM recipients was the first time TAF recipients were not automatically eligible for MACM. This was a significant transition for staff and customers as all were accustomed to cash and medical benefits being received simultaneously. The work incentive change further emphasizes the difference in the TAF and MACM program rules. TAF recipients are not guaranteed medical coverage, and also may not receive the transitional medical coverage that has historically been given as a support to those losing TAF assistance due to earnings. It is important to understand these philosophical shifts in order to provide the necessary education to TAF recipients as they adjust to this policy change. It is our goal to implement this change smoothly with a relatively high degree of accuracy. To do so will require ongoing communication between SRS staff making TAF determinations and the HealthWave Clearinghouse responsible for the medical determinations. Communication between SRS staff and Clearinghouse staff is encouraged to improve accurate and prompt benefit delivery. If you have any questions about the material included in this memo, please contact: Allison Blackwell Family Medical Policy Manager, KHPA (785) 291-3881 Allison.Blackwell@khpa.ks.gov Or Judy Kennedy TAF Program Manger, SRS (785) 296-2968 Judy.Kennedy@srs.ks.gov Questions regarding any KAECSES issues are directed to the SRS Business Help Desk at helpdeskbusiness@srs.ks.gov . Attachments: Attachment A: Case Examples(pdf) Attachment B: Instructions for completing the TAF Change Form(pdf) Attachment C: TAF Change Form (separate Excel file) Attachment D: TransMed desk guide (separate Word file) Attachment E: SRS Desk Guide for TAF Applications with open medical (separate Word file) Attachment F: SRS Desk Guide for TAF Reviews with open medical (separate Word file) Attachment G: SRS Desk Guide for TAF Applications and Reviews with no medical (separate Word file) Attachment H: SRS Desk Guide for TAF cases with a change in income (separate Word file) Attachment I: SRS Desk Guide for TAF cases with a change in household (separate Word file)
M E M O R A N D U M TO: EES Program Administrators, All Asst. Regional Directors, EES Staff FROM: Sandra Kimmons DATE: 5/19/21 SUBJECT: Implementation Instructions for Child Care Changes Effective July 1, 2021 Child Care Effective July 1, 2021, income eligibility for the child care assistance program is being expanded to include families with incomes up to 250% of the Federal Poverty Level. The new guidelines will be used in all eligibility determinations for months beginning with July 2021. In addition, family share deductions are being changed to zero for families with incomes less than 100% of the Federal poverty level and are being reduced for all other income eligible families. A mass change is being run in KEES to implement the new eligibility guidelines, and the system will use the new guidelines to determine eligibility and family share deduction amounts for all months beginning with July of 2021. New family plans and notices will be generated and sent to all affected families. As with annual poverty level adjustments, programs that have an overridden EDBC will not be updated by the batch process. The overridden family plans will be updated manually by staff in the FC-CC unit. It is important to note that for regular income eligible Child Care, federal guidelines state that income limits cannot exceed 85% of the State Median Income (SMI). Due to that limitation, the maximum allowable income for households size seven and larger is less than 250% of the FPL. Those income levels are noted with an asterisk on the F-1 Monthly Family Income and Share Deduction Schedule for Child Care Services Set Up Schedule. Timeline of Events: 5/15: KEES has been updated with the table changes effective 7/1/2021. The changes will not affect Family Shares already attached to existing Family Plans. This will occur with the federal poverty guideline batch process. New plans written after this date will reflect the new amounts. 5/20: Come-up Month becomes available. Any cases processed for July benefits will have the table changes applied. The weekend of 5/21: Family Plan Income Limits – Active family plans, recalculate family plan, EDBC and send appropriate notices. The changes in family share deductions will be made with this batch. Overridden Family Plans will be skipped for each month that is overridden. EDBC will run and a NOA will be sent. 5/24: Regular Child Care EDBC – Run any Child Care program that has not yet had July EDBC ran. These changes will not impact eligibility for The Hero Relief Program since the program already uses the 250% FPL income limit for initial eligibility and these cases already have zero family share deductions applied. However, beginning July 1, 2021, families approved for Child Care assistance through the Hero Relief program will be approved for 12 month eligibility periods. A new policy memo is being issued for the Hero Relief Program and can be found at the link below. Applications for Child Care assistance must continue to be screened for eligibility for The Hero Relief Program. It is important to remember that there are still differences between the Hero Relief Program and regular income eligible Child Care Assistance. The differences are the requirement that one adult in the household meet the definition of an essential worker, and the Hero relief program uses the social service need reason for which resource limits and family share deductions do not apply. In addition, the maximum allowable income limits for families of seven or more do exceed 85% of SMI for the Hero Relief Program. Attachments: F-1 Monthly Family Income and Share Deduction Schedule for Child Care Services Set Up Schedule W-14 Social Service - Essential Function 250% FPL Worksheet KEESM Home Page Last Updated: 7/1/21 9:14 AM
M E M O R A N D U M TO: EES Program Administrators FROM: Dr. Carla Whiteside-Hicks DATE: March 19, 2026 SUBJECT: Implementation Instructions for Child Care Poverty Level Changes Effective May 1, 2026 Child Care Poverty Level Changes - This year, the monthly gross income amounts will be updated on the Child Care Family Income and Share Schedule to reflect changes in the federal poverty guidelines and the state median income levels effective May 1, 2026 . The tables will be updated overnight on March 21, 2026, and the changes are effective for the benefit month of May 2026. KEES will look at all active Child Care programs, recalculate their Family Plans with a Type of ‘FP’ and Change Reason of ‘Other Change Reason’, and run EDBC for the Come-Up Month. These actions mimic those of a caseworker–NOAs and Family Plans will go out based on EDBC results. With this adjustment to the poverty levels, income limits are increasing and family share deductions are also being adjusted. For households with income less than 185% of the federal poverty level for their household size, family share deductions will be set at 3% of the lowest net income in each income group, unless the family’s income is less than 100% of the federal poverty level for their household size, for which the family share deduction will be $0. (This is the same formula that has been used since July 2021.) For households with income above 185% of the federal poverty level for their household size, family share deductions will be set at 5% of the lowest net income. These new family share deductions will be applied to all new child care plans beginning May 1, 2026, or after. Per KEESM 7541 , family share deductions for ongoing cases will not increase during the current guaranteed eligibility period. Timeline of Events: March 21, 2026: KEES will be updated with the table changes effective May 1, 2026. Note: The changes will not affect Family Share Deductions already attached to existing Family Plans. This will occur with the federal poverty guideline batch process. New plans written after this date will reflect the new amounts. The weekend of March 28, 2026: For all active family plans, a batch will update family plan income limits, recalculate the family plan, run EDBC, and send appropriate notices. KEES will prevent family share deductions from increasing before the end of an existing guaranteed eligibility period. Overridden Family Plans will be skipped for each month that is overridden. EDBC will run, and a NOA will be sent. April 15, 2026: Regular Child Care EDBC – Run any Child Care program that has not yet had May EDBC run. KEESM Home Page Last Updated: 4/6/26 10:54 AM
Successful Families Program - The Successful Families Program provides three types of assistance funded by the federal TANF Block Grant authorized by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) :
Cash Assistance - known as Temporary Assistance for Needy Families (TANF), including the Work Incentive payment and the Grandparents as Caregivers (GPCG) program. Cash – Monthly TANF benefit. Monies from the TANF benefit are to be utilized for shelter, utilities, school and other expenses to meet the basic living needs of TANF recipients. Work Incentive Payment - This payment is designed for those cases where ineligibility for TANF exists due to excess income when earned income is involved. This payment will assist clients in maintaining employment and can be issued for five consecutive months beginning the first month of ineligibility following a benefit eligible month. This payment is a TANF benefit, and will be counted in the 24-month time limit. The benefit is per household, not per individual. There is no limit to the number of times a household can qualify for the five month Work Incentive payment. If TANF eligibility is regained during one of the five months of the Work Incentive payment, the Work Incentive counter is reset to month one and the case is eligible for an additional five months of the Work Incentive payment. The Work Incentive payment is not available when TANF ineligibility is due to the income of a family member who is not in the cash assistance plan (Coded FRE). Grandparents as Caregivers (GPCG) - Formerly known as the TANF relative caregivers program, it is a cash assistance program. The GPCG program is funded by the TANF Block Grant. It gives financial assistance to grandparents or other qualifying relatives raising children, if certain eligibility requirements are met including income and resource guidelines. Income and resource guidelines only apply to the child(ren). Grandparents or other qualifying relatives do not have to provide verification of their own income or resources. The following rules differentiate GPCG from the TANF program: a request for cash is not an automatic request for medical assistance; there is no time limit to receive benefits; GPCG may be reviewed every two years; and there are no work related requirements. NOTE: TANF eligibility rules are to be applied to the Work Incentive and Grandparents as Caregivers programs unless specifically excluded in KEESM. TANF Employment Services - designed to strengthen families and remove barriers to employment; TANF Employment Support Services - for work, as well as training and education.
Refer to 2000 and 3000 for more specific information on TANF and Employment Services available in the Successful Families Program.
1112 Supplemental Nutrition Assistance Program - The Supplemental Nutrition Assistance Program (SNAP) is designed to promote the general welfare and to safeguard the health and well-being of the nation's population by raising the levels of nutrition among low-income households by supplementing food budgets and providing nutrition education. That program includes as a purpose to assist low-income adults in obtaining employment and increasing their earnings. Such employment and earnings, along with program benefits, will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation. The Program was formerly called the Food Stamp Program until the Program was reauthorized by Public Law 110-246, the Food, Conservation and Energy Act of 2008. The Food Stamp Act of 1977 is now called the Food and Nutrition Act of 2008.
In Kansas, the program is called the Food Assistance Program. Benefits of the Food Assistance Program are 100% federally funded.
1113 Reserved
1114 Child Care (CC) - The primary goals of the Child Care program are to promote family economic self-sufficiency and to help children succeed in school and in life through affordable, high-quality early care and education and after school programs.
A quality initiative using Head Start and Early Head Start sites began in State Fiscal Year 1999. Infants, toddlers and preschoolers are determined eligible by the Early Head Start/Head Start agencies for full-day, full year services. Child care subsidy is only utilized in certain circumstances. See 10021.1 (8). Coordination will be necessary between the local DCF offices and the EHS/HS agencies. See 1728 .
The Child Care Program pools funding from the following funding streams: State funds, Child Care and Development Fund (CCDF) Federal funds, Social Services Block Grant Transfer funds, TANF Transfer funds into CCDF and direct TANF spending.
1115 Reserved
1116 SUN Bucks - Sun BUCKS is an assistance program that helps eligible families with school-aged children pay for groceries during the summer months when children are not receiving Free or Reduced School Lunch (FRSL) at school . This benefit is distributed with a single annual issuance.
1117 Low Income Energy Assistance Program (LIEAP) - The LIEAP program is 100% federally funded and provides a supplemental payment to eligible low income households for the purpose of assisting them in meeting their heating and/or cooling energy costs. The type and amount of assistance will vary from year to year according to the amount of federal funding which supports the program.
1118 Lump Sum Non-Recurrent Diversion Payment - The $1,000.00 Lump Sum Non-Recurrent Diversion Payment is available to first time adult TANF applicants. It is designed to help TANF eligible adults with dependent children when there is a crisis or emergency hardship that would endanger their ability to remain employed or to accept an offer of employment. The Diversion Payment is an option for families applying for TANF benefits to meet immediate short term needs. To be eligible:
No household members can have received TANF benefits as an adult or emancipated minor in Kansas or any other state,
Adults in the family cannot be receiving SSI or be ineligible non-citizens.
The family may not have received a diversion payment in the past.
At least one adult in the household must have employment or have a valid offer of employment.
The family TANF benefit for a one year period cannot be less than $1,000.00. A working family who qualifies for $82.00 or less a month in TANF benefits would not be eligible.
The family must have a documented crisis or emergency that will jeopardize existing employment (including established self–employment) or prevent the family from accepting a valid offer of employment.
Applicants who accept the Diversion Payment option will remain ineligible for TANF benefits for one calendar year following the receipt of the lump sum payment. Adult recipients of the Diversion payment and the Mandatory Filing Units ( MFU) they are associated with will have their Life-Time Limit for TANF benefits reduced by six months in the state of Kansas. The Diversion payment program will be based on need. All needs must be documented. Examples of emergency hardships or crisis would include but are not limited to car repairs, clothing for employment, tools for employment, moving expenses to relocate for employment, eviction notices, utility shut-off notices, or hardships created when mothers go on unpaid maternity leave. The family must provide proof of need and the $1000.00 payment must meet the entire need. For example, if the family owed back rent of $2000.00, they would not qualify for the diversion payment. Upon opting for the one-time diversion payment all adults and any MFU they are associated with would become ineligible for TANF benefits for the period of one year. All adults in the MFU are required to sign a disclaimer attesting to the fact they have been informed of, understand and accept the conditions of the Diversion Payment as explained in the disclaimer.
1121 Basis of Programs and Policies - The Secretary of the Department for Children and Families has the responsibility to develop state plans for furnishing assistance and services to eligible individuals and to determine the general policies relating to all forms of social welfare which are administered by the Kansas Department for Children and Families. The Kansas programs are independent from programs administered in other states unless otherwise stated in this manual. An application for assistance in Kansas shall be treated as a new application.
Therefore, a new determination of eligibility rendered by another state shall not, in and of itself, affect eligibility in Kansas.
Policies set forth in this manual are based upon various federal and state statutes and administrative regulations. The following citations provide an overview of the primary statutory and regulatory references on which the programs are based.
TANF
- The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193).
- 42 United States Code Annotated (U.S.C.A.), Subsection 602, et seq.
- 45 Code of Federal Regulations (C.F.R.), Parts 200 - 240
- Kansas Statutes Annotated (K.S.A.), 39-708c, 39-709(a)(b)(c)
- Kansas Administrative Regulations (K.A.R.), Chapter 30, Article 4
- Food and Nutrition Act of 2008, as amended
- 7 Code of Federal Regulations (C.F.R.), Parts 271 - 285
- Section 418 of the Social Security Act
- Amendment to the Child Care and Development Block Grant Act
- The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193).
- 45 Code of Federal Regulations Parts 98 & 99
- Child Care Licensing Laws and Regulations
- Kansas Statutes Annotated (K.S.A.) 38-142
- 42 Code of Federal Regulations (C.F.R.), Part 205
- Kansas Statutes Annotated (K.S.A.), 75-3306
- Kansas Administrative Regulations (K.A.R.), Chapter 30, Article 7 and Chapter 129, Article 7 - for Medical Only
- Kansas Statutes Annotated (K.S.A.), 39-709b
- Kansas Administrative Regulations (K.A.R.), Chapter 30, Articles 2-11
This manual has been developed to implement the policies set forth in the above-mentioned statutes and administrative regulations. Thus, the provisions of the manual are to be followed by program staff when determining eligibility of applicants or recipients for assistance in accordance with K.A.R. Chapter 30, Article 2.
Providing assistance is a continuing and comprehensive process, embracing all parts of the administration of the welfare program. All of the steps or parts of the process are interrelated and must be planned for, and ultimately judged, in terms of the effectiveness of the complete administration.
1131 Staffing Standards - To meet requirements outlined under the Kansas Civil Service System, local agency employees shall perform the interviews as required in 1412 . Volunteers and other nonagency employees shall not conduct certification interviews to certify applicants, with the exception of SSI households certified under 1417 . Volunteers may be used in related activities such as outreach or assisting applicants in completing the application, other prescreening activities, and securing needed verification. Individuals and organizations who are parties to a strike or lockout and their facilities may not be used in the certification process except as a source of verification for information supplied by the applicant.
1132 Divisions of Responsibility - In order to safeguard certification and issuance records from unauthorized creation or tampering, the Economic and Employment Support Commission has established an organizational structure which divides the responsibility for eligibility determinations and benefit issuance between certification and issuance units.
1132.1 The Certifying Unit - The certification unit shall be responsible for the determination of eligibility and the creation of records and to authorize the issuance of benefits.
1132.2 The Issuance Unit - The issuance unit shall provide certified households with the Kansas Benefits Card to access cash and food assistance benefits. In cases where personnel are periodically, or on a part-time basis, shifted from one unit to another, supervisory control should be sufficient to assure that the unauthorized creation or modification of case records is not possible.
1133 Requirements for Participating State Agencies - (Food Assistance Program Only)
1133.1 Benefits as Income - The food assistance benefit provided any eligible household shall not be considered income or resources for any purpose under any federal, state, or local laws including, but not limited to, laws on taxation, welfare, and public assistance programs.
1133.2 No Aid Reduction - No participating agency shall decrease any assistance otherwise provided an individual or individuals because of the receipt of food assistance benefits.
1133.3 No Sales Tax on Food Assistance Purchases - State and local sales taxes shall not be collected on eligible food purchases made with food assistance benefits. NOTE: Even though sales tax cannot be collected on eligible food purchases made with food assistance benefits, sales tax will be collected on the value of coupons used when making food assistance purchases. For example, a $1.00 coupon is used while purchasing food with food assistance. The $1.00 will be taxed and the client will have to pay sales tax on $1.00.
1134 Data Collection of Racial/Ethnic Categories - The worker will request applicants to voluntarily identify their racial or ethnic status on the application form and shall inform the applicant(s) that this designation shall not affect their eligibility or benefit level.
When the information is not voluntarily provided by the household on the application, the worker must ask the applicant to identify their racial/ethnic origin during the interview (see 1412.4 ). However, the following stipulations are necessary when the self-identification process is used in either the application process or the interview:
Applicants shall be assured by the worker that information is used for statistical purposes only in determining if the program is administered without discrimination. Racial/ethnic data shall have no effect on an applicant's eligibility to participate and it will not be used for discriminatory purposes.
The applicant shall be advised that the information is used to ensure that benefits are available to all eligible persons regardless of race, color, or national origin.
Applicants shall be advised that the information given will be confidential and, should they decide not to provide this information, such a decision will not have an adverse effect on determining their eligibility.
1210 Rights and Responsibilities
1211 Rights of the Applicant/Recipient
1211.1 Right to Make Application - An individual shall have the right to make application regardless of any question of eligibility or agency responsibility. The right of an individual to make application may not be abridged.
1211.2 Right to Designate an Authorized Representative - The household has the right to designate an authorized representative.
1211.3 Right to Information - A client has the right to be provided with information concerning the types of assistance which are provided by the agency. Upon request, the agency shall furnish the client with informational pamphlets and will explain to him the categories of assistance for which he may be eligible and the eligibility factors for same.
If the applicant is applying for TANF, the applicant has the right to know that the time limits of those programs do not apply to the receipt of food assistance benefits. In addition, for those that have been terminated from receiving TANF benefits because they have reached a time limit, begun working, or for other reasons have the right to know that they may still qualify for food assistance benefits.
1211.4 Right to a Private Interview - A client has the right to a private interview whenever he/she is discussing his/her individual situation with the agency.
1211.5 Right to Receive a Prompt Decision - A client has the right to have a timely decision rendered on his/her application. See 1413 . A recipient has the right to a decision rendered on any other formal request (such as a request for services or for information) within 30 days of its receipt by the agency.
1211.6 Right to Restored Benefits - If the client has been wrongfully delayed, denied, or terminated, he/she is due restored benefits.
1211.7 Right to Correct Amount of Assistance - The client, if eligible, shall be entitled to the correct amount of assistance (including support services) based upon budgetary standards or allowances in accordance with agency policies.
1211.8 Right to Equal Treatment - All clients have a right to equal treatment in similar circumstances and no person shall be denied benefits or be subject to discrimination on the basis of race, color, or national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. The client has the right to file a discrimination complaint with either the Federal or the State agency.
1211.9 Right to A Fair Hearing - A client has the right to request a fair hearing on any agency decision or lack of action in regard to his application for or receipt of assistance.
1211.10 Right to Withdraw from the Program - An applicant has the right to withdraw his application at any time between the date the application is signed and the date the notice of the agency decision is mailed. A recipient may withdraw from a program at any time.
1211.11 Right to an Individual Determination of Eligibility for Assistance - A client shall be given an opportunity to present his request and to explain his situation.
1211.12 Right to Written Notification of Action - A client has the right to a written notification of agency action concerning his eligibility for assistance.
1211.13 Right to Examine Case File - Upon request written from a responsible member of the household or its authorized representative, the clients may review their case file. However, the agency may withhold confidential information. Refer to 1224 .
1212 Responsibilities of Applicant/Recipient
1212.1 Responsibility to Submit Identifiable Application - The applicant shall submit an application containing a legible name and address (unless homeless). An application must also be signed to be complete.
1212.2 Responsibility to Supply Information - A client has the responsibility to supply, insofar as able, information essential to the establishment of eligibility. Information received in the office through a drop box, mail slot or other such manner at the opening of the business day will be considered as received that business day (see 1321 (6) ). Information which is received during business hours as a fax or copy, but is required in original form, shall be considered as received when the fax/copy arrives in the office provided the original document arrives in a timely manner as determined at the local level. In general, a fax or copy of a document shall be acceptable without requiring an original (including an application, review, or interim report/12-month report form). However, an original document shall be required for establishing age, identity and citizenship and alienage status, and when determined to be necessary based on prudent person judgment. Information received by fax or e-mail outside of normal business hours shall be considered as received the following business day.
The client also has the responsibility to supply, insofar, as they are able, information essential to work program participation and the establishment of a self-sufficiency plan. For Food Assistance, clients have the responsibility to report all expenses and failure to report an expense results in the loss of the household's entitlement to the corresponding deduction.
For child care, clients have the responsibility to supply information essential to child plan hours needed. Failure to report accurate need (e.g., child's school schedule) results in those hours not being accounted for in the monthly benefit authorization.
1212.3 Responsibility to Provide Verification - The client has primary responsibility for providing verification (certain exceptions to these requirements are specified in the verification section). See 1322 . For Food Assistance, client have the responsibility to verify mandatory expenses and failure to verify those expenses results in the loss of the household's entitlement to the corresponding deduction.
1212.4 Responsibility to Authorize Release of Information - A client has the responsibility to give written permission for release of information when needed. For Food Assistance, the client has the option to sign a Release of Information.
1212.5 Responsibility to Report Changes - A client subject to simplified reporting must report changes based on the provisions of 9122 . Simplified food assistance reporters are only required to report the one change listed in 9122.1 that occurs between the date of the interview and the date of approval. These changes are required to be reported within 10 days of the date of the notice of approval. Change reporters must report within 10 calendar days from the date of the approval notice. See 9121 for specific changes that change reporting persons are required to report.
For child care, a client has the responsibility to report changes in income if the changes result in gross monthly income exceeding 85% of the State Median Income (SMI) for the household size, address, choice of a provider and hours of child care needed (including when child care is no longer being used or has not been used for an entire calendar month for any or all children receiving assistance) within 10 calendar days. See 9121 .
1212.6 Responsibility to Cooperate - The client shall cooperate with all program requirements and in supplying required information.
1212.7 Responsibility to Participate in Face-to-Face Interview - The client shall have a face-to-face interview with an EES Specialist prior to initial approval and all reviews. This requirement may be waived under certain circumstances which are delineated in the section on the application process. This requirement applies only to food assistance and cash.
1212.8 Responsibility to Provide Social Security Numbers - Each client shall provide his/her Social Security number. Refer to 2130 . This responsibility does not apply to Child Care.
1212.9 Responsibility to Meet Needs - A client has the responsibility to meet his own needs insofar as he is capable.
1212.10 Responsibility to Select Appropriate Child Care - The client has the responsibility to select child care to best meet the needs of his or her child. The client has the responsibility to read and understand the information contained in the handbook “The Parent Provider Partnership” (KEESM appendix item C-11 ), asking any questions necessary to ensure understanding.
1212.11 Responsibility to Pay for Child Care Expenses Owed - The client has the responsibility to pay the child care provider for any unsubsidized amount owed. Benefits issued through the child care subsidy program may not cover all costs.
1213 Responsibilities of the Agency - Upon request, the agency must explain the rights and responsibilities of clients and the following requirements placed on the agency.
1213.1 Periodic Reviews - The agency is required to make periodic reviews of eligibility if the application is approved. The agency shall notify the client of the expiration of the review period and shall send the client a new application prior to the last month of the review period.
1213.2 Fraud - The agency is required to investigate and refer for legal action any alleged fraud related to the receipt of assistance.
1213.3 Responsibility to Accept an Identifiable Application - The agency shall accept an application containing a legible name and address (unless homeless) and which has been signed. Refer to 1410 . Any applicant choosing to submit a telephonic signature will be protected against potential impersonation, identity theft or invasion of privacy and the agency will provide accurate linkage between a telephonic signature and the associated application or case file. Telephonic signature is not required and is at the willingness of the client.
1213.4 Responsibility to Review Recipients Timely - The agency has the responsibility to process all subsequent applications timely so there will be no break in the benefits the client is eligible to receive.
1213.5 Responsibility to Establish Claims of Overpayment - The agency is responsible for establishing claims for overpayment (either fraud, client, or agency error).
1213.6 Responsibility to Restore Lost Benefits - The agency shall restore benefits to the client if benefits were wrongfully denied, delayed, or terminated.
1213.7 Responsibility for Giving Notice of Action - The agency is responsible for giving adequate and/or timely notice of action when appropriate.
1213.8 Client Education - The agency is responsible to inform TANF clients about the TANF work activity good cause determination for child care and that a good cause finding does not suspend the TANF "clock" on federal benefits. The agency is also responsible to notify clients that the time limits of the TANF program does not apply to the Food Assistance or GPCG programs and that those that have been terminated from the TANF program because they reached a time limit, begun working, or for other reasons may still qualify for the food assistance benefits.
1213.9 Informed Parental Choice (Child Care) - The agency is responsible to provide access to information about the full range of child care providers available, health and safety requirements and any additional information about quality standards for child care that will assist the client in making an informed choice when selecting a child care provider. The information may be provided by referral to the local Resource and Referral Agency. See 10021 and 10022 for definitions of provider types. EES staff are responsible for providing all families eligible for child care assistance with the handbook “The Parent Provider Partnership” (KEESM appendix item C-11 ), and informing them of their responsibility to read and understand the information contained in the handbook. This may be accomplished by giving the applicant a link to that handbook if they have access to a computer, or a paper copy of that handbook if the applicant does not have computer access. It must be documented in the case file that the applicant was given either the link or the paper copy of the handbook.
The agency is responsible for providing eligible families with a link to the Child Care in Kansas (CCinK) website ( https://childcareinkansas.com ). This website also provides links to information about finding and choosing child care, licensing and compliance information on specific providers, information about developmental screenings and other available services, as well as other information that may be helpful to families, child care providers and other community members.
1213.10 Case File Documentation - The agency has the responsibility to insure that case file documentation supports the decision to provide, deny or change eligibility, benefits, or services.
1213.11 Cost-Effective Service Provision - Services shall be provided in the most cost-effective manner in order to provide the client with the appropriate services within the resources allowed.
1221 Confidentiality of Information Concerning Applicants or Recipients - Information concerning applicants or recipients (present and past) is confidential and may not be disclosed to another DCF employee, the client, or any other nonagency personnel except as set forth in this section. Information concerning clients or providers who have been referred for investigation is confidential and may not be released unless the Fraud Unit or the prosecuting attorney to whom the case has been referred for legal action authorizes such disclosure.
1222 Disclosure of Confidential Information - The agency may disclose confidential information when the purpose of such disclosure is directly related to: (1) the administration of the DCF program; (2) an investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of the DCF program or the SSI program; or (3) the administration of any federal or federally assisted program which provides assistance (in cash or in kind) or services directly to individuals on the basis of need. For exceptions see 1225 and 1226 . Throughout this material related to confidentiality of case records, the term TANF includes Work Program, LIEAP, SUN Bucks and GPCG. In addition, the term DCF employee includes contracted employees.
1223 Nature of Information to be Safeguarded - The confidential nature of the following information must be safeguarded:
Information contained in applications, reports of investigations, reports of medical examinations, correspondence, and other records concerning the condition or circumstances of any person for whom or about whom information is obtained, and including all such information whether or not it is recorded; and
Records of agency evaluations of such information. General information, not identified with particular individuals, such as total expenditures made, number of recipients, and other statistical information and social data contained in general studies, reports, or surveys of welfare problems, does not fall within the class of material to be safeguarded.
1224 Disclosure of Information to Client - Information entered in the case record is to be made available to the client upon request, for inspection at a time mutually agreeable to the agency and the client, except as set forth below.
1224.1 Non-EES program information - Information that is a part of the electronic case file that was received from another program area (e.g., Rehabilitation Services, Protection Prevention Services, or Medical Assistance determined within the shared system), another state agency (e.g., Vital Statistics, or Department of Labor), or Federal entities (e.g., SSA or IRS) is not to be made available to the client.
1224.2 Medical and Psychiatric Reports - Medical and psychiatric reports are not to be made available to the client unless signed, written consent is obtained from the medical practitioner who rendered such report. This does not include the VA-DCF Informational System.
1224.3 Names and Addresses of Complainants - The names and addresses of complainants are not to be made available to the client.
1224.4 Investigative Reports - Investigative reports concerning welfare fraud or other types of overpayments are not to be made available to the client during the course of the investigation or during the time period in which the case has been referred for legal action unless the Fraud Unit, Legal Division or the prosecuting attorney to whom the case has been referred for legal action authorizes such disclosure.
NOTE: With the exception of 1224.3 , all documents and records to be used by the agency at a fair hearing are to be made available, upon request, to the appellant or his representative for inspection and/or copying at a reasonable time mutually agreeable to the agency and the client or his representative prior to the date of the hearing.
1225 Disclosure of Information to Agency Personnel - Information is not to be disclosed to another DCF employee unless the employee has a need for the information in the performance of his official duties. The client's signature on the application form authorizes the disclosure of information concerning a TANF, Child Care, and/or Food Assistance client if the purpose of such disclosure is connected with the administration of any of the aforementioned programs, the Child Welfare or Child Support programs (under titles IV-B, IV-D, and XX), or any other federal or federally assisted program which provides assistance, in cash or in kind, or services directly to individuals on the basis of need. (Example: SSI, LIEAP.)
1226 Disclosure of Information to Nonagency Personnel and the Public - Information is not to be disclosed to nonagency personnel such as courts, school boards, legislators, prosecuting attorneys, policemen, FBI agents, doctors, social service agencies, state employment offices, public housing authorities, landlords, creditors, relatives, etc., except as set forth below.
1226.1 Information Available to the Public - Regulations, Plans of Operation, state manuals, and federal procedures which affect the public shall be maintained in the office of the Economic and Employment Services Policy Section as well as in FNS National and Regional offices for examination by members of the public on regular workdays during the regular office hours. The Kansas Economic and Employment Services Manual is available on the internet 365 days a year.
1226.2 Directly Related to the Administration of DCF Programs - Information may be disclosed to nonagency personnel when the purpose of such disclosure is directly related to the administration of DCF programs. This information concerning a cash, child care, or food assistance client is not to be disclosed without the signed written consent of the client unless the purpose of such disclosure is directly related to one of those programs. Any information disclosed is to be limited to that which is reasonably necessary to accomplish the purpose of such disclosure. Such purposes include establishing eligibility, determining amount of assistance, and providing services to applicants or recipients.
In the course of providing services to clients, disclosure of information should be made to representatives of other welfare agencies or programs only when they can give assurance that:
the confidential nature of the information will be preserved;
the information will be used only for the purposes for which it is made available (such purposes should be reasonably related to the purposes of the DCF program and the functioning of the inquiring agencies); and
the standards of protection established by the agency to which the information is disclosed are equal to those established by DCF itself, both with regard to the use of information by staff and the provision of protective office procedures.
NOTE: Information may be shared with EES Contracted Employment Service providers. These providers are advised of the EES Confidentiality Policy and a copy of that policy is attached to each EES contract and/or provider agreement that involves direct client services (see 3410.6 ).
1226.4 Federal or Federally Assisted Programs - Information concerning clients is to be disclosed to federal or federally assisted programs which provide assistance (in cash or in kind) or services directly to individuals on the basis of financial need if the requesting agency certifies in writing that the information so requested is necessary to the administration of its program. Example: SSI. Upon request from an eligible telecommunications carrier (ETC) or State Lifeline Administrator seeking to verify the eligibility of a Lifeline applicant, do not release any personally identifiable information regarding the applicant beyond a yes/no response to the ETC stating whether the applicant is in fact receiving Food Assistance.
1226.5 Officials Conducting An Investigation, Prosecution, or Criminal/ Civil Proceeding - Information is to be disclosed to the official conducting an investigation, prosecution or criminal or civil proceeding in connection with the administration of the DCF program if such information is reasonably necessary to the investigation, prosecution or criminal or civil proceeding. This includes welfare fraud investigations and prosecutions. The client's signature on the application/redetermination form authorizes the disclosure of information from the case record necessary to conduct an investigation, prosecution, criminal or civil proceeding related to eligibility for cash, food assistance, and child care. Information concerning clients is to be disclosed to the official conducting an investigation, prosecution or criminal or civil proceeding in conjunction with the administration of the SSI program if such information is reasonably necessary to the investigation, prosecution, or criminal or civil proceeding.
Information disclosed pursuant to the above paragraphs shall be provided the appropriate official in the following manner:
The official requesting such information shall be allowed to review pertinent case record material in the agency office during normal working hours.
Such official, upon request, shall be furnished with copies, or authenticated copies, or originals of pertinent case record materials as necessary at no cost. Prior to the release of an original document, a copy of the document shall be placed in the case record with a notation as to the disposition of the original. If a question arises as to the pertinency of any requested material, consult the DCF Legal Division.
1226.6 Intention to Commit Crimes - Information concerning the intention of a client to commit a crime and the information necessary to prevent the crime shall be disclosed to the appropriate authorities.
1226.7 Fleeing Felons and Probation/Parole Violators - The address of any member of a TANF or food assistance (see note below) household shall be made available, on request, to any Federal, State, or local law enforcement officer if the officer furnishes the name of the individual and notifies the agency that the individual:
is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or attempt to commit a crime that is a felony; or
is violating a condition of probation or parole imposed under Federal or State law; or
has information that is necessary for the officer to conduct an official duty related to item (1) or (2) above.
The officer must notify the agency that locating or apprehending the member is an official duty and that the request is being made in the proper exercise of an official duty.
NOTE: For food assistance , an individual is a fleeing felon when a Federal, State, or local law enforcement officer acting in his or her official capacity presents an outstanding felony arrest warrant that conforms to one of the following National Crime Information Center Uniform Offense Classification Codes:
Escape (4901);
Flight to Avoid (prosecution, confinement, etc.) (4902); or
Flight-Escape (4999).
The warrant, containing one of these codes must be presented to the State to obtain information on the location of and other information about the individual named in the warrant.
The agency may also release the Social Security number and photograph, if available.
1226.8 Additional Provisions - Case file information shall also be disclosed to the following:
Food assistance case file information shall be disclosed to persons directly connected with the administration or enforcement of the provisions of the Food Stamp Act, including the Food Distribution Program on Indian Reservations and the Expanded Food and Nutrition Education Program (EFNEP);
Case file information shall be disclosed to local or district school officials directly connected with the administration of the National School Lunch Program, when the information requested is concerning the current participation status of Food Assistance or TANF Program participants (open or closed).
Food assistance case file information shall be disclosed to employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law.
1226.9 Information Not Otherwise Authorized to be Disclosed - Information not otherwise authorized to be disclosed by this provision may only be disclosed if the client has the authority to disclose such information and the agency has a signed, written consent on file authorizing the agency to disclose the information to the specific person requesting such information, excepting that such information may be disclosed without signed, written consent in an emergency situation such as death or other serious crises to an appropriate person if the agency deems such unauthorized disclosure to be in the best interest of the client. If such information is disclosed without signed, written consent, the client shall be notified of such disclosure as soon thereafter as possible.
1227 Subpoenas and Testifying in Court Concerning Information Not Otherwise Authorized to be Disclosed - Since all information relative to a client is by law confidential and since clients are advised that any information they reveal is held confidential, any information received by the worker or other person connected with the agency, is by statute, in the nature of a privileged communication just as is the information received by an attorney or physician from his client, or received by a minister in the performance of his function as a spiritual advisor. The Legal Division must be notified immediately of a subpoena to produce records or of a court order to testify; such notice should be in writing whenever time permits. A staff member who is subpoenaed or whose records are subpoenaed, unless otherwise instructed by the Legal Division, should make appearance at the time and place stated in the subpoena, and should bring the records subpoenaed with him, if any. After being sworn in he should make the following statement to the court in response to the first material question: " "I am attending the court’s hearing as a result of a subpoena. The law and DCF policy require that I call the court’s attention to the laws and regulations limiting use and disclosure of information concerning public assistance. K.S.A. 39-709b limits the use or disclosure of information concerning applicants and recipients of assistance to purposes directly connected with the administration of the assistance program, unless there is written consent given by the client. These federal laws and regulations also similarly limit use and disclosure:
Section 402(a)(1)(A)(iv) of the Social Security Act, codified at 42 U.S.C. Sec. 602(a)(1)(A)(iv) (the Temporary Assistance to Families Program);
Section 1902(a)(7) of the Social Security Act, codified at 42 U.S.C. Sec. 1396a(a)(7), and 42 C.F.R. Sec. 431.300, et seq. (the Medicaid Program); and
Section 11(e)(8) of the Food and Nutrition Act of 2008, codified at 7 U.S.C. Sec. 2020(e)(8), and 7 C.F.R. Sec. 272.1(c)(1) (the Food Assistance Program)."
The witness will submit the above statement in its entirety to the court and a copy to the attorney and will testify further according to the ruling and instructions of the court. Testifying and releasing confidential information when ordered to do so directly by a judge in an in-court setting is not considered unauthorized disclosure of information per 1229 .
1228 Questions Concerning Disclosure of Information - When there is some question as to the disclosure of information to another DCF employee, the client or other nonagency personnel, the question is to be referred to the legal division for clearance.
1229 Unauthorized Disclosure of Confidential Information - An DCF employee who discloses confidential information concerning an applicant or recipient (present and past) in violation of the provisions set forth in 1220 and subsections shall be subject to appropriate disciplinary action (official reprimand, suspension, demotion, dismissal, etc.). Further, any individual who discloses confidential information concerning an applicant or recipient (present, past) in violation of the provisions set forth in 1220 and subsections shall be subject to criminal prosecution, and if convicted, may be fined up to $1,000 and/or sentenced to the county jail for a period not to exceed six months.
1310 Prudent Person - The local worker shall use the prudent person concept in administering the EES Programs. The phrase, "prudent person" applies to the particular situation that indicates further verification of information is needed. It also applies to the reasonableness of judgments made by an individual in a given situation based on that individual's experience and knowledge of the program.
It is the responsibility of staff to be prudent when the circumstances of a particular case indicate the need for further inquiry. Additional substantiation or verification should be obtained whenever the information provided by the applicant or recipient is incomplete, unclear, or contradictory.
Circumstances that require a more thorough analysis of a case include:
Real or personal property holdings that are very near or equal to the resource limitation.
An individual who is living at a higher standard of living than known resources or income would permit.
An individual who appears to qualify for potential resources such as Social Security, unemployment benefits, veterans' benefits, medical insurance, etc.
An individual who appears to be confused.
An individual who has a history of providing conflicting or incomplete information.
Documents (birth certificates, Social Security cards, etc.) that appear to have been altered.
1320 Simplified Eligibility And Verification
1321 Simplified Eligibility Determination - Simplified eligibility as adopted by the State is a system by which the agency accepts the individual's statement as the basis of eligibility. For some factors of eligibility, additional information will have to be obtained. In addition, federal rules of the Food Assistance Program mandate that certain items be verified for food assistance purposes. These polices are discussed in 1322 . For ease of administration, some of these verification requirements have been adopted for the cash and child care programs.
The agency shall:
Use, to the greatest extent possible, the information on the application/redetermination form, as provided by the individual applicant/recipient, for purposes of determining eligibility and extent of entitlement.
Carefully review the form for completeness, clarity, consistency, and lack of error or questionable statement.
Give the applicant/recipient the opportunity to present additional clarification when information on the form is incomplete, unclear, or inconsistent, or where other circumstances in the particular case indicate to a prudent person that further inquiry needs to be made. Negative action as a result of failure to provide the information can be taken only when written notice was given allowing at least 10 calendar days from the date the notice is initiated to return the information.
Consider additional information from agency records.
Advise the applicant/recipient when it is necessary for the agency to go to other sources, and when necessary obtain his consent on the information release form. If he does not consent to the necessary contacts, it may not be possible to determine that initial or continuing eligibility exists. Each applicant and recipient gives consent to a full field investigation when he signs the application/ redetermination form, but a signed informational release form may be necessary to obtain the needed information. (See 1212.4 .)
Consider verification/information received by 5:00 pm (or closing time) on a business day as received that day. Any verification/information received (for example in a drop box) after 5:00 pm (or closing time) on a weekday, holiday or weekend will be considered received the next business day.
1321.1 Sources of Verification
Documentary Evidence - Documentary evidence shall be used as the primary source of verification. Documentary evidence consists of a written confirmation of a household's circumstances. Examples are wage stubs, rent receipts, utility bills, medical reimbursement statements, and, for Social Security numbers, such evidence as BENDEX printouts, Social Security cards, or any official document containing the Social Security number.
Although documentary evidence shall be the primary source of verification, acceptable verification shall not be limited to any single type of document and may be obtained through the household or other sources.
Alternate sources of verification, such as collateral contacts and/or home visits, shall be used whenever documentary evidence cannot be obtained.
Collateral Contacts - A collateral contact is a verbal confirmation of a household's circumstances made by a person outside of the household. The collateral contact may be made either in person, by mail or over the telephone. The acceptability of a collateral contact shall not be restricted to a particular individual but may be anyone who can be expected to give an accurate third party verification of the household's statements. Examples of acceptable collateral contacts are employers, landlords, social service agencies, migrant service agencies, and neighbors of the household. When talking with collateral contacts, staff should disclose only the information that is absolutely necessary to get the information being sought. Staff should avoid disclosing that the household has applied for benefits, nor should they disclose any information supplied by the household, especially information that is protected per 1223 , or suggest that the household is suspected of wrong doing. This applies to collateral contacts other than those where there is a need to share full information such as the Social Security Administration. See 1222 .
Home Visits - Home visits, for the purpose of establishing eligibility, shall be used as verification only if documentary evidence cannot be obtained. For purposes of the Food Assistance Program, a home visit must be scheduled in advance with the household. Staff must document the need for a home visit in the case record.
An unscheduled home visit for food assistance purposes can only be conducted when there is substantial documentary or collateral evidence that a household is or is attempting to commit fraud, and the unscheduled home visit is a part of a fraud investigation.
Failure of a client to cooperate with or consent to a scheduled or unscheduled home visit shall not directly affect eligibility, and no case shall be closed or denied because an applicant/ recipient refuses to grant admittance to his/her home or cooperate during a home visit. If a client refuses to cooperate with or consent to a home visit, a request for information shall be sent to the client. If the client fails to provide adequate verification as requested, then the case may be closed or the application denied, if that is the appropriate action based on the type of information that was not provided. See item (4) below.
NOTE: Home visits may be utilized with TANF work program participants in situations where a personal contact is appropriate and not achievable by other methods. These home visits may be scheduled or unscheduled.
Discrepancies - Where information from another source contradicts statements made by the household, the household shall be afforded a reasonable opportunity to resolve the discrepancy prior to an eligibility determination. Information needed to resolve the discrepancy shall be requested from the household, however, if the household fails to provide the necessary information, staff may elect to verify the information directly. Households are to be given 10 days to provide necessary verification. If the client does not or refuses to provide adequate verification to resolve the discrepancy, the case may then be closed or the application denied if that is the appropriate case action.
1321.2 Responsibility for Obtaining Verification - The household has the primary responsibility for providing documentary evidence to support its statements and to resolve any questionable information. Households may supply documentary evidence in person, by mail, or by an authorized or personal representative. Any reasonable documentary evidence provided by the household shall be accepted by the local office. The local office shall be primarily concerned with how adequately the verification proves the statements on the application. If it would be difficult or impossible for the household to obtain documentary evidence in a timely manner, the worker shall offer assistance to the household in obtaining documentary evidence at the interview and/or send a notice which includes the offer of assistance to all households.
The household shall not be held responsible when a person outside of the household fails to cooperate with a request for verification. ( NOTE: Individuals in the household identified as non-household members under 4212.1 and individuals identified as excluded or disqualified per 4212.2 or 4212.3 shall not be considered as persons outside of the household.)
1321.3 Documentation - Case files must contain documentation to support the determination to approve or deny program benefits. Documentation means that a written statement regarding the type of verification and a summary of the information obtained has been entered in the case record. Such statements must be in sufficient detail so that a reviewer would be able to determine the reasonableness of the determination. For example, when income is verified by the presentation of pay stubs, the gross amount of income on each pay stub, and the frequency of receipt of income is included on a copy of the pay stub in the case record or is recorded by the worker elsewhere in the case file.
Where verification was required to resolve questionable information, the worker shall document why the information was considered questionable and how the questionable information was resolved. The worker shall also document why any alternate sources of verification were needed and, if a collateral contact was rejected, the case file shall contain documentation of why the collateral contact was rejected and an alternate chosen.
The physical address of a participant in the Safe At Home (see Section 1723 ) program shall be obtained for the purposes of determining eligibility and benefit level but will not be recorded or documented in the case log or within the agency. To ensure the address is protected, only the Safe at Home mailing address will be entered in KEES. The county of residence will be entered in KEES in order to issue correct benefits and for a proper managed care assignment. Staff will note in the case file that the client is a Safe At Home participant.
1322 Verification Provisions - Verification is the use of documentary evidence, collateral contacts, or home visits to establish the accuracy of statements on the application.
1322.1 Mandatory Verification That Affects Eligibility for Program Benefits - The worker shall verify the following information prior to approval for clients initially applying:
Gross Nonexempt Income - Gross nonexempt income shall be verified prior to approval. However, where all attempts to verify the income have been unsuccessful because the person or organization providing the income has failed to cooperate with the household and the worker, and all other sources of verification are unavailable, the worker shall determine an amount to be used based on the best available information. For TANF, Food Assistance, and Child Care, the following earned income verification requirements are applicable: New employment - An employer statement (in writing or verbally) must be obtained providing information that verifies the following: date employment began, number of hours to be worked per pay period, pay rate, how often paid, day of week paid and date of first check. If applicable, the employer must provide information about the amount and frequency of tips, commission or bonuses. The client has the primary responsibility for providing this information. However, staff may also obtain this information by contacting the employer and documenting the information provided by the employer. Ongoing Employment - At the time of application, review, or interim report, the client must provide verification of the most recent 30 days of pay. Most recent pay is defined, at a minimum, as the pay most reasonably expected to be received prior to the submission of the application/review/Interim Report. Verification of pay received after the date of application/review/ Interim Report may also be used in determining the most recent 30 days of pay if provided by the applicant/recipient. If the client has not been employed 30 days, use all pay that is available and get an employer statement. If the client has missing pay verification, obtain information from the employer about the missing verification. Year-to-Date earnings on pay verification may also be used if the pay rate has not changed. (Again, the client has the primary responsibility for providing this information, but staff may obtain this information by contacting the employer.) Terminated Income - Verify the last day of employment and the date and amount of the last pay to be received for employment terminated in the month of application/review/or Interim Report or the prior month. For ongoing cases, verify terminated employment when it becomes known to the agency. Use prudent person judgment when deciding whether to verify terminated employment that was not reported and was not required to be reported per simplified reporting provisions. NOTE: The intent of these verification requirements is to prevent payment errors. It is not the intent to be punitive to clients. Staff should work with and assist clients in obtaining the necessary verification. If the client refuses to provide the necessary verification, assistance may be denied. However, if the client tries to, but cannot obtain the necessary verification, and the employer will not provide the necessary verification, the agency shall not deny assistance. Rather the interim report/12-month report/application/review change shall be processed using all available verification. The case file must be documented to support the action(s) taken. Also refer to 7110 for rules regarding the prospective budgeting of earned income. In addition, elderly individuals requesting separate food assistance household status, as outlined in 4210 (4), are responsible for obtaining the cooperation of the others with whom they reside. Qualified non-parental caretakers are only required to provide verification of non-exempt income and resources for the children receiving TANF if they are not requesting assistance for themselves. Excess Income (Food Assistance Only) – Verification of gross non-exempt income must be requested when the income amount declared on the Application, IR, 12-month report, Review or reported change by the household appears to exceed the gross income limit for FA.
Non-citizen Status - The worker shall determine from information on the application if individuals identified as non-citizens are eligible non-citizens, as defined in 2140 and subsections. All Programs – The agency shall require that verification be presented for each non-citizen individual for whom assistance is requested. If the verification of non-citizen status is not provided for the applicant, that individual shall be disqualified until the necessary verification of his/her status is provided. Refer to 5200 (6) and 6100 (4) for treatment of income and resources for a non-citizen excluded from the program under this provision. Non-citizen applicants must be given a reasonable opportunity to submit documentary evidence of their eligible non-citizen status prior to any action being taken to reduce, deny, or terminate eligibility or benefit level. A reasonable opportunity period shall be at least 10 days from the date of the agency's request for an acceptable document. If the 10-day period ends before the timely processing deadline and documentation has not been submitted, the applicant may not be approved until the documentation is submitted. If the 10-day period will end after the timely processing deadline and the household is otherwise eligible, benefits must be provided within normal or expedited time frames as appropriate.
Social Security Numbers (Not Applicable to Child Care) - When an applicant who is required to apply for a Social Security number wishes to apply through the Social Security Administration, the individual shall be required to supply verification of application for the required SSN prior to the agency's certification of that individual unless the individual claims good cause. Refer to 2133 . NOTE: A copy of the Social Security Card is not required and assistance cannot be denied for failure to provide the Social Security card when a number has been provided.
Residency (Food Assistance Only) - The household's residency within the state must be verified. To the greatest extent possible, such verification of residency shall be accomplished in conjunction with other verification; for example, rent, or mortgage receipts, utility bills, or pay stubs containing the household's address. Any documents or collateral contacts which reasonably establish the applicant's residency within Kansas shall be accepted and no requirement for a specific type of document may be imposed. There is no durational residency requirement. In some unusual cases, proof of residence may be waived. Such cases may include homeless households, migrant farm workers who do not intend to establish permanent residency or other households that are new arrivals in Kansas.
Identity - For TANF, child care and food assistance, the identity of the person making application and any other adult in the assistance household shall be verified. In addition, if application or review is made by an authorized representative, his/her identity shall be verified. The identity of any adult who later enters the assistance household shall be verified. Check at review to establish that identity is verified for all adult members.
Disability - Disability must be verified for persons to meet the definition of disabled for the Food Assistance Program. (Refer to the definition of disabled in Definitions of Common Terms ). The specific verification requirements follow each of the disability criteria.
Refusal to Cooperate With Quality Control (Food Assistance Only) - The worker shall verify all factors of eligibility for households who have been terminated for refusal to cooperate with state quality control and who reapply after 125 days from the end of the annual review period. The worker shall also verify all factors of eligibility for households who have been terminated for refusal to cooperate with federal quality control and who reapply after seven months from the end of the annual review period. Refer to 2123 . (The annual review period ends September 30th.)
Hours Worked by an ABAWD - Work hours shall be verified and documented for persons subject to the ABAWD time limit of 2520 who are satisfying the ABAWD work requirement by working 20 hours per week (averaged monthly).
Resources - For food assistance, cash, and child care assistance, all trust funds and accounts, including IDA's and annuities, are to be verified by providing a copy of the actual trust instrument as well as any supporting information necessary to establish the availability of the trust (e.g., bank ledgers documenting the value of the trust and wills funding the trust). In addition, all real property (excluding the home in which the applicant/recipient resides), stocks, bonds, and non-exempt retirement funds must be verified. For cash, child care, and food assistance, checking, saving s, and cryptocurrency a ccounts must be verified only if resources are close to the resource limit or if questionable. Note : The balance of a Direct Express electronic debit account used for the deposit of federal benefits (Social Security, SSI, VA, Civil Service Annuities) need not be verified if the only monies in the account are from Social Security or SSI benefits, or the value of all countable resources, including the account, are not within $300 of the applicable resource limit.
Relationship (TANF Only) - Verification of relationship or status to the child is required in all non-parental situations (i.e., grandparents, aunts, uncles, guardian/conservators, etc.). Applicants will be allowed up to 90 days from the date of the application to provide verification of relationship as long as a bona fide effort is being made. Failure to provide verification will result in ineligibility for the child (also see 2220 ). For purposes of this requirement, a birth certificate is the best available evidence.
Citizenship - Child Care and TANF - Documentation of U.S. citizenship is required for each individual for whom child care and/or TANF is requested when identified as a U.S. citizen on their application. Refer to 1322.1 (2) for verification requirements for those who are identified as non-citizens on their application. Persons failing this requirement may be eligible for Food Assistance. The agency will consider citizenship to have been verified if a system code indicates that it has been verified by the Medicaid agency, and the agency will document that in the child care/TANF file. The agency shall make every effort to verify citizenship through available resources. If the agency is unable to verify citizenship, verification shall be waived and a three (3) month reasonable opportunity period for the individual to provide the information shall be applied. If otherwise eligible, the applicant may be approved for assistance. The individual shall be contacted to provide the information and notified of the reasonable opportunity period. Note: Verification of citizenship may be requested directly from the client during the application process, but assistance will not be terminated at the end of the reasonable opportunity period unless the agency has exhausted all efforts to obtain that verification through available resources and the client has failed to respond to the request for verification.
KDOL (Food Assistance and TANF Only) - The checking of KDOL Wages and KDOL UC is required at the time of application, review and at the time of IR/12-month report processing to determine if any adult household members aged 18-65 have failed to report current earned income or the receipt of unemployment compensation. KDOL Wages and KDOL UC do not need to be c hecked for persons getting SSI or Social Security Disability.
School Enrollment (TANF Only)- A child, age 7 through 18, must be enrolled in school, including a home school that is registered with the Kansas Department of Education. Ineligibility for the entire household will exist if a child in the home is not enrolled in school. Client statement is adequate verification of enrollment. At application and review, verification from the school is required for a child who is 18 and working toward a high school diploma or GED. The application can be processed if the family indicates the child will be enrolled when the first opportunity arises in the following situations: When applications or reviews are received when school is not in session, When a family is moving from another school district (out of county or out of state), When a family is just arriving in the United States, or For relative placements for children in DCF custody where needed records are being obtained. The agency will need to follow-up and if the child is not enrolled at the start of the school year, or first available time for orientation, the TANF case is ineligible and the case is to be closed, allowing for timely and adequate notice.
Date of Birth (Child Care Only) - Documentation of date of birth is required for each child for whom child care assistance is requested. The agency will consider a child’s date of birth to be verified if a system code indicates that it has been verified by the Medicaid agency, and the agency will document that in the child care/TANF file. The agency shall make every effort to verify a child’s date of birth through available resources. If the agency is unable to verify a child’s date of birth, verification shall be waived and a three (3) month reasonable opportunity period for the individual to provide the information shall be applied. If otherwise eligible, the applicant may be approved for assistance. The individual shall be contacted to provide the information and notified of the reasonable opportunity period. Note: Verification of a child’s date of birth may be requested directly from the client during the application process, but assistance will not be terminated at the end of the reasonable opportunity period unless the agency has exhausted all efforts to obtain that verification through available resources and the client has failed to respond to the request for verification.
1322.2 Mandatory Verification That Affects the Amount of Program Benefits - The following information shall be verified prior to a determination of the benefit amount for households initially applying. Failure to provide verification of these items is not grounds for denial, rather the application would be processed without allowing a deduction for the claimed expense.
S helter Expenses (Food Assistance Only) - The obligation for shelter expenses shall be verified at the time of initial application, review and at the time of a change (including changes reported at Interim Report or 12-Month Report). Shelter expenses include rent, mortgage (including second mortgages, non-occupancy and disaster costs), lot rent, real estate taxes, and homeowner's insurance. If verification of the cost may delay the household approval, the worker shall advise the household that eligibility and benefit level may be determined without providing a deduction for the claimed but unverified shelter expense obligation. If the expense cannot be verified within 30 days of the date of application, the agency shall determine the household's eligibility without providing a deduction for the unverified shelter expense. If the household has verified a portion of the actual shelter costs, the worker shall use the actual verified amounts. If the household subsequently provides the missing verification during the review period, the household's benefit level shall be redetermined. The household shall be entitled to the restoration of any benefits lost as a result of the disallowance of the expense only if the agency failed to allow the household 10 days to verify the expense. Any increase in benefits shall be provided the month following the month the missing verification is provided.
Utility Expenses (Food Assistance Only) - The household's obligation for utility expenses shall be verified at the time of initial application, review, and at the time of a change (including changes reported at IR or 12 Month Report). If verification of the cost may delay the household approval, the worker shall advise the household that eligibility and benefit level may be determined without providing a deduction for the claimed but unverified utility expense obligation. If the expense cannot be verified within 10 days of the date of application, the agency shall determine the household’s eligibility without providing a deduction for the unverified utility expense. If the household has verified a portion of the obligation for utility expenses, the worker shall use the utility standard that would apply using just those verified utilities. If the household subsequently provides the missing verification during the review period, the household’s benefit level shall be redetermined. The household shall be entitled to the restoration of any benefits lost as a result of the disallowance of the expense only if the agency failed to allow the household 10 days to verify the expense. Any increase in benefits shall be provided the month following the month the missing verification is provided.
Medical Expenses - Medical expense incurred by food assistance persons who are elderly or disabled (refer to definitions in Appendix item X-6). The amount of any medical expenses shall be verified prior to initial approval. For food assistance, if the elderly or disabled household member is entitled to the Standard Medical Deduction at initial certification, the household must verify one allowable expense (or a combination of expenses) greater than $35. If the elderly or disabled household member with expenses over $175 chooses to use actual medical expenses instead of the standard, then all medical expenses must be verified. Also see 7223 .
Legal Obligation and Actual Child Support Payments (Food Assistance Only) - The worker shall verify the household's legal obligation to pay child support, the amount of the obligation (if not averaging payments per 7225 ), and the monthly amount of child support the household actually pays. The household is responsible for providing verification of the legal obligation, the obligated amount, and the amount paid. Also see 7225 . The agency shall accept documents that verify the household's legal obligation to pay child support, such as a court or administrative order, divorce decree, legally enforceable separation agreement or documentation of the court order from KAECSES-CSS screens. (CSS always obtains a hard copy of the order prior to entering it on the system. To be acceptable, the order must be active, i.e., there is no end date reflected on the system.) The KPC system can also be used as verification there is a court order and the monthly amount of child support actually being paid. It cannot be used as verification of the amount of the obligation, so if payments are just starting and the deduction needs to be prospectively budgeted, the household will have to provide proof of the amount of the obligation. Acceptable documentation verifying a household's actual payment of child support includes, but is not limited to, court receipts, wage withholding statements, verification of withholding from unemployment compensation, and the State CSS agency if the payments are being made to CSS . Also acceptable are statements from the custodial parent regarding direct payments or third party payments the noncustodial parent pays or expects to pay on behalf of the custodial parent. KPC is also acceptable for verifying the household’s actual payments. Documents that are accepted as verification of the household's legal obligation to pay child support shall NOT be accepted as verification of the household's actual monthly child support payments. Households that fail or refuse to obtain necessary verification of their legal obligation or of their child support payments shall have their eligibility and benefit level determined without consideration of a child support deduction.
KDOL (Food Assistance and TANF Only) - The checking of KDOL Wages and KDOL UC is required at the time of application, review and at the time of IR processing to determine if any adult household members have failed to report current earned income or the receipt of unemployment compensation.
1322.3 Verification of Questionable Information - The worker shall verify all other factors of eligibility prior to approval only if they are questionable and affect the household's eligibility or benefit level. To be considered questionable, the information on the application must be inconsistent with other information on the application or previous applications or inconsistent with information received by the agency. When determining if information is questionable, the decision shall be based on each household's individual circumstances. Also see 1310 and 1320 .
Household Composition - If questionable, the worker shall verify any factors affecting the composition of a household. A claim of separate food assistance household status from others residing at the same address shall be verified if considered questionable. If determined questionable, individuals who wish to be granted separate household status from those with whom they reside shall be responsible for completing Form ES-3117, Purchase and Prepare Statement. The Purchase and Prepare Statement if applicable, must be completed at approval, at the time of address change and at review, if household composition or purchase and prepare arrangement have changed since the last time the form was completed. See 9333 . Elderly individuals requesting separate food assistance household status as outlined in 4210 (4) shall be responsible for providing a physician's statement that they cannot purchase and prepare their own meals, if that is questionable, and for obtaining the cooperation of the remaining household group
Citizenship - (Food Assistance Only ) - When a household's statement that one or more of its members are U.S. citizens is questionable, the household shall be asked to provide acceptable verification. (See 2145 .) If the household is unable to provide this verification, the member whose citizenship is questionable shall be excluded from participation until verification of his/her U.S. citizenship is provided. Refer to 6100 (4) and 5200 (6) for treatment of the income and resources of a person excluded under this provision.
Resources - Other than as indicated in 1322.1 (9), resources are to be verified prior to approval only if inconsistent with other information on the application, previous applications, or other documented information, and the resource affects the household's eligibility or benefit level. Inconsistent resource information shall be identified in the case record with sufficient documentation and verification to support the agency's action in the event of appeal or for Quality Assurance review.
Utility Standards - Entitlement to the Standard Utility Allowance, Limited Utility Allowance, or the Telephone Standard Allowance, per 7226.3 , shall be verified if questionable.
Dependent Care Expenses (Food Assistance and TANF Only) - The obligation to pay dependent care is to be verified before the expense can be allowed, if questionable. For persons receiving Child Care Subsidy, the fact that a family share has been determined is adequate verification of the obligation. If the actual family out of pocket obligation is greater than the family share, the client must verify this additional expense, if questionable, before it may be used as an expense. For both TANF and food assistance, if appropriate verification of a questionable dependent care obligation is not provided, the expense cannot be allowed. If verification of the questionable obligation is provided later, the verification is to be treated as a change in circumstances and the household's benefit level is to be rebudgeted with the updated verification. Also refer to 7211 (3) and 7224.
Homeless Shelter Expenses (Food Assistance Only) - If questionable, the homeless shelter expenses shall be verified at the time of initial application, review and at the time of a change (including changes reported at Interim Report or 12-Month Report) that increases benefits. If verification of the questionable cost may delay the household approval, the worker shall advise the household that eligibility and benefit level may be determined without providing the deduction for the claimed but unverified homeless shelter expense. If the expense cannot be verified within 30 days of the date of application, the agency shall determine the household's eligibility without providing a deduction for the unverified homeless shelter expense. If the household subsequently provides the missing verification during the review period, the household's benefit level shall be redetermined. The household shall be entitled to the restoration of any benefits lost as a result of the disallowance of the expense only if the agency failed to allow the household 10 days to verify the expense. Any increase in benefits shall be provided the month following the month the missing verification is provided. If the homeless shelter expense is not questionable, the expense shall be allowed without verification.
Crime Attestation (Food Assistance Only) - If a n individual is convicted of a crime listed in KEESM 2553 and verbally confirms that they are complying with the terms of their sentence, they may be eligible for Food Assistance. If information is questionable, verification of the crime conviction and compliance with the sentence is needed. In this situation the case cannot be pended awaiting verification or denied for failure to provide verification.
1400 Application Process, Case Disposition, and Written notice of Case Action
1410 Application Process
1411 General Information - Submittal of a paper or online application with name, address and signature shall be considered a request for assistance. A telephonic signature and electronic signature techniques including typed signature is a valid and legal signature. Ineligibility for any program does not automatically render the applicant ineligible for other programs. For food assistance and cash purposes, a face-to-face or telephone interview is required at the time of application (See 1412.4 )
Based on the provisions of 4000 , an application shall include all persons who are required to be in the assistance plan. A new application is not required to add additional household members to existing programs.
Intake may be limited to providing the application form unless the applicant makes an additional request. If there is an intake interview, it must provide the applicant an opportunity to state his request and explain his situation and enable the agency to provide the applicant with needed information or to refer him to other staff members or other agencies for the help requested.
The application form together with the EES worker's records (if any), the necessary forms (budgets, notices of action, narratives, etc.), and any required verification must substantiate eligibility or ineligibility.
At the time of application processing, each month shall be viewed separately in determining eligibility or ineligibility. For example, if an application is filed in July but processed in August, ineligibility in August shall not affect the eligibility determination for the month of July.
Minimum Documentation required for each application/review processed which must be documented in the case file include the following:
Programs considered for eligibility
Assistance planning/household composition by program (including reasons for excluding mandatory person in assistance plan)
Student Eligibility (including reasons students are included or excluded)
Resource information (including reasons for exempting a countable resource or counting an exempt resource)
Income (Include a list of paychecks and/or calculations used in prospective determinations or in establishing an average)
Explanation of Program Denial (Must include detailed explanation of denial).
Expedited food assistance service shall be provided to households in immediate need. See 1415.1 .
An application for food assistance benefits can be filed at any Social Security Administration (SSA) Office for those households in which all members of the food assistance household are either applying for or receiving SSI benefits. For convenience, the application process for joint processing (SSA-DCF) has been separated from regular DCF application processing. The application process for households applying at the SSA office is discussed in 1417 .
1411.1 How to Apply - Applicable to All Programs - Application forms can be requested from any local DCF office, DCF access site, or KDHE-DHCF Outstationed Worker site. An application can be filed in person, through an authorized representative (for Food Assistance), by mail, by fax, or electronically online. See also 1411.5 regarding Universal Access. DCF has one paper application form for food assistance, TANF (including Refugee) and Child Care. The revised ES-3100 is now titled “Application for Benefits”.
The revised ES-3100 has space for 6 persons in a household. If the household is applying for more than 6 persons, they should complete the ES-3100 Addendum – Additional Persons. Each page (front and back) contains questions for 2 persons.
DCF offers online applications. The DCF online application allows an individual to apply for the Food Assistance, Temporary Assistance for Needy Families (TANF), and Child Care programs. When an application is requested, the local DCF office shall help the household identify their service needs and assure that the individual receives all necessary applications. For example, an individual expressing concerns about not having enough food should be encouraged to apply for food assistance benefits. The individual shall be encouraged to file the application the same day – in person, by fax, or electronically online. (See 1411.2 below for the application date of an online application). An application shall be mailed to the household the same day the request is received.
NOTE: If the applicant household is homeless and they have no physical street address to list, the application shall be so noted and accepted by the agency.
For ongoing recipients who have completed the ES-3100 application form and who subsequently request additional assistance under a different program (e.g., a Food Assistance recipient who requests cash assistance) and for situations in which an additional program is added to a pending ES-3100 application based on a client's request, the following provisions shall apply:
If the new program (including the Income Eligible child care) is requested within the month following the month of application or in the first month of the new review period, a new application, signature, or interview is not required (assuming an interview has already occurred for the open program). The date of proration shall be the date the additional request is first received – either orally or in writing, by the agency. See 7401 .
If the new program is requested after the month following the month of application or after the first month of the review period, a new application and interview (if applicable) are required.
No new application is required if the agency initiates the new program, such as when transitioning TANF Child Care to Income Eligible Child Care or when a TANF work program participant verbally requests Child Care Subsidy.
If a Foster Care Child Care case has been open within the last 12 months, a new request for child care is received and all necessary information verified, Foster Care Child Care may be reinstated with a new 12-month eligibility period. No new application is required.
1411.2 Application Date - The date of receipt of a signed paper application in a DCF Service Center or Outstationed Worker site is considered the application date for establishing initial eligibility. The date that a telephonic signature is obtained by the agency shall be considered the application date.
All signed applications shall be date-stamped the date received in the DCF Service Center or the Outstation Worker site. For information regarding a faxed or copied application form, see 1212.2 . NOTE: Date-stamping of an application by non-agency personnel does not constitute a date of receipt for application purposes.
Online applications – The date the online application (which is electronically signed) is submitted through DCF is received shall be considered the application date if it is received before 5:00 pm (or closing time) when submitted on a business day. If the application is submitted after 5:00 pm (or closing time) on a business day, weekend, or holiday, the application date is the following business day.
Applications with no program request – The application date for a paper application received with no indication of the program(s) being requested is the date the application is received in the local DCF office or Outstationed Worker site. Immediate contact with the applicant must be made to determine which programs are being requested. The programs requested shall be registered using the date of receipt as the application date for those programs only. Any subsequent request for other programs by the applicant shall be registered with an application date based on the date of request [See 7401(10) ].
Example 1: An individual files an application for assistance on June 1, but fails to indicate on the form which programs he/she is requesting. The agency contacts the applicant on June 3 to determine he/she is requesting cash, medical, and food assistance. Those programs are registered with an application date of June 1. Example 2: An application for food assistance is received on March 2. During the face-to-face interview on March 5, the applicant also requests TANF and Child Care assistance. These additional programs are registered with an application date of March 5.
Unsigned applications – If paper applications, received either through the mail, left at the DCF office, or left at the Outstationed Worker site, are not signed by the applicant or legal representative, the agency will attempt to obtain a telephonic signature. If the attempt is unsuccessful or the applicant is unwilling or unable to provide the telephonic signature, the application will be returned to the applicant by mail. The entire application shall be returned to allow the applicant to review his/her answers prior to certifying under penalty of perjury that all answers are correct and complete to the best of their knowledge. A cover letter ( Appendix P-15 ) must be attached to the application explaining the need to sign the application and return it to the appropriate office for processing. Applicants can return page 3 of the ES-3100 and establish the filing date as long as that page contains the applicant's name, address, and signature. The application must be completed and submitted, however, to determine eligibility.
1411.3 Who May File - An application for assistance shall be made by the individual in need or by another person able to act in the individual's behalf. See 1523 , 2110 and 2220 . If the applicant or his representative signs by mark, the names and addresses of two witnesses are required. Obtaining the signatures of all persons in the family group who are requesting assistance and able to act in their own behalf per 2110 is encouraged, but cannot be required.
Filing for Institutionalized Individuals (Not applicable to Food Assistance Program) - When possible, all necessary information and signed forms will be obtained by institutional personnel. Parents, spouses, guardians/conservators and others who may apply on behalf of the individual per 2110 must always be given the opportunity to apply on behalf of an institutionalized person not able to act in his own behalf. If institutionalized personnel are unable to obtain an application from the patient or any of the above individuals, the administrator of a licensed facility may apply on behalf of the patient. For minor children, if the length of stay will not exceed 30 days so that parental income and assets are considered, hospital staff are not be able to complete the application process. General hospitals are not regarded as a licensed facility for this purpose. Complete applications will be forwarded to the DCF office for processing. All information pertinent to eligibility and known by institutional staff will be communicated to the local office. When the institution acts as an employer to the patient, institutional personnel will be responsible for reporting all earnings to the local DCF office. Generally, the local DCF office where the institution is located will process new applications. (See 1411.5 regarding Universal Access.) However, when appropriate, the local office shall determine whether the individual is currently included on an open cash or child care case before processing. If the individual is included on a currently open case, the application shall be denied. The referral and a copy of the application shall be sent to the current county where the appropriate case action will be taken to certify eligibility to the institution. (See 9200 (ICT).)
Filing for Individuals Being Released from State Correctional Institutions - Discharge staff at the 9 State Correctional Facilities may begin the application process for potentially eligible inmates a maximum of 30 days prior to their release . The correctional facilities are El Dorado (Central, North, and Toronto Unit), Ellsworth, Hutchinson (Central, East, and South Units), Lansing (Central and East Units), Larned (Central and West Units), Norton, Topeka, Wichita Work Release Facility, and Winfield In such instances, the inmate can sign the application as of the date of completion and the application can be filed with DCF. The application shall be registered in the system at the time of receipt. However, the application is not valid until the release date. Once the agency receives the application, a worker will conduct an interview with the inmate by telephone. If the individual is otherwise eligible, the processed application will be held until the individual is released and benefits can be issued. The agency shall make an eligibility determination and issue benefits within 30 days following the date of the applicant's release from the institution. If, for any reason, the agency is not notified on a timely basis of the applicant's release date, the agency shall determine benefits based on the date of release. See also the provisions of KEESM 1417 regarding Food Assistance and processing of SSA applications for inmates of public institutions. Assistance shall be determined based on the living arrangement the person is residing in upon release. For cash purposes, the shelter standard for the county of placement shall be used in establishing the need standard for persons placed in independent living arrangements. Assistance for the individual shall be prorated for the first month of assistance based on the date of application/discharge.
1411.4 Withdrawing the Application - The household may voluntarily withdraw its application at any time prior to a determination of eligibility. The agency shall document in the case file the reason for withdrawal, if any was stated by the household, and that contact was made with the household to confirm the withdrawal. The household shall be advised of its right to reapply at any time subsequent to withdrawal.
However, when an a TANF applicant has been requested to submit to suspicion-based drug testing for TANF, a request for withdrawal or case closure to avoid a drug test, does not override a drug test request. Explanation of consequences of the drug test failure is required. See KEESM 2660. This does not apply to food assistance.
1411.5 Universal Access - Although an application is normally made in the county of residence, an individual or family can apply for and receive benefits in an area other than where they live. The DCF service center where the application is filed shall inform the client of the possible options, considerations, and consequences of having the case processed and managed from a service center other than the service center which would ordinarily serve residents of that county. If the client chooses to have benefits and services established and maintained in the service center where originally filed, the service center shall process the application and, if approved, manage the case unless there is a good reason not to. The individual would usually be expected to access all like services from the same service center except where such services need to be accessed from different locations.
The ability to be served in an area other than where the person normally resides may be appropriate when:
the natural center of business for the person is in another county;
needed services are available in the service center chosen and not where the individual lives;
applying for a family member, who lives in another county (e.g., a parent who needs nursing facility care).
Being served in another service center would not be appropriate where the individual is shopping for better services or a different worker, to avoid negative consequences such as a work penalty, or where court jurisdiction does not allow the case to be handled in a different Region.
If an application is mailed or left at a county office that will not be responsible for processing the application, the office shall mail the application to the appropriate office on the same day, or forward it the next day by any means to insure the application arrives the day it is forwarded (such as FAX). However, as noted above, applications for Medicaid poverty level or Title 21 coverage for children will be mailed to the KanCare Clearinghouse.
1411.6 Registration of Applications – Applications for all programs that are not entitled to expedited benefits, must be registered within two business days of the date of application (see 1411.2 ). Applications that are entitled to expedited benefits must be registered within one business day of the date of application. For example, a non-expedited online application is submitted on a Saturday. The application date is Monday, and the application must be registered by close of business on Wednesday. Or a non-expedited online application is received submitted on the Wednesday before Thanksgiving. The application date is the following Monday and the application must be registered by close of business on Wednesday. For expedited, the same policy applies except the agency has only one day to register the application. So, an expedited application submitted online on a Saturday must be registered by close of business on Monday. Or an expedited paper application is received on a Friday and it must be registered by close of business on Monday. Applications received without a benefit program request must be registered within two business days of the date the agency determines the programs for which the client is applying. Applications that are entitled to expedited benefits must be registered within one business day of the date the agency determines the programs for which the client is applying. See 1411.2 .
1412 Interview Process
1412.1 Interviews - All applicants for cash and/or food assistance, including those submitting applications on-line or by mail, shall have an interview via telephone, face-to-face in the DCF office, or other mutually acceptable location with a qualified eligibility worker prior to initial certification and all reviews. The applicant may bring any person he/she chooses to the interview. For special provisions regarding interview requirements, see 1412.4 .
The agency shall schedule an interview for each applicant that is not interviewed on the day the application is submitted, even if the household appears to be ineligible based on information provided on the application form (e.g. excess income, excess resources). Interviews shall be scheduled as promptly as possible to insure that eligible households receive an opportunity to participate within timely processing standards. The agency must notify each household that misses its interview appointment that it missed the scheduled interview and that the household is responsible for rescheduling the missed interview. If the household contacts the agency within the 30 (food assistance) or 45 (cash) day application processing period, the agency must schedule a second interview.
NOTE: The notice of missed interview is automatically sent by the system when an interview has been indicated but not completed or marked as exempt.
NOTE FOR CHILD CARE: An interview is recommended at the time of the initial application for the purpose of developing the childcare plan, and providing program information and information on choosing quality child care. However, an interview is not required. If sufficient information is not provided on the application and the client cannot be reached for an interview, necessary information that cannot be obtained through collateral contacts must be requested in writing from the client, allowing 10 days from the date of the request to provide it.
NOTE FOR TANF: A face-to-face interview is recommended at the time of the initial application. 1412.2 Who May Be Interviewed - The individual to be interviewed may be any one of the following:
Primary Applicant;
Spouse;
Any other responsible member of the household. NOTE: The household will normally designate the responsible member to represent them. However, the worker may call that designation into question, particularly if the member is unable to complete the application process. In that case, the worker shall request that the household designate another person or find an alternate means to conduct the interview. The ability of the individual to accurately portray the household's circumstances should be emphasized. Minor children are not to be interviewed or used for interpretation, even at the request of the parent.
Authorized representative for food assistance (see 1523 ).
1412.3 Agency's Responsibilities For the Interview - The agency shall:
Schedule all interviews as promptly as possible to insure eligible households receive an opportunity to participate within timely processing standards.
Review the information on the application.
Explore and resolve with the applicant any unclear, incomplete, or inconsistent information.
Advise the applicant of his/her rights and responsibilities during the interview, including the appropriate application processing standard and the household's responsibility to report changes.
Conduct the interview in private as an official and confidential discussion of household circumstances.
Protect the applicant's right to privacy during the interview. Facilities shall be adequate to preserve the privacy and confidentiality of the interview.
Provide households subject to change reporting with an oral and written explanation of their responsibility to report changes, what changes to report, what verification must accompany the report, and a change report form. Provide households subject to simplified reporting with an oral and written explanation of their responsibility to report changes, how to complete and return an interim report or 12-month report, and what verification must accompany the interim report or 12-month report.
Provide households subject to work related requirements with an explanation of performance expectations, individual responsibility, employability, and available agency and support services. Households exempt from work related requirements should be advised of the opportunity to volunteer for these services. All TANF adults will be referred to employment services. TANF households should be advised of the 24-month time limit.
Inform clients of all types of child care available and how to access each type. Assist families in selecting an appropriate, quality child care provider and provide the name and number of the local Child Care Resource and Referral Agency.
Screen applicants at the time of application to determine whether current or former victims of sexual harassment and survivors of domestic violence, sexual assault or stalking are involved in the individual's current need for assistance. DCF requires that all DV/SA victims have access to assistance when needed and if otherwise eligible. Notification includes information about extension of time limits for victims of sexual harassment and survivors of domestic violence, sexual assault or stalking victims and confidentiality for disclosures. TANF time limits may be extended to 36 months, in lieu of the mandatory 24-month life time limits. Suggested screening questions are on the system. See the KEES user manual for more information about entering the Family/Person Safety Questions. DVSA services must be offered. A referral for DVSA services must be made if the client chooses to participate at any time by completing the ES-4416 DCF/DVSA Referral Form and sending it to DCF.EESDVSA@ks.org. Local services are available on the Kansas Coalition Against Sexual Assault and Domestic Violence web site: http://www.kcsdv.org .
1412.4 Telephone Interviews - A telephone interview shall be scheduled in lieu of a face-to-face interview for applications that are received through the mail, submitted online or dropped off at the local office. A date and time for the telephone interview must be provided to the household. A two-hour window-of-time should be used when scheduling the telephone interview. A shorter window-of-time can be used, but a window-of-time longer than 2 hours cannot be used. Face-to-face interviews should still be conducted for households who apply in person at the local office and the household stays for the interview. A face-to-face interview can also be required using prudent person judgment based on the household’s circumstances and the agency’s needs. A home visit may be used for the interview if needed, as long as it is scheduled in advance (advance notice only required for food assistance). If a telephone interview is scheduled and the household requests a face-to-face interview, it must be granted to any household which requests one. For food assistance, if a face-to-face interview is requested and the household claims any of the hardships noted below, a telephone interview must be substituted for the face-to-face interview:
Households which have no earned income and all members of the household are elderly or disabled.
On a case-by-case basis because of household hardship situations which include but are not limited to: illness, transportation difficulties, care of a household member, hardships due to residency in a rural area, prolonged severe weather, or work or training hours which prevent the household from participating in an in-office interview.
A face-to-face interview must be granted to any household which requests one.
1413 Time In Which Application is to be Processed and Case Disposition - All applications shall be approved or denied on a timely basis except when a determination of eligibility cannot be made within the required period due to the failure of the applicant or a collateral to provide required information. Written notice must be given the applicant by the end of the required period giving the reason(s) for the delay. The approval of an application from a non-citizen who is otherwise eligible may not be delayed beyond the timely processing time frame due solely to the fact that no USCIS SAVE response to a request for verification of immigration status has been received.
Timely action is defined as follows:
Cash Applications - Within 45 days of the application date. Refer to 1411.2 . For management purposes the agency shall strive to process cash applications within 30 days.
Food Assistance Applications - Within 30 days of the application date for households not entitled to expedited services. Refer to 1411.2 . For households entitled to expedited service, the application must be processed within 7 days of the application date, so the person can access benefits on the 7 th day from the date of application. An exception to the above shall be granted for residents of public institutions who apply jointly for SSI and food assistance benefits prior to release from the institution per 1417 . For residents of public institutions who apply for SSI and food assistance prior to their release from the institution, the worker shall provide an opportunity to participate as soon as possible, but no later than 30 calendar days from the date of release of the applicant from the institution. (SSA will notify the appropriate DCF office of the date an individual is released from an institution. This notification should occur just prior to the date of release.) For food assistance, the 30- and 7-day period is determined by using the day following the date the application is filed as day number one of the period. For food assistance applications to be considered timely, the household must be provided the opportunity to receive (access) their food assistance benefits by the last day of the processing period. To ensure that timeliness is met, the non-expedited application must be approved in time to allow 4 mail delivery days for the Kansas Benefits Card. The approval notice will be mailed the first mail day after approval to allow time for the household to access benefits by the 30 th day. Note: Even if the household already has an active EBT card according to the ebtEDGE Web Admin system, it will be unknown to the agency whether the person still has possession of the card, thus processing will still have to allow for the 4 mail delivery days for the Kansas Benefits Card for non-expedited approvals. For expedited applications, the application must be coded on the system as expedited when the application is registered. This will result in an inactive Kansas Benefits Card being mailed (unless the household already has an active EBT card according to the ebtEDGE Web Admin system) to the household that day if the registration is done before noon, or the next day if done after noon. Benefits must then be approved on or before the 6 th day from the date of application for benefits to be in the overnight batch file issuance, or on the 7 th day for an immediate issuance. The household shall either be told of approval at the time of interview/approval processing or a A phone call to the household letting them know that benefits can be accessed will be required to insure that the household has access to the benefits on the 7 th calendar day from the date of application. Document the approval discussion (either in-person or on the phone) to insure timeliness. This also applies to 30-day processing if necessary to insure timeliness is met.
Child Care - Within 30 days of the application date for all applications except those from families participating in the Kansas Early Head Start/Child Care (KEHS/CC) Partnerships. Refer to 1411.2 . For TANF applicant/recipients and food assistance work program participants, the request for a child care subsidy may be made verbally and must be documented in the file by EES staff. The basis for the number of hours approved for childcare benefits must also be documented in the file. For ease of administration, an application is not be required for those clients in transition from TANF child care to Income Eligible child care. The need for continued child care and financial eligibility shall be documented in the case file using current information. See 2830 .
Eligibility for service is determined from the date of request. For child care needed for qualifying social service reasons, the service start date is indicated on the Request for Social Services Child Care ES-1627 and shall be used as the date of request. If the child is an adjudicated juvenile offender in the custody of JJA, an application and documentation of JJA custody are also required. (See 2831 and 2835 ).
Applications from families participating in the KEHS/CC Partnerships (as identified by the referral form) must be processed within 7 calendar days of the application date. Referrals received from KEHS for families participating in the Child Care Partnerships and already receiving child care assistance are also required to be processed within 7 calendar days of receipt of the referral.
1414 Disposition of Applications - The purpose of this section is to provide instructions regarding the procedures which follow the determination of eligibility or ineligibility for assistance. Eligibility/ineligibility is certified using the eligibility system procedures.
One of the following case actions must occur within the established time period outlined in 1413 . NOTE: For food assistance, no household shall have its food assistance application denied solely on the basis that its application for another program is being denied, or its benefits under another program have been terminated, without a separate determination that the household failed to satisfy a food assistance eligibility requirement. Households that file an application for food assistance and another program and are denied benefits for the other program shall not be required to file another application for food assistance, but shall have its food assistance eligibility determined based on the original application in accordance with the processing time frames of 1413 from the date the application for multiple programs was initially filed.
1414.1 Approval - A notice of approval(s) shall be sent for all programs determined eligible. Notices must contain the amount of benefits and the beginning and ending dates of the review period.
Approved - An application shall be approved for cash, food assistance and childcare assistance if the applicant meets all conditions of eligibility as substantiated by his statement and/or other necessary information. All households are to be notified of the appropriate reporting requirements upon approval for benefits. See 9120 .
For child care, if provider enrollment needs to be established by DCF and is not completed within the 30 day application processing time frame, financial eligibility shall be established. If financially eligible, the application shall be approved. The client shall be notified that child care plans and benefits cannot be established until an DCF approved provider has been enrolled . See 10000 regarding provider selection, enrollment. and payment procedures.
1414.2 Denial - A denial shall be processed to assure that the applicant is provided with his/her denial notice in a timely manner. A notice of denial shall be sent at the time of denial, clearly explaining the reason for the denial.
Found Ineligible- All Programs - An application shall be denied if the applicant is found to be ineligible (i.e., excess income, excess resources, etc.) as soon as possible, but not later than 30 days (Food Assistance/Child Care) and 45 days (cash) following the date the application was filed. If participation is subsequently desired, such households must file a new application. In no case does the denial of the application abridge that individual's right to reapply at any time.
Missed Scheduled Interview - Cash - An application shall be denied following the missed appointment when the applicant has failed to appear for the scheduled interview (which can include a scheduled telephone interview) and has made no subsequent contact with the agency to reschedule the interview and pursue the application. If the household requests and completes the interview at any time during the initial 45-day application-processing time period, the original application must be processed and, if eligible, benefits prorated from the date of application. Food Assistance - An application shall be denied on the 30 th day following the date of application when the applicant has failed to interview and has made no subsequent contact with the agency to reschedule the interview and pursue the application. The application may not be denied prior to the 30th day following the date of application. When the food assistance applicant misses the scheduled interview, the agency is required to send the household a Notice of Missed Interview (NOMI). The NOMI notifies the applicant that they have missed their interview appointment, that they are responsible for rescheduling the interview, and that their food assistance application will be denied on the 30th day following the date of application unless they complete an interview. If the household requests and completes the interview in the second 30 days from the date of application, the application shall be reactivated and, if eligible, benefits prorated from the date the interview was completed. In the latter situation, efforts shall be made to interview the client on the same day an interview is requested. If, however, the agency is unable to interview the client the same day an interview is requested, the agency may schedule a later interview, provided benefits are prorated from the date the interview was requested. The date of application shall be the date the interview was requested. NOTE: Denials for failure to complete an interview take precedence over denials for failure to provide information. For food assistance, this means that if the applicant fails to complete the interview process and fails to provide information requested prior to the interview, the application cannot be denied (early) for failure to provide information. It must instead be denied for failure to complete the interview process and denied on the 30th day per item b. above.
Failure to Provide Required Information/Cooperation - For cash, food assistance and child care, an application shall be denied after a period of 10 days from the date of a written request for information, but no later than 30 (food assistance/child care) and 45 (cash) days from the date of application when the applicant has failed to provide required information or cooperate with eligibility requirements. For food assistance and TANF, the applicant must be informed orally and in writing of the 10-day standard and the date by which the verification /cooperation must be received. If the information is subsequently received or the household cooperates within the 30 (food assistance/child care) and/or 45 (cash) day application processing time period, the application shall be reactivated and, if eligible, benefits prorated from the date of application. For all programs except food assistance, if the information/cooperation is not received within the above time frames, then the client must re-apply. See NOTES that follow. NOTE: Food Assistance Only - If the information/cooperation is not received within the 30-day application processing time period, and the household does cooperate or provide information within the second 30 days of the date of application, the application shall be reactivated and, if eligible, benefits prorated from the date the required information/cooperation was received. The date of application shall be the date the required information/cooperation was received.
Another Agency Assumes Responsibility - The agency may dispose of the application if another agency assumes complete responsibility for meeting the applicant's need.
Cannot be Located - The agency may dispose of the application if the applicant has moved and cannot be located. The agency shall not send a notice of decision.
Dies - The agency may dispose of a cash assistance or food assistance application if the applicant dies before the application is processed and there is no surviving spouse living in the home. If there is a spouse, the agency shall send a notice of the decision which shall include a statement that if the spouse is in need that person may wish to discuss his or her situation with the agency.
Failure to Meet Work Related Requirements (Cash) - The agency may deny the application for cash assistance for the mandatory filing unit if an individual member has a potential employment violation or an applicant work program assignment failure. If the individual is not able to act in own behalf, only the individual is ineligible. NOTE: If the individual cooperates in the 45 day processing timeframe, the application is reinstated and benefits prorated from the date of application (see 3522 ).
1414.3 Pending - If a decision cannot be made on an application within the applicable timely processing period because of agency delay, the application shall not be denied. The worker shall notify the applicant(s) that its application is still pending, and what action, it must take to complete the application process and what date the action must be taken or the case will be denied.
1415 Expedited Service for the Food Assistance Program - Expedited service shall be provided to eligible applicants for food assistance. Specific requirements are delineated in the sections that follow.
1415.1 Expedited Services for the Food Assistance Program - Households entitled to expedited service shall be certified and their food assistance benefits made available not later than the 7th calendar day following the date the application was filed.
All local offices shall insure that procedures are designed to identify households eligible for expedited service at the time the household requests assistance. The intake worker, receptionist, or other qualified employee shall be responsible for screening applications to determine need for expedited service. When it is determined that a household is entitled to expedited service, efforts shall be made to conduct the interview on the same day the application is filed. Timely processing for expedited services is determined from the date of application, therefore determining eligibility for expedited services must occur on the date of application.
Households Entitled to Expedited Service - The following households which are otherwise eligible for food assistance shall be entitled to receive expedited service: Households which anticipate receipt of less than $150 ($149.99 or less) gross countable income in the month of application, provided their cash on hand and money in checking and savings accounts does not exceed $100; or Households whose combined monthly gross countable income and liquid resources are less than the household's monthly rent or mortgage and utilities. For the purpose of determining entitlement to expedited service under this provision, the worker shall use rent or mortgage as reported on the application form and the utility standard if entitled. If not entitled to a utility standard, use actual utilities as appropriate. Once eligibility for expedited service has been determined, the expedited benefit amount shall be determined by using the SUA, LUA, TS, or actual expenses(s) per 7226.3 . If the household is not entitled to the SUA, LUA, or TS, actual expense(s) verification shall be requested, however, verification shall be postponed if necessary to be within the expedited services time frame; or NOTE: When calculating rent/mortgage costs, separate fees for payment of other shelter expenses, such as condominium fees or homeowners’ association fees are NOT to be included when determining eligibility for expedited services. If the fees are included in the monthly rent/mortgage payment, then they are allowable. Households comprised of migrant or seasonal farm workers who are destitute as defined by 1416 , provided their liquid resources do not exceed $100.
NOTE: Gross countable income shall include any cash benefits that have been or can reasonably be anticipated to be authorized for and received in the month of application. When determining if a household is entitled to expedited services, if any information or verifications are pending for cash purposes, it cannot be reasonably anticipated that cash benefits will be authorized for and received in the month of application. Other circumstances in a case may also lead to the conclusion that cash benefits cannot reasonably be anticipated to be authorized for and received in the month of application, in which case the household shall, if otherwise eligible, be entitled to expedited service.
Entitlement to Expedited Service - Households shall be provided expedited service under this provision only for the month of application. Expedited service does not apply at review when the household reapplies before the end of its current review period. If the household reapplies after the review period has ended, an application is considered to be filed and the household is entitled to expedited service if appropriate.
Processing Standards - Households entitled to expedited service (including residents of alcohol or drug treatment centers and residents of group living arrangements) shall be certified and their benefits made available not later than the 7th calendar day following the date the application was filed.
If expedited benefits cannot be provided timely using regular processing, then immediate issuance procedures will be necessary. (See 1513.2 (3)).
1415.2 Exceptions to Expedited Timeliness Standards - Exceptions to these expedited timeliness standards are:
Out-of-Office Interviews - If a household is entitled to expedited service and a face-to-face interview is not conducted on the date of application, a telephone interview shall be conducted and the application process shall be completed within the expedited service standards. If a telephone interview was conducted and the application was not signed, the agency will offer to the applicant the telephonic signature option during the telephone interview. If the applicant is unable or unwilling to provide the telephonic signature, then the application must be mailed to the household for signature. The mailing time involved will not be calculated in the expedited service standards. The first day of this count is the calendar day following the receipt of a signed, identifiable food assistance application in the appropriate food assistance certification office.
SSI/Food Assistance Joint Processing - Households applying for SSI and food assistance at the SSA office and entitled to expedited service, shall be certified and their benefits authorized, following the processing standards of this section, starting with the date the SSA-transmitted application was received in the appropriate DCF office.
SSI/Food Assistance Pre-Release Processing - For a resident of a public institution who applies for benefits prior to their release from the institution in accordance with 1417 and who is entitled to expedited service, the date of filing of the application is the date of release of the applicant from the institution. (SSA will notify the appropriate DCF office of the date an individual is released from an institution. This notification should occur just prior to the date of release.)
1415.3 Special Procedures for Expedited Service - The agency shall use the following procedures when expediting certification and issuance. These procedures allow for postponing some verifications. To insure expedited timeliness, verifications should be postponed as much as practicable, with the exception of the items that follow. Note that postponing verification does not apply to the interview. All persons who apply for food assistance, including persons entitled to expedited services, must be interviewed (face-to-face or telephone) prior to processing of the application. Also, as noted below, the identity of the person making application must always be verified.
Verification - All verification rules for processing an initial application apply to expedited service (refer to 1322 ); however, the worker shall, if necessary, postpone any required verification except: The identity of the person making the application must always be verified; and All reasonable efforts shall be made to verify, within the expedited processing standards, the household's residency, income statement (including a statement that the household has no income), and all other factors required by 1322 , through collateral contacts or readily available documentary evidence. In addition, the determination of a potential employment penalty shall be postponed if a determination cannot be made within the expedited processing standard If the household is able to provide all needed verification within the time frame required for processing and delivery of expedited service, verification shall be completed. Verifications postponed to comply with the expedited service time frames must be completed before a second month's benefits can be issued; except, migrant households in the migratory stream shall be allowed to postpone verification from out-of-state sources an additional month if necessary one time during the migratory season. Once the household has supplied the name of a collateral contact or has asked the agency for assistance in locating a collateral contact, the collateral contact shall be contacted immediately or the household otherwise assisted in obtaining the necessary verification. The worker is not required to use the collateral contact designated by the household if that person cannot be expected to provide an accurate third-party verification. If the person designated by the household is unacceptable, the household shall be asked to designate a second person; however, the worker is responsible for obtaining the required verification from the collateral contact. In situations where the initial collateral contact is rejected, or if a collateral contact is used in lieu of documentary verification, the worker shall document in the case record the reason for this decision.
Social Security Numbers - The requirement to provide a Social Security number for each household member may be postponed for households entitled to expedited service. The household will, however, be required to furnish a Social Security number for each person, or apply for one for each person who does not have one before the second month's benefits can be issued unless they meet the good cause criteria. If good cause is established, the second month's benefits can be issued. Refer to 2130 .
Work-Related Requirements - The worker shall attempt to verify questionable work exemptions but shall postpone those which cannot be accomplished within the expedited service time frames.
Review Period - Special procedures for assigning review periods for expedited service households are as follows: Households that are certified on an expedited basis and have provided all necessary verification required in 1322 prior to certification shall be assigned a normal review period, provided they would otherwise warrant a longer review period. Refer to 9372 . If verification was postponed, the review period may be for the month of application and the subsequent month; or a normal review period may be planned if the household circumstances would otherwise warrant a longer review period. To insure that the second month's benefits are not issued until the postponed verifications have been provided, the worker shall only authorize the expedited month. The notice informing the household of entitlement to expedited Food Assistance must be sent to the household specifying the postponed verifications which must be provided before the second month's benefits can be issued. Household's shall be given 10 days to provide postponed verification. If the verifications are received, the case can be authorized for the remaining months of the review period. If the verifications are not received within 10 days of the date of request, the case shall be closed. When the case is closed, only an adequate notice of action is needed. For migrant households, when all in-state verifications have been received but out-of-state verifications have been postponed for an additional month, the household shall be required to reapply and provide all out-of-state verifications before a third month's benefits can be issued.
Notice of Approval - The local worker shall send the household a Notice of Approval as soon as expedited service is approved. When verification is postponed, the worker shall notify the household in writing with the Notice of Approval for expedited service that no further benefits will be issued until the postponed verification is completed. Migrant households entitled to the additional month's postponement for verifications from out-of-state sources shall be notified that they shall provide postponed verifications from within the State before a second month's benefits are issued and shall reapply and provide all verifications from out-of-state sources before being issued benefits for a third month. In addition, the household shall be advised that any changes in the benefit level that result from the verification received will be made without an advance Notice of Adverse Action.
Ineligibility for Expedited Service - Households requesting but not eligible for expedited service shall have their applications processed according to normal processing standards.
Reapplication After Expedited Service - If expedited benefits are only received for the month of application because postponed verifications were not provided, the household must reapply and complete the verification requirements which were postponed. The household does not need to complete a new application if postponed verifications are provided in the month following the month of application per KEESM 1423 . Benefits are not prorated if postponed verification is provided in the month following the month of application. There is no limit to the number of times a household can be certified under expedited procedures as long as, prior to each expedited certification, the household either completes the verification requirements that were postponed at the last expedited certification or has been certified under normal processing standards since the last expedited certification.
1416 Procedures for Destitute Migrant Households (Food Assistance Program Only) - Migrant or seasonal farm worker households may have little or no income at the time of application and may be in need of immediate food assistance, even though they receive income at some other time during the month of application. The following procedures shall be used to determine when migrant or seasonal farm worker households are destitute and, therefore, entitled to special income calculations. These special calculations shall be applied only at the time of application or reapplication, to the first month of the review period. Households other than migrant or seasonal farm worker households shall not be classified as destitute.
Migrant or seasonal farm worker households whose liquid resources do not exceed $100, and who are found eligible for the special destitute income calculations contained in this section shall also be provided expedited service. Refer to 1415.1 for the procedures and time frames for expedited service.
1416.1 Determining if a Household is Destitute - Migrant or seasonal farm worker households shall be considered destitute if:
Income from a Terminated Source - The household received their only income for the month of application prior to the date of application from a terminated source. If income is received on a monthly or more frequent basis, it shall be considered as coming from a terminated source if it will not be received again from the same source during the balance of the month of application or during the following month. Income normally received less often than monthly (e.g., every two months or quarterly) shall be considered as from a terminated source if it will not be received in the month in which the next payment would normally be received. For example: If income is received on a quarterly basis (i.e., January 1, April 1, July 1, and October 1) and the household applies in mid-January, the income should not be considered as coming from a terminated source merely because no further payments will be received in the balance of January or February. The test for whether or not this household's income is terminated is whether the income is anticipated to be received in April. OR
Income From a New Source - The household's only income for the month of application is from a new source and the household anticipates that no more than $25 from this new source will be received by the 10th calendar day after the date of application. Income which is normally received on a monthly or more frequent basis shall be considered to be from a new source if income of more than $25 has not been received from that source within 30 days prior to the date the application was filed. If income is normally received less often than monthly, it shall be considered to be from a new source if income of more than $25 was not received within the last normal interval between payments. For example: If a household applies in early January and is expecting to be paid every 3 months, starting in later January, the income shall be considered to be from a new source if no income of more than $25 was received from the source during October or since that time. OR
Income from a Terminated Source and a New Source - Households may receive both income from a terminated source prior to the date of application and income from a new source after the date of application, and still be considered destitute if they receive no other income in the month of application and income of more than $25 from the new source will not be received by the 10th day after the date of application.
1416.2 Income to be Considered When Determining if a Household is Destitute - All income not specifically excluded per 6400 shall be considered in determining if a household is eligible for the special destitute provisions. A migrant farm worker's source of income shall be considered to be the grower for whom the migrant is working at a particular point in time, and not the crew chief. A migrant who travels with the same crew chief but from one grower to another shall be considered to have moved from a terminated source to a new income source. In addition, the following special income considerations shall be made to income available to the migrant household:
Travel Advances - Some employers provide travel advances to cover the travel costs of new employees who must journey to the location of their new employment. To the extent that these payments are excluded as reimbursements, receipt of travel advances will not affect the determination of when a household is destitute. However, if the travel advance is, by written contract, an advance of wages that will be subtracted from wages later earned by the employee, rather than a reimbursement, the wage advance shall count as income. In addition, the receipt of a wage advance for the travel costs of a new employee shall not affect a determination of whether subsequent payments from the employer are from a new source of income nor whether a household shall be considered destitute. For example: If a household applies on May 10, has received a $50 wage advance for travel from its new employer May 1, which by written contract is an advance on wages, but will not start receiving any other wages from the employer until May 30, the household shall be considered destitute. The May 30 payment shall be disregarded but the wage advance received prior to the date of application shall be counted as income.
Prorated Income - Households whose income must be averaged on an annual basis or averaged over the period the income is intended to cover, as required by 7122 , shall have the income averaged and assigned to the appropriate months of the review period before determining whether a household is destitute. If the averaged income does not come from a new or terminated source and is assigned to the month of application, the household shall not be considered destitute. For example: A self-employed household whose total annual income is received in a few months in the year shall not be considered destitute simply because it does not receive payments in those months. If the income which must be averaged is itself from a new or terminated source, the receipt of the income in the month of application may result in a destitute determination if the averaged amount for the month of application is from a new source and will not be received by the 10th day after the date of application.
Earned Income from Same Source - In the following situations, households will not qualify as destitute. When a household member changes jobs but continues to work for the same employer, he/she shall be considered as still receiving income from the same source. When a self-employed household member secures contracts or other work from different clients, he/she shall still be considered as receiving income from the same source.
Income Calculations for Households Who are Found to be Destitute - Destitute households that apply outside a current review period shall have their eligibility and level of benefits for the month of application determined by considering only that income which was received between the first of the month and the date of application. Any income for that month received on or after the date of application shall be disregarded, and the household shall be eligible for expedited service if their liquid resources do not exceed $100. Refer to 1415.1 .
1417 Applying for Food Assistance at Social Security Administration (SSA) Offices and Pre-release Applications from Public Institutions - The Department for Children and Families and the Social Security Administration (SSA) have entered into an agreement whereby food assistance applications and informational brochures will be available to the public. In addition, certain types of households will be able to actually file an application for food assistance at the SSA office, be interviewed by SSA staff, and have their application forwarded to the appropriate DCF certification office. In most cases, this will occur at the time an individual is applying for or being redetermined for Supplemental Security Income (SSI) benefits. For this reason, this service will be referred to as "joint processing" throughout this manual. In addition to this service, SSA staff shall complete SSI and food assistance applications for residents of public institutions per 4230 (5) and forward the food assistance application to the appropriate certification office.
SSA offices are also required to notify all Title II Social Security applicants/ recipients of the availability of Food Assistance Program benefits and that an application can be obtained at the SSA office. However, no SSA processing of the application is required, nor is SSA required to accept and forward these applications to the local DCF office.
1417.1 Eligibility for Joint Processing at SSA Offices - In order to apply for food assistance at SSA offices, the potential food assistance household must be made up entirely of SSI applicants and/or recipients. Most households eligible for this service will be those visiting the SSA office to apply for SSI benefits for the first time. Also taking advantage of this special food assistance application process will be many present SSI households that are not currently participating in the Food Assistance Program, as well as SSI households that have received a notice of expiration from DCF and wish to reapply at the SSA office. Current SSI recipients applying or reapplying for food assistance at SSA offices will, in most cases, be asked at the time of their visit or telephone interview to complete the SSI redetermination process as well.
1417.2 Duties of the SSA Interviewer - The SSA will make every effort to provide DCF with applications only for pure SSI households which contain all information presented through the interview and available in SSA files. The SSA interviewer will proceed in the following manner:
Current Food Assistance Status Determination - Determine the current food assistance status of the household. It must be determined that the household is not currently receiving food assistance or, if so, has recently received a notice of expiration from DCF. It must also be determined that the household does not have a food assistance application for initial eligibility or review already filed and pending.
Household Composition - Establish that the household is made up entirely of SSI applicants and/or recipients.
Completion of the Application/Interview - Once the above two conditions are established, the SSA interviewer will complete the application form together with the applicant. This process constitutes the face-to-face food assistance interview. Telephone interviews done by SSA also meet the food assistance interview requirement. If the interviewer feels that expedited service for the household is a possibility, this service will be explained and the applicant will be advised that food assistance may be received sooner if he/she wishes to personally deliver the application to DCF.
Forwarding of Application to DCF - The application will be placed in the mail (unless the local DCF office provides courier service) within one federal working day. Accompanying the application will be a transmittal form (SSA-4233) giving all important information known to SSA. For those households that appear to be eligible for expedited service, the first page of the application will be marked "EXPEDITED PROCESSING".
Proof of Application With SSA - The SSA will keep a record of all food assistance applications forwarded to DCF. In the event one is lost in the mail, this record will constitute proof of the application's existence.
1417.3 Telephone Interviews by SSA - If the food assistance interview is handled by telephone, the interviewer will complete the application, mark it "TELEPHONE INTERVIEW" and mail it to the applicant for signature. The applicant will be asked to return it to the local DCF office by mail. If it is, instead, mailed back or delivered to the SSA office, that office will be responsible for forwarding it to DCF within one federal working day. The application resulting from a telephone interview is considered filed the day it is received by SSA or DCF, whichever agency to whom the applicant first returns it.
1417.4 DCF Action on Applications Filed with SSA staff - DCF has sole responsibility for determining eligibility of all households regardless of where the application was filed. Whenever an application is received from SSA, the local DCF office will determine eligibility based on normal eligibility criteria. There are, however, certain special procedures and rules which apply to jointly processed applications.
Screening Applications - Applications received from SSA should be immediately screened to determine if the household is already receiving food assistance and is not due for review. The application should also be screened for possible eligibility for expedited treatment and should be screened to determine if the applicant is still residing in a public institution awaiting release.
Processing Applications - If the application is appropriate (i.e., is not from a participating household not due for review), the local DCF office will process the application within the following guidelines: Except for applications taken for a resident of a public institution per 4230 (5), the first month of potential eligibility will be the calendar month in which the application was received by the SSA office. The 30-day processing period begins the day the application was received by the SSA office. If expedited, the 7-day processing period begins the day the application is received by DCF. For applicants residing in a public institution, the agency shall make an eligibility determination and issue benefits within 30 days following the date of the applicant's release from the institution. Expedited processing time standards shall also begin on the date of the applicant's release from the institution. SSA shall notify the appropriate office of the date of release of the applicant from the institution. If, for any reason, the agency is not notified on a timely basis of the applicant's release date, the agency shall restore benefits to such applicant back to the date of release.
1417.5 Waiver of DCF Interview - The SSA telephone or office interview is the only interview in which the applicant will be required to participate. The DCF worker may not request that the applicant visit the DCF office. The DCF worker may contact the applicant by telephone or mail only if:
The application is improperly completed;
Mandatory verification required by 1322.1 or 1322.2 is missing; or
The worker believes that certain information on the application is questionable.
1417.6 Verification on File at SSA - Information contained in the SSI file which is necessary for both SSI and food assistance eligibility determinations will be noted on the SSA transmittal sheet.
Such information is considered acceptable verification for food assistance purposes even though it is not present in the food assistance case file. For this reason, all SSA transmittal forms must be retained in the food assistance file. Documentary evidence pertinent only to the Food Assistance Program will be forwarded with the application.
1417.7 Verification Required on SSA-Filed Applications - The worker shall ensure that all mandatory items are verified prior to certification. Verification for households eligible for expedited service shall be dealt with as explained in 1415.1 (4).
Use of SDX and BENDEX - Benefits received through the Social Security Administration may be verified by using State Data Exchange (SDX) and Beneficiary Data Exchange (BENDEX). Both may be used without prior consent of the household. Information verified through SDX and BENDEX shall not be reverified unless it is questionable. Households shall be given the opportunity to provide verification from another source if all necessary information is not available on the SDX or BENDEX, or if the information obtained from these sources is contradictory to other household information.
Information Verified by SSA - The SSA interviewer will indicate on the transmittal sheet any information that has already been verified for SSI program purposes. Any documentary evidence which is acceptable for the SSI program and is retained in SSA files will be acceptable for food assistance purposes. The worker should retain all such transmittal forms as proof of verification.
1417.8 Reserved 1417.9 Notice of Expiration (Pure SSI Households) - A face-to-face interview shall be waived if requested by a household consisting entirely of SSI participants unable to appoint an authorized representative. DCF shall provide SSI households with a notice of expiration as discussed in 9320. In addition to the regular information on that form, SSI households shall be informed of their entitlement to the waiver of a face-to-face interview.
1417.10 Restoration of Lost Benefits - Lost benefits shall be restored to the household whenever the loss was caused by either the SSA or DCF through joint processing regulations. Such an error may include, but not be limited to, loss of the applicant's application after it has been filed with SSA. Lost benefits shall be restored in accordance with 11110.
1420 Case Disposition - Assistance may be suspended for individuals who are temporarily not eligible. See 7660 for suspending a child care payment. It may also be withheld in instances in which it would appear to affect eligibility or the amount of assistance but there is not enough information to make a final determination. Action to suspend payment must follow the advance notice requirements of 1431 .
1421 Provisions Specific to Cash and Food Assistance Eligibility -
Food Assistance - When there is prospective ineligibility for food assistance eligibility and the agency has reason to believe that the period of ineligibility will last for only one month, payment shall be withheld.
Cash Assistance - When there is prospective ineligibility for cash assistance, (including the Work Incentive payment), due to reasons other than earnings, the case must be closed even if the agency has reason to believe that the period of ineligibility will last for only one month. However, the case may be reopened in the month following case closure without requiring a new application. See KEES User manual for further information on how to rescind a program.
If the case fails income eligibility, and there are earnings included and eligibility for the Work Incentive payment exists, authorization for these payments may be made on the system.
Payment can also be withheld while awaiting information necessary to determine continued cash or food assistance eligibility. This might occur as a result of information reported on a change report form, interim report or 12-month report form which requires further investigation.
1423 Reinstatement of Assistance - In the following situations only, cash (including the Work Incentive payment), food assistance and child care programs can be reinstated in the month following the month of closure or suspension if the information/cooperation is provided by the end of the month following the effective date of closure/suspension and all other eligibility requirements are met.
When a food assistance case has been closed for failure to provide an interim report or 12-month report form;
When a food assistance case has been closed for ABAWD months and household provides documentation that work requirements or an exemption were being met during the countable months.
When the case has been closed/suspended for failure to provide information necessary to determine eligibility; and
When the cash, food assistance or child care case has been closed for failure to cooperate with Quality Assurance per 2123 .
For all programs a new application is not required for reinstatement purposes unless the current review period has expired. However, if the review form is returned in the month following the end of the review period it can be used to re-determine eligibility. Benefits shall not be prorated for all programs except food assistance. For food assistance, proration is applicable and expedited service must be determined when a Food Assistance household returns the review in the month following the end of their review period. All food assistance households who return the review in the month following the end of their review period must be screened for expedited service. However, if the parent is eligible to have TANF Child Care reinstated and an Income Eligible Child Care plan has already been established on the system, the Income Eligible Child Care plan will be terminated the last day of the current month and TANF Child Care will be reinstated effective the first day of the following month. The family share deducted for the current month shall not be adjusted. NOTE : All other case closures require a new application. A new application is required any time after the date of agency action to close a case.
Exceptions:
If a child care program is discontinued before the end of the established Guaranteed Eligibility (GE) period and an adult on the program requests child care to be reinstated before the end of that previously established GE period, eligibility must be reinstated for the remainder of that period unless the case was closed for one of the following reasons, which are considered hard closures:
The family moved out of state;
The case head passed away; or
The household's income increased so that the total countable income exceeded 85% of the state median income (SMI).
All other reasons that a program may be closed are considered soft closure reasons. Reinstatement of the child care program may occur if a child care program was closed for a soft closure reason without a new eligibility determination and application, but not if it was closed for a hard closure reason.
1424 Termination of Assistance - When recipient no longer meets the eligibility requirements for TANF or Food Assistance, action to terminate assistance, including termination of the child care plan/benefits will be taken as quickly as possible, taking into account timely and adequate notice in 1431 and 1432 , notification requirements related to information obtained through federal computer match in 1434 , fiscal processing deadlines, and child care policy for termination of a plan prior to the end of a 12-month eligibility period. For child care, assistance may only be terminated prior to the end of a 12-month eligibility period when one or more of the conditions of 7640 is met. Cash, food assistance, medical and child care case closures will always be effective the last day of a given month.
1430 Written Notice of Case Action - An applicant or recipient of assistance shall be notified promptly of the action taken on his case. The recipient of assistance shall also be notified of other changes such as an increase or decrease in the amount of the benefit, family share, scheduled hours, suspension, or reinstatement after suspension.
A notice of action shall be sent promptly to the applicant or recipient with a copy of any manually prepared notices filed in the case record. When appropriate, a copy must be made available on approvals, suspensions or closure to social services or CSS. Child care providers shall receive notification of termination (prior to the original end date) of child care plans/benefits.
Notices shall indicate clearly the action taken, the effective date, and such other information as the situation may require. If an application has been approved for cash, food assistance or child care assistance, the applicant shall be informed of the amount which he or she may expect to receive. If an application has been approved for child care, the client also be informed of the family share, if any, which is deducted before for benefits are issued, the date DCF will begin authorizing benefits and the scheduled hours used for benefit calculation. This information shall be provided via a copy of the child care plan. For all cash, food assistance, and child care approvals, notice must include the beginning and ending dates of the review period. For the Work Incentive Payment, notification of the case closure when implementing the payment is appropriate notice of closure. If an application is denied, the applicant shall be informed of the basis for this action. A similar procedure shall be followed for all other changes.
1431 Timely and Adequate Notice - The agency shall give timely and adequate notice of agency actions to terminate, suspend, or reduce assistance except as provided for in 1432 regarding dispensing with timely notice and in 1434 regarding negative actions resulting from information obtained through federal match data. See 9340 for further information on notice provisions for reviews.
Staff shall provide timely and adequate notice before Work Program Support Services or case management services are reduced or terminated. Staff shall provide timely and adequate notice before restricting cash payments to a payee when requiring a protective payment.
Timely and adequate notice of agency actions must also be given to clients to reduce, suspend, or terminate existing child care benefits.
When a child care plan is ended and there is no negative impact on the client (e.g., services will be continued with a different provider with benefits starting the 1st of the next month), timely and adequate notice of the termination of the plan is not necessary. However,the client and provider should be informed of the plan end date. See 7640 .
NOTE: When a child care plan is initiated, or the plan is suspended or terminated prior to the date originally set, a notice must be sent to the child care provider at the same time as the plan or notice is sent to the client. An approval notice to the provider will simply state that benefits have been approved for particular children for whom they have been named as provider from a beginning date to a date in the future. Notices to providers of benefit suspension or termination will simply state that benefits for particular children are being suspended or terminated effective with a specific date. A client's family share deduction and benefit amount are confidential information and will not be disclosed to the provider. Confidentiality of client case information should be maintained.
Adequate Notice - Adequate means a written notice that includes a statement of what action the agency is taking, the reasons for the intended agency action, an explanation of the individual's right to request a fair hearing, and the circumstances under which assistance may be continued if a fair hearing request is made. All notices must be adequate.
Timely Notice - Timely means that the notice is mailed at least 10 clear days before the effective date of action. Neither the effective date of action nor the mailing date shall be considered in determining this 10-day period. Closure notices must be mailed no later than the 20th of the month in 31 day months or the 19th of the month in 30 day months to be considered timely since the effective date of action for closures is always the last day of the month. For other negative actions, specifically benefit decreases (including decreases to $0) or spenddown/liability increases, notices must be mailed no later than the 21st of the month in 31 day months or the 20th in 30 day months as these actions take effect on the 1st day of a month.
1432 Adequate Notice Only - When only adequate notice is required, such notice may be received by the household at the time reduced benefits are received or if benefits are terminated, at the time benefits would have been received if they had not been terminated. The agency is not required to send timely notice but must send adequate notice not later than the date of action when:
T he agency denies an application for assistance. However, denials resulting from information obtained through federal match data shall be subject to the provisions of 1434 .
T he agency has factual information confirming the death of a client or of the payee when there is no relative available to serve as new payee.
The agency receives a clear written statement signed by a client indicating that he no longer wishes assistance, or that gives information which requires termination or reduction of assistance, and the client has indicated, in writing, that he understands that this must be the consequence of supplying such information.
The client has been admitted to an institution and further cash, food assistance, child care, and medical assistance will not be provided to that individual.
Th e client's whereabouts are unknown and agency mail directed to him has been returned by the post office indicating no known forwarding address. The procedures of 9124 must be followed to terminate assistance when the client's whereabouts are unknown.
A cl ient has been accepted for assistance in a new jurisdiction and that fact has been established by the jurisdiction previously providing assistance.
A c hild care, TANF or food assistance child is removed from the home as a result of a judicial determination, or voluntarily placed in foster care by his legal guardian.
As sistance is approved and negative case action such as a closure or grant reduction is incorporated into the initial notice of action to the client. However, negative action resulting from information obtained through federal match data shall be subject to the provisions of 1434 .
For food assistance only, the agency takes action based on information the client furnished on the interim report or 12-month report form or information found during the processing of the interim report or 12-month report form. Also see 9122.6 .
A c lient is disqualified for fraud through a court of appropriate jurisdiction or the Administrative Disqualification Hearing process. For instances involving Administrative Disqualification Hearings, notice of benefit reduction is sent only by the Administrative Disqualification Hearing Officer. See 11250.12 .
Te rmination of food assistance eligibility of residents of a drug or alcohol treatment center or a group living arrangement if the facility loses its certification from the appropriate agency or agencies of the State or has its status as an authorized representative suspended due to its disqualification by FNS as a retailer. However, residents of group living arrangements applying on their on behalf are still eligible to participate.
Th e client has been receiving increased benefits to restore lost benefits, the restoration is complete, and the household was previously notified in writing of when the increased benefits would terminate.
A work programs special services allowance or transportation allowance granted for a specific period is terminated and the client has been informed in writing at the time of initiation that the allowance shall automatically terminate at the end of the specific period.
A client fails to respond to a written repayment agreement within 10 days of the date the notice is mailed and benefit reduction is invoked. See 11125 (3)(b).
A child care plan is being terminated as services are no longer being performed by a particular provider.
NOTE: Adequate notice has been met when a notice has been sent for the Work Incentive payment. See KEESM 1430 . NOTE : Adequate notice has been met when a TANF or Child Care case has been timely notified of case closure and action to apply a work program or child support penalty is completed in the month of closure or in the month following the month of closure. See KEESM 1423 , 3521 .
1433 Automatic Benefit Adjustments for Classes of Clients - When changes in either state or federal law require automatic adjustment for classes of clients, timely notice of such adjustments shall be given which shall be adequate if it includes a statement of the intended action, the reasons for such intended action, a statement of the specific change in the law requiring such action, and a statement of the circumstances under which a hearing may be obtained and assistance continued.
1434 Notice of Actions Resulting from Federal Match Data - Based on the provisions of the Computer Matching and Privacy Protection Act, no immediate action to suspend, terminate, reduce, or deny assistance in the cash, medical and Food Assistance Programs may be taken as a result of information obtained through federal match data which has not been determined to be accurate and reliable by the federal agency producing the data. When the federal information has not been determined to be accurate and reliable, the individual must be given 30 days from the date the notice of action is received to verify or contest the match data. This means that such notice must be sent at least 35 days prior to the effective date of action for recipients or the date the application is to be processed for applicants.
Federal matches currently affected by these provisions include the SIEVS (IRS and BEER data) match, VA match, and matches identified via the eDRS. It does not include BENDEX, SDX, SAVE information from USCIS, and third party queries obtained through SSA as all of these data exchanges are either considered to be accurate and reliable or involve a computer match process between state and federal records. It also does not include Employment Security matches as this is not a direct federal-state match.
If the individual does not respond to the notice, final action based upon the match data can be taken upon expiration of the 35-day notice period and allowing for timely and adequate notice of action. All or part of the 10-day timely notice period may run concurrently with the 35-day notice period. However, all BEERS and IRS-related match data is to be considered as a lead only and not to be used as primary verification or evidence without further independent verification.
If the individual confirms the validity of the information prior to the expiration of the 35-day period, action can be taken immediately allowing for 10-day timely and adequate notice. In addition, for applicants, action can be taken to deny the application without a 35-day notice period, if the individual has already confirmed the match data through verification provided or information which was incorporated on the application form.
If the individual contests the data during the 35-day notice period, no action can be taken until the information is further verified. If the individual cannot provide verification in regard to IRS or BEER data, contact with such sources as the financial institution, employer, etc. will need to be made. Client cooperation in the verification process will be essential for any action prior to the 35-day notice period. If the client refuses to cooperate and/or contests the information and verification cannot be otherwise obtained, action can be taken on the case following the expiration of the 35-day notice period and allowing for timely and adequate notice of the action.
1434.1 Special Provisions for Matches Obtained Via the eDRS (Food Assistance Only) - eDRS must be checked on all adults in the household 18 years of age or older at Application, and when a member is added to the Food Assistance case. Prior to any negative action being taken against an applicant based on a match in the eDRS, secondary verification from the other State must be requested. Until the information in the eDRS can be verified, the individual cannot be denied benefits. The only exception to this rule is if the household applying is entitled to expedited services - the information from the eDRS and secondary verification shall not delay benefits beyond the 7-day standard. If verification of a disqualification period that should have been applied is later obtained, a claim would be established against the household for any overissued benefits. States are required to respond to secondary verification requests within 20 days. If information is not received within 20 days, contact the Food Assistance Program Specialist.
The following provisions apply if the eDRS shows an applicant in Kansas has a fraud disqualification period from another state that needs to be applied in Kansas.
Example: Individual found guilty of a second fraud in Missouri on December 15, 2007. The individual is disqualified for 24 months starting January 1, 2008 through December 31, 2009. The case in Missouri is closed April 30, 2008 and the household with the disqualified person moves to Kansas and applies in May 2008. The disqualified person must be disqualified in Kansas for the remainder of the 24-month disqualification period.
If the eDRS indicates that a disqualification period should be applied, a secondary verification of that information is required. The eDRS system contains Locality Contact information (a phone number is included) who can be contacted to verify the information in the eDRS. If the Locality Contact verbally verifies the information in eDRS, process the case with the person as disqualified. Additional documentation may still be obtained from the Locality Contact should the household decide to request a fair hearing on the agency’s action to apply the disqualification period. Examples of copies of documents that can be obtained to substantiate a disqualification penalty include: signed disqualification consent agreements court determinations signed waivers waiving the right to an administrative disqualification hearing a hearing authority’s decision notice of disqualification Also refer to 11270 .
1435 Reserved
1436 Death and Prisoner Match (Food Assistance Only) – The agency conducts data matching on a regular basis with the Social Security Administration, the Kansas Department of Corrections, and the Kansas Bureau of Vital Statistics to identify individuals who are deceased or in prison. Death matches are to be conducted at Application and no less frequently than every 12 months. Prisoner matches are to be conducted at Application and Review. Tasks are generated on cases that require further investigation for death and prisoner matches and are not considered verified upon receipt . The agency is to take action to ensure that an individual who is detained in a Federal, State or local penal, correctional, or other detention facility for more than 30 days shall be ineligible to participate in the Food Assistance Program. All death and prisoner matches are considered unclear and require action by the worker to be verified. Request for Verification of match results must be sent to the household. The household must be allowed 10 days from the mailing date to respond and to clarify its circumstances.
If the household does not respond to the notice or fails to provide adequate information to clarify its circumstances, the worker must remove the individual identified in the match from the household, timely notice is required.
If the household responds to the notice, simplified reporting rules apply. The results must be documented in the case journal. If the household disputes the match, the agency will pursue additional verification either from other sources or from the household.
Exception - If the household is a one-person household, the agency has sent the request for verification for the death match, and the household either does not respond, or there is a response and it confirms the match, the agency is not required to send a notice of adverse action. This is only true if the agency has verification that all members of the household are deceased.
1500 - PAYMENT INFORMATION AND PAYEES AND REPRESENTATIVES
1510 Payment Information And Procedures - Regular monthly cash and child care benefits are based on current need (calendar month) and are paid in advance on the first of the month. Food assistance benefits are paid from the first through the tenth of the month. Food assistance, child care and cash payments are made available to clients through electronic benefit accounts by using a plastic debit card, the Kansas Benefits Card. Benefits can be accessed as follows:
At point-of-sale (POS) devices for cash, food assistance and child care;
At automated teller machines (ATMs) for cash; and
Through the audio response unit (ARU) system for child care.
1511 To Whom Payments Can be Made
1511.1 Money Payments - The following persons are eligible to receive money payments: caretaker, recipient, personal representative, or substitute payee. See 2220 for persons who qualify as a caretaker. A caretaker may receive a money payment for any member of the assistance plan, including persons for whom he or she is not the caretaker (e.g., a grandmother for a grandchild and the grandchild's minor father who is not related to the grandmother).
Exception: A minor may not receive a money payment unless able to act in own behalf per 2110 and one of the categories above to receive payments is met.
If the caretaker dies, the money payment may be made to a new caretaker for a period of 3 calendar months under the old application. In this instance, a new Kansas Benefits Card shall be provided to the new caretaker to access the existing account for the new period. No TANF cash assistance shall be used to purchase alcohol, cigarettes, tobacco products, lottery tickets, concert tickets, professional or collegiate sporting event tickets or tickets for other entertainment events intended for the general public or sexually oriented adult materials. No TANF cash assistance shall be used in any retail liquor store, casino, gaming establishment, jewelry store, tattoo parlor, massage parlor, body piercing parlor, spa, nail salon, lingerie shop, tobacco paraphernalia store, vapor cigarette store, psychic or fortune telling business, bail bond company, video arcade, movie theater, swimming pool, cruise ship, theme park, dog or horse racing facility, pari-mutuel facility, or sexually oriented business or any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, or in any business or retail establishment where minors under age 18 are not permitted. No TANF cash assistance shall be used for purchases at points of sale outside the state of Kansas.
1511.2 Food Assistance Payments and Child Care Benefits - The following persons are eligible to receive food assistance and child care benefits: Primary Applicant, authorized representative, or any payee authorized by the Primary Applicant.
Refer to 1524 regarding alternate payee procedures for the Kansas Benefits Card. Note: Food assistance benefits cannot be used to pay on credit accounts.
1512 Payment Procedures
1512.1 Authorization of Payments - Each payment, including vendor payments, must be supported by an authorization.
1512.2 Certification of Payments - The local agency is responsible for the preparation of all certifications for payments.
1512.3 Money Payments - Unconditional and Unrestricted - Money payments are interpreted to mean cash payments which are available through the state electronic benefit transfer (EBT) system, or in certain circumstances by check or warrant immediately redeemable at par. Money payments are made with no restrictions on the use of the funds. A money payment, therefore, is one that permits the recipient to convert the payment into any form of purchasable property or service. Money payments include work program payments made directly to the client.
All payments shall be money payments except certain payments in (1) special needs specified in 7412 , (2) protective payments, (3) Low Income Energy Assistance.
The actual payment is related to the deficit of a whole and not to any single item of expense. The inclusion of specific cost items in the assistance plan on which the amount of the grantee's payment is based does not involve restricting the payment unless the agency, by requiring a receipt or by causing the grantee to enter into a contract, or by other direct or indirect means, assumes actual control or implied control over the expenditure covering such item or items.
The test of restriction or condition is whether such payment is made to the grantees subject to any agreement, expressed or implied, that the ownership or control of the expenditure of the proceeds of such payment is subject directly or indirectly to the domination of a person who is not the grantee. A payment to be unrestricted must consist of an unconditional transfer and delivery of money to the grantee. The agency has no responsibility for arranging credit for clients or for collecting payment for vendors.
Assistance payments shall be made by EBT whenever possible. Checks, warrants or vendor payments should rarely be used. Payments issued through EBT shall be accessed through the Kansas Benefits Card.
1512.4 Imprest Funds - EES has responsibility for the use of imprest funds and Administrative Services has responsibility for the General Service procedures to be used in making payment. Therefore, EES responsibility rests with the EES Program Administrators within the guidelines described below.
For cash assistance, authorization can be made only after eligibility has been established and the proper program known. For work programs, authorization may only be made if there is current work activity involvement. Imprest funds should rarely be used for the first month's grant since benefits are generally available through EBT by at least the day after being authorized.
Imprest funds should only be used when an emergency exists or a special payment has been approved and must be issued immediately. An emergency is deemed to exist when a regular or supplemental payment will not be available through EBT in a timely manner for an eligible recipient whose rent/utilities are due or who is without food and food assistance are not available.
Imprest funds should rarely, if ever, be used for an amount under $25 or in excess of one month's grant; payments authorized outside this guideline must have the approval of the EES Program Administrator (or an EES Supervisor designated by the Program Administrator). See KEES User Manual for instructions on how to create a payment request for a consumer for support service payments.
1512.5 Prohibition of Less Than $10 Payments (Cash and Food Assistance) -
A cash assistance payment shall not be issued for any month in which the net benefit is less than $10.
If the initial month's food assistance benefit is less than $10, no allotment shall be issued. This single-digit allotment prohibition applies only to initial allotments. Those households whose regular monthly food assistance allotment is less than $10 are not affected by this rule in months subsequent to the month of application.
1512.6 Delivery of Cash Benefits - All checks and warrants issued must be delivered by mail to the address of the payee unless otherwise requested. If the payee requests a different mode of delivery, the agency shall consider the appropriateness of the request. When deemed appropriate the agency may use other modes of delivery including P.O. Boxes, General Deliveries, addresses of friends or relatives, or the address of the agency when it is necessary to hand deliver the warrant to the client, particularly for situations involving a homeless client. No materials may be included in the envelope containing the warrant except those directly related to the administration of the welfare program.
1512.7 Vendor Payments - Vendor payments are restrictive payments. See 1512.3 , second paragraph, for limitations on payments in lieu of money payments: 1520 , first paragraph, for the use of protective vendor payments, and to Administrative Services Procedures. Vendor payments are also utilized for issuance of support services.
1512.8 Child Care Assistance Payments - Child care payments shall be issued by EBT whenever possible. Checks, warrants or vendor payments should be rarely used. See 10260 . Payments issued through EBT shall be accessed through the Kansas Benefits Card.
1513 Availability of Benefits - Cash, food assistance and child care benefits are available electronically via the Kansas Benefits Card as follows:
1513.1 Cash and Child Care Benefits
Monthly - Regular monthly, benefits will be available at 6:00 a.m. on the first day of the month. Cash and child care benefits will be available on this date regardless of which day of the week it falls. Availability does not change due to weekends or holidays. Example: TANF or Child Care benefits are authorized on the system for November '17 on October 1, with a regular EDBC. The benefits would be available to the client at 6:00 A.M. on November 1.
Daily - Regular benefits for a past or current month will be available to the client the following day at 6:00 a.m. Regular benefits authorized for a future month will be available to the client on the day after the first work day of that month. (This is only applicable during the few days at the end of the month between the monthly run and the first day of the next month.) If a child care benefit is authorized for the current or past month, the benefits will be available to the client the following day at 6:00 a.m. This may also apply to a future benefit month if the authorization is during the few days at the end of the month between the monthly run and the first day of the next month. Cash Example: TANF benefits are authorized for November on October 29 with a regular EDBC run. The benefits would be available to the client at 6:00A.M. on the first work day in November. Child Care Example: CC Benefits are authorized for September, October and November on October 29 The benefits for September and October would be available to the client at 6:00 A.M. on October 30. The benefit for November will be available 6:00 a.m. on November 1. Immediate (Not Applicable to Child Care): Cash benefits can be available immediately by the worker if the Immediacy Indictor is set to Immediate on the EDBC Summary page. Staff should only use this indicator when there is an immediate need for cash and the client already has a Kansas Benefits Card or is in the office so an initial card can be issued. Immediate issuance is not limited to initial benefits.
1513.2 Food Assistance Benefits
Monthly - Regular monthly food assistance benefits will be available by 6:00 a.m. based on the first letter of the client's last name as follows:
A - B on the 1st M on the 6th C - D on the 2nd N - R on the 7th E - G on the 3rd S on the 8th H - J on the 4th T - V on the 9th K - L on the 5th W - Z on the 10th
Food assistance benefits will be available on these days regardless of which day of the week they fall. Availability does not change due to weekends or holidays. NOTE: Monthly issuance under EBT will be done in one process the second work day before the end of the month. This means that once the monthly benefits are paid, any additional benefits for the issuance month will be supplemental.
Daily - Benefits authorized for the current month or a past month are available to the client by 6:00 A.M. the day following the authorization. Benefits authorized for a future month are available to the client by 6:00 A.M. on the day after the first work day of the month. (This will only occur when future month benefits are authorized on the last work day of the month after the monthly issuance has been transmitted and before the first day of the next month.)
Expedited - If a food assistance benefit is expedited and the Immediacy Indictor is set to Immediate on the EDBC Summary page, benefits are immediately available to the client. The process should only be utilized when needed to meet the expedited time frame. See NOTE that follows.
NOTE : In addition to immediate availability of expedited benefits, any food assistance benefit type (initial, regular, supplemental and restored) issued via Immediate issuance will go to eFunds immediately and be available to the client immediately. Use of Immediate issuance for reasons other than expedited benefits should be limited to emergency situations.
1513.3 Replacement of Lost or Stolen Benefits - Benefits which have been withdrawn from an EBT account shall not be replaced unless the agency erroneously credited benefits to the wrong account. See the EBT System Guide in the Appendix for EBT procedures regarding replacement of lost or stolen Kansas Benefits Cards and other benefit access problems.
Lost, stolen, or forged warrants may only be replaced pursuant to the procedures set forth in the Administrative Procedures.
No provision is available for replacement of lost or stolen money or food. See Item (14) in the EBT System Guide in the Appendix for provisions regarding replacement of food (purchased with food assistance benefits) destroyed in a disaster.
1513.4 Moving/Travel Out-of-State - Refer to the EBT System Guide, Appendix Item V-1, Number 10.
1513.5 Procedures for Canceling EBT Benefits - If benefits have been issued in error, they may be cancelled on the EBT system. Only full benefits can be cancelled on EBT. Alternative methods of resolution may be appropriate in lieu of requesting a cancellation (e.g., claims).
EBT benefits can only be cancelled by EES Administration staff (EBT Unit or Business Help Desk). For reconciliation purposes, Help Desk staff will need to contact the EBT Unit when food assistance benefits are cancelled by Help Desk.
Food Assistance and Cash (TANF and RE) -
DCF staff should send a note to EBTMAIL to request the cancellation. Case name, EBT case number, authorization number, amount of requested cancellation, and month(s) of the benefit should be supplied. Also, the reason for the cancellation should be supplied.
If the client has been notified of their approval for the benefit, then the client would have to submit a request to cancel benefits. This request should be faxed to the EBT Unit (785-296-6960) .
Once the cancellation is completed, the worker will be notified. The worker will need to contact the client to explain the action.
EBT Unit staff will be responsible to ‘cancel’ the benefits on the system.
Document the actions in the case file.
Child Care
DCF staff should send a note to EBTMAIL to request the cancellation. Case name, EBT case number, authorization number, amount of requested cancellation, and month(s) of the benefit should also be supplied. The reason for the cancellation should be supplied. No statement from the client is required although supervisory approval is required and should be noted in the note.
Once the cancellation is completed, the worker will be notified. The worker will need to contact the client to explain the action.
EBT Unit staff will be responsible to ‘cancel’ the benefits on the system.
Document the actions in the case file.
1514 Protective Payments - A protective payment is a payment made in lieu of a money payment on behalf of a client. A protective payment shall be made in certain circumstances to a court appointed personal representative or to a substitute payee. A protective vendor payment may be made when a substitute payee is not available; Federal financial participation (FFP) is available for protective vendor payments in TANF.
Documentation substantiating the need for a protective payment shall be made by social service staff in cases of money mismanagement. A substitute payee should be used if possible.
Protective payments are required in all cases of money mismanagement when the TANF caretaker persistently mismanages the assistance payment to the detriment of the child and the approved service plan supports the need for a protective payment. Evidence includes such things as:
Continued inability to plan and to make necessary expenditures spread over the period for which the assistance is planned.
Continued evidence that children are not properly fed or clothed and that expenditures for them are made in such a way as to threaten their chances for healthy growth and development.
Persistent and deliberate failure to meet obligations for rent, food, school supplies, and other essentials.
Repeated evictions or incurrence of debts with attachments or levies made against current income.
The case record must contain the evidence on which the recommendation for protective payment is made including a review of the budget to ensure that need is determined according to the standards as set out in this manual and a copy of the social service plan for the special services available to the recipient.
NOTE: If protective vendor payments are used while reasonable efforts are being made to locate a substitute payee, the agency is responsible for assuring that the client receives the full amount of the budgetary deficit. Any portion of the budget deficit not expended through a vendor payment shall be made available to the client by direct payment through EBT or, if necessary, an imprest fund check.
1515 Protective Payees - A protective payee shall be assigned to administer the TANF benefits when an adult caretaker has tested positive for illegal drug use, refused or failed to undergo drug screening or been found guilty of fraud in the TANF or child care program. Households may elect to name a protective payee; however, the payee is subject to suspicion-based drug testing (if the protective payee is assigned due to KEESM 2260 policies) at their own expense. If the household cannot name a suitable protective payee, the agency may be able to assist in identifying one for them. No TANF case is to be denied or closed due to the individual’s failure to name a suitable payee when the requirement for the payee is related to Suspicion Based Drug Testing regulations. See KEESM 2260 and subsections. Individuals who are not qualified to be acceptable payees include, but are not limited to:
Another adult that lives in the same residence
An individual with a substantiated drug history
Documented Prudent Person related decision
Examples of prudent person: An individual who lives too far from the household to be able to adequately assure benefits are distributed appropriately (prudent person principle
Protective payees are not eligible for DCF sponsored substance abuse treatment or skills training. A protective payee will sign an agreement stating all TANF funds will be spent for the use of the child(ren). Appropriate usage is utility bills, rent and other necessary items.
NOTE : See the KEES User Manual for information on when to code KEES for protective payee information.
1520 Substitute Payees, Personal Representatives And Authorized Representatives
1521 Appointment and Dismissal of Substitute Payee (Cash Only) - The agency has the responsibility for appointing and assisting the payee, for terminating the payee's services when no longer needed, and for removing a payee who is not giving satisfactory service after a careful evaluation of the performance has been made. Refer to sample agreement in the Appendix section. All alternative payees and substitute payees are managed directly in the EBT system. In situations where Protected Payees are needed, it is important to enter Protected Payees into the EBT system as soon as possible. This assists to prevent disruption of benefit accessibility by the cash payee representative.
1521.1 Who May be Substitute Payee - Individuals selected to serve in this capacity may be a relative, a friend, a neighbor, a member of a religious or other community group. Persons who may not serve as a substitute payee include: the Regional Director, the EES Program Administrator, the worker determining financial eligibility or his supervisor, special investigative (or resource) staff, staff handling the fiscal process for this client; or landlords, grocers, or vendors of goods or services dealing directly with this client.
Exception: Payment may be made to a foster parent on behalf of an unemancipated minor in a foster care home (licensed or approved as meeting licensing standards) with her child in order to provide TANF for such child. See 2210 . This provision shall not be used in any other kind of cash assistance case and may continue until the minor mother is released from custody of DCF or is able to act in own behalf. Documentation is required that the mother is not emancipated.
1521.2 Criteria for Selection - The substitute payee must demonstrate:
An interest and concern for the welfare of the family.
The ability to help the family with ordinary budgeting, experience in purchasing food, clothing, and household equipment within a limited income, and knowledge of effective household practices.
The ability to establish and maintain a positive relationship.
That he either lives near the caretaker relative or has transportation so that close contacts with the caretaker relative and child may be maintained.
That he is a responsible and dependable person.
1521.3 The Payee-Recipient Relationship - The payee has the authority to make decisions about the expenditures of the assistance payment.
The payee may spend the money for the family or may supervise the recipient's use of it, or the payee may give a portion of the funds to the recipient to spend for certain needs and may pay for other items of need for the recipient.
1521.4 Payee-Agency Relationship - The payee has responsibility for assuring the agency that the money is spent for the recipient's benefit. The payee's responsibility to the agency shall be set forth in writing with a copy for the payee and one for the agency. This shall cover the plan for accounting for use of the assistance funds and for reporting on the general progress made. This written agreement should be supplemented by discussions of the payee's responsibility, the purpose of the plan, the nature and frequency of reports, the rights of the recipient, and the confidential nature of the relationship.
1521.5 Request a Fair Hearing - Written notice of the right to request a fair hearing regarding a decision to use a protective payment must be provided to the recipient at the time that decision is made, and if appropriate, at the time each decision on the status of the case is made following the periodic review.
1521.6 Periodic Review - All money mismanagement protective payment cases shall be reviewed every 6 months to determine whether: (1) to restore the recipient to regular money payment status; (2) to continue the recipient on protective payment status; (3) another plan for the care of the child or children is necessary, such as placement with other relatives, seeking appointment of a guardian or placement in a foster home.
1521.7 Discontinuance of Payment to Substitute Payee - Money mismanagement protective payments shall be discontinued when the caretaker has demonstrated an ability to manage the money payment or after a period of two years has elapsed, whichever comes first; except that payment may continue for such additional time as is reasonably necessary to complete a substitute plan for the care of the child.
1523 Authorized Representative (Applicable to Food Assistance and Child Care Only) - The head of the household, spouse, or any other responsible member of the household may designate an authorized representative who may act on behalf of the household in one or all of the following capacities.
Note: A responsible member of the household as noted above and below must be at least 18 years of age.
Refer to 1524 and 1523.5 for specific procedures regarding authorized representatives who are receiving benefits on behalf of a client in an alcohol and drug treatment center.
1523.1 Making Application (Food Assistance)
When the head of the household or the spouse cannot make application, another responsible household member may apply or an adult nonhousehold member may be designated as authorized representative for that purpose. The head of the household or the spouse should prepare or review the application whenever possible, even though another responsible household member or the authorized representative will actually be interviewed. The household shall be informed that it will be liable for any overissuance which results from erroneous information given by the authorized representative, except as specified in 2541.4 and 2542.4.
Adults who are nonhousehold members may be designated as authorized representatives for certification purposes only under the following conditions: The authorized representative has been designated, in writing, by the head of the household, the spouse, or another responsible member of the household, and The authorized representative is an adult who is sufficiently aware of the household's circumstances. Note: "In writing" includes the application and review forms, and the ES-3141, Alternate Payee Request.
A person who has been declared legally incompetent by a court who has a court appointed guardian or conservator cannot file an application on his/her own behalf. The guardian/conservator must act as an authorized representative for such legally incompetent person, completing the application and interview process on behalf of the person. If the guardian/ conservator does not wish to apply on behalf of the legally incompetent individual, then the application should be considered as an unsigned, incomplete application, and as such, denied.
NOTE: If a legally incompetent person with a guardian/conservator applies for food assistance, and the agency cannot locate or contact the legal guardian/ conservator, the application cannot be denied because it was not completed or signed by the legal guardian. The local office has the obligation to attempt to locate another person to act as authorized representative. If none can be found, an employee of the local DCF office can be the authorized representative following the restrictions in 1523.4 .
These authorized representatives are documented in the case log and are not added to the ebtEdge WebAdmin system.
1523.2 Using Food Assistance Benefits - An authorized representative may be designated to use food assistance benefits to purchase food for the household with the full knowledge and consent of the household. This designation shall be made at the time the application or review is completed, or by use of the ES-3141, Alternate Payee Form. The authorized representative designated to use food assistance benefits may be the same individual designated to make application for the household or may be a different individual. Even if a household member is able to make application and use their benefits, the household may name an authorized representative for using benefits in case of illness or other circumstances which might prevent the household member from using the benefits.
The authorized representative’s name and address must be added to the ebtEdge WebAdmin system. This will send the authorized representative a Kansas Benefits Card and access to the food assistance account. In addition, if the spouse or other responsible household member(s) are authorized by the Primary Applicant to have access to the account their name and address must be added to the ebtEdge WebAdmin system so that a card can be issued. If the Primary Applicant wishes to end the authorized representatives access to their benefits, they must call EBT Customer Service and ask that the card be canceled.
1523.3 Acting on Behalf of Minor Children (Food Assistance) - In the event the only adult living with a household is classified as a nonhousehold member, as described in 4212 and 4220 , that individual may be the authorized representative for the minor household members. For further restrictions on those nonhousehold members disqualified for fraud or for failure or refusal to apply for or provide a Social Security number, see 1523.4 (2).
1523.4 Restrictions on Who May be Appointed as an Authorized Representative - The following restrictions apply to authorized representatives:
DCF employees who are involved in the certification and/or issuance processes, and retailers/child care providers (or employees of the child care provider) who are authorized to accept food assistance/child care benefits may not act as authorized representatives without the specific written approval of the local EES Program Administrator and only if that official determines that no one else is available to serve as the authorized representative.
For food assistance, individuals disqualified for fraud or failure to comply with the Social Security number requirement shall not act as authorized representatives during the period of disqualification except when the individual disqualified is the only adult member of the household and it has been determined that no one else is available to serve as an authorized representative. It shall be separately determined whether such an individual is needed to apply on behalf of the household and to use the food assistance benefits for the household. If the agency also is unable to find anyone to serve as authorized representative to purchase food, the disqualified member shall be allowed to do so.
All authorized representatives shall be properly designated and their appointment documented in the case file. Limits shall not be placed on the number of households an authorized representative may represent. In the event employers, such as those that employ migrant or seasonal farm workers, are designated as authorized representatives or that a single authorized representative has access to a large number of food assistance/child care benefits, the worker should exercise caution to assure that: the household has freely requested the assistance of the authorized representative; the household's circumstances are correctly represented and the household is receiving the correct amount of benefits; and that the authorized representative is properly using the benefits. When agency staff have obtained evidence that an authorized representative has misrepresented a household's circumstances and has provided false information pertaining to the household or has made improper use of food assistance/child care benefits, the agency shall disqualify that authorized representative in the Food Assistance Program or Child Care Assistance Program for one year. The agency worker shall send written notice to the affected household(s) and to the authorized representative at least 30 days prior to the date of disqualification. The notice shall include: The proposed action, The reason for the action, The household's right to request a fair hearing, The DCF office telephone number, and The name of the person to contact for additional information. This disqualification provision does not apply to drug and alcoholic treatment centers or to those group homes which act as food assistance authorized representatives for their residents.
Homeless meal providers as defined in the Appendix may not act as authorized representatives for homeless food assistance recipients.
1523.5 Alcohol and Drug Abuse Treatment Facilities as Authorized Representatives (Food Assistance) - Residents of authorized treatment facilities shall be certified for program participation through the use of an authorized representative who shall be an employee of and designated by the nonprofit organization or institution administering the program. For more information regarding the certification of alcohol and drug abuse facility residents, see 2541.
The Primary Applicant will automatically be mailed a Kansas Benefits Card at the facility address upon approval for food assistance benefits. The authorized representative must be added to the ebtEdge system immediately after approval so a Kansas Benefits Card can be mailed to the facility. The facility will hold the Primary Applicant’s active card until the person leaves the facility. To minimize confusion, it is suggested that the facility staff write the client’s name on the card also identifying the primary and alternate payee. If the client also has cash assistance, the client should be instructed to not access the food assistance benefits while in the facility as the facility's authorized representative will be accessing and using the food assistance benefits.
Once the client leaves the facility, the facility's authorized representative status must be removed on the ebtEdge system. (Like group homes, alcohol and drug abuse treatment facilities will either utilize food assistance through a POS device in the facility, through vouchers or by shopping at the store with cards. How this is done will be decided on a facility-by-facility basis depending on food assistance volume.)
1524 Transmitting Payee Information to the EBT System
1524.1 Alternate Payees - Refer to the EBT System Guide, Appendix Item V-1, Item 8.
During the eligibility interview, inform the client that with the Kansas Benefits Card an authorized representative or an alternate payee will have their own Kansas Benefits Card with access to the client's benefits. The client needs to decide whether they want alternate payees. The client will need to provide written authorization on the application use ES-3141 form to identify the person they want to have as an alternate payee. Make sure that the client understands the alternate payee will have access to benefits without the client giving any further authorization. ANY FUNDS MISSPENT BY AN ALTERNATE PAYEE/AUTHORIZED REPRESENTATIVE WILL NOT BE REPLACED. Transactions made by an alternate payee are as though the client spent the funds themselves. When a client decides they no longer want their alternate payee to have access to their account(s), the client should call the EBT Call Center to cancel the card/alternate payee on their case. To select a new alternate payee, the client must contact the local DCF office to complete the ES-3141 form, selecting and approving a new alternate payee. Requests to change the benefit access type available to an alternate payees should all go through the worker and be changed on the EBT System as appropriate. The alternate payee also has the ability to contact the EBT call center to cancel their access to the client’s EBT account. This option allows the alternate payee to limit their personal liability for future EBT usage.
Refer to the EBT System Guide in the Appendix for more information.
1610 Request for a Hearing - A request for a fair hearing is defined as a clear expression, to appeal a decision or final action of any agency or employee of the Department for Children and Families. The Office of Administrative Hearings in the Department of Administration administers the agency's fair hearing program pursuant to the Kansas Administrative Procedure Act (K.S.A. 77-501 et seq.)
A request for fair hearing may be made in the following manner:
Cash, Child Care and Work Programs – The request must be made in writing.
Food Assistance – The request may be made orally (either in person or by telephone) or in writing.
The rights, responsibilities, and procedures for fair hearings for other interested persons are similar to those applicants/recipients as explained in this section except that hearings for other interested persons shall be held in Topeka.
The following persons may request a fair hearing:
1610.1 Cash, Child Care and Work Programs - Any person who is an applicant, recipient, or other interested person including inmates and taxpayers may request a fair hearing.
1610.2 Food Assistance - Any person who is an applicant, recipient or authorized representative.
1611 Time Period For Requesting A Hearing - The date of request shall be the date the agency received the request. In addition, for food assistance, the date of request for oral requests is the day the person requests a fair hearing in person or by telephone.
1611.1 Cash, Child Care, and Work Programs - Unless preempted by federal law, a request for a fair hearing shall be in writing and postmarked or received by the agency within 30 days from the date the notice of action is mailed. When a request for a fair hearing is received prior to the effective date of action as prescribed in 1612 , assistance may be continued.
Such request may relate to an applicant's request for assistance which is denied, or is not acted upon with reasonable promptness, and to any recipient who is aggrieved by any agency action resulting in suspension, reduction, discontinuance, or termination of assistance, or determination that a protective, vendor, or two-party payment should be made or continued.
1611.2 Food Assistance - A request for a fair hearing shall be allowed on any action by the agency or loss of benefits which occurred in the prior 90 days.
Action by the agency shall include a denial of a request for a restoration of any benefits lost more than 90 days but less than a year prior to the request. In addition, at any time within the review period, a household may request a fair hearing to dispute its current level of benefits.
1612 Continuation of Benefits - If a request for a fair hearing is received: (1) for cash and child care - prior to the effective date of action, or (2) for food assistance - within 10 days of the date the notice of adverse action is mailed; and the review period has not expired, assistance shall not be suspended, reduced, discontinued, or terminated until a decision is rendered after a hearing, unless:
A determination is made at the hearing by the hearing officer that the sole issue is one of state or federal law or regulation, or change in state or federal law and not one of incorrect application of a policy (when appropriate, local DCF staff should raise this issue in the hearing in order for the referee to render a decision).
A change (except the matter under appeal) affecting the recipient's assistance occurs while the fair hearing decision is pending and the recipient fails to request a hearing after notice of the change.
The request for a fair hearing concerns a discontinued program or service.
Households subject to simplified reporting requirements do not submit a complete interim report or 12-month report form. Therefore, a household, subject to simplified reporting that will not comply with the requirement of submitting an interim report or 12-month report, is not entitled to a continuation of benefits when the basis of the fair hearing is to contest the imposed reporting requirement.
The review period expires. The household may reapply and may be determined eligible for a new review period with a benefit amount as determined by the agency.
A mass change affecting the household's eligibility or basis of issuance occurs while the hearing decision is pending.
For child care or work program services, the request for a hearing concerns the suspension of program payments to a provider.
Assistance shall also be continued at the prior level if the client or agency requests a review by the State Appeals Committee. Refer to 1617 .
NOTE: For cash - In any case where action was taken without timely notice, if the recipient requests a hearing within 10 days of the mailing of the notice of action, and the agency determines that the action resulted from other than the application of state or federal law or policy or a change in state or federal law, assistance shall be reinstated and continued until a decision is rendered in the matter as set forth above.
NOTE: For food assistance - benefits shall be continued for all households as outlined above unless the household specifically waives continuation of benefits. If the household does not positively indicate they wish to waive continuation of benefits, the State agency shall assume that continuation of benefits is desired and benefits shall be issued accordingly. If a fair hearing request is not made within the time period provided by the notice of adverse action, benefits shall be reduced or terminated as provided in the notice. However, if the household establishes that its failure to make the request within the advance notice period was for good cause, the agency shall reinstate the benefits to the prior basis.
The agency shall promptly inform the household in writing if benefits are reduced or terminated pending the hearing decision.
1613 Client's Rights Related to a Fair Hearing - The client or the client's representative shall have adequate opportunity to:
Submit a request for a fair hearing, which may be on the Request for Administrative Hearing form, regarding any agency action. However, a hearing need not be granted if the request concerns only the validity of federal or state law or regulation. In addition, a hearing need not be granted when either state or federal law requires automatic adjustments for classes of recipients unless the reason for an individual appeal is incorrect computation. (See 1612 (1).) NOTE: Food Assistance Only - If it is unclear from the household's request what action it wishes to appeal, the State agency may request the household to clarify its grievance. The freedom to make a request for a hearing shall not be limited or interfered with in any way. A client has the right to appeal a decision if desired which may include concerns of the federal or state law or regulations.
Examine the contents of his case file and all documents and records to be used by the agency at the hearing at a reasonable time before the date of the hearing as well as during the hearing. Refer to 1614 regarding confidential case file information.
At his option, present his case himself, or with the aid of an authorized representative, and bring witnesses.
Establish all pertinent facts and circumstances and advance any pertinent arguments without undue interference.
Question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses.
Submit evidence to establish all pertinent facts and circumstances in the case.
1614 Responsibilities of the Local Office - Every applicant/recipient shall be informed in writing at the time of application and at the time of any subsequent action affecting cash, food assistance, or child care assistance of the right to a fair hearing, the method of obtaining such hearing, and that representation may be by an authorized representative such as legal counsel, relative, friend, or other spokesperson.
Agency hearing procedures shall be uniform, clearly written, and available to any interested party. At a minimum, the procedures shall include time limits for filing requests for appeals, advance notice requirements, hearing timeliness standards, and the rights and responsibilities of persons requesting a hearing. The booklet, Fair Hearing Procedures, shall be used for this purpose.
1614.1 Standard Procedures - The procedures set forth below shall be followed whenever a client makes an inquiry concerning a fair hearing, asks for fair hearing forms, or files a request for a fair hearing.
The worker or supervisor should find out why the client is questioning the agency action.
If the client is only disagreeing with a federal or state law or policy, the reason for such policy should be discussed with the client.
If a client appears to be questioning the application of a federal or state law or policy to his individual situation (incorrect grant computation or use of incorrect facts), an administrative review shall be conducted to determine if the agency action was correct. Upon reconsideration, the agency may amend or change its decision at any time before or during the hearing. The hearing shall not be delayed or canceled because of this preliminary review. If a satisfactory adjustment is reached prior to the hearing, the agency shall submit a written report to the hearing officer but the appeal shall remain pending until the client submits a signed written statement withdrawing the request for a fair hearing.
If the client is questioning the decision regarding disability and the decision was made related to an SSI or SSA application for benefits, the client is to be referred to the SSA office to file an appeal. See 2637.
If the client is questioning the decision regarding disability and the decision was made by Disability Determination and Referral Services (DDRS) based on an DCF request via the DD-1104 and DD-1105, the appeal will be processed through DDRS as specified in 1614.3 .
Food Assistance - When a household member or representative makes an oral request for a fair hearing to the local office or to the Office of Administrative Hearings by telephone or in person, the agency shall document the request by using the Request for Administrative Hearing form. The date of the request shall be the date the oral communication was made to the agency and that date shall appear on the form. Lack of signature by the household member on the form used to document an oral request shall not invalidate the request.
1614.2 Agency Conference - Local service centers shall offer agency conferences to households wishing to contest an adverse agency action. Local office staff shall advise households that use of an agency conference is optional and that it shall in no way replace or delay the fair hearing process. The following procedures apply:
The agency conference may be attended by the eligibility worker responsible for the agency action and shall be attended by an eligibility supervisor and/or the agency EES Program Administrator, and by the household and/or its representative. An agency conference may lead to an informal resolution of the dispute. However, a fair hearing shall still be held unless the household makes a written withdrawal of its request for a fair hearing.
The local agency shall offer agency conferences to households who wish to contest a denial of expedited food assistance service under the procedures outlined in 1415.1 .
Such conferences shall be scheduled within 2 working days of the date the appeal is filed, unless the household requests that it be scheduled later or states that it does not wish to have an agency conference.
NOTE – Food Assistance Only - In the situation where a case may not have been resolved or settled between the client and the agency through the agency conference, the agency cannot withdraw, deny, or dismiss the scheduled fair hearing without the client first making a written withdrawal request.
1614.3 Completion of Summary - Within 15 days after the appellant has filed a request for a fair hearing, the agency shall furnish the appellant, or appellant’s representative, and the Office of Administrative Hearings with a copy of the summary. The summary sets forth the following information:
Name and address of the appellant;
a summary statement concerning why the appellant is filing a request for a fair hearing;
a brief chronological summary of the agency action which led to the appeal and the agency's action after receiving the request for fair hearing;
a statement of the basis for the agency's decision;
a citation of the applicable policies relied upon by the agency;
a copy of the notice which notified the appellant of the decision in question;
applicable correspondence; and
the name and title of the person or persons who will represent the agency at the hearing.
NOTE: For Food Assistance only, summaries and fair hearing decision notices must contain pertinent State Policy (KEESM) and Federal Regulations. See Appendix for appropriate reference.
If through an agency conference as discussed in 1614.2 , the appellant has withdrawn the appeal, completion of the summary is not necessary. The Request for Administrative Hearing should then be submitted, along with the Notice of Withdrawal of Appeal form , to the Office of Administrative Hearings within 7 days of the date of the request for a fair hearing.
1614.4 Informing the Client of Termination of Assistance - The agency shall promptly inform the client in writing if assistance is to be terminated pending the fair hearing decision.
1615 Dismissal of Fair Hearings - Kansas statute K.S.A. 75-3306(h) states: "The Department for Children and Families shall not have jurisdiction to determine the facial validity of a state or federal statute. An administrative law judge from the Office of Administrative Hearings shall not have jurisdiction to determine the facial validity of an agency rule and regulation." So, clients have no right to a fair hearing if they simply disagree with a regulation that results in a loss of eligibility. However, clients may have a hearing if they believe that the agency incorrectly applied such regulation to the client’s individual situation (use of incorrect facts). The issue is whether the client is only challenging the validity of the regulation or really presenting a factual dispute. If there is no dispute between the client and the agency as to the facts involved, the client’s request for a fair hearing in most instances will be dismissed by the hearing officer before the hearing.
As such, if the client is only disagreeing with a federal or state law or regulation (whether a current regulation or one that is changing) and, after following the procedures set forth in 1614.1 (1) - (3), wishes to file a request for a fair hearing (or fails to withdraw a request previously filed), the agency should complete a Motion to Dismiss form. The form is to be submitted to the Office of Administrative Hearings within 10 days of the request for a hearing. A copy of the appropriate Notice of Action and the Request for Administrative Hearing form should be attached to the motion. Do not submit an appeal unless the motion is denied. DCF must mail a copy of the Motion to Dismiss to the appellant. The worker should complete the Certificate of Service and sign it. Write the actual mailing date on the certificate, as well as the appellant's name and address. On the Motion to Dismiss, the line "Such action is based on" should reflect the appropriate law or regulation. (Contact EES Policy as needed for this information.) For dismissal requests regarding major program changes or cutbacks, specific citations will be provided from the EES Policy Section.
Fair hearings shall also be dismissed if the request is not received within the time periods specified in 1611 , or the household or its representative fails, without good cause, to appear at the scheduled hearing.
Assistance shall continue as noted in 1612 until a decision is rendered concerning the dismissal. If the dismissal request is approved, assistance shall be terminated unless the appellant requests State Appeals Committee review within the 15 days allowed. If the dismissal request is denied, assistance must continue until the presiding officer issues an initial order affirming the agency action, unless there is a State Appeals Committee review request.
1616 Place and Conduct of Fair Hearings - Fair hearings for applicants or recipients shall be held in the Department for Children and Families' administrative region in which the applicant or recipient resides unless another site has been designated by the hearing officer. At least 10 days prior to the hearing, advance written notice shall be mailed to all parties involved to permit adequate preparation of the case.
The hearing officer may conduct the fair hearing or any prehearing by telephone or other electronic means if each participant in the hearing or prehearing has an opportunity to participate in the entire proceeding while the proceeding is taking place. A party may be granted a face to face hearing or prehearing if good cause can be shown that a fair and impartial hearing or prehearing could not be conducted by telephone or other electronic means.
At a hearing, the hearing officer shall regulate the course of the proceedings. To the extent necessary for full disclosure of all relevant facts and issues, the hearing officer shall provide all parties the opportunity to respond, present evidence and argument, conduct cross-examination and submit rebuttal evidence, except as restricted by a limited grant of intervention or by a prehearing order.
The hearing officer may, and when required by statute shall, give nonparties an opportunity to present oral or written statements. If the hearing officer proposes to consider a statement by a nonparty, the hearing officer shall give all parties an opportunity to challenge or rebut it and, on motion of any party, the hearing officer shall require the statement to be given under oath or affirmation.
A hearing officer need not be bound by technical rules of evidence, but shall give the parties reasonable opportunity to be heard and to present evidence. Evidence need not be excluded solely because it is hearsay.
All testimony of parties and witnesses shall be made under oath or affirmation. Statements of nonparties may be received as evidence.
Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party. Documentary evidence may be received in the form of a copy or excerpt. Upon request, parties shall be given an opportunity to compare the copy with the original if available.
The hearing officer may not communicate, directly or indirectly, regarding any issue in the proceeding while the proceeding is pending, with any party or participant, with any person who has a direct or indirect interest in the outcome of the proceeding or with any person who presided at a previous stage of the proceeding, without notice and opportunity for all parties to participate in the communication.
NOTE: The following special provisions apply to the Food Assistance Program Only.
Household Request for Postponements - The household may request and is entitled to receive a postponement of the scheduled hearing. The postponement shall not exceed 30 days and the time limit for action on the decision may be extended for as many days as the hearing is postponed. For example, if a hearing is postponed by the household for 10 days, notification of the hearing decision will be required within 70 days from the date of the request for a hearing.
Expedited Hearings - Hearing requests from households such as migrant farm workers that plan to move from the state before a hearing decision would normally be reached shall be expedited. For these households, the requests shall be processed faster, if necessary, to enable the household to receive a decision and a restoration of benefits, if the decision so indicates, before they leave the state, not necessarily an individual county.
NOTE: Food Assistance only – A client has the right to appeal a decision if desired which may include concerns of the federal or state law or regulations. If the household does not appear at the pre hearing agency conference the agency cannot withdraw, deny, or dismiss the scheduled fair hearing without the household first making a written withdrawal request.
1617 Fair Hearing Decision and Request for Review - A fair hearing decision (the initial order) shall be rendered by the hearing officer no later than 90 days (60 days for food assistance) after receipt of the request on a Request for Administrative Hearing form or similar document. The decision is sent to the client and the local DCF Service Center.
As stated in the initial order, both the responsible agency and the client/responsible party have the right to request a review of the initial order. The agency responsible for program administration is responsible for the review as follows:
For all programs, the State Appeals Committee reviews the decision of the hearing officer. A request to the State Appeals Committee must be made within 18 days of the date of the fair hearing decision. Either party may also have the right to request a re-hearing in order to submit additional information or evidence. This request must also be made within 18 days of the date of the fair hearing decision.
For decisions involving a medical program and another program, a two-member committee formed by one KDHE-DHCF designee and one DCF designee shall review the decision of the hearing officer. The request for review may come through the client or either agency but must be made within 18 days of the initial decision. A rehearing may also be requested within 18 days of the initial decision.
Assistance shall be continued at its prior level if an agency-level review is requested and shall continue at this level until a decision is rendered by the appropriate authority. However, final implementation of the order may be delayed pending the outcome of the agency-level review. See 1618 .
The decision of the agency-level review is final and binding upon the client and the agency on the date of the decision. This is true even if the matter is appealed to the District Court. Assistance shall not continue at its prior level following the agency-level decision of the State Appeals Committee unless there is a court order to the contrary.
NOTE: For Food Assistance Only: If the household member or its representative fails to appear for the hearing, the decision shall include a statement to advise the household member he/she has ten (10) days from the receipt of the hearing decision to present reasons indicating good cause for failure to appear and that establishment of good cause will result in the granting of a new hearing. The notice shall also state that an appeal may result in a reversal of the decision. After a hearing decision which upholds the agency action, the household shall be notified of the right to pursue judicial review of the decision.
1618 Agency Actions Following Fair Hearing Decisions - For decisions favorable to the client which are not pending an agency-level review, the initial order shall be implemented immediately upon receipt of the order. If the agency has requested further review of the initial order, implementation is delayed until a decision on the agency-level review is rendered.
For orders unfavorable to the client, the decision shall not be implemented until the 18th day following the date the initial decision is mailed. This is to allow the client the opportunity to request an agency-level review. If a request is made within the 18-day period, the decision shall not be implemented until the agency-level review is final.
1618.1 Retroactive Payments - When the hearing decision is favorable to the client, or when the agency decides in favor of the client prior to the hearing, the agency shall promptly make corrective payments.
1618.2 Recovery of Overpayments - When the hearing decision upholds agency action, any overpayment made during the fair hearing process is subject to recovery, except in situations where the action being appealed is the application of a work related or CSS penalty. When the hearing decision is favorable to the agency, an overissuance is not appropriate since the penalty period will be applied after the hearing decision is rendered.
1620 Complaint Procedures - A complaint is a verbal or written grievance concerning an agency action or program policy.
1620.1 Complaints Received in Local or Regional Service Center - Upon receipt of a complaint, the local or regional service center shall:
Review the situation and determine if corrective action is indicated. The determination should be made by the EES Supervisor or EES Program Administrator after consulting with the EES Specialist.
Explain the action or policy to the complainant in writing or verbally. If corrective action is necessary, it should be initiated immediately. If corrective action is not indicated, inform the complainant of his right to request a fair hearing and the request procedure.
1620.2 Complaints Received in EES Administration - Complaints received in EES Administration will be referred to the EES Policy Section for response. If the response requires local input, a telephone call or e-mail message outlining the nature of the complaint will be made to the EES Program Administrator or his designee. This person will review the case and determine the appropriateness of the agency's action. If the agency is in error, the EES Program Administrator will mandate that corrective action be initiated immediately.
Once the determination is completed, the EES Program Administrator or designee will telephone or e-mail the EES Policy Section and provide details of the agency's actions as well as any corrective measures taken. The EES Policy Section will then answer the verbal or written complaint. If the EES Program Administrator wishes to respond to a telephone complaint directly, the EES Policy Section will notify the complainant to expect a telephone call from the EES Program Administrator or designee within a pre-determined time period.
Complaints filed through the above system shall not include complaints alleging discrimination. Refer to 1630 for discussion of Civil Rights complaints. This system shall also not include complaints that should be pursued through the fair hearing process.
1620.3 Reviewing Complaints (Food Assistance Requirement Only) - Records of complaints received and their disposition shall be maintained at EES Administration. Complaint records shall be reviewed at least annually to assess whether patterns or problems may be present in local DCF service centers, project areas, or throughout the state. The results of this review shall be provided to the Integrity Manager for appropriate action and for inclusion, if appropriate, in the State Food Assistance Corrective Action Plan.
The information provided to the Integrity Manager shall include the identification, if any, of potential or actual patterns of deficiencies in local DCF service centers, project areas, or throughout the state. Causal factors should also be identified and corrective action taken as needed.
1630 Civil Rights Complaints - Kansas shall maintain a system to ensure that no person in Kansas shall, on the grounds of race, color, national origin, gender, age, sex, disability, political belief, or religion, be excluded from participation in, be denied the benefits of the Food Assistance Program, or be otherwise subjected to discrimination. This section is mandated by the Federal Food and Nutrition Act of 2008, regulations and requirements stated herein apply to the Food Assistance Program, however, basic policies regarding non-discrimination apply to all EES programs.
1630.1 Civil Rights Assurance - A Civil Rights Agreement is negotiated between the U.S. Department of Agriculture and the State of Kansas, and is the responsibility of the Secretary of the Department for Children and Families.
1630.2 Public Notification, Data Collection, Maintenance, Reporting, and Training -
All applicants and participants shall be informed of the following during each interview for initial application or review: Rights and responsibilities; DCF's policy of nondiscrimination; The steps necessary for participation; Procedures for filing a complaint through the local DCF office, EES Administration, Personnel Services, or Food and Nutrition Service, USDA; Procedures for filing for a fair hearing.
The worker shall encourage the responsible person completing the application to complete all questions regarding race or identity on the application. The applicant shall be informed that the information will be used for statistical purposes and will have no effect on his/her eligibility. However, if the applicant fails to provide this information, the worker shall complete the questions by observation.
All local service centers shall: Prominently display the poster, "And Justice for All" or a similar FNS-approved poster in each certification office; Inform all grassroots organizations of the program and program changes. This information may be communicated by letter, publications, or face-to-face contact; and Provide bilingual services, if needed, in the region.
Local service centers shall complete and mail the ES-1600 , Civil Rights Complaint, to the appropriate EES Administration section according to the procedures of this section.
Local service centers shall cooperate with Personnel Services in the investigation and resolution of the complaint;
Local service centers shall take any corrective action indicated by the investigation; and
Local service centers are to ensure that local DCF office staff receive training on the civil rights of applicants/recipients as well as procedures for handling civil rights complaints on a yearly basis. Training shall be done in February of each year using the Pathlore system. Local office staff are required to track training completions to ensure that all staff who have access to the public receive the Civil Rights training. This includes staff who answer the phones and staff who deal with the public in reception areas.
1630.3 Civil Rights Complaint Processing System - In voluntary compliance with Federal regulations and USDA policy regarding the expeditious processing of complaints alleging age discrimination, DCF will refer such complaints to the USDA.
Age Discrimination Complaints - State and Local Level - Within two working days of receiving an oral or written complaint alleging age discrimination, the DCF office receiving the complaint shall: Log the complaint on Form ES-1600 , Civil Rights Complaint. Make sufficient number of copies of the complaint to retain a copy in the file and to send copies to Personnel Services and the Integrity Manager. Send a cover letter and the original of the complaint and/or the ES-1600 to the: Denver Regional Office of Civil Rights U.S. Department of Agriculture Food and Nutrition Service Mountain Plains Region 1244 Speer Boulevard Denver, Colorado 80204 Send the Integrity Manager copy to: Economic and Employment Support Integrity Manager
Complaints from Other Protected Classes - Local Level
Log the complaint on Form ES-1600 , Civil Rights Complaint, completing all information including all actions taken by agency.
Contact the complainant by letter, telephone, or in person within 2 working days after the complaint is received, to offer a local agency conference, and to provide the following addresses if the complainant prefers to file a complaint with USDA and/or the state department: Department for Children and Families Personnel Services 555 S. Kansas Ave., 2nd floor DCF Administration Building Topeka, Kansas 66603 Food and Nutrition Service, USDA 1320 Braddock Place, Room 334 Alexandria, VA 22314
Attempt to settle the complaint to the satisfaction of the complainant by taking corrective action. If the complaint is settled, the local agency should take the appropriate corrective action, complete and mail the Form ES-1600 , Civil Rights Complaint, to the Integrity Manager, not later than 30 days following the receipt of the complaint. Corrective action may include oral or written explanation, interview, change in agency action, or assisting the complainant to either file for a fair hearing, contact Personnel Services or contact USDA. If the complaint cannot be settled within 10 days to the satisfaction of the complainant, inform the complainants that they may write to the Secretary of Agriculture, the Administrator of FNS, or the Denver Regional Office for Civil Rights if they are not satisfied with the State agency's decision. Contact Personnel Services within 15 days following the date the complaint was mailed to determine its status. Cooperate with Personnel Services in investigation and resolution of the complaint, to include taking the necessary actions indicated by the investigation.
NOTE: Regardless of whether the complaint is settled by a local DCF agency or a state EES Administration section, one copy of each civil rights complaint shall be mailed to the attention of the Integrity Manager within the required time frame to insure settlement within 30 days.
Complaints From Other Protected Classes - State Level -EES Administration - Upon receipt of a civil rights complaint filed directly, EES Administration staff shall: Log the complaint on Form ES-1600, Civil Rights Complaint, complete all information including all actions taken by EES Administration. Contact the complainant by letter, telephone, or in person, within two working days after the complaint is received to inform the complainant that the complaint has been sent to Personnel Services for investigation. Notify the local DCF office that a complaint has been filed, then forward the complaint to Personnel Services. Provide technical assistance and advice to local DCF office and Personnel Services regarding the program implications of proposed corrective action. Maintain a record of all civil rights complaints for review by USDA.
Complaints From Other Protected Classes - State Level - Personnel Services - Personnel Services will investigate civil rights complaints and work jointly with the local DCF office and EES Administration to investigate and resolve complaints. Upon receipt of a verbal or written complaint, Personnel Services shall: Log the complaint on Form ES-1600 , Civil Rights Complaint, completing all the appropriate information; Contact the complainant by letter after the complaint is received to offer to schedule a state level conference or inquiry, or provide the USDA addresses if the complainant wishes to lodge a complaint with USDA; Conduct an inquiry to determine the circumstances that contributed to the complaint; Confer with the local DCF office, EES Administration, and the complainant concerning possible corrective action(s); Notify all parties to the complaint by letter when the complaint has been settled, stating the corrective action(s) taken or planned and identifying the persons responsible for taking the action(s); Refer the complainant to USDA if the complaint cannot be resolved; Maintain a record of all civil rights complaints referred to or resolved through Personnel Services.
Civil Rights Complaints Filed with Other DCF Sections - Civil rights complaints regarding the Food Assistance Program filed with other DCF sections shall be documented and referred to EES Administration for disposition. EES Administration shall complete the ES-1600 , Civil Rights Complaint, and proceed according to 1630.3 (3).
Reporting Civil Rights Complaints - The State agency shall submit a report of each discrimination complaint processed at the State level to the FNS Regional Office for Civil Rights within 90 days of the date the complaint was filed.
1640 Grievance Procedures for Regular Employees of Businesses with OJT and/or Worksite Agreements - These procedures were developed to resolve complaints, including complaints by regular employees of businesses that have an OJT contract or a Worksite Agreement. The Cooperative Work Site Agreement (ES-4104) may be found in the Forms . A copy of this form should be provided to all work places that utilize work experience and OJT participants. This notice should be made available to all work places that utilize work experience and OJT participants, and the work places should be notified that the notice should be posted in locations where currently employed staff would review them. Many private employers have established their own employment related grievance procedures, and these procedures should be utilized when available. If the employer's procedures do not lead to satisfactory results for the complainant, or if the employer has not developed an employee grievance process, the following grievance procedures should be utilized. These procedures are as follows:
Step 1 - The complainant can file a written grievance with the DCF Regional Director or designee, requesting an informal resolution; or, the complainant can file a written grievance directly to the designated state hearing officer. The written grievance shall contain the following information and shall be filed with either the DCF Regional Director or designee if desiring an informal resolution or with a qualified state hearing agency if desiring a formal resolution within thirty (30) working days of the occurrence complained of:
Date(s) of occurrence(s);
Place(s) of occurrence(s);
Time(s) of occurrence(s);
Name(s) of witness(es) to the occurrence;
Narrative of occurrence(s);
Previous training counseling, and discipline related to the occurrence(s); and
Whether a grievance was pursued through the private employer, and if so, the result and documentation of the result.
If the written grievance is filed with the DCF Regional Director or designee, the local office has fourteen (14) days from the date the written grievance is received to investigate and provide a written decision to the complainant and responder. If the written grievance is filed with the qualified hearing agency, the grievance will follow the same procedures utilized in Step 2 as appeals of local office decisions.
Step 2 - If the decision reached by the DCF Regional Director or designee fails to meet the complainant's satisfaction, the complainant has five (5) days from the receipt of an DCF Regional Director's or designee's decision to request an impartial hearing appealing the DCF Regional Director or designee's decision. The DCF Regional Director or designee must insure that an impartial hearing is conducted by a qualified state hearing officer within a reasonable amount of time not to exceed sixty (60) days.
If the complainant decides to bypass the informal resolution and desires formal resolution, as stated in Step 1, the grievance must be filed with a qualified state hearing agency within (3) days of occurrence, containing the information outlined in Step 1 and the complainant must receive a hearing within sixty (60) days from the date the complaint is filed.
The state hearing agency will schedule a hearing within forty-five (45) days of the receipt of the written grievance or appeal. The complainant and respondent shall receive written notice of the hearing date at least ten (10) days prior to the hearing. This written notice shall contain the date, time, and place of hearing. The hearing shall occur on the record and the complainant and respondent will have the opportunity to present evidence, bring witnesses, cross examine witnesses, be represented by counsel, and receive a written final decision.
The complainant may request a continuance of the hearing for up to a ten (10) day continuance but in no instance shall the hearing exceed the sixty (60) day requirement from the original filing of the grievance or the appeal.
The written final decision of the impartial hearing board shall contain findings of fact, supporting evidence, and conclusions of law. This written decision shall be issued within twenty-five (25) days from the hearing date and in no instance can exceed ninety (90) days from the date of the originally filed grievance or appeal.
Appeals to the Secretary of Labor - Should the decision of the State issued through the qualified hearing board fail to satisfactorily resolve the grievance, the complainant can appeal the State decision to the Office of Administrative Law Judges, U.S. Department of Labor, Vanguard Building, Room 600, 1111 20th Street N. W., Washington, D.C. 20036.
This appeal shall be filed with the Office of Administrative Law Judges within twenty (20) days of receipt of the State's final decision. The complainant shall send copies of the appeal to the Assistant Secretary for Employment and Training, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, D.C. 20210 and to the Assistant Secretary for Family Support, Department of Health and Human Services, 370 L' Enfant, Promenade SW, 6th Floor, Washington, D.C. 20447.
The appeal shall contain the following:
The full name, address and telephone number of the complainant;
The provisions of the statute or regulations believed to have been violated;
A copy of the original complaint filed by the complainant with the State; and
A copy of the State's findings and decision regarding the appellant's complaint.
1710 Case Records - Case records are required for all assistance cases and are to be separate from social service records. The Economic and Employment Support record shall include required forms to establish eligibility for assistance and additional information and decisions reached regarding eligibility, the amount of assistance, notices to the client, and authorization forms.
Local EES supervisors shall provide training for workers in preparing adequate records and in knowing how and what information to obtain to establish eligibility, determine amount of assistance, and prepare adequate notices.
1710.1 Correspondence - Correspondence which is a substitute for personal interviews plays an important part in the functioning of the agency and for this reason as much care is needed in planning correspondence as is used in the preparation for a personal interview. Notices affecting the eligibility shall become a permanent part of the agency's record and is captured by the eligibility system.
Content of Notices - All notices should contain sufficient information to make clear their purpose, the information desired, and how the information is to be used. The wording should be clear, direct, and adequate to cover the subject. Care should be taken to avoid misunderstanding or misinterpretation.
Filing - Letters from clients are to be retained if they contain significant material. If only an item or two is significant, this information may be recorded and the letter destroyed.
Letters, newspaper clippings, and other material, when not of standard size, should be fastened to full-sized sheets of paper for case filing. They should be dated and properly identified.
1711 Disposition of Obsolete Case Record Material - Destroy any material which is older than 36 months and is not currently in effect on active cases with the following exceptions:
The last application which opened the case;
For AABD cases converted to SSI (whether open for medical or not), the application and budget in effect for December 1973 must be retained indefinitely;
Retain indefinitely all documentation needed to establish current eligibility and payment such as the number of months on assistance, felony drug convictions, progressive penalty occurrences, etc.;
Retain indefinitely the screen print of SSDO and copies of all documents used for enumeration purposes.
Retain indefinitely all material pertaining to unrecovered overpayments, including all documentation for the amount and cause of the overpayment. NOTE: A work program paper file may be destroyed when there is an agency or client overpayment claim if the work program case has been closed for 36 months or longer.
Retain indefinitely all material pertaining to verification of the immigration status of non-citizens.
Retain indefinitely all materials pertaining to documentation of common-law marriage or paternity.
Retain indefinitely all documents used to verify citizenship and identify of the individual.
Retain indefinitely all material related to penalties imposed for non-cooperation with Child Support Services.
Retain indefinitely all material related to penalties imposed for non-cooperation with Work Program requirements.
Retain for 60 days hard copy documents that have been scanned into the electronic storage system.
Food Assistance Only - Retain indefinitely case file documentation which substantiates either pending fraud disqualifications or disqualifications which are being or have been served. This would include documents such as, but not limited to, signed disqualification consent agreements, court determinations, signed waivers waiving the right to an administrative disqualification hearing, an ADH decision, and the notice of disqualification. Maintaining these records is important for determining subsequent fraud penalties and for responding to other State's secondary requests for information. See 1434 , 11250 (7), and 11270 .
Closed cash, food assistance, and child care cases may be destroyed after they have been closed for 36 months except for (1) all material pertaining to unrecovered overpayments, (2) cases that have a designated period of ineligibility which exceeds the retention period (e.g., first-time conviction of fraud, etc.), or (3) cases that have had penalties imposed for non-cooperation with Child Support Services and/or Work Program requirements.
1712 Disposition of Child Care Provider Files - Provider files, including provider agreements, shall be maintained for 5 fiscal years past the closure date of the last provider enrollment form. Information pertaining to unrecovered overpayments and information relating to confirmed, substantiated or validated child abuse and neglect complaints shall be retained indefinitely.
Provider payment files shall be retained for 36 months following the last month of the state fiscal year.
1720 General Information Related to Other Programs
1721 Addiction And Prevention Services - The Addiction And Prevention Services (AAPS) of the Division of Health Care Policy provides substances abuse treatment to low income clients statewide through a network of publicly funded treatment providers. Clients access these services through the five Regional Alcohol and Drug Assessment Centers (RADAC). (See the Web links .) The centers provide a central point of entry to substance abuse treatment services, determine financial eligibility for these services, provide an assessment for alcohol and drug abuse, and refer individuals to an appropriate substance abuse treatment program.
To receive services, the person's income must be at or below 100% of the federal poverty level. For those between 100% and 200% of the federal poverty level, services are provided as treatment services are available and may be subject to a sliding scale fee.
The following continuum of services are available:
Residential services which include: Social Detoxification Treatment Programs which provide short term (2-3 days) 24 hour non-hospital treatment to persons under the influence of alcohol and/or drugs. Intermediate Treatment Programs which provide a 24 hour therapeutic setting for diagnostic and primary treatment services to live-in clients with a past or present alcohol and/or drug abuse history. Reintegration Treatment Programs which provide 24 hour supported residential living to recovering alcoholics and/or drug dependent persons.
Outpatient services which include: Outpatient Day Treatment Programs which provide basic alcohol and drug abuse services on less than a 24 hour basis. Outpatient Counseling Programs which provide non-residential alcohol and/or drug abuse treatment.
Programs may also provide child care for clients in residential treatment as well as case management or other supportive services as authorized on a case by case basis.
When a member of a TANF assistance plan enters residential treatment, it will be necessary to determine whether the absence is of a temporary nature or if the person is no longer considered to be living with other family members. The determining factor will be the person's living arrangement if it were not for the person's admission in a treatment center.
In those instances in which the person is "temporarily" absent from the home, the needs of such person shall be included in the TANF assistance plan. In one parent TANF cases it may be necessary to plan with the client to assure adequate care of the children. If the children are living with another caretaker (such as grandmother), it may be advisable to make a payee change.
TANF clients who receive outpatient treatment do not reside in the treatment center and thus continue to be subject to normal assistance planning and budgeting rules.
1722 Repatriation Program - This program provides assistance for United States citizens returned from foreign countries and has been in effect since 1962.
1722.1 Eligible Persons - The individual must be a citizen of the United States or a dependent of a citizen. Such dependents include: spouses, parents, grandparents, unmarried minor children (as defined by State law), including adopted children and stepchildren, unmarried adult children who are dependent because they are handicapped, including adopted children and stepchildren, spouse's parents, spouse's grandparents, and minor siblings of the repatriate and spouse.
Such individuals must be without resources immediately available to meet their needs. Within 60 days of arrival, all persons who are 65 years of age or older, blind, or disabled must be referred to SSA for SSI benefits. Individuals are ineligible for repatriation funding upon receipt of SSI benefits.
For such individuals, a written statement must have been transmitted to the Department of Health and Human Services, by an authorized official of the Department of State containing information which identified him as having returned, or been brought, from a foreign country to the United States because of the destitution of the citizen of the United States, or the illness of such citizen or any of his dependents, or because of war, threat of war, invasion, or similar crisis. Such statement shall, if possible, incorporate or have attached hereto, all available pertinent information concerning the individual. In case of war, threat of war, invasion, or similar crisis, a determination by the Department of State that such a condition is the general cause for the return of citizens of the United States and their dependents from a particular foreign country, and evidence that an individual has returned, or been brought from such country to the United States shall be considered sufficient identification of the reason for his return to, or entry into the United States.
Recipients of this program are expected to repay assistance provided when possible. A sample repayment agreement is included in the Forms Section .
1722.2 Assistance to be Provided - Temporary assistance may be furnished only for 90 days from the day of arrival of the individual in the United States unless that individual is handicapped in obtaining self-support or self-care for such reasons of age, disability, or lack of vocational skills. In such cases, temporary assistance may be extended upon prior authorization of the Regional Office of the Family Support Administration for a maximum of 9 additional months.
Form SSA-2061 must be submitted to the EES Policy Section for approval by Regional and Central Offices of the Family Support Administration before payment is made.
Cash assistance is based on TANF standards as provided in 2220 and 7510 .
1723 Safe at Home - The Safe at Home Program, enacted in Kansas in 2006 and administered by the Attorney General’s Office, is a confidential address program that benefits victims of sexual harassment and survivors of domestic violence, sexual assault, or stalking who have moved to a new location; unknown to their abuser. The program provides (1) a substitute address to be used by participants as their legal address when interacting with state and local agencies, and (2) a free mail forwarding service for first-class mail. Victims can register to vote, obtain a driver's license, etc., without fear that such public records will put them at risk of being located by their abuser .
Participants in this program will have to identify themselves to you and should present an authorization card with the Safe at Home mailing address, a contact phone number, the participant number, and an expiration date.
See 1321.3 for guidance on how the agency is to handle the address in these situations.
1724 Reserved
1725 Reserved
1726 Family Emergency Assistance - Through the Family Emergency Assistance program, the Prevention and Protection Services Commission provides benefits to families in which children are at risk of abuse or neglect, out of home placement, or institutionalization. For details of the FEA program, refer to the Prevention and Protection Services Policy and Procedures Manual.
1727 Child Care Grants - Child care grants are not available at this time. Loans may be available through First Children's Finance-Kansas, a division of Development Corporation for Children.
1728 Kansas Early Head Start Initiative - Kansas Early Head Start (KEHS) is a child development program offered to pregnant women and children up to age 4. Families enrolled in KEHS receive comprehensive child development services, but must be attending school, working, or participating in a job-training program to qualify for no cost child care .
The purpose of this program is to enhance children's physical, social, emotional, and intellectual development; to support parents' efforts to fulfill their parental roles; and to help parents move toward self-sufficiency.
Kansas Early Head Start offers children and families comprehensive child development services through center-based, home-based, and combination program options. Children and families enrolled in center-based programs receive comprehensive child development services in a center-based child care setting, supplemented with home visits by the Early Head Start Home Visitor. The center-based teacher accompanies the home visitor at least twice a year in the child's home. In home-based settings children and their families are supported through weekly home visits and bi-monthly group socializations.
Programs participating in this effort ensure quality by meeting the requirements in the Head Start Performance Standards; they provide early individualized child development and parent education services to low-income families according to a plan developed jointly by parents and staff; they provide early opportunities for infants and toddlers with and without disabilities to grow and develop together in nurturing and inclusive settings; they work with families who are unemployed to either return to school, enter a TANF approved training or seek employment; they respond to the needs of families, including the need for full-time child care for working families; they connect with service providers at the local level to ensure that a comprehensive array of health, nutrition, and other services is provided to the program's pregnant women, children, and families.
Through a federal partnership each of the KEHS programs receive federal funding for technical and training assistance (T/TA). It is from these T/TA dollars that KEHS programs provide training to child care providers with whom they have a partnership agreement. This includes the Child Development Associate (CDA) that child care partners are required to obtain. The CDA is a national credentialing program to improve the quality of child care . Candidates must complete coursework, prepare a portfolio, and take a final assessment before they are awarded this certificate. The KEHS programs partner with existing child care providers in their community to enhance the quality of care for all children in the provider's care, and to offer choice of child care settings to enrolled families. (See 3330.5 regarding EHS as a work component.)
1730 Miscellaneous Information
1731 - Voter Registration - The National Voter Registration Act of 1993 requires voter registration to be available in public assistance offices. The Act also requires that anyone applying for or receiving public assistance, including TANF, Food Assistance, Child Care, SUN Bucks and LIEAP, be offered the opportunity to register to vote at the time of initial application, each eligibility review, and each report of a change of address.
Each individual must be informed of this registration service and offered the same level of assistance in completing the voter registration application or declining the registration activity as the agency provides in completing our benefits applications or other processes. The requirement to provide “equal assistance” in filling out voter registration materials means that staff must understand and be able to answer questions about Kansas’ voting eligibility requirements and must offer assistance in completing a voter registration application. Application, review, and reporting documents offer everyone the opportunity to register to vote or to decline to register, by answering the “voter preference question.” If an individual does not complete this page of the application, it is considered a declination of voter registration at that time. Completion of the voter registration page of the ES-3100 is not a condition of eligibility for assistance and has no bearing on case processing or eligibility. The agency is required by law to provide voter registration applications to clients unless they decline in writing. This means that if the individual does not indicate a choice regarding the “voter preference question” on this page (leaving it blank), the agency must provide the individual with a voter registration application.
Those applying on-line are offered the opportunity to link to the State’s voter registration site or to have a voter registration application mailed to them.
DCF staff taking a report of a change of address or name change by telephone or in person should inform the individual that a change of address or name requires new voter registration and DCF staff should ask the individual if they wish to register to vote. Change of address forms developed by local offices must include the same voter registration and declination preference language as is included in application, review, and reporting documents and local staff must react to a “blank” response to the “voter preference question” by providing or mailing the voter registration application. All those who answer "yes" are to be handed or mailed a voter registration application. The individual’s response to the offer to register to vote is to be recorded on a voter preference form .
During an in-person transactions, the clients or applicants should complete the voter preference form themselves. During telephone transactions, DCF staff should record the response on the voter preference form. Local offices must keep all voter preference forms for at least two years. See Web Links for a copy of the Voter Registration Application. (Information on eligibility requirements will be provided to staff and further questions about voter registration can be directed to the Secretary of State’s office at 1-800-262-VOTE(8683).) DCF is also responsible for ensuring that any voter registration applications returned by clients to agency staff or offices are transmitted to the appropriate local county elections officials within five days of receipt.
1732 Quality Assurance - The QA system was established to improve program management by providing management information related to payment accuracy. The QA system is also mandated for the Food Assistance Program by the United States Department of Agriculture. The EES Administration Corrective Action (CA) Coordinator has the responsibility to review all potential QA errors before and after the local agency response. The local agency has the following responsibilities when QA submits a QA-7202:
Review the report.
Review the case to make sure proper corrective action is taken.
Respond to the report in writing on error cases by stating how the case was corrected and what action has been taken to assure that similar errors are being corrected in the total caseload. Claims must be prepared in accordance with the time frames in 11123 for all identified overpayments.
Identify the problem (policy, implementation procedure, etc.) and make sure that workers have enough information to implement the programs.
Retain one copy of the QA-7202 for the case file and mail the other copy to the CA Coordinator. The Performance Reporting staff will place a return date on the QA-7202. If the Quality Assurance decision is to be contested, all information needed to contest the decision must be received by the CA Coordinator no later than the date shown on the QC-7202.
The procedures noted below shall be followed when there is disagreement with a QA finding (not applicable to uncontested findings).
The EES Specialist and/or supervisor shall clearly state on the QA-7202 that the agency does not agree with the QA finding. Manual references and other documentation to support the correctness of the case shall be provided.
The QA-7202 on contested cases shall be routed through the EES Program Administrator who will review the agency's response and consult with the CA Coordinator if necessary.
If the EES Program Administrator agrees with the QA finding, it shall be so stated on the QA-7202, which will be forwarded to the CA Coordinator. The EES Program Administrator is responsible for clarifying with staff the reason for not contesting the finding. This should provide an excellent opportunity for training and clarifying existing policies and procedures.
If the EES Program Administrator decides to contest the QA finding, it shall be so stated on the QA-7202 and forwarded to the CA Coordinator.
1733 Kansas State Employment Services (KES) - KES maintains a listing of job openings in communities which can be used as a resource for clients seeking employment. The job listing can be accessed in KES offices and via the Internet where available.
KES provides DCF with weekly unemployment compensation reports which are sent to the local DCF offices. Unemployment compensation information is also available from the KES online system along with quarterly earnings data. In addition, DCF receives a new hire report cross matched with DCF clients.
1734 Out-Of-Town Inquiries - Care needs to be taken to make requests of other agencies only when necessary. In making inquiries in other states, consult the latest edition of "The Public Human Services Directory" for information regarding the agency and whether the state agency acts as a forwarding center. Inquiries should be addressed to the agency concerned whether inside or outside of the state, unless the local office considers this a particular problem which needs to be routed through EES Administration.
A signed copy of the Information Release Form should be included in the correspondence whenever the consent of the client to the giving of that information is needed. This would include information such as medical, legal, or financial.
Out-of-town inquiries should be answered promptly and in sufficient detail to enable the inquiring agency to plan effectively. The EES Program Administrator or supervisor must read and sign all correspondence when agency policy rather than individual case planning is involved.
2000 - GENERAL ELIGIBILITY REQUIREMENTS
This section describes non-financial eligibility requirements which are common to all programs as well as those general program criteria specific to each. Assistance can only be provided when all applicable requirements have been met for a particular program.
2100 REQUIREMENTS COMMON TO ALL OR MOST PROGRAMS
2110 Act in Own Behalf - In order to apply for assistance, the individual must be legally capable of acting in his or her own behalf.
2111 Adults - An adult for application purposes is defined as anyone 18 years of age or older. An adult’s capacity to act in their own behalf determines whether or not they are allowed to apply for assistance.
Legally Incapacitated - Legally incapacitated adults are not eligible to receive assistance unless such assistance is applied for by a guardian or conservator. A legally incapacitated adult shall be defined as any adult who is impaired both physically and mentally by reason of mental illness, mental deficiency, physical illness or disability to the extent that he or she is unable to understand or communicate responsible decisions concerning his or her person, or to the extent the adult cannot effectively manage or apply his or her estate to necessary ends for whom a guardian or conservator has been appointed by the court.
Not Legally Incapacitated - Any adult who has not been determined to be legally incapacitated as described in subsection 1. above is presumed to be able to act in their own behalf. A competent adult may apply for assistance for himself or herself. The following additional individuals may apply on behalf of a competent adult without requiring authorization from the adult: The spouse of the adult. The partner of the adult with whom there is a mutual child (including an unborn child). A tax filer who claims (or intends to claim) the adult as a dependent on his or her federal tax return. A person with a durable power of attorney (for financial decisions) for the adult. The representative payee for Social Security benefits for the adult. In rare instances where the adult is unable to file his or her own application and obtaining a written consent is not possible, the application shall be accepted and a referral completed to Social Services to have a guardian or conservator appointed if appropriate.
When someone other than the adult is acting in his or her behalf, all notices must still be sent to the applicant/recipient in addition to the authorized representative.
2112 Minors - A minor for application purposes is anyone under 18 years of age. A minor’s capacity to act in his or her own behalf determines whether or not he or she is allowed to apply for assistance.
A minor is presumed to be legally incapable of acting in his or her behalf and therefore may not apply for himself or herself. However, a minor can act in his or her own behalf and receive assistance only under one of the following circumstances: A court has emancipated the minor by bestowing the rights of majority upon the minor. Such an individual is legally an adult. The minor is age 16 or 17 and is or has been married. There is no caretaker exercising parental control over the child or willing to assume parental control and one of the following circumstances exist: The parents of the minor are institutionalized per 4140. The minor has no parent who is living or whose whereabouts is known. The health and safety of the minor has or would be jeopardized by remaining in the household with the minor's parents or other caretakers. Such status must be documented by an independent source such as social services, law enforcement, religious authorities or a battered person's shelter. If local arrangements are made between EES and Prevention and Protection Services (PPS), a referral may be made to PPS for assistance in determining the status of the minor's parents or other caretakers and any health and safety issues that would exist in such living arrangements. The determination of a minor's ability to act in own behalf under this provision must be approved by the EES Program Administrator or designee and documented in the case record. The minor is placed into independent living by DCF. In situations where the minor’s needs are being met by PPS or a foster care contractor, the minor cannot apply for his/her own needs but may apply on behalf of his/her child providing the child resides with the minor and is not in DCF custody. The minor enters an approved transitional living program, such as MINK. The minor enters Job Corps or another approved adult-supervised living arrangement, and the EES Program Administrator or designee, on a case-by-case basis, determines it is in the best interests of the minor to allow the minor to apply in his or her own behalf. This decision must be documented in the case record. Once a minor approved to act in his or her own behalf leaves the group living arrangement, the EES Program Administrator or designee must determine if it continues to be in the minor's best interests to act on his or her own behalf and document the decision in the case record. The EES Program Administrator's approval is required only if the minor does not qualify to act in his or her own behalf based on one of the categories in a through (e) above.
Minors who are unable to act in their own behalf are not eligible to receive assistance unless such assistance is applied for by a person meeting one of the following criteria: All programs A parent or caretaker (as defined in 2220 , 2221 , 2222 , and 2223 ). This includes an adult mandatory filing unit member in the situations noted in 2220 . An adult household member (Food Assistance Only).
2120 Cooperation - The client must cooperate with all program requirements. In addition, the client (including an ineligible caretaker for cash) shall cooperate with the agency in the establishment of eligibility including providing necessary information, reporting changes, as required, cooperating in the application process, cooperating in quality assurance reviews, and, for cash, cooperating in obtaining resources.
2121 Supplying Information - The client (or ineligible caretaker) shall supply information essential to the establishment of eligibility; give written permission on prescribed forms for release of information regarding resources when needed; and report changes in circumstances in accordance with 9121 or 9122 as appropriate. In addition, the completion of the Self-Assessment (E-6) and the online Employment Services orientation tutorial are conditions of eligibility for TANF assistance and need to be completed for all mandatory adults who are eligible for TANF Assistance and receive TANF benefits for themselves. Confirmation of the completed self-assessment and orientation tutorial must be reported to the DCF office prior to TANF approval. Also see also Section 3130 .
The “Acknowledgement of TANF Suspicion-based Drug Testing Policy (TANF ONLY)” must be signed at application or review prior to processing the application. This form is required to be signed when an adult on the TANF case is part of the mandatory filing unit. Failure to sign the Acknowledgement will result in ineligibility for TANF for the mandatory filing unit.
Failure to provide information necessary to determine eligibility shall result in ineligibility. However, the agency may not terminate or deny assistance solely because the client or caretaker refuses to cooperate with or consent to a home visit. A case which has been closed for failure to provide information is to be reinstated when the required information is provided by the end of the month following the effective date of closure and all other eligibility requirements are met. Refer to 1423 .
2122 Application and Review Process - To determine eligibility, the application form must be completed and signed, if applicable, a face-to-face interview conducted per 1412.1 , and certain information on the application must be verified. If denied or terminated for refusal to cooperate, the client may reapply but shall not be determined eligible until he or she cooperates.
The client shall also be determined ineligible if he or she refuses to cooperate in any subsequent review of its eligibility, including reviews generated by reported changes and recertification.
2123 Cooperation with Quality Assurance - The client must cooperate in any Quality Assurance review. Failure to cooperate renders the household ineligible for food assistance, child care benefits and the entire assistance plan ineligible for TANF. However, current eligibility is affected only when the program reviewed: 1) is the same as the assistance currently being provided or applied for (e.g., TANF reviewed and there is current receipt of TANF), or 2) affects eligibility for the current program (e.g., TANF reviewed and eligibility affects the 3 to 6 months receipt of TANF requirement for current TransMed eligibility). If assistance is terminated for refusal to cooperate, a new application may be filed but shall not be determined eligible until cooperation with the quality assurance review occurs. The case can also be reinstated with no proration of benefits, if the household cooperates in the month following the month of closure. See 1423 .
2123.1 Specific Provisions for Food Assistance - For food assistance, both the state and federal quality assurance annual review period ends on September 30 of each year.
Refusal to Cooperate with State Quality Control - If a household, terminated for refusal to cooperate with a state quality control review, reapplies after 125 days from the end of the annual review period (February 3 or later of the following year), the household shall not be determined ineligible for its refusal to cooperate with state quality control, but must provide verification in accordance with 1322.1 (7).
Refusal to Cooperate with Federal Quality Control - If a household, terminated for refusal to cooperate with federal quality control, reapplies after nine months from the end of the annual review period (July 1 or later of the following year), the household shall not be determined ineligible for its refusal to cooperate with a federal quality control review, but must provide verification in accordance with 1322.1 (7).
If a household member who refuses to cooperate with federal or state quality control leaves the household, the penalty must follow the person who refused to cooperate. Refer to 4212.1(6) .
2124 Potential Resources (Not Applicable to the Food Assistance and Child Care Programs) - See Policy Memo #99-10-03 re: "Potential Resources".
Potential Resources (Not Applicable to the Food Assistance and Child Care Programs) - For cash purposes, a client shall cooperate with the agency to obtain potential resources. The client is required to take action to:
obtain any resources due such client with respect to whom assistance is claimed; and
obtain any income due such client with respect to whom assistance is claimed.
2124.1 Requirements - The client is required to take any necessary action to acquire potential resources. In many instances, legal action may be necessary. In general, any source must be considered. It is the responsibility of the client to demonstrate all required actions have been taken to make the resource available. The special situations listed below are applicable:
For TANF, a pregnant woman is not required to pursue and cooperate with UC in the third trimester of pregnancy. In either situation cooperation is required when the postpartum period as defined in KFMAM expires.
Persons may not be rendered ineligible for failure to apply for or receive SSI benefits unless qualifying for TANF per 2181 .
2124.2 Failure to Comply - Failure to meet these requirements without good cause shall:
For cash assistance, render the mandatory filing unit of which the potential beneficiary of the resource is a member ineligible for assistance; or
If the client is cooperating in obtaining the identified potential resource, assistance shall continue.
Note: If the client does not cooperate in obtaining medical coverage, the Work Program case manager will determine if a subsequent Work Program failure has occurred and a Work Program penalty should be established.
2130 Social Security Numbers (Not Applicable to Child Care) - As a condition of eligibility, a Social Security number, or verification of application for one, must be provided for the following before assistance is approved:
Programs other than cash and food assistance - All members for whom assistance is requested.
For cash and food assistance purposes – All members of the mandatory filing unit or food assistance household as defined in KEESM 4200 and subsections.
For newborns, see 2132. For non-citizens, See Policy Memo # 00-12-03 .
For those individuals who provide an SSN prior to approval or visit during any contact, the specialist shall record the SSN and verify it according to 2131 (1). For those individuals required to provide an SSN who do not have one, who do not know if they have one, or who are unable to find their SSN, or for whom the SSN provided appears questionable, an application for a Social Security number must be completed. The SSN application must be made at the local SSA office and verification of that application from SSA must be provided before approval.
An SSN may be applied for on a newborn child through the SSA's Enumeration at Birth process. The specialist shall explain to clients that refusal or failure without good cause to provide or apply for an SSN will result in exclusion of the individual for whom an SSN is not provided. The individual that has applied for an SSN shall be allowed to participate pending receipt of an SSN.
If an individual has been issued more than one number by Social Security, all numbers issued to that individual shall be provided. The current assigned number for that individual shall be used for eligibility purposes. Assignment of a new number occurs in limited circumstances including adoption of a child, the number is too similar to another family member’s number, more than one individual has been assigned or is using the number, identity theft, victims of sexual harassment and survivors of domestic violence, sexual assault, stalking or religious objection to the assigned number.
2131 Verification of SSN -
The Social Security number(s) reported by the client shall be verified by an automated match with the Social Security Administration. This SSA verification is an automatic process that happens through interfaces between SSA and KEES and is initiated by an overnight batch. After the SSN has been verified by SSA, the status displayed in KEES will be HUB-SSA or SSA-SVES.
If the individual’s SSN is not verified in the above-mentioned process, the individual may provide proof of their SSN by supplying a copy of their Social Security card or other official document containing the SSN. Often, a SSN may be unverified due to a name or date of birth difference between our records and those owned by SSA.
If the individual's SSN has not been verified as described in item (1) and they have no Social Security card or other official document containing the SSN an application for a replacement Social Security card must be requested. The person should be referred to the appropriate SSA office. Refer to 2136 . Proof from SSA that the individual has applied for the replacement Social Security card shall meet the SSN verification provision pending receipt of further documentation.
When a copy of the individual’s Social Security card has been provided, it shall be maintained in the case file indefinitely.
A verified SSN shall be re-verified only if the identity of the individual or the SSN becomes questionable.
2132 Participation Without an SSN - If any client is unable to provide an SSN, that individual must apply for one prior to approval. The individual must apply for the required SSN at the Social Security Office and verification of application for the number is required. The individual who is unable to provide an SSN, but has applied for one, may receive assistance pending receipt of the required Social Security number. When the client submits proof of application for an SSN, the individual may participate throughout the duration of the review period. (This includes SSN's applied for through the SSA's Enumeration at Birth process.) If the SSN has not been reported by the time of the next review, it should be requested at that time. If the client has the SSN, but fails or refuses to provide it, the individual is ineligible per 2134 . If the client claims they did not receive an SSN, or that they received the number, but have subsequently lost it, they must begin the process again by applying for a replacement card at the district SSA office. Once the client reapplies for a number and provides documentation, they may receive assistance until the next review.
If proof of application for an SSN for a newborn cannot be provided, the SSN or proof of application must be provided at the next review or within 6 months following the month the child is born, whichever is later. If an SSN or proof of application for an SSN cannot be provided at the next review or within 6 months following the baby's birth, the State agency shall determine if the good cause provisions of 2133 are applicable.
NOTE: Based on SSA's Enumeration at Birth process, a parent can apply for an SSN for a newborn child through the process of initiating a birth certificate at the hospital. If he or she does so, documentation that an SSN has been applied for can be acquired from the hospital in one of the two ways. For hospitals submitting birth registration information to the Kansas Office of Vital Statistics electronically (through the Electronic Birth Certificates or EBC process), a letter on the hospital stationery is acceptable. This letter must be titled "Birth Confirmation Letter," contain information about the birth and a statement confirming the SSN application, and be signed and dated by an authorized hospital official. For hospitals which do not use the electronic process, a copy of form SSA-2853 which is given to the parent is acceptable. The SSA-2853 form must contain the name of the newborn as well as the date and signature of an authorized hospital official to be considered valid documentation. A copy of the letter or form is to be included in the case file. If the letter or form is not available, a copy of the child's certified birth certificate showing that the Enumeration process was elected is also acceptable documentation.
2133 Good Cause for Participation Without an SSN - The client who establishes good cause for failure to apply for an SSN shall be allowed to receive assistance for 1 month in addition to the month of application. For benefits to continue past these 2 months, good cause for failure to apply must be shown and documented on a monthly basis.
In determining if good cause exists for failure to comply with the requirement to apply for or provide an SSN, the specialist shall consider information from the individual, SSA, and any other appropriate sources. Documentary evidence or collateral information that the individual has applied for an SSN or made every effort to supply the necessary documents to complete an application for an SSN shall be considered good cause for not complying timely with this requirement. Good cause does not include delays due to illness, lack of transportation, or temporary absences because SSA makes provisions for mailing applications in lieu of applying in person. If the individual can show good cause why an application for an SSN has not been completed in a timely manner, that person shall be eligible for assistance for 1 month in addition to the month of application. Good cause for failure to apply must be shown monthly after the initial 2 months for such an individual to continue to participate. Good cause must be documented to support the decision to allow the individual to receive assistance pending application for an SSN.
2134 Refusal or Failure to Provide or Apply for SSN - An individual who has without good cause refused or failed to provide an SSN or to apply for one shall be ineligible for assistance. The eligibility and amount of benefits for any remaining family or household members shall be determined. The income and resources of the excluded individual shall be considered for cash and food assistance as outlined in 4113 and 4212 .
The individual excluded for failure or refusal to provide or to apply for an SSN may become eligible upon providing the agency with an SSN or proof of application for the required number. The report of this number or proof of application for such number shall be treated as a reported change and benefits affected as outlined in 9121.1 and 9122.7 .1 shall be entered.
2135 Use of SSN - The agency is authorized to use SSN's in the administration of the cash, food assistance, and child care programs. The SSN shall be used in accessing KDOL records of wages and benefits. To the extent determined by Health and Human Services, the agency shall have access to information regarding individual clients who receive benefits under Titles II, XVI, and XVIII of the Social Security Act to determine eligibility to receive assistance and the amount of assistance or to verify information related to the benefits of these clients. The specialist should use the BENDEX and SDX to the greatest extent possible. Social Security numbers also should be used to prevent duplicate participation and to determine the accuracy and/or reliability of information given by the client or household.
2136 Referral Procedure for Applying for an SSN - The following referral procedure shall be used for persons who must apply for an SSN.
Refer all persons needing to apply for an original or replacement SSN per 2130 to the appropriate local SSA office. (See Web links Section.)
Staff should inform the client of the necessary documentation needed and assist him or her in completing the SS-5. (Refer to 2137 .)
This form may be mailed, e-mailed or hand delivered to the SSA office.
A receipt from SSA acknowledging the application is still acceptable proof for meeting the SSN requirement.
2137 Entering SSN's on KEES - An SSN initially supplied by a client shall be entered on the system even if it has not been verified. See the KEES user manual for information on system processing when the number is not initially known and they filed a SSN application.
If the number supplied by the client is later determined to be incorrect through either the BENDEX verification process or the DCF validation process, the system shall be updated to reflect the proper number or, if the proper number is unknown and they filed a SSN application, then the SSN Status will need entered as “SSN Application Filed at SSA”
2140 Citizenship and Non-citizen Status - "See Policy Memo # 00-12-03 re: "Access to Benefits for Qualifying and Non-qualifying Non-citizens and Their Families".
Eligibility for assistance shall be limited to those individuals who are citizens or who meet qualified non-citizen status as specified in 2142 or 2143 .
Non-citizens who are not described in 2142 or 2143 , including persons not lawfully admitted to the United States and persons admitted for temporary purposes, shall not be eligible for benefits, except victims of trafficking as described in 2144 . This is true even though the non-citizen may be receiving other government benefits such as Medicare. Other examples of non-eligible persons include those who are granted stays of deportation, persons admitted under the Family Unity provision, foreign visitors, tourists, diplomats, or students who enter the United States temporarily with no intention of abandoning their residence in a foreign country. A non-citizen who enters the United States for a limited period of time and subsequently decides to remain in the United States must go back to Department of Homeland Security (formerly INS) and obtain appropriate documentation before his or her eligibility can be established.
At the time of application, the client who signs the application form certifies under penalty of perjury the truth of the information concerning citizenship and non-citizen status of all household members for whom assistance is requested.
NOTE: For cases in which assistance is provided on behalf of a child, such as child care, only the citizenship or non-citizen status of the child who is the primary beneficiary is relevant for eligibility purposes.
2141 Citizenship - Citizens of the United States of America include persons born in any of the 50 states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, Swains Island, and the Northern Mariana Islands. Persons born in the Panama Canal Zone from 1904 to October 1, 1979 received citizenship at birth if one or both parents was a U.S. citizen. In addition, based on the provisions of the Child Citizenship Act, children born outside of the United States who are under 18, admitted to the U.S. as a lawful permanent resident, and in the legal and physical custody of a citizen parent are considered citizens at birth per 2141.1 and meet citizenship criteria automatically.
NOTE: Citizens of Micronesia, Palau, and the Marshall Islands have the right to enter, work, and establish residence as a non-immigrant in the United States. They are not considered citizens of the United States and must meet the qualifications of 2142 to receive cash, child care or 2143 to receive food assistance.
2141.1 Citizens at Birth - With the exception of individuals born in the U.S. to foreign sovereigns or diplomatic officers, all individuals born in the United States are U.S. citizens. In addition many persons born in the U.S. territories are also citizens. Most other individuals born outside of the U.S. must become citizens through naturalization. However, certain children born outside the United States establish citizenship at birth without completing the naturalization process. These individuals are also considered citizens at birth. Although individuals who meet the criteria were issued immigration documents in order to enter the United States, some may not have obtained a Certificate of Citizenship from the Department of Homeland Security (formerly INS).
Foreign-born individuals born to or adopted by at least one citizen parent are potentially considered citizens at birth. The following rules shall be considered when determining if a foreign-born individual is a citizen at birth.
For persons born on or before January 13, 1941 - At least one parent is a citizen who lived in the U.S. prior to the child's birth.
For persons born between January 14, 1941 and November 13, 1986 - If both parents are citizens, at least one resided in the U.S. prior to the child's birth. If one parent is a U.S. citizen, the citizen parent must have lived in the U.S. for at least 10 years.
For persons born after November 14, 1986 who are over the age of 18 - If both parents are citizens, at least one resided in the U.S. prior to the child's birth. If one parent is a U.S. citizen, the citizen parent must have lived in the U.S. for at least 5 years.
For children under age 18 - The Child Citizenship Act of 2000 went into effect on February 27, 2001 and provides automatic citizenship to certain foreign-born children. Automatic citizenship occurs on the date the following criteria have all been met: The child has at least one U.S. citizen parent (by birth or naturalization); The child is currently residing permanently in the United States in the legal and physical custody of the U.S. citizen parent; and; The child is a lawful permanent resident. This includes both natural and adopted children. These children generally enter the county with an IR-3 visa. It is not a requirement that the above criteria are achieved in a specified order, rather that the automatic citizenship is conferred upon the child on the date when all criteria have been achieved. Individuals who were under 18 and living in the U.S. on February 27, 2001 and met the new criteria also became citizens on that date.
See 2145 for citizenship documentation requirements.
2142 Qualified Non-Citizen Status for the Cash and Child Care Programs - Eligibility for cash, and child care benefits is limited to the following groups of qualifying non-citizens who also meet state residency requirements. Documentation requirements are specified in the Non-Citizen Qualification Chart in the Appendix . The 5 year ban on receipt of assistance described in 2142.2 does NOT apply to the following non-citizens.
2142.1 Eligible Non-Citizens - The following non-citizens are eligible for cash and child care benefits.
Refugees admitted under 207 of the Immigration and Nationality Act (INA); NOTE: Non-citizens who are certified victims of severe forms of trafficking are eligible to the same extent as non-citizens who are admitted to the U.S. as refugees under section 207 of the INA. See 2144 . NOTE: Effective December 19, 2009, Iraqi and Afghani Special Immigrants (SIVs) are eligible for cash and child care benefits to the same extent and for the same time periods as refugees. Iraqi and Afghani aliens (non-citizens) and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a)(27) of the INA. See Appendix item A-13 for a list of documents that will confirm Iraqi and Afghani special immigrant status.
Asylees granted asylum under 208 of the INA;
Non-citizens whose deportation has been withheld under Section 243 (h) of the INA or removal withheld under Section 241(b)(3) of the INA;
Cuban or Haitian entrants as defined in section 501 of the Refugee Education Assistance Act of 1980;
Persons admitted as an Amerasian Immigrant pursuant to section 584 of the Foreign Operational Export Financing, and Related Programs Appropriations Act of 1988;
Persons who have obtained lawful permanent resident status or who have been battered per 2142.2 (3) below and are honorably discharged veterans or are on active duty in the United States armed forces. The former or current spouse and/or dependent children of such persons are also potentially eligible under this provision. (Includes individuals who served in the Philippine Commonwealth Army during WW II or as Philippine Scouts following the war. This change is pursuant to the Balanced Budget Act of 1997.);
Persons who have obtained lawful permanent residence status and who entered the U.S. on or before August 22, 1996. This includes persons who did not obtain lawful permanent resident status until after August 22, 1996 (Also see .);
Persons granted parole or conditional entry status and who entered the U.S. on or before August 22, 1996. This includes persons who did not obtain such status until after August 22, 1996; and
Persons who do not meet one of the other qualifying statuses, but who have been battered or subject to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent and who entered the U.S. on or before August 22, 1996 . Such persons must have a pending or approved Violence Against Women Act (VAWA) case or family-based petition before the Department of Homeland Security (formerly INS). This also includes the person's children who have also been battered or subject to extreme cruelty.
Compacts of Free Association (COFA) Citizens of the Federated States of Micronesia, the Republic of the Marshal Islands, and the Republic of Palau who lawfully reside in the United States.
2142.2 Non-Citizens Who Qualify After 5 Years From the Date of Entry or the Date Status Was Granted - If otherwise eligible, the following non-citizens who entered the U.S. after August 22, 1996 qualify for cash and child care benefits 5 years after their date of entry to the United States:
If they have not been in the country for five years from date of entry, they do not meet non-citizen criteria and are ineligible .
The date of entry for persons who entered the country on or after August 22, 1996 is the date the individual attained one of the qualifying statuses listed below. The date the immigrant actually entered the country is not relevant unless it is prior to August 22, 1996. The five year bar begins to run from the date the immigrant obtains a qualified status.
Persons lawfully admitted for permanent residence;
Persons granted parole or conditional entry status;
Persons who do not meet one of the statuses listed in (1) or (2) above, but who have been battered or subject to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent with pending or approved Violence Against Women Act (VAWA) cases or family-based petitions before the Department of Homeland Security (formerly INS) . This also includes the person's children who have also been battered or subject to extreme cruelty.
2143 Qualified Non-Citizen Status for Food Assistance - "See Policy Memo # 03-02-01 re: "Restoration of Food Assistance Benefits for Non-citizens".
Eligibility for food assistance benefits is limited to the following groups of qualifying non-citizens who also meet state residency requirements:
This includes non-citizens who entered the country or were granted one of the qualifying statuses after August 22, 1996. Documentation requirements are specified in the Non-Citizen Status/Program Qualification Chart in the Appendix . Also refer to the Guidance on Non-Citizen Verification - Food Assistance Program, Appendix Item A-2.
2143.1 Non-citizens Immediately Eligible - Non-citizens meeting one of the following qualifying statuses are eligible immediately after the date of entrance or the date status was granted:
Individuals who have been granted the status of Cuban or Haitian entrants as defined in section 501(e) of the Refugee Education Assistance Act of 1980; or
Individuals who lawfully reside in the United States in accordance with a Compact of Free Association referred to in section 402(b)(2)(G) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
Individuals who have adjusted their status to Lawful Permanent Resident after previously being granted a status of: Refugee Asylee Deportation Withheld Cuban or Haitian Entrant Amerasian Compacts of Free Association Citizen American Indian Born Abroad Hmong or Highland Laotian Tribal Members Iraqi and Afghan Special Immigrant (SIV) Certain Afghan Nationals Granted Parole Between July 31, 2021, and September 30, 2024 Certain Ukrainian Nationals Granted Parole Between February 24, 2022, and September 30, 2024 Victims of Severe Trafficking
NOTE: Prior to the Farm Bill of 2002, non-citizens noted above were only eligible for seven years after the date of entrance in the U.S. or the date status was granted. The Farm Bill changed the law to state that non-citizens granted lawful permanent resident status who have been in the U.S. for a period of five years or longer are eligible for food assistance. For all practical purposes therefore, the above categories of non-citizens qualify for food assistance indefinitely. The main group of non-citizens affected by the new 5-year requirement are lawful permanent residents who formerly could only qualify if they had 40 qualifying quarters of coverage. See the next section.
2143.2 Non-Citizens Who Qualify After 5 Years from the Date of Entry or the Date Status was Granted - Individuals lawfully admitted for permanent residence are eligible for Food Assistance after they have lived in the United States for a period of five years or longer.
Lawful permanent residents formerly could only qualify for food assistance when they had worked 40 qualifying quarters of coverage (or by being credited with such qualifying quarters) as defined under Title II of the Social Security Act. 40 qualifying quarters equates to approximately 10 years of work. The 40 quarter requirement was not removed when the Farm Bill was passed. For all practical purposes, therefore, effective April 1, 2003, lawful permanent residents are eligible after they have lived in the United States for five years or longer. In some very rare situations, a lawful permanent resident who has not been in the U.S. for five years or longer may qualify by having worked 40 qualifying quarters. This may occur for example, if the person worked legally in the U.S. but lived in another country, or a person is using the 40 qualifying quarters of a spouse to qualify because the individual has not been in the country for five years. Refer to Appendix Item A-4, Guidance on 40 Qualifying Quarters.
NOTE: The five year waiting period does NOT apply if the person meets one of the criteria in 2143.3 .
2143.3 Special Non-citizen Provisions - Persons who are admitted for lawful permanent residence and meet one of the following are eligible for food assistance indefinitely and without the 5 year waiting period described in 2143.2 .
Are under 18 years old Once a person qualifying under this provision turns age 18 they must qualify under another condition to remain eligible. If they do not qualify under any other criteria, the person will have to meet the 5-year criteria.
Have 40 qualifying work quarters
Are receiving benefits for blindness or disability as defined in the Definition of Common Terms, Appendix item X-6
Were lawfully residing in the U.S. and 65 or older on August 22, 1996
Have a U.S. military connection This applies to honorably discharged veterans or those on active duty in the United States Armed Forces. This also applies to the spouse and/or dependent children of such non-citizens.
Are admitted to the United States as an Amerasian immigrant
Are an American Indian born abroad
Hmong or Highland Laotian tribal members
2143.4 Non-citizens Unable or Unwilling to Provide Immigrant Documentation - Non-citizens that are unable or unwilling to provide immigrant documentation are considered household members, but they are not included in the household size or considered in any of the non-financial tests. Persons “unable” include non-citizens who may have lost their immigrant papers and do not want to go through the process to obtain them again, or persons who are not in the country legally. Persons “unwilling” to provide immigrant documentation include those who do not want to participate in the Food Assistance Program as well as those who have failed to respond to a request for information regarding immigrant status or documentation. Their income, expenses, and resources are counted in full in determining the eligibility of the remaining household members. See KEESM 4212.3 . Note: If a secondary verification is required in SAVE, and the agency does not have a reply to the request for secondary verification, the provisions of this section do not apply. The person would be considered ineligible and prorated income and deductions would be counted instead of full income and deductions. See the KEES User Manual for further information on system processing.
2144 Victims of Trafficking (TANF and Child Care) - The Trafficking Victims Protection Act of 2000, Public Law No. 106-386, makes adult victims of severe forms of trafficking who have been certified by the U.S. Department of Health and Human Services (HHS) eligible for benefits and services to the same extent as refugees. Children who have been subjected to trafficking are also eligible like refugees but do not need to be certified. The Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA), Public Law 110-193, expands the categories of non-citizens eligible to participate under the Trafficking Victims Protection Act of 2000 to include minor children, spouses and in some cases the parents and sibling of victims of severe trafficking. Also see item 5 below.
HHS' Office of Refugee Resettlement (ORR) will make certification determinations and issue letters of certification for victims of severe forms of trafficking. ORR also will issue similar letters for children who have been subjected to trafficking.
When a victim of trafficking applies for benefits (TANF or Child Care), the procedures for refugees are in effect with the following exceptions:
Accept the certification letter provided by ORR as proof of a status that confers eligibility for benefits instead of requiring USCIS documentation, such as the I-94 Arrival/Departure Card. Applicants must submit the original certification letter to receive benefits.
Call the trafficking verification toll-free number, 1-866-401-5510 to confirm the validity of the certification letter or similar letter for children and notify ORR of the benefits for which the individual has applied. ( NOTE: at this time, SAVE does not contain information about victims of severe forms of trafficking. Until further notice, do not contact SAVE concerning victims of severe forms of trafficking.) See item 5.
The individual's "entry date" for refugee benefits purposes is the certification date, which appears in the body of the certification letter or letter for children.
Issue benefits to the same extent as a refugee, provided the victim of a severe form of trafficking meets other program eligibility criteria (e.g., income levels). Record the expiration date of the certification letter or letter for children so that benefit-granting agencies will be prepared to conduct re-determinations of eligibility at that time.
Victims of trafficking are issued T Visas. Under the TVPRA, eligible relatives of trafficking victims are entitled to visas designated as T-2, T-3, T-4 or T-5 (collectively referred to as "Derivative T Visas"), and after issuance of the visas are eligible for federally funded benefits to the same extent as direct victims of severe trafficking, provided that they meet the other eligibility criteria for the programs. Under TVPRA, the relatives of victims of trafficking are entitled to Derivative T Visas under the following conditions: In the case of an non-citizen who is awarded a T visa and who is under 21 years of age on the date the T visa application was filed, Derivative T Visas are available to the non-citizen's spouse, children, unmarried siblings under 18 years of age on the date on which the non-citizen's visa application was filed, and parents. In the case of an non-citizen who is awarded a T visa and was 21 of age or older on the date the T visa application was filed, the Derivative T Visas are available to the non-citizen's spouse and children.
It should be noted that a copy of the certification letter is not to be accepted. The client must present the "original" letter in order to qualify for benefits. Even if you know that an individual has been certified as a trafficking victim, that individual is not eligible for benefits until they have presented the original certification letter. It should also be noted that the Act does not give victims of trafficking refugee status under immigration laws. Rather, victims of trafficking are treated like refugees for benefits purposes.
If an individual applies who appears to qualify as a trafficking victim but the individual does not have the supporting documentation, the worker should contact EES Administration for guidance. Refer to Appendix Item A-2, Guidance on Noncitizen Verification - Food Assistance Program.
2145 Documentation of Citizenship -
2145.1- Citizenship Documentation for all Programs - For Food Assistance, United States citizenship shall be documented and verified only when a household's statement concerning a member is questionable. For TANF and Child Care, United States citizenship shall be documented for all individuals for whom assistance is requested when identified as U.S. citizens on their application. For those who are identified as non-citizens on their application, eligibility shall be established based on KEESM 2146 . For each TANF individual and each child care child for whom assistance is requested, and for Food Assistance individuals for whom citizenship is questionable, acceptable forms of documentation are
Birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after 1/31/41), Guam, the U.S. Virgin Islands (on or after 1/17/17), American Samoa, Swain's Island, Panama Canal Zone (from 1904 to 101/1/79), or the Northern Mariana Islands (with the exception of persons born to foreign diplomats residing in the U.S.); This includes report of birth abroad of a U.S. citizen per form FS-240 (issued by the Department of State to U.S. citizens), Certificates of Birth per form FS-545 (issued by a foreign service post), and Certifications of Report of Birth per form DS-1350 (copies available from the Department of State).
Religious records;
Voter registration cards;
Certificates of citizenship or naturalization provided by USCIS, such as Identification Cards for Use of Resident Citizens in the U.S. (INS Form I-179 or INS Form I-197);
U.S. passports; and
Receipt of medical assistance if verification of citizenship was obtained for that household.
See Appendix item A-12 for a more complete list of acceptable documents.
If the above forms of documentation cannot be obtained and the individual can provide a reasonable explanation as to why documentation is not available, the agency shall accept a signed statement from someone who is a U.S. citizen which declares, under penalty of perjury, that the person in question is a U.S. citizen.
The signed statement shall contain a warning of the penalties for helping someone commit fraud, such as: "If you intentionally give false information to help this person get assistance, you may be fined, imprisoned, or both."
Delayed Documentation
Citizenship Questionable - For Food Assistance, the individual whose citizenship is being questioned shall be ineligible to receive assistance until proof of U.S. citizenship is obtained. The individual disqualified pending documentation and verification of questionable citizenship will have his or her income and all of his or her resources considered available to any remaining family or household members as set forth in 4113 and 4212 .
Citizenship Not Questionable - Failure to provide documentary evidence of citizenship for Medical (per 2145.2 ), does not make the individual's U.S. citizenship questionable for food assistance. Therefore, persons shall not be denied or terminated based solely on the failure to provide documentation for other programs. In addition, since the Medical Assistance citizenship requirements are different from TANF, there may be situations of TANF participation without medical benefits.
Citizenship Documentation Delayed for TANF and Child Care - Individuals whose U.S. citizenship is not questionable may be allowed a reasonable opportunity to provide verification of that citizenship . If otherwise eligible, the application shall be processed and approved granting a reasonable opportunity period to the individual to provide the verification. The reasonable opportunity period shall be three calendar months commencing from the date the case is authorized. If the verification is not received by the end of the reasonable opportunity period, benefits shall end allowing for timely and adequate notice. If verification is provided within the month after the month of case closure, eligibility may be reinstated without a new application or request. If U.S. citizenship is questionable, the individual would be ineligible to receive assistance until proof of U.S. citizenship is provided. Note: The reasonable opportunity period may be extended in situations where the individual is making a bona fide effort to obtain the verification, but circumstances outside his/her control are delaying the effort. A decision to extend the period must be thoroughly documented and supported in the case file.
2145.2 Documentation for Citizens at Birth
For Food Assistance Only - For program processing purposes, no additional documentation will generally be required when a child is conferred citizenship under 2141.1 . A declaration made by the person signing the application that household members are citizens is acceptable, and that same process is applicable regardless of how citizenship was attained. Because these children are now legal citizens, this same declaration procedure will apply to these children. A request to add a child newly conferred citizenship to an ongoing case may also be made without additional verification in most cases. If previous documentation of non-citizenship status conflicts with the current statement, a written statement from the client specifying the date the child became a citizen will generally be sufficient to document citizenship. The prudent person and simplified eligibility verification requirements outlined in KEESM 1300 are also to be followed.
2146 Documentation of Legal Status - Applicants/recipients who are identified as non-citizens on their application shall be required to document and verify their non-citizens status. The agency shall determine, from documentation obtained, if the person is a non-citizen who may be eligible to receive assistance. Only those non-citizens who are residents and meet one of the categories of qualifying non-citizens status described in 2142 or 2143 may participate.
For the categories listed in 2142 or 2143 , the person may also present other documents which indicate the person's immigration status and which the agency may determine are reasonable evidence of immigration status. For persons who can qualify based on a date of entry on or before August 22, 1996, documentation such as employment or school records can be used to demonstrate that the person was in the country if they did not have legal status or documentation during that time period. Also refer to the status and documentation on the chart and the Guidance on Noncitizen Verification in the Appendix .
NOTE: Mexican Consulates have started issuing Matricula Consular ID cards (also known as Matricula Consular de Alta Seguridad (MCAS) or Certificate of Consular Registration) to Mexican foreign nationals that reside in the US. For a card to be issued, the person must appear in person at the consular office and present several documents showing proof of nationality and address. These cards are sufficient to identify the individual and as proof of nationality. These cards are NOT sufficient to verify an immigrant legal immigration status in the US or eligibility for any program benefits. Appropriate documents as listed above and in the chart in the Appendix must be provided to establish eligibility for program benefits.
2146.1 Documentation Not Clear - If the appropriate USCIS form does not clearly indicate eligible or ineligible status, the agency is responsible for offering to contact USCIS . The agency does not need to offer to contact USCIS on the non-citizen's behalf when the person does not provide an USCIS document.
2146.2 Non-citizens Unable to Provide Documentation - If the non-citizen is unable to provide any documentation of their status, the agency shall advise the person to contact the nearest USCIS office for verification. (Also see instructions in SAVE User Handbook, Appendix Item A-10 .) In these situations, the agency has no responsibility to offer to contact USCIS on the non-citizen's behalf.
While awaiting acceptable documentation, the person whose status is questionable shall be ineligible but the eligibility of the remaining members (if any) shall be determined in accordance with the procedures listed in 4113 and 4212 . If the Noncitizen does not wish to contact USCIS , the family or household shall be given the option of withdrawing its application or receiving assistance without that member.
2146.3 Documentation Obtained Later - If documentation of qualifying status is received at a later date, the specialist shall act on the information as a reported change in accordance with timeliness standards for these changes. See 9121.1 and 9122.7 as appropriate.
2146.4 Verification of Non-citizen Status through SAVE - The immigration status of all non-citizen clients must be verified through the Systematic Alien Verification for Entitlements (SAVE) program which is operated by Department of Homeland Security (DHS). Detailed instructions on primary and secondary verification procedures are contained in the SAVE User Handbook. (See Appendix , Item A-10.) No action to deny, reduce, or terminate benefits may be taken based solely on information obtained from DHS through the SAVE primary verification system.
NOTE: Secondary verification should be requested when the persons entrance date is in question. For persons adjusting status to legal permanent resident, the primary web-based verification system will communicate the date of adjustment rather than the original date of entrance. The secondary system will always provide the original date of entrance.
The results of SAVE verification queries shall be recorded in the case record along with copies of the immigration status documentation provided by the non-citizen.
2146.5 Verification of 40 Qualifying Quarters of Coverage (For Food Assistance Only) - The Social Security Administration (SSA) is the primary source of quarters of coverage information. While some immigrants will already have 40 quarters clearly established in their SSA records, others may have been employed in jobs covered by Social Security, but earnings may not have been appropriately reported. Many immigrants, particularly migrant specialists, may have difficulty obtaining verification of employment and SSA will have to work with them in establishing quarters.
SSA has developed an automated system to provide state agencies, on an overnight basis, with information on quarters of coverage. Refer to the SSA 40 Qualifying Quarters of Coverage User Instructions issued in May 1997, and the Guidance on 40 Qualifying Quarters. (See Appendix. )
The procedures are for legal immigrants who believe that they have a work history that meets the 40 quarters exemption in the law. These procedures need not be followed for those legal immigrants who qualify for other exemptions in the law (refugees, asylees, deportees, or applicants with a claim to eligibility based on military service).
2146.6 Verification of Iraqi and Afghani Special Immigrant Status (Food Assistance, TANF and Child Care Only) – Iraqi and Afghani aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a)(27) of the INA. The following documents will confirm both status and date of entry for Iraqi and Afghani special immigrants.
Iraqi Special Immigrants Principal Applicant Iraqi Special Immigrant - Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI1 or SQ1 and DHS stamp or notation on passport of I-94 showing date of entry. Spouse of Principal Applicant Iraqi Special Immigrant: Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI2 or SQ2 and DHS stamp or notation on passport or 1-94 showing date of entry. Unmarried Child Under 21 Years of Age of Iraqi Special Immigrant: Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI3 or SQ3 and DHS stamp or notation on passport of I-94 showing date of entry. Principal Applicant Iraqi Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code for this category SI6 or SQ6. Spouse of Principal Applicant Iraqi Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code for this category SI7 or SQ7. Unmarried Child Under 21 of Principal Applicant Iraqi Special Immigrant h.Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code for this category SI9 or SQ9.
Afghani Special Immigrants Principal Applicant Afghani Special Immigrant: Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI1 and DHS stamp or notation on passport of I-94 showing date of entry. Spouse of Principal Applicant Afghani Special Immigrant: Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI2 and DHS stamp or notation on passport of I-94 showing date of entry. Unmarried Child Under 21 Years of Age of Afghani Special Immigrant: Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI3 and DHS stamp or notation on passport of I-94 showing date of entry. Principal Applicant Afghani Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Afghani nationality (or Afghani passport), with an IV (immigrant visa) code for this category SI6. Spouse of Principal Applicant Afghani Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Afghani nationality (or Afghani passport), with an IV (immigrant visa) code for this category SI7. Unmarried Child Under 21 of Principal Applicant Afghani Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Afghani nationality (or Afghani passport), with an IV (immigrant visa) code for this category SI9.
2150 Residence - A client must be a resident of the state.
For all programs except the Food Assistance Program, a resident is one who is living in the state voluntarily and not for a temporary purpose (i.e., with no intention of leaving). Temporary absence from the state, with subsequent returns to the state, or intent to return when the purpose of the absence has been accomplished shall not interrupt continuity of residence. See also 2223 regarding temporary absence of children or parents. In addition, individuals who continue to receive a Kansas state supplementary payment while living out-of-state are regarded as Kansas residents. For the Food Assistance Program, Individuals must live in the state, but are not required to have the intent to permanently reside in the state in which they make application. Individuals in the state solely for vacation purposes are not considered residents. A fixed living or mailing address is not required. Homeless individuals are considered residents. Temporary absence from the state exists when a visit for a period of less than one calendar month is made out of the state and the intent is to return. Household members away from home because of a vacation or illness will maintain their household member status if they are in the home during any part of the calendar month. If the absence is to cover a full calendar month, the individual(s) should be removed from the household. When a client notifies the agency of a move to another state with the intent to reside there, the client must be informed in writing that assistance is being discontinued giving timely and adequate notice.
2151 Duplicate Benefits - Residence can be established in a month regardless of whether the person has received benefits from another state in that month. However for cash and food assistance purposes, benefits cannot be provided in any month in which the client has received such benefits in another state. In addition, for food assistance purposes, (1) no individual may participate as a member of more than one household, unless an individual is a resident of a shelter for battered persons and children as defined in 2543 and was a member of a household containing the person who has abused her; and (2) no individual may participate in the Food Assistance Program and the Food Distribution Program on Indian Reservations (FDPIR) in the same month. Also see KEESM 11221.1 and 4212.2 . Persons disqualified from FDPIR for fraud cannot participate in food assistance until the disqualification period has expired. Verification of whether a person is getting FDPIR or not needs to now include a question about fraud disqualification. For cash assistance, benefits cannot be provided in any month in which the client has received such benefits from a tribally operated TANF program.
Persons who move from another state can receive child care benefits in Kansas in the month he or she moves from that state. In addition, child care benefits may be issued for the same child for the same month on more than one case if the child resides part-time in more than one household. Care must be taken to coordinate the schedules of the cases so that benefits are not provided for a child on more than one case for the same time.
2151.1 National Accuracy Clearinghouse (Food Assistance only) – The National Accuracy Clearinghouse (NAC) is an interstate data system used to prevent the issuance of food assistance to an individual by more than one state in the same month. Information obtained from the NAC shall not be used for any purpose other than to prevent duplicate participation.
DCF is required to submit a list of active food assistance recipients to the NAC each business day so that other states can query against food assistance participants in Kansas. Submission of this list happens automatically in the KEES system overnight. The list of recipients must contain an indicator for vulnerable individuals when applicable. A vulnerable individual includes, but is not limited to, those who would be endangered by the dissemination of their information, such as:
A resident of a shelter for battered women and children, A resident of a domestic violence shelter, or A person who self-identifies as fleeing domestic violence
Prior to authorizing benefits, DCF is required to conduct queries against the NAC: At application and/or review, for all pending or active members with a verified Social Security number When adding a new household member(s) with a verified Social Security number, only the new household member(s) must be queried.
Prior to conducting the query, DCF must verify: Applicants or recipients 18 and older: Social Security number verified by automated match with the Social Security Administration (KEESM 2131 #1) Residency (KEESM 1322.1 #4) Identity (KEESM 1322.1 #5) Applicants or recipients under 18: Social Security number verified by automated match with the Social Security Administration (KEESM 2131 #1) Residency (KEESM 1322.1 #4)
NOTE : Individuals who do not have a Social Security number will not have a NAC query conducted. This includes non-citizens and newborns. If an individual is participating without an SSN per KEESM 2132 , a NAC query will be conducted at review if a Social Security number has been provided and verified by automated match with the Social Security Administration.
If an SSN is unable to be verified through automated match with the Social Security Administration within the expedited processing window, verification shall be postponed in order to make benefits available to the household no later than the seventh calendar day following the date the application was filed. Prior to authorizing the second month of benefits, a NAC query must be conducted in accordance with section 2.
NOTE : The NAC only checks for duplicate participation of Food Assistance. For all other programs, staff are required to contact other states using the National Directory of Contacts to determine ABAWD months used, TANF months used, and to verify case closure for other programs.
2151.2 Initiating State
When receiving a positive match from a NAC query at application, review, or when adding a household member, DCF must:
Initiate action to resolve the match by notifying the matching state within 10 days of the date of the match.
Take action to resolve the match. To resolve a match, DCF may use information known to the agency, must verify any questionable information, and must notify the individual of the match. DCF may not take any action to deny, terminate, suspend, or reduce benefits based on information from the NAC until it has been verified, and/or the individual has been provided notice of the match and an opportunity to respond.
DCF must prevent the disclosure of any location information for all food assistance applicants or participants. Staff are prohibited from sharing the matching state with the client. Any communication or notice resulting from a NAC match must not include the location of the individual. If more information is needed to resolve the match, or information that is available could lead to a denial or adverse action, DCF must provide a written notice of match results that clearly explains what information is needed from the household and the consequences of failing to respond. Households are allowed 10 days to respond. If more information is not needed to resolve the match and there is no potential for adverse action, a written notice of match results is not required; however, DCF must provide verbal notification and document it in the case file.
After DCF has determined the appropriate disposition of the case, the resolution information must be promptly shared with the other state indicated in the match.
NOTE : DCF must follow normal and expedited processing standards as applicable. If an individual included in the household is currently receiving benefits in another state, expedited processing timeliness standards no longer apply. Determination of benefits for an individual cannot be delayed based on a lack of timely action or communication between states.
2151.3 Matching State
The NAC automatically conducts bulk matches on a monthly basis of active participants to discover existing duplicate participation. State agencies are notified when matches are found.
DCF is required to pursue verification of Kansas residency on any NAC match received during the certification period. DCF must pursue verification by sending a notice of match results, providing an opportunity for the household to contest the information in these situations:
Notification of a match directly from the NAC indicating that an individual is receiving benefits in another state.
Notification of a match from NAC or another state indicating that an individual who is an active participant in Kansas is part of an applicant household or has been added to an active household in another state.
DCF must document instances in the case file where there is a match and the actions taken to resolve it.
The state agency that fails to take timely action on NAC matches will be responsible for the establishment and collection of the overpayment claim.
2160 Cooperation With and Referral to Child Support Services - As a condition of eligibility in the TANF, Child Care and food assistance programs, the caretaker who is applying for or receiving assistance shall cooperate with the agency in establishing the paternity of a child born out-of-wedlock with respect to whom assistance is requested or received and in obtaining support payments for such caretaker and for a child with respect to whom said assistance is claimed. Cooperation with Kansas Child Support Services is required even if the individual has child support services through a different state.
NOTE: For food assistance, cooperation with Child Support Services is required of custodial natural or adoptive parents who live with his or her child and there is a parent absent from the home. It also applies to other relatives to the 5th degree of kinship who are living with and exercising parental control over a child under the age of 18 with a parent absent from the home.
See 2165 for effect on eligibility for failure to cooperate. For purposes of establishing paternity, the legal parent is presumed to be the biological parent. For TANF and food assistance purposes, for situations in which the alleged father is in the home, but paternity must be established, see 2167 . For Child Care, there is no requirement that paternity be formally established as specified in 2167 . If the parents were not married, verification methods such as obtaining a birth certificate listing both parents or a statement from the father voluntarily acknowledging paternity are acceptable. The prudent person concept shall be used.
2161 Cooperation with Child Support Services - CSS is responsible for determining whether the caretaker has cooperated in establishing paternity and/or in obtaining support. EES is responsible for determining whether the caretaker has good cause for refusing to cooperate. Cooperation is defined as:
Appearing at the local CSS office or the Court Trustee Office as necessary to provide information or documentation relative to establishing paternity of a child born out-of-wedlock, identifying and locating the absent parent, and obtaining support payments;
Appearing as a witness at court or other proceedings necessary to achieve the CSS objectives;
Forwarding to the CSS unit any support payments received from the absent parent which are covered by the support assignment (TANF only);
Providing information, or attesting to the lack of information, under the penalty of perjury; and
Establishing an agreement with CSS for repayment of assigned support which was received directly and retained by the caretaker relative and maintaining payments under the terms of such a repayment agreement (TANF only).
NOTE: EES is to notify CSS of those cases in which there is suspected noncooperation such as when the client retains assigned support. See 6220 (4) (TANF only) .
2162 Good Cause for Failure to Cooperate with Child Support Services - In rare instances the caretaker may be deemed to have good cause for refusing to cooperate in establishing paternity and securing support payments. Examples of such cases would be those in which it has been determined that pursuing paternity/support is against the best interest of the child or the caretaker. EES staff have the ultimate responsibility for determining the validity of good cause claims; CSS and Prevention and Protection Services staff may also be involved in making a recommendation for such determinations to EES.
For food assistance, if the person is receiving TANF or Child Care and has already been determined to be cooperating, or has been determined to have good cause for not cooperating, then it shall be determined that the individual is cooperating for food assistance purposes.
The caretaker is primarily responsible for providing documentary evidence required to substantiate a good cause claim. When necessary, the agency shall assist the client in securing any evidence that the client cannot reasonably obtain.
Good cause for failure to cooperate must relate to one of the following criteria:
The child was conceived as a result of incest or rape;
There are legal proceedings for adoption of the child pending before a court;
The caretaker 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;
4. The caretaker was a victim of sexual harassment and survivor of domestic violence, sexual assault, or stalking whereby compliance with program
requirements would increase risk of harm for the individual or any children in the individual’s case. This includes participants in the Safe at Home program.
Sexual harassment, domestic violence, sexual assault, or stalking includes acts on the part of perpetrators that result in:
physical acts resulting in, or threatening to result in, physical injury;
sexual abuse, sexual activity involving dependent children, or threats of or attempts at sexual abuse;
mental abuse, including threats, intimidation, acts designed to induce terror, or restraints on liberty, or stalking;
deprivation of medical care, housing, food or other necessities of life.
5. During a non-cooperation penalty period on a child care case, the caretaker has reestablished cooperation with Child Support Services and needs child
care to participate in a TANF or Food Assistance work program.
Good cause claims must be confirmed or substantiated. Uncorroborated statements of the caretaker do not constitute documentary evidence; the mere belief that pursuing paternity or support is not in the client's or the child's best interest is not sufficient evidence. An individual’s statement and one corroborating piece of evidence shall meet the burden of proof unless there is an independent reasonable basis to doubt the veracity of the statement. Evidence may include, but is not limited to:
Police or court records,
Court documents which indicate that legal proceedings for adoption of the child are pending,
Protection from abuse (PFA) orders (filed for and/or obtained),
Written statement from a public or licensed private social agency substantiating the fact that the client is involved in resolving the issue of whether to keep or relinquish the child for adoption,
Documentation from a shelter worker, attorney, clergy, medical or other professional from whom the client has sought assistance,
Other corroborating evidence such as a statement from any other individual with knowledge of the circumstances which provide the basis for the claim, or physical evidence of domestic violence or any other evidence which supports the statement.
The authorization card provided to participants with the Safe at Home mailing address, a contact phone number, the participant number, and an expiration date.
Exception: Regardless of the policy in this section regarding uncorroborated statements by caretakers, in extremely rare situations such as when an individual is in hiding and is afraid that there could be information disclosed that could reveal her whereabouts and where the worker does not doubt the veracity of the individual’s statement, a written statement from the victim signed under penalty of perjury shall meet the burden of proof.
In most instances a good cause determination should be made within 60 days following the receipt of such claim. Exceptions to this would include such situations as when the evidence is extremely difficult to obtain. The Career Navigator is required to notify eligibility staff when good cause has been established for work program participants due to domestic violence. EES is responsible for notifying CSS of pending good cause claims and subsequent determinations. On new cases this can often be accomplished at the time initial eligibility is determined. For child care, specialists should complete the good cause fields on KEES to notify CSS if the claim is pending, confirmed, or denied. The good cause provisions do not negate the timely referral of absent parent cases to CSS . Once a claim of good cause has been substantiated, it shall be reviewed as often as necessary and at each periodic review.
EES staff shall not deny, delay, or discontinue assistance pending a good cause determination as long as the caretaker has complied with the requirement of providing evidence or other necessary information. If assistance is granted pending a determination of good cause and it is subsequently determined that the claim is invalid, the assistance granted shall not be considered an overpayment.
NOTE: Do not confuse cases that involve good cause with routine cases of noncooperation. A client's claim of good cause does not negate the requirement for the assignment of support rights.
NOTE: Due to the different program rules about applying penalties for non-cooperation without good cause, there may be some instances of a TANF or FA recipient who may need child care during a penalty period of ineligibility for child care in order to participate in a TANF or FA work program. In those instances, provided that the client has reestablished cooperation, they will be deemed to have good cause and child care will be allowed under these circumstances. 2162.1 Grandparent as Caregiver Good Cause for Failure to Cooperate - In rare instances the caretaker may have good cause for refusing to cooperate in establishing paternity and securing support payments, as described in 2162. The caretaker is primarily responsible for providing documentary evidence required to substantiate a good cause claim. When necessary, the agency shall assist the client in securing any evidence that the client cannot reasonably obtain. Grandparent cases not meeting one of the good cause criteria listed in 2162 may meet good cause criteria for non-cooperation with CSS if all of the following exist:
The caretaker relative is not a biological or adoptive parent of the child(ren) receiving CSS services;
At least one child (of common parents) is a minor;
The grandparent does not have legal custody (i.e. any court order that would allow him/her to refuse to surrender physical custody of a minor child to the parent);
Consensus of the DCF Integrated Services Team (composed at minimum of the TANF and CSS workers assigned) is that the grandparent has a factual basis for believing that action by CSS to establish or enforce a parent’s duty of support will cause the grandparent to lose physical custody of child. For this paragraph, it does not matter whether the parent who might demand surrender of child is the immediate target of CSS activity or the other parent;
Consensus of the DCF Integrated Services Team (composed at minimum of the TANF and CSS workers assigned) is that, at the time of evaluating the good cause claim, it appears to be in the child’s best interests for the grandparent to retain physical custody;
Consensus of the DCF Integrated Services Team that the grandparent should be instructed to pursue legal custody arrangements;
Good cause under this provision is good for six months;
Good cause under this provision has been determined to exist no more than once in the preceding 24 months, and;
Good cause under this provision is to be reevaluated at review or sooner if deemed necessary by the IST or the grandparent does not take steps to obtain legal custody.
Specific, formal documentation (for example, a police report) is not required, but the caretaker relative must have some factual basis for his/her expectation that CSS activity would cause loss of physical custody. Examples of such factual basis include, but are not limited to, recent oral or written statements by the parent or prior actions by the parent. Credibility is determined by the participating members of the DCF Integrated Services Team. NOTE: If the child has more than one absent parent, the determination of good cause must be made independently for each parent.
2163 Referral to Child Support Services - EES is responsible for referring all absent parent cases (including a deceased parent) to CSS . All TANF, Child Care and food assistance cases are to be referred.
It is the function of EES staff to determine continued absence and the function of the CSS staff to obtain support in behalf of the spouse and/or child(ren).
The following information provides guidelines for ongoing cases related to absence from the home:
One or two indications that the absent parent has given the address of the assistance household as his or her address should be treated only as clues for further agency action. The responsibility rests with the agency and cannot be transferred to the parent in the home. Minimally, there must be an interview with (or documented attempts to interview) the absent parent.
If another address (not just for receipt of mail), is established for the absent parent, then he or she cannot be considered as being in the home without substantial data to establish that he or she is actually living there. Lacking such information, if both deny the absent parent's presence in the home, there must be several evidences substantiating presence in the home on an ongoing and current basis before agency action is taken. Such indicators might include address of the assistance household used at the post office, rent receipts in the name of the absent parent for the address of the household, utility bills for two or more months in the name of the absent parent and paid by him or her, other address of the household used at the time of the absent parent's employment over a period of time. Such documentation must be made before taking further action. Since many low income mothers are unable to obtain credit on their own, the documentation of the mother using a charge account in the name of the absent father is not sound data.
For TANF, and TANF Child Care, the referral is an automatic process in KEES following completion of the noncustodial parent page and authorization of the program. Subsequent changes (such as the addition or removal of persons from the assistance plan, suspensions, closures, and inter-county transfers) are also communicated automatically in KEES.
Referrals and subsequent changes are not made when there is no absent parent or when parental rights have been severed. See the KEES User Manual for further information on system processing.
For Income Eligible Child Care, the referral shall be made only for those absent parents whose children receive child care.
For food assistance, a referral should be sent at application, IR, and review if needed or when a household composition change is made known to DCF.
2164 Assignment of Support and Effective Date of Assignment (Not Applicable to Child Care and Food Assistance) - Anyone who applies for or receives TANF benefits automatically assigns all accrued, present, and future support rights they have in their own behalf, or on behalf of any other person receiving assistance, to the Secretary of DCF. They also automatically grant the Secretary a limited power of attorney so that payments can be processed quickly and efficiently. If the client is excluded from the TANF assistance plan, the assignment does not pertain to the client’s alimony. The assignment and power of attorney take effect automatically, so no document other than the application for TANF is needed.
All rights to support in all open TANF cases are assigned to the Secretary of DCF. The amount that DCF is allowed to retain for reimbursement of assistance, however, is slightly different depending on when the case opened. For TANF cases opened before October 1, 2009, and that remain open, DCF has the right to retain collections applied to support that accrued before the TANF case opened. For TANF cases opened or reopened (with a break in assistance) on or after October 1, 2009, DCF cannot retain collections applied to support that accrued before TANF approval/eligibility.
The effective date of the automatic assignment shall be the date of approval, but if the first eligible month is a future month, the assignment shall be effective the first day of the first eligible month.
Clients are to be advised of the assignment provisions, including the effective date of the assignment, and instructed to contact the CSS Customer Service Center toll free (1-888-757-2445; TTY for the hearing impaired 1-888-688-1666) concerning any support payments received from a source other than the Kansas Payment Center on or after the TANF approval/effective date. Clients are to be advised that if CSS instructs them to turn a support payment over to DCF, failure to do so will be considered non-cooperation and may be grounds for sanctions.
The assignment applies to court ordered and voluntary cash support as well as medical support for TANF purposes. Also see 6220 (4)(c). In most instances, an assignment ceases to be in effect the last day of the calendar month for which assistance is received. For instances in which cash assistance stops, but medical continues (e.g., TransMed or poverty level Medicaid), the assignment of medical support continues to be in effect as long as medical assistance is provided. If cash assistance is reinstated, the cash support assignment is: (1) continuous if there is no break in assistance or the case is suspended and reinstated with only a one month break in assistance; and (2) effective with the date of approval for other instances.
For TANF purposes, spousal support can include voluntary support, military allotments, support orders and alimony (not including property settlements). Court ordered spousal support, when there is no order for child support, is not assignable. Spousal support in these situations will be counted as income when budgeting.
Support paid in kind is exempt under the provisions of 6410 and is not considered in assistance budgeting. Following the effective date of assignment, support DCF retains for reimbursement, including past due support, is not counted as income in computing the benefit amount. Support subject to DCF claim which is kept by the client during a period when a sanction for failure to cooperate is in effect shall be counted as income. [See 6220 (4)(b) ]. Collections of past due support not subject to DCF claim will be paid to the family and subsequently counted as income. See 6220 (4) and 6410 for other provisions regarding treatment of child support.
Penalties for non-cooperation with CSS apply to the program(s) that were open when the non-cooperation occurred.
Because penalties can result in a temporary hardship to the family without other alternatives of support, penalties must be applied with much care and consideration. To ensure that penalties are applied uniformly and appropriately, the following guidelines must be applied in all instances of non-cooperation:
There is documented evidence that the person was made aware of the cooperation requirement.
There is documented evidence that the person was informed of the consequences for failing to cooperate and of the ability to report good cause. This includes documentation that the ES-3102, Important Information About Cooperation, was discussed and/or provided to the client.
If a referral has been made to DV/SA for a work program participant due to sexual harassment, domestic violence, sexual assault, or stalking, the eligibility worker must check with the Career Navigator to determine if there is good cause for failing to cooperate due to sexual harassment, domestic violence, sexual assault, or stalking.
A personal contact to discuss the non-cooperation must be attempted and documented in the case file. This contact attempt may be completed by CSS as long as a form verifying this attempt is placed in the case file. This personal contact may be by letter, phone call, office visit, or home visit.
2165.1 TANF Noncooperation - Ineligibility or a penalty may not be imposed until a referral has been made to CSS and CSS determines the person has not cooperated.
When a parent fails to cooperate, there is ineligibility for TANF for the mandatory filing unit of which the child is a member. This includes parents who are excluded from the TANF case due to receipt of SSI or who are disqualified due to fraud or being a drug felon (on or after July 1, 2013) or ineligible non-citizen. Penalties for non-cooperation with CSS apply to the program(s) that were open when the non-cooperation occurred. NOTE : If the parent who fails to cooperate is a minor parent under 18 who is unable to act in own behalf, only the individual minor parent is ineligible for assistance. Penalties accrued by this minor parent do not count as a penalty when the minor becomes an adult cash recipient.
A needy non-legally responsible caretaker (on the TANF case) fails to cooperate, there is ineligibility for the caretaker until the caretaker cooperates. The children remain eligible for assistance.
When a non-legally responsible caretaker fails to cooperate, the children remain eligible for assistance without penalty.
NOTE: Ineligibility or penalties do not apply to children for whom the caretaker is not a parent or cohabiting partner of a parent.
Non-Cooperation While in Applicant Status - Referrals to CSS are made after an application is approved.If a prior determination of non-cooperation is unresolved and the person completes a new application for TANF, cooperation must be established prior to the application being processed. If the non-cooperation is by a parent, the application is pended, allowing 10 days for cooperation. If the parent cooperates within 10 days, process the application, otherwise deny. If the parent cooperates within the 45-day application processing time frame, the application is reinstated and benefits prorated from the date of application. A new application is required if cooperation occurs after the initial application’s 45-day processing standard. [See 1414.2 (3) and 3522 ]. NOTE: If the parent who fails to cooperate is a minor parent under 18 who is unable to act in own behalf, only the individual minor parent is ineligible for assistance. If the non-cooperation is by a non-legally responsible caretaker, assistance is approved for the children only, if otherwise eligible. If the caretaker cooperates after assistance for the children is approved and requests assistance for himself/herself, eligibility is to be prorated from the date of cooperation. [See 1414.2 (3) and 3522 ]. If CSS provides notification of cooperation from a prior non-cooperation penalty, EES will need to assure cooperation has occurred for all the absent parents for the children in the home prior to processing the application.
N on-Cooperation While in Recipient Status - When a parent fails to cooperate with CSS, the mandatory filing unit of the child for whom the parent failed to cooperate shall be ineligible. The period of ineligibility for cash assistance is as follows :
First Penalty: The Mandatory Filing Unit (MFU) will be ineligibl e for cash benefits a minimum of 3 months and must be in compliance with Child Support Services to effectively cure the penalty and restore eligibility for cash benefits at the end of the 3-month period.
Second Penalty: The MFU will be ineligible for cash benefits for a minimum of 6 months and must be in compliance with Child Support Services to effectively cure the penalty and restore eligibility for cash benefits at the end of the 6-month period.
Third Penalty: The MFU will be ineligible for cash benefits for a minimum of 12 months and must be in compliance with Child Support Services to effectively cure the penalty and restore eligibility for cash benefits at the end of the 12-month period.
Fourth Penalty: The MFU will be ineligible for cash benefits for a minimum of 1 0 years.
NOTE: Penalties for children in the MFU will not count against the child when the minor becomes an adult cash recipient.
NOTE: If the parent who fails to cooperate is a minor parent under 18 who is unable to act in own behalf, only the individual minor parent is ineligible for assistance. The penalty shall be applied giving timely and adequate notice.
NOTE: See 2552 (1) for special budgeting provisions that apply to the corresponding for food assistance program.
2165.2 Food Assistance Noncooperation – For food assistance, any person who fails to cooperate with CSS per 2160 shall be ineligible for food assistance until the person cooperates with CSS. The person’s resources shall be counted in full and a pro-rata share of their income counted per 4212.2 . The remaining household members may get benefits if otherwise eligible.
Non-Cooperation while in Applicant Status - Referrals to CSS are made after an application is approved. If a prior determination of non-cooperation is unresolved at the time the application for food assistance is approved, eligibility shall be determined for the remaining household members.
Applying the Ineligibility - Ineligibility may not be imposed until a referral has been made to CSS and CSS determines the person has not cooperated. If, however, it is discovered that CSS has a determination of non-cooperation for applications dated on or after 7/01/2015, including CSS non-cooperation with ca sh or ch ild care programs, a referral shall be sent to CSS and the individual not cooperating shall be an excluded household member until the month after cooperation is established. If non-cooperation is discovered to be from an application date of any DCF program before 7/01/2015, then the individual may be included for food assistance and a referral to CSS will need to be sent.
Re-qualifying After Cooperation - When the household member cooperates with CSS, CSS will notify EES staff. The person is to be added to the food assistance case (changed from excluded to included ) effective for the month following the month of cooperation per 9121.1 .
2165.3 Child Care Non-Cooperation - Ineligibility or a penalty may not be imposed until a referral has been made to CSS and CSS determines the person has not cooperated.
Non-Cooperation While in Applicant Status - Referrals to CSS are made after an application is approved. If a prior determination of non-cooperation is unresolved and the person completes a new application for Child Care, cooperation must be established prior to the application being processed. A local office may also develop a special referral procedure between EES and CSS to determine the cooperation status of applicants prior to application processing, although this is not required or encouraged. If CSS provides notification of cooperation from a prior non-cooperation penalty, EES will need to assure cooperation has occurred for all the absent parents of the children in the current nuclear family prior to processing the application. If the non-cooperation is by a parent, the application is pended, allowing 10 days for cooperation. If the parent cooperates within 10 days, process the application, otherwise deny. If the parent cooperates within the 30-day application processing time frame, the application is reinstated, and benefits prorated from the date of application. A new application is required if cooperation occurs after the initial application’s 30-day processing standard. [See 1414.2 (3) and 3522 ]. NOTE : (See 1423 ) Child Support Penalties cannot be placed for actions (failure to cooperate) taken after a closure notice has been sent. Child Support penalties can be placed for failure(s) to cooperate if those failures occurred prior to the notice of closure.
Non-Cooperation While in Recipient Status - When a parent fails to cooperate with CSS regarding the absent parent of a child for whom Child Care benefits are being received and remains in non-cooperation status at the time the eligibility review is processed, the nuclear family of the child for whom the parent failed to cooperate shall be ineligible. If non-cooperation exists at the time of the review, the parent must be allowed 10 days to reestablish cooperation. If the parent fails to reestablish cooperation, a penalty will be applied at the end of the current eligibility period, and the period of ineligibility for child care assistance is as follows: The first time a penalty is applied: The nuclear family will be ineligible for Child Care benefits a minimum of 3 months and must be in compliance with Child Support Services to effectively cure the penalty and restore eligibility for Child Care benefits at the end of the 3 month period. The second time a penalty is applied: The nuclear family will be ineligible for Child Care benefits for a minimum of 6 months and must be in compliance with Child Support Services to effectively cure the penalty and restore eligibility for Child Care benefits at the end of the 6 month period. The third time a penalty is applied: The nuclear family will be ineligible for Child Care benefits for a minimum of 12 months and must be in compliance with Child Support Services to effectively cure the penalty and restore eligibility for Child Care benefits at the end of the 12-month period. The fourth time a penalty is applied: The nuclear family will be ineligible for Child Care benefits for a minimum of 10 years.
NOTE: A Child Care plan may not be terminated prior to the end of an existing eligibility period to apply a penalty for non-cooperation with CSS. If non-cooperation occurs during an existing eligibility period and the parent/caretaker remains in non-cooperation status at the time the eligibility review is processed, the applicable penalty will be applied at that time.
See KEESM 2162 regarding good cause if a caretaker reapplies for Child Care during an existing penalty and needs Child Care to participate in a TANF or Food Assistance work program.
NOTE: If during the eligibility period the caretaker fails to cooperate with Child Support Services regarding the absent parent of a child in the nuclear family who is not receiving Child Care benefits and the caretaker remains in non-cooperation status at the time of the review, eligibility cannot be established for a new eligibility period for other children in the nuclear family until cooperation occurs. However, a penalty would not be applied to the case.
EXCEPTIONS - The following exceptions are made when applying penalties or ineligibility for failure to cooperate with CSS:
If the parent who fails to cooperate is a minor parent under 18 who is unable to act in their own behalf, Child Care will be approved or will continue for that minor parent’s child.
Ineligibility or penalties do not apply to children for whom the caretaker is not a parent or cohabiting partner of a parent. If otherwise eligible, Child Care will be approved or continued for those children.
2166 Reporting of Support to EES - The amount of current support received on each TANF case is reported to EES automatically on the system. EES staff shall determine whether or not there is continuing eligibility if the amount of reported support is treated as nonexempt income. (See 6220 (4) , 6410 and 7100 .)
2167 Paternity of Alleged Father in the Home (Not Applicable to Child Care) - For situations in which the father is in the home with the child, paternity must be established when TANF or food assistance is requested. This provision shall apply to any instance in which both parents (or the father if the mother is not present) in the home claim(s) he is the father, unless either the father or child is excluded from the assistance plan for reasons other than a sanction or other special provision as referenced in 4120 (4). This provision is not applicable while the child is unborn. See 4100 and subsections for assistance planning provisions involving paternity. Paternity for this purpose must be established in one of the following ways:
The parents were married at the time of the child's birth. For purposes of this provision, a common-law marriage shall not establish paternity;
Paternity has been established through appropriate court action; or
The father is listed on the child's official birth certificate, issued by Vital Statistics, as the child's father. This provision only applies to children born on or after July 1, 1994. This provision does not apply if either of the following conditions exist:
The mother was legally married to someone else at the time of the child's birth; or The mother was divorced within 300 days of the child's birth.
In the two above situations, EES is to make a regular referral to CSS for paternity establishment. These paternities must be resolved by a court; expedited paternity is not applicable.
The father voluntarily acknowledges paternity and the mother and father have signed the required papers for a voluntary order.
2167.1 Expedited Paternity Establishment - If paternity is not established through items (1), (2), or (3) above, a referral is to be made to CSS for paternity establishment. This may occur at the time of initial approval or when the father begins living in the home at a later time. Expedited Paternity referrals will be sent on the system. The relationship of the presumed father and child will be treated as unrelated until paternity has been established. If the mother and father state that he is the biological father of the child, the worker will make an Expedited Paternity referral on the system and share this information in the referral. They must
cooperate in establishing paternity. A copy of the notice and any supporting documentation as established by the area are to be sent to the appropriate CSS Unit. Following this, one of the following actions will occur:
If either the mother or father fails to contact or otherwise cooperate with CSS or chooses not to sign the required paternity related forms, CSS shall promptly notify the worker. Failure of the mother or father to cooperate in establishing paternity by not contacting CSS or refusing to sign required documents for reasons other than claiming his paternity to the child is questionable shall result in ineligibility for the mandatory filing unit of the child per provisions in 2165 . See 2165.2 for food assistance. If the father cooperates, but chooses not to sign required documents because paternity is questioned, he shall be treated for TANF purposes as a cohabitant. (see 4100 ). If she refuses to sign required documents because she states the paternity is questionable, she will be eligible as long as she otherwise cooperates in the establishment of paternity. In these situations, the worker will process the application or ongoing TANF case based on the provisions of 4100 .
If the mother and alleged father contact CSS and, following disclosure of basic information including rights and responsibilities, sign the required paper(s), CSS will notify the worker that paternity has been acknowledged.
Generally, the process can be accomplished within ten working days. A case should not be pended while waiting for this determination.
For food assistance, if paternity is not established, an expedited paternity referral is to be sent to CSS. Benefits shall not be delayed for the pending referral if the household is otherwise eligible.
2167.2 Special Case Situations
Legal vs. Biological (Alleged) Father . In these situations the mother is currently or was married to a different person at the time she was pregnant or during the child's birth. This establishes a legal father contrary to claims that the real (biological) father is in the home. When these circumstances are identified, both the mother and alleged father may volunteer for referral to CSS pending the eligibility determination. In the contact CSS will be able to do a more in-depth analysis of the circumstances at the time of the child's birth and advise the clients of legal aspects of the situation. If CSS responds that a voluntary order is obtained, the worker will process the case considering paternity established with the father in the home. However, in most instances CSS 's response may be that a legal father exists and a voluntary order is not possible. This will not affect the MFU. See 4100 .
If the persons do not volunteer or do not follow through with this referral to CSS pending eligibility, or if CSS responds that a voluntary order is not possible, the alleged father is to be treated as a cohabitant (for TANF purposes)to the child in question and the case is to be processed in that manner. In such instances, the child support referral should list the legal father as the absent parent and a comment message "Paternity Referral-Legal vs. Alleged Father" included. Since this initial process is voluntary, the MFU is not subject to loss of assistance or penalty prior to approval. However, a penalty is applicable if they fail to cooperate with any CSS requirements following case approval. See 2165.2 for food assistance if they fail to cooperate.
Minor Parent . If one parent is an adult and the other emancipated or if both parents are emancipated, the case is to be treated as though both are adults and handled as described at the beginning of this section (i.e., screened for paternity establishment, referred to CSS pending eligibility if necessary and penalties applied to the mandatory filing unit for noncooperation). See 2112 for emancipation requirements. Note that this provision does not apply if either parent is able to act in own behalf only through provisions in 2112 . If either parent is a minor and not emancipated, CSS cannot expeditiously process a voluntary order. This is because appointment of a guardian ad litem is required and generally takes considerable time. For these situations (or if paternity is otherwise established by marriage or court order), the case may be approved treating him as the father without a referral to CSS pending eligibility. A referral must be made to CSS at the time of case approval, however, if paternity is not otherwise established. The CSS referral should be completed with information on the minor father and a comment message "Minor Parent Paternity Referral" included.
Single Parent Father . This situation addresses circumstances in which the father is in the home while the mother is absent, and he is unable to document paternity to a child(ren) through marriage or a court order. If the mother is available (e.g., lives in the community) and agrees to cooperate in the process, or if she is deceased and substantiation of death is readily available, a referral to CSS for paternity establishment pending eligibility is required and handled per general instructions earlier in this section. If he fails to cooperate, the mandatory filing unit is ineligible. See 2165.2 for food assistance. If he cooperates, but does not sign a voluntary order because he questions paternity, he is treated as a nonrelative to the child and can receive assistance only if he otherwise qualifies as a caretaker or cohabitant (4100) . For food assistance, if he is exercising parental control over the child, he can get food assistance for himself and the child. If the mother is not available or if documentation of her death is not readily available, the case is to be processed treating him as the father provided other documentation and/or prudent person judgement would merit such. Upon case approval, the CSS referral must be completed listing the mother as the absent parent and a comment message "Single Parent Father" included. The father continues to be required to cooperate or the mandatory filing unit is subject to loss of eligibility per 2165 above. See 2165.2 for food assistance non-cooperation. After the case has been processed either including or excluding persons as appropriate, the qualifying parent(s) continues to be responsible to cooperate in establishing or finalizing paternity as necessary. Failure to do so shall result in ineligibility for assistance per provisions in 2165 above. See 2165.2 for food assistance non-cooperation.
2170 Strikers (Not Applicable to Child Care) - There is ineligibility for assistance when the local office has evidence that a cash assistance client or food assistance household member is participating in a strike. For cash assistance, the individual and all persons in the mandatory filing unit of which the person is a member shall be ineligible for as long as the labor dispute exists even if the individual is otherwise exempt from the work related requirements.
For food assistance, households with striking members shall be ineligible to participate in the Food Assistance Program unless the household was eligible for benefits the day prior to the strike and is otherwise eligible at the time of application. However, such a household shall not receive an increased allotment as the result of a decrease in the income of the striking member(s) of the household.
Contact with union and company officials should be maintained to determine the probable length of the strike and to verify wages received from the company on strike, strikers' benefits, or other aid from the union. However, the services of individuals or organizations who are parties to a strike or lockout shall not be used in the eligibility process except as a source of verification for information supplied by the client. Because of the special income consideration for food assistance households containing one or more strikers, there will be little, if any, possibility for expedited services.
2171 Striker Definition - A striker is defined as anyone involved in a strike or concerted stoppage of work by employees (including a stoppage due to the expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees. Any employee engaged in a lockout, however, is not deemed to be a striker.
If the company fires the employees while they are on strike or if the employee officially resigns from his or her job while on strike, these provisions no longer apply. However, if the persons gets another job while on strike but does not resign from the struck company, there is still ineligibility.
NOTE: For food assistance, an individual exempt from work registration in accordance with 3210 or 3220 , the day prior to the strike, other than those exempt solely on the grounds that they were employed, shall not be deemed to be a striker. This is not applicable to cash assistance and such individual shall still render the mandatory filing unit of which he or she is a member ineligible for cash.
2172 Provisions Specific to Food Assistance
2172.1 Pre-Strike Eligibility - Pre-strike eligibility shall be determined by considering the day prior to the strike as the day of application and assuming the strike did not occur. This determination should include all factors of eligibility. If the household containing a striker was ineligible to participate the day prior to the strike, the household cannot be certified for food assistance during the strike. If the household was eligible to participate the day prior to the strike, current eligibility shall be determined as outlined in 2172.2 .
2172.2 Current Eligibility - Once a determination has been made that the household containing a striker(s) meets the pre-strike eligibility requirement listed above, a determination of current eligibility must be made. Current eligibility shall be determined by considering all factors of eligibility as they exist at application except that the striking member's income before the strike (as calculated for the determination of pre-strike eligibility) shall be compared to the striker's current income and the higher of the two amounts added to the current income of the nonstriking members. To determine benefits (and eligibility for households subject to the net income eligibility standard), income deductions shall be calculated for the month of application as for any other household. Whether the striker's pre-strike earnings are used or his or her current income is used, the earnings deduction shall be allowed if appropriate.
If changes occur subsequent to certification, the household's benefits should be adjusted using normal procedures except that during the strike, striking members must always be attributed pre-strike earnings from the job on which the strike occurred, or his or her current income, whichever is higher.
2172.3 Work Registration - Unless exempt as discussed in 3500 , strikers must seek employment and meet all work-related requirements. See 3100 .
2172.4 Scheduling Intake - In Areas which do not have an appointment system for taking applications for participation in the program, a great deal of confusion may result if there is a sudden influx of applicants. In order that applicants may be handled in as orderly and timely a manner as possible, consideration should be given to an appointment system on a temporary basis in the affected Area. For example, if there is a large influx of strikers, the worker may advise the applicants that only a certain number can be interviewed during one day and the rest should make an appointment and return later. Group briefing sessions may also be helpful in screening potentially ineligible households. In any event, application forms must be supplied when requested, be accepted when they are presented, and must be processed in accordance with either normal processing standards or expedited service procedures, if necessary.
2172.5 Resources and Verification - Particular emphasis should be placed on determining assets available to the household because of the strikers' recent long-term regular employment. In particular, the possible existence of stocks, bonds, credit union accounts, extra cars, or recreational equipment such as boats and campers should be explored. Since strikers are considered temporarily unemployed, a vehicle customarily used to transport a household member to and from employment shall continue to be excluded during the strike. This exclusion applies to the extent that the fair market value of the vehicle does not exceed $4,650. Verification of resources is only required if the information on the application is unclear or inconsistent with other information on the application, previous applications, or other documented information, or other documented information, and it affects eligibility.
2180 Other General Program Requirements
2181 Not Receiving SSI (Cash only) - Recipients of SSI are not eligible for cash assistance coverage. Adult clients of TANF who are potentially eligible for SSI (i.e., 65 or older or physically or mentally incapacitated with a condition that is expected to last 12 months or longer or result in death) must apply for such benefits to remain eligible for assistance pending the SSI eligibility determination.
For persons who are potentially eligible for SSI during periods of SSI suspension or termination, the person must seek to have such benefits reinstated.
NOTE: When the Social Security Administration determines retroactive SSI payments, a person's share of TANF benefits received is deducted. If only one person was on the TANF plan, the amount reported to SSA would be the actual grant amount received. If the assistance plan was for two or more, determine the person's share by deducting from the TANF grant amount received, the grant amount that would have been received had the person been receiving SSI and not TANF. The difference is that person's share of TANF. Generally, a shared living need standard must be used to determine the grant amount had the SSI person been excluded. (See Table II Standards section in the Appendix .)
2182 Fugitive Felons and Probation and Parole Violators (Not Applicable to Child Care) - There is ineligibility for cash assistance and food assistance for persons (including juveniles) who are either fugitives from justice due to a felony conviction or charge or in violation of a condition of probation or parole imposed under federal or state law. Action to deny or terminate assistance can only be taken if evidence of such fugitive status or violation of probation/parole is obtained from such sources as law enforcement officials or parole officers or if it is reported by the household.
NOTE: For Food Assistance, an individual is a fleeing felon when a Federal, State, or local law enforcement officer acting in his or her official capacity presents an outstanding felony arrest warrant that conforms to one of the following National Crime Information Center Uniform Offense Classification Codes:
Escape (4901);
Flight to Avoid (prosecution, confinement, etc.) (4902); or
Flight-Escape (4999).
The provisions of 2182 take precedence over other statuses that would result in a food assistance household member being ineligible for food assistance. Specifically, these sections take precedence over non-household member status of a student, and excluded statuses due to failure to provide or apply for an SSN, ABAWD status, or ineligible non-citizen status. See 4212.1 and 4212.2 .
2183 Felony Drug Convictions (TANF only) - Any individual who has been convicted on or after July 1, 2013 of a state or federal felony offense which includes an element of the offense of manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog is ineligible TANF for five years from the date of the conviction for a first offense. Any person convicted of a first felony offense after July 1, 2013 and subsequently convicted of a second felony offense which includes an element of the offense of manufacture, cultivation, distribution, possession or use of a controlled substance is ineligible to receive TANF benefits for their lifetime. Note: There is no comparable penalty for food assistance.
2184 Felony Drug Convictions (Food Assistance only) - Any individual who is convicted of a felony offense occurring on or after July 1, 2015, which includes as an element of such offense the manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog will be ineligible to receive food assistance benefits until the individual as part of an approved drug treatment plan, participates in an drug treatment program. When the individual has completed treatment, he/she must submit to and pass drug testing as part of the approved drug testing plan.
Any individual convicted of a first felony offense after July 1, 2015 and subsequently convicted of a second felony offense which includes as an element of such offense the manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog is ineligible to receive food assistance benefits for their lifetime.
The ineligible individual will be treated as a disqualified household member. The remainder of the food assistance household may receive food assistance benefits if they are otherwise eligible. See 4212.3
NOTE: The individual may not meet standards to be eligible for drug treatment and therefore would only need to submit to the approved drug testing plan.
2200 - REQUIREMENTS SPECIFIC TO TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) - "See Policy Memo # # 05-07-03 re: "Clarification Between TANF & Financial Support from Provider to Out-of-home Relative Caretakers".
2210 Child in Family - There must be at least one child in the home or qualifying under temporary absence provisions of 2223 . In order for any family member to qualify, a child must be included in the assistance plan for TANF benefits unless the child is: (a) unborn; or (b) excluded as an SSI recipient. When the only child is an unborn, the woman’s statement of the pregnancy and the expected due date is acceptable proof. Prudent person principle applies (see KEESM 1310 ). See 4100 for assistance planning provisions for TANF.
NOTE: Children in state custody placed with a caretaker are not entitled to receive both a TANF payment and a foster care payment in the same month. Also, families working with Child Welfare Community Based Service (CWCBS) Providers for the receipt of foster care payments for children who have been placed with them may receive TANF for those children during the interim period before the receipt of foster care payments. (See 6410 .) However, a caretaker or non-relative foster parent may receive TANF for a dependent child of a foster care recipient if the dependent child and foster care recipient are living together in the foster family home, the dependent child is not in DCF custody, and other TANF requirements are met. Please refer to Policy Memo No. 05-07-03 .
A child must be an unborn child, under 18 years of age, or age 18 and working toward attainment of a high school diploma or its equivalent, including students attending a home school that is registered with the Kansas Department of Education. The person may be considered a child the entire month he or she turns 18, or if pursuing a high school diploma or its equivalent the entire month he or she turns age 19. A person acting in their own behalf per 2110 is not considered a child for TANF purposes. A child, age 7 through 17, must be enrolled in school, including a home school that is registered with the Kansas Department of Education. Client statement is adequate verification of enrollment. At application and review, verification from the school is required for a child who is 18 and working toward a high school diploma or GED.
The statement of the applicant in regard to the month and day of the birth of the child will be accepted by the agency unless there is reason to question its authenticity or unless evidence establishes the month and day of birth as being different from that given by the applicant. If the agency establishes a month and day, that will be considered as the actual date of birth for the child. Age may be established by means of official papers, other written documents, birth registrations or, in exceptional cases, by the use of affidavits if verification is needed.
If the applicant is not able to give the month and day of birth for a child and if the agency is unable to establish any month and day, July 1 is to be used arbitrarily as the child's birth date.
2220 Living With a Caretaker - A child must be living in a home with a caretaker. A person must have one of the following relationships to the child in order to be a caretaker under this provision:
Any blood relative (or one of half-blood) who is within the fifth degree of kinship to the dependent child. An appropriate relative is therefore a parent, (biological or adoptive) grandparent, sibling, great-grandparent, uncle or aunt, nephew or niece, great-great grandparent, great uncle or aunt, first cousin, great-great-great grandparent, great-great uncle or aunt, or a first cousin once removed. An example of a great uncle would be the brother of the grandparent of the dependent child. An example of the great-great uncle would be the brother of the great grandparent of the dependent child. An example of a first cousin once removed who would qualify as a caretaker would be an adult child of a first cousin of the dependent child. Another example of first cousins once removed would be in the relationship between a dependent child and the first cousin of that child's parent. Second cousins are not within the allowable degree of relationship. An example of second cousins would be two persons whose parents are first cousins. See the Relationship Chart in the Tables/Charts portion of the Appendix Section for illustrations of allowable relationships.
A relative who is within the fifth degree of kinship to the dependent child by marriage.
Legally adoptive parents and other relatives of adoptive parents as designated in groups (1) and (2).
A person who is court-appointed to be: • a guardian; • a conservator; or • the legal custodian.
The spouses or former spouses (after marriage is terminated by death or divorce) of any persons named in the above groups.
When a person in the home with a child is considered the father based on statements from the client(s) or other documentation as appropriate, he shall be treated as the father for purposes of the provision. However, a referral to CSS for a voluntary paternity acknowledgement is required. If he chooses not to sign necessary documents because he questions paternity, he will continue to be considered part of the mandatory filing unit as per 4100 and his income and resources will be considered in the eligibility and benefit determination.
Verification of relationship or status to the child is required in all non-parental situations (i.e., grandparents, aunts, uncles, conservators, etc.). Applicants will be allowed up to 90 days from the date of the application to provide verification of relationship as long as a bona fide effort is being made. Failure to do so will result in ineligibility for the child. Also see 1322.1 (10) .
As long as the caretaker has day to day responsibilities for the care and control of the child, eligibility continues even though the child is under the jurisdiction of a court for probation or protective supervision, or legal custody is held by an agency that does not have physical possession of the child.
NOTE: There are situations in which the rule that a child must be living with a caretaker will conflict with the mandatory filing unit rule. For example, John applies for TANF for himself and his two sons. Also living in his home is Scott, his children’s half-brother, who has the same mother but a different father. The boys’ mother and John were never married, even by common law; therefore, there is no caretaker relationship between John and Scott. The three boys are a mandatory filing unit, however, due to their blood relationship. The father is also part of this mandatory filing unit because he is legally responsible for his two sons. In this and similar situations, the mandatory filing unit rules will take precedence over the caretaker relative rules. The assistance plan must include John and all three boys.
2221 Joint Custody Situations - In situations of joint custody where a child resides with each parent within a calendar month, and both parents are applying for benefits , the parent who has the primary responsibility for exercising parental control, may apply and receive assistance for that child if otherwise eligible. Eligibility for assistance for the child or children in joint custody cannot be split between the separate parents and, therefore, both parents cannot receive benefits for the same child for the same month. If neither parent can be shown to be the parent with whom the child resides a majority of the time (over 50%) and no other factor shows that one parent has the primary responsibility for the child, then the parents must designate which household will include the child. If the parents will not designate which household will include the child, then the parent who applied for assistance first will receive benefits for the child. If only one parent is applying for assistance benefits, then the child(ren) are to be included in the assistance household with that parent. No additional statements from either of the parents regarding the living arrangements of the children should be requested as they are not needed to provide assistance to the children in a joint custody situation when only one parent is requesting assistance.
2222 Minor Parent Not Living with Caretaker - A minor parent (including a minor expectant mother or father) who is not able to act in own behalf per 2110 and not living with a caretaker as defined in this section may qualify for assistance provided an adult in the family group is applying for or receiving assistance on the minor parent's behalf. Examples: A minor father living with his child and the child's grandmother (not the minor father's parent) can be eligible even though the grandmother does not qualify as a caretaker to the minor father. A pregnant minor not able to act in own behalf living with her unborn's adult father can be eligible even though the father does not qualify as a caretaker to the minor mother.
NOTE: Anytime a minor's health or safety is judged to be at risk, a referral to Prevention and Protection Services would be appropriate.
2223 Temporary Absence of A Child or Caretaker - A child or caretaker who remains a part of the household, but is, or is expected to be, out of the home for 180 consecutive days or less, shall, if otherwise eligible, qualify to receive assistance. In addition, a caretaker who is out of the home for employment or to fulfill a work requirement shall also qualify as a part of the household regardless of the length of time away. A child who is out of the home for a temporary visit with the noncustodial parent and who is expected to return within 180 days shall remain on the custodial parent's TANF case and CSS shall be notified of the absence. A child out of the home attending school or in Job Corps remains a part of the household as long as he/she intends to return to the household, regardless of the expected length of absence. The determining factor in the case of a temporarily absent child shall be the caretaker's continued responsibility for the care and control of the absent child. The determining factor in the case of a temporarily absent caretaker shall be the caretaker's continued responsibility for the care and control of the children remaining in the home. If the anticipated stay lasts longer than the 180 consecutive days, the individual should be removed, or in the case of a single child on the case, closed, at the end of the 180 day period.
EXCEPTIONS:
For applicants and recipients, whether adult or child, who are temporarily absent due to hospitalization, assistance may be approved and/or continued only if the hospital stay is not expected to exceed the month of admission and the two following months. (See 2223 .)
An adult or child who is in jail or prison or a juvenile detention or correctional facility shall not be eligible for assistance while incarcerated. (See 4141 .)
If a child's needs are being met through foster care payments, the child may not receive a TANF payment. [See 4113 (3)] . However, the caretaker and other children may remain eligible.
NOTE: If the person who cares for the TANF children during a parent's or caretaker's temporary absence is employed and needs child care, see 4420 (2) .
2230 Teen Parent Under Age 18 - An applicant/recipient who is under age 18 and who is the parent of a child in the home shall not be eligible for assistance when all the following circumstances exist:
all of the teen's children in the home are at least three months old;
the teen parent is unmarried; and
the teen parent has not obtained a high school diploma or its equivalent, or is not working toward attainment of a high school diploma or its equivalent, or an alternative educational or training program that has been approved by the state. Either part-time or full-time attendance of classes would meet requirements of this section.
This provision applies to the teen parent whether being treated as an adult or child. The provision also applies to a minor father in the home.
When an applicant/recipient is affected by this provision, the individual must be advised of the eligibility issue and offered any available services to assist in school attendance prior to staff taking action to deny assistance.
School Attendance: If the teen parent is not able to act in own behalf per 2110 (is being treated as a child on the case), only the teen parent would be ineligible for not attending school, as long as the teen parent is enrolled in school. Other family members may qualify for assistance if otherwise eligible. If the teen parent is able to act in own behalf and is being treated as an adult on the case, penalties in 3510 apply and the mandatory filing unit of which the teen parent is a member will be ineligible.
School Enrollment: If the teen parent is not enrolled in school, the entire mandatory filing unit of which the teen parent is a member is ineligible per KEESM 2210.
2240 Time-Limited Assistance - The family group shall not be eligible for TANF if:
the family group contains at least one adult member who has received TANF for 24 calendar months beginning on and after October 1, 1996 or
the family group has received TANF for any 24 calendar months beginning on and after October 1, 2000, while at least one adult member residing with the family group was disqualified for being an ineligible legal non-citizen, an illegal non-citizen, a fugitive felon, a drug felon (on or after July 1, 2013), in non-compliance with suspicion-based drug policy, or convicted of fraud, or
the family group has received TANF for a combined total of 24 calendar months under a combination of (1) and (2) above. EXCEPTIONS: Months of cash assistance received by an adult while living on an Indian reservation or in an Alaskan Native Village with a population of at least 1,000 people and where at least 50 percent of the adults were unemployed do not count toward the 24-month time limit. Cases receiving the Work Incentive payment are allowed to receive all five months of the $50 payment, if they continue to meet all other TANF eligibility criteria. This includes months exceeding the TANF time limit. Once eligibility for the $50 Work Incentive payment ends, the case is to be closed if no other hardship exists. Cases where a hardship extension has been granted, allowing receipt of TANF until the 36-month limit is reached. In situations where all adults are receiving SSI.
(See the TANF 24-Month Limit Questions in the Appendix , Item #E-4).
2241 Counting Cash Assistance Received From Other States Toward the 24-Month Time Limit -The 24-month time limit is a lifetime limit and includes TANF cash assistance paid by other states or tribes. Information regarding cash assistance received from other states may be obtained from client statements or other means. Reasonable efforts to verify such assistance are to be made. The guidelines below are to be followed in determining what assistance from other states to apply to the 24-month time limit:
Any recipient who receives a diversion payment is limited to 18 months of TANF cash assistance in a lifetime, unless such recipient shall meet a hardship criteria as defined by the secretary. Additionally, diversion agreements signed in another state or tribe are applicable in Kansas and will be considered in determining eligibility in Kansas or amount of assistance in Kansas. Refer to KEESM 1118 for more specific information on Lump Sum Non-Recurrent Diversion payment.
Monthly cash assistance payments received and counted toward the 24-month time limit in another state or tribe shall also be applied to the time limit in Kansas.
Monthly cash assistance payments received but not applied toward the 24-month time limit in another state shall or tribe not be applied to the time limit in Kansas. A family applying for TANF cash assistance in Kansas who has already received 24-months of cash assistance in another state(s) or tribes shall not be eligible in Kansas.
2242 Agency Protocol Prior to Terminating TANF Cash Case Due to the Time Limit - In order to assure barriers have been identified and addressed, the following protocol will be completed for clients participating in the Work Programs by 12 months of TANF assistance:
Inventory of strengths and barriers completed utilizing the Self-Assessment form. See Appendix #E-6.
Sexual harassment, domestic violence, sexual assault, or stalking screening completed with referral for follow-up services when indicated.
SASSI screening completed by a Solutions Recovery Care Coordination (SRCC) counselor when possible with referral to RADAC for follow-up evaluation and treatment when indicated by a positive screening score.
Documentation that each adult was offered individualized employment services where available.
For those adults who have attempted to work but have not been able to keep a job, there should be documentation of placement in a supervised work experience site or a job tryout where the client can be closely monitored. It should also be documented that initially unforeseen barriers were addressed as part of the on-going assessment process (including but not limited to vocational assessment, psychological evaluation, U.A.s, learning disability screens, etc...).
If the client reports they have a long term or permanent disability preventing them from sustaining employment a medical evaluation must be provided by the client to document their claim. The case manager will advise the client that all medical evaluations will be subject to a second opinion. The client shall be required to provide additional documentation such as a vocational assessment and/or psychological evaluation if necessary. Pursuit of Federal disability benefits will be the responsibility of the client. The hardship extension will be reviewed at 6 months, at which time the client may be required to provide additional medical documentation.
All LEP (Limited English Proficiency) issues must be addressed. Appropriate services must be available to assist the LEP clients in gaining self-sufficiency.
Contact made with CSS to determine if all efforts have been made to establish a child support order.
An IST or cross-agency team is to be convened at least once prior to the TANF time limit. The team could include all professionals with knowledge of the case, such as ES Program Administrator or designee, the contracted employment services providers, CSS collection officer, PPS social worker, Rehabilitation Services counselor, as well as others involved in the case. All results must be evaluated, documented and signed by all parties. Local offices are to establish the cross-agency teams as appropriate for each case.
Families will be placed in the hardship category after receiving 12 months of assistance if the adult family members meet the criteria established in KEESM 2243 .
Families must be notified at application and every review of case closure at 24 months, or if meeting a hardship criteria, at 36 months.
All TANF cases are to close once 36 months of assistance have been received with the exception of the work incentive payment.
2243 Hardship Status - There is a twenty-four-month time limit to receive TANF assistance. If all adults in the mandatory filing unit (MFU) do not meet a hardship criterion, the case is to close at the end of the twenty-fourth month. To engage in client driven services sooner, hardship status is to be determined by the twelfth month of TANF assistance or as it becomes known to the agency. This hardship status, which allows families to receive TANF assistance beyond the twenty-four-month time limit, is to be granted when all adults in the MFU meet one or more of the following criteria.
Caretaker of Disabled Household Member - Is a caretaker of a disabled family member living in the household. Form ES-4310 must be completed indicating the nature of disability and duration. For disabilities that are not considered permanent, the ES-4310 must be completed yearly or as indicated. For those disabilities that are considered permanent, the ES-4310 must be completed at least once. Home care resources (Independent Living Centers, Community Developmental Disability Organizations, etc) may be explored at the option of the caretaker and/or a person with disabilities. These resources may allow the caretaker to voluntarily participate in EES work program activities to promote self-sufficiency. (see KEESM 3100 for mandatory referrals to employment services for exempt TANF adults.)
Long-Term Disability - Has a disability which precludes employment on a long term basis or requires substantial rehabilitation. Verification is to be obtained through the medical form ES-4309, or medical form ES-4309 and a vocational assessment, or a psychological evaluation. All documentation will be subject to a second opinion. The client must provide documentation they are pursuing Social Security Disability benefits to be given an extension for this hardship. The case must be reviewed no less than every 6 months at which time additional medical documentation may be requested.
Sexual Harassment, Domestic Violence, Sexual Assault, or Stalking - Needs a time limit extension to overcome the effects of sexual harassment, domestic violence, sexual assault, or stalking (see 3530 (10)). This hardship must be re-established every six months through a joint staffing between EES staff, the DSA advocate and the client.
PPS - Is involved with Prevention and Protection Services (PPS) and has an open social service plan verified by contact with PPS. An IST staffing should occur prior to using this hardship and every six months once invoked.
Executive Review - Is determined to not have a hardship as designated in criteria 1-4. At application or review, but before the 24th month of TANF assistance, staff will reach out to the TANF Program Manager requesting a hardship for all eligible households. A determination for hardship will be made by the executive review team. Hardship for such a family member will end the first month cooperation ceases. This extension may be reviewed as needed.
NOTE: Cases which have closed after reaching the 24-month time limit (either in Kansas or another state) can regain eligibility if they meet a hardship criterion in 1 through 4. Hardships may extend eligibility for TANF assistance to 36 months. Verification of a hardship (1 – 4) is required when reopening a case after the 24-month time limit has been reached. Hardships may extend eligibility for TANF assistance to 36 months. If at any time an open TANF household loses hardships 1 through 4, they may be eligible for hardship number 5.
2243.1 Non-Cooperation with Work Programs When in Hardship Status - For individuals who meet hardship status 1 - 5, are mandatory work program participants, and the recipient is not cooperating with Work Programs, the following applies:
TANF eligibility for the entire TANF family will cease, giving timely and adequate notice, when a non-exempt adult recipient is no longer cooperating with Work Programs and does not meet good cause. If the family is over twenty-four months and failed to comply with TANF work related requirements, the current hardship will be ended and the TANF case will close for exceeding the lifetime limit. No penalty will be applied to the TANF case and no comparable penalty will apply to the individual on the food assistance case.
See also Section 3500 for work non-cooperation issues.
2243.2 Non-Cooperation with Child Support When in Hardship Status - For individuals in hardship status 1 - 5 who receive a penalty for failing to cooperate with child support enforcement, the following applies: TANF eligibility for the entire TANF family will cease, giving timely and adequate notice, when a non-exempt adult recipient is no longer cooperating with CSS and does not meet good cause. If the family is over twenty-four months and failed to comply with TANF work related requirements, the current hardship will be ended and the TANF case will close for exceeding the lifetime limit. No penalty will be applied to the TANF case and no comparable penalty will apply to the individual on the food assistance case. See also Section 3500 for work non-cooperation issues.
2244 Reserved
2250 Applicant Eligibility Requirements Specific to TANF 2251 Assessment Requirements for TANF Applicants - All adults applying for TANF must sign and complete the orientation tutorial and the self-assessment, including those who have been disqualified for or denied TANF due to non-cooperation, suspicion-based drug testing requirements or fraud. Adults who are not otherwise eligible for TANF such as ineligible non-citizens, relative/non-relative caretakers and adults receiving SSI/SSDI do not have to complete the orientation tutorial and the self-assessment. The orientation tutorial will be accessible via the internet, so the client has the necessary information to make informed decisions. The orientation tutorial may only be altered with EES Administration approval.
Note: Applicants enrolled in Job Corps are exempt from completing the Self-Assessment and the orientation tutorial.
Note: An applicant that requires a translator to communicate in English is still required to complete the Self-Assessment but is exempt from completing the orientation tutorial. The work program case manager will review information contained in the orientation with the client when they meet with the client. Note : If an incidence of domestic violence, sexual assault, sexual harassment, or stalking is identified a referral will be made to a local Domestic Violence/Sexual Assault (DV/SA) provider through the ES-4416.
Note: The self-assessment and the orientation tutorial are TANF eligibility requirements. This includes mandatory TANF adults who are being added to an open TANF case. Self-declaration of disability does not excuse the client from completing these requirements. If the client has an impairment that prevents them from meeting either of these requirements, a PA will need to review and approve the exclusion of the requirement for the client. Determination of disability will be completed and documented by the Employment Services staff upon the approval of TANF benefits.
2252 Reserved
2260 TANF Suspicion-Based Drug Testing -The State of Kansas wants to assure TANF funds are spent for the needs of the children. This is to ensure that families are able to care for themselves in their own homes and that parents overcome dependence on governmental programs and become economically self-sufficient. The State of Kansas also must insure that public monies expended in the State are used by the recipients for their intended purposes and not for procuring controlled substances. Dependence on such controlled substances impedes these goals.
2260.1 Drug Testing Requirements Specific to TANF - Suspicion-based drug testing is mandatory for TANF applicants, recipients and payees when there appears to be unlawful use of a controlled substance or a controlled substance analog. Individuals not eligible for cash assistance such as SSI parents, caretaker relatives who do not request assistance for themselves, or ineligible non-citizens are not subject to the drug testing requirements. The definition of a controlled substance, and the list of such substances, is in K.S.A. 65-4105 and 65-4107. The definition of a controlled substance analog (K.S.A 65-4101) (bb)) is that which is intended for human consumption, has a chemical structure of which is substantially similar to the chemical structure of a controlled substance and which has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to a controlled substance. The following controlled substances and controlled substance analogs to be tested for:
Amphetamines/Methamphetamines;
Cannabinoids (THC -Marijuana);
Cocaine;
Opiates;
Phencyclidine (PCP).
Note: Alcohol is not a controlled substance and the following information does not pertain to reports of positive alcohol use. Any sign of alcohol abuse will follow current processes in place with screening and referral to SRCC. (See KEESM 3330.1 )
2260.2 Cooperation with the Drug Testing Process - Failure to complete a drug test as requested by the case manager will be treated in accordance with KEESM 2260.7 . A protective payee is to be named for the other members of the eligibility unit when the individual has refused to undergo drug testing. Refer to KEESM Section 1515 for more information regarding protective payees.
Note: Any mandatory TANF recipient not meeting a SBDT indicator, who is requesting services to help maintain sobriety may be referred for SRCC services.
Any mandatory TANF recipient that meets an indicator and test negative will be referred for SRCC services.
2260.3 Suspicion-based Indicators - Individuals exhibiting any of the indicators listed below are required to be tested for drug usage.
The following are examples of indicators of unlawful use of drugs, especially when there is a combination of such observations:
Arrest records from drug related charges (within the last 12 months)
Employment records (loss of job, failing a drug test, etc. within the last 12 months)
Self-declaration of usage or other indicator being met (within the last 12 months)
Visual observation of drug use
Visual observation of drug paraphernalia
Substance Abuse Subtle Screening Inventory (SASSI) indicators
Prior Refusal to SBDT drug test
This list is not all inclusive. Staff must document the reason(s) a drug test is requested. Documentation is to be placed in the case file. Required documentation is as follows:
Arrest records from drug related charges (within the last 12 months)—documentation required from law enforcement, court documents, or online postings.
Employment records (loss of job, failing a drug test, etc. within the last 12 months) -documentation required from the employer.
Self-declaration of usage or other indicator being met in the last 12 months –documented by the agency/person referring for the UA.
Visual observation of drug use -documented by the agency/person referring for drug testing.
Visual observation of drug paraphernalia --documented by the agency/person referring for drug testing.
SASSI indicators -documented by SRCC.
Prior Refusal to SBDT drug test – documented in DCF case file, as it is specific to prior TANF SBDT.
All documentation must be in the case record and is not to be destroyed. This will allow for use in any appeal process.
Referrals for drug testing will not be made on unsubstantiated reports. Unsubstantiated reports can include hotline referrals, hearsay information, etc.
Note: Individuals not eligible for cash assistance such as SSI parents, caretaker relatives who do not request assistance for themselves, individuals receiving RCA, or ineligible non-citizens are not subject to the drug testing requirements. Staff must not randomly select applicants and recipients for drug testing. There must always be a reasonable suspicion of illegal drug use.
2260.4 Drug Testing - Same day referrals are to be made to the drug testing site, using referral ES-4108 . Date and time of the required test is to be indicated on the referral, ES-4108. When drug testing is not able to be completed on the same date, (E.g., the suspicion arises out of substantiated 3rd party report (PPS, employer, arrest records, internal fraud investigated report, etc)) and a referral is mailed, the drug test is to be requested allowing for mailing time (based on your local office mailing time).
There may also be instances where a reasonable accommodation needs to be made for an individual due to geographic location or as needed to remain compliant with the ADA, which would not allow for same day testing. This is to be explored prior to scheduling an appointment. However, the SBDT Program Administrator may make an exception for a missed test using the claim of reasonable accommodation.
All appointment times will be confirmed with the testing site and indicated on the form itself.
Individuals must show a valid form of identification at the facility when arriving for drug testing. Acceptable forms of identification are:
U.S. passport,
driver's license issued by the state or U.S. territory with a photograph or other identifying information,
certificate of degree of Indian blood,
school identification card with photo,
U.S. military card or draft card with photograph,
identification card issued by federal, state, or local government,
Native American tribal document.
Failure to present acceptable ID is to be treated as a refusal to drug test.
2260.5 Testing Negative for Illegal Use of a Controlled Substance - The drug testing vendor will notify the Secretary of DCF or the Secretary’s designee of the negative drug test results. The results are entered into the electronic case file. Client notification of the negative result of the test is required. Individuals who pass the drug test remain mandatory for future tests if they show indicators (SEE KEESM 2260.3 )
2260.6 Testing Positive for Illegal Use of a Controlled Substance - The drug testing vendor will notify the Secretary of DCF or the Secretary’s designee of the positive drug test results. DCF staff will enter the results into the electronic case file. DCF staff will notify the individual of the positive test result and the consequences of the positive test. DCF staff will inform the individual of the right to request a retest of the original sample. The individual is responsible for all retest costs. For a first positive drug test, the individual is required to actively participate in, and complete, substance abuse treatment as defined by the contractor AND actively participate in, and complete, skills-based training. Failure to do so will result in disqualification for the individual. If disqualified, the individual may be added back to the case the month after the month of completion of substance abuse treatment and skills-based training. (SEE KEESM 2260.13 ) For a second positive drug test, the individual is ineligible for a period of 12 months and is required to actively participate in, and complete, substance abuse treatment as defined by the contractor AND actively participate in, and complete, skills-based training. The individual may be added back to the case the month after the month of completion of substance abuse treatment and skills training or the expiration of the 12-month period, whichever is later (if on-going case). (See KEESM 2260.13 )
For third positive drug test, there is lifetime ineligibility for TANF assistance for the individual. (See KEESM 2260.13 )
For all positive drug tests a protective payee is to be named for the household. See KEESM 1515 and 2260.9 for additional information on protective payees.
See KEESM 2550 for comparable disqualifications for food assistance for positive drug test.
Note: A positive drug test is not to be treated as a work program penalty.
2260.7 No Shows and Refusal to Cooperate with the Testing Process - The drug testing vendor will notify the Secretary of DCF or the Secretary’s designee when a participant does not appear for their scheduled test or does not cooperate with the drug testing process. Refusal to cooperate includes:
Failure to provide a viable sample for drug testing within the required timeframe,
Failure to complete the drug testing process as directed by DCF or its designee,
Failure to appear for drug testing at the designated location and within a reasonable time,
Failure to contact or cooperate with any medical review process, including, but not limited to, providing copies of medical records needed to confirm the result of the drug testing within a reasonable time.
Failure to provide verification of identity, or
Failure to complete any documents or consent forms required by the DCF or its designee, or the drug testing vendor within a reasonable time.
Applicants and Recipients who fail or refuse to submit to drug testing will be ineligible for TANF (unless there is an approved exception by the SBDT Program Administrator):
For 6 months for the first failure or refusal.
For 12 months for the second failure or refusals.
Permanently for the third failure or refusal.
To regain eligibility after the first or second refusal/failure to test, an individual must complete drug testing and if so indicated, skills training and substance abuse treatment (KEESM 2260.13 ).
Applicants who fail to submit to drug testing will be treated as follows:
At interview, applicant is requested to drug test: Applicant , withdraws application and states he/she will not complete a drug test: Application will be denied and this will be considered a refusal to test. Send the referral to the SBDT email box ( DCF.SBDT@ks.gov ) . Explain the consequences of the refusal to the applicant. (NOTE: A comparable disqualification cannot be applied to food assistance when the person is disqualified for withdrawing their TANF application for not wanting to complete drug testing.) Applicant walks out the door with the referral and also a request for information (if necessary) and does not return any information or complete the drug testing: This is considered a failure to drug test and all consequences apply Deny the application for failure to provide the requested information and apply the appropriate disqualification on the individual that refused/failed to drug test.
Applicant walks out the door with the referral and a request for information (if necessary) and returns all information but does not complete the drug test: This is considered a failure to drug test, and the individual is not eligible until the individual completes drug testing and if so indicated, skills training and substance abuse treatment. The application can be processed for the other family members. A payee needs to be requested.
Note: Applications are not to be held up for drug test results. Continue processing applications as per the BPM process.
Recipients who fail to submit to drug testing will be treated as follows:
Indicator met as identified by case manager or substantiated 3rd party reports: Referred to drug testing Fails to complete drug testing Individual Ineligible for cash assistance according to to first, second or third failure/refusal rule
See KEESM 2550 for comparable disqualifications for food assistance for failure to drug test.
Note: When a request for a suspicion-based drug test is made, a subsequent request for withdrawal or case closure does not override a drug test request. Case may close at client request, however the ineligibility for refusal to test is applied for the appropriate time. Send the referral to the SBDT email box ( DCF.SBDT@ks.gov ). Explain the consequences of the refusal to the applicant.
2260.8 Request for Retest - Any individual with a positive drug test result may request a retest of the original sample. The customer must notify their Career Navigator within 30 days that they would like their original sample retested. The Career Navigator will direct the client to the DCFPayment Portal via www.dcf.ks.gov . The customer must pay directly to the DCFPayment Portal. If the results are determined to be a false positive, the state of Kansas will reimburse the actual cost of the subsequent test.
2260.9 Protective Payees - Individuals who test positive or refuse/fail to complete a drug test are required to have a protective payee named to administer their cash benefits for their remaining household members. Use of the P-3 , (Protective Payee form) with attachment to P-3 is required, and is to be notarized by the payee at the DCF office. The individual must choose an individual outside their household as their protective payee. Protective payees are also subject to suspicion-based drug testing at their own expense. If the household cannot identify a suitable protective payee, the agency may be able to assist with identifying one. See KEESM 1515 for information on payee requirements and TANF closures.
Individuals who are prohibited as a protective payee include those who:
Lives in the same household
Lives too far from the household to be able to adequately assure benefits are distributed appropriately (prudent person principle)
Have a substantiated drug history
Documented Prudent Person related decision
Protective payees who test positive or fail/refuse drug tests are not eligible to receive DCF sponsored substance abuse treatment or skills training. If the protective payee tests positive the agency will identify a new protective payee.
2260.10 Referral/Turnaround form for Substance Abuse Treatment - All applicants and recipients who test positive are to be referred for substance abuse treatment. Use of ES-4412 is required.
Treatment may include random testing and the results will not impact eligibility.
Individuals who do not successfully complete substance abuse treatment as defined by the contractor and skills-based training are ineligible for TANF assistance for themselves.
2260.11 Those not suitable for treatment as per SRCC:
If this is a first positive and the participant is not identified for treatment (occasional or recreational user) as per the DCF contractor, then the following requirements will need to be met for the individual to receive cash assistance: Participate in a DCF contractor approved substance abuse course Participate in a skills-based training
If a subsequent test is positive, this is considered a second or third positive test and treated in accordance with KEESM 2260.6 .
2260.12 Skills Based Training - An individual testing positive will be required to complete skills-based training.
First positive drug test:
Skills based training will be based on a plan coordinated with the client, the SRCC case manager and the career navigator. Activities will be client centered, taking into consideration the need for treatment and for employment services.
This plan will be made within 30 days of the agency receiving the results of the 1st positive drug test.
Second positive drug test:
Intensive case management and job placement; or
Completion of a skills-based training with credentials (for example ABE, CDL, CNA, one semester of AO-K or Trac7); or
Best Training (Best Training is available through the workforce center).
Note: Once the household has closed for time limits they will no longer be involved with skills training. DCF will continue paying for ongoing training program for the semester that they entered before the TANF case was closed.
2260.13 Regaining Eligibility - Individuals who test positive or fail/refuse to drug test must complete the following requirements to regain eligibility.
Individuals who test positive and successfully complete substance abuse treatment as defined by the contractor AND successfully complete skills-based training will regain eligibility for TANF as follows:
First positive drug test: Disqualification for the individual will not occur unless the individual fails to enroll in, and complete, substance abuse treatment as defined by the contractor AND complete skills-based training. If the individual fails to enroll in and complete substance abuse treatment as defined by the contractor AND/OR fails to complete skills-based training, the individual will be disqualified until completing substance abuse treatment AND skills-based training (see 2260.10 , 2260.11 and 2260.12 )
Second positive drug test: The individual can regain eligibility after serving a 12-month disqualification period and completing substance abuse treatment as defined by the contractor AND completing skills-based training (see 2260.10 , 2260.11 and 2260.12 )
Third positive drug test: This results in a lifetime TANF ineligibility for the individual.
Individuals who refuse to test may regain eligibility for TANF at the following times:
First refusal: after six months, and must drug test. This drug test may be completed at any time within the last 30 days of the expiration of the ineligibility period. If this test is positive it will be considered a 1st, 2nd or 3rd positive test, see KEESM 2260.6, 2260.9, 2260.1, 2260.11, 2260.12 and 2260.13.
Second refusal: after twelve months, and must drug test. This drug test may be completed at any time within the last 30 days of the expiration of the ineligibility period. If this test is positive it will be considered a 1st, 2nd or 3rd positive test, see KEESM 2260.6, 2260.9, 2260.1, 2260.11, 2260.12 and 2260.13.
Third refusal: No eligibility for TANF in their lifetime.
If there is an on-going TANF case, they may be added to the assistance case the month following the month of meeting the above requirements. If this is a new application, they may regain eligibility of either the application date or the first of the month after the expiration of the ineligibility period ends. Recipients who have tested positive and have regained eligibility for TANF are subject to periodic testing if there is reasonable suspicion of on-going drug use. (KEESM 2260.3)
2260.14 Appeals - Appeals are to be handled in accordance with KEESM 1600 with three additional provision: All appeals must be forwarded to your regional legal counsel and to the SBDT Program Administrator with appropriate documentation. In addition, contact the testing lab as the lab will need to appear to testify as to the chain of custody and the sampling procedures. Results of a test may be appealed on the grounds that the result is invalid because of failure to adhere to the technical standards established for the test or chain of custody procedure.
2300 Reserved
2400 Reserved
2500 - REQUIREMENTS SPECIFIC TO THE FOOD ASSISTANCE PROGRAM
2510 Categorically Eligible Households - The following households are considered categorically eligible for the Food Assistance Program:
Any household in which ALL members receive or are authorized to receive TANF or SSI benefits. Households are considered categorically eligible if all household members have been authorized to receive payment but have not yet received payment, if benefits are recouped to the point that no actual payment is made or if no payment is made because the benefit is less than $10. Once the TANF or SSI closes, categorical eligibility ceases unless the criteria in item 2 that follows is met.
Any household in which ALL ADULT household members are authorized to receive TransMed per KFMAM 2230, Four-Month Extended Medical per KFMAM 2240, or TANF work program support services per 3410 . Also refer to KEESM 3410 for a list of TANF case closure situations that are not entitled to the TANF work program support services, thus not entitled to categorical eligibility.
NOTE: Households in which all adult members receive TransMed or Four-Month Extended Medical are considered categorically eligible as the adults are authorized to receive TANF funded work related support services on an as-needed basis. Households retain their categorical status even if they do not receive any services, because the adults are authorized to receive them if needed. Households consisting of adults who were receiving Caretaker Medical only, and who lost eligibility due to increased earnings and are now receiving TransMed, are NOT categorically eligible for food assistance since these individuals are not eligible for work related support services.
The following households are NOT considered categorically eligible for food assistance:
Households consisting of 1619b SSI recipients; and
Households consisting of persons authorized to receive Caretaker Medical. (This is because persons authorized to receive Caretaker Medical are not receiving or authorized to receive TANF benefits, including work related support services.)
Residents of public institutions who apply jointly for SSI and food assistance benefits prior to their release from the institution per 1417 who have a finding from SSA of potential SSI eligibility prior to release. (These individuals shall be considered categorically eligible at such time as a final SSI eligibility determination has been made and the individual has been released from the institution.)
All provisions of the Food Assistance Program apply to categorically eligible households with the only exceptions listed in 2512 . It is particularly important that the food assistance household provisions of 4210 are applied when determining if a group of individuals is categorically eligible. Even though a household is considered categorically eligible, they are still subject to the benefit determination procedures of the Food Assistance Program.
Categorical eligibility is considered a non-financial eligibility factor. Categorical eligibility is based on the household's circumstances as they are anticipated to be in the issuance month.
2511 Potential Categorically Eligible Households - In order to determine if a household will be eligible due to its status as an TANF and/or SSI categorically eligible household, the worker may temporarily delay, within the 30-day processing standard, the food assistance eligibility determination if the household is not entitled to expedited service and appears to be categorically eligible. Once the TANF and/or SSI application is approved, the household is to be considered categorically eligible if it meets all the criteria concerning categorical eligibility described in 2512 .
For a household filing a joint application for TANF and/or SSI and food assistance or a household that has an TANF and/or SSI application pending and is denied food assistance but is later determined eligible to receive TANFand/or SSI benefits and is otherwise categorically eligible, the worker shall provide food assistance benefits using the original application and any other pertinent information occurring subsequent to that application. Benefits shall be restored from the beginning of the period for which TANF and/or SSI benefits are paid or the original food assistance application date. The worker shall use any available information to update the application or make face-to-face, mail, or phone contact with the household or authorized representative to determine any changes in circumstances. Any change shall be noted and initialed on the updated application and the application re-signed by the authorized representative or authorized household member. Although an office interview can be requested for this purpose, one cannot be required.
Any household determined TANF and/or SSI eligible which is categorically eligible within the 30-day food assistance processing time shall be provided benefits back to the date of the food assistance application.
Households that file joint applications that are found categorically eligible after being denied food assistance shall have their benefits for the initial month prorated from the date from which TANF and/or SSI benefits are payable or the date of the original food assistance application, whichever is later.
Original applications shall be re-evaluated either at the household's request or when the agency becomes otherwise aware of the household's TANF and/or SSI eligibility. The 30-day processing standard begins from the date of household request or when the agency becomes aware of the TANF and/or SSI eligibility.
2512 Eligibility Factors and Verification Deemed for Food Assistance Eligibility Purposes -
The eligibility factors which are deemed to be met for food assistance eligibility purposes because of categorical eligibility status are:
Resources - The resources of all categorically eligible households are exempt and do not have to be verified for food assistance purposes. Also, see 5430 (20) .
Social Security Number Information - Since Social Security numbers (SSN) will have already been provided or applied for as a result of receiving TANF and/or SSI benefits, this information does not have to be separately provided for food assistance eligibility purposes. However, SSN's or the fact that an application for an SSN has been completed should be documented for all household members.
Residency - Residency does not have to be verified for food assistance eligibility purposes when the household is categorically eligible.
Sponsored Alien Information - If a household is categorically eligible, sponsored alien information provided for TANF or SSI purposes does not have to be verified.
Gross and Net Income Limits - The gross and net income eligibility limits do not apply when the household is categorically eligible. Therefore, a household could exceed the food assistance income limits and still be eligible due to their categorical status, but may or may not receive food assistance benefits because of the way benefit levels are calculated. All other verification requirements of 1322 and subsections continue to apply with the only exceptions as listed above.
2513 Households Not to be Considered Categorically Eligible – The following TANF, and/or SSI households shall NOT be considered categorically if the following applies:
A household contains a member who is disqualified for fraud per 11200 . The remaining household members may participate if otherwise eligible, but may not participate solely on the basis of categorical eligibility. The disqualified member may not participate under any circumstances.
A household is closed for failure to complete the Interim Report Form or the 12-Month Report Form per 9122.6 and 9372 , respectively.
A household contains a member who is disqualified as a fleeing felon/probation or parole violator per 2182 , or convicted of a drug-related felony provisions of 2184 . The remaining household members may participate if otherwise eligible, but may not participate solely on the basis of categorical eligibility. The disqualified member may not participate under any circumstances.
2514 Persons Not to be Included in a Household Which is Otherwise Categorically Eligible - The following persons shall not be considered when determining if a household is categorically eligible, nor shall they be included as a household member in any household which is otherwise categorically eligible:
An ineligible alien as defined in 2140 .
Ineligible under the student provisions of 2530 .
Institutionalized per 4230 , unless residing in one of the five types of institutions listed that are eligible to participate in the Food Assistance Program.
Ineligible due to failure to comply with work related requirements per 3511 or the comparable requirements of 2550 .
Persons determined ineligible due to the able-bodied adults without dependents provision of 2520 .
2515 Work Related Requirements -
Food Assistance E&T Program –
Non-exempt ABAWDS and work registrants 52-59 without children on the food assistance case, who are not meeting the 30 hour a week work requirement are mandatory participants in the Food Assistance E&T program. Case Management Services are provided and failure to cooperate with the program and verify 30 hours of weekly participation in Food Assistance E&T activities will result in violations of 3 months, 6 months or 12 months. At least 11 hours or more of weekly participation must be in education and/or employment activities or an ABAWD month will be counted.
Support services must be provided to E&T participants, including applicants and volunteers, for expenses that are reasonably necessary and directly related to participation in the E&T program. If the agency is unable to pay for expenses necessary and directly related to participation in the E&T program, the client cannot be sanctioned for failure to meet E&T participation requirements.
2516 Special Provisions for SSI Households - Households applying simultaneously for SSI and food assistance shall be subject to food assistance eligibility criteria. Benefit levels shall be based solely on food assistance eligibility criteria until the household is considered categorically eligible.
Individuals who have applied for SSI and food assistance, or who are receiving food assistance, who become entitled to the excess medical deduction and uncapped shelter deduction due to the approval of SSI benefits, shall receive such deductions for the period for which they are authorized to receive SSI or the date of the original food assistance application whichever is later. Such individuals shall have benefits restored using these special deductions if they have such expenses.
2517 Termination of Categorical Eligibility - If the household has a change in circumstances and any household member is no longer a recipient of TANF and/or SSI, or the household no longer qualifies under 2510 (2) , the household is no longer considered to be categorically eligible. The change in circumstances shall be handled in accordance with 9121 or 9122 as appropriate. When categorical eligibility terminates, the special provisions of 2512 no longer apply.
2518 Categorical Eligibility and Claims - If it is determined that an TANF or SSI categorically eligible household's resources exceed the TANF or SSI limit and an overpayment exists on the TANF or SSI program, no corresponding overissuance shall exist for Food Assistance Program purposes. This is because categorical eligibility is based on all household members receiving or being authorized to receive TANF or SSI payments and the household's subsequent eligibility for these payments is not relevant for food assistance eligibility purposes .
2520 Able-bodied Adults Without Dependents (ABAWD) - Able bodied adults aged 18 through 64 without dependents under 14 in the home, can only receive food assistance for 3-months in a 36-month period while they are not meeting the work requirement of items 1 or 2 below. For ease of administration and tracking, the State is adopting a FIXED 36-month period for all persons identified as ABAWDS in the State. The current 36-month period is 10/2025 through 9/2028.
ABAWDS who are not meeting 30-hours per week of work requirements are required to participate in the Food Assistance E&T program. Failure to meet the Food Assistance E&T requirements will result in a food assistance violation. The first failure to meet these requirements will result in a 3-month violation. The second failure to meet these requirements will result in a 6-month violation. The third failure to meet these requirements will result in a 1-year violation. Violation will run separately from ABAWD months. If a client serves the violation period, but has used their three ABAWD months, they will not be eligible for Food Assistance until ABAWD eligibility is regained unless they become exempt from ABAWD requirements during the violation period. NOTE: Months of ABAWD participation in another State count against the 3-month limit in Kansas. If at application, the person indicates receipt of benefits in another State during the Kansas fixed 36-month period, part of the verification that the case is closed in the other State must include verification of receipt of benefits as an ABAWD. These months would be indicated on the system. See the KEES User Manual for further information on system processing. Examples: Joe ABAWD gets 3-months of food assistance while not meeting the ABAWD work requirement from 10/2025 through 12/2025. Joe ABAWD cannot receive food assistance again until 10/2028, unless he meets the work requirement, qualifies for the one-time 3-month extension, or becomes a non-ABAWD. To receive food assistance past the 3-month period, the individual must meet the following work requirement:
Working at least 20 hours per week (averaged monthly). This includ es in-kind work and unpaid employment (volunteering). NOTE: If an individual would have worked an average of 20 hours per week, but missed some work for good cause, the individual shall be considered to have met the work requirement if the absence from work is temporary and the indi vidual retains their job. Goo d cause shall include circumstances beyond the individual's control, such as, but not limited to illness, illness of another household member requiring the presence of the member, a household emergency or the unavailability of transportation. NOTE: Verification that the individual is working an average of 20 hours per week is mandatory. See 1322.1 (8) . Also see 9122.8 (2) regarding reported changes in the number of hours worked to below 20-hours per week. NOTE: An individual employed by VISTA for an average of 20 hours per week would meet this criteria even if the income is not countable. In addition, in-kind income would also count for meeting the ABAWD work requirement as long as the person is working an average of 20 hours per week.
Participating in and complying with one of the following programs for 20 hours or more per week: Workforce Investment Opportunity Act (WIOA) or Trade Adjustment Assistance (TAA) Program. Persons participating in the Food Assistance E&T Program. ABAWDS must be engaged in countable activities. Participating in a work program with a Refugee-funded Social Service Agency; Participating in another approved training program. Must be referred to EES Administration (Food Assistance Program Manager or Work Programs Manager) for approval. NOTE: It will be important to verify that the person is participating in the training program for at least 20 hours per week. Failure on the part of the ABAWD to meet and or verify this requirement must be reported to the appropriate BPM team and will result in that month being counted against their 3-month limit.
2521 Persons Exempt from the ABAWD Provision - The following persons are exempt from the above provision:
Person is exempt from mandatory work registration for any reason. See KEESM 3220 for a list of Food Assistance Work Related exemptions (Not applicable to ABAWDs aged 60-64).
Persons under age 18 (or 18 and still receiving TANF) o r age 65 or over; NOTE: The month the person turns 65, he or she becomes exempt from the ABAWD provisions. The month following the month the person turns 18, he or she becomes subject to the ABAWD provisions.
Persons "unfit" either mentally or physically for employment (has a condition that makes the person unemployable or that prevents the person from keeping a job). Follow the criteria in 3220 (2). NOTE: Persons who self-declare their disability on the ES-3900 (responding "yes" to question 1) shall be regarded as exempt from the ABAWD provisions. If approved for presumptive disability as either a Medicaid or MediKan, the exemption shall continue until a final Social Security determination is made. If the person fails to meet either Medicaid or MediKan qualifications, the exempt status shall end beginning with the month following the month in which the determination is finalized allowing for timely and adequate notice. Pending status for SSA disability would exempt the individual until final determination. If the person is denied SSA disability and is not in appeal status exemption will end beginning with the month following the month in which the determination is finalized allowing for timely and adequate notice. The person would then be subj ect to the ABAWD provisions and continued eligibility determined. Benefits provided on the original self-declaration would not be regarded as overpayments nor as ABAWD months.
Persons responsible for the care of a dependent child food assistance household member under age 14. For purposes of this provision, responsibility for the care of a dependent child household member means that the person is: A parent (natural, adoptive or step) of a food assistance household member under the age of 14; or Is a member of a food assistance household containing a member under the age of 14. This provision applies even if the person under 14 is not receiving food assistance, i.e., considered ineligible household members. NOTE: Caretaker relative(s) who continue to receive TANF while the child (or children) are temporarily out of the home per 2223 , shall not be considered an ABAWD during the temporary status.
Women who are pregnant;
Persons who c laim resp onsibility for the care of an incapacitated household member;
Persons who are applying, appealing, receiving or approved to receive unemployment compensation;
A regular participant in an alcohol or drug addiction treatment and rehabilitation program (solely attending Alcoholics Anonymous (AA) meetings does not meet this criteria);
A student enrolled at least half time (as defined by the school) in any recognized school (including high school diploma or GED), training program, or institution of higher education. The student must be participating and making satisfactory progress in the GED education program. If the student is a post high school student, they must also meet FA student eligibility criteria.
An Indian, defined as any person who is a member of an Indian tribe. Indian tribe is defined as: Any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
An Urban Indian, defined as a person who: Resides in an urban center and meets at least one of the following four criteria: Regardless of if they live on or near a reservation, is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is a descendant, in the first or second degree of any such member Is an Eskimo, Aleut, or other Alaska Native, Is determined to be an Indian for any purpose under regulations promulgated by the Secretary of the Interior; or Is determined to be an Indian under regulations promulgated by the Secretary of Health and Human Services. Urban center is defined as any community that has a sufficient urban Indian population with unmet health needs to warrant assistance under subchapter IV of the Indian Healthcare Improvement Act, as determined by the Secretary of Health and Human Services.
A California Indian, defined as: Are a member of a federally recognized Indian tribe. Are a descendant of an Indian who was residing in California on June 1, 1852, if such descendant: Is a member of the community served by a local program of the Indian Health Service; and Is regarded as an Indian by the community in which such descendant lives. Are an Indian who holds trust interests in the public domain, national forest, or reservation allotments in California. Are an Indian of California who is listed on the plans for distribution of the assets of rancherias and reservations located within the State of California under the Act of August 18, 1958, and any descendant of such an Indian.
During the time an individual is exempt from meeting the ABAWD work requirement as noted above, any period of participation in the food assistance program is not counted in the 3-month limit. Note: Becoming exempt from ABAWD provision while serving a food assistance violation for failure to meet Mandatory Food Assistance E&T requirements will end the violation.
2522 Regaining Eligibility - Individuals denied eligibility under this provision must be given the opportunity to regain eligibility in the food assistance program if during a 30-day period, the individual:
works 80 or more hours per month; or
participates and complies with the requirements of a W IOA progr am for 80 or more hours.
NOTE : ABAWDs that are in the third countable month must have the opportunity to meet the work requirement during the third month.
Once the individual regains eligibility as stated above, they shall remain eligible as long as they work or participate in Mandatory Food Assistance E&T or WIOA program (or other approved program) for 30 hours or more per week (averaged monthly). 2523 One-time Three Month Extension - An individual who regains eligibility as stated in 2522 and then loses their job shall remain eligible for a 3 consecutive months extension if they continue to meet mandatory E&T requirements. This 3-month extension of eligibility is available only one time in the 36-month period. This 3-month extension of eligibility begins on the date the individual first notifies the state that he or she has lost the job. In the case of a single individual whose case has been closed, a reapplication for food assistance must also be completed before eligibility can be determined.
Example: Single individual (ABAWD) applies for food assistance on December 8th and is found eligible to receive a one-time 3-month extension. Extension months are determined to be January, February and March. A referral is made to E&T program. On January 10th E&T Program notifies the Non-Compliance Coordinator that the individual is not cooperating with E&T Program. The Non-Compliance Coordinator determines there is no good cause for not cooperating and potential employment violation is processed discontinuing food assistance allowing for timely and adequate notice. Individual has received their one-time 3-month extension and will no longer be eligible for an extension during the 36-month period. 2524 Establishing the 3-Month Period - A prorated month of eligibility shall not be counted as one of the three months of receiving benefits without meeting the work requirement, nor shall a prorated month count as the first month of the one-time three-month extension. 2525 Review Periods - Cases with ABAWDs (as defined in 2527 (1)) , identified at application shall be certified for 12 months. Follow-up alerts, as appropriate, must be set to redetermine the individuals continued eligibility after the 3-month limit on receipt of benefits has been reached. Also see 9122.2 and 9372 . 2526 Treatment of Income and Resources - Individuals found ineligible due to the ABAWD provisions shall be considered as excluded individuals and any income and resources will be considered in accordance with 5200 (8) and 6510 (2) (a) and 6520 (2) (a). Also see KEESM 4212.2.
2527 Definitions - The following definitions help to clarify this provision:
ABAWD - The following persons age 18 throu gh 64, able-bodied and with no dependents under 14 a re considered ABAWD's: person meeting the ABAWD work requirements; person receiving their 3 months of benefits (or one-time 3-month extension); or person who is disqualified due to receiving 3 months of benefits. ABAWDs are subject to the food assistance program work requirements of 3100 . An ABAWD not meeting the work requirement is to be referred to Food Assistance E&T Program to meet the work-related requirements . Referrals are made at initial application, recertification and when a change is reported that is subject to the simplified reporting requirements. An ABAWD working 20 or more hours per week, but fewer than 30 is also considered mandatory for work-related requirements . ABAWDs working 30 or more hours per week are considered exempt from meeting the work-related requirements and from mandatory Food Assistance E&T. The system determines mandatory or exempt status and generates a referral task. Se e the KEES User Manual for further information on system processing. ABAWDs must b e provided and read the Consolidated Work Requirements, Appendix item E-26. The worker must explain verbally what the work requirements are. Once the application is signed the client is considered to be Work Registered. Th e E-26 box must be completed on the Interview Template under Verification List. Work Registrant - Persons ages 16-59, unless exempt ( 3220 ) from Food Assistance Work Requirements ( 3100 ). Persons who are Work Registrants are not always an ABAWD. Work Registrants must register for work (at application, recertification or when an exemption is lost), take a suitable job if offered, or volunteer to participate in an employment and training program. If employed, Work Registrants are prohibited from voluntarily quitting a job of 30+ hours per week or reducing work hours t o fewer th an 30 hours per week without good cause (unless the weekly wages continue to exceed the Federal Minimum wage multiplied by 30 hours). Work Registrants must be provided and read the Food Assistance Consolidated Work Requirements. KEES will send the notice to the client and t he worker must explain verbally what the work requirements are. The E-26 box must be completed on the Interview Template under Verification List.
Non-ABAWD's - Are all persons exempt from meeting the ABAWD criteria as listed in 2521 . Non-ABAWD's may or may not be exempt from meeting the work-related requirements of 3100 and should be coded appropriately by the system.
2528 Status Changes
If a change in situation during the certification period makes a non-ABAWD an ABAWD, the individual must be screened to determine whether any other exemption applies. If the individual does not meet another exemption, they will get food assistance for three months without meeting the work requirement if they have not already used the three months in the first 36-month period. The change in status from a non-ABAWD to an ABAWD is effective with the month following the month the change is reported. For example, Jane Doe is getting TANF and food assistance for herself and 10-year-old child. The child leaves the home in May to live with his father. The TANF case closes the end of May. Jane is 37, able-bodied, and does not meet another exemption. Beginning in June she is now an ABAWD and can get three more months of food assistance without meeting the ABAWD work requirement (if she has not already received three months as an ABAWD). If the child later returns to the home, or she becomes unfit for employment, she becomes a non-ABAWD and can get food assistance without meeting the ABAWD work requirement. Changes from ABAWD to non-ABAWD status are effective the month the change is reported. Using the above example, if the child returns to Jane's home in August, she has responsibility for a dependent child in that month and the change to being a non-ABAWD is effective retroactively for August. NOTE : Since the household containing the ABAWD is subject to simplified reporting per KEESM 9122 , the household is not required to report new income of the ABAWD unless it is over the 130% reporting threshold for the household size. Therefore, if the household reports at the time the ABAWD is being removed from the case that the ABAWD obtained employment or otherwise met the ABAWD criteria of KEESM 2520 between the time of certification and the end of the three-month time limit, the months when the person met the ABAWD criteria will NOT be counted toward the three-month time limit. Example: A case is certified on January 5 for a mother and her 20-year-old able-bodied child. The 20-year-old is an ABAWD not meeting the work requirements. The three ABAWD months are February, March, and April. The child is set to be removed effective for the May benefit month. After the notice is sent notifying the mother the child is being removed, she reports that the child obtained employment the first of February and was working 25 to 30 hours a week. The child is still employed. Since the child met and continues to meet the work requirement, the months of February, March, and April are no longer considered ABAWD months. If the child later loses employment, he would be entitled to participate for the three of 36 ABAWD months.
NOTE : After case closure, ABAWDs who can provide documentation that work requirements or an exemption were being met during the three countable ABAWD months should retro-actively have countable ABAWD months removed. The household has 30 days from date of closure to report employment or exemptions and the case can then be rescinded. After 30 days from closure, a new application will be required.
EXAMPLE : An ABAWD's countable months are January, February, and March. The case closes March 31. The client reapplies for Food Assistance on June 1 and provides documentation that they were meeting the work requirement in January, February, and March. January, February, and March would then be removed as countable ABAWD months.
EXAMPLE : An ABAWD's countable months are January, February, and March. The case closes March 31. The client contacts the agency on April 25 to report they were meeting the work requirement in February and March and provides documentation. February and March would be removed as countable ABAWD months.
2530 Households Containing Post-High School Students
Any person who is: 18 or older and under 50; physically and mentally fit; and NOTE: For the purpose of this provision, persons "physically or mentally unfit" does not refer solely to those persons disabled based on the disability definition contained in the Definition of Common Terms section. (See Appendix .) If the individual does not receive disability benefits and the claimed disability is not evident, a written statement from a medically-qualified source which supports the extent of the claimed disability will be considered verification for this provision. Persons working with Kansas Vocational Rehabilitation and attending an institution of higher education are considered "physically or mentally unfit" for purposes of this provision. They can participate in the Food Assistance Program, if otherwise eligible without meeting the student criteria in 2531 . enrolled at least half-time in an institution of higher education shall be ineligible to participate in the Food Assistance Program unless that person meets at least one of the 7 qualifying conditions given in 2531 . An individual is considered to be enrolled in an institution of higher education if the individual is enrolled in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.
Persons 17 or under or 50 or over, persons physically and mentally unfit for employment, high school students, persons participating in on-the-job training, persons not attending school at least half-time, or persons enrolled full-time in schools, training programs or courses not considered institutions of higher education do not have to meet one of the qualifying conditions of 2531 . In addition, persons attending institutions of higher education through the Work Investment Act (WIOA) do not have to meet one of the qualifying conditions.
2531 Student Participation Criteria - No person described in 2530 (1) may participate in the Food Assistance Program unless that person meets at least one of the following criteria:
is employed for a minimum of 80 hours a month (an average of 20 hours per week when divided by 4) and paid for that employment; or, if self-employed, works a minimum of 80 hours a month (an average of 20 hours per week) and earns at least 80 times the federal minimum wage each month (To find the current minimum wage click this link, https://www.dol.gov/general/topic/wages/minimumwage , then scroll down and click on ‘What is the Minimum Wage?’);
approved to participate in a federal or state financed work study program during the regular school year; NOTE: To qualify under this provision, the student must be approved for work study and the student must anticipate actually working during the school term. Eligibility under this criterion shall begin with the month in which work study is approved . Once begun, eligibility shall continue until the end of the month in which the school term ends, or it becomes known that the student has refused a work study assignment. Eligibility under this criterion also continues during vacation and break periods if the student will continue work study after the break. See 2532 .
is receiving cash benefits from the Temporary Assistance for Families (TANF) Program;
is responsible for the care of a dependent child under the age of 6;
is responsible for the care of a dependent child who has reached the age of 6 but is under age 12 when it has been determined that adequate child care is not available to enable the individual to attend class and work 20 hours per week or participate in a work study program; (In other words, the student cannot work 20 hours per week to meet the criteria of item (1) because adequate child care is not available.) NOTE: For the purpose of this provision, if the student has to go outside of their home to find child care, then they are not considered to have adequate child care. In two parent situations, the other parent must be available and capable of providing child care for it to be considered adequate. Others in the household such as older siblings and grandparents are not considered available and capable of providing care (even though they may actually be providing the care), when evaluating this criteria. It does not matter whether they pay for the child care or not.
is enrolled full-time in an institution of higher education and is a single parent with responsibility for the care of dependent child under age 12 (regardless of the availability of adequate child care).
is participating in an employment and training program for low-income households that is operated by a State or local government where one or more of the components of such program is at least equivalent to an acceptable food assistance employment and training program component. The Kansas Health Profession Opportunity Project (KHPOP) meets this requirement.
NOTE: For the purposes of (4), (5) and (6) of this provision, in defining responsibility of students for dependent children, the worker shall determine whether the student is responsible for the actual physical care of the dependent child. In addition, when the responsibility is shared, only one person may claim this eligibility criteria as the primary person responsible for the care of the dependent child.
Students governed by 2530 (1) who meet at least one of these criteria may participate in the Food Assistance Program if otherwise eligible. Students governed by 2530 (1) who do not meet at least one of these qualifications may not participate as a household member. Students who are not subject to this policy (explained in 2530 (2)) may also participate in the Food Assistance Program if otherwise eligible.
See the KEES User Manual for further information on system processing.
2532 Student Status During Vacations and Break Periods - The enrollment status of a student shall begin on the first day of the school term. A student covered by 2530 (1) will retain student status during normal periods of class attendance, summer vacations, and semester breaks unless the student graduates, is suspended or expelled, drops out, or does not intend to register at least half-time for the next regular school term (excluding summer school).
This continuation of student status during vacations and semester breaks means that a qualified student (one who meets at least one condition listed in 2531 ) will continue to receive benefits while on vacation or break as long as one of these conditions is met. Those students who do not meet any one of the conditions in 2531 during the regular school term will remain ineligible during vacation and breaks unless one of the conditions is met during the vacation or break period.
2533 Income, Resources, and Deductions of Ineligible Students - Refer to 5200 (6) and 6510 (2) (c) and 6520 (2) (c).
2534 Reserved
2540 Institutional Residents Who May Participate in the Food Assistance Program - Residents of certain institutions, outlined in this section, may participate in the Food Assistance Program according to the specific instructions given for each type of institution. See the KEES User Manual for further information on system processing.
2541 Alcohol and Drug Treatment and Rehabilitation Centers - Persons who regularly participate in publicly operated (community mental health centers) or private nonprofit alcohol and drug treatment and rehabilitation programs on a resident basis may voluntarily apply for the Food Assistance Program. Prior to certifying any residents for food assistance, the worker shall verify that the treatment center is authorized by FNS as a retailer (if the center wishes to redeem benefits through a wholesaler) or, if it is not authorized by FNS as a retailer, that it is authorized under part B of Title XIX of the Public Health Service Act. If a treatment center has been authorized by FNS as a retailer, it is not necessary for the worker to verify that the treatment program qualifies under the above Act. This verification will have been made by FNS in authorizing the treatment center as a retailer.
NOTE: KDADS Behavioral Health Services licenses all substance abuse treatment and rehabilitation programs in Kansas. If a residential facility is licensed by KDADS to provide residential substance abuse treatment and rehabilitation, then it is "authorized under Part B of Title XIX of the Public Health Service Act."
Persons residing in these specialized living arrangements shall be certified by using the same provisions that apply to all other households, with the exception of the special provisions set forth in this section. Also refer to 9372 .
2541.1 Certification Procedures
Resident alcoholics and addicts shall have their eligibility determined as one-person households.
EXCEPTION: Some alcohol and drug treatment and rehabilitation centers, as a plan of treatment, enroll the addicted family member and their children and house them in the treatment center. These children are eligible to receive food assistance as members of the resident alcoholic/addict's food assistance case.
Residents of alcoholic/addict treatment centers shall apply on their own behalf; however, they must be certified through use of an authorized representative who shall be an employee of, and designated by, the nonprofit organization or institution that is administering the treatment and rehabilitation program.
The organization or institution shall receive and spend the food allotment for food prepared by and/or served to the resident household.
2541.2 Processing Standards
Residents of an alcohol or drug addiction treatment center who are entitled to expedited services shall have benefits available no later than 7 calendar days following the date the application was filed. Verification and documentation requirements shall be completed prior to issuance of a second coupon allotment. See procedures for postponement of verification in 1415.1 (4) .
Residents of alcohol/drug treatment and rehabilitation centers who are not eligible for expedited services shall have their applications processed in accordance with normal processing standards (see 1413 ). When normal processing standards apply, verification and documentation requirements shall be completed prior to making an initial determination. See 1322 .
Changes in household circumstances and reviews shall be processed by using the same standards that apply to all other food assistance
Resident households shall be afforded the same rights to notices of adverse action, fair hearings, and lost benefits as are all other food assistance households.
2541.3 Income and Resources - The financial eligibility criteria outlined in 5000 and 6000 apply to households in these special living arrangements:
To determine the shelter deduction for residents of an alcohol/drug abuse facility, any payment that the resident makes which can be identified specifically as a shelter expense shall be considered. Since there is no exclusion or deduction allowed for actual board payments, any single payment for room and board must be reduced by the current maximum monthly food assistance allotment for a one-person household (or, if children are included, the maximum allotment for a household size that is equal to the total number of food assistance household members that are residing in the facility) in order to determine the resident's shelter expense. The payment shall be further reduced by any amounts specifically set aside for purposes other than shelter, such as an income allowance for personal needs. The remainder shall be considered as a shelter expense.
2541.4 Treatment Center Responsibilities
Each treatment and rehabilitation center shall provide the Area EES Program Administrator or his/her designee with a list of currently participating residents on a monthly basis. This list shall include a statement signed by a responsible center official attesting to the validity of the list. The Area EES Program Administrator or his/her designee shall conduct periodic on-site visits to the center to assure the accuracy of the listings and that the center's records are consistent and up-to-date.
The treatment center shall notify the local office, as provided in 9121 or 9122 , of changes in the household's income or other circumstances. The treatment center shall also notify the local office when the household leaves the treatment center.
The treatment center receiving benefits on behalf of a household shall store the Kansas Benefits Card(s) in a secure location.
The organization or institution shall be responsible for any misrepresentation or fraud which it knowingly commits in the certification of center residents. As an authorized representative, the organization or institution must be knowledgeable about the household circumstances and should carefully review those circumstances with residents prior to acting as an authorized representative for the resident. The organization or institution shall be strictly liable for all losses or misuse of food assistance benefits held on behalf of resident households and for all overissuances which occur while the households are residents of the treatment center. Claims shall be established on the system, however, a repayment plan shall NOT be entered for the claim to prevent collecting from the recipient, either through benefit reduction or TOP. A notice of repayment must be sent to the facility, clearly explaining the name of the resident who was overpaid, the reason for the overpayment, and that repayment is expected as soon as possible.
2541.5 Responsibility of Treatment Center When Resident Exits
When a household leaves the treatment center before the 16th of the month, the center shall provide the resident household with one-half of it's allotment.
When a household leaves the treatment center on or after the 16th of the month, the facility has the right to retain all food assistance benefits issued for that month.
NOTE: The rules listed above in 2541.5 (1) and (2) apply regardless of whether the food assistance benefits are available before or after the household's departure.
The treatment center shall note in its records the amount and date food assistance benefits are credited to departing residents.
Once the household leaves the center, the treatment center may no longer act as that household's authorized representative. The center shall, if possible, provide the household with a Change Report Form to report to the local DCF office the household's new address and other circumstances after leaving the treatment center, and shall advise the household to return the form to the appropriate office within 10 days.
When a client leaves an ADA facility with a POS device, and is entitled to all or part of the benefits already deducted from their account, the ADA facility should complete a Food Assistance purchase refund. This will debit the center's daily transactions and credit the client's food assistance benefit account. (Another way for the facility to access the food assistance benefits is to determine a prorated daily amount based on that individuals food assistance benefit, with the facility swiping the card weekly or bi-weekly based on the "cost" of meals for the week. This will reduce the number of refunds that the facility may be required to do.) Facilities that are not authorized as a retailer and who must shop with individual cards will need to carefully use the food assistance benefits to insure that benefits are left in the client's account should they leave the facility before the 15 th .
Instruct the client to call the local office to have the ADA facility removed as their authorized representative when they leave the facility.
2541.6 Agency Responsibility to Report Misuse - The local DCF office shall promptly notify the Economic & Employment Support Policy Section when it has reason to believe that a treatment center is misusing a resident's food assistance benefits. The local DCF office will be notified by the EES Policy Section if the facility is disqualified, if it is determined administratively or judiciously that coupons were misappropriated or used for purposes that did not contribute to a certified household's meals. If FNS disqualifies the facility, the EES Policy Section will notify the local DCF office to suspend the center's authorized representative status for the disqualification period. The local DCF office shall take no action prior to FNS action against the facility other than to establish a claim for overissuance as discussed in 11120 .
2541.7 Agency Action When the Treatment Center is Disqualified or Loses Certification - If the treatment center loses its basic certification from the responsible agency or agencies of the State, its residents are no longer eligible to participate. When FNS disqualifies a treatment center as a retailer and the authorized representative status of the facility is suspended, all residents of the treatment center are ineligible. The residents are not entitled to a notice of adverse action but shall receive a written notice explaining the termination and when it will become effective.
2542 Group Living Arrangements - A group living arrangement is defined as a public or private nonprofit residential setting that serves no more than 16 residents and that is licensed by KDADS, under Section 1616(e) of the Social Security Act. If questionable, the facility must verify it’s nonprofit status (proof they are considered nonprofit by the IRS).
Blind or disabled persons as defined in the Definition of Common Terms section of the Appendix who reside in a group living arrangement as described above may voluntarily apply for the Food Assistance Program. Prior to certifying any resident for food assistance, the worker shall verify that the resident qualifies as disabled as defined in the Definition of Common Terms section of the Appendix and that the group living arrangement is authorized by Food and Consumer Service as a retailer or is licensed by KDADS, including KDADS determination that the center is a nonprofit organization.
NOTE: To determine if an organization is licensed by KDADS, contact the appropriate Area Office licensing specialist. NOTE: Individuals residing in homes or apartments that are paying rent, utilities, HCBS services, transportation, food, etc., to a for profit community service provider are considered living in an institution and are not eligible for food assistance if the facility or community service provider provides more than 50% of the residents meals. This includes situations where prepared meals are served and situations where the residents purchase and prepare meals. Each situation will have to be determined on a case-by-case basis and EES Administration can assist in making a determination if needed.
Persons residing in these specialized living arrangements shall be certified by using the same provisions that apply to all other households, with the exception of the special provisions set forth in this section.
2542.1 Certification Procedures
Residents of group living arrangements shall either apply and be certified through use of an authorized representative employed and designated by the group living arrangement, or apply and be certified on their own behalf, or through an authorized representative of their own choosing. The group living arrangements shall determine if any resident may apply for food assistance on his/her own behalf. The determination should be based on the resident's physical and mental ability to handle his/her own affairs. The facility should be encouraged to consult with any other agencies of the state providing services to the individual residents prior to making a determination. All residents of the group living arrangement do not have to be certified by the same method.
Group home residents applying through use of the facility's authorized representative shall have their eligibility determined as a one-person household. Residents applying on their own behalf or through an authorized representative of their own choosing may apply as a one-person household or for any grouping of residents applying as a household as defined in 4210 . Those certified on their own will have a Kansas Benefits Card issued and they will select their own PIN. If the resident applies through the facility as the authorized representative, the group living arrangement may either receive and spend that resident's food assistance benefits for food prepared by and/or served to the eligible resident or allow the eligible resident to use all or a portion of the allotment on his/her own behalf. Those certified through an authorized representative will have a card issued to the authorized representative for the client. The client may or may not also need a card issued to them. This decision will have to be made on a case-by-case basis with the client and their authorized representative. If the residents are certified on their own behalf, the food assistance benefits may be used to purchase food for meals served either communally or individually to eligible residents, used by eligible residents to purchase and prepare food for their own consumption, and/or to purchase meals prepared and served by the group living arrangement.
NOTE: Facilities with a large food assistance volume may be issued a POS and the facility will use the Kansas Benefits Card and transfer food assistance benefits to the facility's account. For clients in semi-independent living, clients may shop for themselves and use the card at the store with assistance. In some instances, facilities with a smaller volume of food assistance use will use vouchers to transfer food assistance benefits. (To have a POS device or use vouchers, the facility must be authorized by USDA as a retailer.)
2542.2 Processing Standards
Residents of group living arrangements who are entitled to expedited service shall have benefits made available no later than 7 calendar days following the date the application was filed. Verification and documentation requirements shall be completed prior to issuance of a second coupon allotment. See procedures for postponement of verification in 1415.1 (4) .
Residents of group living arrangements who are not eligible for expedited service shall have their applications processed in accordance with normal processing standards (see 1413 ). When normal processing standards apply, verification and documentation requirements shall be completed prior to making an initial determination. Also see 1322 .
Changes in household circumstances and reviews shall be processed by using the same standards that apply to all other food assistance households.
Resident households shall be afforded the same rights to notices of adverse action, fair hearings, and lost benefits as are all other food assistance households.
2542.3 Income and Resources - The financial eligibility criteria outlined in 5000 and 6000 apply to households in these special living arrangements.
To determine the shelter deduction for residents of a group living arrangement facility, any payment that the resident makes which can be specifically identified as a shelter expense shall be considered. Since there is no exclusion or deduction allowed for actual board payments, any single payment for room and board must be reduced by the current maximum monthly food assistance allotment for that size household in order to determine the resident's shelter expense. The payment shall be further reduced by any amounts specifically set aside for purposes other than shelter, such as an income allowance for personal needs. The remainder shall be considered as the shelter expense.
NOTE: The cost of the maximum monthly allotment to be deducted shall be that in effect at the time of certification. The worker is only required to update the allotment amount, if necessary, at the next scheduled review.
2542.4 Group Living Facility Responsibilities
Each group living arrangement facility shall provide the Area EES Program Administrator with a list of currently participating residents on a monthly basis. This list shall include a statement signed by a responsible facility official attesting to the validity of the list. The Area EES Program Administrator or his or her designee shall conduct periodic on-site visits to the center to assure the accuracy of the listings and that the facility's records are consistent and up-to-date.
When the group living arrangement facility is acting as a resident's authorized representative, the facility shall notify the local DCF office, as provided in 9121 or 9122 , of changes in the household's income or other circumstances and of when the household leaves the group living arrangement.
The group living arrangement facility receiving benefits on behalf of a household shall store the Kansas Benefits Card(s) in a secure location.
The organization or institution acting as the authorized representative for residents shall be responsible for any misrepresentation or fraud which it knowingly commits in the certification of center residents. As an authorized representative, the organization or institution must be knowledgeable about the household's circumstances and should carefully review those circumstances with residents prior to applying on their behalf. The organization or institution shall be strictly liable for all losses or misuse of food assistance benefits held on behalf of resident households and for all overissuances which occur while the households are residents of the center.
The group living arrangement facility, either acting as an authorized representative or retaining use of the benefits on behalf of the residents (regardless of the method of application), shall have the responsibility outlined in 2542.6 when the household moves out of the group living arrangement.
2542.5 Residents of Group Living Arrangement
A resident, who has made application on his/her own behalf, shall be responsible for reporting changes to the local DCF office as provided in 9121 or 9122 .
The resident applying on his/her own behalf shall be responsible for overissuances as would any other household.
2542.6 Responsibility of the Group Home, Acting as an Authorized Representative, When a Resident Exits - When a household leaves the facility, the group living arrangement, either acting as an authorized representative or retaining use of the benefits on behalf of the residents (regardless of the method of application) shall have the following responsibilities:
When a household leaves the group living arrangement before the 16th of the month, the facility shall provide the resident household with one-half of it's allotment.
When a household leaves the facility on or after the 16th of the month, the facility has the right to retain all benefits issued for that month. NOTE: The rules listed in items (1) and (2) above apply regardless of whether the food assistance are available before or after the household's departure.
The facility shall note in its records the amount and date benefits are returned to departing residents.
Once the household leaves the group living arrangement, the facility may no longer act as that household's authorized representative. The group living arrangement shall, if possible, provide the household with a Change Report Form to report to the local DCF office the household's new address and other circumstances after leaving the facility, and shall advise the household to return the form to the appropriate local DCF office within 10 days.
2542.7 Action Required When Residents, Who Retained the Use of Their Own Benefits, Exit - When a resident or group of residents, who applied on their own behalf and retain the use of their own benefits leave(s) the group living arrangement, the following rules apply:
If a group of residents have applied as one household, a pro rata share of the remaining benefits shall be provided to any departing member.
The group living arrangement shall, if possible, provide the household with a Change Report Form to report to the local DCF office the household's new address and other circumstances after leaving the group living arrangement and shall advise the household to return the form to the appropriate local DCF office within 10 days.
The household is responsible for reporting the changes in household circumstances.
2542.8 Agency Responsibility to Report Misuse - The local DCF office shall promptly notify the EES Policy Section when it has reason to believe that a group living arrangement facility is misusing benefits. The local DCF office will be notified by the EES Policy Section if the facility is disqualified, if it is determined administratively or judiciously that benefits were misappropriated, or used for purposes that did not contribute to a certified household's meals. If FNS disqualifies the facility, the EES Policy Section will notify the local DCF office to suspend the group living arrangement's authorized representative status for the disqualification period. The local DCF office shall take no action prior to FNS action against the facility other than to establish a claim for overissuance as discussed in 11120 .
2542.9 Agency Action When the Group Living Arrangement is Disqualified or Loses Certification - If the group living arrangement loses its basic certification from the responsible agency or agencies of the state, its residents are no longer eligible to participate. When FNS disqualifies a group home as a retailer and the authorized representative status of the facility is suspended, all residents of the group living arrangement, who are using the facility as an authorized representative are ineligible. However, in this instance, residents of group living arrangements applying on their own behalf are still able to participate if they are otherwise eligible.
2543 Shelters for Battered Persons and Children - Residents of shelters for battered persons and children which provide meals to their residents may voluntarily apply for the Food Assistance Program. Prior to certifying its residents under the special provisions listed in this section, it shall be determined that the shelter for battered persons and children is a public or private nonprofit residential facility. If such a facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered persons and children.
Persons residing in these shelters which serve meals to the residents shall be certified by using the same provisions that apply to all other households, with the exception of the special provisions set forth in this section.
Persons residing in shelters for battered persons and children which do not provide residents with meals may already participate (if otherwise eligible) because under program regulations, they are not considered as residing in institutions. While these shelter residents who are eligible under existing regulations will continue to be eligible to participate, the facility will need to meet the definition of a shelter for battered persons and children, as listed above in the first paragraph, in order for its residents to be eligible for the special provisions of this section.
2543.1 Certification Procedures
Women and children temporarily residing in shelters shall be considered individual household units for the purposes of applying for and participating in the Food Assistance Program. Residents of shelters for battered persons shall apply and be certified on their own behalf or may name an authorized representative of their own choosing as would any other household.
Households residing in shelters for battered persons and children shall be certified for a six-month period because there is a substantial likelihood of frequent and significant changes in income or household status for households in these situations. Refer to 9372 .
Shelter residents who are included in a certified food assistance household which contains the person who has abused them may, nevertheless, apply for and (if otherwise eligible) participate in the Food Assistance Program as separate households. Shelter residents, who are included in such certified households, may receive an additional allotment as a separate household; however, this additional allotment may be received only one time in a month. The following provisions apply in these situations:
The worker shall open a new food assistance case with a new case number for persons who are to be issued a second allotment in a month under this provision or use an existing case number that does not have the abuser as the Primary Applicant. The living arrangement will need updated on the system to allow a second set of benefits to the consumer. See the KEES User Manual for further information on system processing .
The worker shall take prompt action to insure that the former household's eligibility or allotment reflects the change in the household's composition. This should be done by acting on the reported change in accordance with 9121 or 9122 .
Residents who have been certified as the case head and who continue to have access to their share of the food assistance for the current month shall not be issued a duplicate issuance but shall have their case changed to reflect the current circumstances.
2543.2 Processing Standards - Residents of shelters for battered persons and children shall have their applications processed in accordance with the expedited or normal processing standards afforded all other food assistance applicants. See 1413 and 1415.1 .
2543.3 Income and Resources
Shelter residents who apply as separate households shall be certified solely on the basis of their income and resources and the expenses for which they are responsible. They shall be certified without regard to the income, resources, and expenses of their former household.
Resources jointly owned by residents of shelters for battered persons and by members of their former household are to be considered inaccessible to the shelter resident if access to the value of the resources is dependent on a joint owner who still resides in the former household.
To determine the shelter deduction for residents of a shelter for battered persons, any payment to the shelter that the resident makes that can be identified specifically as a shelter expense shall be considered.
Since there is no exclusion or deduction allowed for actual board payments, any single payment for room and board must be reduced by the current maximum monthly food assistance allotment for the number of persons in the household in order to determine the resident's shelter expense. The payment shall be further reduced by any amounts specifically set aside for purposes other than shelter, such as an income allowance for personal needs. The remainder shall be considered as a shelter expense.
2543.4 Issuance and Use of Benefits - Residents of shelters for battered persons and children covered by this section may use their benefits to purchase meals prepared especially for them at a shelter which is authorized by Food and Consumer Services as a retailer or which redeems at retailers as the authorized representative (for food purchases) of the participating household.
2544 Pre-release Applicants - A household which consists of a resident or residents of a public institution(s) which applies for SSI under SSA's Prerelease Program for the Institutionalized shall be allowed to apply for food assistance benefits jointly with their application for SSI prior to their release from the institution. Such households shall be certified in accordance with the provisions of 1413 (4) , 1415.1 , and 1417 , as appropriate.
2550 Comparable Treatment for Penalties/Disqualifications - If a penalty/disqualification is imposed on a household or members of a household for failure to perform an action required under TANF, the agency shall impose the same penalty/disqualification to the Food Assistance Program on the member of the household who failed to comply with the TANF requirements. This provision only applies when a penalty or disqualification (TANF drug testing) is assessed, not when assistance is denied when the individual is an applicant. The individual must be receiving food assistance benefits and TANF at the time of the disqualification in the TANF program to be disqualified from the Food Assistance Program under these provisions.
Failure to comply with TANF work-related requirements, TANF drug testing, and school attendance are the only TANF disqualifications that will apply to the Food Assistance Program. The comparable penalty also applies to persons who are exempt from food assistance work-related requirements per 3230 and fail to comply with a TANF work-related requirement.
2551 Assessing Penalties - The comparable penalty/disqualification shall be applied to the Food Assistance Program only to the individual who failed to comply with the TANF work, drug testing, and school attendance requirement. The penalty shall also apply to persons who fail to comply with a TANF work-related requirement even though the person is otherwise exempt from food assistance work-related requirements. Refer to 3510 . Penalties accrued by a minor who is unable to act in his/her own behalf do not count as a first or subsequent penalty when the minor becomes an adult cash or food assistance recipient.
A timely notice of adverse action must be sent establishing the disqualification period.
NOTE: Refer 3511.2 for explanation of how failure to comply with food assistance work-related requirements affects TANF.
2552 Treatment of Income and Resources and Special Procedures - Persons found ineligible due to this provision shall be treated as excluded household members per 4212.2 .
The remaining household members can continue to receive food assistance benefits while the individual who failed to comply is on a penalty/disqualification. The following special provisions apply to households containing a member who has been penalized ineligible due to the comparable provisions:
2552.1 Work Program Comparable Penalties
Establishing the Penalty - The penalty is established and the person who failed to cooperate with work programs shall be changed from a participating member to an excluded household member on the food assistance case. The penalty periods are the same as for TANF work program penalties: 3 months, 6 months, 1 year and ten years. In addition, special procedures are completed by the system to ensure that households do not receive an unwarranted increase in food assistance benefits following TANF case closure after a penalty. NOTE: This includes penalties associated with failure to cooperate with CSS. The TANF income will still be counted by the system following the CSS failure to cooperate to insure that food assistance benefits do not increase as a result of the failure to cooperate with CSS . The TANF benefit will be reflected as countable income on the food assistance budget for the first month of the penalty period (3 months, 6 months, 12 months and 10 years). The person who failed to cooperate with work programs shall be changed from a participating member to and excluded household member on the food assistance case. See KEESM 4212.2 . If the person reapplies for TANF, the TANF case will be reopened and the person will be changed from an excluded household member to a participating member on the food assistance case effective the month following the minimum penalty period has been served. If the person does not reapply for TANF, a task should be set to re-add the excluded person at the end of the minimum penalty period.
Re-establishing Eligibility - The following provisions apply when re-establishing food assistance eligibility for a person who has been penalized per the comparable provisions of 2550 . Eligibility will be re-established by the system after the fixed time period for the penalty has been served. Excluded persons will be re-added to the food assistance case at the end of the minimum penalty period with no further requirements for food assistance purposes.
2552.2 TANF Drug Testing Comparable Disqualifications - The individual must be receiving food assistance benefits and TANF at the time of the TANF drug testing disqualification to be disqualified from the Food Assistance Program . Thus, a disqualification on food assistance will never be done if the food assistance application is pending at the time of the TANF disqualification. If food assistance is approved before TANF and a disqualification for TANF is applied while the TANF application is pending, a comparable disqualification does NOT apply because the person was not receiving TANF at the time of the disqualification. If, however, FA is approved and TANF is approved and then the disqualification is applied to TANF, it shall be applied to the same individual for food assistance since the individual was receiving benefits for both programs at the time of the TANF disqualification. The comparable disqualification will always apply when both the TANF and food assistance case are in ongoing status. TANF disqualifications for failure/refusal to test, or testing positive will both result in a comparable disqualification for food assistance. Only the person who fails/refuses to test or who tests positive is treated as an excluded household member.. See KEESM 4212.2 . The TANF benefit will be paid to a protective payee during the period of the disqualification. The TANF benefit will continue to be counted as the income of the Primary Applicant on the food assistance case.
Establishing the Disqualification - Disqualification periods vary depending on whether the TANF disqualification is for failure/refusal to test, or for testing positive. Refusal/Failure to test First Refusal/Failure to test - 6 months Second Refusal/Failure to test – 1 year Third Refusal/Failure to test – 1 year(TANF is permanent ineligibility for the person.) Tests Positive First Positive Test – The individual is required to participate in substance abuse treatment and enroll in a skills-based training. Failure to enroll in and complete substance abuse treatment and enroll in and complete a skills-based training will result in disqualification for the individual. If disqualified, the individual may be added back to the case the month after the months of completion of substance abuse treatment and skills-based training. (SEE KEESM 2260.6 ). The maximum disqualification period is 12 months for food assistance. Note: In some instances the individual is not identified for treatment per the DCF contractor. In those situations, the person must complete the approved substance abuse course and skills based training. Failure to complete the substance abuse course will result in a disqualification being imposed (1st Positive test) or continued disqualification. The individual may be added to the case the month after the month of completion. The maximum disqualification period is 12 months for food assistance. Second Positive Test – Individual is ineligible for a minimum of 12 months. For food assistance, 12 months is also the maximum period. Third Positive Test – Individual is ineligible for 12 months. (TANF is permanent)
Re-establishing Eligibility - The individual shall be added to the food assistance case as a participating member as follows: Refusal to Test – after the minimum 6-month (1st failure/refusal to test) or 12-month (2nd and 3rd failure/refusal to test) period as applicable has been served for food assistance, the individual shall be added the first month following the end of the 6- or 12-month period. First Positive Test with Disqualification – If the substance abuse treatment and skills training is completed, the person can be added the month following the month of completion. If not completed by the end of 12 months (from the first disqualification month), then the FA individual shall be added to the food assistance case the first month following the end of the 12-month period. Second/Third Positive Test – The individual is added the first month following the end of the minimum 12-month period. See the KEES User Manual for further information on system processing.
2552.3 School Attendance Penalties - A child, age 7 through 18, receiving TANF cash assistance must be working toward attainment of a high school diploma or its equivalent, including students attending a home school that is registered with the Kansas Department of Education. The entire TANF household shall be ineligible if a child in the home is not enrolled in school. There shall be a comparable disqualification to the corresponding food assistance case, the case head shall be changed from a member to an excluded member on the food assistance case.
The case head will be changed from excluded member to member on the food assistance case effective the month following the month the child is enrolled in school. See 2210 .
2553 Crime Attestation - Individuals convicted of one or more of the following crimes after February 7, 2014, and out of compliance with the terms of their sentence are not eligible to receive Food Assistance.
Aggravated sexual abuse
Murder
Sexual exploitation and other abuse of children
Sexual assault
2600 - RESERVED
2800 - REQUIREMENTS SPECIFIC TO THE CHILD CARE PROGRAM
2810 General Requirements - Any parent, guardian or caretaker of a child who has a need for child care services who resides in Kansas and is able to act on his or her own behalf may be determined eligible for child care for a child from birth through the last month of the eligibility period in which the child's 13 th birthday has been reached. For families whose guaranteed eligibility period is extended due to the addition of another child to the case, eligibility for a child who is 13 years of age may not be extended beyond the month of their 14th birthday unless that child is physically or mentally incapable of caring for him or herself or if the child is under court supervision. They may also apply for child care for children age 13 through 18 if the child is physically or mentally incapable of caring for him or herself or if the child is under court supervision. (Initial eligibility for a 13 year old shall not be established unless the child meets this criteria.) The concepts of simplified eligibility and "prudent person" outlined in 1300 and subsections will be followed when determining eligibility for child care assistance.
The client must have a personal and, for certain categories of child care, a financial need for child care assistance. (See 7540 for financial need criteria.)
2820 Personal Need - To be eligible, the client must have a personal need for child care. Child care needs vary from family to family and should be evaluated on a case-by-case basis. Personal needs of the client may include:
Maintain Employment - Child Care to Maintain Employment. For Income Eligible (Non-TANF) child care, if employment is the reason for child care, the adult(s) must be employed at least 20 hours per week and earning at least the federal minimum wage per hour. See KEESM section 2835 for exceptions. For TANF related child care, there is no minimum number of hours of employment required to qualify for child care.
Work Program Participation - Child Care for Work Program Participation for TANF.
Food Assistance E&T Participation - Food Assistance E&T Participants.
Teen-Parent Education and Training - Child Care for Teen Parents to Complete High School/GED.
Social Services - Child Care for Parents with Crisis.
Post-Secondary Education - Child Care for Employed Persons Also Attending Approved Education/Training .
EHS Partnership - Child Care for persons participating in the Kansas Early Head Start/Child Care Partnership program.
Child Care for Children in Foster Care - Child care is provided by DCF under the social service need reason for any child in foster care, whether in a relative or non-relative kinship placement or placed with a licensed foster family. These families may or may not be receiving a foster care payment from the foster care contractor. Child care is provided by DCF for any of the above reasons when the child is an adjudicated juvenile offender. NOTE: Respite care, which is defined as child care which is provided to allow time away from a child is not considered a personal need and is not paid for through child care funds. NOTE: If a self-employed person who has completed 6 full months of self-employment is not earning the equivalent of the federal minimum wage per hour by the end of the current 12-month eligibility period, child care plans will end and the review will be denied.
The agency may determine there is no personal need when the hours of employment, school or work participation fall within children's school hours; there are individuals in the TANF assistance unit whose needs are met on the basis of their responsibility for caring for the child; or there is another legally responsible person in the home who is available to provide child care.
Examples - The personal need criteria would not be met if a child is attending school during the hours of employment.
The personal need criteria would not be met in situations where the mother of the children is employed, but the father of the children is not employed. The father would be expected to provide care. Staff are allowed discretion in these situations to also account for the father's capability and appropriateness to provide care.
When a grandparent or other non-legally responsible adult is in the home (on the case or not) and is available but unwilling to provide child care to support the personal need established earlier in this section, they are not required to do so. If the grandparent or other non-legally responsible provider is not willing to provide care, child care may be approved for another provider; however, if they are willing to provide care, the grandparent or other non-legally responsible adult in the home (on the case or not) cannot be paid to provide care for the child. (See 7600 .)
Examples - Child lives with mother and step-father. The mother is employed and is requesting child care to support her employment. The step-father does not wish to provide care while the mother is at work. He is not required to do so, and child care can be approved based on the mother's employment if both the mother and step-father are employed at least 20 hours per week.
Child lives with their grandmother and grandfather. Neither adult is employed, but they are requesting child care. This would be seen as respite care, and would not meet the personal need criteria for the family. Child care would not be approved.
See the KEES User Manual for further information on system processing.
2830 Types of Child Care - Child care recipients are coded with one of the following types of child care or payment codes. Each type has specific eligibility guidelines and requirements.
2831 TANF Child Care - TANF Child Care is used when any member of the nuclear family (as defined in KEESM 4410 ) receives TANF (including the Work Incentive payment).
TANF Child Care may be used for the following reasons:
Work Program Participation - TANF recipients needing child care to participate in Work Programs. This includes Tribal members who are subject to requirements under Indian Tribal TANF programs if not furnished by the Tribal Child Care program. Child care which is appropriate in meeting any special needs of Tribal participants must be made available on an equitable basis.
Maintain Employment - TANF recipients who need child care for employment. Since participation in on-campus Job Corps programs is considered employment, TANF Child Care is available for TANF-eligible Job Corps participants.
Social Services - TANF recipient families who have a temporary emergency need. This is primarily based upon the parent/caretaker’s need and will be authorized for twelve (12) months. Twenty-four (24) hours of care per day may be available for a period not to exceed 30 days dependent upon the situation. Licensed providers need to have a written authorization for an exception from the Kansas Department of Health and Environment, Child Care Licensing to provide more than 18 hours of care per day by the same person. Children in families with or without open social service cases may be eligible. Qualifying social service reasons would be: Parents in Crisis: Parent hospitalized or otherwise temporarily unable to provide adequate care for the child. This could be inpatient or outpatient, for physical health, mental health or substance abuse treatment. There is no other adult to care for the child. Family in the process of DCF Intake and Assessment through Child Protective Services. Family receiving services through a family preservation contractor or DCF Prevention and Protection Services (PPS) Social Worker. This includes when a child who was previously in foster care has been placed back with their family and is still working with a social worker, unless they are eligible for child care under the Maintain Employment need reason. Children in Foster Care. Child care for these families will not be limited to 12 months as with other social service child care. Children whose caretaker has placed them with a “Safe Families” due to a family crisis, thereby avoiding placement of the children in Foster Care. These children are not in Foster Care. Child care for these children must be needed due to the employment or education/training of the adults in the “Safe Families”. A completed “Child Care for Children in Safe Families or Relative or Kinship Foster Care” form 1627b must accompany the application for child care. This form is to be completed by a representative of the Safe Families agency. Child care for these families will not be limited to 12 months as with other social service child care. Parents Performing Essential Functions during a Disaster or Emergency. When a disaster or emergency has been declared by Kansas Government and child care is needed for parents to continue performing essential functions, eligibility for Child Care Assistance may be granted under the social service need reason. When a disaster or emergency has been declared, specific guidance will be provided in a separate Policy Memo for each event due to the limitations of funds and variations in the number of parents who may be eligible. In addition to an application, reasonable verification that the parent performs an essential function that was approved in the Policy Memo will be required.
The Social Service child care reason would not be used for:
Respite care .
SSI children.
Children over the age of 13 at the time of initial eligibility. The appropriate reason would be used based on the need for care.
Disabled children. The appropriate reason code would be used based on the need for care.
A Request for Social Services Child Care form (ES-1627 or ES-1627b) is required and must be signed by the EES/SS Program Administrator or designee in the respective DCF Service Center. At the end of the twelve (12)-month timeframe, the family must meet another of the qualifying reasons for child care in order to continue receiving child care assistance.
EHS Partnership - Child care is available for families participating in the Kansas Early Head Start/Child Care Partnership program. EES staff will determine if the family has any outstanding cooperation or fraud issues, but all other aspects of eligibility shall be determined by the Early Head Start grantees based on Early Head Start eligibility standards.
See the KEES User Manual for further information on system processing.
2832 Reserved
2833 Reserved
2834 Reserved
2835 Income Eligible (Non-TANF) Child Care - This type of child care is available to child care nuclear families (as defined in KEESM 4410 ) where no one receives TANF.
Income Eligible Child Care may be used for the following reasons:
Work Program Participation - This reason code is used for former TANF recipients who need child care when their TANF case has closed but will continue to receive provider services and other support services through Work Programs. During the remaining child care eligibility period, no minimum number of hours of employment is required, nor is a family share deduction assigned to the case. If new application for child care is made within the first two months following the loss of TANF eligibility, the minimum hours of employment are not required in order to be approved for a 12-month eligibility period with no family share deduction. However, at the time of the next review, they must be employed a minimum of 20 hours per week (average) or meet another approvable need reason to be approved for a new 12-month eligibility period. See 3410 .
Food Assistance E&T Participation - To allow food assistance work registrants to participate in any Food Assistance work program in approved coun ties. S ee 3100 . Good cause shall be given to food assistance work registrants for failure to participate if they can demonstrate that child care is unavailable. The client must be advised of this exception. No family share will be assigned to food assistance work program participants.
Maintain Employment - A primary purpose of the child care program is to support employment for adults employed an average of at least 20 hours per week and earning at least the federal minimum wage per hour. All adults must be earning at least the federal minimum wage per hour for either regular employment or self-employment, and for tipped professions, the adult’s combined wages plus tips must equal at least the federal minimum wage per hour. All adults included on a child care case must meet the 20 hour per week work requirement unless they are not capable of meeting it due to a documented physical or mental condition. For post-secondary education students whose education plan has been approved, child care may also be provided with this reason for hours of actual participation in the federal Work Study Program if the student is participating at least 15 hours per week (average) in the Work Study Program or a combination of the Work Study Program and private employment and does not need child care for their school hours. If child care is needed for the student’s school hours, the Post-Secondary Education reason code should be used (see item 4 below). Child care may also be provided for activities directly related to the hours of work and retention of the client's current employment. Examples include but are not limited to: child care for administrative leave for jury duty, ongoing mandated drug and alcohol counseling, required in service training, and sick leave when the parent-guardian- caretaker is too ill to care for the child. A suggested guideline is to approve child care for such activities for no more than 10 days. Individuals who are self-employed must be working an average of at least 20 hours per week with net income equivalent to the federal minimum wage per hour. If working an average of at least 20 hours per week, individuals beginning new self -employment may be approved for child care with net earnings equivalent to less than the federal minimum wage. However, when the review is completed at the end of the 12-month eligibility period, if they are not earning the equivalent of the federal minimum wage per hour at that time, child care will be denied. Former TANF recipients who need child care for employment when their TANF case has closed and earned income is a factor in the closure shall receive child care under Income Eligible Child Care and the Maintain Employment reason code without meeting the minimum work requirement and without a family share deduction for the remaining child care eligibility period. If new application for child care is made within those two months following TANF closure, former TANF recipients would not be subject to the 20-hour-per-week work requirement in order to be approved for child care. However, when the case is reviewed at the end of the 12-month eligibility period, the adult(s) must be employed a minimum of 20 hours per week or meet another approvable need reason . For child care cases in which the only child(ren) receiving benefits is the child(ren) of a minor parent who is working on completion of high school or obtaining a GED, the adult parents included on the cases are not required to meet the 20-hour-per-week work requirement in order to qualify for child care benefits. Job Corps participants are not required to meet the 20-hour work requirement.
Post-Secondary Education - Child Care may be provided under this reason for persons needing to enhance current employment and/or earning potential through education and/or training. See Appendix E-11, Education and Training Assistance Aid. The following lists basic criteria for approving education and/or training under this subtype: Post- secondary education must be expected to lead to a degree or certificate. DCF will not provide child care assistance for clients to complete a degree or certificate program unless their goal is employment in their field of study. Child care may be allowed for school hours and 1 hour of study time each week for each class if needed. (Example: A student may be taking five classes for 15 credit hours. Five hours of study time per week could be authorized). DCF will not provide child care for the pursuit of a second associate’s degree or a second bachelor’s degree. Child care will not be allowed for the pursuit of a degree higher than a bachelor’s. The client must be engaged in paid employment for a minimum of 15 hours per week. If self-employed, child care plans shall be terminated at the end of the current eligibility period if the client has been self-employed for at least 6 months and is not working a minimum of 15 hours per week and earning the equivalent of the federal minimum wage per hour. To find the current minimum wage click this link, https://www.dol.gov/general/topic/wages/minimumwage , then scroll down and click on ‘What is the Minimum Wage?’ If the post-secondary student is participating for more than 15 hours per week in an unpaid internship for which college credit is given, those hours over 15 may be counted toward the 15 hours per week that the student is required to be employed. Education/Training shall be skill specific (such as VoTech/Certificate programs) and/or create greater earning potential for the client upon completion. The client must maintain a 2.0 cumulative GPA on a 4.0 scale or its equivalent in another grading system. Grades/progress shall be verified within 30 days of the end of each term. Supervisory approval is required for plans with more than 240 hours per child. (Relative providers are limited to 215 hours per child.) A Statement of Understanding, ES-1640 form must be completed and signed by the client and received by the worker prior to approval of education/training child care hours. Non-receipt of the Statement of Understanding shall not delay eligibility determination and/or plan authorization for employment. DCF will provide child care for the pursuit of any degree or certification if the occupation has at least an average job outlook listed in the Occupational Outlook Handbook on the website of the US Department of Labor, Bureau of Labor Statistics ( http://www.bls.gov/ooh/a-z-index.htm#C ). For occupations with less than an average job outlook, educational plans will require approval of an EES supervisor (using form ES-1640 Statement of Understanding). Child care may also be approved if the student provides verification of a specific job offer that will be available to them upon completion of their program. Supervisory approval is not required if the student provides verification of such a job offer. Child care for post-secondary education will be allowed for a lifetime maximum of 24 months per adult. Those 24 months do not have to be consecutive. Note: In a two-parent/adult household, child care would not be allowed if both parents/adults are attending a formal education or training program at the same time. The household may choose which one of the parents/adults is participating as a post-secondary student. The other parent/adult must meet another approvable criteria for child care subsidy. For tracking purposes, when a client successfully completes their approved educational program, an ES-1640a Educational Plan Completion Tracking form must be completed and sent to the Child Care Subsidy Program Manager in EES Administration. For clients who have been approved for employment and education/ training and subsequently lose employment with good cause as defined in 3530 , child care plans may continue for education/training through the month following the month the employment is lost. Clients should be reminded that employment is an eligibility criteria and should be encouraged to obtain employment as soon as possible.
Social Services - Income Eligible (Non-TANF) recipient families who have a temporary emergency need. This is primarily based upon the parent/caretaker’s need and will be authorized for up to twelve (12) months except as noted below. Financial eligibility tests including income and resources are waived for families using this need reason except as noted below and there will be no family share deduction assessed. Twenty-four (24) hours of care per day may be available for a period not to exceed 30 days dependent upon the situation . Licensed providers need to have a written authorization for an exception from the Kansas Department of Health and Environment, Child Care Licensing and Registration to provide more than 18 hours of care per day by the same person. Children in families with or without open social service cases may be eligible. Qualifying social service reasons would be:
“Parents with Crisis” : Parent hospitalized or otherwise temporarily unable to provide adequate care for the child. This could be inpatient or outpatient, for physical health, mental health or substance abuse treatment. There is no other adult to care for the child . Family in the process of DCF Intake and Assessment through Child Protective Services. Family receiving services through a family preservation contractor or DCF Prevention and Protection Services (PPS) Social Worker . This includes when a child who was previously in foster care has been placed back with their family and is still working with a social worker, unless they are eligible for child care under the Maintain Employment need reason. A completed “Request for Social Service Child Care” form ES-1627 is required.
Juvenile offenders in the custody of the Juvenile Justice Authority when the foster parent is employed and needs child care. The foster parent will need to apply at the local DCF Service Center. The foster parent will be the Primary Applicant on the case. A completed “Request for Social Service Child Care,” form ES-1627, and a copy of the journal entry as documentation of the child’s status will be given to the foster parent by designated JJA-contracted staff and must be retained in the DCF case file along with the application.
Children in Foster Care. Child care for these families will not be limited to 12 months as with other social service child care. A request for Foster Care Child Care may come via the ES-3100FC , the ES-3100 accompanied by an ES-1627b , or an ES-1512FC
Children whose caretaker has placed them with a “Safe Family” due to a family crisis, thereby avoiding placement of the children in Foster Care. These children are not in Foster Care. Child care for these children must be needed due to the employment or education/training of the adults in the “Safe Family”. A completed “Child Care for Children in Safe Families or Relative or Kinship Foster Care” form 1627b must accompany the application for child care. This form is to be completed by a representative of the Safe Families agency. Child care for these families will not be limited to 12 months as with other social service child care.
Parents Performing Essential Functions during a Disaster or Emergency. When a disaster or emergency has been declared by Kansas Government and child care is needed for parents to continue performing essential functions, eligibility for Child Care Assistance may be granted under the social service need reason. When a disaster or emergency has been declared, specific guidance will be provided in a separate Policy Memo for each event due to the limitations of funds and variations in the number of parents who may be eligible. Any financial eligibility tests applicable for these families will be outlined in the Policy Memo. In addition to an application, reasonable verification that the parent performs an essential function that was approved in the Policy Memo will be required.
If the foster parent is also applying for child care subsidy for other children in the household, the Maintain Employment reason code will be used for those children. A family share deduction will not be determined for a household when any child is using the “Social Service” need reason.
The Social Service child care reason would not be used for :
Respite care . SSI children. Children over the age of 13. The appropriate reason code would be used based on the need for care. Disabled children. The appropriate reason code would be used based on the need for care.
A Request for Social Services Child Care form (ES-1627 or ES-1627b) is required and must be signed by the EES/SS Program Administrator or designee in the respective DCF Service Center. At the end of the twelve (12)-month timeframe, the family must meet another of the qualifying reasons for child care in order to continue receiving child care assistance.
Teen Parent – Education and Training - Child Care is available for Income Eligible (non-TANF) teen parents needing child care to complete high school or obtain a GED. Eligibility and the family share deduction shall be determined by a means test using the non-exempt income of the teen parent, the other parent (biological or adoptive) of the teen parent’s child who also lives in the home and the teen's children. An application must be completed. If the other adult parent (biological or adoptive) of the teen parent’s child lives in the home, they may complete the application and be the Primary Applicant. The guidelines below are to be followed when a teen parent is a minor or an adult. Minor: If the teen parent is under the age of 18, the only parent of the child in the home and not determined able to act in their own behalf, the teen's parent-guardian-caretaker should be listed as the Primary Applicant on the case and will be included in the family composition count, although their income and resources are not used in the means test. The Primary Applicant is not required to meet the 20 hour per week work requirement in these situations. Adult: If the teen is 18, 19 or determined able to act in their own behalf, the teen or other adult parent (biological or adoptive) of the teen parent’s child who also lives in the home may be listed as the Primary Applicant. The teen’s parent-guardian caretaker should not be included on the case. Teen Parent – Education and Training child care may also be provided for summer breaks if the teen parent is employed and plans to return to high school in the fall. However, if a minor teen parent drops out of high school with no intention of returning and then needs child care for employment, all members of the nuclear family are included in the household and all nonexempt available income is considered when determining initial eligibility and the family share deduction. The Maintain Employment reason code would be used in this situation. When a teen parent requires child care for both employment and education/ training purposes, the Teen Parent – Education and Training reason code should be used. The Teen Parent – Education and Training reason code should be used if the teen is in high school/GED and employed even if child care is only being asked for the hours of employment. When child care is needed for employment only, the Maintain Employment reason code should be used. If the teen parent turns 20, child care under this reason code may continue for the completion of the school term, as long as the plan was approved prior to age 20. If the teen parent turns 20 while completing the GED, child care under this reason code may continue for up to nine months past their 20 th birthday as long as the plan was approved prior to age 20. An employed teen parent who is working on completion of a high school diploma or GED is not required to meet the 20 hours per week employment requirement in order to qualify for child care benefits for school hours or employment hours. Teen parents enrolled in high school are required to make passing grades or adequate progress as established by the educational institution.
EHS Partnership - Child care is available for families participating in the Kansas Early Head Start/Child Care Partnership program. EES staff will determine if the family has any outstanding cooperation or fraud issues, but all other aspects of eligibility shall be determined by the Early Head Start grantees based on Early Head Start eligibility standards. No family share deduction will be assigned to families in which any of the children requesting child care assistance are participating in the partnerships.
Income Eligible Child Care recipients whose income falls below 100% of the federal poverty level are not assigned a family share deduction. All other Income Eligible Child Care recipients are assigned a family share deduction each month, except as noted in 1, 2, 5, and 7 above. The family share deduction, which is used to reduce the monthly benefit, is based on the size of the family and the family’s countable gross income. (Refer to the current Monthly Family Income and Share Deduction Schedule for Child Care Services, Appendix Item F-1 .) However, the family income may not exceed 85% of the current State Median Income for eligibility. The family share deduction is redetermined at review or may be reduced earlier if a reported change results in a decreased family share deduction. Reported changes that would increase the family share deduction will not be acted on until the next review.
2836 Reserved
2840 Priorities for Child Care Services – The agency has established the following priorities for families receiving child care assistance:
Priority Code #1 - Families participating in Work Programs who are receiving TANF or food assistance, and Tribal TANF recipients.
Priority Code #2 - Families receiving child care for a qualified Social Service reason.
Priority Code #3 - Families no longer eligible for TANF transitioning to employment whose income is at or below 85% of the State Median Income.
Priority Code #4 - Teen parents completing high school/GED.
Priority Code #5 - Families who claim to be homeless (self-declaration is accepted) and need child care to maintain employment or participate in an approved educational plan.
Priority Code #6 - Employed families whose income is at or below 85% of the State Median Income .
2850 Job Corps - This section contains policies and procedures regarding parents or caretakers participating in the Flint Hills CDC Solo Parent Program or other Job Corps program.
2851 Eligibility and Payment Coding -
Parents or caretakers in the Solo Parent program are required to complete the ES-1611 "Request for Child Care Services". NOTE: These parents eventually complete an ES-3100 application, if they remain on campus. Participants in other Job Corps programs are not required to complete the ES-1611, but will complete an ES-3100 application.
The first day service is provided to the child by the Flint Hills Job Corps Child Development Center is the date of eligibility for child care. This is not applicable to other Job Corps programs.
Benefits for child care are authorized through the eligibility system. The following Child Care Types and Need Reasons for Child Care values apply:
Participant Child Care Type Reason Code for Child Care TANF TANF (no family share) Maintain Employment Any Job Corps parents or caretakers who are not receiving Kansas TANF for any reason Income Eligible (possible family share) Maintain Employment * Solo parents or caretakers who leave Job Corps prior to completing an ES-3100 application Income Eligible (no family share) Maintain Employment
2852 Work Programs - See 3310.1 (1) .
2860 Kansas Early Head Start/Child Care Partnership - This section contains policies and procedures regarding parents or caretakers participating in the Kansas Early Head Start/Child Care Partnership program.
2861 Eligibility and Payment Coding -
Parents or caretakers in the Kansas Early Head Start/Child Care Partnership will complete an ES-3100 that will be turned in with a referral form from Early Head Start indicating that they are participating in the program. Early Head Start will indicate on the referral that they have completed the financial and non-financial test used to determine eligibility for the program using Early Head Start standards.
The eligibility worker will need to determine cooperation with and referral to child support services as a condition of their eligibility for child care subsidy. The eligibility worker will also ensure that there are no outstanding noncooperation issues with fraud investigations.
Benefits for child care are authorized through the eligibility system. The following Child Care Types and Need Reasons for Child Care values apply:
Participant Child Care Type Reason Code for Child Care TANF TANF(no family share) EHS Partnership Parents or caretakers who are not receiving Kansas TANF for any reason Income Eligible (no family share associated to KEHS/CC Partnership participating child families) EHS Partnership
2900 - OTHER PROGRAM REQUIREMENTS
2910 Third Party Resources - A third party is an individual, institution, corporation, public or private agency (other than the applicant/ recipient or the Department of DCF) who is or may be liable to pay all or part of the medical costs of a recipient that otherwise would be paid through the medical program.
Individuals eligible for cash assistance will be informed that they have the responsibility to utilize all available medical resources and to inform the agency of any third parties which may have a legal obligation to assume responsibility for payment of any or all medical expenses. (Examples are Medicare and other health insurance.) Refer to 2120 for the eligibility factor related to cooperation and 2912 regarding cooperation with HIPPS.
Third party liability can be considered a resource to the applicant/recipient in the sense that it is or may be available to meet particular medical expenses, but is not considered against allowable non-exempt resource standards. In addition, eligibility may be denied or terminated for failure to cooperate in identifying and pursuing third party resources in accordance with 2120 or in cooperation with the HIPPS process in accordance with 2912 .
The local DCF office has the responsibility to ascertain and document legal liabilities of third parties (e.g., private or group health insurance coverage, Medicare, VA, etc.) or of pending law suits which might establish such a liability.
2911 Reserved
2912 Health Insurance Premium Payment System (HIPPS) - Based on federal law, States are permitted to purchase employer-based health insurance for all clients who have access to such coverage and if it is determined to be cost effective. This includes "COBRA" continuation coverage which allows for continued health insurance coverage through a person's former employer. If it is known such coverage exists for an individual, the case is to be referred as indicated in item 2912.1 below.
This optional provision has been adopted in Kansas and applies to both Medicaid and MediKan clients except those eligible only under SOBRA provisions. It is not applicable to CHIP families. Thus all employed TANF recipients are impacted. Families receiving coverage only under SOBRA or CHIP are not to be referred. In addition, the requirement also affects persons who are legally responsible for a recipient but who are not eligible or for whom assistance is not requested (i.e., a noneligible parent or spouse such as an excluded stepparent). It is not, however, applicable to absent parents currently providing coverage for their dependents. However, if there is coverage available, but the absent parent is not currently providing such coverage, the case should be referred to the HIPPS unit.
2912.1 Impact on Eligibility - As mentioned previously, the client must cooperate in providing information to complete the form as well as enrolling for and retaining employer health insurance coverage that has been determined cost-effective. Per 2124 , failure to do so in either the cash or medical programs would result in ineligibility for the affected individual. That individual would be the person who is employed.
For TANF purposes, if the individual is a parent or other caretaker, only that individual would be rendered ineligible.
There is a potential for good cause to be granted in some instances. As situations become known that may involve good cause, they are to be referred to KDHE-DHCF Policy.
3000 Employment Services
3000.1 Purpose - The Employment Services team provides family centered, client driven services with the following goals:
Provide the opportunity for clients to expand their skills and knowledge to maximize income potential,
Encourage the formation of stable families by empowering parents through self-sufficiency,
End client dependency on government support by promoting job preparation and work and
Provide support services that enhance the client’s ability to obtain and maintain employment.
Employment Services will accomplish these goals by:
Helping current and former Employment Services clients retain their jobs
Supporting current and former clients in reducing the amount of time spent between jobs
Helping current and former clients advance in their jobs by providing access to training and education opportunities needed for career advancement
Assisting current and former clients in accessing benefits for which they are eligible, including food assistance, medical coverage, utility assistance, and child care assistance.
The following beliefs are integral for career navigator and client success:
People have the capacity to progress, succeed, grow, and do well in life.
People are the experts on their lives and have voices, choices, needs, strengths, and life stories.
We believe in taking a holistic approach by addressing the needs of and setting goals with the full family.
We believe in coordinating equitable access to the systems and structures that are necessary for families to thrive economically and socially.
The career navigator and the client will work in collaboration to identify and achieve the agreed upon outcomes.
3100 WORK REQUIREMENTS
Any adult member of the household who is a fugitive felon, probation or parole violator, disqualified for a fraud conviction, or an ineligible non-citizen is ineligible for employment services.
In addition to participating in assigned activities, clients are expected to:
Report and maintain newly acquired or current employment
Attend and participate in all classes, groups, and appointments as scheduled
Provide written verification of information requested by the career navigator
Address problems, barriers and limitations encountered during participation with career navigator and work to resolve these issues
Participate in good cause determinations at any point non-compliance occurs
Provide documentation of all activities, including job contacts if required locally.
3100.1 Work Requirements for Applicants
TANF Applicants During the initial interview the EES eligibility worker will discuss: Cooperation in employment service requirements, and The need for domestic violence services. Applicants who identify as victims of sexual harassment or survivors of domestic violence, sexual assault or stalking and indicate they cannot safely participate in other work activities will be referred to the Domestic Violence/Sexual Assault (DV/SA) provider unless they state they do not want DV/SA services. The eligibility worker will notify the career navigator, in collaboration with the client, if a referral is made to the DV/SA provider. TANF applicants who are mandatory employment service participants are required to complete and sign the Self-Assessment Form (E-6), complete the online Employment Services orientation tutorial ( http://content.dcf.ks.gov/SD/WPOHTML ), actively seek employment, and meet all work-related requirements during the application process, unless they are exempt (See 2251 ) or good cause as defined in KEESM 3530 is established. See Section 3330.9 for special rules regarding TANF clients who have experienced sexual harassment, domestic violence, sexual assault, or stalking. The MFU will not be eligible for TANF benefits until documentation has been provided that all employment services mandatory participants have completed both the self-assessment and the tutorial (see 2121 ). Mandatory disqualified members (drug felons, refused SBDT, and failed SBDT) residing in eligible TANF households will be contacted by Employment Services and given information about employment services opportunities, community support services and/or vocational rehabilitation services. TANF time limits will be explained and an opportunity to enroll in employment activities will be offered. No penalty will be assessed if the disqualified member chooses not to participate. Exempt TANF applicants/clients who volunteer may be served with employment services although mandatory clients take precedence. All TANF adults who are exempt from employment services requirements, due to being needed in the home to care for a disabled household member, will be referred to employment services and given the opportunity to volunteer. Information about employment service opportunities, community support services and/or vocational rehabilitation services will be provided. TANF time limits will be explained and an opportunity to enroll in employment activities will be offered. No penalty will be assessed if the exempt adult chooses not to participate.
Food Assistance Employment and Training (E&T) Applicants Each Food Assistance household member, ages 16-59, who is not exempt from work requirements is required to register for work. See work related exemptions in 3200 and 3220 . All Food Assistance applicants aged 18 to 59 years without children on the food assistance case and no longer in high school must be screened and, when appropriate, referred to the Food Assistance Mandatory Employment and Training (E&T) program.
Eligibility staff must screen an individual for appropriateness for mandatory E&T at applications, recertification, or when a change occurs prior to making a referral to determine if they meet a Work Registrant and/or ABAWD exemption. If they do not meet an exemption, they must be screened to determine if it is reasonable for them to participate in a mandatory employment program and if there is an available activity in the program.
Applicants meeting a Work Registration and/or ABAWD exemption are exempt from Food Assistance Mandatory Employment and Training (E&T). See KEESM 2521 , 3210 and 3220 .
If an eligibility worker determines an applicant cannot work or successfully participate in 30 hours per week of Food Assistance Mandatory E&T employment activities, prudent person principles will be used to screen the applicant as not appropriate for Food Assistance Mandatory E&T. See KEESM 3340 for activities. When an applicant is screened out, this must be documented in the case file.
Food Assistance applicants and all adult household members who are not exempt from work requirements must register for work and be read the Consolidated Work Requirements form Appendix E-26 . See KEESM 2527 for the definition of a Work Registrant.
Food Assistance applicants and all adult household members who are not exempt from or screened out of Food Assistance Mandatory E&T must be read the Consolidated Work Requirements form Appendix E-26 . See KEESM 2521 , 3310 and 3320 for exemptions.
3100.2 Work Requirements for Recipients
TANF Recipients
Cli ents who receive both TANF and food assistance will meet work related/self-sufficiency requirements by participating in the TANF Employment Services program.
Following approval of TANF and prior to completion of the Self-Sufficiency Agreement ( Appendix E-8), individuals should be involved in appropriate activities. The complete assessme nt is expected to oc cur within 90 days of the approval of TANF.
Client will continue to job search until they meet with the career navigator to develop a self-sufficiency agreement. A transportation allowance to support job search efforts may be issued until the recipient meets with the career navigator and a new activity assignment is determined. Further assessments may be administered as determined necessary by the career navigator.
Individuals who are determined to be ready for work should be assigned to appropriate activities. Assignment to such activities should be client directed and based on the individual client’s skill level, situation and needs.
All TANF adults who are exempt from Employment Services program requirements, due to being needed in the home to care for a disabled household member, will be referred to employment services and given the opportunity to volunteer. Information about employment service opportunities, community support services and/or vocational rehabilitation services will be provided. TANF time limits will be explained and an opportunity to enroll in activities will be offered. No penalty will be assessed if the exempt adult chooses not to participate.
Food Assistance Mandatory Employment and Training (E&T) Recipients Work Registrants 18-59 without children on the food assistance case, who are not exempt, must participate in the Food Assistance Mandatory E&T program for at least 30 hours per week. If a food assistance recipient reports a loss of their work requirement exemption and/or changes to the household circumstances, the Consolidated Work Notice will be generated and mailed through KEES, and the Appendix E-26 must be verbally reviewed with the individual. See KEESM 3230.2 and 2527 . If a recipient reports a possible Work Registration and/or ABAWD exemption to a career navigator, the career navigator will report that information to eligibility staff and close the Mandatory E&T program. If the individual is exempt from ABAWD due to being 55 or older, the individual must meet an exemption under work related exemptions per KEESM 3220 or be screened out based on not being a good fit to be exempt from Mandatory E&T. If the client reports a change in circumstances that makes participation in the Mandatory E&T program unreasonable, the career navigator will report that information to the non-compliance coordinator who will screen the client for participation.
3110 Participation -
3110.1 TANF Participation Rate Requirements - Although participation is a major consideration, in some instances an activity that does not count as participation may be utilized because it best addresses the client's barriers or strengths. Clients with disabilities must be assigned to and engage in work related activities to the maximum extent consistent with their abilities.
States are required to meet annual participation rates with respect to all TANF families that include a work-eligible individual. Each DCF service region must work toward achieving the 50% all families work participation rate and a 90% two-parent work participation rate. These participation requirements are specific to TANF and do not apply to Food Assistance E&T.
Definition of Work Eligible Individual - A work eligible individual is anyone whose participation in work activities contributes to the calculation of the work participation rate. A client is not a work-eligible individual if they are: an adult providing care for a disabled family member who is in the home; an adult participating in tribal work programs; a minor parent and not head of household; a minor parent and not the spouse of the head of household; a non-citizen who is ineligible to receive assistance due to their immigration status; or a recipient of SSI or SSDI (by state option). A work-eligible individual is a client who does not meet any of the categories listed in 1.a. and is: an adult receiving TANF; a minor parent head of household receiving TANF; the spouse of a minor parent head of household receiving TANF; or a non-recipient parent living with a child receiving TANF.
Kansas expects participation in assignments that best address individual family needs. To meet the federal work participation rules, minimum weekly assignments are 30 hours in one parent households where the youngest child is 6 years of age or older or 55 hours in two parent households (35 hours per week if federally funded child care subsidies are not used) and the maximum assignment is 40 hours per week per individual.
NOTE: Single parent families with a child under age 6 meet the federal participation requirement if the parent is engaged in work or primary work activities for at least 20 hours per week. Up to 30% of the total TANF clients meeting the work participation requirement may be in the Vocational Education activity.
Allowable activities that count toward the participation rate are divided into "primary" and "secondary" activities. TANF clients must be assigned to 20 hours per week in primary activities and an additional 10 hours per week of either primary or secondary activities to meet Federal participation requirements. The ES career navigator will meet with each client to develop a Self-Sufficiency Agreement based on the client's individual strengths and goals. The agreement will define the number of weekly hours of participation to best help the client achieve employment and the maximum level of self-sufficiency.
Definition and Special Rules for Two-Parent Families - The two-parent work participation requirement applies to TANF households in which a child with an Active status has both parents (biological or adoptive) in the home and neither of the parents is prevented from employment. The following situations are considered two-parent households: one or both parents are age 60 or over; one parent is a minor and has been emancipated; or other non-mutual children are in the family group. The following situations do not meet the two parent definition and will not be required to meet the two parent family participation criteria: one or both parents are ineligible (e.g., ineligible immigrant) or are verified disabled by a third party (e.g. medical or mental health provider, Social Security, Vocational Rehabilitation, Veteran's Administration) and unable to participate in Employment Services. both parents are minors; boyfriend/girlfriend situations where one parent is under age 18 and not emancipated; one of the adults is a cohabiting partner which is a boyfriend/ girlfriend and there are no mutual children between the two adults; or both parents are in the home, but the only mutual child is unborn. To meet the Federal work participation rate: both parents must participate in a combined total of 55 hours per week, 50 hours of which must be in primary activities if the family receives federally funded child care subsidies, or one or both parents could be assigned a combined total of 35 hours per week (30 hours of which must be primary activities) if the family does not receive federally funded child care subsidies. Example of an appropriate 35 hour assignment: The father is employed 35 hours per week, the family has one vehicle and the mother stays home to provide care for four children. The career navigator should advise the client about the different work participation possibilities for addressing the family's specific situation and meeting the federal work participation requirement. The client and the career navigator will develop the plan that best addresses the needs of the family. Importance of System Coding: The following coding is critical in assuring the State correctly reports the number of two-parent families: If one or both parents is disabled, the Medical Condition page will need to be updated. If two adult TANF recipients on a case are both coded as parent for one or more children , the system will regard this case as a two-parent family for federal reporting purposes. NOTE: Some two-adult households do not meet the two-parent definition. For instance, there may not be a mutual child or the only mutual child is unborn. These two-adult households are required to participate 30 hours per week. If there is a child under the age of 6, at least 20 of those hours are to be completed by one adult. If there is no child under the age of 6, all 30 hours must be completed by one adult to meet the federal participation requirement.
Special Rules for Households with Teen Parents - A teen parent is defined as a pregnant or parenting person under age 20 who does not have a high school diploma or GED. For work program participation requirements, a teen parent continues to be considered a teen parent during the month he or she turns 20. All TANF teen parents under age 20 without a high school diploma or GED meet the participation requirement if the teen is satisfactorily participating in high school or a GED program. The hours for satisfactory attendance in a GED program are the equivalent of the hours offered by the local GED program unless the client has other limiting factors that hinder participation. In addition, TANF teen parents who are 18 or 19 without a high school diploma or GED, will meet the participation requirement if the teen is participating in the Education Directly Related to Employment activity for ABE, ESL, or REM for a minimum of 20 hours per week. Teen parents are provided with case management services and assigned to activities based upon their individual needs. NOTE: Teen parents in a two-parent family are subject to two-parent participation requirements. Teen-parent status takes precedence in determining what is considered as a primary activity for that individual.
3110.2 Food Assistance Mandatory Employment and Training (E&T) Participation Rate Requirements - Work registrants 18-59 without children on the food assistance case and no longer in high school, who are not exempt are required to participate in the Food Assistance Mandatory E&T program. At least 11 hours per week of participation must come from education or employment activities.
NOTE : Participation hours in activities and/or for any Food Assistance Mandatory E&T participant cannot exceed 120 hours per month.
3120 Employment Services Initial Appointment
3120.1 TANF Initial Appointment - The career navigator has the obligation to review and/or present information to all mandatory TANF participants either in a group setting or one on one (see TANF Coding Chart for Work Programs in the Appendix E-1 ). The following topics must be reviewed:
outline what DCF can provide
agency/program rules
participation expectations and consequences for the client's failure to meet those expectations
TANF time limits
right to fair hearing
client's rights and responsibilities
The Employment Services orientation tutorial will be accessible online so the client has the necessary information to make informed decisions. The orientation may only be altered with EES Administration approval. Unless exempt according to KEESM 2251 , all TANF applicants who are mandatory for Employment Services must complete orientation prior to being approved for benefits. Orientation should be given separately from assessments and provider information events.
A substance use screening will be requested for TANF clients who are mandatory for Employment Services after they have been approved for benefits. Clients disqualified due to a drug felony will be referred for a substance use screening only if they agree to participate in Employment Services activities. If services are declined, the career navigator will inform the client they may request to participate at any time by contacting the career navigator. No additional disqualification will be applied. It is recommended that the substance use screening (i.e. SASSI, UNCOPE, etc.) as defined by the contractor be completed within the first 90 days of TANF approval and is required to be completed by the 12th month of TANF assistance. All cases that do not have the substance use screening completed within the first 90 days must have the extension approved by the Employment Services Program Administrator. The substance use screening may still be given at group orientation if it is the best practice for the office.
It is also important to inform participants prior to the start of substance use screening that, depending on the results of the screening, a follow-up evaluation might be requested to determine more specific and accurate information. The results of the follow-up evaluation are shared with the individual and incorporated in the individual's decision-making process and plan development for achieving the individual's maximum level of self-sufficiency.
3120.2 Food Assistance Mandatory Employment and Training (E&T) Initial Appointment - All Food Assistance Mandatory E&T referral tasks must be worked within five days and the client must be scheduled for an assessment appointment. The assessment appointment should be scheduled within 15 days of working the task. The career navigator has the obligation to review and/or present information to all food assistance recipients who are mandatory for Food Assistance Mandatory E&T. This orientation may be conducted with the assessment and can be conducted in either a group setting or one-on-one. The following topics should be reviewed:
outline of the services DCF can provide
agency/program rules
performance expectations that the agency has for the client and negative consequences for the client's failure to meet those expectations
ABAWD time limits
right to fair hearing
client's rights and responsibilities
The Orientation/Assessment appointment must include the following: Self Assessment, ONet*, and Self-Sufficiency Agreement. If possible, this should take place in a face-to-face meeting with the career navigator.
3130 Employment Services Assessment Process - The employment service assessment is an on-going process that consists of engagement, information gathering, and documentation. The self-assessment will assist in this process. All additional assessments to determine barriers to employment or hardship should be initiated as soon as possible. For TANF, all additional assessments should be completed by the 8th month of assistance. Once the client’s limitations are assessed, the career navigator will meet with the client and place them in an appropriate employment focused activity. The career navigator will work regularly with the client to ensure they are performing at their maximum capacity with accommodations as per assessments, medical evaluations and career screening tools.
If the client reports incidents of sexual harassment, domestic violence, sexual assault, or stalking to a career navigator, the career navigator will send a referral to a local Domestic Violence/Sexual Assault (DVSA) provider.
If the client provides documentation they cannot work because they have physical or mental limitations, the career navigator may refer these clients directly to Rehabilitation Services. Note for TANF : If the client is involved with DV/SA or Disability Employment Services (Rehabilitation Services) they will still be expected to complete the self-assessment and the substance use screening unless excluded ( KEESM 2251).
3130.1 Engagement - Building rapport and establishing trust are important for client/career navigator collaboration. The initial contacts with the client set the tone for a successful partnership. Listening is an important communication skill. Determine the following:
What motivates the client?
What barriers does the client talk about that are keeping them from attaining goals?
How to empower the client. What are their options? What can they reasonably do?
Focus on strengths and client buy-in to the activity they select.
3130.2 Gather Information - The career navigator will gather information about the client during motivational interviews. The career navigator will utilize specific screenings and assessment tools to help identify the client's strengths and barriers, and to assist the client in developing a plan for achieving the client's goals. Employment Services Program Administrator approval is required for any exception to a client’s completion of the assessment process.
Documentation of assessments will be placed in the case file and noted on the system.
The client will be informed that all verification they provide will be subject to a second opinion.
Adult Basic Education Testing: If the client has not obtained a high school diploma or completed a GED, the client may be referred to the Adult Learning Center, or other available local resources for testing based on availability in the given region and on the client’s goals for employment.
LD Screening: If the client indicates a potential for the existence of a learning disability, i.e., repeating grades in school, trouble reading, early drop out or poor grades, an LD Screen may be administered based on the regional availability and the client’s employment goals. A referral to Rehabilitation Services or a provider for further psychological testing, learning disability diagnostic testing, and/or plans for accommodations may be made.
Additional Substance Use Disorder screens: Once they have been given the substance use screening (i.e., SASSI, UNCOPE, etc.), as defined by the contractor, if a client displays unusual behavior or has the appearance of being under the influence of an intoxicating or illegal substance, the client may be referred to SRCC for further assessment and screening. This referral will be made on the ES-4412. See KEESM 3330.1 for guidelines
Employment Screening: The client may be referred to a provider or the local workforce center to take employment screens such as the Work-Keys, Star, Career Pipeline, or other assessments to determine their interests, strengths, and skill levels for employment opportunities. They may also be referred to local providers for Vocational Assessments to determine specific skills or limitations.
Psychological Evaluations (for TANF only): Clients who have a history of poor performance on work sites, difficulty completing school or who report depression, emotional or mental challenges may be referred for a psychological evaluation. See KEESM 3330.4 .
Medical Assessments: If the client claims a physical or mental disability, they must provide documentation to establish their limitations. The career navigator will provide an ES-4309 , Doctor’s Statement, to be completed by a licensed professional. The career navigator will advise the client that all medical documentation will be subject to a second opinion. Based upon the information received, the client may be referred to Rehabilitation Services or an appropriate employment focused work program activity where they may participate within the boundaries of their limitations. See KEESM 3330.4 .
Much of the information gathered during the work program assessment process is used to meet the required protocol prior to terminating a TANF case due to the 24-month time limit (see 2242 ).
The client may be referred to a RS Career Development Center (RS CDC), other contracted provider, Rehabilitation Services or Mental Health Center for further assessment.
The Self Assessment Tool ( Appendix #E-6) should be completed each time the client applies for assistance.
3130.3 Documentation - Information obtained during the assessment is documented in the case record and on the system.
The Self-Sufficiency Agreement documents the collaboration between the client and the career navigator to establish the strategies for achieving employment and self-sufficiency goals. Client strengths, information from assessment interviews, tests, community resources, barriers, available program activities and services are considered in the mutual development of the agreement.
The career navigator and the client will determine the appropriate activity based upon the client's goals, assessment data, and available local resources. If the assessment report indicates continuing mental health needs, the career navigator should collaborate with the Mental Health Center (MHC) for treatment and/or case management. Identified barriers such as substance abuse and/or domestic violence will need to be addressed early in the Employment Services participation process.
3140 Self-Sufficiency Agreement - The written Self-Sufficiency Agreement (SSA) between the agency and the client details the activities and services utilized by the client to accomplish the plan.
All activities and services beyond the initial assignment are determined based upon the SSA. This SSA is developed after assessment information has been gathered. The career navigator must review this agreement with the client. Both the client and the career navigator should sign the agreement. However, failure to obtain the client's signature does not invalidate the agreement. Refusal to sign the SSA is considered non-compliance only after the individual fails to comply with the activities established in the SSA. The client must be involved in the planning of updates to the agreement but signatures are not required. It is acceptable for the SSA to be handwritten.
The Self-Sufficiency Agreement can be found in the Appendix . If this form is not used, the Self-Sufficiency Agreement must include client name, date, case number, specific and measurable actions for the clients with begin dates and due dates, the required hours per week for the client to complete, and specific and measurable actions for the agency with due dates.
3140.1 Self-Sufficiency Agreement for TANF - The Self-Sufficiency Agreement form can be found in Appendix E-8. If a minor parent is not emancipated and does not have a high school diploma or GED, they are required to participate in the Satisfactory Attendance at Secondary School or in a GED Program activity. (see 2230 ) The SSA should be signed by both the minor parent and their caretaker. (see 2220 )
3140.2 Self-Sufficiency Agreement for Food Assistance Mandatory Employment and Training (E & T) - The Self-Sufficiency Agreement can be found in Appendix E-7. The Self-Sufficiency Agreement must inform the client of the weekly/monthly requirements to meet Food Assistance Mandatory E&T participation and ABAWD requirements, if applicable. The Self-Sufficiency Agreement must inform the client of what needs to be done to gain exemption or to meet participation for ABAWD requirements, if applicable.
3200 Exemptions - The system determines mandatory or exempt status and generates a referral task for mandatory clients.
3210 Work Related Exemptions for TANF and Food Assistance Mandatory Employment and Training (E&T) - The following individuals are exempt from work related requirements:
A person who is under the age of 16. For purposes of this provision, a person shall be considered exempt for the month they turn age 16.
A person who is aged 16-18 and not the parent of a child in the home and not the head of household is exempt if they are working toward attainment of a high school diploma or its equivalent. For purposes of this provision, a person shall be considered exempt through the month they turn 19.
A person who is aged 16-18 and the parent of a child in the home and not the head of household if they have their high school diploma or its equivalent. For purposes of this provision, a person shall be considered exempt for the month they turn age 18.
A person whose presence is required at home because of a verified medically determined condition of: an adult member of the home whose condition does not permit self-care, and when the care is not available from another person in the home. a child in the home whose condition requires more than standard level of care for a child of that age and the level of care cannot be provided by another member of the home, the school, or a child care provider. In order to document the need for this person to provide care, the worker must obtain the following information from the medical provider on the ES-4310 : the medically determined condition; the number of hours care is needed; how long will care be needed, and who can provide care.
A parent or other adult caretaker personally providing care for a child under the age of 2 months in their TANF household. For purposes of this provision, the person is exempt the month the child turns 2 months of age. The two months are defined as two consecutive months starting with the month after a child is born. Exception: The exemption for caring for a child under two months cannot be claimed: by either parent when two parents are in the home and the household meets the two parent definition for federal reporting purposes in 3110 ; EXAMPLE: Mother (28), Father (32), and 3 children ages 7, 4 and 1 month. This household meets the two parent definition for federal reporting purposes. Both parents are mandatory and neither parent can claim the child exemption. or by one parent or caretaker when the other parent or caretaker is in the home, and available, capable, and suitable to provide care; and the household does not meet the two-parent definition for federal reporting purposes in 3110 ; EXAMPLE: Mother (31), Father (35) and 1-month-old child. The mother and child receive TANF, and the father receives SSI. If the father is available, capable, and suitable to provide care for the 1-month-old child, the mother cannot claim the child exemption. EXAMPLE: Mother (31), Father (33), 1 month old child. Mother and child receive TANF. Father is not eligible for TANF because he is an undocumented non-citizen. If the father is available, capable and suitable to provide care for the child, the mother cannot claim the child exemption. EXAMPLE: Mother (22), stepfather (25), and a 1 month old non-mutual child only. Either the mother or the stepfather may claim the child exemption. NOTE: Both the mother and the stepfather are mandatory when the child turns 2 months of age. EXAMPLE: Mother (22), stepfather (25), and a 1 month old non-mutual child only. The step-father is employed part-time. Either the mother or the stepfather may claim the child exemption in this situation. or by a person age 19 or younger (child or adult) when the person is pregnant or a parent of a child in the home and the person does not possess a high school diploma or its equivalent. For purposes of this provision, a person shall become exempt the month they turn age 20; EXAMPLE: Mother (18) without a high school diploma or GED and a 1-month-old child receiving TANF cash assistance. Mother cannot claim the child exemption. or In addition, a client assigned to the Alcohol and Other Drug Assessment and Treatment activity for substance use disorders will not be eligible for a child-under exemption and will be expected to continue their recovery program once the baby is born.
3220 Additional Work Related Exemptions for Food Assistance
The following exemptions apply to food assistance households.
A person who is employed or self-employed and working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 hours. This includes in-kind work or working 30 hours per week but earning less than Federal minimum wage times 30 hours. When determining if the amount of self-employment is equal to 30 hours per week times minimum wage, use the adjusted gross self-employment income (after income producing costs or the flat 25% deduction.) This shall include migrant and seasonal farm workers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days. This also includes ACTION/VISTA volunteers who are working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 even if the income is exempt per 6410 . To find the current minimum wage click this link, Minimum Wage | U.S. Department of Labor (dol.gov) , then scroll down and click on "What is the Minimum Wage?"
A person who is physically or mentally "unfit" for work. This shall include all persons who meet at least one of the following: Determined disabled according to Social Security Administration standards. See Definitions of Common Terms for further definition. Pending status for SSA disability would exempt the individual until final determination. If the person is denied SSA disability and is not in appeal status, the exemption will end beginning with the month following the month in which the determination is finalized allowing for timely and adequate notice. Since this is not a change that is required to be reported per 9122.1 , the person will become non-exempt at the time of the next review. A person who is found ineligible for Social Security may be exempt from work registration under the exemption for being “physically or mentally unfit for work.” Persons who meet MediKan disability provisions. If approved for presumptive disability as either Tier 1 or MediKan, the exemption continues until a final Social Security determination is made. If the person fails to meet Tier 1 or MediKan qualifications, the exempt status shall end beginning with the month following the month in which the determination is finalized allowing for timely and adequate notice. Since this is not a change that is required to be reported per 9122.1 , the person will become non-exempt at the time of the next review. A person who is found ineligible for Tier 1 or MediKan may be exempt from work registration under the exemption for being “physically or mentally unfit for work.” A veteran with service-connected or nonservice-connected disability rated by the Veteran’s Administration (VA) as total or paid as total by the VA under title 38 of the United States Code. For verification of disability under this criterion, the household must present a statement from the VA that clearly indicates that the disabled individual is receiving VA disability benefits and that the disability is rated as a total or paid at the total rate by VA. See Definitions of Common Terms for further definition. Receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(I) of the Social Security Act. See Definitions of Common Terms for further definition. Persons who self-declare their disability. Your observation of the person or information declared using ES-3900 during the interview with the person is a sufficient basis to make a determination as to a person’s fitness for employment. If it is not evident to you that a person has a mental or physical limitation that would make the person “unfit” for employment, verification may be required. Appropriate verification may consist of a statement or ES-4309 from a medically qualified source. See note below. A person determined to be cooperating and currently eligible for VR services. Qualified non-citizens who do not have authorization to work in the United States shall be considered “unfit” for employment and meet this exemption NOTE : Determine a person’s “fitness” for employment using the prudent-person principle or any reasonable evidence that supports your decision. The person’s condition does not need to be permanent for a determination of “unfitness” to be made. When your jud gment is the only basis for determining that a person is not “fit” for employment, you must document it as such in the person’s case record. In addition, if an individual is a TANF applicant or recipient and claiming a disability this would also exempt the individual from TANF work program requirements. Career Navigators will work with this individual to identify the ability to work.
A parent or other caretaker personally providing care for a child under the age of six. Only one caretaker in a case may be exempt for providing care for a child under age six.
A person subject to and complying with TANF work requirements. (NOTE: Even though exempt from food assistance work requirements, the person is still subject to the comparable treatment for disqualifications provisions of 2550 .)
A person applying, appealing, receiving or approved to receive unemployment compensation.
A regular participant in a drug addiction or alcohol treatment and rehabilitation program.
A student enrolled at least half-time in any recognized school, training program, or institution of higher education. (NOTE: Students enrolled at least half-time in an institution of higher education must meet the eligibility criteria of 2531 .) A student will remain exempt during normal periods of class attendance, vacation and recess.
A person who is age 60 or over. For purposes of this provision, the person becomes exempt the month they turn age 60.
A person who is aged 16 or younger or who is aged 16-18 who is a non-head-of-household member, and working toward attainment of a high school diploma or its equivalent.
NOTE: The comparable disqualification provisions of 2550 apply to persons who fail to comply with a TANF work-related requirement but who are exempt from food assistance work-related requirements per any of the exemptions found in 3210 or 3220 .
3230 Loss of Exempt Status
3230.1 Loss of Exempt Status for TANF - The client will become mandatory the month after they are considered no longer exempt (see 3210 ).
3230.2 Loss of Exempt Status for Food Assistance E&T - An ABAWD or work registrant 50 – 59 without children under 18 on the food assistance case becomes mandatory for Food Assistance E&T when he or she loses exemption status due to changes that are required to be reported under the provisions of 9121 or 9122 . An ABAWD or work registrant 50 – 59 without children under 18 on the food assistance case who has lost exempt status due to a change in circumstances that is not required to be reported under the provisions of 9121 or 9122 will be referred to the Mandatory Food Assistance E&T program and will be required to meet program participation requirements at the time of the next review.
3300 Activities - This section contains the general characteristics of work program a ctivities .
Assignment to a ctivities should be employment focused with client goals and family needs taken into consideration. Information gained from the Self-Assessment and career/skills assessments should provide the basis for collaboration between the career navigator, the client and DCF community partners or work program activity providers. See the individual a ctivities for clarification. A client should never be assigned to work a ctivities in excess of 40 hours per week.
3300.1 Employment Services Activity Monitoring and Verification Requirements - Employment Services progress reviews should occur as needed, but no less than once every 6 months. The progress review must document that the client and the career navigator have discussed the progress made toward self-sufficiency since the last review.
The case record must contain documentation of all hours reported for work participation. Paid employment must be documented by pay stubs, timecards, sign-in/sign-out sheets, rosters with recorded hours of work, or other acceptable verification.
Non-employment activities must be documented by time sheets, service provider attendance records, school attendance records, or other acceptable verification.
Internal controls ensure compliance with these procedures.
TANF Requirements - Kansas employs a Sample Reporting Methodology for TANF work participation. All actual hours of work activities must be supervised, verified, and documented in order to count in the work participation rate. With the exception of the Physical Health Care activity (which includes physical and mental health), clients placed in non-countable activities that don’t count towards federal participation should be placed in a corresponding Primary activity whenever possible. Documented supervised study time and un-supervised study time up to an hour for each hour of scheduled class time may count for work participation. The total of supervised (time spent in class) and un-supervised (time spent out of class) study time may not exceed the hours required by the educational program for successful completion of the course. A client should never be assigned to work activities in excess of 40 hours per week.
Food Assistance Mandatory E&T Requirements - Clients are eligible for 1 hour of study time for each hour of scheduled class time. A client should never be assigned to work activities in excess of 30 hours per week.
3300.2 Job Skills Training/Education Directly Related to Employment/ Attendance at Secondary School Review Guidelines
The following review guidelines are applicable to all education/training a ctivities : Frequent contact with clients and adult education providers or other providers is of key importance. Monitoring of actual attendance with the provider should be obtained and documented in the case record monthly. These activities require daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact. The evaluation process will result in a decision regarding the continuation of the activity or any changes necessary to effectively address the client's goals. Support for these a ctivities may be denied if the client does not attend classes as scheduled; or make satisfactory progress toward completing the course of study in a reasonable documented time frame based on the individual’s situation. Exceptions to this policy require supervisory approval and must be extensively documented in the case record.
3300.3 Job Skills Training/Education Directly Related to Employment/Attendance at Secondary School Authorization Guidelines -
It is necessary to authorize these activities in order to:
Provide supportive services for clients; and
Pay a ctivity costs.
No payments for supportive services or costs for approved activity may be issued for months prior to the month for which the activity was approved.
A review of client attendance records and progress shall be made prior to approval of supportive services.
Educational/training activities should be offered to a client if available and the assessment indicates that these a ctivities would be appropriate. Participation in prior work program activities may provide useful information on the client's ability to succeed in these activities.
Institutions offering correspondence or On-Line Distance Learning courses must provide a method of documenting attendance and progress toward timely course completion through daily supervision. Examples of approvable short-term job focused and skill specific training/vocational education may include:
Vocational technical curriculums such as Licensed Practical Nursing or Office Management; or
Child care provider certification.
A determination that training is inappropriate, unrealistic, or unnecessary at any point in the process would be adequate basis to deny the training request.
The following criteria must be documented to authorize/approve training activities:
Staff must document the results of the assessment or the results of actual participation in work program activities to determine current skills before approval.
Proposed training is for employment in a Demand Occupation. Information on demand occupations is available on The Kansas Labor Information Center/ High Demand Occupations . Training may be authorized for employment in non-demand occupations in thoroughly documented situations. Career navigators may consult with ES Administration, WIOA, job service staff, and/or educational facilities. ES designee approval is required for approval in non-demand occupations.
TANF Authorization Guidelines - Short-term, job-focused, and skill specific college courses are approvable, including courses directed toward an associate's degree, and a bachelor’s degree. Client should be willing to relocate if necessary. NOTE: Plans approved by Rehabilitation Services (RS), WIOA, or the Kansas Foster Child Educational Assistance Act of Foster Care Tuition Waiver Program or the Work Force Development Loan Program may be approved activities for work program participation.
Food Assistance Mandatory E&T Authorization Guidelines - Short-term, job-focused, and skill specific college courses are approvable unless the client is working toward an associate or bachelor's degree. If the client is working toward a degree, they would need to meet student criteria unless they start the college courses after meeting with a career navigator and it is part of their Self-Sufficiency Agreement.
3310 Primary Employment Service Activities for TANF - In order to meet work requirements, clients need to meet at least 30 hours of participation per week, at least 20 hours of which need to be primary and 10 hours may be primary or secondary activities. Two-parent households need to meet at least 55 combined hours of participation per week, at least 50 hours of which need to be primary and 5 hours may be primary or secondary activities. The following activities meet federal definitions of primary hours of participation. They count toward the first 20 hours for one-parent families and 50 hours for two-parent families per week:
NOTE: One-parent families with a child under age 6 meet the work requirement if the parent is engaged in primary work activity(s) for 20 hours per week.
NOTE: Two-parent families not receiving federally funded child care subsidies meet the work requirement if the combined hours of participation per week for the household is 35 hours with 30 of those hours being in a primary work activity.
3310.1 Unsubsidized Employment - The following activities are considered Employment for federal reporting purposes:
Full or part-time employment,
Self-Employment - After a maximum of six months the TANF client's progress should be reviewed. If the TANF client is not earning the equivalent of the federal minimum wage, the Self-Sufficiency Plan may need to be updated to include other activities on a case-by-case basis. (NOTE: In order to determine the number of self-employment hours to count for work participation reporting, the self-employment income/gross income less business expenses is divided by the federal minimum wage.)To find the current minimum wage click this link, https://www.dol.gov/general/topic/wages/minimumwage , then scroll down and click on ‘What is the Minimum Wage?’
Paid Apprenticeship
Paid internship/practicum/clinical assignment to fulfill an academic requirement
The Work Retention Payment program: See KEESM 3441.2 NOTE: For Flint Hills CDC Solo Parent Program child care eligibility and system payment coding see 2850 .
Documentation Requirement: Projected 6 months in advance based on actual hours.
3310.2 Subsidized Private Employment (TANF Only) - Employment in the Private Sector is considered subsidized employment when the participant is paid wages and the same benefits as a non-subsidized employee and the private sector employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient.
The following models are considered subsidized private employment:
TANF funds reimburse private sector employer costs for wages, benefits, taxes and insurance.
An intermediary (i.e., temporary staffing agency) receives a fee to cover participant's salary in the private sector and support services. The intermediary monitors the participant and the employer.
Non-federal Work Study
Supported work in the private sector for persons with disabilities. (See Supported Employment , Rehabilitation Services Policy Manual.)
Documentation Requirement: Projected 6 months in advance based on actual hours.
3310.3 Subsidized Public Employment (TANF Only) - Employment in the Public Sector is considered subsidized employment when the participant is paid wages and the same benefits as a non-subsidized employee and the public sector employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient.
The following models are considered subsidized public employment:
TANF funds reimburse public sector employer costs for wages, benefits, taxes and insurance.
Federal Work Study
An intermediary (i.e., temporary staffing agency) receives a fee to cover participant's salary in the public sector and support services. The intermediary monitors the participant and the employer.
Supported work in the public sector for persons with disabilities. (See Supported Employment , Rehabilitation Services Policy Manual.)
Documentation Requirement: Projected 6 months in advance based on actual hours.
3310.4 Work Experience (TANF only) - This activity will allow the client an opportunity to develop a current work history, establish references for employment seeking efforts, or become employed at the Work Experience site. Work Experience placements must be reviewed after 90 days and are limited to 6 months per life-time limit. A client’s progress should be reviewed prior to each new placement regardless of the length of time they are at the Work Experience site. Employment sites chosen for the Work Experience activity should ideally offer employment opportunities during or at the end of the activity should the client be a successful placement. Classes and workshops designed for the purpose of preparing a client for placement at a Work Experience site may also count towards participation in the Work Experience activity.
Work Site Selection - Work sites can be developed with public and private nonprofit or for profit organizations. The Cooperative Work Site Agreement form, ES-4104 , and the ES-4104.1 Addendum will be used to validate the partnership between the work site and DCF to provide work experience opportunities for DCF clients. The ES-4104 does not contain an expiration date. Either party may give a 30-day written notice to terminate the agreement. Work sites should be developed with the ultimate goal of the site hiring the client after the satisfactory completion of the work experience assignment. In situations in which the work site has no current opening for unsubsidized employment, work site staff should be willing to make every effort to assist the client in obtaining unsubsidized employment in other businesses within the community. Nonprofit organizations are required to provide verification of tax exempt status (501c3) which will be attached to the ES-4104 . Work sites developed and/or monitored by a contracted employment service provider are not required to have an ES 4104. This includes Workforce, WIOA, and VR.
Security Clearances - Some Work Experience work sites may require a security/background clearance. If the work site requires a security/background clearance, it is the responsibility of the site to obtain this clearance. DCF may provide information to the site on how to obtain clearances.
Work Site Assignments - In making work site assignments, workers will take into consideration, the client's job skills, prior work experience or training, and occupational goals. Physical proximity to the work site will also be considered to reduce transportation barriers and costs. The site should have the opportunity to interview the client for the Work Experience position. The client should discuss goals and expectations with the site supervisor to ensure that appropriate work experiences are available to meet the client's needs. The work site assignment hours will be tied to the household's monthly benefits. To determine the maximum number of assignment hours for the month, the total assistance benefit amount plus the food assistance benefit, minus child support retained by the state, is divided by the Federal minimum wage. The latest known benefit amount and amount of child support retained shall be used to determine the number of assigned hours. KEES will calculate the hours on the Work Experience/Community Service Hours Calculation page. NOTE : Clients who participate for the number of hours based on the cash and food assistance benefits, minus child support retained by the state, are deemed to meet the primary work activity requirement.
In using this formula, if the work experience assignment hours are less than the required number needed to meet federal participation requirements, assignment to an additional activity(s) may be made. Assignment hours should also be reviewed to ensure clients are assigned an appropriate number of hours in an activity. If the work experience assignment hours based on the formula exceed 30 hours per week, the career navigator and client should plan the number of hours to best address the individual situation. Work experience assignments in two-parent households should consider the family situation. NOTE: If both parents are assigned to the Work Experience activity, their combined hours cannot be more than the allowable hours for the household as determined by the FLSA formula. For example if it is determined a household may participate 50 hours a week the hours can be divided between the two parents as 25/25 or 30/20. It would be in violation of the Fair Labor Standards Act to assign both parents to 50 hours or a combination of hours that would exceed a total of 50 hours.
If a client chooses to volunteer for additional hours at a work site, the volunteer hours are not considered part of the Work Experience assignment and there is no comparable coverage provided by DCF in the event the client is injured while volunteering at the work site.
The work site may reschedule missed hours during that same month when the client has been excused or is absent because of good cause. For clarification, it should be noted that days missed due to the work site scheduled holidays, inclement weather or closure of the work site for other reasons shall be considered good cause and completion of the work assignment for the month.
Work Experience Clients Rights - Clients may not be involved in political, electoral, sectarian or partisan activities. Non-sectarian are those activities offered by a religious organization to the community at large and such programs do not involve religion, e.g., child care, recreational, congregate meal activities, or services provided such as janitorial or lawn care.
The work site shall not discriminate against any person assigned to the work site. (See 1211.8 ).
Work Site Injury Requirements - Prior to the first day of the work site assignment, Work Experience clients and site supervisors must be informed of the policy and procedures to follow in the event of an injury occurring at the work site. Anytime a client is injured while completing the work site assignment, the site must notify the career navigator immediately. The career navigator should gather basic information regarding the injury, such as the date, time, account of how the injury occurred, a general description of the injury and the name and address of the medical provider and/or treatment facility. Area staff should immediately report the work site injury occurrence to EES Administration. A written summary of the injury may be requested. Written information should be sent to the Director of Economic & Employment Services, DCF Administration Building, 555 S. Kansas Ave.Topeka, Kansas 66603.
If the work site is not providing Workers Compensation or comparable coverage, DCF will provide the comparable coverage for services related to a work site injury.
Medicaid funds will be used to pay for the needed medical care. If the injury requires emergency care, the emergency medical services are paid in the usual way with providers sending claims to the fiscal agent. If the injury is not an emergency, the Work Experience client must choose a medical provider who will treat the patient and coordinate other medical care. If the Work Experience client is on lock-in or in a Health Maintenance Organization (HMO), the lock-in physician or health care case manager must be used to coordinate medical services and in non-life threatening emergency situations, the health care case manager should be notified.
Services in excess of the Medicaid limitations are paid from the local office administrative funds. Payment for the excess costs are to be paid only if the primary medical provider provides the services or coordinates a referral to another provider.
Injured clients are exempt from co-pay for medical services for injuries occurring at the work site. The local office is responsible for sending written notice of this policy to the medical provider. The local office shall also provide written notification to the medical provider that payment for the services in excess of the Medicaid limitations will be made since the injury occurred during a work site assignment. If the client fails to use the chosen provider, lock-in physician or health care case manager, the client is responsible for payment.
Claims for medical services provided to injured work experience clients should be sent by the provider to the fiscal agent for payment. If payment is denied for exceeding Medical limitations, the provider sends the remittance advice which verifies denial to the local office. The claim is then paid by the local office as an administrative expense.
NOTE: Payment may not be made from the clients' Special Services Allowance.
If a client sustains a work site injury that requires payment for items other than medical expenses, Form ES-4411, Claim for Comparable Coverage, shall be utilized to request the comparable coverage. DCF will use the Worker's Compensation statutes as a guide to provide compensation. For example, the worker's compensation statutes define scheduled injuries, which include injuries such as the loss of a thumb or finger, or the loss of an eye. Scheduled injuries are compensated using a formula that uses wages and a payment schedule for the specific type of injury.
Refer to Appendix Item #E-9 for Procedural/Best Practice Information.
Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Bi-weekly. The ES-4322 , Community Service/Work Experience Assignment and Site report, is to be used to document the actual hours of participation.
3310.5 On-the-Job Training (TANF only) - On-the-Job Training is public or private sector training that provides knowledge and skills essential to job performance of subsidized or unsubsidized employees while they are engaged in productive work. There is an expectation that the employer will retain the participant as a regular employee after the training.
The following are considered On-the-Job Training for federal work participation reporting:
On-the-Job Training placements developed by EES or WIOA staff.
Training paid for by an employer for which the client is not paid full wages as per the job description.
NOTE: On-the-Job Training should be the activity on the system rather than Employment.
Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Projected 6 months in advance based on actual hours. Job Retention Case Management will be documented monthly based upon the provider billing.
3310.6 Supervised Community Service Program (TANF only) - This activity provides for client’s performing work for the direct benefit of the community under the structure and supervision of public or nonprofit organizations. These programs must serve a useful community purpose and must be designed to improve the employability of the client. Classes and workshops designed for the purpose of preparing a client for placement at a Supervised Community Service site may also count towards participation in the Supervised Community Service activity.
Community Service Site Selection- Work sites can be developed with public and nonprofit organizations. The ES-4105 and the ES-4105.1 , Cooperative Community Service Program Agreement Addendum, will be used to validate the partnership between the work site and DCF to provide community service opportunities for DCF clients. These documents do not contain an expiration date. Either party may give a 30-day written notice to terminate the agreement. Non-profit status may be verified by documentation of tax exempt status (501c3) or State of Kansas not-for-profit status. Work sites developed and/or monitored by a contracted employment service provider are not required to have an ES-4105 . This includes Americorps and VISTA.
Security Clearances - Some Supervised Community Service sites may require a security/background clearance. If the work site requires a security/background clearance, it is the responsibility of the site to obtain this clearance. DCF may provide information to the site on how to obtain clearances.
Community Service Site Assignments - Prior training, experience and skills of the client, and occupational goals need to be considered in making appropriate community service assignments. Physical proximity to the work site will also be considered to reduce transportation barriers and costs. This site should have the opportunity to interview the client for the Supervised Community Service position. The client should discuss goals and expectations with the site supervisor to assure that appropriate work experiences are available to meet the client's needs. The Community Service site assignment hours will be tied to the household’s monthly benefits. To determine the maximum number of assignment hours for the month, the total cash assistance benefit amount plus the food assistance benefit, minus child support retained by the state, is divided by the Federal minimum wage. The latest known benefit and amount of child support retained shall be used to determine the number of assigned hours. KEES will calculate the hours on the Work Experience/Community Service Hours Calculation page.
NOTE: Clients who participate for the number of hours based on the cash and food assistance benefits , minus child support retained by the state, are deemed to meet the primary work activity requirement.
NOTE: If both parents are assigned to the Community Service activity, their combined hours cannot be more than the allowable hours for the household as determined by the FLSA formula. For example if it is determined a household may participate 50 hours a week the hours can be divided between the two parents as 25/25 or 30/20. It would be in violation of the Fair Labor Standards Act to assign both parents to 50 hours or a combination of hours that would exceed a total of 50 hours.
In using this formula, if the Community Service assignment hours are less than the required number needed to meet federal participation requirements, assignment to an additional activity(s) may be used. Assignment hours should also be reviewed in regard to ensure clients are assigned an appropriate number of hours of activity. If the Community Service assignment hours based on the formula exceed 30 hours per week, the career navigator and client should plan the number of hours to best address the individual situation. Community Service assignments in two-parent households should consider the family situation.
Examples of Supervised Community Service Programs include, but are not limited to:
Americorps;
VISTA;
Community Service activity required as a condition of probation or parole;
Activities in homeless shelters (i.e., cooking, cleaning).
If a client chooses to volunteer for additional hours at a work site, the volunteer hours are not considered part of the Community Service assignment and there is no comparable coverage provided by DCF in the event the client is injured while volunteering at the work site.
The work site may reschedule missed hours during that same month when the client has been excused or is absent because of good cause. For clarification, it should be noted that days missed due to the work site scheduled holidays, inclement weather or closure of the work site for other reasons shall be considered good cause and completion of the work assignment for the month.
Work Experience Clients Rights - Clients may not be involved in political, electoral, sectarian or partisan activities. Non-sectarian are those activities offered by a religious organization to the community at large and such programs do not involve religion, e.g., child care, recreational, congregate meal activities, or services provided such as janitorial or lawn care. The work site shall not discriminate against any person assigned to the work site. (See 1211.8 ). Community Service Site Injury Requirements - Prior to the first day of the site assignment, Community Service clients and site supervisors must be informed of the policy and procedures to follow in the event of an injury occurring at the work site.
Anytime a client is injured while completing the site assignment, the site must notify the career navigator immediately. The career navigator should gather basic information regarding the injury, such as date, time, account of how the injury occurred, a general description of the injury and the name and address of the medical provider and/or treatment facility. Area staff should immediately report the work site injury occurrence to EES Administration. A written summary of the injury may be requested. Written information should be sent to the Director of Economic & Employment Services, DCF Administration Building, 555 S. Kansas Ave.Topeka, Kansas 66603.
If the work site is not providing Worker's Compensation or comparable coverage, DCF will provide the comparable coverage for services related to a work site injury.
Medical funds will be used to pay for the needed medical care. If the injury requires emergency care, the emergency medical services are paid in the usual way with providers sending claims to the fiscal agent. If the injury is not an emergency, the client must choose a medical provider who will treat the patient and coordinate other medical care. If the client is on lock-in or in a Health Maintenance Organization (HMO), the lock-in physician or health care case manager must be used to coordinate medical services and in non-life threatening emergency situations, the health care case manager should be notified.
Services in excess of the Medicaid limitations are paid from the local office administrative funds. Payment for the excess costs are to be paid only if the primary medical provider provides the services or coordinates a referral to another provider.
Injured clients are exempt from co-pay for medical services for injuries occurring at the work site. The local office is responsible for sending written notice of this policy to the medical provider. The local office shall also provide written notification to the medical provider that payment for the services in excess of the Medicaid limitations will be made since the injury occurred during a work site assignment. If the client fails to use the chosen provider, lock-in physician or health care case manager, the client is responsible for payment.
Claims for medical services provided to injured clients should be sent by the provider to the fiscal agent for payment. If payment is denied for exceeding Medicaid limitations, the provider sends the remittance advice which verifies denial to the local office. The claim is then paid by the local office as an administrative expense.
NOTE: Payment may not be made from the clients' Special Services Allowance. If a client sustains a site injury that requires payment for items other than medical expense, Form ES-4411, Claim for Comparable Coverage, shall be utilized to request the comparable coverage. DCF will use the Worker's Compensation statutes as a guide to provide compensation. For example, the Worker's Compensation statutes define scheduled injuries, which include injuries such as the loss of a thumb or finger, or the loss of an eye. Scheduled injuries are compensated using a formula that uses wages and a payment schedule for the specific type of injury.
Refer to Appendix Item E-17 for Procedural/Best Practice Information.
Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Bi-weekly. The ES-4322 , Community Service/Work Experience Assignment and Site Report, is to be used to document the actual hours of participation.
3310.7 Vocational Education - Vocational education is defined as organized educational programs that are directly related to the preparation of clients for employment in current or emerging occupations requiring training including Baccalaureate degree. Refer to 3300.2 and 3300.3 for authorization and progress review guidelines.
TANF -s pecific programs that may be considered Vocational Education include:
Work focused general education, including on-line distance learning if hours can be documented;
On campus participation in Job Corps is considered employment for work participation purposes. No work program assessment, case management, or signed Self-Sufficiency Plan is required to be completed for on-campus participants in Job Corps. Job Corps staff provide these services for these Job Corps participants. If there is an indication that sexual harassment, domestic violence, sexual assault, stalking or substance abuse issues are present, the career navigator may refer the client to the local DV/SA center or SRCC so that additional services may be provided while the client attends Job Corps.TANF recipients attending on-campus Job Corps programs are eligible for appropriate support services (i.e., transportation, child care, etc.).
Instructor-led and supervised language classes (ESL), if the course is part of the "embedded activities," in person or online distance learning; or
Work toward an associate degree or a baccalaureate degree.
Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Monthly.
TANF Limitations: 12 months, 30% of all Families
3310.8 Job Readiness
Job Readiness is a primary activity and is preparation to seek or obtain employment. It is an individual holistic service provided for but not limited to clients with severe, multiple, and often persistent barriers to self-sufficiency. This service should directly enhance the employability of the client with individualized contacts to assist clients with identifying options, problem-solving, motivation, self-confidence, and guidance. This service may be provided by the CN or may be provided by other community resources (i.e. Bridges programs, Partners 4 Success, etc.) This activity is a primary activity but is limited to 4 consecutive weeks in a month and a total of 6 weeks in a year. Since this activity can only count for 4 consecutive weeks to meet the federal participation rate, it is always considered a partial month.
These hours can come from:
community or agency workshops to enhance life skills
treatment and support groups for mentoring, substance abuse, mental health, and domestic violence/sexual ass ault (for TANF only).
job readiness case management designed to assist with job seeking and job retention skills
rehabilitation activities including vocationally directed doctor’s appointments and physical therapy that are not covered under other primary or secondary activities (for TANF only).
Countable hours of participation can come from some of the non-countable activities, such as:
Alcohol and Other Drug Assessment and Treatment;
Disability Whole Family Services;
Domestic Violence/Sexual Assault;
Physical Health Care;
Prevention and Protection Services; and
Refugee Whole Family Services.
Note: This activity cannot be used for time spent in or arranging for transportation or child care, pursuing potential resources or similar activities that do not have a direct connection to finding or preparing for employment.
3310.9 Job Search
The Job Search activity is a Primary activity. The Job Search activity is a Primary activity but is limited to 4 consecutive weeks in a month and a total of 6 weeks in a year. Since this activity can only count for 4 consecutive weeks to meet the federal participation rate, it is always considered a partial month. Job contacts and time spent making the contact are to be documented and reported to the agency weekly. The career navigator or contracted provider who is supervising the job search is required to verify 10% before the hours can be allowed.
The Job Search should NOT be used for clients who are:
Job Corps recruits
Pregnant or parenting teens under age 20 without a high school diploma or GED
DV/SA survivors that cannot safely participate in this activity
Clients that have established a pattern of losing employment and returning to assistance
Participants in a WIOA approved plan
Clients that have documented extenuating circumstances that do not allow job search to be appropriate at this time.
3310.10 Retention Services - This activity is to be used to support a client's efforts to maintain and enhance employment.
3320 Secondary Employment Services Activities for TANF- In order to meet work requirements, clients need to meet at least 30 hours of participation per week, at least 20 hours of which need to be primary and 10 hours may be primary or secondary activities. Two-parent households need to meet at least 55 combined hours of participation per week, at least 50 hours of which need to be primary and 5 hours may be primary or secondary activities. The following activities meet the federal definition of secondary work participation.
3320.1 Job Skills Training (TANF only) - Training or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace.
The following may be considered Job Skills Training:
Literacy Instruction;
Customized Training (i.e. a nontransferable skill);
Limited Post Secondary Attendance leading to an Associate degree;
Language Instruction Focused on Skills for Employment.
Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Every 2 weeks 3320.2 Education Directly Related to Employment (TANF only) - Education related to a specific occupation, job, or job offer. The education program must be approved by the State Department of Education.
The following may be considered Education Directly Related to Employment:
ABE;
GED or HS Diploma if required as a prerequisite for employment;
ESL; or
Other courses designed to provide knowledge and skills for specific occupations or work settings.
NOTE: By participating for a minimum of 20 hours per week in this activitiy, teen parents will meet federal work participation requirements. Participation can be anything that meets the definition of this activity and is not limited to ABE or ESL.
Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Every 2 weeks
3320.3 Satisfactory Attendance at Secondary School or in a GED Program - Regular attendance, in accordance with the requirements of the secondary school or course of study, at a secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.
This includes:
High School or GED for Teen Parents and Adults.
NOTE: All TANF teen parents under age 20 without a high school diploma or GED meet the federal work participation requirement if the teen is satisfactorily participating in high school or a GED program. The hours of satisfactory attendance in a GED program is the equivalent of the hours offered by the local GED program unless the client has other limiting factors that hinder participation.
Supervision Requirement: Daily supervision means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Every 2 weeks
3330 Activities Not Countable for Federal Work Participation for TANF - The activities in this section provide valuable services to clients and help ES staff monitor caseload activity. These activities are not countable toward meeting the Federal TANF work participation rates.
ES staff will work with our community partners to assure understanding of the need for effective communication of supervision, verification, and documentation of information.
3330.1 Alcohol and Other Drug Assessment and Treatment (TANF only) - The substance use screening (i.e., SASSI, UNCOPE, etc.) as defined by the contractor, must be administered as part of the assessment process. It is recommended that the substance use screening be completed within the first 90 days of TANF approval and is required to be completed by the 12 th month of TANF assistance. All cases that do not have the substance use screening completed within the first 90 days must have the extension approved by the Employment Services Program Administrator. A Solutions Recovery Care Coordination (SRCC) counselor will administer this screen and will be responsible for assessing the results. The TANF client will meet individually with the SRCC or qualified assessment counselor to review the assessment results, sign a release of information to DCF( ES-4412) , and determine if further assessment, including a drug test, is needed. The SRCC counselor will call the local drug testing site (see Collections Sites in KEESM Forms ) to schedule a testing time, preferably the same day or within 24 hours of determining a drug test is needed. SRCC will note the time and date for the drug test on the ES-4108 . SRCC will provide the career navigator with the clinical interpretations ES-4412 .
For those clients who are not initially identified as in need of services, ES staff will continue to monitor client’s behavior. If the client meets at least one of the following criteria during the current period of participation, the career navigator will refer the client to SRCC via the SRCC case manager turnaround form ES-4412 . Substance Abuse Subtle Screening Inventory (SASSI), Alcohol Use Disorders Identification Test (AUDIT), or Drug Abuse Screening Test (DAST) indicators, or other appropriate substance use screening as defined by the contractor. Dismissal from employment or any work program activity for substance use disorder related causes within the last 12 months. (Also refer for a suspicion-based drug test.) Any substance use disorder related legal problems that carry current consequences (i.e., arrest, probation, diversion, loss of license, etc, within the last 12 months.). (Also refer for a suspicion-based drug test.) Client admission or medical diagnosis that an alcohol and/or drug related disorder or dependency exists. (Also refer for a suspicion-based drug test if it is a self-described illegal substance use.) Positive drug screen at work placement. (Also refer for a suspicion-based drug test.) Visual observation of the use of drugs or drug paraphernalia. (Also refer for a suspicion-based drug test.) Prior refusal to drug test. Decisions to not refer clients to SRCC when one of the above criteria has been identified must be clearly documented in the case record. Career navigators can mandate TANF clients who are without medical coverage and who are determined to have alcohol related abuse issues to participate in substance abuse treatment activities. Career navigators are responsible for assisting those clients in obtaining Medicaid whenever eligible. If the client does not cooperate in obtaining medical coverage, the career navigator will determine if a subsequent Work Program failure has occurred, and a Work Program penalty should be established. Once referred, if a TANF client who is determined to have alcohol related abuse issues refuses to participate in or follow through on the SRCC plan, the career navigator will determine if a Work Program failure has occurred and if a penalty should be established. It is recommended that an Integrated Services Team Meeting (ISTM), including SRCC and the TANF client meet to review the case before a penalty is applied. If the referral was made in accordance with item I in the above section, it is not necessary to contact PPS if the client fails to participate. You may include them in the ISTM if they are a possible resource for the client.
The Solutions Recovery Care Coordination (SRCC) System will provide screening, assessment, multi-disciplinary care management, and individualized care coordination to TANF clients with substance abuse problems. This will include working closely with the career navigator and regional drug coordinator to determine when the client is ready to participate in work program activities. SRCC will provide a Monthly Report (ES-4413) to the career navigator which will be due by the 10th of the following month of report. The monthly report will: Document the client’s participation in the substance abuse program, Record the number of contacts made between SRCC and the client, and Document any activities the client is engaged in which may count towards work program participation. The career navigator will determine if these activities are countable towards federal participation rates.
Activities determined to count towards federal participation will be opened along with the Alcohol and Other Drug Assessment and Treatment activity. SRCC may use EES forms to track and verify hours. EES will provide SRCC with the correct forms or documentation requirements. If it is determined the client may be served by a local Work Program provider in conjunction with SRCC, the career navigator will make the referral. So long as the client continues to be served by SRCC, SRCC will be responsible to monitor and report all engagement to the career navigator. SRCC will determine how long the treatment plan is in effect and at what point SRCC services will end.
NOTE: See 3310.8 for consideration of short-term substance abuse treatment as a Job Readiness work activity.
3330.2 Assessment or Reassessment - This activity should be utilized when a client is participating in the assessment process. This activity is initially used during the first 90-day assessment period. Once initial assessments are addressed, this activity may only be used for 30-day non-consecutive intervals. In addition, individuals who are struggling or failing to meet the expectations set forth in a mutually agreed upon self-sufficiency agreement shall have their appointment conducted in person. Exceptions for both situations are to be approved by Employment Services Program Administrator.
3330.3 Prevention and Protection Services - This activity should be utilized when the family is working with Prevention and Protection Services (PPS) staff. The career navigator will consult PPS staff prior to assigning activities when possible as the safety of the children takes precedence over work program participation. This plan will be considered part of the client’s Job Search/Job Readiness activities and will be monitored as such with reviews of progress at least every six months.
3330.4 Disability Employment Services - Work Program staff should consider the following criteria in determining whether to make a direct referral to RS for vocational rehabilitation (VR) services:
The client is interested in pursuing employment; and
The client has a physical or mental disability and/or functional limitations have been identified; or
The client was a participant in special education services during secondary education.
See Appendix Item #E-12, EES Screening Tool for Referral to Rehabilitation Services.
ES clients who do not meet these criteria may be referred directly to the RS Career Development Centers (CDCs) or to a private contractor for further assessment; or referred directly to their physician for a definitive medical report. RS maintains an open application process for VR services. Clients who do not meet the direct referral criteria listed above may apply directly if that is their informed choice. Documentation may include: the client's most recent medical statement if it was received within the past 5 years, client's evaluations completed within the past 5 years, and the client's current Self-Sufficiency Agreement.
ES clients who are referred to RS for VR services will complete the eligibility determination process. Eligible clients will then be placed in a priority category to determine access to services according to the RS Order of Selection policy. ES should continue to make referrals to RS even though the client may be placed on a waiting list for VR services. For ES clients who are eligible for VR services and on a waiting list, the RS counselor will provide recommendations to Employment Services for employment-related activities that the client should participate in while on the waiting list. Such activities may include, but are not limited to: psychological evaluation; vocational assessment; ABE/GED; referral to contracted employment services, or medical evaluation. These activities would be purchased with TANF funds and incorporated into the client’s Self-Sufficiency Agreement (SSA). Once a client is removed from the waiting list, RS will promptly advise Employment Services of the change in status. RS and Employment Services staff will coordinate to determine how to proceed with service delivery based on the client’s informed choice and progress toward employment at that time. DCF will work with the RS staff and the client to ensure that the recipient is placed in an appropriate employment focused activity. Employment Services will generally provide support services for mutual clients participating in VR services. However, local staff have the flexibility to address special circumstances to meet the individual client's needs.
Refer to Appendix , Item R-4 for Procedural Best Practice information.
It is appropriate to share information on mutual clients on a need-to-know basis and the EES/RS Change Report (Appendix R-5) is available to facilitate communication.
NOTE: See 3310.8 for what is considered short term rehabilitation services as a Job Readiness work activity. Counseling, vocational training and participation in skills training, subsidized employment or work experience must be noted in conjunction with the Disability Employment Services activity.
3330.5 Head Start and Early Head Start - Head Start and Early Head Start participation enhances a child’s physical, social, emotional, and intellectual development; supports parents’ efforts to fulfill their parental roles; and helps parents move toward self-sufficiency. Activities may include weekly home visits, parent meeting presentations, classroom volunteer and participation on policy councils. Family Partnership Agreements are established and describe family goals, responsibilities, time tables and strategies for achieving these goals as well as progress made toward achieving them. Instructions for Participation Hours in Employment Services (E-13) can be found in the Appendix .
If the client is already involved with HS/EHS (including KEHS) at the time of referral to Employment Services, the career navigator will meet with the client and the HS/EHS case manager to determine what activities the client is already required to participate in with them. It is recommended that an ISTM be completed.
The client will never be expected to complete 50 hours a week for participation from KEHS and Employment Services. Employment Services hours will mirror 20 of the 30 KEHS hours for work programs participation.
Supervision Requirement: Clients in the Head Start and Early Head Start activity must be reviewed monthly .
NOTE: The career navigator will work with Head Start and/or Early Head Start to determine if any hours from their activities may be counted under the Job Search/Job Readiness activity or other appropriate activity.
3330.6 Referral to provider for services, awaiting acceptance - It is to be used when a client has been referred to another agency to participate in an activity but has not been accepted yet. This includes the Physical Health Care activity while the client is in the process of getting the medical statement completed.
The activity should be set up for 1 month from the Start Date. Clients placed in this activity must be reviewed every month at which time the activity may be extended if the referral or medical statement is still pending.
NOTE: If the client has a mental health condition, see 3330.10 Physical Health Care.
3330.7 Two-Parent Child Care Activity (TANF Only) - This activity is used when one parent in a two parent family or two adult household stays home with the children while the other parent participates in the Employment Services activity for the minimum of 35 hours and there is a child under the age of 6. If the first parent is participating but is not able to meet the required hours of participation, the second parent/adult must be assigned to a primary activity for the additional hours needed. This activity cannot be used:
for a 1 parent household.
if there is an open childcare plan.
by a teen parent.
if there is no child under 6 in the home.
if the client has another activity open.
if the participating parent is required to participate less than 35 hrs/wk.
if any of the 35 hrs/wk are from participating in the Job Search/Job Readiness activity.
3330.8 RESERVED
3330.9 Domestic Violence/Sexual Assault (TANF) – Domestic Violence/Sexual Assault (DV/SA) is defined as an act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. It includes violence against both men and women and may encompass social/financial isolation, deprivation, physical, sexual harassment, sexual assault, stalking, emotional and/or mental abuse. DCF will screen all TANF applicants for sexual harassment, domestic violence, sexual assault, and stalking issues during interviews and TANF recipients regularly thereafter. TANF individuals meeting the DV/SA definition are to be referred to the local DV/SA Centers to receive services. DCF will work with the DV/SA advocates and the TANF recipient to ensure that the recipient is placed in a safe and appropriate employment focused activity once the recipient accepts DV/SA services. DCF ES Career Navigator Responsibilities:
Provide a safe environment to facilitate confidential disclosure by TANF applicants and recipients who have experienced sexual harassment, domestic violence, sexual assault, or stalking through the use of posters, written and verbal safety assessments, brochures, and verbal presentations by ES staff which are all vehicles for notification. Provide all TANF applicants and recipients with basic information about sexual harassment, domestic violence, sexual assault, and stalking issues in multiple places and levels in the DCF office and system. Opportunities for TANF applicants or recipients to disclose that they are DV/SA survivors should be f requent, confidential, clearly voluntary, and easy to access.
Screen and identify, as early as possible, individuals who have applied for or are receiving TANF assistance to determine current or past history of sexual harassment, domestic violence, sexual assault, or stalking issues, while maintaining the confidentiality of such individuals. TANF recipients who are exempt from DCF Work Program requirements may volunteer to receive DV/SA services. Clients receiving SSI cannot be considered volunteers because they are not eligible for ES services. Initial screening shall be completed before placement in any activity; ongoing screening should occur during routine contacts. All TANF recipients referred to the DV/SA Center will be placed in the Domestic Violence/Sexual Assault activity for no more than six months from the time of initial referral.
Review the Domestic Violence/Sexual Assault activity no less than every six months. The review will include input from the local DV/SA Center and the DV/SA activity participant. Each review will include an updated Self-Sufficiency Agreement, including work activities, counseling (as needed), review of safety planning and barrier reduction activities (as needed).
Support services including child care, transportation, and special services allowances can be provided during the time that the DV/SA activity participant is participating in the Domestic Violence/Sexual Assault activity. DCF funds may be used for supportive payments based on the DV/SA participant’s need to ensure safety, thereby facilitating work. Special expenses of the DV/SA activity participant's such as rent and utility deposits, and moving expenses may be covered. However, once safety is assured, participants in the DV/SA activity are exp ected to meet basic needs from their income.
Penalties w ill not be applied for failure to comply with Domestic Violence/Sexual Assault activities. However, clients who do not follow through with Domestic Violence/Sexual Assault activities and monthly reporting requirements will be reassessed and reassigned to other work program activities. Penalties may be applied in cases where DV/SA clients do not respond to appointment letters. In these situations, career navigators s hould make thorough efforts to determine if Good Cause due to DV/SA exists. See KEESM 2162 (4) and 3500 regarding Good Cause.
TANF recipients may receive services from the local DV/SA Center, however, this does not exclude participants in the DV/SA activity from complying with other DCF Work Program requirements. Participants in the DV/SA activity are to be incorporated into DCF Work Program activities as determined ready by the client, the advocate, and the career navigator. As participants in the DV/SA activity move forward, they should be encouraged to move into employment or other self-sufficiency activities. This requires full coordination between the DV/SA activity participant, t he local DV/SA Center and the career navigator.
Expectations for Participants in the DV/SA activity:
Provide feedback of activities obtained through the local DV/SA Centers including, but not limited to: Signed release form to allow sharing of information Hours of participation in activities through the local DV/SA Center
Report information required: Household changes Employment Income changes Address changes Monthly Progress Report
Participate fully in DCF Work Program activities designed specifically to meet their safety needs while preparing for future self-sufficiency.
Participate in the development and execution of a DV/SA Service Plan that includes safety planning activities.
NOTE: Following safety planning, local DV/SA Center staff will be encouraged to team with the career navigator to provide input to reflect placement or removal from activities and to provide the necessary ES support services. The need to continue the Domestic Violence/Sexual Assault activity is assessed minimally at six month intervals.
Local DV/SA Centers:
Are encouraged to complete a DV/SA program assessment on all clients referred from DCF and assess for appropriate DV/SA recommendation. The DV/SA Center will determine if the client should be served. The DV/SA Center is encouraged to provide appropriate documentation to the DV/SA activity participant for DCF Work Programs. Services should prioritize safety planning to keep participants in the DV/SA activity from any immediate dangers, stabilize their living situations, and provide avenues for achieving economic independence. Teamwork and communication between the local DV/SA Center and career navigator is encouraged to promote the safety of the participants in the DV/SA activity. DCF/ES will rely on the DV/SA activity participant to provide monthly reporting between DCF and the local DV/SA Centers.
3330.10 Physical Health Care (TANF Only) - This activity should be utilized when the client is addressing specific short term or permanent physical health or mental health limitations which have been documented using the ES-4309 or other medical evaluations. The number of weekly scheduled hours the client is participating in therapy or treatment may be counted as participation under the Job Search/Job Readiness activity. Need for this therapy or treatment must be documented by a professional health care provider and is subject to a second opinion. If the client has verified documentation they cannot work and are pursuing federal disability benefits, they may be placed in the Physical Health Care activity without any corresponding primary activities. The Physical Health Care activity is appropriate to use while a client is exempt due to having a child under 2 months. If medical complications continue after the two-month exemption period, a journal entry should be made explaining why Physical Health Care is being extended and a medical statement is required. The Physical Health Care activity can also be used for a client whose presence is temporarily required at home to care for another member of the home whose condition does not permit self-care. In order to document the need for this person to provide care, the worker must obtain the following information from the medical provider on the ES-4310 : the medically determined condition; the number of hours care is needed; how long will care be needed, and who can provide care. The client should be engaged in an activity that will promote self-sufficiency in addition to the Physical Health Care activity whenever appropriate. Clients placed in the Physical Health Care activity must be reviewed no less than every 6 months at which time updated documentation may be required. Updated documentation is not required if the client already has a verified current Social Security Disability application pending with SSA.
3330.11 Refugee Employment Services - This activity is to be used for all mandatory TANF refugees who can be identified as:
an Iraqi or Afghan Special Immigrant,
a Refugee,
an Asylee, or
a Parolee.
Any hours of participation the client has in an activity with the Refugee Agency should be counted under the appropriate primary or secondary activity.
3330.12 Work Program Penalty (TANF Only) - When a client is placed in non-cooperation with work programs or disqualified due to a potential employment violation, and the client remains eligible for Transitional services, the Work Program Penalty activity will be opened for 0 hours. This activity may be set for the 12 months of the transitional period. If the client is not eligible for transitional services, the career navigator will note the appropriate penalty information in the case file and close the work program block. Note: Please refer to KEESM 3410 for reasons that would revoke the client’s eligibility for transitional services.
3330.13 Workforce Investment Opportunity Act - ES clients who are referred to the Workforce Center to participate in the Workforce Investment Opportunity Act will complete the eligibility determination process through the Workforce Center. The Self-Sufficiency Agreement must indicate that the individual has been referred and will participate in WIOA activities. An appropriate activity must be opened to reflect the actual WIOA activity and hours of participation once the client has been accepted into the WIOA program. TANF and Food Assistance applicants may already be participating in WIOA at the time of application for assistance. The WIOA plan will be supported by ES staff . [See 3300.2 (2) ].
3330.14 RESERVED
3330.15 Employment Services Tracking (TANF Only) - This activity should be used when the client is Mandatory for Work Program participation but is not a TANF recipient due to a drug felony conviction, refusal to take a suspicion-based drug test, or failure of a suspicion-based drug test.
3330.16 No Activities Assigned - This activity should be utilized when there is a gap between agreed upon assignments for the client’s self-sufficiency plan, such as when the client has completed an assessment activity and is now waiting for a training program to begin in 3 weeks. If there are no other appropriate activities available, like finding Child Care or obtaining an ID, etc., this activity can also be used.
3340 Food Assistance Mandatory Employment and Training (E&T) Activities - These activities provide valuable services to clients and activity designations are used to help Employment Services staff monitor caseload activity. The purpose of these activities is to assist clients with gaining the skills needed to find and maintain employment. All Mandatory Employment and Training (E&T) participants must receive case management plus one or more of the following countable activities.
Countable activities for Mandatory Employment and Training (E&T) consist of: English Language Acquisition, Supervised Job Search, Job Search Training, Job Retention, Basic/Foundational Skills Instruction, Career/Technical Education Programs and Education Program Details other. There are other non-countable activities listed below that are tracked for ABAWDs participating in the Mandatory Employment and Training (E&T) program.
Activities cannot be assigned for over 30 hours per week or 120 hours per month. Two activities have a limited number of hours they can be assigned for in order to meet ABAWD requirements. Those activities are Supervised Job Search and Job Search Training.
3340.1 Assessment for Food Assistance Mandatory Employment and Training (E&T) - This activity should be used for a client participating in the assessment process. Initial assessments (Self Assessment, ONet* (Department of Labor Interest Profiler or My Next Move), etc.) should be completed when possible in a face-to-face private meeting with the career navigator. The client can be placed in the assessment activity for one hour. After completing the Self Assessment, the initial Self-Sufficiency Agreement and O*Net Interest Profiler the client can be moved into case management. 3340.2 Case Management for Food Assistance Mandatory Employment (E&T) - The purpose of case management services is to guide the participant towards appropriate E&T components and activities based on the participant's needs and interests, support the participant in the E&T program, and to provide activities and resources that help the participant achieve program goals. Case management services and activities must directly support an individual's participation in the E&T program.
Clients should be placed in the Case Management activity for 0 hours unless the client is participating in case management for 1 or more hours per week. Time spent in case management is countable towards the 30 hour per week participation requirement.
3340.3 Supervised Job Search (SJS) for Food Assistance Mandatory Employment and Training (E&T) - This activity is for work ready clients and is available statewide. Supervised Job Search can be provided by career navigators or through E&T providers who offer this activity.
Clients must complete an ONet* assessment prior to being placed in this activity. Career Navigators are required to provide meaningful guidance and support with at least monthly check-ins. All Job Search must be supervised. Job Search and Job Search Training may only be used for 19 or fewer hours per week to meet ABAWD requirements. All Job Search must be supervised. Job Search and Job Search Training may only be used for 19 or fewer hours per week to meet ABAWD requirements.
Supervision Requirement: Daily supervision means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation requirement: Monthly. Due by the 6 th of the following month.
3340. 4 Job Search Training for Food Assistance Mandatory Employment and Training (E&T) - This activity is for clients who need additional assistance to prepare for employment. It may consist of employability assessments, training in techniques to increase employability, job placement services, or other direct training or support activities. This includes resume classes and interviewing training. These programs may be in person or online and are available statewide. They may require a referral to a provider. Examples of classes/trainings which meet the criteria are the Skills to Succeed online program through Goodwill and the resume prep/interviewing classes through the Workforce Center. Job Search and Job Search Training may only be used for 19 or fewer hours per week to meet ABAWD requirements.
Documentation requirement: Monthly. Due by the 6 th of the following month.
3340. 5 Job Retention (JR) for Food Assistance Mandatory Employment and Training (E&T) - Retention services are limited to 90 days after employment begins. It can only be used if the client has obtained employment or a promotion after the assessment has been completed and the client has already participated in another Food Assistance Mandatory E&T activity. The purpose of this activity is to assist clients in maintaining employment. It may include case management, job coaching, dependent care assistance and transportation assistance.
3340. 6 Satisfactory Attendance at a Secondary School or in a GED Program for Food Assistance Mandatory Employment and Training (E&T) - This activity should be used for clients participating in regular attendance at a Secondary School or in a course of study leading to a high school diploma or a certificate of General Equivalence (GED).
This activity is for clients who are work ready but in need of a high school diploma or GED. These services are available statewide through in person or online high school completion and GED programs.
Documentation requirement: Monthly. Due by the 6 th of the following month.
3340. 7 Volunteer/In Kind Employment for Food Assistance Mandatory Employment and Training (E&T) - This activity is not an E&T Activity. It is used to track In-Kind or Volunteer Work and cannot be counted towards the 30 hour participation requirement.
3340. 8 Employment for Food Assistance Mandatory Employment and Training (E&T) - This activity is not an E&T Activity. It is used to track Full or Part-time Employment (including self-employment) and cannot be counted towards the 30 hour participation requirement.
3340. 9 Career/Technical Education Programs (EPC) for Food Assistance Mandatory Employment and Training (E&T) - This activity is for clients who are ready to work and interested in obtaining additional education or credentials to improve their employability. It should be used to track hours for clients participating in an organized educational program that is directly related to the client’s preparation for current or emerging jobs. This includes training or education to provide a client with the ability to obtain, advance, or adapt to employment. These programs may be in person or online and are available statewide. They may require a referral to a provider.
Documentation requirement: Monthly. Due by the 6 th of the following month.
3340.1 0 Education Program Details Other (EPO) for Food Assistance Mandatory Employment and Training (E&T) - This activity is for clients who would benefit from other workplace skills beyond those offered in Job Search Training. It should be used for clients participating in WorkReady Certificate Preparation and Testing or Essential Ed online training. These programs may be in person or online and are available statewide. They may require a referral to a provider.
Documentation requirement: Monthly. Due by the 6 th of the following month.
3340.11 Work Activity (WA) for Food Assistance Mandatory Employment and Training (E&T) – This activity is for clients who need work experience. The Work Activity must take place at a contracted Work Activity site. This activity is to assist clients in gaining necessary skills, knowledge and experience that will prepare them for employment.
Documentation requirement: Monthly. Due by the 6th of the following month.
3400 Support Services for Employment Services
Support Services are available to address the individual client's barriers. These funds are to be utilized for expenditures related to work program participation.
Any single payment exceeding $1,000.00 must have supervisory approval.
The services described in this section will be provided according to the individual's unique needs and the availability of funds for these types of purchases. Services are not entitlements, and the agency will use discretion in providing prioritized services. Adult members residing in eligible TANF and/or Food Assistance households but who are a fugitive felon, probation or parole violator, disqualified for a fraud conviction, or an ineligible non-citizen are not eligible for services described in this section. Good business practices and common sense should be used when authorizing support services payments for client goods and/or services. The Administrative Services Manual guidelines shall be followed when purchasing goods or services for a client. The Assistant Director of Employment Services should be consulted when questions arise regarding purchase of needed support services. NOTE: In order to promote fair, reasonable and uniform cost and price determination, the Department of Administration requires prior authorization for certain agency purchases with a purchase price of $5,000 or over. A form to request prior authorization must be completed for all such purchases $5,000 or over. (Each Region has been provided a copy of a coding guide to determine items that need to be prior authorized.) If two DCF Divisions or Sections contribute funds to purchase an item for a mutual client and each contribution is less than $5,000, prior authorization is still required if the total purchase price is $5,000 or over. Employed participants will benefit from early intervention at an intense level with services needed to maintain employment. Clients should be contacted as soon as possible following employment but no later than 30 days from the date of the reported employment. The cumulative effects of living in poverty, paired with a possible reduction or loss of income and benefits, greatly impact the need for maximum support during this time.
3410 Provisions Specific to TANF - Total payments for support services and Education/Job Skills Training/Vocational Education activity costs are calculated per TANF client per 12-month period. The 12-month period starts the month in which the first payment is authorized and is not affected by breaks in eligibility. Payments for Contracted Employment Services are not included.
Support services are available for mandatory and exempt TANF applicants and recipients. In addition to support services for participation in ES activities, transportation and Special Services Allowances may also be available to mandatory/voluntary cash eligible clients who lose cash eligibility. See 3410.7 for specific requirements when authorizing a support service payment for clients receiving transitional services.
TANF applicants who obtain employment while in applicant status may be eligible for transportation and Special Services Allowance if there is an identified need for employment related services (i.e., purchase of uniforms, transportation, car repair, etc.).
TANF applicants participating in Job Search/Job Readiness may be given a transportation allowance payment using the Job Search/Job Readiness activity. The payment will be based on the applicant’s need.
Support Services are intended for the client’s immediate needs and if not used will age off the client’s Kansas Benefits card after three months. If the client requests that the aged-off payment be reissued, the career navigator will determine if an immediate need exists and whether it is appropriate to reissue a support payment to the Kansas Benefits card.
3410.1 Case Management Services for TANF - Case Management Services and Contracted Employment Services may be made available up to 12 months following the loss of cash assistance due to employment. See 3410.7 for specific requirements when authorizing a support service for clients receiving transitional services.
3410.2 Transportation for TANF - Since transportation is cited by many clients as a major barrier to finding and keeping employment, ongoing communication with the client regarding transportation issues and resources is essential. Designated DCF staff are encouraged to establish and maintain communication with the Coordinated Transit District in their Region. This will ensure that the public transportation providers who receive federal and state funding are made aware of the transportation needs of individuals looking for and maintaining employment. Transportation allowances for TANF clients are available to support activities, including employment. Transportation for any activity shall be based on need.
More than one transportation allowance may be approved as needed when a TANF client is involved in more than one approved activity (including employment). For TANF clients who lose cash eligibility, the transportation allowance is available during the 12 months following the loss of cash assistance if the client is employed in the month for which the payment is issued.
Transportation allowance is available for employment related needs of TANF applicants who obtain employment while in applicant status and the application for cash assistance is denied. Payment of transportation for employment related needs of these denied TANF applicants is limited to authorization in the month of TANF application and the month following the month of application.
3410.3 Special Services for TANF - This allowance should be used to obtain goods and services (except transportation) needed to participate in an approved activity. This allowance is also available for expenses or needs related to accepting or maintaining employment for employed individuals. For TANF clients who lose cash eligibility, the Special Services Allowance is available to cover expenses during the first twelve months following the loss of cash assistance. See 3410.7 for specific requirements when authorizing a support service payment for clients receiving transitional services.
NOTE : This allowance should not be used to pay fines resulting from civil and legal judgments. The Special Services Allowance shall not be used to pay for work site injury costs that exceed the allowed Medicaid rate.
NOTE : Examples of services and/or items that may be purchased with this allowance include: uniforms, eyeglasses, vehicle repairs, and the billed rate for cosmetic procedures not covered by Medicaid.
Vehicle Purchase - The Special Services Allowance may also be used to purchase a vehicle. Vehicle purchase shall be considered only when public transportation is not available or is inadequate to meet the client's transportation needs. All available transportation options must be thoroughly explored prior to authorizing a vehicle purchase. Documentation to substantiate the need for the vehicle purchase must be included in the case file. All vehicle purchases must be approved by an ES Program Administrator or their designee. Only one vehicle purchase per life-time is allowed. In rare and extenuating circumstances exceptions may be approved by the ES Program Administrator. Only moderately priced vehicles may be purchased. The selling price of the vehicle must be equal to or lower than the Kelley Blue Book or NADA suggested retail value. NOTE : A vehicle purchased directly by the state of Kansas for a client is not exempt from Kansas sales taxes. Prior authorization is required for vehicles with a purchase price of $5,000 or over. Exception : Vehicles purchased through the Department of Corrections, State Surplus Property Division do not require prior authorization. Prior to purchase, vehicles must receive a vehicle repair/safety inspection conducted by a mechanic who does not represent the purchase source. The maximum payment for an inspection is limited to $150 per vehicle. Charges more than $150 must receive supervisory approval. A copy of the inspection report must be obtained for the case file. Suggested repair work must be negotiated in the vehicle purchase price to ensure repairs are completed in a timely manner to prevent the occurrence of major breakdowns. Exception : Vehicles purchased through the Department of Corrections, State Surplus Property Division do not require an inspection. The client for whom vehicle purchase is being considered must possess a valid Kansas driver's license. Verification of the license validity must be obtained from Kansas Department of Revenue (KDOR) records. The client's driving record must be reviewed using KDOR records. If the client has been cited for a major driving violation the career navigator shall determine with the client that the barrier has been resolved prior to vehicle purchase. KDOR records must be reviewed for indications of the client's insurability. Plans for a minimum of six months insurance coverage shall be in place at the time of vehicle purchase. The vehicle is to be titled in the client's name only or if married in the name of the client and spouse. KDOR records must be reviewed to determine if other vehicles are registered in the client's name. If the client does own another vehicle the case file shall contain documentation to substantiate why the vehicle is not being utilized, used as a trade in or disposed of in an appropriate manner. A written Statement of Understanding (ES-4313) signed by the client must be maintained in the case file.
Guidelines for Vehicle Repair - Prior to authorizing a payment for vehicle repair the following items shall be considered and documented in the case file: Is the vehicle registered in the client's name? Is the vehicle currently insured? Does the client have a valid driver's license?
Relocation for Employment and/or Approved Job Skills Training, Vocational Education Allowance - TANF clients who move to accept a verified job offer or maintain full-time employment (working a minimum of 30 hours weekly, and receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 hours) or to participate in approved Job Skills Training/Vocational Education may be eligible for a maximum $2000.00 relocation allowance. This allowance may be used to pay rent, deposits (utilities and rent), moving van rentals, and mileage for moving expenses. Payments must only be made for verified expenses and that verification must be included in the case file. This allowance is limited to a maximum $2000.00 per employment relocation and $2000.00 per approved Job Skills Training/Vocational Education relocation per client during a 12-month period. This allowance may be authorized during the first 12 months of cash ineligibility for TANF clients. See 3410.7 for specific requirements when authorizing a support service payment for clients receiving transitional services.
Work Assessment Reimbursement Allowance - TANF clients may be compensated for the time at a work site to assess current skills. The Work Assessment Reimbursement Allowance is exempt income for all programs. A special service allowance is available for employment related needs of TANF applicants who obtain employment while in applicant status and the application for cash assistance is denied. Payment for employment related needs of these denied TANF applicants is limited to authorization in the month of TANF application and the month following the month of application.
3410.4 Child Care Services for TANF - TANF clients participating in an Employment Services activity may be eligible for Child Care Services. Child care plan hours authorization should correspond with expected hours of work program activity.
See 2831 for child care needed to support former TANF clients who are not employed but will be receiving Transitional Services.
3410.5 Education/Job Skills Training/Vocational Education Activity Costs for TANF - Activity costs which are related to an approved Education/Job Skills Training/Vocational Education activity (such as tuition, books/fees, related costs, necessary supplies and uniforms), may be paid for Employment Service participants. Payment of these costs is also available to TANF recipients who have lost cash eligibility for up to 12 months following the loss of cash assistance. See 3410.7 for specific requirements when authorizing a support service payment for clients receiving transitional services. Payment for these activity costs should be made to the vendor.
Funding for tuition, books, fees, mandatory supplies (required for specific course), and uniforms should be used only when other funding is not available or is not adequate to meet the total Education/ Job Skills/ Vocational Education Training costs. Clients should not be encouraged to obtain student loans.
NOTE : Costs for a class from an accredited or non-accredited facility or individual may be established in a provider agreement and be paid with Contracted Employment funding.
In order to promote job advancement, education/job skills training/ vocational education activity costs should be available for TANF clients for 12 months following the loss of cash assistance. Support services should also be available to support these activities.
3410.6 Contracted Employment Services for TANF - The Fiscal Services Unit may establish local provider agreements to provide additional or more intensive employment services to ES participants. Payment for these services shall be made according to the amount authorized in the agreement between the agency and the provider. Refer to the EES Contracted Employment Services Handbook for details on services available and procedures.
Contracted employment services may be provided for Employment Service participants. Contracted Employment education, training, and Job Retention Services may be available up to 12 months following the loss of cash assistance. Also, contracted employment services may be provided to TANF applicants on a case-by-case basis.
3410.7 Transitional Services for TANF - There is eligibility for ES support services (transportation and Special Services Allowance), Education/Job Skills Training/Vocational Education activity costs and contracted employment services for up to 12 months following the loss of TANF cash eligibility for the individual or the case. Support service payments may be issued to vendors during the 12-month period. Support services may only be issued directly to the client during this 12-month period if the client is employed in the month for which the support service is issued. Payments to the client are not to be authorized prior to the month for which they are intended during this period. Payments to the client will not be authorized after the month for which they are intended as this would be considered a reimbursement.
Eligibility for support services is limited to cases that are discontinued for any reason other than:
the client moving out of state;
death of the only adult on the case;
no longer a TANF eligible child in the home;
the only adult on the case begins to receive SSI;
the only adult is incarcerated/institutionalized;
loss of contact;
the adult loses eligibility due to a TANF fraud conviction;
the case is discontinued due to failure to cooperate with a fraud investigation;
adults and MFU who lose TANF eligibility for 10 years for a fourth or subsequent non-cooperation penalty with work programs only; if fourth or subsequent non-cooperation penalty is with CSS, they may still be eligible for services; or
the adult is a cohabiting partner who loses cohabiting partner status and does not have an eligible child they are responsible for in their home.
The client should be placed in transitional status for the work programs block when the TANF cash case or the client's TANF cash eligibility is discontinued for any reason except for the closure reasons noted above.
The 12-month period of available extended services will be tracked by the system. The Scheduled End Date of the activity is the last day of the 12th month.
The TANF Work Program block may be discontinued if the client requests case closure anytime during the 12 months of extended services.
The decision to approve payments following the loss of cash eligibility should be made on a case-by-case basis and documented in the case file.
NOTE: The 12-month period of extended services is not available in situations where the TANF client is exempt from work related requirements, is not a volunteer for work programs, and continues to be eligible for cash assistance. In these situations, the work program block should be discontinued. This includes caretaker relatives who voluntarily remove themselves from the TANF case but remain eligible to receive TANF for the child.
3430 Provisions Specific to SNAP Employment & Training (E&T)
Limited federal and state funding is available for items needed by the individual to allow participation in the Food Assistance E&T program. The funding limitations for these services are established yearly in the Food Assistance E&T State Plan. ABAWDS and work registrants 50 – 59 without a child under 18 on the food assistance case, who are not meeting an exemption and not employed 30 hours or more per week are mandatory participants in this program.
Support Services are intended for the client’s immediate needs and if not used will age off the client’s Kansas Benefits card after three months. If the client requests that the aged-off payment be reissued, the career navigator will determine if an immediate need exists and whether it is appropriate to reissue a support payment to the Kansas Benefits card. Funding limitations are established yearly.
3430.1 Case Management Services for E&T - Case Management Services may be made available up to 90 days following the loss of food assistance due to employment.
3430.2 Transportation for E&T - Transportation allowances for Food Assistance E&T clients are available to support activities. Transportation for any activity shall be based on need. Documentation of the mode of transportation to be utilized and a back-up transportation plan should be included in the case file. Documentation is also required in the event that no monthly transportation allowance is authorized. More than one transportation allowance may be approved as needed when a Food Assistance E&T client is involved in more than one approved activity.
3430.3 Special Services for E&T - This allowance should be used to obtain goods and services (except transportation) needed to participate in an approved activity. This allowance is also available for expenses or needs related to accepting or maintaining employment for employed individuals.
This allowance should not be used to pay fines resulting from civil and legal judgments. The Special Services Allowance shall not be used to pay for work site injury costs that exceed the allowed Medicaid rate.
NOTE: Examples of services and/or items that may be purchased with this allowance include uniforms, eyeglasses, and vehicle repairs.
Guidelines for Vehicle Repair - Prior to authorizing a payment for vehicle repair the following items shall be considered and documented in the case file:
1. Is the vehicle registered in the client's name?
2. Is the vehicle currently insured?
3. Does the client have a valid driver's license?
3430.4 Child Care Services for E&T - E&T clients participating in an Employment Services activity may be eligible for Child Care Services. Childcare plan hours authorization should correspond with expected hours of work program activity.
3430.5 Education/Job Skills Training/Vocational Education Activity Costs for E&T - Activity costs that are related to an approved Education/Job Skills Training/Vocational Education activity (such as tuition, books/fees, related costs, necessary supplies and uniforms), may be paid for Employment Service participants. Payment for these activity costs should be made to the vendor.
3430.6 Contracted Employment Services for E&T - (not available at this time)
3430.7 Retention Services for E&T - There is eligibility for ES support services (transportation and Special Services Allowance), Education/Job Skills Training/Vocational Education activity costs for up to 90 days following the loss of food assistance for the individual if the following criteria are met:
1. Food assistance was discontinued due to income from employment and
2. Client gained employment after participating in an E&T activity.
NOTE : If the client becomes mandatory for E&T and reports at the first appointment that they obtained employment, the client is not eligible for retention services.
3440 Post-employment Services
Strategies to assist clients in becoming socially and financially stable are developed from a framework that includes the individual's and family's social and economic reality. Post-Employment Case Management services may be provided by the career navigator or purchased through contracted employment services. Services provided may include:
1. developing a Post-Employment Self-Sufficiency Plan that provides monitoring, re-assessment, planning, and service delivery that prioritizes emergent needs, mobilizes resources, describes responsibility, identifies timelines, and establishes goals;
2. developing contingency plans in the areas of child care, transportation, and preventable crises;
3. providing solutions-based problem solving and crisis intervention for coping with job stress, time/financial management, difficult employers/coworkers, and life balance (balancing work, school, and family responsibilities);
4. networking with community resources to help clients identify and establish their own network of services and resources so they can leave the program with an increased awareness of resources that can be utilized to overcome barriers;
5. creating systems of communication that meet the challenge of contacting people who are unavailable during daytime hours; establishing ongoing contact with participants by phone, handwritten notes and postcards, information and referral calls and messages, official letters, e-mail, and office visits; developing a scheduling matrix to plan dates for participant contact for effective and efficient monitoring;
6. helping participants understand and maintain eligibility for programs such as health insurance, Child Support Services (CSS), continuing and transitional ES Services, the Advanced Payment Option of the Earned Income Credit, income-eligible child care subsidy, food assistance and utility assistance;
7. providing employment retention and re-employment services such as job readiness and job search to assist an individual to remain employed or to locate another job or to help a participant who loses employment to find another job as quickly as possible;
8. visiting the job site, with the participant's permission;
9. providing referrals to available education and training resources, as needed, to increase an employed participant's skills or to help the participant qualify for advancement and longer-term employment while receiving cash assistance and for 12 months following the loss of cash assistance.
The philosophy behind providing post-employment services is that participants will;
• retain their jobs for longer periods of time;
• improve their wage levels; and
• identify new personal skills and potential ways to pursue the move toward self-sufficiency.
3441 Post Employment Services Specific to TANF - Services are designed to help the client avoid exhausting their lifetime TANF limit on assistance.
3441.1 Work Incentive Payment Program - This payment is designed for those cases where ineligibility for TANF exists due to excess income when earned income is involved. This payment will assist clients in maintaining employment and can be issued for five consecutive months beginning the first month of ineligibility following a benefit eligible month. The Work Incentive payment is not available when TANF ineligibility is due to the income of a family member who is not in the cash assistance plan (Coded FRE). (See KEESM 1111 for specific requirements to the Work Incentive Payment)
3441.2 Work Retention Payment - Upon documentation of employment that discontinues the TANF benefits making the client eligible for transitional services or the Work Incentive Payment, the career navigator may issue a Work Retention Payment. The first day of the month that TANF is discontinued, the career navigator may issue a $100.00 support payment on the client’s EBT account and send the W-806 notice. When the client can document they have worked 90 consecutive days from the discontinuance of their TANF benefits without a break of more than 2 working days, the career navigator will post a $300.00 support payment to the client’s EBT account and send the W-806 notice. These payments will not count against any food assistance benefits as they are issued as support benefits. The payment shall be issued under the Unsubsidized Employment activity. The client must provide documentation post marked no later than day 100 after the discontinuance of TANF benefits to receive the Work Retention Payment. The career navigator will give the client the date by which the 90 day documentation is due when they send the W-806 for the first $100.00 payment. This will be the client’s only notification for the due date of the documentation to receive the $300.00 payment. The client may continue to receive the Work Incentive payment in conjunction with the Work Retention Payment. The Work Retention Payment will not count as TANF months on the client’s case. The Work Incentive Payment will always count as TANF months on the client’s case.
3500 Failure to Meet Work Related Requirements
3510 Effect of Failure to Meet Work Related Requirements on Eligibility - There shall be ineligibility for benefits when a non-exempt person fails or refuses to meet work related requirements without good cause. See KEESM 3540 for a Potential Employment Violation.
Penalties and violations can result in a hardship to the family without other alternatives of support, so they must be applied with care and consideration. To ensure the appropriate and uniform application of policy, the following guidelines must be followed in all instances of employment services non-cooperation.
There is documented evidence that the person was made aware of the specific participation requirement.
There is documented evidence that the client is aware of Employment Services requirements and the consequences of failing to cooperate.
The expectations must be realistic for the person to complete.
3511 Effect of Failure to Meet Work Related Requirements for Non-Recipients - For a failure occurring while the person is not a recipient, (e.g., application is pending and there has been a potential employment violation or there is a required employment services failure), there is ineligibility until the failure or refusal ceases.
Such failure or refusal does not incur a penalty in cash assistance or food assistance for purposes of establishing a first or subsequent penalty.
3511.1 Effect on TANF Eligibility for Non-Recipients - T he mandatory filing unit of which the individual is a member shall be ineligible except in situations where the mandatory individual who fails the requirements is a child who is not able to act in their own behalf. In that circumstance, only the minor parent is ineligible. This failure results in a denial for cash benefits and is NOT considered a penalty nor does it count towards establishing a first or subsequent penalty. Note: See 2230 on treatment of teen parents not enrolled in school.
3511.2 Effect on Food Assistance Eligibility for Non-Recipients - For food assistance, the only work related provisions that apply to applicants are the Potential Employment provisions of 3540 . Only the individual who failed to comply is ineligible. Eligibility for the remaining household members shall be determined considering the individual who failed to comply as an excluded household member.
3512 Effect of Failure to Meet Work Related Requirements for Recipients - For ongoing TANF and Food Assistance E&T cases, the penalty shall be established giving timely and adequate notice.
When individuals are ineligible under this provision, their ineligibility will follow them and affect any mandatory filing unit (MFU) they are associated with. If a non- sanctioned member of the ineligible MFU leaves and joins a different MFU, they may reapply for benefits.
3512.1 Effect on TANF Eligibility for Recipients - Employment Services Program Administrator or Employment Services Supervisor approval is required for all work program penalties.
At the point non-cooperation is first reported or discovered, the career navigator must check with Prevention and Protection Services (PPS) to determine if there is any PPS activity that might support good cause for failing to meet requirements.
If a person fails to cooperate with their assigned Employment Services activity and is also participating in the Domestic Violence/Sexual Assault activity, the career navigator will contact the DV/SA advocate to determine if there is good cause for failing to cooperate with the additional activities assigned.
All notices will inform clients they may call any time prior to an appointment to request a date or time change and up to a 24-hour grace period after they have missed an appointment to report good cause for non-cooperation. The career navigator has the option to request good cause documentation for situations including but not limited to
• Conflicting appointments
• Medical emergencies or family illness
• Family emergencies
If the client calls prior to the appointment requesting a change in the time or date the career navigator will set up a new date and/or time. A new appointment notice will be sent to document the change in the system. Good cause documentation may be requested if needed due to multiple cancellations or other suspicious circumstances.
If the client calls within the 24-hour grace period after the appointment is missed, the career navigator will determine good cause based on KEESM 3530. If good cause is met a new appointment will be made and a new appointment notice documenting the change will be sent.
If the client calls after the 24-hour grace period has expired, good cause may be requested and an Employment Service Program Administrator will review the case circumstances to determine if the penalty notice should be rescinded.
If good cause documentation is requested prior to the appointment, during the 24-hour grace period or after the 24-hour grace period, the career navigator will allow up to 10 days for it to be mailed or brought into the DCF office. Good cause will only be requested if the client contacts the DCF career navigator.
NOTE : If a disqualification is imposed on a TANF household for failure to comply with TANF work related requirements and the disqualification period will begin prior to the twenty-fourth month of TANF and the household also receives food assistance, the agency shall impose the same disqualification on the member of the food assistance household who failed to comply with the TANF requirements. See 2550 .
If a client has reached the lifetime limit for TANF and has failed to comply with TANF work related requirements without good cause, the current hardship will be ended and the TANF case will close for exceeding the lifetime limit. No penalty will be applied to the TANF case and no comparable penalty will apply to the individual on the food assistance case.
See KEESM 2243 and 2243.1 .
For a failure to cooperate with employment services requirements while the TANF Mandatory person is in recipient status, the penalty period of ineligibility applies to the mandatory TANF filing unit the penalized person is a part of, unless the individual responsible for the failure is a teen parent under 18 who is unable to act in their own behalf and is being treated as a child on the case. In this circumstance, only the individual teen parent is ineligible for assistance.
NOTE : See 2230 on treatment of teen parents not enrolled in school.
NOTE : Penalties accrued by a minor who is unable to act in their own behalf do not count as a first or subsequent penalty when the minor becomes an adult cash assistance recipient.
The period of ineligibility for TANF is as follows:
First Penalty: The mandatory filing unit (MFU) will be ineligible for cash benefits a minimum of 3 Months. The family will have to reapply for cash benefits at the end of the 3-month period. (See 3522 - Re-Establishing Eligibility)
Second Penalty: The MFU will be ineligible for cash benefits a minimum of 6 months. The family will have to reapply for cash benefits at the end of the 6-month period. (See 3522 - Re-Establishing Eligibility)
Third Penalty: The MFU will be ineligible for cash benefits a minimum of 1 year. The family will have to reapply for cash benefits at the end of the 1-year period. (See 3522 - Re-Establishing Eligibility)
A fourth and subsequent penalties will result in TANF ineligibility for ten years for the individual and the MFU they are associated with. Penalties for children in the MFU will not count against the child when the minor becomes an adult cash recipient.
The penalty is cured when the individual(s) completes the mandatory minimum ineligibility period.
3512.2 Effect on Food Assistance Eligibility for Recipients - There is ineligibility for the individual for food assistance when the local DCF office has evidence that a Food Assistance Mandatory E&T participant, without good cause, failed to cooperate with Food Assistance Mandatory E&T requirements or failed to meet 30-hours per week of verifiable participation in Food Assistance Mandatory E&T countable activities.
If the recipient of food assistance obtains a Food Assistance "Not Meeting Work Requirements" violation, tiered disqualifications of 3 months, 6 months or 12 months are applied. (Note: 3rd and subsequent violations will result in a 12-month disqualification).
Good cause shall be determined by Employment Services based on the provisions of 3530 and 3530.1 .
Food Assistance "Not Meeting Work Requirements" violations for Food Assistance Mandatory E&T participants shall be tiered with Potential Employment violations.
Example: Sue fails to participate with the Food Assistance Mandatory E&T program to meet her 30-hour per week requirement. She has a previous potential employment violation which is to be tiered with the Food Assistance "Not Meeting Work Requirements" violation. This will be her second violation and she will be ineligible for Food Assistance for 6 months.
A Good Cause notice must be sent to the client by the E&T non-compliance coordinator if a Food Assistance Mandatory E&T client:
misses an appointment, scheduled class, or activity; or
does not provide verification of 30 hours of weekly participation.
The client must be given 10 days to provide good cause before a penalty can be requested.
The penalty is cured when the individual completes the mandatory minimum ineligibility period.
3512.3 Effect on Child Care Eligibility for Recipients - When a child care recipient is penalized for non-cooperation with work programs, child care must remain open at the current benefit level (no increase in family share deduction and no decrease in hours of care authorized) for the remainder of the current 12-month eligibility period unless one of the situations listed in 7640 should occur. At the end of the 12-month eligibility period when the case is reviewed, the family must meet all eligibility criteria to be approved for another 12-month eligibility period.
3520 Determination of Failure to Cooperate - When failure or refusal to meet work related requirements without good cause is established, notification must be sent and benefits affected as appropriate. If a case is changed to discontinued or transitional status (e.g., client’s request, failure to complete review, etc.) prior to the determination of a penalty, notification is still required in order to establish the penalty. Employment Service penalties cannot be applied for actions (failure to cooperate) taken after a closure notice has been sent. Employment Service penalties can be applied after the closure notice has been sent if the failure(s) to cooperate occurred prior to the notice of closure and the client is notified of the failure to cooperate in the month of closure or the month immediately following the closure. (See KEESM 1423 ). If the original notice gave timely notification of the closure, adequate notice is all that is required to enact the penalty.
3520.1 Determination of Failure to Cooperate for TANF - The agency cannot reduce or terminate TANF assistance for a single custodial parent with a child under age six when the parent demonstrates an inability to obtain child care needed for participation or employment. The TANF client must be advised of this exception.
3520.2 Determination of Failure to Cooperate for Food Assistance E&T - Food Assistance violation provisions do not apply to persons exempt from food assistance work requirements or ABAWD work requirements.
The violation will be overturned if a client meets a Work Registrant or ABAWD exemption during the violation period with the exception of: performing in-kind or unpaid work for a minimum of 30 hours weekly. (see KEESM 3200 and 3220 )
The violation will also be overturned if a client meets participation requirements before the sanction begins. This can occur through rescheduling and attending a missed mandatory appointment or through turning in participation documents with all required participation hours accounted for before the sanction begins.
3521 RESERVED
3522 Re-Establishing Eligibility
3522.1 Re-Establishing Eligibility for TANF - Eligibility may be established for a new applicant who was denied because requirements had not been met and eligibility shall be reinstated effective the date the minimum penalty period has expired and the client reapplies for assistance.
If the cash assistance individual who failed to comply leaves the cash assistance household and enters a new household, other family members of the first household may be reinstated. The new mandatory filing unit of which the person is a member or the individual if unable to act in own behalf becomes ineligible.
For food assistance situations involving the removal of an individual on an open case for a comparable penalty: Eligibility shall be re-established the month following the month the 3- or 6-month penalty period ends(following the change rules of 9121.1 or 9122.7).
If the food assistance individual who failed to comply leaves the food assistance household and enters a new food assistance household, the food assistance individual remains ineligible until cooperation is established and the penalty period ends.
See Potential Employment requirements in KEESM 3540 .
3530 Good Cause for Failure to Cooperate (TANF and Food Assistance E&T) - The individual shall be determined to have good cause for failure to meet work related requirements (for TANF penalties, Food Assistance E&T violations, potential employment violations or comparable penalties) if the individual presents verification that:
The person was exempt from participation for work related requirements at the time of the failure or refusal, or employment reduction or termination;
There was no bona fide offer of employment or training;
The person was incapable of performing the work or training;
The work or training was so dangerous or hazardous according to OSHA standards as to make the refusal or termination a reasonable one;
The payment offered for employment was less than the federal minimum wage;
Child c are or a dult day care for an incapacitated family member living in the same home, is necessary for an individual to participate or continue participation in work related requirements or accept employment, and such care is not available and the agency fails to provide such care;
The total daily commuting time to and from home to the work site or activity to which this individual is assigned exceeds two hours, not including the transporting of a child to and from a child care facility. If a longer commuting distance is generally accepted in the community, the round trip commuting time shall not exceed the generally accepted community standards; or
The failure occurred during the period of time from the termination of the person's pregnancy through the two following months.
A single custodial parent has demonstrated the inability to obtain needed child care for a child under 6, because of one or more of the following reasons: Unavailability of appropriate child care within a reasonable distance from the individual's home or work site. Unavailability or unsuitability of informal child care by a relative or under other arrangements. Unavailability of appropriate and affordable formal child care arrangements.
The person is a victim of sexual harassment or a survivor of domestic violence, sexual assault, or stalking whereby compliance with program requirements would increase risk of harm for the individual or any children in the individual's care. Examples are: Physical acts resulting in or threatening to result in physical injury; Stalking; Sexual harassment, sexual abuse, sexual activity involving dependent children, or threats of or attempts at sexual abuse; Mental abuse, including threats, intimidation, acts designed to induce terror, or restraints on liberty; or Deprivation of medical care, housing, food or other necessities of life. An individual's statement and one piece of corroborating evidence shall meet the burden of proof unless there is an independent, reasonable basis to doubt the veracity of the statement. Evidence may include, but is not limited to, police or court records, protection from abuse (PFA) orders (filed for and/or obtained) or documentation from a shelter worker, attorney, clergy, medical or other professional from whom the client has sought assistance; or other corroborating evidence such as a statement from any other individual with knowledge of the circumstances which provides the basis for the claim, or physical evid ence or any other evidence which supports the statement of sexual harassment, domestic violence, sexual assault, or stalking. Exception: In extremely rare situations such as when an individual is in hiding and afraid that there could be information disclosed that could reveal the individual's whereabouts and when the worker does not doubt the veracity of the individual's statement, a written statement from the victim signed under penalty of perjury shall meet the burden of proof.
In rare situations there may be other extenuating circumstances not provided for in the above criteria which results in the inability of the agency to determine whether the refusal to meet the employment service program requirements, or the employment refusal or termination, was with or without good cause. In such cases, a presumption may be made in the favor of the applicant/recipient and the basis for the decision must be documented in the case record.
3530.1 Additional Good Cause (Mandatory Food Assistance E&T Program only)
The individual shall be determined to have good cause for failure to meet mandatory Food Assistance E&T requirements if the individual presents verification of the above reasons or the following reasons:
1. Illness or injury-verification of the illness or injury may be required in questionable cases.
2. Lack of transportation-in these cases, transportation assistance will be provided for the client to attend a rescheduled appointment or activity, or if there is not public transportation, a phone appointment will be rescheduled.
3. No openings in Mandatory Food Assistance E&T available. The client will be given good cause until there is an available opening. If they are not meeting ABAWD requirements during this time, their ABAWD months will count.
3540 Potential Employment Violations -
Potential Employment provisions do not apply to persons exempt from employment service TANF or food assistance requirements with the exception of food assistance persons exempt per 3220 (1) (Employed).
Ineligibility shall not result when a person who has failed potential employment requirements has resumed employment prior to the establishment of ineligibility and the employment is equivalent to at least 30 hours a week at the federal minimum wage.
This provision shall not apply to a person age 19 or younger (including the month in which the person turns age 20) when the person is pregnant or a parent of a child in the home and the person does not possess a high school diploma or its equivalent. This provision is not applicable to this group of persons because the agency's emphasis with them is upon attainment of a high school level of education. Potential employment is also not applicable to a person who is actively working with a Job Corps recruiter.
3541 Potential Employment Violation for Applicant There is ineligibility for cash assistance and for the individual only for food assistance when the local DCF office has evidence that an applicant, during the month of application or preceding month, for jobs of at least 30 hours per week: (1) refused a job referral; (2) refused a job offer; (3) quit a job; (4) was terminated from a job because the person voluntarily rendered him/herself unacceptable; or (5) voluntarily reduces hours of employment from 30 or more hours per week to less than 30 hours per week and reduces monthly gross earnings to less than 30 hours a week multiplied by the federal minimum wage. For applicant situations in which a denial occurs for reason of potential employment and the person re-requests assistance within the application processing period (45 days cash, 30 days food assistance) discussed in 1414.2 (3) , the potential employment violation must be cured in order to establish eligibility. If in this situation the person requests assistance after the processing period (45 days cash, 30 days food assistance) and the potential employment violation occurred prior to the month of new application and the preceding month, then the potential employment issue does not affect the new request for assistance and does not have to be resolved. For potential employment violations in the month of application or preceding month, the person can re-establish eligibility by completing 20 job contacts. Good cause shall be determined by eligibility based on the provisions of 3530 and 3530.1 or a client's self-declared disability.
3542 Potential Employment Violation for Recipient If the recipient of cash or food assistance obtains a potential employment violation, tiered disqualifications of 3 months, 6 months, 12 months, or 10 years (cash only) are applied. (see 3512 ) A disqualification shall not result when a person who has failed potential employment requirements has resumed employment prior to the establishment of ineligibility and the employment is equivalent to at least 30 hours a week at the federal minimum wage or becomes exempt. Good cause shall be determined based on the provisions of 3530 and 3530.1 .
3542.1 Recipient Status for TANF Clients There is ineligibility for cash assistance and for the individual only for food assistance when the local DCF office has evidence that a recipient without good cause: (1) refused a job referral; (2) refused a job offer; (3) quit a job; (4) was terminated from a job because the person voluntarily rendered him/herself unacceptable; or (5) voluntarily reduces hours of employment. If the recipient of cash or food assistance obtains a potential employment violation, tiered disqualifications of 3 months, 6 months, 12 months, or 10 years (cash only) are applied. (see 3511.2 ) For Food Assistance, they remain ineligible for assistance until the disqualification period expires, with a maximum length of ineligibility at 12-months. If after the 12th month they haven’t cooperated, the person shall be re-added for the 13th month. A disqualification shall not result when a person who has failed potential employment requirements becomes exempt or has resumed employment prior to the establishment of ineligibility and the income from the new employment is equivalent to the previous employment. Good cause shall be determined by employment services based on the provisions of 3530 . 3542.2 Recipient Status for Food Assistance Clients
There is ineligibility for the individual only for food assistance when the local DCF office has evidence that a recipient without good cause, for jobs of at least 30 hours per week: (1) refused a job referral; (2) refused a job offer; (3) quit a job; (4) was terminated from a job because the person voluntarily rendered themselves unacceptable; or (5) voluntarily reduces hours of employment from 30 or more hours per week to less than 30 hours per week and reduces monthly gross earnings to less than 30 hours a week multiplied by the federal minimum wage.
For Food Assistance, they remain ineligible for assistance until the disqualification period expires, with a maximum length of ineligibility at 12 months. If after the 12th month they haven’t cooperated, the person shall be re-added for the 13th month.
NOTE : Mandatory E&T participants who are non-exempt and not working a minimum of 30 hours a week and/or failed to meet 30 hours per week participation in the Food Assistance E&T program will be subject to a food assistance violation. This violation will be tiered with potential employment violations and will have the same tiered disqualifications of 3 months, 6 months or 12 months.
Example: Sue fails to participate with the mandatory Food Assistance E&T program to meet her 30 hour a week requirement. She has a previous potential employment violation which is to be tiered with the food assistance violation. This will be her second violation and she will be ineligible for Food Assistance for 6 months.
Good cause shall be determined by employment services based on the provisions of 3530 and 3530.1 .
NOTE: In some situations, the agency learns that a food assistance individual quit a job (without good cause) that was not reported or required to be reported due to the 130% threshold. If the job quit did not take place in the month it is discovered or the prior month, a potential employment disqualification cannot be applied. This includes job quits identified at the time of IR or review processing.
4000 - Assistance Planning With Individual Applicants/Recipients - "See Policy Memo # 99-10-01 re: "Assistance Planning When a Person Other Than the Parent is the Caretaker and the Parent Enters the Home".
This section sets forth guidelines regarding assistance planning in the cash, medical, food assistance and child care programs. The term "assistance planning" now encompasses the food assistance term "household composition" and the child care term "case structure."
4100 Assistance Planning for the Cash Programs
Assistance planning relates to the consideration of certain individuals living together as a family group. The assistance plan shall consist of those members in the family group who are part of the mandatory filing unit and who are applying for or receiving cash assistance, plus other family group members for whom assistance is requested. A family group is defined as the client and all individuals living together in which there is a legal and/or caretaker relationship. (See 2220 for temporary absences.) (See the Appendix for definitions for caretaker and legally responsible person.) All persons who are members of the mandatory filing unit shall be included in the assistance plan unless permitted to be excluded by provisions of this section. The mandatory filing unit is defined as those persons within the family group who are required to be included in determining eligibility and amount of benefits. Failure to include a mandatory filing unit member or to provide information about a mandatory filing unit member necessary for determining eligibility may result in ineligibility for the entire assistance plan.
The exclusion of a mandatory filing unit member from the assistance plan as described in the following provisions shall not alter the composition of the filing unit (except as noted for SSI recipients.) The excluded individual would still be regarded as a filing unit member and his or her nonexempt income and resources would be considered in determining eligibility and amount of benefits for the remaining persons in the assistance plan. (See 5200 (6) ). However, the individual would not be eligible and his or her needs would be excluded from the eligibility and benefit determination. The income and resource provisions contained in 5200 (6) and 6100 (4) would be applicable, except the earned income deductions and disregards would not be deducted from his or her earnings in accordance with 7212 .
4100 Assistance Planning for the Cash Programs
Assistance planning relates to the consideration of certain individuals living together as a family group. The assistance plan shall consist of those members in the family group who are part of the mandatory filing unit and who are applying for or receiving cash assistance, plus other family group members for whom assistance is requested. A family group is defined as the client and all individuals living together in which there is a legal and/or caretaker relationship. A Cohabitating boyfriend/girlfriend of the legally responsible person of the child will be included as part of the mandatory filing unit. (See 2220 for temporary absences.) (See the Appendix for definitions for caretaker and legally responsible person.) All persons who are members of the mandatory filing unit shall be included in the assistance plan unless permitted to be excluded by provisions of this section. The mandatory filing unit is defined as those persons within the family group who are required to be included in determining eligibility and amount of benefits. Failure to include a mandatory filing unit member or to provide information about a mandatory filing unit member necessary for determining eligibility may result in ineligibility for the entire assistance plan.
The exclusion of a mandatory filing unit member from the assistance plan as described in the following provisions shall not alter the composition of the filing unit (except as noted for SSI recipients.) The excluded individual would still be regarded as a filing unit member and his or her nonexempt income and resources would be considered in determining eligibility and amount of benefits for the remaining persons in the assistance plan. (See 5200 (6) ). However, the individual would not be eligible and his or her needs would be excluded from the eligibility and benefit determination. The income and resource provisions contained in 5200 (6) and 6100 (4) would be applicable, except the earned income deductions and disregards would not be deducted from his or her earnings in accordance with 7212 .
4110 Cash Mandatory Filing Unit - All nonmandatory filing unit members in the family group may be included or excluded at the applicant/recipient's request. Failure to include a mandatory filing unit member or to provide information necessary for determining that individual's eligibility may result in ineligibility for the entire mandatory filing unit. In particular, if it cannot be determined who is required to be a member of the mandatory filing unit as a result of an individual's failure to cooperate in providing necessary information or in complying with an eligibility requirement that is within the individual's control, those persons who would otherwise be required to be in the mandatory filing unit had the individual cooperated shall be ineligible for assistance.
4111 TANF Included Members - The mandatory filing unit shall include the following family group members:
The child for whom assistance is requested, and in the instance of a pregnancy, the unborn child;
Blood related and adoptive minor siblings (including unborn siblings) of the child or unborn;
The parent (biological or adoptive), and spouse of the parent, of all children included in the mandatory filing unit. The parent shall not be included if parental rights have been severed or terminated by court action;
Cohabiting boyfriend/girlfriend living with the person legally responsible for the child; and
The children of any person mandated in the filing unit per (1), (2), (3) or (4) above.
A result of these provisions is that when any person is mandated in the filing unit, any child or spouse of that person is also mandated, including the cohabiting boyfriend/girlfriend. When a child is mandated in the filing unit, that child's parents and siblings (biological or adoptive) are also mandated. For mandatory filing unit purposes, an unborn child is considered a child.
A family group may consist of more than one mandatory filing unit. In such instances, all mandatory filing units in need of cash assistance must be included in a single assistance plan.
See 2221 for information on joint custody situations.
4111.1 Person in Home Considered Father - When a person in the home with a child is considered the father based on statements from the applicant(s) or other documentation as appropriate, he shall be treated as the father for assistance planning purposes. However, he needs to be referred to CSS for paternity testing in accordance with the provisions in 2167 . Failure to cooperate with CSS will be treated in accordance with the provisions in 2165 .
4113 Cash Excluded Members - Certain persons in the mandatory filing unit , however, shall be excluded from the assistance plan because they are not eligible, such as those listed below.
SSI recipients (including 1619(b) recipients). The individual will be excluded from the benefits and the household size.
Persons who are ineligible due to a sanction or other special provisions such as for failure to meet social security number requirements ( 2130 ); fraud committed prior to 1/1/12 ( 11221) ; time limited assistance ( 2240 ); a minor parent under the age of 18 who is unable to act in own behalf fails to cooperate with CSS [ 2165 , 2165 (1) , 2165.1 (1) (a) and 2165.1 (2) ]; a minor parent under the age of 18 who is unable to act in his own behalf fails to cooperate with work programs ( 2230 ); other program requirements ( 2182 ). For sanctions, see also, work related requirements ( 3510 ). See specified sections for persons ineligible and appropriate periods of ineligibility. The individual will be excluded from the household size.
Persons who are in the custody of the state whose needs are met through foster care payments. Although the person receiving foster care payments is excluded, the person, if in the home, is to remain a part of the mandatory filing unit in which case the person's income and resources would be considered in determining eligibility for others in the plan. Note that foster care payments are exempt per 6410 . The individual will be excluded from the household size.
Persons who do not meet citizenship and non-citizenship requirements per 2140 or sponsorship provisions. The individual will be excluded from the household size.
Persons who are either fugitives from justice by reason of a felony conviction or charge or in violation of a condition of probation or parole imposed under federal or state law. See 2182 . The individual will be excluded from the household size.
When any of these individuals become eligible to again receive assistance (e.g., fraud penalty ends), the person must be included in the assistance plan. See 7401 (2) or the section pertaining to the eligibility requirement for provisions for adding the person to the plan.
4120 Additional Provisions for Cash Assistance Planning - See Policy Memo # 00-12-03 re: "Access to Benefits for Qualifying and Non-qualifying Aliens and Their Families".
When assistance is requested for a person not included in the current assistance plan, such person shall be treated as a new applicant in determining eligibility and amount of payment. (See 7401 .)
An individual excluded from the assistance plan may not have his or her eligibility determined utilizing a separate cash plan.
A common-law marriage establishes legal responsibility provided the parties: have the legal capacity to enter into a marriage (meets the age criteria and is not already married to another individual); consider themselves presently married; and hold each other out as married to the public. The "Statement of Common-Law Marriage" form in the Appendix section may be used to document this relationship. If a common-law marriage relationship has been established for medical coverage and documented on the shared eligibility system, DCF can accept this relationship status. However, when completion of the form is requested, negative action for failure to complete it shall not be taken unless the marriage relationship affects the determination of eligibility or benefit amount. NOTE: A common-law marriage is not acceptable for the paternity screening process discussed in 2167 .
Cohabitants, living with a child’s legally responsible adult, will have their income and resources used in determining eligibility and benefit amount.
Failure to include a mandatory filing unit member as indicated in items (1) and (2) above, may result in ineligibility for the entire assistance unit. If it cannot be determined who is required to be a member of the mandatory filing unit as a result of an individual's failure to cooperate in providing necessary information or in complying with an eligibility requirement that is within the individual's control, those persons who would otherwise be required to be in the mandatory filing unit had the individual cooperated shall be ineligible for cash assistance. In addition, when an applicant/recipient refuses to provide information concerning a mandatory filing unit member, it may not be possible to determine the assistance unit's eligibility or payment (e.g., the individual has unreported income or resources). In such instances, eligibility would also be denied to the entire unit. However, if the individual refuses to comply with an eligibility requirement (e.g., applying for or providing an SSN), he or she would be treated as a sanctioned individual and excluded from the plan without affecting the entire unit as long as eligibility can be otherwise determined. In such instances, the excluded individual would not alter the composition of the filing unit and he or she would still be regarded as a filing unit member in accordance with 4111.1 and 4112 above. Refer to 11124 for the calculation of overpayments when a person who is required to be included in the assistance plan was not included.
4130 Independent Living Assistance Planning - The following provisions assistance planning apply to all individuals and assistance families who live in their own homes (renting, living with friends or relatives, homeless, etc.) and to persons living in room and board situations, but do not apply to persons in specialized living arrangements (see 4160 ):
For TANF, budgetary standards are determined by the number of persons in the assistance plan. For households in which there are persons who are excluded from the assistance plan, a shared living arrangement exists except as provided in 7411 (1) (b), (c) and (d). The shared living need standard recognizes that non-assistance household members have some responsibility for shelter expenses.
When a person is temporarily absent per 2220 and does not meet the criteria of absence for TANF per 2163 , he is to be considered as a member of the household and the assistance plan shall include his needs and resources.
For cash assistance applicants/recipients (adults and children) who are temporarily receiving care in a medical facility (e.g., hospital, nursing facility, etc.), the following provisions apply: Cash assistance applicants may be approved for cash assistance if the medical care is not scheduled to exceed two calendar months following the month of admission. Cash assistance recipients may continue to be included in the cash assistance plan if medical care is not expected to exceed two calendar months following the month of admission. Newborn children of cash applicants/recipients who remain hospitalized after birth may be eligible for cash assistance if the hospitalization is not expected to exceed 2 calendar months following the month of birth.
VR will be responsible for maintenance, medical, and training needs of those in a VR training program.
4140 Institutional Assistance Planning - There is no cash assistance eligibility for an individual residing in an institution except for specialized living arrangements. (See 4160 .) However, eligibility may be provided to cash assistance applicants and recipients who are temporarily absent from their homes for short term care (including diagnosis) in a hospital or other medical institution. (See 4130 ).
This category of assistance planning applies to individuals who reside in an establishment where food and shelter are furnished to four or more persons unrelated to the proprietor and, in addition, some treatment or services are provided which meet some need beyond the basic provision of food and shelter. The type of institution (public or private), the purpose of being in the institution (medical or nonmedical), the length of stay, and whether Medicaid makes substantial payments on behalf of the individual are factors that determine whether the individual will establish, retain, or lose eligibility for assistance and the amount of income protected to meet maintenance needs. Institutional living arrangements include but are not limited to nursing facilities, hospitals, psychiatric facilities, licensed nonmedical residential care facilities, and other facilities (such as certain elderly high rises) which meet the above definition. In some instances, the determination of whether a living arrangement meets the definition of institution will need to be made on a case by case basis. What is important is that the arrangement meet all of the previously mentioned criteria (i.e., food, shelter, and some service provided to 4 or more persons).
4141 Penal Institutions - There is no eligibility for an individual who is:
Physically residing in a jail or penitentiary.
An accused person or convicted criminal under the custody of the juvenile or adult criminal justice system. A person can receive assistance if there is no indication of custody, or if in a status of: pardoned; released on his or her own recognizance; on probation, parole, bail or bond; or participating in a prison diversion program which is operated by a privately supported facility (i.e., a facility which operates without financial or administrative support from the State).
In rare instances a person considered in custody could also be in a status indicated in (a), (b), (c), or (d) above. Such person could receive assistance. Either the court record or a document in the possession of the client should be available to clearly establish any of these statuses.
NOTE : Since "house arrest" is a term used across the state for a variety of situations, this status cannot be used to confirm eligibility requirements. It is only an indication to look for applicability of another status above in determining eligibility. It is recognized that many clients considered in house arrest will be eligible for assistance as there will be no actual custody indication.
4150 Home and-Community Based Services (HCBS) Assistance Planning - This category of assistance planning applies to individuals who receive care through the State's approved home-and-community based services waivers. Such care may be provided in either a noninstitutional (e.g., own home, adult facility home, etc.) or institutional (e.g., residential care facility) (setting and may be either medical and/or non-medical in nature. Individuals receiving HCBS may be eligible for cash.
4160 Specialized Living Assistance Planning - Individuals in specialized living arrangements may be eligible for cash assistance.
This category of assistance planning applies to individuals who reside in non-medical living arrangements which are publicly funded or funded by not-for-profit agencies or organizations which provide living arrangements for individuals or families having an identified physical, mental, or social condition that requires an element of care or supervision. This would include, but is not limited to, alcohol or drug abuse facilities licensed or certified by AAPS, living arrangements sponsored by community mental health centers or similar agencies, shelter for battered persons, temporary shelters for the homeless, and other non-medical residential care facilities.
4200 - Assistance Planning for the Food Assistance Program - "See Policy Memo # 00-12-03 re: "Access to Benefits for Qualifying and Non-qualifying Aliens and Their Families".
The following provisions apply when determining food assistance household composition.
4210 Household Composition - A household may be composed of any of the following individuals or groups of individuals and separate household status can be granted to:
An individual living alone;
An individual or group of individuals living with others, provided they do purchase food and prepare meals for home consumption separate and apart from the others; NOTE: This provision applies to any person who has a severe permanent incapacity which renders him/her unable to purchase and prepare his/her own meals, but who has arranged to have his/her meals purchased and prepared separately from those with whom he/she lives. If the incapacity is not obvious, it must be confirmed by a doctor's statement.
A group of individuals who live together and customarily purchase food and prepare a majority of their meals together for home consumption;
An elderly individual and his/her spouse living with others and customarily purchasing and preparing meals with the others if:
Separate household status is requested for the individual or couple; and The elderly individual has a severe permanent incapacity which renders him/her unable to purchase and prepare his/her own meals. If this limitation is not obvious, it must be confirmed by a doctor's statement; and The gross countable income of the remaining household group (excluding the income of the elderly individual and his/her spouse) does not exceed 165 percent of the net income limit for the number of individuals in the remaining household group. To establish this figure, refer to the food assistance allotment tables ( F-2 ) for the current net income limit for the number of individuals in the remaining group then multiply this limit by 1.65. The elderly individual requesting separate household status is responsible for obtaining the cooperation of the individual(s) with whom he/she resides in providing necessary income information.
Persons 22 or older living with a parent and they purchase and prepare a majority meals separately.
4211 Included Members - The following individuals living in the household must be included in the food assistance household even if they claim they do not customarily purchase and prepare a majority (over 50%) of meals together for home composition:
Children under 18 years of age under the parental control of a member of the household. Foster children and children in the permanent guardian subsidy program under 18 years of age under the parental control of a member of the household shall be treated as boarders per 4220 unless the household requests that the foster children be included as household members.
A child age 18 - 21 living with a parent (natural, adoptive, or step), including when the child also lives with his or her spouse or his or her children and they purchase and prepare meals separately;
A spouse of a member of the household. Spouses are considered to be living together even when one spouse is away from home for purposes of employment or education/training, provided they return home at least one day a month.
A parent (biological, adoptive, or step) who lives with a child 21 years of age or younger. The parent shall not be included if parental rights have been severed or terminated by court action and he or she purchases and prepares meals separately and otherwise qualifies for separate household status.
NOTE: See the definition of spouse in Definition of Common Terms, Appendix item X-6. NOTE: The boyfriend father of an unborn child shall not be considered a parent for the purposes of this provision until the child is born. Therefore, if the mother and boyfriend father claim that they separately purchase and prepare their meals, the boyfriend father does not have to be included on the food assistance case of the mother (provided there are no other mutual children). When the baby is born, the boyfriend father must be included on the case the month following the month the newborn is included on the food assistance case. This will allow time to gather needed income information, etc regarding the father.
NOTE: Joint Custody Situations - In situations of joint custody where a child resides with each parent within a calendar month, and both parents are applying for food assistance, the parent who has the primary responsibility for exercising parental control, and for the purchase and preparation of over 50% of the child's meals, may apply and receive food assistance for that child if otherwise eligible. Eligibility for food assistance for the child or children in joint custody (50-50) cannot be split between the separate parents and, therefore, both parents cannot receive benefits for the same child for the same month. If neither parent can be shown to be the parent with whom the child resides and purchases and prepares meals a majority of the time (over 50%) and no other factor shows that one parent has the primary responsibility for the child, then the parents must designate which household will include the child. If the parents will not designate which household will include the child, then the parent who applied for assistance first will receive benefits for the child. If only one parent is applying for food assistance benefits in joint 50-50 situations, then the child(ren) are to be included in the food assistance household with that parent. This only applies in joint 50-50 situations where the child(ren) live in the home of each parent 50% of the time. If the only parent applying does not provide over 50% of the child’s meals, that parent cannot get assistance at all for the children. No additional statements from either of the parents regarding the living or eating arrangements of the children should be requested as they are not needed to provide assistance to the children in a joint custody situation when only one parent is requesting assistance.
4212 Nonhousehold, Excluded and Disqualified Members
4212.1 Nonhousehold Members - The following individuals residing with a household shall not be considered household members in determining the household's eligibility, allotment or household size for the standard deduction. Nonhousehold members who are otherwise eligible may participate in the program as separate households.
Roomers - Individuals to whom a household furnishes lodging, but not meals, for compensation.
Live-In Attendant - Individuals who reside with a household to provide medical, housekeeping, or other similar personal services.
Students - Persons described in 2530 who do not meet at least one of the qualifying conditions of 2531 . NOTE: If the student is also an ineligible non-citizen, the provisions of 4212.2 (3) apply. Also see 6510 (2)(c) for a discussion of the treatment of the students income and 6520 (2) (c) for treatment of the student's expenses.
Boarders - Individuals or groups of individuals defined as boarders in 4220 , except as specified in that section.
Others - Other individuals who share living quarters with the household but who do not customarily purchase food and prepare meals with the household. For example, if an applicant household shares living quarters with another family to save on rent but does not purchase and prepare food together with that family, the members of the other family are not members of the applicant/participant household.
Failure to Cooperate with Quality Assurance - Persons who are terminated from food assistance for failure to cooperate with Quality Assurance per 2123 will be excluded household members should any household members join another household that is either receiving or applying for food assistance. Example: Case consists of father and one child. Father refuses to cooperate and the food assistance case is closed. Father and child go to live with the child's mother, already getting food assistance. Father and child are both excluded household members until the father cooperates or provides verification in accordance with 2123 .
Persons who are not eligible for separate household status in accordance with 4210 , shall not be granted non-household member status under this provision.
See 6500 for treatment of income and resources of non-household members.
4212.2 Excluded Household Members - The following individuals residing with a household shall not be included when determining the household's size for the purpose of assigning a benefit level to the household, of comparing the household's monthly income with the income eligibility standards or when determining the household size for the standard deduction. The resources of such excluded individuals shall be counted in their entirety to the remaining household members. A pro rata share of the income of such excluded persons shall be considered available to the remaining household members as specified in 6510 (2) (a) and 6520 (2) (a).
Excluded household members may not participate in the Food Assistance Program.
Failure to Provide or Apply for SSN - Individuals excluded for failure to provide or apply for a Social Security number as set forth in 2130 .
Ineligible ABAWDs - Persons who have received their 3-month-time-limited benefits and no longer qualify for food assistance.
Ineligible Non-citizens - Individuals who do not meet the citizenship or eligible non-citizen status requirements of 2140 .
Noncompliance With Food Assistance Work-Related Requirements - Individuals disqualified for noncompliance with food assistance work related requirements per 3510 , including Potential Employment provisions of 3540 .
Comparable Treatment for TANF Disqualifications - Individuals determined ineligible due to the provisions of 2550.
Persons disqualified from the Food Distribution Program on Indian Reservations (FDPIR) and the disqualification is being applied to the food assistance program for the remainder of the FDPIR disqualification period. Also see 2151 and 11221.1 .
Child Support Services Cooperation- Individuals determined to not be cooperating with child support services without good cause.
See 6500 for treatment of income and resources of excluded household members.
4212.3 Disqualified Household Members - The following individuals residing with a household shall not be included when determining the household's size for the purposes of assigning a benefit level to the household or of comparing the household's monthly income with the income eligibility standards. The entire income and resources of a disqualified household member shall be considered available to the remaining household members as specified in 6510 (2) (b). These persons will be included when determining the 130% reporting threshold for simplified reporting cases. See 9122.5 .
Disqualified household members may not participate in the Food Assistance Program.
Fraud - Individuals disqualified for fraud as set forth in 11221 .
Fleeing Felons and Probation/Parole Violators - Individuals disqualified as a fugitive from justice by reason of a felony conviction or charge or in violation of a condition of probation or parole imposed under federal or state law. See 2182 .
Unwilling or Unable to Provide Immigrant Documentation – Non-citizens who are unable or unwilling to provide immigrant documentation per 2143.4 .
Drug Felony related conviction – Individuals convicted of a drug related felony on or after July 1, 2015. See 2184 .
See 6500 for treatment of income and resources of disqualified household members.
NOTE: Special provisions may be needed for cases with a disqualified household member and a benefit reduction is occurring. See 11126.1 (4) .
NOTE: The household loses it's special status per KEESM 7420 if the disqualified individual is the only member of the household that is elderly or disabled.
4213 Individuals or Groups Who May Not Participate - Individuals or groups may not participate in the Food Assistance Program, either as a separate household or as a member of a household, if:
They are residents of an institution, except as specified in 4230 ;
They meet the definition of a boarder in 4220 , except as specified in that section.
4220 Boarders - Boarders are defined as individuals or groups of individuals residing in a commercial boarding facility, or residing with others and paying reasonable compensation to the others for meals.
Boarder status shall not be granted to individuals who would not be eligible for separate household status in accordance with 4211 .
EXCEPTION: Boarder status shall be granted to foster children (or foster adults) and children in the Permanent Guardian Subsidy Program if requested by the household. No portion of foster care or Permanent Guardian Subsidy payments paid on behalf of foster children (or adults) to whom boarder status has been granted shall be included as income to the household providing the care. If the household elects to include the foster children (or adults) as regular household members, the entire foster care or Permanent Guardian Subsidy payments would be considered as income to the household providing the care. Also see 6220 (2) and 6410 .
NOTE: Kinship Care payments are a form of foster care. If relatives are receiving kinship payments for children in their home, the children are in foster care and shall be treated as noted in the Exception above.
4221 Commercial Boarding Facility - A commercial boarding facility is defined as an establishment which offers meals and lodging for compensation with the intent of making a profit. The number of individuals residing in a boarding house shall not be used to determine if a boarding house is a commercial enterprise. The household of the proprietor of a commercial boarding house may participate in the Food Assistance Program if that household meets all the eligibility requirements for program participation; however, the boarders may not participate either as separate households or as a part of the proprietor's household.
4222 Noncommercial Boarding Home - If an applicant household identifies any individual or group of individuals residing with them as a boarder or boarders, the worker must determine if the individual or group meets the definition of a boarder, including a determination of whether the individual or group is paying reasonable compensation for the meals provided.
(This provision does not apply to foster children or foster adults who are identified as boarders.)
To determine if the individual or group is paying reasonable compensation for board, use only the amount paid for meals if distinguishable from the payments for room. If a single payment is made for both room and meals and the meal payment cannot be distinguished, the worker shall use the entire payment to evaluate if reasonable compensation is being paid.
Boarders whose board arrangement is for more than two meals per day shall pay an amount which equals or exceeds the maximum food assistance allotment for the number of people in the boarder household; or
Boarders whose board arrangement is for two meals or less per day shall pay an amount which equals two-thirds (2/3) of the maximum food assistance allotment for the number of people in the boarder household.
Persons in a noncommercial boarding situation who do not pay reasonable compensation for their board do not meet the definition of a boarder and must be considered a member of the household which provides them meals and lodging.
Persons in a noncommercial boarding situation who meet the requirements of the definition of a boarder may not receive food assistance as a separate household but may participate as a member of the household providing them meals and lodging only upon request of that household.
4230 Residents of Institutions - Individuals shall be considered residents of an institution when the institution provides them with the majority of their meals (over 50% of 3 meals daily) as part of the institution's normal services and the institution has not been authorized as a retailer. Residents of institutions are not eligible for participation in the program, with the following exceptions:
Residents of federally-subsidized housing for the elderly, built under either Section 202 of the Housing Act of 1959, or Section 236 of the National Housing Act;
Narcotic addicts or alcoholics who, for the purpose of regular participation in a alcohol or drug treatment and rehabilitation program, reside at an approved facility or treatment center;
Residents of group living arrangements as defined in 2542 who are blind or disabled and receiving Title II (RSDI) or Title XVI (SSI) benefits under the Social Security Act;
Residents of a public or private nonprofit residential facility that serves battered persons and their children;
Residents of public or private nonprofit shelters for homeless persons.
Residents of public institutions who apply for SSI prior to their release from an institution under the SSA's Prerelease Program for the Institutionalized, shall be permitted to apply for food assistance at the same time they apply for SSI.
Refer to 2540 special procedures related to the determination of eligibility, allotment, and the certification of residents of those exempt institutions listed in (1) through (4) above.
Flint Hills Job Corps is considered an institution which provides the resident the majority of their meals, with the exception of the Single Parent Program. As such, residents are not eligible for the Food Assistance Program. Residents of the single parent (mothers and children) are eligible effective October 1, 2005 as Job Corps ceased providing the majority of meals on October 1, 2005.
4240 Residents of Dormitories - Residents of institutions are not eligible for program participation. Dormitories are considered institutions if they provide the student with the majority of his/her meals.
If a student can demonstrate that the dormitory (or institution if the institution is, in fact, providing the meal contract) does not provide him/her with the majority of his/her meals, the student may participate if otherwise eligible. For example, if the dormitory or institution has separate room/board contracts and the student only enters into a "room" contract, the student would not be considered a resident of an institution.
4250 Residents of Halfway Houses - A halfway house is a place that provides temporary accommodations, usually for persons just released from prison. In most situations, room and meals are provided. Residents of halfway houses are considered homeless persons (see definition of "homeless" in Definitions of Common Terms ) and thus are eligible to participate in the Food Assistance Program. Residents may apply on their behalf and are not required to apply by use of an authorized representative of the facility like alcohol and drug abuse facility residents.
4300 - Reserved
4400 - Assistance Planning for the Child Care Program
4410 Included Individuals - The focus of child care is the nuclear family. The nuclear family consists of the following individuals:
An adult who resides with a child or children for whom that adult is the primary caretaker.
Adults who are married to each other, including common-law spouses. (See 4120 (3) .)
Adults who are not married to each other but reside together as boyfriend/girlfriend, regardless of whether or not they have common children, if one of the adults is the primary caretaker of the child for whom assistance is requested.
The minor biological and/or adopted children of the adults on the case who reside in the same household, as well as other children who reside in the household and for whom an adult on the case is the primary caretaker. Foster children are also included if child care is being requested for the foster parent's biological or adopted children. An 18-year-old child in the home who is still in high school will continue to be included in the assistance plan through the month in which he or she turns age 19. An unborn is not considered a child and is not part of the nuclear family or included in the household for family share deduction purposes.
An adult who resides with and is the primary caretaker of a minor parent and his or her child. For the purpose of child care case structure, minors able to act in their own behalf are considered adults, not minors.
There may be only one Primary Applicant on a case. The Primary Applicant is normally the primary caretaker for any minors not able to act in their own behalf.
Legal guardianship or custody of these children is not required, but the Primary Applicant must be an adult or a minor able to act in their own behalf. In cases not involving legal guardianship or custody, if a biological or adoptive parent of a child for whom assistance is requested also resides in the home, that parent must be included in the nuclear family regardless of who claims to be the child’s caretaker, unless that parent is not physically or mentally capable of caring for the child (verified by a qualified professional), or is legally prohibited from caring for the child.
The composition of the nuclear family does not change when one or more of the members is temporarily absent from the household. Persons who meet the definition of temporarily absent in 2220 shall be considered when determining household composition.
4420 Exceptions to the Child Care Assistance Planning - "See Policy Memo # 05-07-03 re: "Clarification Between TANF & Financial Support from Provider to Out-of-home Relative Caretakers".
When a minor teen parent needs child care to finish high school or obtain their GED, the minor's caretaker is designated the Primary Applicant for the case and the Primary Applicant, minor teen parent, other parent (biological or adoptive) of the teen parent’s child who also lives in the home and the teen's children are included on the case. If not a TANF household, the non-exempt income of the minor parent, other parent (biological or adoptive) of the teen parent’s child who also lives in the home and child is considered.
When a child who is qualified for continuing SSI status (receiving SSI or not) is living with a parent-guardian-caretaker and only the SSI child needs child care, only the child's non-exempt income will be considered. If other children in the household need child care, all members of the nuclear family are included on the case and all family member income is considered. SSI is exempt income.
For Foster Care Child Care cases, only the adults in the household and the foster children needing care are included on the case.
5000 - Resources
Resources include real and personal property (other than income). Real property consists of such assets as land, buildings, homes and life estates. Personal property consists of all property other than real estate including cash assets, vehicles, and household goods.
A household's resources at the time the household applies, and any changes in resources reported prior to the processing of the application, shall be used to determine the household's eligibility.
The value of a nonexempt resource, with the exception of vehicles, shall be the client's equity in the resource. Equity is defined as fair market value less encumbrances.
5100 MAXIMUM ALLOWABLE RESOURCE LIMITS
5110 TANF - The maximum allowable nonexempt resources of all members of the mandatory filing unit shall not exceed three thousand dollars ($3,000). This limit applies to the applicant/recipient and all persons for whom he is legally responsible unless the resources are unavailable. There is no resource limit while receiving the Work Incentive payment.
5120 Food Assistance - The maximum allowable nonexempt resources of all members of the household shall not exceed $4,500 for all households with at least one member age 60 or over or with at least one member who is considered disabled for purposes of the Food Assistance Program (see definition of " disabled " in Definitions of Common Terms ). The maximum allowable nonexempt resource limit of $3,000 applies to all other households. This limit applies to all household members, including disqualified and excluded individuals in the household.
NOTE: The above resource limits do not apply to food assistance recipients who also receive TANF (including the Work Incentive payment), or SSI. Refer to 5430 (19) .
5130 Reserved
5140 Child Care – The maximum allowable non-exempt resources of all members of the family group shall not exceed ten thousand dollars ($10,000). This limit applies to all persons who are included in the child care case.
Note: The above resource limits do not apply to child care cases in which the only children receiving child care assistance are also receiving SSI, families in which at least one member receives TANF, families in the first two months following the loss of TANF eligibility, families receiving Food Assistance when an adult in the household who is unemployed is participating in the Food Assistance E&T program, families receiving child care for a qualified social service reason, and for families participating in the Kansas Early Head Start/Child Care Partnership program.
5200 General Guidelines
The following general rules are applicable.
Resources must be real (i.e., their value can be defined and measured).
Value of resources must be established by objective measurement. In some instances, it is possible for a piece of property to have no market value if it can be established that the property cannot be sold for any price. A statement that the property is not saleable due to a specific condition from one or more knowledgeable sources (i.e., bankers, realtors, etc.) in the applicable geographic area could be used for this purpose. Such condition should be reviewed at each redetermination to ascertain if there have been any changes and to adjust the value, if appropriate. It is also possible that a client may own a marketable piece of property with no equity value such as when encumbrances exceed the market value. In either instance, the property shall be deemed to have no value.
Resources must be available. Resources are considered available when an applicant/recipient has a legal interest therein and the legal ability to make them available. A resource shall be considered unavailable when there is a legal impediment that precludes the disposal of the resource. A legal impediment is a barrier to a person’s ability to use or enforce some rights in property or at law. Property is considered unavailable due to legal impediment if the individual does not have the legal right to access property and the property cannot be sold on the open market or, for non-cash property, converted to cash. The refusal or failure of an individual to take actions to make property available, if within the individual’s legal rights to do so, does not constitute a legal impediment. For food assistance, also see 5200(6)(c). An example of a legal impediment may include property held pending final action by a court, such as in a divorce proceeding or boundary dispute as the individual does not have access to such assets. However, the refusal of a joint owner to sell property does not constitute a legal impediment, as the remaining owner has the right to sell their share. The existence of a lien is not considered a legal impediment, but rather an encumbrance against the property thereby reducing the countable value. For a legal impediment to exist, the following are required: Verification of the impediment. The impediment must be documented through copies of deeds, titles, wills, court orders, etc. in order to verify the status of the property. A detailed, written explanation of the situation may also be provided as evidence to support the alleged impediment. A reasonable attempt to overcome the impediment. Prior to establishing a legal impediment, the individual must demonstrate that reasonable steps have been taken to overcome the impediment. If such attempts have been made and verified and a resolution does not appear to be immediate, the property is considered unavailable. However, the individual must continue to pursue reasonable steps to overcome the impediment. Such actions must be scheduled and routine, with the frequency and nature dependent upon the situation. If it is determined the cost of overcoming the impediment would exceed the gain to the individual, the property is considered unavailable. However, should changes occur which might change the outcome, or result in the availability of the property, it may become necessary for the individual to again attempt to overcome the impediment. As applicants and recipients are required to cooperate and pursue potential resources , failure to do so may result in negative action as per KEESM 2124 (not applicable to food assistance). For all programs, if the individual owns excess nonexempt real property and such property is available, assistance shall be provided if the individual is making a bona fide and documented effort to dispose of the property. Evidence of a bona fide effort could include a current listing with a real estate company, statement from a realtor that the client is actively showing the property, for sale sign on property, and ads in the newspaper. The initial asking price should be consistent with the fair market value of the property and shall be regularly adjusted. Reasonable offers for the property should be accepted. Bona-fide effort activities should be reviewed on a semiannual basis. (Food Assistance Only) A resource shall also be identified as unavailable if its sale or other disposition is unlikely to produce any significant amount of funds for the support of the household. For the purposes of this provision, if the household's equity in the resource is less than half of the applicable resource limit ($1,125 or $1,625), then the sale or other disposition is unlikely to produce any significant amount of funds for the support of the household and the resource shall be exempt. Documentation is required for a resource to be excluded under this provision.
Also to be excluded as unavailable resources are non-liquid assets against which a lien has been placed as a result of taking out a business loan and which the household is prohibited by the security or lien holder (creditor) from selling. Examples of such non-liquid assets could be land, crops, buildings, farm equipment, or machinery.
Ownership of excess nonexempt personal property shall result in ineligibility. For all programs, resources shall also be considered unavailable to persons in shelters for battered persons and children if: (1) the resources are jointly owned by the shelter resident and members of the former home; and (2) the shelter resident's access to the value of the resource is dependent on the agreement of a joint owner who still resides in the former home.
Ownership of property is determined by legal title. In absence of legal title, ownership shall be determined by possession. Note special provisions related to SSI in item (11) and to HCBS arrangements in item (9), (10) and (11).
Joint Ownership - The pro rata equity value of jointly owned real property and the full equity value of jointly owned personal property shall be considered in the determination of eligibility except as noted in item (b) for food assistance. For a resource held jointly with an individual who is not a member of the household or assistance plan, the resource may be excluded from consideration if all of the following conditions are met: The individual can demonstrate the household/assistance plan member has no ownership interest in the resource; The household/assistance plan member has not contributed to the resource; and Any access to the resource is limited as acting as an agent for the other owner. Joint Owner Who Refuses to Comply (Food Assistance only) - A resource shall be totally inaccessible to the household if the resource cannot be practically subdivided and the household's access to the value of the resource is dependent on the agreement of a joint owner who refuses to comply.
The resource value of property shall be the client's equity in the property. Equity is defined as fair market value less encumbrances.
Resources of all persons whose needs are included in the assistance plan must be considered. For TANF, eligibility must be determined as though the unborn child was born and living. Thus, the resources of the father of the unborn child, if present, must be considered. For food assistance, the nonexempt resources of excluded and disqualified members count in their entirety to the remaining household members. The nonexempt resources of non-household members are NOT considered in determining eligibility.
The total resources of both spouses shall be considered in determining the eligibility of either or both for assistance for if they are living together (including physical separation while maintaining a common life). For TANF and food assistance, this provision would also not be applicable when one or both spouses enter an institutional arrangement but would be applicable to HCBS arrangements if the care is being provided in the home and the couple continues to live together.
The resources of an eligible or ineligible parent (including a minor parent) shall be considered in determining the eligibility of a minor child for assistance if the parent and child are living together. For TANF and food assistance, if the child receives HCBS services in the home and continues to live with the parent, the resources of that parent must still be considered. If a parent enters an institutional living arrangement (whether or not the facility is Medicaid approved) for other than a planned brief stay (not to exceed the month of entrance and the following two months), his or her resources shall be considered in determining the eligibility of a minor child only for the month the arrangement begins. For TANF, Child Care, and Food Assistance, if the parent receives HCBS services in the home and continues to live with the child, that parent's resources must still be considered.
The resources owned solely by an SSI recipient (including a spouse or parent) are excluded from consideration. For food assistance, resources owned jointly with an SSI recipient are exempt, but considered available to the client for all other programs.
A conversion of real and personal property from one form to another shall not be considered as income unless there are proceeds from a contract from the sale of property. A resource may change form and thereby result in the loss or gain of exempt status.
A resource shall not be considered as property and as income in the same month. For instances when income received in a month is deposited into a checking or savings account, the value of such account for that month shall be determined by subtracting the total amount of income deposited from the lowest balance of the account. This is not applicable to spousal impoverishment assessments in which the highest value of the account in a month would be used. Also see item (7) for establishing the value of a checking or savings account.
5300 - Real Property
5310 Types of Real Property - Examples of real property are the home, buildings, land and vacation homes. For Life Estates, see 5340 (3).
5320 How to Determine the Value of Real Property - The fair market value of real property in Kansas is determined by the use of the State appraised market value for the current tax year. The appraised value of the property is used to establish fair market value. Other valuations pertinent to taxation, such as the agricultural use or the assessed value, are not used for this purpose.
If the property has not been appraised, is located out of state, or the value is under appeal, an estimate of its value shall be obtained from a knowledgeable source. Examples of knowledgeable sources include real estate brokers and realtors; local office of the Farmer's Home Administration (rural land); banks, savings and loan associations, mortgage companies and similar lending institutions; reliable private assessors . If the market value of the property as established by either of these processes is not satisfactory to the client or the agency. Either party has the right to request an estimate or appraisal from a disinterested real estate broker. The cost of the estimate or appraisal, if any, shall be the responsibility of the agency.
5330 Exempt Real Property - Exempt Values - The resource value of the following classifications of real property shall be exempt. However, if such property is transferred to a trust, it loses its exempt status as the trust becomes the legal owner of the property.
5331 Home and Surrounding Property - The home is defined as real property in which the applicant or recipient is living or from which he is temporarily absent. This includes the tract of land and contiguous tracts of land upon which the house or other improvements essential to the use or enjoyment of the home are located. Tracts of land are contiguous if lying side by side, including tracts separated by streets, alleys, or other easements. This does not include pieces of property that touch only at the corners. The home and surrounding property shall remain exempt when temporarily unoccupied for reasons of employment or training for future employment, illness, or uninhabitability caused by casualty or natural disaster, if the household intends to return. Households that currently do not own a home, but own or are purchasing a lot on which they intend to build or are building a permanent home, shall receive an exclusion for the value of the lot and, if it is partially completed, for the home. However, if the household currently owns a home, this exclusion does not apply.
The home, as defined, is exempt without regard to its value. For all programs, the home becomes nonexempt when the client has been absent for 12 consecutive months and does not intend to return (see 5331.1 ) and occupy the property as a home within the same 12 months. (See 5331.2 for clients who enter ACH facilities or receive HCBS services outside the home.)
5331.1 Transfer of The Home - If the applicant/recipient transfers his/her ownership interest in the home to some other person or legal entity (including a revocable or irrevocable trust), the home loses its exempt status.
5331.2 Intent to Return - If there is intent to return, the applicant/ recipient or a person authorized to act in his or her behalf (spouse, conservator/guardian, personal representative, or person who has received written authority from the applicant/ recipient to act in his or her behalf) must provide a written and signed statement indicating the reason for the client's absence as well as his or her intent to return home. (See Appendix for Statement of Intent to Return Home form or Section H of the ES-3100.4) The absence can be for any purpose, whether medical or nonmedical. The statement shall be accepted without challenge and regardless of whether or not the intent is realistic unless the actions of the applicant/recipient or other persons would contradict the statement (e.g., attempting to sell the property). In such instances, further clarification shall be obtained. The client's statement shall remain in force until such time as either actions are taken which contradict the client's intent or another signed statement is obtained which negates the previous intent.
An intent to return is, however, nullified when the applicant/ recipient transfers his/her ownership interest in the home to some other person or legal entity. Examples of property transfers which nullify exempt status or an intent to return include a sale or gift of the home property and a transfer of the home to a trust. When there is a loss of ownership by the applicant/ recipient due to such a transfer, the property cannot continue to be exempt. For example, when a trust is created and the home is transferred to the trust, the trust becomes the legal owner of the property. The home would then no longer be viewed as owned by the applicant/recipient even if that person is the trustee.
An intent to return statement would not be required in those instances in which a spouse, other legal dependent, or dependent relative continues to live in the home as indicated below or when the absence is due to a planned brief stay in an institutional arrangement not to exceed the month of entrance and the following 2 months. In all other instances, such a statement must be developed if there is intent to return.
5331.3 Institutional Living - For persons who enter institutional living arrangements (whether or not the facility is Medicaid approved) for other than a planned brief stay or who will receive HCBS care outside of the home, the home shall retain its exempt status if:
a spouse or other legal dependent continues to live in the home; or
a dependent member of the immediate family continues to live in the home. Dependency may be of any kind (e.g., financial, medical, etc.) The client's or dependent member's allegation shall be accepted without challenge unless there is reason to question it.
For purposes of this provision, the immediate family shall include the individual's children, grandchildren, stepchildren, in-laws, parents, stepparents, grandparents, aunts, uncles, siblings, step-siblings, half-siblings, nieces, nephews, and cousins of any degree.
If none of the above conditions exist and the client does not intend to return home (see 5331.2 ), the home will retain its exempt status for three months beginning with the month the client enters the institution or HCBS arrangement. See 8110 for the definition of institution. At the end of that time, the home must be considered in determining eligibility unless the client begins to make a bona fide effort to dispose of the property. This would also be applicable in instances in which home ownership is transferred as described earlier.
5331.4 Reverse Mortgage - A reverse mortgage is a specific, federally insured form of a home equity loan. A reverse mortgage converts home equity into cash, while the individual continues to use the home. The payments may come in the form of predictable, regular payments, much like income. A reverse mortgage differs from a standard home equity line in that it is only available to individuals age 62 and over.
Like any home equity loan, the reverse mortgage reduces the home’s equity value. The payments from the reverse mortgage are exempt as income, but countable as a resource the month following the month of receipt .
5332 Income Producing Property - Property which produces income consistent with its fair market value is exempt in full, even if only used on a seasonal basis. This would include property such as land or other property which is rented and not actively managed per 6313 (1), timber or mineral rights, and farm property where the individual is no longer actively involved in the management of the farm. Generally, income from such property would be considered as unearned income.
When it is necessary to determine if the property is producing income consistent with its fair market value, workers may contact local realtors, tax assessors, the Small Business Administration, or other similar sources to determine the prevailing rate of return (e.g., square foot, acreage, rental, etc.) for similar usage of real property in the area. If it is determined that the property is not producing income consistent with its fair market value (for instance, the property is being leased for a token payment), such property would be counted as a resource. However, if the property was leased for a return that was comparable to other property in the area leased for similar purposes, it would be considered as producing income consistent with its fair market value and would not be considered a resource.
If the property is not in current use, it may be exempted under this provision as long as the individual expects its use to resume within one year of the date of last use. If the individual does not expect use of the property to resume, the property shall be counted in full.
5333 Life Estates - Ownership interest in a property where a life interest has been conveyed is considered a countable asset for the owner according to the provisions of this section.
With a life estate, the holder retains the right to use the property during his or her lifetime, but actual ownership of the property is transferred to another person or persons. Establishing a life estate is essentially a means of limiting property ownership to a person’s lifetime. To assess the individual’s interest in the property, determine if the individual has a life interest or remainder interest in the property:
Life Interest - Also known as the owner of the life estate, or the life tenant, the person owning the life interest retains the right to use, occupy and receive the income from the property during his or her lifetime. This individual is assumed to be responsible for the mortgage, taxes and insurance on the property . A life interest can be established by transferring the underlying property and retaining a life estate on property the individual owned or by receiving a life interest in property in which another individual owned the underlying property. In both cases, the individual’s ownership is limited to the life interest. The value of the life interest is determined by the life tenant’s age .
Remainder Interest - Also known as the remainderman, the person owning the remainder interest does not have rights to possess the property until the life estate is terminated. Just as with a life tenant, the remainderman may have assumed the property through a transfer to him from property originally owned by another or by transferring a life interest to another in property he owned .
5333.1 Treatment of Life Estate Ownership - Both the life interest and the remainder interest in property are countable as a resource. However, property in use as a home or income producing may be exempt. For property currently in use as a home, see 5340 . If the property is income-producing, refer to 5332 . Exemptions apply only to the specific individual meeting the exemption.
Example: Edna transferred a remainder interest to her son, Dave. Edna continues to live in the home. The life interest is exempt for Edna as she is living in the home. But, the remainder interest owned by Dave is countable if he were to apply for assistance.
Either the remainder owner or the life tenant may sell their individual ownerships without the permission of the other. The refusal of the other owner to sell is not considered a legal impediment to the sale, but may be used as an argument to reduce the fair market value of the property per 5331. 1.
5333.2 Valuing the Life Estate - The value of either the life interest or the remainder interest is established by considering the life tenant’s age and total value of the property. The value derived from using the Life Estate Valuation Table, which establishes a value based on the an actuarially determined life expectancy of the life tenant.
However, the applicant/recipient may provide evidence to demonstrate a lower fair market is applicable.
Example: Nancy is a 56 year old woman with terminal cancer. She named her adult son, Adam, as the remainder owner on her home a number of years earlier. Using the life estate valuation table, the fair market value of her life estate is $12,000, because of Nancy’s age. But, given her health status, Adam cannot find a buyer. Adam and Nancy may demonstrate a fair market value based on factors other than Nancy’s age, such as her health status.
5334 Property Essential to Employment - Property which is essential to employment or self-employment of the individual is exempt. This would include property such as farm land or business property where the person is still actively involved as a manager. Income from such property would usually be considered as earned income.
If the property is not in current use, it may be exempted under this provision as long as the individual expects to resume its use within one year of the date of last use. This period can be extended an additional year if the individual has a disabling condition which prevents him or her from resuming the activity within the first year. Documentation is required. If the individual does not expect to resume use of the property, it shall be counted in full.
5335 Restricted Indian Land - Restricted or allotted land held by an enrolled member of an Indian tribe which cannot be sold or transferred without permission of other members of the tribe or a federal agency is totally exempt.
5336 Vehicle Maintenance - Real or personal property which is directly related to the maintenance or use of a vehicle that is used primarily for producing income or necessary to transport a physically disabled household member shall be excluded as a resource. Only that portion of real property determined necessary for maintenance or use is excludable under this provision. For example, a household which owns a produce truck to earn its livelihood may be prohibited from parking the truck in a residential area. The household may own a 100-acre field and use a quarter acre of the field to park and/or service the truck. Only the value of the quarter acre would be excludable under this provision, not the entire 100-acre field.
5340 Nonexempt Real Property - Real property shall be considered, including the following:
A home when it is considered other real property. Refer to 5331 .
Land and buildings shall be evaluated and counted in determining eligibility unless income producing per 5332 .
Life estates shall be considered as per 5333 .
Trust Property - When placed in a trust, real property is considered.
5400 - Personal Property
5410 Types of Personal Property - Personal property consists of all property excluding real property. Cash assets which are a form of personal property consist of cash on hand, money in checking and savings accounts, cryptocurrency assets, stocks or bonds, cash surrender or loan value of life insurance policies, trust funds, monies or other property provided to a child under the Uniform Transfers to Minors Act (UTMA), and similar items on which a determinate amount of money can be realized. Personal property shall be considered available to the account owner/holder except for property held by a conservator or guardian is considered available to the conservatee or beneficial owner.
Other personal property as used in the definition include such items as personal effects, household equipment and furnishings, home produce, livestock, equipment, vehicles, inventory, prepaid funeral contracts, and contracts from the sale of real or personal property.
Unless exempt, the value of personal property owned by the individual must be considered.
5420 How to Determine the Value of Personal Property - The market value of personal property (except life insurance) shall initially be determined by the use of a reputable trade publication. If a publication is not available, an estimate shall be obtained from a reputable dealer. If there is a difference of opinion regarding the value of property between the client or the agency as established by either of the above processes, an estimate from a reputable dealer shall be used.
The cost of the estimate, if any, shall be the responsibility of the agency.
5430 Exempt Personal Property - The resource value of the following classifications of personal property shall be exempt. However, if such property is transferred to a trust, it loses its exempt status as the trust becomes the legal owner of the property.
"See Policy Memo # 02-10-02 re: "Prearranged funeral and burial agreements and excess funeral funds".
Burial Funds - Burial funds of up to $1,500 each (plus any interest that has accumulated in that fund beginning with the month of application but no earlier than November 1, 1984) for members of the assistance plan which are separately identifiable and clearly designated as set aside for each member's burial expenses are exempt. Burial funds are defined as revocable burial contracts and trusts as well as other revocable burial arrangements. They also can include cash, financial accounts (e.g., savings or checking accounts), or other financial instruments with a definite cash value (e.g., stocks, bonds, C.D.'s, cash surrender value of life insurance policies, etc.). Such instruments do, however, need to meet the "separately identifiable and clearly designated" criteria below. A fund shall be considered separately identifiable if it is set up in a separate account and not commingled with any other funds except funds for burial purposes such as a prepaid contract fund for burial merchandise as described in item ( 2 ) below. It shall meet the "clearly designated" requirement if the account is noted "for burial purposes only" or if the client provides a signed written statement attesting to the fact that the funds have been set aside and are intended for burial purposes only. Failure to meet either of these conditions shall result in the fund not being excluded under this provision. If the fund is exempted and the client withdraws all or a portion of the funds, the amount withdrawn shall be considered as a nonexempt resource and, if transferred, subject to provisions of 5700 . T his provision is not applicable to any irrevocable funeral agreements (e.g., $7,000 agreement established per K.S.A. 16-303) as such agreements are already exempt due to their legal unavailability per item ( 8 ) below. However, the $1,500 amount which can be exempted under this provision must be reduced by the amount of any such irrevocable agreements except to the extent that it represents excludable burial spaces (see item 2 ), as well as the face value of all life insurance policies.
Burial Spaces - Burial spaces are totally exempt for each member of the assistance plan. Burial spaces are defined as conventional grave sites, crypts, mausoleums, caskets, urns, and other repositories which are traditionally used for the remains of deceased persons. Vaults, headstones, and grave markers would also be included in this definition as well as monies set aside for opening and closing the grave. Burial spaces purchased through a revocable or irrevocable prepaid contract would be exempt under this provision including the account in which the funds are deposited under the contract and the interest that accrues on such funds.
Cash Assets - Cash assets which may be traced to income exempted as income and a resource per 6410 (applicable subsections) are exempted.
Commingled Funds (Food Assistance Only) - Exempted monies that are kept in a separate account, and that are not commingled in an account with other nonexempt funds, shall retain their resource exemption for an unlimited period of time. The resources of students and self-employed households which are exempted as provided in 5430 (7) and 6410 and are commingled in an account with nonexempt funds shall retain their exemption for the period of time over which they have been prorated as income or in the case of students, for the period of time they are intended to cover. All other exempt monies which are commingled in an account with nonexempt funds shall retain their exemption for 6 months from the date they are commingled. After 6 months from the date of commingling, all funds in the commingled account shall be counted as a resource.
Contract Sales, Promissory Notes and Loans - A contract sale, promissory note, loan or other agreement to repay a debt is exempt only if the proceeds are considered as income and the income is consistent with the repayment terms and conditions set forth in the written contract. If the debtor is not meeting the terms and conditions of the contract, the debt is considered a potential resource and the individual is required to pursue recovery per 2124.1 .
Escrow Accounts - For all programs, escrow accounts established for families participating in the Family Self-Sufficiency Program through the Department of Housing and Urban Development. Interest earned on such accounts shall also be exempted as income.
Essential for Employment - Property which is essential to the employment or self-employment of the individual is exempt. This would include property such as tools of a tradesman, farm machinery, livestock, stock and inventory of self-employed person that are reasonable and necessary in the production of goods or services, vehicles, business checking account, or other business property where the person is still actively involved as a manager. Income from such property would usually be considered as earned income. If the property is not in current use, it may be exempted under this provision as long as the individual expects to resume its use within 1 year of the date of last use. This period can be extended an additional year if the individual has a disabling condition which prevents him or her from resuming the activity within the first year. Documentation is required. If the individual does not expect to resume use of the property, it shall be counted in full. Property essential to the self-employment of a household member engaged in farming shall continue to be excluded for one year from the date the household member terminates the self-employment farming.
Funeral Agreements - The value of all funeral arrangements.
Home Consumption Items - Items for home consumption. These items consist of produce from a small garden, a small flock of chickens or other fowl, a cow, a pig, or other animals used to meet the food requirements of the family.
Home Sale Proceeds - The proceeds from the sale of a home are exempt if the proceeds are conserved for the purchase of a new home and the conserved funds are expended or committed to be expended within 3 months of the sale. Any of the proceeds so conserved that are used for any other purpose shall be considered under the transfer of property provisions for persons in institutional or HCBS living arrangement. See 5720 .
Household Goods - Household equipment and furnishings in use or only temporarily not in use. These consist of such items as dishes, tableware, cooking utensils, canning equipment, bedding, and household linens, beds, mattresses, stoves, and refrigerators.
Income Producing Property - Property (other than cash assets), which produces income consistent with its fair market value is exempt in full, even if used only on a seasonal basis. This would include property such as vehicles, farm equipment or business inventory which are rented or part of an ongoing business where the individual is no longer actively involved in the management of the business. Inventory also includes livestock or grain in storage which are sold on a regular basis as the market permits. Generally income from such property would be considered unearned income. See 6313 (1) regarding self-employment income. When it is necessary to determine if the property is producing income consistent with its fair market value, local realtors, tax assessors, the Small Business Administration, or other similar sources may be contacted to determine the prevailing rate of return (e.g., square foot, rental, etc.) for similar usage of the property is the area. If it is determined that the property is not producing income consistent with its fair market value (for instances, the property is being leased for a token payment), such property would be counted as a resource. However, if the property was leased for a return that was comparable to other property in the area leased for similar purposes, it would be considered as producing income consistent with its fair market value and would not be considered a resource. If the property is not in current use, it may be exempted under this provision as long as the individual expects its use to resume within 1 year of the date of last use. If the individual does not expect use of the property to resume, the property shall be counted in full.
Individual Development Accounts (IDAs) - IDAs which meet the guidelines specified in 6410 .
Insurance - For all programs the cash value of life insurance policies is exempt.
Kansas Investments Developing Scholars (K.I.D.S.) Match Grant Program - K.I.D.S. is a form of a Learning Quest 529 account available to a limited number of participants with earnings below 200% of the poverty level. A Participant Account and a Match Account are established through Learning Quest. The amount in both the Participant Account and in the Match Account are exempt as resources. Refer to 6410 Educational Income.
Learning Quest /Coverdell Education Savings Account/ and Other 529 Educational Savings Plans - These plans are exempt for all programs.
Pension Plans - Pensions plans shall be considered as follows: Food Assistance and Child Care - The cash value of pension plans or funds, including 401 (k) plans, IRAs, and Keough plans are exempt. All retirement plans are exempt for food assistance and child care purposes. See a list of excluded retirement plans in the Appendix , item T-12. Cash Programs - The cash value of pension plans or funds are exempt. Exceptions: Keough plans that involve no contractual relationship with individuals who are not household members, individual retirement accounts (IRA's) and 401(k) plans are not exempt. In addition, if an individual is retired or claiming disability and not drawing benefits to which they are entitled, the cash value of the pension plan or fund is not exempt. NOTE: Loans taken against 401(k) plans are treated in accordance with 6410 .
Personal Effects - Personal effects and keepsakes are exempt. Personal effects are items such as a watch, clothing, books, comb and brush. Personal keepsakes are items such as gifts kept for the sake of the giver, items with sentimental value, and the like. Family pets are also exempt under this provision.
TANF/SSI Recipients - For food assistance, the resources of any household member who receives TANF or SSI benefits shall be exempted for purposes of the Food Assistance Program. This includes resources jointly owned by recipients who receive TANF or SSI with those who do not. Persons are considered recipients if their TANF or SSI benefits are recouped to the point that no actual payment is made. Persons are also considered recipients if their TANF is suspended for one month due to excess income per 1512.5 . For households in which all members receive TANF or SSI, refer to 2510 for a description of the categorical eligibility provisions.
Tools - Tools in use. Tools consist of such items as hammers, saws, wrenches, planes, pliers, hoes, rakes, and similar articles necessary for the maintenance of house, garden, or yard.
Vehicles - See 5500 and subsections.
5500 - Vehicles
This section outlines policies for vehicle exemptions for all programs. The policies outlined below were adopted to assist individuals to seek and maintain employment or to obtain necessary medical care.
Leased vehicles are not considered a countable resource.
Exemptions involving licensed vehicles also include unlicensed vehicles driven by tribal members on Indian reservations not requiring vehicle licensing.
5510 Vehicle Exemptions for All Cash, Child Care and Food Assistance Programs - One licensed or unlicensed vehicle per adult in the household, regardless of the use of the vehicle is exempt. Exemptions apply to household members as well as to ineligible non-citizen or disqualified household member whose resources are being considered available to the household.
Additional vehicle(s) may be exempt if:
the vehicle is used by household member(s) under age 18 for driving to employment, training or education for employment, or to seek employment.
the vehicle is used primarily (over 50 percent of the time) for income producing
the vehicle is annually producing income consistent with its fair market value, even if used only on a seasonal basis;
the vehicle is necessary for long distance travel, other than daily commuting, that is essential to employment.
the vehicle is used as the household's home.
the vehicle is necessary to transport a physically disabled household member (limited to one vehicle per physically disabled household member).
the vehicle is used to carry fuel for heating or water for home use when it is anticipated to be the primary source of fuel or water for the household.
the value of the vehicle has an estimated return of $1,500 or less.
5511 How to Determine Resource Value of Nonexempt Vehicles (Cash, Child Care and Food Assistance) - To determine the resource value of nonexempt motor vehicles, including any car, truck, motorcycle, boat, personal water craft, recreational vehicle, recreational off highway vehicle, or all-terrain vehicle:
Count in full, regardless of any amounts owed on the vehicle, the portion of the fair market value that exceeds $4,650.
Evaluate such licensed, and all unlicensed vehicles, for their equity value which is the fair market value minus any amount owed, based on the average trade-in value in the Kelley Blue Book (resource available on the Internet and instructions for use are in Appendix item P-4 ) or other source approved by EES Policy less any amounts owed on the vehicle(s). For consistency in determining the trade-in value through the Kelley Blue Book, mileage should be calculated by a standard formula of multiplying the age of the vehicle times 15,000 miles per year. "Fair" should always be used for the vehicle condition and no equipment features should be reflected. If questionable or there is a difference of opinion regarding the value of the vehicle, by agency or client, an estimate from a reputable car dealer shall be used and the cost of the estimate, if any, shall be the responsibility of the agency; equity is determined by the sale value less any amounts owed on the vehicle. Such equity must be established in the month of eligibility determination (using the Kelley Blue Book for that month when applicable or for collectable vehicles or other vehicles use nadaguides.com ) and shall be applied to allowable resources.
Count as a resource only the greater of the two amounts if the vehicle has a countable fair market value of more than $4,650 and also has a countable equity value. For example, if the fair market value is $5,000 and the equity value is $1,000, the household shall be credited only with the $1,000 equity value and the $350 excess fair market value will not be counted.
Note : The case file should contain a screen print of the Kelley Blue Book information in situations where the resource value of nonexempt motor vehicles is verified.
5600 - Trust Funds and Annuities
For purposes of this section a trust shall be defined as any legal instrument or device that is similar to a trust. An annuity is a contract or device which conveys a right to receive a fixed, periodic source of income for a specified period of time. Each trust must be reviewed to determine the terms and conditions of the instrument. A full copy of each reported trust must be obtained from the applicant/recipient. Any pertinent information supporting either the establishment, funding mechanism or current value must also be obtained. The material and completed Appendix item B-6 are then emailed to the Food Assistance Program Manager for review and a decision regarding the status of the trust or annuity will be communicated to eligibility staff.
5610 Trust Funds (Cash, Child Care, and Food Assistance Provisions) - Any fund in a trust or transferred to a trust, and the income produced by that trust to the extent it is not available to the client, shall be considered inaccessible if:
The trust arrangement is not likely to cease and no client has the power to revoke the trust arrangement or change the name of the beneficiary;
The trustee administering the funds is either: A court, or an institution, corporation, or organization which is not under the direction of or ownership of any client; or An individual appointed by the court who has court-imposed limitations placed on his/her use of the funds which meet the requirements of this paragraph;
Trust investments made on behalf of the trust do not directly involve or assist any business or corporation under the control, direction, or influence of a client; and
The funds held in irrevocable trust are either: Established from the client's own funds, if the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical expenses of any person named by the client creating the trust; or Established from funds not owned by the client by someone other than the client. NOTE: ARCare Trusts and supplemental needs/care trusts pursuant to 42 U.S.C. 1396p(d)(4)(a) or 1396p(d)(4)(c) meet the above criteria and are exempt as a resource. These trusts do not need to be submitted to the Food Assistance Program Manager for review.
5611 Revocable Trust Exempt as Income and Resource - A revocable trust established as an Individual Development Account (IDA) for a TANF recipient or a participant in the Assets for Independence Demonstration Program (AFIA). See 6410 for the guidelines of an allowable IDA.
5620 Reserved
5621 Exempted Trusts - For trusts established after August 10, 1993, the following shall not be considered available as a resource for purposes of determining eligibility.
A trust containing the assets of an individual under age 65 who has been determined blind or disabled according to the Social Security Administration’s standards and which is established for the benefit of such individual by the individual's parent, grandparent, conservator, or legal guardian, or by a court. This exemption continues to apply even though the person reaches age 65 and older. As long as the trust was established before age 65, the exemption is applicable. In addition, trusts established on or after 12-13-2016 by a disabled individual meeting the requirements of this provision shall not be considered an available resource. A trust established by the disabled individual’s spouse is not exempt.
A trust containing the assets of an individual who has been determined blind or disabled according to the Social Security Administration’s standards if such trust is established by a nonprofit association, a separate account is maintained for each beneficiary of the trust, and the trust is established solely for the benefit of the individual by the individual, parent, spouse, grandparent, legal guardian, or a court. Payments made from such trusts shall also be exempt unless made available directly to the individual or to the individual’s representative, including, but not limited to, a guardian, a conservator, representative payee, or person holding a power of attorney. In the above instances, the trust must have a provision whereby any funds that remain in the trust upon the death of the client be provided to the State in an amount up to the amount of medical assistance paid out on that person's behalf. Otherwise, the trust must be considered. In the above instances, there are no exemptions applicable to trusts established on or prior to August 10, 1993 or to trusts established with assets other than the individual's.
5622 Hardship Provision - For irrevocable trusts established after August 10, 1993 and which are not exempted, if consideration of the trust results in ineligibility for the individual, the counting of the trust shall be waived if such action is necessary to avoid undue hardship. In order to grant hardship, the individual must verify that he or she has exhausted all legal remedies for gaining complete access to the principal as well as income of the trust and that all other nonexempt assets have been expended to meet living expenses, including those amounts protected under the allowable resource levels.
There is no hardship provision for trusts established on or before August 10, 1993.
5630 Annuities (All Programs) - An annuity is a contract or device which conveys a right to receive a fixed, periodic source of income for a specified period of time. The person who receives the payments is commonly known as the annuitant. The commercial entity distributing the payment is called the carrier.
There are two phases to an annuity. The first is the accumulation phase, where the annuity is building value. Annuities accumulate value through a lump sum payment or multiple payments. Once the annuity has matured, it is annuitized. This is the pay out phase where regular payments are made from the annuity.
Two settlement options are most common. An immediate annuity is generally annuitized within a year of purchase and is generally purchased with a lump sum. A deferred annuity starts payments at some future age of the annuity. These are generally funded through periodic deposits.
NOTE: All annuities must be evaluated to determine if a transfer of property penalty is applicable, as per 5720 .
5631 Evaluating the Annuity -
Payment Terms of the Annuity - The payment terms of the annuity are driven by the contract, with the following possibilities : The lifetime of the individual; The lifetime of the individual with a minimum return of the principal to a beneficiary if the specified portion of the principal is not returned before the individual's death. A period certain number of months or years, with a guaranteed payment amount if the individual dies before the specified period has expired .
Parties to the Annuity Carrier - The writer of the annuity. This must be an organization authorized to write and issue an annuity contract, such as a life insurance company or a charitable organization . Annuitant - The person whose life is used to calculate the terms and payments from the annuity; usually the person who is entitled to payments from the settlement option . Owner - The annuity owner is the person who may exercise the rights provided in the annuity contract during the life of the annuitant. This person can name himself/herself or another person as the annuitant, choose the settlement option and name the beneficiary . Remainder Beneficiary - The individual entitled to receive any payments following the death of the annuitant .
5632 Reserved
5633 Reserved
5634 Annuities for TANF, Child Care, and Food Assistance - Each annuity must be evaluated to determine the terms of the contract. Those terms will determine if the annuity is an available resource and the potential fair market value of the annuity. Any annuity has the potential to be counted as a resource or income.
5634.1 Evaluation of the Contract Terms- The specific terms of the annuity contract shall determine whether the annuity is treated as a resource or as income.
Retirement Annuities - Retirement Annuities (e.g., Civil Service Annuities and Railroad Retirement Annuities) are exempt as a resource, but the income received is countable unearned income. A retirement annuity is one which meets the qualification tests of the Internal Revenue Code for tax purposes. A qualifying retirement annuity shall be one which receives favorable tax treatment and is non-transferrable. These annuities are also known as qualifying annuities.
Revocable Annuities - If the terms of the contract allow for the annuity to be surrendered or cashed-in with the issuing company, the annuity is considered revocable. An annuity which is in the accumulation phase is presumed to be revocable. The fair market value of a revocable annuity is considered an available resource because the contract can be cancelled in return for a cash payment. The fair market value is the cash value.
Irrevocable Annuities - If the terms of the contract do not allow the annuity to be surrendered or cashed-in with the issuing company, it is considered irrevocable. An annuity which is in the payout phase is presumed to be irrevocable. The payments received from an irrevocable annuity are counted as unearned income per 6220(2) and are exempt as a resource.
5700 - Transfer Of Resources
5710 Transfers Affecting Food Assistance - At the time of application for food assistance, households shall be asked to provide information regarding any resources which any household member (or ineligible non-citizen or disqualified person whose resources are being considered available to the household) has transferred within the 3-month period immediately preceding the date of the application. Households which have transferred resources knowingly for the purpose of qualifying or attempting to qualify for food assistance benefits shall be disqualified from participation in the program for up to 1 year from the date of the discovery of the transfer. This disqualification period shall be applied if the resources are transferred knowingly in the 3-month period prior to application or if they are transferred knowingly after the household is determined eligible for benefits. An example of the latter would be assets which the household acquires after being certified and which are then transferred to prevent the household from exceeding the maximum resource limit.
5711 Transfers That Do Not Affect Eligibility - Eligibility will not be affected by the following transfers:
Resources which would not otherwise affect eligibility; for example, personal property, such as jewelry and furniture, or money if the household's total resources are less than the allowable limits at the time of the transfer;
The sale or trade of resources at or near fair market value;
Resources transferred between members of the same household (or ineligible non-citizen or disqualified person whose resources are being considered available to the household); and
Resources transferred for reasons other than qualifying for food assistance benefits. For example, a parent placing funds into an educational trust fund as described in 5610 .
5712 Willful Transfers - In the event that it is established that an applicant, for the purpose of qualifying or attempting to qualify for food assistance benefits, knowingly transferred resources, the household shall be sent a notice of denial explaining the reason for and length of the disqualification. The period of disqualification shall begin in the month of application. If the household is participating at the time of the discovery of the transfer, a notice of adverse action explaining the reason for and length of the disqualification period shall be sent. The period of disqualification shall be made effective with the first benefit to be issued after the notice of adverse action has expired, unless the household has requested a fair hearing and continued benefits.
5713 Length of Disqualification Period - The length of the disqualification period shall be based on the amount by which the nonexempt transferred resources, when added to other countable resources, exceeds the allowable resource limits. The following chart will be used to determine the period of disqualification:
Amount Period of Disqualification $ 1 - 249.99 1 month $ 250 - 999.99 3 months $1,000 - 2,999.99 6 months $3,000 - 4,999.99 9 months $5,000 or more 12 months
5720 Reserved
5721 Exempt Transfers - The following transfers are exempt and shall not result in a penalty period:
A transfer of the individual’s home to: The spouse of the individual . A child of the individual who is under the age of 21 or an adult child who meets the blindness or disability criteria. A sibling of the individual who has an equity interest in the home and who was residing in the home for a period of at least 1 year immediately before the date the individual applied for food assistance. An adult child of the individual other than described in item (b) above who was residing in the home for a period of at least 2 years immediately before the date the individual applied for food assistance and who provided care to the individual which permitted him or her to reside at home. Residence in the home must be verified. The care provided must be documented and related to the individual’s need. Documentation from a third party, preferably a physician or other medical professional, must support the individual’s claim regarding the type of care provided and the duration of such care. The type of care provided is not limited to medical services only, household services are also included if the child provided all, or nearly all, household tasks.
A transfer of property, to the individual’s child, regardless of age, who meets the blindness or disability criteria.
A transfer by the individual into a trust for the sole benefit of: The individual’s child who meets the blindness and disability criteria. An individual under age 65 years who meets the blindness and disability criteria.
A transfer of an exempt asset by the individual or spouse if the resource would have been exempt at the time of transfer. Except the following are considered non-exempt transfers: The home and surrounding property (including the transfer of a life estate interest only). Income-producing real or personal property or included in a trade or business in which the individual is actually participating in the production of income as outlined in 5334 and 5430 (12) . Multiple transfers of such property occurring within the same month shall be regarded as a single transfer for purposes of establishing the $6000 limit as well as the total uncompensated value. A purchase of an annuity, promissory note, contract sale, loan or mortgage is evaluated as a transfer of property according to 5722 regardless of exempt vs non-exempt status. Any otherwise exempt resource that was transferred by means of a constructive or step transaction transfer as described in 5722(9).
A transfer of property that has been approved by the agency prior to transfer. Prior approval is only provided to current applicants or ongoing recipients. Individuals requesting prior approval must submit a request, in writing, with the following information : A description of the specific property transferred. For real property, include the legal description . The equity value in the property . A description of how the proposed transfer will occur (e.g., sale, trade, contract on time); to whom it will be transferred; and the amount and source of compensation the applicant/recipient or spouse is expected to receive . Information regarding any previous or ongoing attempts to sell or receive adequate compensation from the transfer, including any attempts to dispose of the property for fair market value . The EES Regional Program Administrator, or designee, will review the request and issue a decision. A notification regarding the decision shall be sent to the applicant/recipient .
A transfer of property where fair market value was received or is expected to be received within an actuarially sound period.
A transfer of property that has been returned to the individual or spouse: Full return of property – If the transferred property, or the fair market equivalent of the property, has been returned to the individual or spouse, no transfer penalty shall be applied. Partial return of property – If a portion of the transferred property, or the fair market equivalent has been returned to the individual or spouse, the transfer penalty shall be modified but not eliminated. The previously established penalty shall be revoked with eligibility redetermined based on the value of the unreturned property.
Assets returned to the individual must be considered when determining eligibility, including eligibility for the period between the initial transfer penalty period and the date of return. NOTE: For purposes of this section, a return of assets to the individual or spouse is not restricted to only a direct transfer of the assets back to the individual or spouse. A return would also include instances where expenses or debts of the individual (such as nursing home expenses, home mortgage, medical bills, credit card debt, etc.) have been paid on the individual’s behalf by the recipient of the transferred assets. Any payment made which results in a gain or benefit to the individual shall be considered a return of assets even if the individual had no actual control over the returned assets.
5722 Transfers of Specific Resources -
Scheduled Receipt of Compensation After Date of Transfer - If the full value of a transferred resource is scheduled for receipt after the date of transfer, the transfer is considered an uncompensated transfer if adequate compensation is not expected to be received within the expected lifetime of the individual. Expected lifetime is determined at the time of the transfer, unless otherwise indicated. Appendix Item T-4 , Life Expectancy Table, shall be used to determine life expectancy for any such transfers .
Trusts - Unless specifically exempt as per 5721 (3), a transfer of real or personal property to an irrevocable trust or similar irrevocable legal device shall be considered a transfer without adequate compensation if the trust principal cannot be made available to the individual under any circumstances (see 5620 ). This provision is not applicable to exempt irrevocable burial trusts (see 5430 (1) and (8)). This provision also applies to transfers of resources to a pooled trust described in 5621(2) where the individual establishing the trust is age 65 or older. The trust may be exempt as a resource, but the transfer to the trust is considered an uncompensated transfer.
Disclaimer of Inheritance and Spousal Elective Share - If the individual or spouse disclaims or gives up his or her rights to an inheritance, the fair market value of the assets which would have been available to the individual are considered transferred without adequate compensation. The date of the decedent’s death is the date of transfer. In addition, failure to take the full spousal elective share available following a spouse’s death shall also be considered an uncompensated transfer. The transfer disqualification is applicable following a confirmation that no further action can be taken to pursue the asset. Current recipients must pursue the full share as a potential resource per 2124.1 (4).
Life Estate (see 5333 ) - If an individual or spouse purchases a life interest in the home of another or transfers either a life or remainder interest in his or her own property an inadequate transfer has been made if the individual did not receive fair market value for the transfer. For transfers of a life or remainder interest in his or her own home, the fair market value of the life estate, as determined in 5333 , must be established, considering the ownership portion retained by the individual or spouse. Failure to receive the fair market value results in an inadequate transfer. For a purchase in the life interest of another’s home, in addition to receiving fair market value for the transfer as described in item (a), the individual must reside continually in the home for a period of at least one year after the date of purchase. This requirement is applicable only to purchases on or after February 8, 2006.
Promissory Notes, Loans, Contract Sales, Mortgages (see 5430 (5)) - If the individual or spouse purchases a promissory note, mortgage or loan in exchange for the transfer of an asset, the repayment terms of the agreement must be actuarially sound or the transaction is considered an uncompensated transfer. For this provision, a purchase includes a direct transfer of personal or real property in exchange for a repayment agreement or contract. These provisions also apply to contract sales of property. Absent a repayment agreement, the entire amount used to purchase the note, loan or mortgage is considered a gift and subject to transfer of property provisions. The following repayment terms must be met to be considered an actuarially sound transfer:
the full value must be realized within the individual’s life expectancy as per 5722 (1); provides payment in equal amounts during the term of the loan, with no deferred or balloon payments; and prohibits the cancellation of the balance upon the death of the lender . If the note does not meet the above conditions, it is a transfer for inadequate consideration.
Transfers in Exchange for Services - If an individual or spouse transfers money in exchange for services, the payments must be made under the terms of a contract, as specified in this section, or the transfer is considered a transfer for inadequate consideration . Services provided by family members - There is a general presumption that family members who perform personal services for other family members do so without any expectation of reimbursement. In the event payment was expected, a written contract must be executed prior to service delivery. The contract must include the specific services to be provided, the reimbursement rate and the form of reimbursement to be delivered. The contracted amount must be consistent with the market rate for such services. If there is no established rate, the federal minimum wage shall be used. Transfers made outside of a contracted agreement or which do not meet these terms are considered inadequate . NOTE: Reimbursement for items and supplies necessary are not services and would be considered under these provisions. For example: lumber, shingles and other home repair items; plumbing equipment to repair a leaky faucet; food for meal preparation . Services Provided by Non-Family Members - Payments for services provided outside of a contracted agreement in accordance with 5430 (5) are considered a transfer without adequate consideration.
Transfers of Income - A transfer of a lump sum or ongoing source of income is considered an uncompensated transfer if the action to refuse the income was initially taken within the 3-month period immediately preceding the date of the application.
Exempt Assets - A constructive or step transaction transfer of an otherwise exempt resource is considered an uncompensated transfer if adequate consideration is not received. Constructive Transfer – An uncompensated transfer will be deemed to have occurred where the individual uses countable resources to purchase an exempt resource and retains legal title to the resource but allows another individual the full use, enjoyment and possession of the resource. Example: An individual purchases a new vehicle in their own name for $20,000 and immediately gives possession of the vehicle to another family member for their exclusive use. Even though the individual still retains legal title to the vehicle, an uncompensated transfer has occurred. Step Transaction – An uncompensated transfer will be deemed to have occurred where a countable resource was used to purchase an exempt resource that is then transferred to another individual. The steps in the transfer process are ignored to look at the ultimate outcome of the transaction. Example: An individual uses $20,000 in savings to purchase a new vehicle in their own name and then immediately transfers title to the vehicle to another family member. A $20,000 uncompensated transfer will be deemed to have occurred because the ultimate outcome of the transaction was that $20,000 in savings was gifted away.
5723 Transfer Determination - If a non-exempt transfer has been established, the circumstances surrounding the transfer must be evaluated to determine if a penalizable transfer has occurred and the resulting action.
5723.1 Misappropriation - No penalty shall be applied when the individual claims he or she was deprived of an asset by fraud, misrepresentation or criminal activity. If recovery is determined to be unlikely or not cost-effective, recovery efforts may be waived as described in this section.
Protocol for Determining Misappropriation - For all claims of misappropriation the following protocol is followed to determine the initial outcome of the claim . APS Referral - For all claims, a formal referral to the Adult Protective Services Unit shall be made for further investigation. The report to APS shall include the facts related to the conveyance as well as other personal circumstances of the individual at the time, including any information regarding the individual's competency. For initial claims of misappropriation, no action to establish a disqualification period shall be taken until the outcome of the APS investigation is available. APS Finding - The results of the APS investigation shall be used to determine appropriate action (see PPS Policy and Procedure Manual 10300 ): Substantiated - If APS determines that abuse, neglect or exploitation (ANE) has occurred with respect to the claim of misappropriation, no disqualification period is established. In these cases, proceed to item (E) below. If the applicant or recipient does not wish to pursue recovery, he or she may elect to serve a disqualification period and an appropriate notice shall be sent. Unsubstantiated - Suspected Abuse Neglect or Exploitation - In cases where the APS worker suspects ANE has occurred, and is unable to confirm, a referral will be made to the Attorney General's office for further follow-up. In these cases, proceed to item (E) below.
Effect on Food Assistance - Appropriate recovery activities must be approved by the EES Program Administrator or designee. For Applicants - No action is taken to approve or deny benefits until APS issues a finding. If APS confirms abuse, neglect or exploitation or refers to the Attorney General, no transfer of property penalty is considered. For cases where APS finds no abuse, but the individual alleges misappropriation, consideration shall be given to the claim based on other information available, such as information from sources defined in item (C) below. These are evaluated on a case by case basis, with approval from the EES Program Administrator or designee. If no finding of misappropriation is made, a penalty shall be established. The individual may wish to file a hardship claim. For Recipients - If food assistance benefits are authorized, such payments shall be suspended pending a finding by APS. If APS confirms abuse, neglect or exploitation or refers to the Attorney General, no transfer of asset penalty is considered. For cases where APS finds no abuse, but the individual alleges misappropriation, consideration shall be given to the claim based on other information available, such as information from sources defined in item (C) below. These are evaluated on a case by case basis, with approval from the EES Program Administrator or designee. If no finding of misappropriation is made, a penalty shall be established. The individual may wish to file a hardship claim.
Unconfirmed - If APS indicates no ANE has occurred, other sufficient evidence must be provided by the applicant/recipient or spouse to support the claim of misappropriation. Examples of sufficient evidence are official police reports, documentation of civil or criminal action against the alleged perpetrator or other similar documentation. In these cases, proceed to item (E) below. If no additional evidence exists, the claim of misappropriation is denied and the transfer shall be evaluated for a potential disqualification penalty.
Referral and Cooperation with the Attorney General’s Office - If ANE is confirmed or suspected, APS will send a referral to the Attorney General's Office for further investigation and possible litigation. The individual must cooperate with the Attorney General's office during the course of the investigation, including any criminal actions that are determined appropriate. If the Attorney General's office does not wish to pursue the case, other actions for recovery as described in item (E) must be considered for the claim of misappropriation to continue to warrant consideration.
Other Recovery Methods - To support the claim of misappropriation, the individual is expected to pursue all appropriate recovery methods. Minimally, the options listed below must be considered. All actions taken must be documented. If there is reasonable belief that recovery is likely through any of these avenues, assistance continues if the individual is otherwise eligible. The individual must provide documentation that recovery is being pursued. The cost effectiveness of pursuing the recovery method is also considered (e.g., court costs, legal fees) by the agency with regards to recovery actions. Law Enforcement - Allegations or other evidence of the events are to be documented in an official police report and provided to the agency. A decision by a city, county, district, federal or other attorney of appropriate jurisdiction to decline prosecution is considered. This requirement may be waived if no criminal action appears to have been taken based on the opinion of DCF. Civil Recoveries - If recovery isn't available through a criminal action, a civil action must be considered. Copies of any pending court actions must be provided. This requirement may be waived if civil recovery does not present a reasonable option for recovery based on the opinion of DCF. Private Agreements - If the recipient of the transfer has agreed to repay the funds in order to avoid legal action, but is unable to do so in a lump sum, a written repayment agreement may be established. The agreement must be presented to the agency for consideration and final approval. Repayment arrangements must be clearly stated in a written agreement. The repayment terms and conditions must be included and the agreement must be notarized . Private Legal Consultation - If the individual does not wish to pursue the above options, or recovery actions are not reasonable in light of the circumstances of the case, the opinion of a private attorney shall be obtained. Kansas Legal Services staff may be available to provide this service for those with insufficient resources. A report of potential action provided by the attorney shall be presented to the agency. Recovery Waived - For situations where recovery has not been achieved and all avenues of recovery have been fully exhausted the agency can waive recovery and give the individual permission to abandon recovery activities. No penalty period is assessed in these situations. However, if the situation changes or new information becomes available, the agency may ask the client to again pursue recovery efforts.
5723.2 Intent to Receive Fair Market Value or Other Valuable Consideration - No penalty will be applied where the individual believed a fair market value was received, but actually transferred the property for a lesser value. It is not expected that all persons will avoid an error in judgment and a determination of intent must be made. In determining intent, the agency should first verify the fair market value of the property transferred as well as the particular circumstances surrounding the transfer:
The length of time the property was on the market;
The efforts the individual made to sell the property;
Methods of advertising and marketing the property;
Other offers received for the property and specific reasons regarding the individual’s decision to accept or reject the offer;
The fair market value of the property at the time of the transfer, as believed by the owner compared to the actual value of the property;
The recipient of the transferred property;
Other considerations the individual may have received in exchange for the property that were pertinent to the decision. Consideration is given to the receipt of other assets, objects, services or other benefit which has a tangible or intrinsic value to the individual
5723.3 Transfer of Property for Purposes other than to Qualify for Food Assistance - A penalty period is not considered if a satisfactory showing is made that the transfer occurred exclusively for a purpose other than to qualify for food assistance.
Any transfer of property for less than fair market value within the 3-month period immediately preceding the date of the application is presumed to have been made for the purpose of establishing or maintaining Food Assistance eligibility. The burden of proof is on the individual to disprove the presumption the transfer was made exclusively for another purpose. Clear and convincing evidence must be provided to establish the claim. The individual must provide a chronological record of the facts related to each transfer within the 3-month period immediately preceding the date of the application which includes the following information:
the specific purpose for transferring the property;
any attempts to dispose of the property for fair market value;
the reason(s) for accepting less than fair market value;
how the individual planned for self-support after the transfer;
the individual’s relationship to the transferee;
the individual’s general health condition at the time of the transfer.
Clear and Convincing Evidence - The agency shall evaluate the information provided to determine if clear and convincing evidence exists to substantiate the purpose of the transfer. The following factors are considered: The transfer was ordered by a court and neither the individual nor spouse nor anyone acting in their legal authority or direction took any action to petition the court to order the transfer. Unexpected events that have altered the circumstances present at the time of transfer which occurred between the transfer and the application, including: a traumatic onset of disability or blindness ; the diagnosis of a previously undetected disabling condition; or an unanticipated loss of other income or resources completely outside of the control of the individual or spouse which would have otherwise precluded Food Assistance eligibility; Transfers to family members, friends and acquaintances are presumed to be for the purpose of becoming eligible unless evidence is presented that the transfer occurred exclusively for one of the following reasons:: the property transfer was necessary in relation to a change in location or maintenance of a satisfactory standard of living; the property transfer was related to payment of a legitimate debt created by a contract entered into prior to the delivery of services or materials and services or goods were provided at fair market value; the salvaging of an investment before foreclosure or failure of a business or a business investment to assist the person to be partially or wholly self-supporting; Gifts and other charitable contributions are presumed to be given for the purpose of becoming eligible for Food Assistance. The following exceptions apply when considering gifts: When the total amount of all gifts given totals less than $50.00 in a given month. For applicants only, gifts consistent with an established, well-documented, history of charitable contributions occurring over a number of years prior to the transfer. For example, an individual who has regularly given $100/month to her church for 25 years or an annual contribution to the Salvation Army at Christmas. The longer the period between the transfer and the application for assistance, the more weight is given to the individual's claim. Previous contact with the agency by the individual, spouse, responsible person or others concerning eligibility for medical assistance and/or consultation with or hiring of an attorney for estate planning purposes are strong indicators that the transfer was not exclusively for another reason other than to qualify for Food Assistance.
5725 Hardship - A transfer of property penalty period may be waived if denial of Food Assistance creates an undue hardship on the individual. Undue hardship is only applicable to financially needy individuals with no possible means of recovering the transferred property. Both financial and basic needs (including medical) must be demonstrated in each hardship claim. Undue hardship exists only if the individual can demonstrate actual, not merely probable hardship
Undue hardship does not exist when application of the transfer penalty causes the individual inconvenience or might restrict his or her lifestyle. It must put the individual in serious risk of deprivation. Undue hardship exists in instances where an individual who would otherwise be eligible for Food Assistance has demonstrated financial hardship through a suitable recovery effort and application of the transfer penalty period would deprive the individual of food.
5725.1 Evidence to Support a Claim of Undue Hardship - The individual must supply evidence to support the claim of undue hardship. The evidence should be directly related to the claim of undue hardship and may be of any form (e.g. legal documents, medical reports, etc). The circumstances surrounding the transfer shall also be considered.
Financial Hardship - The individual must demonstrate that an effort has been made to make resources available to pay for his or her care. Hardship may be demonstrated by documentation of one or more events in the following list. Comparable reasons may also be considered, but considerable documentation is necessary. The individual has demonstrated that all reasonable efforts to meet his or her needs from other available sources have been exhausted. Such efforts include using available exempt and non-exempt assets in which the individual currently has access, unless such use would put the individual or another blind, disabled or deprived individual at serious risk. For example, the individual would not be expected to sell a modest home in which he and his disabled son lived. He would also not be expected to sell necessary medical equipment or a vehicle required for employment. All reasonable means have been made by the individual to regain ownership of the transferred property or to receive full compensation for the property, or the individual demonstrates that efforts to do so would likely be unsuccessful or would not be cost effective. If funds can be made available only by selling assets which would deprive the individual, or another individual of a significant income source, which would put such individual at risk of receiving public benefits. Such risk must be demonstrated by the individual and must be substantiated by an individual certified to determine benefits for such public benefits. This does not apply if the asset being excepted is the asset transferred. The individual cannot recover the assets due to loss, destruction or other extraordinary circumstances.
Deprivation Hardship - The individual must demonstrate that he or she would be deprived of food. Hardship may be demonstrated by documentation. Comparable reasons may also be considered, but considerable documentation is necessary.
5725.2 Notification and Request for Undue Hardship - The individual shall be notified of the right to request an undue hardship exception upon notification of the transfer disqualification. The claim of undue hardship must be made in writing to the agency and may be made anytime during the penalty period. The claim must identify the circumstances surrounding the transfer with an explanation as to why an undue hardship exception should be granted.
5725.3 Decision Regarding Undue Hardship - The EES Program Administrator or designee are responsible for rendering the decision regarding undue hardship. The agency shall respond to the individual in writing with a decision within 30 calendar days from the date of receipt of the request.
If the undue hardship claim is granted, the transfer of property penalty shall be waived only to the extent necessary to prevent the potential or continued deprivation of benefits. A complete determination of Food Assistance would then be completed.
If the undue hardship claim is denied, the individual retains fair hearing rights (see 1610 ).
5800 Cryptocurrency (All Programs) -
Cryptocurrency such as Bitcoin, Ethereum, Litecoin are methods of storing and trading money. The price at which a cryptocurrency asset would be sold in a transaction involving market participants at a specified time and date would be considered its fair market value. Cryptocurrency asset market value shall be determined by converting the currency into USD using the exchange rate listed on the exchange that the cryptocurrency is stored in. Example: if a Bitcoin is purchased or held on the “Coinbase” exchange, the rate listed on that exchange shall be used to determine USD value. Cryptocurrency assets are countable resources, and any gains shall be considered dividends and any losses as decreases in value of resource. Loans made in cryptocurrency are considered loans and are exempt, if there is documentation of a repayment agreement signed by both parties (KEESM 6410.38). Withdrawn cryptocurrency or dividends shall be regarded as unearned income in the month in which they are received or reasonably expected to be received. Salaries, wages or self-employment income paid in cryptocurrency are considered earned income. Follow budgeting processes outlined in KEESM 7100. Cryptocurrency accounts must be verified only if resource is close to the resource limit, or if questionable. Any dividends, salaries, wages or self-employment income must be verified.
6000 - Income
There are two types of income, earned and unearned. Income shall include money received from such sources as wages, self-employment, property rentals, pensions, benefits, and contributions.
For applications, there shall be ineligibility for cash assistance when there is no budgetary deficit resulting from excess income.
For on-going cases, there shall be ineligibility for cash assistance when there is no budgetary deficit resulting from excess income, unless there are earnings included. When earnings are included, eligibility for the Work Incentive payment is to be explored.
Example #1: Eligibility exists in the first month of application, but no benefit was received due to proration. The following month the income which includes earnings, exceeds the TANF budgetary standard. Because there was eligibility in the previous month, even though no benefit was issued, there is eligibility for the Work Incentive payment in the second month.
Example #2: Client reports receipt of new employment. The first month of projected income indicates client is eligible, however the grant amount is under $10 and will not be issued. The following month, the gross earnings exceed the TANF budgetary standards, and eligibility for the Work Incentive payment exists.
6100 General Guidelines
The following general rules are applicable:
Income must be real. To be real, income must be such that its value can be defined and measured.
Income value must be established by objective measurement.
Income shall be considered available when a client has a legal interest therein and the legal ability to make it available. Earned income is available to the individual producing it and all persons for whom he is legally responsible. Unearned income is available to the individual for whom it is intended and all persons for whom he is legally responsible.
The income of all persons whose needs are included in the cash assistance plan, food assistance household (including excluded and disqualified individuals) or child care nuclear family must be considered. In addition, the income of all mandatory filing unit members who are excluded from the assistance plan in accordance with 4113 , 4212.2 , and 4212.3 must be considered unless otherwise exempted. If, in the month of application, a mandatory filing unit person has left the home, his or her income shall not be considered as being available to the family in that month. Also see 6400 .
The total income of both spouses shall be considered in determining the eligibility of either or both for assistance if they are living together (including physical separation while maintaining a common life). For TANF, Child Care, and Food Assistance, this provision would not be applicable when one or both spouses enter an institutional arrangement but would be applicable to HCBS arrangements if the care is being provided in the home and the couple continues to live together.
The income of an eligible or ineligible parent shall be considered in determining the eligibility of a minor child for assistance if the parent and child are living together. This includes the minor parent, unless that parent is in school per 2230 for TANF, Child Care, and Food Assistance. For TANF, Child Care, and Food Assistance, if the child receives HCBS services in the home and continues to live with the parent, the income of that parent must still be considered. If a parent enters an institutional living arrangement (whether or not the facility is Medicaid approved) for other than a planned brief stay (not to exceed the month of entrance and the following two months), his or her income shall be considered in determining the eligibility of a minor child only for the month the arrangement begins. Thereafter, only the minor child's income as well as any income contributed by that parent can be considered in determining the eligibility of that child. For TANF, Child Care, and Food Assistance, if the parent receives HCBS in the home and continues to live with the child, that parent's income must still be considered.
A conversion of property from one form to another shall not be considered as income except for the proceeds from a contract for the sale of property.
Income shall not be considered both as income and as property in the same month.
6200 - Unearned Income
Unearned income is any income that is not earned and may be derived from benefits (unemployment compensation, Social Security, VA, etc.), pensions, contributions, and settlements. Unearned income received or reasonably assured to be received in a month or in the eligibility base period shall be considered. This includes payments from temporary disability insurance and temporary worker's compensation.
Gross unearned income shall be considered unless exempt as noted below.
Income producing costs can be deducted from gross unearned income to consider the net amount. This could include such things as property taxes and insurance payments on income producing equipment, vehicles, or property as well as interest paid on property purchased on an installment plan. It would not include such things as income taxes, garnishment, depreciation, or payments toward principal on property purchased on an installment plan. Also, see 7122.1 for guidelines in establishing such costs on unearned income arising from a self-employment enterprise. It is the responsibility of the client to provide verification for income producing costs. In allowing for such costs, it is not the intent of EES programs to pay debts, subsidize a nonprofit activity, or treat income on the basis of IRS policies.
6210 Unearned Income Payments
6211 Regular Unearned Income - Regular unearned income shall be considered as income when it is reasonably assured to be available in the same monthly amount in the future. Regular unearned income shall be budgeted in accordance with 7100 and subsections.
6212 Irregular Unearned Income - Irregular unearned income results from income which varies in amount from month to month and is expected to continue. Irregular unearned income shall be budgeted in accordance with 7100 and subsections.
6213 Intermittent Unearned Income - Intermittent unearned income is received on other than a monthly basis such as quarterly, semiannually, or annually. It must be considered and averaged. (See 7120 .) Intermittent unearned income received prior to the first eligibility period shall not be considered. The case record shall clearly indicate that the income is being treated as "intermittent" unearned income.
NOTE: An additional benefit check is provided on an annual basis to retired members of the Kansas Public Employer's Retirement System (KPERS) who began receiving a benefit prior to July 2, 1987. This 13th check and is generally identical in amount to the monthly benefit. This check is to be treated as intermittent income and budgeted over the entire year by dividing by 12.
6220 Types of Countable Unearned Income
Assistance Payments (Food Assistance Only) - Assistance payments from state, federal or federally-assisted public assistance programs such as Supplemental Security Income (SSI), or Temporary Assistance for Needy Families (TANF) (including the Work Incentive payment), or other assistance payments based on need are countable. Unearned income shall also include cash or another form of assistance (excluding in-kind assistance) financed by state or local funds as part of a program which provides assistance to cover living expenses or other basic needs intended to promote the health or well-being of recipients. Such assistance is considered to be unearned income even if provided in the form of a vendor payment unless the vendor payment is specifically exempt as countable income per 6410 .
Annuities, Pensions - Annuities, pensions, retirement, veterans, or disability benefits, old-age, survivors, Social Security benefits, or strike benefits are countable. The amount of a VA benefit which has been augmented because of a dependent(s) (spouse and/or child) shall be regarded as income for the dependent, not the veteran. SSA benefits are considered the income of the person for whom they are intended. For food assistance, cash, and child care programs, VA aid and attendance payments are countable unearned income. (Note: for food assistance, a veteran getting aid and attendance would be considered disabled. As such, they are entitled to deduct medical expenses that exceed $35 per month including for maintaining an attendant, homemaker, home health aide, housekeeper or adult care services due to age, infirmity or illness. See 7223 ) For food assistance, adoption support payments, and foster care payments for children or adults who are considered as members of the food assistance household are countable. Foster care payments for children or adults who are considered boarders per 4220 shall not be included as income to the household caring for the foster child or adult. Independent Living foster care payments are considered the income of the foster child and are considered as income to the child minus the portion of the payment the sponsor or community advisor is allowed to keep as their fee (usually $50 or less). See 6410 .
SSI (Food Assistance Only) - SSI benefits are considered the income of the person for whom they are intended. See 6410 regarding retroactive SSI payments.
Child Support Prior To Assignment (TANF Only) - Support received in a calendar month of eligibility prior to the date of assignment less the amount exempted per 6410 shall be counted as income in determining eligibility and the amount of payment for that month only. Assigned Support Retained by CSS (TANF Only) - Assigned support reported as retained by CSS in a month shall be treated as nonexempt income in determining eligibility for each month. This includes child support retained by the state when a child in the home is in state custody. The support amount shall be considered with other income in the prospective month to determine if there is a deficit. If there is no budgetary deficit, there is ineligibility for a cash payment. If eligible, the support shall be excluded in determining the amount of payment. The provision for budgeting assigned support reported by CSS is not applicable when the support has terminated due to the: (1) death of the person paying support; (2) death or removal from the case of the individual for whom support is being paid; or (3) termination of the support obligation in court. Support Retained by The Client (TANF Only) - CSS will be responsible for recovering any court ordered assigned support which is received directly and retained by the client in violation of the assignment. EES staff will be responsible for recovering any voluntary assigned support which is received and retained by the client in violation of the assignment by establishing an overpayment and initiating recovery. See 11124 (4) . This applies to TANF cases and their corresponding food assistance cases. The only exceptions are those infrequent cases in which an individual has been sanctioned for noncooperation. In such cases, EES shall count as income the support anticipated to be received during the month(s) in which the individual is sanctioned. EES is to notify CSS of any known cases in which assigned support has been inappropriately retained in order for CSS to take appropriate recovery action. CSS shall notify EES of any noncooperation determinations which may result in such instances. See 6410 . Current Support (All Programs) - Current support and/or alimony payments made directly to the household by nonhousehold members. Support and alimony payments are considered the income of the person for whom they are intended. NOTE: For food assistance only, if the child for whom the support is paid is in the home of the parent paying the support, the child support income is not countable, since the income of the parent paying the support has already been counted. To count the child support as income would be double counting income, thus it is not counted. The child support deduction, however, is still allowed for the parent paying the support. Also see 7225 . Arrearage Support (TANF, Food Assistance and Child Care) - Arrearage support made directly to the household by non-household members. This specifically includes regular arrearage payments received with/without current child support. If the arrearage payment meets the criteria of a lump sum payment per 6410 , the arrearage would be exempt. Arrearage payments paid for a child whose current support order has ended are not considered child support payments and are considered the income of the person receiving the payment. When child support and/or alimony is paid through the court, the gross amount before the fee is deducted is considered countable income. The amount of the fee is considered a household expense and is not to be excluded as income per 6220 (11) .
Worker's Compensation and Unemployment Insurance - The amount of Worker's Compensation payments awarded before attorney's fees are deducted is countable income. This is due to the fact that the portion that is an attorney's fee is considered a household expense and is not an allowable deduction from the income. Also refer to per 6220 (11) . Refer to 6300 . The gross amount of unemployment compensation is countable income, even if some of the payment has been intercepted for child support purposes under the UI Intercept Program.
Certain Reimbursements - The amount by which a reimbursement exceeds the actual incurred expense (when so indicated by either the household or the provider) shall be counted as unearned income. Reimbursements for normal living expenses are also considered income. Refer to 6410 .
Trust Fund Income - Monies which are withdrawn or dividends which are or could be received by a household from trust funds considered to be exempted resources under 5430 (1) or 5430 (9) shall be considered income in the month received. Dividends which the household has the option of either receiving as income or reinvesting in the trust are to be considered income in the month they become available to the household, unless otherwise exempt under 5430 (1) or 5430 (9) . Income producing costs shall be deducted from gross trust income to determine the countable amount. See 6200 .
Gambling Winnings - All winnings from such sources as bingo, lotteries, or racetracks are treated as unearned income in the month received. Gross amounts are counted even if taxes are taken out prior to paying the household. A gambling payoff that cannot be anticipated would not be counted for households in prospective budgeting.
Vendor Income Not Exempt as Income - (See 6410 for exempt vender payments.) Monies that are legally obligated and otherwise payable to the household, but which are diverted by the provider of the payment to a third party for a household expense, shall be counted as income and not be exempted as a vendor payment. The distinction is whether the person or organization making the payment on behalf of the household is using funds that otherwise would have to be payable to the household. If an employer, agency, former spouse, or other person makes payments for household expenses to a third party from funds that are not owed to the household, these payments shall be excluded as vendor payments. Protective Public Assistance Payments - All or part of a public assistance grant which would normally be provided in a money payment to the household, but which is diverted to third parties or to a protective payee for purposes such as managing a household's expenses, shall be considered income to the household and not excluded as a vendor payment except as provided in 6410 . Diverted Court-Ordered Payments - Money deducted or diverted from a court-ordered support or alimony payment (or other binding written support or alimony agreement) to a third party for a household expense, shall be considered income. However, payments specified by the court order or other legally binding agreement to go directly to the third party rather than to the household, and support payments not required by a court order or other legally binding agreement (including payments in excess of the amount specified by a court order or written agreement) which are paid to a third party rather than the household, shall be considered income even if the household agrees to the arrangement. Excluding as a vendor payment specifically applies to military retirement benefits where a court has ruled that a percentage of the payment must go to the ex-spouse as part of the divorce decree. Because this is part of the property settlement allowed by law, the ex-spouse's payments are not counted as income to the retiree since they are no longer legally obligated and otherwise payable to the retiree. See section (a) above for countable vendor payments.
Money Withdrawn from an Individual Development Account (IDA) - Money withdrawn from an IDA and used for other than a qualified purpose [see 6410 ] shall be counted as unearned income in the month it is withdrawn.
Others - The following types of payments are also countable: Payments from government-sponsored programs, interest and dividends, royalties (see 7122.1 (4)), regular monetary gifts, GI Bill monthly housing allowance (MHA), royalty payments made to tribal members from casino profits, Trade Adjustment Assistance (TAA) Program payments; and all other direct money payments from any source which can be construed to be a gain or benefit.
See 6410 for exempt interest, dividends and monetary gifts.
Money Withdrawn from Cryptocurrency Assets - Withdrawn cryptocurrency or dividends shall be regarded as unearned income in the month in which they are received or reasonably expected to be received. See 6410 #35 for exempt dividends.
6300 - Earned Income
Earned income is income which is received as wages, salary, or profit resulting from the performance of services, including managerial responsibilities, by the recipient. Earned income may be derived from self-employment in the client's own business, or from wages or salary received as an employee including bonus pay received while an employee. Wages received from OJT are also to be considered as earned income unless received by a TANF child who receives WIOA [see 6410 ].
Sick pay is considered earned income.
Wages withheld by the employer to purchase benefits are counted as earnings in the pay period that the employee would have normally received them. Benefit "credits" offered in addition to wages which can be used to purchase benefits are not counted as income. If the employee does not use all of the credit to purchase benefits, and the employer pays the excess to the employee as part of their wages, the excess paid is counted as earned income.
NOTE : Salaries, wages or self-employment income paid in cryptocurrency are considered earned income.
6310 Types of Countable Earned Income
6311 Regular Earned Income - Regular earned income results from earnings which are reasonably assured to be available in the same monthly amount in the future. (See 7100 and subsections for budgeting.)
6312 Irregular Earned Income - Irregular earned income results from earnings which vary in amount from month to month and are expected to continue. From a practical standpoint, irregular earnings result from full- or part-time employment when payment is received on any basis other than monthly or twice a month. (See 7100 and subsections for budgeting.)
6313 Self-Employment - Self-employment income is earned income received directly from one's own business, trade, or profession. Some guidelines to determine if an individual is self-employed include whether the person: (1) holds himself out as a business (e.g., advertises), (2) decides when and where to work, obtains own jobs or sales, and pays own expenses, (3) has a risk of a profit or loss, and (4) pays his own FICA and income taxes (although this guideline, by itself, does not necessarily establish self-employment). The absence of one or more of these criteria indicate that the activity is not self-employment. Each situation must be evaluated on a case-by-case basis and documented in the case file as to whether a certain income is self-employment or not. An adjusted gross income amount must be determined by deducting income producing costs from the gross earnings.
Ownership of rental property and other income-producing personal property (other than cash assets) shall be considered a self-employment enterprise; however, income derived from the property shall be considered self-employment earned income only if a member of the household is actively engaged in the production of income and/or the management of the property at least an average of 20 hours per week. Otherwise it will be considered unearned income. See 5430 (12) regarding treatment of income producing property. NOTE: For all programs, net countable income from this property, whether earned or unearned, shall be determined using the 25% standard deduction or actual expenses if requested. See 7122.1 .
A loss from self-employment cannot be deducted from other income nor can a net loss of a business be considered as an income producing cost. Exception: For food assistance, a loss from farm self-employment can be deducted from other countable income. See 7122.1 .
When at least one person has wages and at least one person is self-employed, separate calculations are required and the countable incomes are then totaled. Self-employment income shall be considered and averaged. (See 7122 .)
Payments from a roomer or boarder shall be treated as though it were self- employed earned income. See 4222 for Allowable Costs of Doing Business for food assistance boarders. See 7122.1 for allowable cost of doing business (25% or actuals) for a roomer. Definitions of roomer and boarder are in Definition of Common Terms .
Payments to family or group day care providers through the Child Care Food Program, authorized by the National School Lunch Act shall be considered gross self-employment income from which the costs of doing business may be subtracted to determine net income. Included in the cost of doing business are the food expenses incurred by the day care providers to feed children under their care. Child care providers may also qualify to receive payments through this program for meals provided to their own children. These payments are also income from which the cost of providing meals may be deducted. The Child Care Food Program funds are administered by the State Department of Education and distribution to eligible day care providers is made through sponsoring organizations. Refer to item D-1 in the Appendix for the current list of sponsoring organizations.
6314 Intermittent Earned Income - Intermittent earned income is received on other than a monthly basis such as quarterly, semiannually, or annually. Such income is to be considered and averaged. Intermittent earned income received prior to the first eligibility period shall not be considered.
6315 Training Allowances and Payments - Training allowances and incentive payments and maintenance payments from vocational and rehabilitation programs recognized by federal, state, or local governments to the extent they are not a reimbursement are considered earned income. This includes wages earned through a job try out arranged through a CDC or through an industrial evaluation arranged through KETCH.
Compensated Work Therapy (CWT) payments made by the VA are considered earned income. CWT is designed to provide both vocational and rehabilitative services to veterans participating in the program.
Maintenance payments made by Kansas Rehabilitation Services are considered a reimbursement and are thus exempt. See 6410 .
Stipends to Native American which are intended to cover living expenses are also considered earned income.
6316 Wages Withheld/Salary Advances - Wages are sometimes paid in advance to an employee, usually at the request of the employee. Wage advances are not counted as income received. Repayment of those advances are not deducted from gross income, either.
However, wages held by the employer as a general practice, even if in violation of the law, shall not be counted as income to the household. For example, it is routine in many places of employment for the first week or two weeks of wages to be withheld and not paid until the following pay period. This is legal and the wages would not be counted until received.
6317 Income from Sale of Blood - Income derived from the sale of blood shall be treated as earned income.
6318 Garnished or Diverted Wages -
Available income shall not be reduced by wage earner plans, garnishments, income withholding orders and similar types of income reductions. Such forms of income withholdings are generally used to meet the individual's previous or ongoing obligations and are considered available for the purpose of determining cash.
Wages earned by a household member that are garnished or diverted by an employer, and are paid to a third party for a household's expenses, such as rent or child support, shall be considered income. However, if the employer pays a household's rent directly to the landlord in addition to paying the household its regular wages, the rent payment shall be excluded as a vendor payment. In addition, if the employer provides housing to an employee, the value of the housing shall not be counted as income.
6319 Family Subsistence Supplemental Allowance (FSSA) - FSSA payments made by the military to certain members of the Armed Forces is considered earned income for all programs. This program was implemented May 1, 2001 and provides certain members of the Armed Forces with a special allowance to partially address the issue of enlisted members relying on food assistance to make ends meet. Qualifying members and their families are eligible for a cash allowance up to $500 per month. The law authorizing the program, Public Law 106-398, does not prohibit members from receiving FSSA benefits and food assistance at the same time. The amount of the FSSA will be shown on the member's Leave and Earnings statement .
6320 Contract Labor - Income earned from an employer which forces the worker to absorb significant expenses in order to remain employed is treated as self-employment income. These positions generally require the employee to enter into a contractual relationship with the employer.
Examples of this type of employment would include a truck driver forced to purchase or lease his own truck, a rural mail carrier who must provide her own vehicle or pay all travel expenses, or a DCF Out-of-Home relative child care provider. This would not apply to In-Home Child Care situations as with these arrangements, the DCF parent is considered the employer of the child care provider (relative or non-relative) coming into the child's home. The presence of additional expenses must be verified and documented. Such expenses must be directly related to the person's employment and required to maintain employment. Expenses cannot be reimbursed. Earnings dependent only upon typical deductions from income (such as state and federal taxes, OASDI, Medicare, and other mandatory or optional deductions) do not meet this criteria. In addition, persons required to incur only nominal expenses, such as mechanics required to purchase their own tools or regular postal employees required to purchase uniforms do not meet this criteria. These situations are to be evaluated on a case-by-case basis. The presence of a contract requiring the employee to provide equipment or cover costs necessary for employment is the primary indicator of income classified as contract labor.
6321 Basic Allowance for Housing (BAH) – The Basic Allowance for Housing (BAH) is a monthly payment made by the military to certain members of the Armed Forces, replacing the Variable Housing Allowance (VHA) and Basic Allowance for Quarters (BAQ). BAH (BAQ or VHA) is countable earned income.
6400 - Exempt Income
6410 Income Exempt as Income Only and Income Exempt as Income and a Resource - "See Policy Memo # 05-03-01 re:Exclusion of Combat Pay
Income from the following sources is exempt as income only in the month received or, where indicated, also exempt as a resource in the following months.
Achieving a Better Life Experience (ABLE) Act Accounts (All Programs) – Any amount (including earnings thereon) in the ABLE account or distributions from the ABLE account are exempt as income in the month received and as a resource in the following months.
Adoption Support, Foster Care and Permanent Custodianship Subsidy
TANF and CC - Adoption Support, Permanent Custodianship Subsidy and Foster Care payments (including Independent Living payments) are exempt as income in the month received and as a resource in the following months. Also see 2210 . Food Assistance - Foster care and Permanent Custodianship Subsidy payments are exempt if the child(ren) are not included in the household. See 4211 (1) . Adoption support payments are not exempt.
Agent Orange (All Programs) - Agent Orange settlement payments made pursuant to P.L. 101-201 are exempt as income in the month received and as a resource in the following months.
Alaska Native Claims (All Programs) - Distributions from Native Corporations formed pursuant to the Alaska Native Settlement Act including cash, stock, partnership interest, land or interest in land, and interest in settlement trust are exempt as income in the month received and as a resource in the following months.
Aleut Income (All Programs) - Payments granted to certain eligible Aleuts under Title II of P.L.100-383 (enacted 8/10/88) is exempt as income in the month received and as a resource in the following months.
AmeriCorps (All Programs) - Any payments provided through AmeriCorps are exempt as income in the month received and as a resource in the following months. Also see below for special rules regarding the treatment of VISTA Income (an AmeriCorps Program).
Assistance Payments - All Programs Except Food Assistance - Retroactive assistance payments are exempt as income in the month paid and as a resource in only the following month. Food Assistance - Cash assistance payments shall be counted as income when they are received in the month for which they are intended and they are authorized in time to affect the corresponding issuance month considering appropriate timely notice requirements. Retroactive cash assistance payments shall not be counted as income for food assistance purposes. If the amount of the initial cash payment cannot be reasonably anticipated at the time of the food assistance eligibility determination, the possible cash payment shall be disregarded and the subsequent approval of the cash payment shall then be handled as a change in circumstances.
Census Earned Income (All Programs) - The earned income of temporary census employees shall be exempt.
Charitable Donations (All Programs) - Any cash or in-kind donation based on need not to exceed $300 in any quarter starting in January, April, July or October which are received from one or more public or private nonprofit charitable organizations are exempt as income in the month received and as a resource in the following months. Amounts in excess of $300 shall be considered as countable unearned income.
Child Care Payments (All Programs) - Child Care payments made to persons other than a child care provider are exempt as income in the month received.
Child Support (All Programs) Support received on or after the effective date of assignment to DCF is exempt as income in the month received except when: The current support reported by CSS and treated as nonexempt income results in TANF ineligibility (see 6220 ); A person has been sanctioned for noncooperation. In such instances, assigned support retained by a person during the sanction period for noncooperation shall be counted as income. An arrearage payment that is not retained by DCF and is forwarded to the client with the exception of prospective support received in the application processing month. (see 2164 and 7124.2 ) This does not include prospective support received after TANF approval in the application processing month. NOTE: This exemption does not apply to arrearage payments paid for a child whose current support order has ended. These payments are not considered child support payments and are considered the income of the person receiving the payment.
Children's Earnings - The earned income for a child is exempt as income in the month received in the following situations: For TANF, this exemption applies to children under age 18 or under age 19 if the child is working toward attainment of a high school diploma or its equivalent. See 2210 . For Food Assistance, this exemption applies to children under age 18 if the child is working toward attainment of a high school diploma or its equivalent. See 2210 . For Child Care, the earnings of any child under age 18 (or age 19 if the child is working toward the attainment of a high school diploma or its equivalent) are exempt unless the child is legally responsible for another person in the nuclear family. If the child's earnings or amount of work performed cannot be differentiated from that of other household members (Example: migrant farm workers), the total earnings shall be prorated equally among the working members of the household and the child's pro rata share excluded if they meet the exclusions listed above. Once a student's income loses its exempt status per above, that earned income shall be countable effective with the income month following the month in which the income loses its exempt status. For example, if a student receiving food assistance turns 18 on September 5th, the student's earned income would be counted prospectively effective for October, since October would be the first income month in which the student was 18 years or older at the beginning of the month. This exclusion does not apply to emancipated minors or to unemancipated minors determined to act in own behalf per 2112 (2). For TANF and Food Assistance, exclusions continue to apply during temporary vacation breaks, provided the child’s enrollment will resume following the break.
Combat Pay (All Programs) - Additional pay received by military personnel as a result of deployment to a combat zone is exempt. Refer to Policy Memo 05-03-01 for details on determining countable income for households with a member in a combat zone. Also refer to Combat Zones Approved for Tax Benefits for a current list of combat zones.
Crime Victims Fund (All Programs) - Payments made pursuant to the Crime Victims Fund (Public Law 103-322), as amended are exempt as income in the month received.
Death Benefits - All Programs - Death benefits (OASDI, VA, RR, or other burial benefits) when used toward the cost of burial are exempt as income for the month received and as a resource in the following months. Payments occasioned by the death of another person to the extent that the payments have been expended or committed to be expended for purposes of the deceased persons last illness and/or burial. Such payments include, but are not limited to, proceeds from a life insurance or burial insurance policy, gifts, and inheritances. F or the purposes of this provision, a person's last illness is defined as the illness which resulted in the person's death. Death resulting from injuries would not be considered in this definition. Medical expenses that can be reasonably attributed to the persons last illness shall be excluded in determining the amount of payment that is considered to be available. Documentation is required.
Disaster Payments (All Programs) - Federal major disaster and emergency assistance and comparable disaster assistance provided by state or local government or by disaster assistance organizations in conjunction with a presidentially declared disaster are exempt as income in the month received and as a resource in the following months. This includes disaster unemployment assistance to an individual as a result of a major disaster. Individuals cannot be eligible for any other unemployment compensation and also receive disaster unemployment benefits. Payments are limited to 26 weeks. EES Administration will notify the field if such disaster unemployment assistance is paid in Kansas due to a major disaster.
Donated Foods (All Programs) - The value of the U.S. Department of Agriculture donated foods are exempt as income in the month received and as a resource in the following months.
Earned Income Tax Credits (All Programs) - Earned income tax credits received as a lump sum refund is exempt as income in the month received and as a resource in the following twelve months.
Educational Income (All Programs) - Any bona fide grant, scholarship, loan or other money payment for educational purposes from any source including, but not limited to, PELL grants, SEOGs, GLSs, Carl D. Perkins Vocational ACT grants, college work study, grants or loans from civic organizations, Veterans Educational Income and private student loans from family or nonfamily members is exempt as income in the month received and as a resource in the following months. NOTE: Veteran's Educational income includes: GI Bill; vocational rehabilitation payments for service related disabilities (Chapter 31); and educational payments to children (18-26) and spouses of Veterans with a service connected death or 100% disability. The portion of the GI Bill payment that is the monthly housing allowance (MHA), is NOT exempt under this provision. See 6220 (11). Interest on Kansas Investments Developing Scholars (K.I.D.S.) accounts is exempt as long as the account is maintained. Withdrawals from the Participant Account and from the Match Account are also exempt. Monies which are received as monthly living benefits from stipends or special programs such as Social Security to survivors based on educational participation, or to Native Americans through Tribal sources or Bureau of Indian Affairs shall not be exempt under this provision as they are not considered grants, loans or scholarships.
Energy Assistance (All Programs) - Payments or allowances made under some federal laws for the purpose of providing energy assistance are exempt from consideration as income in the month received. An example of such federal program is the Department of Health and Human Services' Low Income Energy Assistance Program (LIEAP). Other home energy assistance furnished by a federal or state regulated entity whose revenues are primarily derived on a rate-of-return basis, by a private nonprofit organization, by a supplier of home heating oil or gas, or by a municipal utility company which provides home energy, if the assistance provided is based on need, is exempt as income in the month received. For food assistan ce, energy assistance payments made under the state or local laws to households containing an elderly or disabled member are excluded. (There are no State programs in existence at this time.)
Family Subsidy (All Programs) - Family subsidy payments provided through the Mental Health and Developmental Disabilities Commission or Family Support payments provided through the Prevention and Protection Services Commission are exempt as income in the month received and as a resource in the following months.
Filipino Veterans Equity Compensation Fund (All Programs) – Payments from the Filipino Veterans Equity Compensation Fund are exempt as income and as a resource. This fund was created by the American Recovery and Reinvestment Act (ARRA) of 2009 for certain veterans and the spouses of veterans who served in the military of the Government of the Commonwealth of the Philippines during World War II. The compensation fund offers one-time payments of up to $15,000 to eligible persons.
Food Assistance (All Programs) - The value of the benefits issued under the current Food and Nutrition Act of 2008 are exempt as income in the month received and as a resource in the following months.
Foster Care (Food Assistance) - See 4220 .
Foster Grandparents All Programs Except Food Assistance - Any payment provided to volunteers serving as foster grandparents is exempt as income in the month received and as a resource in the following months. Food Assistance - The payment referenced in (a) above is only exempt as income in the month received.
Gifts (All Programs) - Gifts $50 or under (per case/per month) of irregular, occasional or unpredictable monetary gifts are exempt as income in the month received. Regular monetary gifts of any amount are countable. Gifts of more than $50 are countable in full. Examples: 1) Ann received $40 for her birthday. This payment is exempt. 2) Bill receives $100 a month from his mother to help pay his rent. It is not a loan, it is a gift. The full $100 is countable since it is in excess of $50. Note : Establishment-specific gift cards (such as Walmart or Olive Garden) shall be exempt as income. However, credit card company gift cards (such as Visa or MasterCard that can be spent as cash) that are provided regularly and can be reasonably anticipated shall be counted as income.
Health Profession Opportunity Grants (HPOG) (All Programs) - The Patient Protection and Affordable Care Act (ACA) amended the Social Security Act to provide demonstration project authority to address health professions and workforce needs. HPOG was awarded to 32 entities, including State agencies, workforce investment boards, community based organization and institutions of higher education. Section 5507 of ACA specifically excludes any aid, services, or incentives provided to an eligible beneficiary under the HPOG from being counted as income in determining eligibility and benefits for any means tested program. In Kansas, the Kansas Health Profession Opportunity Project (KHPOP) meets this criteria, and any payments received from the program are exempt as income.
Holocaust Survivors (All Programs) - Reparation payments made to Holocaust survivors are exempt as income in the month received.
Hostile Fire Pay (All Programs) - Hostile fire pay (also known as combat pay)received while in active military service is exempt as income in the month received. See Policy Memo 05-03-01 for more detailed information, especially the applicability of this exemption on food assistance cases.
Housing Assistance (All Programs) - Housing assistance from federal housing programs including negative rent payments made to tenants of subsidized housing under HUD regulations is exempt as income in the month received and as a resource in the follow months.
Independent Living Foster Care Payments (Food Assistance ) - The portion of independent living payments, that the sponsor or community advisor is allowed to keep (usually $50 or less), is exempt as income for the independent living foster care child. The remainder is countable income for the foster child. See 6220 (2) .
Indian Monies $2,000 Per Year (All Programs) - Up to $2,000 per calendar year of income received by individual Indians, which is derived from leases or other uses of individually-owned trusts or restricted lands pursuant to P. L 103-66 and P. L. 97-458 is exempt as income in the month received. For purposes of this provision, the exclusion of income shall be applied only to months for which an eligibility determination is being made. For income which is received monthly or more frequently, the exclusion shall be applied beginning with the first month of eligibility determination until the $2,000 limit is attained. For intermittent income situations, the income up to $2,000 shall be subtracted from total intermittent income for the appropriate period with the remainder prorated to determine the countable monthly amount. These payments are exempt as income in the month received and as a resource in the following months for the Food Assistance Program. Secretary of Interior (All Programs) - Any funds for an Indian tribe which are distributed or held in trust by the Secretary of the Interior (including Indian judgment funds), including interest and investment income accrued on money held in trust and initial purchases made with any funds distributed are exempt as income in the month received and as a resource in the following months. Contact with the Bureau of Indian Affairs will be necessary to verify that the funds are exempted or are another type of benefits which must be counted as income. Aroostook Band (All Programs Except Food Assistance) - Payments granted to the Aroostook Band of Micmac Indians under Public Law 102-171 are exempt as income in the month received and as a resource in the following months. Assiniboine Tribe (Food Assistance) - Payments awarded to the members of the Assiniboine Tribe of the Fort Belknap Indian Community or the Assiniboine Tribe of the Fort Peck Indian Reservation, received pursuant to P.L. 98-124 (enacted 10-83) are exempt as income in the month received and as a resource in the following months. Chippewa Tribe (Food Assistance ) - Payments awarded to the members of the Red Lake Band of Chippewa Indians, received pursuant to P.L. 98-124 (enacted 10-83)are exempt as income in the month received and as a resource in the following months . Navajo and Hopi (Food Assistance) - Payments of relocation assistance to members of the Navajo and Hopi Tribes under P.L. 93-531 are exempt as income in the month received and as a resource in the following months. Ottawa Tribe (Food Assistance ) - Payments received from the disposition of funds to the Grand River Band of Ottawa Indians (P.L. 94-540) are exempt as income in the month received and as a resource in the following months. Passamaquoddy Tribe (Food Assistance) - Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980 (enacted 10-83) are exempt as income in the month received and as a resource in the following months. Yakima Nation and Apache Tribe (Food Assistance) - Payments by the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation (P.L. 95-433) are exempt as income in the month received and as a resource in the following months.
Individual Development Accounts (All Programs) - The interest on an allowable individual development account (IDA), including authorized matching contributions and accrued interest, is exempt as income as long as the account is maintained. For Working Healthy, income deposited into an IDA is also exempt in the month deposited. IDAs are exempt resources for all programs. An allowable IDA meets the following guidelines: It is established by or on behalf of a TANF recipient or by or on behalf of an individual participating in the Assets for Independence Demonstration Program (AFIA) and is used for a qualified purpose. qualified purpose is one or more of the following: post-secondary education expenses for college or vocational-technical school. Learning Quest or other 529 accounts are not considered IDAs; first home purchase (must not have owned a home within three years of acquisition); or business capitalization (business plan must be approved by financial institution or non-profit loan fund). NOTE: Any funds withdrawn from an IDA and used for any purpose other than one of those listed above shall count as unearned income in the month withdrawn. The IDA must be a trust funded through periodic contributions by the establishing individual and may be matched by or through a qualified entity for a qualified purpose. A qualified entity to match IDA funds for a TANF recipient is either a not-for-profit organization described in section 501(c)(3) of the IRS code of 1986 and exempt from taxation under section 501(a) or a state or local government agency acting in cooperation with a 501(c)(3) organization. For AFIA participants, matching contributions are made by the federal government through a grantee. TANF and AFIA recipients may only contribute to IDAs with income derived from earnings. Note: The earnings of an adult placed in an IDA are counted as earned income in the month earned. Parents may establish IDAs for their children as well as for themselves. Children may also contribute their earnings to accounts established by or for them.
In-kind Income (All Programs) - Work in exchange for goods or services, instead of money. In-kind benefits are exempt as income in the month received.
Interest and Dividends Interest and dividends (All Programs) - If interest and dividends are received irregularly, are unpredictable and are less than $30 in a quarter, they are exempt. Interest to a Burial Fund (All Programs) - Intere st credited to an exempted burial fund or to a prepaid burial space contract account is exempt as income in the month received and as a resource in the following months. See 5430 (9) .
Japanese Aliens (Non-citizens) (All Programs) - Payments granted to certain United States citizens of Japanese ancestry and resident Japanese non-citizens under Title I of P.L. 100-383 (enacted 8-10-88) are exempt as income in the month received and as a resource in the following months.
Kinship Care payments (Food Assistance) - See 4220 .
Loans (All Programs) - All loans, including loans from private individuals as well as commercial institutio ns, deferred educational loans, and cryptocurrency loans shall be exempted from household income. Monies received from reverse mortgages are treated as loans, even if payments are regular and predictable. When verifying that income is exempt as a loan, a legally binding agreement is not required. A simple statement signed by both parties which indicates that the payment is a loan and must be repaid shall be sufficient verification. However, if the household receives payments on a recurrent or regular basis from the same source but claims the payments are loans, the provider of the loans may be required to sign a statement which indicates that repayments are being made or that payments will be made in accordance with an established repayment schedule.
Lump Sums (All Programs) - Lump sum payments are exempt as income in the month received. A lump sum payment is defined as a nonrecurring one time payment which, if received regularly, would be non-exempt. Classification as a lump sum is dependent on its unpredictability either in amount or time of receipt which prohibits consideration as intermittent income. Lump sum payments may be from (but not limited to) the following sources: Income tax refunds, rebates, or credits when paid as a lump sum benefit. Tax refunds are exempt as a resource in the following twelve months. Other payments, such as retroactive cash assistance, unemployment compensation, Social Security, SSI, or railroad retirement benefits. NOTE: Retroactive SSI benefits in an amount that equals or exceeds 12 times the federal benefit rate to an eligible SSI individual are paid in installments. The retroactive payments are paid in no more than 3 installments and are made at 6-month intervals. Since these installments replace what would have been paid a single lump sum payment, installment payments for retroactive SSI benefits are exempt as income. If SSA requires that the SSI lump sum be placed in a separate account, the entire amount of the lump sum shall be exempt, including any portion of the lump sum that is for the current income month. Lump sum insurance benefit, including proceeds from crop insurance. Refunds of security deposits on rental properties or utilities. Bonus or severance pay paid in a lump sum after employment has been terminated. Retroactive child support rebate payments including CSS checks (URA) received by the client while the TANF case is in open status. VA pension benefit adjustments paid in a lump sum. Lump sum child support arrearage payments. (If an arrearage is owed, child support payments paid in excess of the current support obligation are considered an arrearage.) Excess insurance payments received through the Medicaid Program. The one-time $250 Social Security, SSI, Railroad Retirement and Veteran's payments made as a result of the American Recovery and Reinvestment Act of 2009 (economic stimulus legislation). The legislation exempts these payments as income and also exempts them as a resource for the month of receipt and the following nine months. The $1,000 payment received in lieu of TANF benefits under the Diversion Payment Program Option described in 1118 . The payment is considered exempt as income and as a resource only in the month received. Gate money received by persons when they leave prison.
Medicare Advantage supplemental benefits - All Medicare Advantage supplemental benefits are exempt as income in the month received and as a resource in the following months.
Mineral Rights and Oil Royalties - Mandatory deduction of severance taxes from mineral rights and oil royalty income shall not be included as income
Monies Withheld Voluntarily or Involuntarily Food Assistance - Monies withheld from an assistance payment, earned income, or other income source, or monies received from any income source which are voluntarily or involuntarily returned to repay a prior overpayment received from that income source, are exempt as income in the month received, provided that the overpayment was not excludable at the time of the original payment. Monies withheld from assistance payments (e.g., TANF, SSI) shall be included as countable income if the monies are withheld for the purpose of recovering from a household an overpayment which resulted from the household's fraudulent failure to comply with a state, federal, or federally-assisted program which provides assistance on the basis of financial need. (For a definition of "fraudulent," refer to 11200 ). Mandatory deductions from military pay for educational purposes shall not be included as income (or as a resource) while the individual is enlisted in the armed services. If individuals enroll in an educational institution after they leave the service, the amount withheld from salary plus any amounts matched from the VA will be treated as countable educational income minus expenses. Individuals who choose not to attend any school will receive the withheld monies in a lump sum payment and the payment shall be exempt per Lump Sums (above). In addition, for all programs, programs not based on financial need that have a portion withheld to repay a prior overpayment received from that same income source, such as SSA, VA, Unemployment or Workers Compensation shall not have the portion withheld counted as income.
National Community Services Act (Food Assistance) - Payments received under Title I of The National and Community Services Act of 1990 (P.L. 101-610) as amended by P.L. 103-82 are exempt as income in the month received. Programs in Kansas funded under this Act are the Youth Service Corps programs operated through Donnelly College (Kansas City, KS), the Kickapoo Tribal Nation, the Topeka Youth Project, and AmeriCorps. All payments are exempt except on-the-job training payments received by persons age 19 or over, or received by persons under the age of 19 who are not under the parental control of another household member.
Older Americans Act (All Programs) - Payments received via the Senior Community Services Employment Program (SCSS P), a special program designed to serve low-income seniors under Title V of the Older Americans Act, are exempt as income in the month received. This program is administered by the Department of Commerce. The program provides up to 1,300 hours per year of part-time employment for individual age 55 and older in community service arrangements. Programs funded in Kansas include: SER Corporation and the American Red Cross.
PASS Plan (Food Assistance) - Social Security Disability benefits received pursuant to a Plan to Achieve Self-Support (PASS Plan) are exempt as income in the month received and as a resource in the following months. This exclusion is mandated by P.L. 102-237 enacted 12-13-91. Any other unearned or earned income placed into a PASS plan is also to be exempted.
Radiation Exposure (All Programs) - Payments made pursuant to the Radiation Exposure Compensation Act, P.L. 101-426 (10-15-90) are exempt as income in the month received and as a resource in the following months. This law compensates individuals for injuries or deaths resulting from exposure to radiation from nuclear testing and uranium mining in Arizona, Nevada and Utah.
Refugee Resettlement Program Funds (All Programs) - Match Grant funding and Reception and Placement (R&P) funding provided to individuals by a refugee resettlement agency are exempt as income in the month received and as a resource in the following month.
Rehabilitation Services Payments (All Programs) - Income directly provided by Kansas Rehabilitation Services, except as noted in 6315 , is exempt as income in the month received and as a resource in the following months. Maintenance payments are also exempt as they are in excess of normal living expenses and are considered a reimbursement.
Reimbursements All Programs - Reimbursements for out-of-pocket expenses are exempt as income in the month received and as a resource only in the following month. Examples of exempt reimbursements are ones for job or training-related expenses such as travel, per diem, uniforms, and transportation to and from the job or training site. Reimbursements which are provided over and above the basic wages for these expenses are excluded; however, these expenses, if not reimbursed, are not otherwise deductible. Reimbursements for the travel expenses incurred by migrant workers are also excluded. Also exempt are medical and dependent care reimbursements, reimbursements to students for specific education expenses such as travel or books, and jury duty payments. To be exempt, these payments must be provided specifically for an identified expense other than normal living expenses and used for the purpose intended. When a reimbursement, including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses. For food assistance, reimbursements for normal household living expenses such as rent or mortgage, personal clothing or food eaten at home are a gain or benefit and, therefore, are not exempted. See 7227.1 for instructions on the treatment of expenses covered by a reimbursement.
Relocation Assistance (All Programs) - Payments received under the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 are exempt as income in the month received and as a resource in the following months. The applicant's or recipient's equity in a home is to be disregarded to the extent that such equity was purchased with payments under the Uniform Relocation Act of 1970.
Renal Dialysis (All Programs Except Food Assistance) - Special incentive payments received for renal dialysis patients for care in their own home are exempt as income in the month received.
Repair or Replacement Payments ( All Programs) - Income from a one-time payment or a portion of a one-time payment from a settlement for repair or replacement of property or other settlement, including legal services and medical insurance payments, when the settlement is used for the intended purpose within 6 months of its receipt. This income is exempt as income in the month received and as a resource in the following 6 months.
Repatriated Americans (All Programs) - Payments received from the Repatriated Americans Programs are excluded as income in the month received if the person receiving the payment is required to sign an agreement to repay the funds received. If this agreement is not signed, the payments must be counted as regular unearned income. (Refer to 1722 .)
Ricky Ray Hemophilia Act Fund (All Programs) - Payments made pursuant to the Ricky Ray Hemophilia Relief Fund Act, P.L. 105-364 are exempt as income and as a resource for all programs. The payment is a one-time amount of $100,000. NOTE: Interest earned on these exempt funds is not exempt as income. See 6220 #12 .
SCORE or ACE (All Programs) - Payments received through Service Corps of Retired Executives or Active Corps of Executives is exempt as income in the month received and as a resource in the following months.
Senior Health Aides (All Programs) - Payments received through Senior Health Aides or Senior Companions are exempt in the month received and as a resource in the following months.
Shared Living (All Programs) - I n shared living arrangements, cash paid from one family to another toward the total cost of shelter is exempt as income in the month received. The portion of shelter costs paid shall not be an allowable expense for the family receiving the payment. See 7227.1 .
SSI (All Programs Except Food Assistance) - Income of an SSI recipient (including 1619(b) recipients) and retroactive SSI benefits (even if the individual receiving the benefit is no longer an SSI recipient) are exempt as income in the month received and as a resource in the following months.
SUN Bucks - The value of the benefits issued are exempt as income in the month received and as a resource in the following months.
Tax Refunds (All Programs) - Legislated tax rebates and refunds are exempt as income in the month received . Tax rebates issued via the Economic Stimulus Act of 2008 are exempt as income and a resource in the month received and exempt as a resource in the following two months. For food assistance, tax refunds are exempt as income and as a resource for a period of 12 months after receipt.
Third Party Beneficiary Payments (Food Assistance) - Money which is received and used for the care and maintenance of a third-party beneficiary who is not a household member. Payments through an agency such as the Veterans or Social Security Administration which is responsible for monitoring the appropriate use of the funds are to be considered available to the person for whom they are intended. If a single payment is intended for both household and non-household members, any identifiable portion of the payment intended and used for the care and maintenance of the non-household member shall be exempted. If the non-household member's portion cannot be readily identified, the payment shall be evenly prorated among intended beneficiaries. The exemption shall be applied to the non-household member's pro rata share or that amount actually used for his/her care and maintenance, whichever is less.
Trust for a VA Child (All Programs) - Money for a child which is held in trust by VA and determined by VA unavailable for subsistence needs is exempt as income in the month received and as a resource in the following months.
VA Payments ( All Programs) VA benefits resulting from unusual medical expense (UME) deductions are exempt as income in the month received. NOTE: See Educational Income (above) regarding the treatment of VA Educational income. Benefits paid to children of Vietnam veterans who are born with spina bifida pursuant to Public Law 104-204 are exempt as income in the month received and as a resource the following months. Benefits paid to children of women Vietnam veterans born with certain birth defects pursuant to Public Law 106-419 are exempt as income in the month received and as a resource the following months.
Vendor Payments (All Programs) - Money payments that are not payable directly to a household but are paid to a third party for a household expense are vendor payments and exempted as follows (See 6220 (9) for countable vendor payments.): A payment made in money on behalf of a household shall be considered a vendor payment whenever a person or organization outside of the household uses its own funds to make a direct payment to either the household's creditors or a person or organization providing a service to the household. For example, if a relative or friend, who is not a household member, pays the household's rent directly to the landlord, the payment is considered a vendor payment and is not counted as income to the household. Similarly, rent or mortgage payments, made to landlords or mortgages by HUD or by state or local housing authorities, are other examples of vendor payments and are also exempted. Public Assistance payments or other assistance payments financed by state or local funds which are not made directly to the household but paid to a third party on behalf of the household to pay a household expense shall be considered an exempt vendor payment and not counted as income to the household if such payments are for: Medical assistance; Child care assistance; Housing assistance payments made to a third party on behalf of a household residing in temporary housing, if the temporary housing provided for the household lacks facilities for the preparation and cooking of hot meals or the refrigerated storage of food for home consumption. Public Assistance or other assistance vendor payments financed by state or local funds which are made on behalf of migrants in the labor stream are exempt and not counted as income regardless of the purposes of the vendor payments. Payments in money that are not made to a third party, but are made directly to the household, are counted as income and are not excludable as vendor payments. Public Assistance payments or other assistance financed by state or local funds which are provided over and above the normal Public Assistance grant or other assistance payment and would not normally be provided in a money payment to the household shall be considered emergency or special assistance and exempted as income if provided directly to a third party for a household expense. This rule applies even if the household has the option of and receives a direct cash payment. See 7227.1 for instructions on treatment of expenses covered by a vendor payment.
VISTA - VISTA is an AmeriCorps Program with special income treatment rules as follows: Cash and Child Care - Any payments received through the VISTA program are exempt as income in the month received. Food Assistance - Any payments received through VISTA are exempt only if the client was receiving food assistance at the time(s) he joined VISTA.
Work Employment Programs Payments (All Programs) - The values of any services or monies received for support or transitional services paid directly to the client through work programs as defined in KEESM 3400 are exempt as income in the month received. In addition, irregular monies and/or lump sums received as incentive payments for participation in approved work activities shall be exempt as income for TANF, Child Care, and Food Assistance purposes. Programs include but not limited to: Head Start/Early Head Start programs, supervised job placement programs, life skill classes, special disability and/or addiction treatment programs.
Work Opportunities Reward Kansans Payments (WORK) - Allocation payments made to individuals under an approved WORK Plan for Independence are considered a reimbursement and are exempt as income for all programs. All payments are also exempt as a resource in the month received. Funds retained following the month of receipt are exempt as a resource if such funds are maintained in an allowable WORK checking or savings account per 8400. Funds moved to non-approved accounts lose exempt status and are countable.
Workforce Investment Opportunity Act (WIOA) - Income received from the Workforce Investment Opportunity Act of 1998 (WIOA) is exempt as income with the exception of on-the-job training program payments and paid work experience received by persons 19 or older. On-the-job payments and paid work experience received by persons under 19 are exempt as income.
Youth Service Corps - Payments provided through Youth Service Corps are exempt in the month received.
6500 - TREATMENT OF INCOME AND DEDUCTIONS OF PERSONS NOT INCLUDED IN THE ASSISTANCE PLAN
6510 Income
Cash - The gross non-exempt earned and unearned income of legally responsible persons and mandatory filing unit members in the home and excluded from the assistance plan is counted in its entirety as available to the remaining household members. No disregards from income are allowed.
Food Assistance Excluded Individuals - A pro-rata share of the gross non-exempt earned and unearned income of excluded individuals shall be counted as income to the remaining household members. The pro-rata share is calculated by dividing the income evenly among the household members, including the excluded member(s). All but the excluded member(s) share is counted as income for the remaining household members Disqualified Individuals - The gross non-exempt earned and unearned income of disqualified individuals is counted in its entirety as available to the remaining household members. Non-household Members - Cash contributions made from non-household members to household members are considered as unearned income for budgeting purposes.
6520 Deductible Expenses/Income Disregards -
Cash - No deductions or disregards are applied to income of persons who do not receive benefits.
Food Assistance Excluded Individuals - The 20% earned income deduction shall apply to the prorated income earned by such excluded members which is attributed to the remaining household members. That portion of the household's allowable shelter, dependent care, medical, and child support expenses which are either paid by or billed to the excluded member(s) shall be divided evenly among the household's members including the excluded member(s). All but the excluded member's share is counted as a deductible shelter, dependent care, medical, and child support expense for the remaining household members. Note: The SUA may not be prorated for those individuals who share utility expenses but are excluded from the Food Assistance household. Disqualified Individual - The 20% earned income deduction shall apply to the income earned by disqualified members. In addition, the entire household's allowable standard, medical, dependent care, excess shelter, and child support deductions shall continue to apply to the remaining household members. Non-household Members - If a food assistance household shares deductible expenses with the nonhousehold member, only the amount actually paid or contributed by the household shall be deducted as a household expense. If the payments or contributions cannot be differentiated, the expenses shall be prorated evenly among persons actually paying or contributing to the expense and only the household's prorata share deducted.
7000 - Budgeting of Income and Determination of Financial Eligibility
7100 Budgeting of Income
A prospective (income estimate or conversion) or income average method of budgeting shall be used to determine eligibility and the amount of assistance. All income shall be counted in the calendar month received except when received on a twice a month or monthly basis. In such instances, income shall be viewed as being received by the client on the day that the payment is ordinarily scheduled.
NOTE: For teachers or other school employees, income shall normally be budgeted on a prospective basis as received unless the teacher has opted to receive their yearly contract salary over fewer than 12 months (such as only over 9 months during the school year). In such instances, the total year's income is to be averaged over 12 months so that a monthly amount of income is considered in determining eligibility and amount of assistance.
For food assistance, income from public assistance payments is considered to be income of the primary applicant. Also see 2552 regarding counting TANF payments following a first-time work penalty.
For all food assistance, child care, and cash benefit determinations when the household has countable earned and or unearned income, or has no income but has allowable expenses, documentation of the calculations used must be in the system or documented in the case file.
7110 Prospective Budgeting - A prospective budgeting methodology is used to determine eligibility and the amount of benefits/family share for all programs. Prospective budgeting is based on an estimate reflecting the income received and/or expected to be received in the calendar month and the deductions which will be billed to the household in that month (see 7210 and 7220 and subsections). The basis for any estimate (including tips) must be documented. For self-employment and other intermittent income and deductions, the estimate shall be determined as outlined in 7120 . A prospectively estimated budget may be recomputed if information is received that the estimate is no longer correct (e.g., income that was estimated to be received in a month is reduced or terminated). The client must request a new budget computation and the change shall be applied to the case in a month subsequent to the month in which it is requested in accordance with provisions in 9121.1 .
Earned income information must be analyzed to accurately prospect income. Past information must be evaluated to determine if it represents the future. Paystubs provided must be evaluated to determine if any are not reflective of future earnings, such as a high check due to one-time overtime or a bonus, a low check due to illness or missed work, or a first partial check. If overtime, bonuses, or commissions are on the pay stub, these must be evaluated to determine whether this income is recurring. If the person is employed where tips are paid, it must be determined if tips are actual or allocated. (Certain employers must allocate tips if the percentage of tips reported by employees falls below a required minimum percentage of gross sales. To "allocate tips" means to assign an additional amount as tips to each employee whose reported tips are below the required percentage.) Pay information provided must be evaluated to determine if there was a recent pay raise that will impact future earnings. Paystubs should also be evaluated to determine if there are any discrepancies in the year-to-date amounts. If so, the missing information must be obtained.
If the recent past 30 days is reflective of the future, that information should be used and documented to support the determination. If the past 30 days are not reflective of future earnings due to fluctuating income, more paystubs will need to be obtained to project future income. When using paystubs, the most recent should be used and they should be consecutive. If one or more checks are not reflective (high due to a one-time bonus, or low due to illness, for example) they should not be used in the calculation.
Documentation must be in the case file why any paystubs are not used in the computation. When income is from a new source, the pay rate has increased (or decreased) or when the numbers of hours to be worked has increased or decreased, the income should be projected from the best information available. Weekly and biweekly income must be converted to a monthly amount. See ( 2 ) below. Refer to 1322 for earned income verification requirements for the TANF, Food Assistance, and Child Care Program.
Budgeting rules are also dependent upon the frequency and regularity of income. The case record is to be documented as the method of computation. The following rules apply:
Regular Earned or Unearned Income and Deductions - Once the full monthly amount is determined, that same amount of income shall be budgeted providing the individual anticipates continued regular income and deductions. A new budget is required prior to redetermination only if regular income becomes irregular, there is no longer any income (not applicable to a job change if earnings remain regular), or there is a change in the monthly amount of regular income.
Irregular Earned or Unearned Income and Deductions - For income and expenses received or billed more frequently than on a monthly basis (i.e., weekly, biweekly, etc.), the amount to be budgeted shall be based on converting a "representative" amount to a standard amount of anticipated monthly income or deductions. "Representative" is defined as a month in which the amount reflects a full month's benefits or wages, or deductions.
Income and deductions in the same weekly amount are to be multiplied by 4.3. If the income or deduction amount received is in differing weekly amounts, a representative amount shall be determined and then multiplied by 4.3. Income and deductions in the same amount every 2 weeks are to be multiplied by 2.15. If the income or deduction amount received is in differing amounts every 2 weeks, a representative amount shall be determined and then multiplied by 2.15. Income and deductions in the same amount twice per month are to be added together to obtain a monthly amount. If the income or deduction is in differing amounts twice per month, a representative amount shall be determined and then multiplied by 2. NOTE: To prospectively estimate semi-monthly income from a new job, (when paychecks are not available to average) pay periods with varying hours must be taken into account. The easiest and most accurate way to make this determination is to calculate a weekly estimate, times 2.15 times 2. Multiplying the weekly amount times 2.15 will take into account pay periods that have fluctuating hours. For example, a person working 40 hours a week will have more than 80 hours in a pay period when paid semi-monthly. Taking 40 X the hourly rate X 2.15 X 2 will get a closer anticipation of projected income than taking 40 X the hourly rate X 2 X 2.
Irregular and Intermittent Income - Irregular and intermittent income received on a monthly basis in differing amounts or deductions billed monthly in differing amounts shall be averaged (see 7120 ). (E.g., fluctuating SSI (due to earned income) would be averaged for food assistance.)
Child Support Income/Deduction - Child Support (and alimony) income is averaged for purposes of the Food Assistance and Child Care Programs. See 7124 . The child support deduction (food assistance only) is budgeted as described in 7225 . Actual income shall be used for all programs in computing any month in which the amount of income is not representative.
Once a standard monthly amount is established, it may continue to be budgeted through the redetermination period. However, a new budget is required:
for cash, child care and food assistance when changes are reported in accordance with 9121 or 9122 ;
for food assistance simplified reporting cases, when the IR is processed;
7120 Income Averaging - The income averaging budgeting method is used to budget self-employment and intermittent (earned and unearned income) in the cash, Food Assistance, and Child Care programs. Income averaging is also used for all programs when irregular and intermittent income received on a monthly basis in differing amounts as indicated in 7110 (3) above. In addition, Child Care, earned and unearned income received in differing amounts on a monthly basis may be averaged. Income averaging is also used to budget child support income for the Food Assistance and Child Care Programs.
7121 Intermittent Income and Deductions - For intermittent income and deductions, the monthly amount shall be established by dividing the income/deduction by the proper number of months for the period that the income/deduction is intended (e.g., 3 months for quarterly, etc.). A fair estimate for the time period used for averaging shall be established with the client. Once the time period is established, the status of the case does not affect the time period. See example below. The case record shall clearly indicate that the income/deduction is being treated as intermittent. Intermittent unearned income received prior to the first eligibility period shall not be considered. However, if an average is established for a program and the client applies for another program, the intermittent income will be counted since a time period to count the income has already been established.
Royalty payments from tribal profits made to tribal members (e.g., casino payments, etc) will be treated as intermittent income. However, budgeting Indian royalty payments will be averaged annually, using the IRS 1099, or the same information from a reliable source, from the prior year’s income.
Since intermittent income is counted from the date of receipt and budgeted for the period of time that it is intended, it is possible that two monthly amounts could be considered for the same month. (See 6213 and 6314 .)
Examples:
Food Assistance client receives intermittent semi-annual income in April. Income is divided by 6 and 1/6th of total is counted each month for the months of May thru October. Client receives next semi-annual payment in September so 1/6th of payment is budgeted for each month of October thru March. Two payments will be considered in October.
Using example 1, the case closes at the end of June. The client reapplies in August. Since an existing time period had been established for counting the income of May through October, the intermittent income will be counted when determining benefits for August through October. If the payments continue, the intermittent income will continue to be counted.
Royalty Payment Examples The IRS1099 received for the prior year’s income will be used to budget income for the benefit year. An application is received in September. A quarterly royalty payment is received in the month of September. Using the IRS 1099, or the same information from a reliable source, received in January of that year, divide the total gross income by 12 months to determine the monthly amount counted in the budget. This amount will be budgeted throughout the certification period. Application for benefits received in October. Next royalty payment will be received in December. Using intermittent income rules, royalty payments will not be budgeted until the January benefit. Using the current year’s IRS 1099, or the same information from a reliable source, you will begin budgeting royalty payment income in January. An individual has recently been identified as belonging to a tribe and is now eligible for a royalty payment. As this individual has no IRS 1099 for the previous year, a prospective payment determination will need to be used in the budgeting. No income will be budgeted until a royalty payment is actually received. Once this payment is received, it will be averaged over the time period it is to cover, and will remain in place until the next IR or review. At the time of the IR, follow the rules of 9122.6 (1)(c)(v) if a change of $50 or more is reported.
7122 Self-Employment Income - See 6313 for guidelines to determine if an individual is self-employed. For self-employment income, an average shall be established based on the guidelines below.
Tax Return Filed - When a tax return has been filed, the average shall be based on the most recent year's income tax return filed. Provided the return reflects a full year of self-employment earnings, a twelve-month average shall be established.
Tax Return Not Filed or Does Not Contain Full Year's Earnings - If a tax return has not been filed (e.g., employment just started or client has not filed a return) or does not reflect a full year of earnings, an initial average shall be established based on at least 3 calendar months of income which are reflective of the individual's income pattern. If the earnings reported on the tax return are representative, an average can be established based on that information dependent on the number of months reflected for the earnings reported. Otherwise, the calendar months used to establish an average must be consecutively prior to the month of application or the month in which the average is being calculated. Income must be counted by the calendar month received. An average shall exclude only the first month of earnings when that amount is not representative. (See 7110 .) A prospective estimate shall be used until an average can be instituted based on methodologies for using actual or anticipated income in 7110 . When at least 3 calendar months of income are known following use of the prospective estimate and these months reflect the individual's income pattern, an average is to be established. However, if additional calendar months are necessary to more accurately reflect this pattern, the average should incorporate these months. Once an average is established, it may continue through the review period. When income is re-averaged (e.g., review or redetermination), at least 3 of the most recent calendar months shall be used. Once again, additional months should be used if necessary to accurately reflect the person's income pattern. However, once a full year of earnings is obtained based on tax return information, a new average is to be established with this information at the time of the next scheduled review and remain in effect until the following year's tax return information is available except as indicated below. For self-employment, the average is determined by totaling all adjusted gross earnings in the months being counted and dividing by the respective number of months. The calendar months being used and the corresponding earnings must be clearly documented in the case record.
Need for New Estimate/Average Based on Changes in Income - Income shall not be calculated on the basis of prior income (i.e., income tax returns) when the individual has experienced a substantial increase or decrease in earnings. If the averaged amount does not accurately reflect the individual's actual circumstances because he or she has experienced a substantial increase or decrease in business, the self-employment income shall be calculated on anticipated earnings until a new average can be established. Self-employment earnings may also be re-averaged prior to the review period or the availability of tax return information if the current average is no longer reflective of the person's income. This can be done by either establishing a new average which incorporates the change in income pattern or an estimate until at least three calendar months of income which are reflective are known. See 9121.1 for the effective date when a change is reported.
New or Ending Self-Employment - Changes to begin or terminate self-employment or to go from self-employment to regular employment shall be made based on what is anticipated in the forthcoming month or until a representative amount can be established. If a representative amount of standard employment (converted amount) or self-employment (averaged amount) is already established and that representative amount is expected for the forthcoming month, then that amount will be applied. If a representative amount is no longer anticipated for the upcoming month, then the actual amount anticipated shall be applied in the determination.
Unearned Income - If unearned income is treated as self-employment and received on a basis other than monthly it is budgeted as intermittent income per 6213 so that income received prior to the first eligibility base shall not be considered. (See 6313 (1) ).
7122.1 Income Producing Cost Deduction (All Programs) - Prior to the application of the income disregards and deductions listed in 7211 , a standard income producing cost deduction of 25% of the gross earnings must be subtracted from the gross earnings of persons who are self-employed. Gross earnings includes the amount of any capital gains from business-related property but excludes the amount of cost of goods sold.
Capital Gains are profits realized from the sale of capital goods or equipment associated with a business. The amount of countable capital gains is determined by the following computation:
Sales Price - Purchase Price - Improvement = Profit
This calculation is different than the calculation of capital gains for income tax purposes. For examples, IRS takes into consideration depreciation that has previously been allowed.
The cost of goods sold is the amount of expenses incurred for products purchased if the business makes or buys goods to sell. Most commonly it is the cost of merchandise purchased to sell by the business or the cost of raw materials that are made into a finished product to sell. The amount of the deduction for the cost of goods sold can be determined from the current federal tax return (see 7122 (1) ). Otherwise, the cost of goods sold is determined separately from other income producing costs. If the business maintains inventory logs, the cost of goods sold is determined by adding the total value of the business’ beginning inventory and the amount of merchandise purchased to sell/manufacture. Reduce this amount by any merchandise used for personal use and the cost of the ending inventory. The result is the cost of goods sold. See Item W-1 in the Appendix - The Cost of Goods Sold Worksheet. If the business does not keep inventories, the cost of goods sold shall be determined by the actual costs associated with merchandise sold in the period.
The adjusted gross income obtained from this shall then be used to determine countable income. However, if the individual disagrees with the 25% standard deduction, he or she has the option of using actual income producing costs as a deduction from gross self-employment earnings in place of the standard deduction.
NOTE: If use of actual income producing costs are requested and are less than the 25% standard deduction, the 25% standard shall be used. In addition, the 25% standard shall be used when no actual income producing costs are reported.
Income producing costs shall include only those expenses directly related to the actual production of income. It is the responsibility of the client to provide verification of income producing costs. In using the guidelines for income producing costs, it is not the intent of DCF to pay debts, set up an individual in business, subsidize a nonprofit activity, or to treat income on the basis of IRS policies.
In determining the amount of income producing costs to arrive at the adjusted gross income, the following expenses are allowable:
The cost of inventories and supplies that are reasonable and required for the business (such as items for sale or consumption and raw materials) are to be considered as income producing costs. Also included would be costs for seed, fertilizer, and plants. NOTE: The amount of allowable inventories is determined as part of the cost of goods sold (see above). The cost of unsold inventory is not an allowable expense.
Wages and mandated costs related to wages for employees of the self-employed are to be considered as income producing costs. However, an exclusion cannot be allowed for wages paid to the self-employed person or other assistance plan members.
For non-home based operations, such items as business space and utilities can be considered as income producing costs. For home based operations, such items as shelter and utilities are not considered as income producing costs (as they are included in the basic and shelter standards) unless the items are clearly distinguishable from the home operation based on separate utility meters, separate rental costs, on the individual's income tax forms. NOTE for Food Assistance: Because the State has a mandatory standard utility allowance, there is no separate deduction for utilities for a home-based operation when using actual costs of doing business.
Property taxes and insurance payments on equipment, vehicles, or property shall be allowed if evidence is provided that such payments are directly related to the business. This includes crop insurance. Privilege taxes such as licensing fees and general excise taxes that must be paid in order to earn self-employment income including severance taxes from income derived from mineral rights (e.g., oil royalties) are allowable.
For equipment, vehicles, or property purchased on an installment plan, the actual interest paid can be considered, but that portion of the payments with which the person obtains equity (the principal) cannot be deducted. This includes the principal on mortgage payments.
Business transportation costs, rental payments on income producing equipment, cost of repairs and maintenance of equipment, and storage and warehousing charges are allowable.
Legal and professional fees.
Office expenses, including office supplies.
Advertising.
Specific items are not allowable business deductions, such as:
Depreciation on equipment, vehicles, or property is not to be considered as an income producing cost.
A loss from self-employment cannot be deducted from other income nor can a net loss of a business be considered as an income producing cost. NOTE: See special provisions for farm self-employment income loss for Food Assistance. KEESM 7122.2 .
Federal, state, and local income taxes, monies set aside for retirement purposes, and other work-related personal expenses (such as transportation to and from work) are not allowable as these are contained in the work expense deduction.
For home based operations, such items as shelter and utilities are not considered as income producing costs (as they are included in the basic and shelter standards) unless the items are clearly distinguishable from the home operation based on separate utility meters, separate rental costs, on the individual's income tax forms. NOTE for Food Assistance : Because the State has a mandatory standard utility allowance, there is no separate deduction for utilities for a home-based operation when using actual costs of doing business.
Pension and profit-sharing plans.
Employee benefit programs.
Meals and entertainment.
When at least one person has wages and at least one person is self-employed, separate calculations are required and the countable incomes are then totaled.
NOTE: If the self-employed client is not participating in work programs or earning the equivalent of the federal minimum wage per hour after six months, child care services shall be terminated at the end of the current 12-month eligibility period. To find the current minimum wage click this link, https://www.dol.gov/general/topic/wages/minimumwage , then scroll down and click on "What is the Minimum Wage?"
7122.2 Special Provisions for Farm Self-Employment Income (Food Assistance) - "See Policy Memo #99-10-05 re: "Farm Loss Provisions for Farm Owner/landlords".
If the cost of producing farm income exceeds the income derived from self-employment as a farmer, such losses shall be offset against any other countable income (earned and/or unearned) in the household. For the purpose of this provision, to be considered a self-employed farmer, the farmer must receive or anticipate receiving annual gross proceeds of $1,000 or more from the farming enterprise.
Once a loss from farm self-employment has been determined, it is first deducted from other countable non-farm self-employment income by the system. If the farm loss is greater than the amount of other self-employment earned income, the remaining loss is then deducted from any other regular earned income in the household by the system. This deduction, however, does not occur until after the earned income deduction has been applied to the gross total of regular (not self-employment) earned income. If the farm loss is still greater than the amount of regular earned income, it is then deducted from unearned income by the system.
7123 Reserved
7124 Child Support and Alimony Income
7124.1 Child Support, Arrears and Alimony Income (Food Assistance and Child Care Only) - Child support and alimony income, including arrearages, will be calculated by using the most recent three-consecutive-month average (no conversion) to determine a monthly amount unless the child support/ alimony court order went into effect in one of the months that would be used in the average (or less than three months of support are available to average–see examples that follow) or the court ordered payments are less frequent than monthly and are intended to cover a certain period of time (i.e., intermittent income). Counting of arrearages includes arrearage payments made to TANF recipients who are approved on or after 10-1-09.
Voluntary child support (not court ordered) will be considered as child support for budgeting purposes and the provisions of this section will apply. If voluntary support was received prior to the three months that would be used in an average, then voluntary support received in the last three full calendar months prior to the month the budget is being created is used for the average. If receipt of voluntary support started in one of the three months that would be used in an average, then the voluntary support will be projected based on verified information and not averaged. Alimony shall be treated the same as child support, and averaged or prospected using the following guidelines.
Please note that the averaging income budgeting method is different and distinct from prospective budgeting. When averaging, all income (in this case alimony and child support) received in the calendar months being used for the budget is used when determining the average, with the exception of child support/alimony lump sum payments. See 6410 . Making a determination of whether a payment is representative, or what month the payment is for, does NOT apply. For example, child support received in January, February and March is being averaged. Payments received were: Jan 15th - $350, February 1st - $350, March 10th - $350 and March 31st - $300. The March 31st payment is for April, however since it was received (i.e. dispersed, see NOTE that follows) in March, it must be included in the average. If the April, May, June were being averaged, no support would be countable for April.
In another example, child support has been ongoing and January, February and March are being averaged. Payments received were none for January, $300 for February and $250 for March. The average would be $183.33. If however, support payments had just started in mid January, and only one payment of $150 was received, and February was $300 and March $300, an average would not be done since there are not three full months of child support to average (since it just started in mid-January). In this case, support would be prospectively budgeted until an average can be established.
Averaging Child Support/Alimony - If a court order for child support/alimony income was in effect prior to the three months that would be used in an average (including arrearages), the child support/alimony received in the last three full calendar months prior to the month the budget is being created for is used for the average. Child support/alimony income received weekly or biweekly is not converted. The actual monthly amount of current support received per absent parent is averaged. This includes situations where no support is received in the last three full calendar months and the budgeted average is zero. For example, an application is filed in August and is being processed in August. Determine the amount of child support to budget by averaging the child support received in the months of May, June and July. If the application is being processed in September, the months of May, June and July would be used for the August benefit month and also may be used for the September benefit month and ongoing. June, July and August may be used for the September and ongoing benefit months if the amount of August child support or alimony is readily available. It is not the intent to request additional information and hold up processing of the application, IR or review waiting for an additional month of verification. NOTE: When averaging child support income, the date of receipt is considered to be the disbursement date on the Kansas Pay Center and KAECSES - CSS . When a client is getting child support through KAECSES - CSS , KAECSES - CSS shall be used to verify child support and not the Kansas Pay Center. NOTE: When a TANF case closes and child support will be budgeted for the food assistance case, the child support assigned to DCF will be averaged to determine an amount to count on the food assistance case. Child Support/alimony is not averaged in the following situations: Projected Child Support/Alimony - If receipt of a child support/alimony court order went into effect in one of the months that would be used in an average, then the support income will be projected based on verified information and not averaged. When projecting child support/alimony income, follow the rules of 7110 . If the child support/alimony is received weekly or biweekly, then monthly current child support is converted. Arrearages payments being received should be projected separately. This projected amount can continue to be budgeted until the next IR or review. At the time of the next IR or review, the child support/alimony will then be averaged (provided there are three full months of child support to average). Intermittent Support - In rare situations, support payments are ordered to be less frequent than monthly. (For example, payments ordered every six months or yearly for a self-employed person.) In these instances the rules of 7121 apply, and the child support/alimony shall be averaged over the period of time the payment is intended to cover. Also see 6220 (4) and 6410 regarding countable child support.
Child support income/alimony must be calculated (averaged or prospected as appropriate) at initial application, when processing an interim report or 12-month report form if a change has been reported or the child support income is available on KAECSES, and at review. See 9122.6 (1)(c)(v). NOTE: If the client reports that child support/alimony income has terminated, then the child support average can be removed and a prospective estimate of no child support income would be used. (Examples: AP has been incarcerated, AP is deceased, AP has been disabled and cannot work). However, if the client sometimes receives child support and sometimes does not, this is considered fluctuating, irregular income and the child support average stays in place. Each case has to be determined on a case-by-case basis and carefully documented as to the reason the child support average was removed, or kept in place when a change of this nature has been reported.
7124.2 Child Support and Alimony Income (TANF and Grandparents as Caregivers only) - At the time of the TANF opening, any current court ordered child support received between first day of month of application and date the application is processed will be budgeted as income for those month(s). Anticipated court ordered child support payments that have not been received at the time of TANF approval will be exempt for TANF purposes and will be budgeted as described in the KEES user manual. If the anticipated child support will exceed the TANF budgetary guidelines, the TANF application will be denied. If the case passes the gross income test, the TANF case will be approved, then the anticipated child support will not be counted against the TANF payment. If the client eventually receives child support for the initial month, after the TANF has been approved, it will not be considered an overpayment.
7125 Child Support Arrears (TANF only)- Child support arrearages will be calculated by using a three month average (no conversion) to determine a monthly amount unless the child support court order went into effect in one of the months that would be used in the average (or less than three months of support are available to average - see examples in Section 7124) or the court ordered payments are less frequent than monthly and are intended to cover a certain period of time (i.e., intermittent income). Please note that the averaging income budgeting method is different and distinct from prospective budgeting. When averaging, all child support arrears received in the calendar months being used for the budget is used when determining the average, with the exception of lump sum payments. See 6410 (10) . Making a determination of whether a payment is representative, or what month the payment is for, does NOT apply. For example, child support received in January, February and March is being averaged. Payments received were: Jan 15th - $350, February 1st - $350, March 10th - $350 and March 31st - $300. The March 31st payment is for April, however since it was received (i.e. dispersed, see NOTE that follows) in March, it must be included in the average. If the April, May, June were being averaged, no support would be countable for April. In another example, child support has been ongoing and January, February and March are being averaged. Payments received were none for January, $300 for February and $250 for March. The average would be $183.33. If however, support payments had just started in mid-January, and only one payment of $150 was received, and February was $300 and March $300, an average would not be done since there are not three full months of child support to average (since it just started in mid-January). In this case, support would be prospectively budgeted until an average can be established.
Averaging Arrears - If a court order for child support arrears was in effect prior to the months that would be used in an average, the arrearage received in the last three full calendar months prior to the month the budget is being created is used for the average. Arrearage income received weekly or biweekly is not converted. The actual monthly amount of child support arrears received per absent parent is averaged. For example, an application is filed in August and is being processed in August. Determine the amount of child support arrears to budget by averaging actual arrearage payments in May, June and July. If the application is being processed in September, average arrearage payments received in June, July and August.
Child support arrears must be calculated (averaged or prospected as appropriate) at initial application, when processing an interim report or 12-month report for food assistance, and at review. NOTE: When averaging child support arrears, the date of receipt is considered to be the disbursement date on the Kansas Pay Center and KAECSES - CSS . When a client is getting child support through KAECSES - CSS , KAECSES - CSS shall be used to verify child support and not the Kansas Pay Center.
Child Support arrears are not averaged in the following situations:
Projected Arrearage payment - If receipt of child support arrears went into effect in one of the three months that would be used in an average, then the support income will be projected based on verified information and not averaged. When projecting child support arrearage income, follow the rules of 7110 . If the child support arrears is received weekly or biweekly, then the anticipated arrearage payment is to be converted to a monthly amount. This projected amount can continue to be budgeted until the next IR or review. At the time of the next IR or review, the child support arrears will then be averaged (provided there are three full months to average). Intermittent Support - In rare situations, arrearage payments are ordered to be less frequent than monthly. (For example, payments ordered every six months or yearly for a self-employed person.) In these instances the rules of 7121 apply, and the child support arrears shall be averaged over the period of time the payment is intended to cover.
Also see 6220 (4) and 6410(10) regarding countable child support.
NOTE: If the client reports that child support arrearage income has terminated, then the average can be removed and a prospective estimate of no arrearage income would be used. (Examples: AP has been incarcerated, AP is deceased, AP has been disabled and cannot work). However, if the client sometimes receives arrearage payments and sometimes does not, this is considered fluctuating, irregular income and the average stays in place. Each case has to be determined on a case-by-case basis and carefully documented as to the reason the average was removed, or kept in place when a change of this nature has been reported. NOTE: Arrearage payments counted for TANF are to be budgeted the same for the food assistance case.
7200 - Deductions from Income
7210 Deductions for Cash Programs - The following deductions are used in cash programs to determine countable income.
7211 Persons Included in the Assistance Plan - For persons with earnings who are included in the assistance plan, the following amounts shall be disregarded from the total nonexempt gross earned income (or adjusted gross for self-employed persons). The disregards shall be applied to each person in the plan who has earnings. If more than one person has earnings, separate calculations are required.
Work-related expenses of $90 for each employed person. The following items are included in the work-related expense: all income taxes; lunches; tools; special uniforms; transportation to and from work; parking; and other work-related expenses.
For TANF cash assistance,60% of the remainder of the person's monthly gross earnings after application of the $90 work expense. This disregard shall not be applied for initially establishing or re-establishing eligibility for a person unless the person was eligible for and received TANF (including the Work Incentive payment) in Kansas in one of the four preceding months. If eligibility without the 60% disregard is established, the benefit amount shall be determined allowing the 60% disregard.
For TANF cash assistance, expenses incurred for the care of a child or other dependent which are necessary for the person to accept or continue employment, seek employment, or attend training or pursue education which is preparatory to employment to the extent that the person is not otherwise reimbursed for the care. (Note that the deduction will benefit persons with earnings only.) Expenses are allowable only for children or dependents in the home and in the family group. Expenses may also include activity fees and the cost of transportation to and from child care facilities. Mileage reimbursement shall be the federal mileage reimbursement rate. If this expense is questionable, verification is required. The obligation to pay dependent care is to be verified before the expense can be allowed, if questionable. Also refer to 1322.2 (4). The child/incapacitated person care deduction shall be applied after application of the $90 and 60% earned income disregards specified above.
7212 Persons Not Included in the Assistance Plan - If a legally responsible person or mandatory filing unit member (see 4113 ) in the household is excluded from the assistance plan, all of that person's nonexempt gross earned and unearned income shall be considered. No income disregards shall be allowed.
7220 Deductions for Food Assistance
7221 Earned Income Deduction - This applies to compensation received as an employee, self-employment income, and training allowances. Earnings exempted in 6400 shall not be included in gross earned income for purposes of computing the earned income deduction. The earned income deduction is 20% of gross earned income.
7222 Standard Deduction - A standard deduction of a fixed amount per household per month. The standard deduction will change each year depending on economic factors. The allowable standard deduction is determined by household size.
The current standard deduction amounts are:
Household sizes from 1 - 3 = $209 Household size of 4=$223 Household size of 5 = $261 Household sizes of 6 and more = $299
NOTE: When determining the household size for purposes of the standard deduction, excluded and disqualified household members are NOT included.
7223 Excess Medical Deduction - That portion of medical expenses in excess of $35 per month, excluding special diets, incurred by any household member who is elderly or disabled as defined in the Appendix . See Appendix item P-1 for allowable medical costs. Billed expenses for which there may be a third party reimbursement are deductible in the month in which the third party reimbursement is received or can otherwise be verified, rather than when the bill is first received. Also see 7227.5 . Effective January 1, 2011, a Standard Medical Deduction of $175 shall be used for all elderly and disabled food assistance persons who have anticipated allowable medical expense(s) greater than $35 and equal to or less than $175 per month. If the household has allowable medical expenses in excess of $175 per month, then the person may choose to use actual medical expenses or the standard medical deduction. See 1322 (2) for verification requirements. The standard shall stay in place throughout the review period. If the household reports allowable ongoing medical expenses in excess of $175 they may choose to use actual expenses, otherwise the standard deduction remains on the budget throughout the review period. If the household has chosen to continue the standard medical deduction at the time of the next review, they only need to declare they have anticipated ongoing medical expenses in excess of $35 per month for the Standard Medical Deduction to be allowed for the new review period. If they do not claim ongoing medical expenses in excess of $35 at review, the Standard Medical Deduction shall be removed. NOTE: If the household does not report medical expenses at the time of application, (no Standard Medical Deduction is allowed), but reports medical expenses at the time of review that are greater than $35 and equal to or less than $175 per month, the verification requirements that apply at application would apply at recertification in order to allow the Standard Medical Deduction. If the household reports expenses in excess of $175 at review, verification would be required for those expenses to be allowed. See 7227.5 for information on allowable medical expenses and number (7) of that section for treatment of one-time medical expenses when the household is using the standard.
7224 Dependent Care - Expenses incurred for the care of a child or other dependent in the home and in the food assistance household which is necessary for a household member to accept or continue employment, seek employment, or attend training or pursue education which is preparatory to employment, shall be considered a deduction. The family share determined for the child care subsidy program is considered a dependent care expense. With client statement, expenses may also include activity fees and the cost of transportation to and from dependent care facilities and shall be allowed as an ongoing expense. Mileage reimbursement shall be the federal mileage reimbursement rate. If this expense information is questionable, verification is required. Non-refundable enrollment fees are considered a cost related to dependent care and are allowable as a one-time expense. If the one-time expense is reported as incurred in a month in which food assistance benefits have already been issued, the one-time expense shall be allowed for the month following the month it was reported. Expenses are also allowed even if the income used to pay the expense is excluded. (Example: 17-year-old full-time high school student with earned income is paying child care for her child.)
There is no limit on the amount of dependent care allowable.
NOTE: If a household incurs attendant care costs that could qualify under both the medical deduction and dependent care deduction, the local worker shall treat the cost as a medical expense.
NOTE: With EBT Child Care, providers can now require parents to pay additional out-of-pocket costs to use that provider. These additional, recurring costs are an allowable food assistance dependent care deduction if the costs are paid out-of-pocket, not from the clients EBT Child Care account. Allowable costs that fluctuate shall be averaged per 7110 . NOTE: For Dependent Care Paid by an excluded household member: Please refer to 6520(2)(a) if the person paying the dependent care is an excluded household member. Also refer to 7227.6 , 1322.3 (6).
7225 Child Support Deduction - Child support payments paid by a household member to or for a non-household member, provided the household member has a legal obligation to pay child support and the payments are verified in accordance with 1322.2 (3) . The deduction is allowable even if the income used to pay the expense is excluded. (Example: 17-year-old full-time high school student with earned income has wages garnished for child support.)
Households that fail or refuse to obtain necessary verification of their legal obligation or of their child support payments shall have their eligibility and benefit level determined without consideration of a child support deduction.
If the noncustodial parent makes child support payments to a third party (e.g., a landlord or utility provider) on behalf of the non-household member in accordance with the support order, such payments shall be included in the child support deduction. In addition, legally obligated payments that are made by the household to obtain health insurance for the child or children shall also be included as part of the child support deduction.
The agency shall allow a deduction for amounts paid toward arrearages (including mandatory interest) with the exception of amounts collected through tax intercept since these amounts are taken from a lump sum which is otherwise exempt. Alimony payments made to or for a non-household member shall not be included in the child support deduction.
Also, refer to 9121 or 9122 regarding change reporting requirements for the child support deduction.
When determining a prospective amount for the child support deduction, the following provisions shall apply:
For households with a history of 3 or more months of paying child support, the agency shall average at least 3 of the most recent consecutive months of child support, and use that average as the household's child support deduction.
For households with no child support payment record or less than a 3-month record, or a change in the legal obligation is reported, the agency shall estimate the anticipated payments (excluding payments toward arrearages) and use that estimate as the household's child support deduction.
Refer to 7124 for averaging and prospective budgeting procedures for child support income.
NOTE: A child support deduction is allowable even when the child for whom the support is paid is a household member, if the legally obligated child support payment is made to an individual or agency outside the household (e.g., CSS, or other parent when the child moves back and forth between households). The child support payment IS deductible even when we consider child support the income of the child who is living in the home. Even though the child support deduction is allowed, the child support income is NOT counted as income again, since we have already counted the income of the parent who paid the child support. Also see 6220(4) (d).
NOTE: Garnishment fees charged by employers are not allowable as part of the child support deduction.
7226 Shelter Costs - Households shall be allowed a deduction for excessive shelter expenses. Excessive is defined as that amount in excess of 50% of the household's monthly income after all other allowable exclusions and deductions have been granted. The maximum allowable excess shelter deductions are as follows:
Households containing one or more elderly or disabled members as defined in the Appendix - NO LIMIT.
Households containing no elderly or disabled members as defined in the Appendix - Limit is $744.
Shelter costs shall include the following:
7226.1 Rent or Mortgage -
The following rent/mortgage expenses are allowable: Continuing charges for the shelter occupied by the household, including rent, mortgage, or other continuing charges leading to the ownership of the shelter, such as loan repayment for the purchase of a mobile home, including interest on such payments. Mortgage insurance, generally included as part of the mortgage payment, is considered a continuing charge and as such, is an allowable shelter costs. Second mortgages on the home occupied by the household. Condominium fees including, but not limited to trash removal, maintenance of the structure and maintenance of the grounds. Monthly amounts paid toward a cooperative membership. (For example, a townhouse residence that requires residents to be a member of the cooperative to reside in the homes). Mandatory cable TV fees included in basic rent.
The following rent/mortgage expenses are NOT allowable: Late fees on rent, mortgage payment, property taxes, and the like. The cost of repairs and/or improvements for homeowner's or renters who make repairs in exchange for rent. Separate and identifiable mandatory cable TV fees. Down payments toward the purchase of a house or a cooperative membership. Additional charges billed by HUD to make up for past underpayment of rent. Additional charges for pets/pet deposits.
7226.2 Taxes and Insurance - Property taxes, state and local assessments, and insurance on the structure and contents, but not separate costs for insuring belongings or furniture (i.e., renter's insurance). Installment charges for insurance (example: extra charge for making monthly or quarterly payments) are part of the insurance expense and allowable as shelter costs.
NOTE: Personal property taxes of an RV or other motor vehicle used as a home (but not the portion that is for the license tags) can be allowed. The portion of insurance that is for the vehicle itself are also allowable, but not the portion for liability, medical, etc. A copy of the insurance policy with these details will be needed to allow insurance on an RV or other motor vehicle, as a shelter expense.
7226.3 Utilities - Households cannot claim actual utility expenses (with one exception as noted below) and are entitled to only one of the mandatory standard utility allowances as described below.
There are three utility standards, the Standard Utility Allowance (SUA), the Limited Utility Allowance (LUA), and the Telephone Standard Allowance (TS). The SUA covers all utilities and includes the cost of heating and cooling. The LUA covers all utilities but does not include cost of heating or cooling. Households qualify to use either the SUA or LUA, but not both. In addition, since a telephone cost is built into the SUA and LUA, the standard telephone allowance is not to be allowed when the SUA or LUA is used. The telephone standard allowance is for clients whose only utility expense is a telephone.
Standard Utility Allowance (SUA) - A standard utility allowance (SUA) of $469 is mandatory for use in calculating shelter costs when the household has a heating or cooling expense. The SUA includes the basic cost of one telephone, water, sewage, garbage and trash collection, heating or cooling, cooking fuel, and electricity used for other than heating and cooling. The State has an annual SUA and it is intended to cover the time period from January - December. The SUA is mandatory for households who:
incur heating or cooling costs separately and apart from their rent or mortgage (this includes bills that are not in the household's name as long as they are expected to pay the bill), or have received LIEAP payments in the current month or previous 12 months and contain an elderly or disabled member, or live in private rental housing and are billed for utilities (which includes a heating or cooling component) by their landlord on the basis of individual usage, or a flat rate separately from their rent, or live in public housing units which have central utility meters and which are charged only for excess heating or cooling costs.
Heating costs include the purchase of wood if wood is used as the household's primary heating source. A cooling cost is the verifiable utility expense relating to the operation of central air conditioning, room air conditioners, evaporative coolers or swamp boxes.
To be qualified for the mandatory SUA, the household must:
Be billed on a regular basis for heating or cooling costs (including a flat rate separate from rent), or
Have at least one member who received a LIEAP payment in the current month or previous 12-months.
This provision applies only to households containing an elderly or disabled member.
A household that incurs cooling or heating fuel costs on an irregular basis (such as propane or wood costs in the winter) may continue to use the SUA between billing periods. Likewise, if a household incurs only one of the two qualifying components for the SUA (cooling or heating), that household shall be eligible to use the SUA during the entire year.
Households which have heating and cooling costs included in their normal rent are NOT eligible to use the SUA unless they receive a LIEAP payment in the current month or previous 12-months and contain an elderly or disabled household member.
If the household is not entitled to the SUA it may be entitled to the LUA. See item 2 that follows.
Receipt of LIEAP and the SUA - A s previously mentioned, households that contain an elderly or disabled member and have at least one person who has received a LIEAP payment of at least $20 in the current month or previous 12 months, or at least one month in the previous 12 months that the LIEAP payment was intended to cover, qualify to use the SUA. This includes households that have at least one person who received a LIEAP payment as part of a separate household. While these individuals no longer reside in the same household, they did receive a qualifying payment in the previous 12 months and therefore are eligible for the SUA. Eligibility for the SUA based on receipt of LIEAP is not affected by a change in household address after the household has received the LIEAP payment. NOTE: Receipt of a qualifying LIEAP payment out of state would qualify a household for SUA. Verification of the LIEAP payment received from out of state must be obtained to allow the SUA based on receipt of LIEAP.
Limited Utility Allowance (LUA) - Households not entitled to the SUA that do not have a heating or cooling expense but have at least two of the following utility expenses must use the Limited Utility Allowance (LUA) of $345. The household must incur at least two of the following: water/sewer/garbage (If billed separately for these expenses, they count as only one for purposes of this provision.); telephone; or electricity (not used to heat or cool).
Households not entitled to the SUA or LUA - If the household is not entitled to the SUA or LUA as described above, but incurs only one of the following expenses, the household is entitled only to the cost of the actual expense: water/sewer/garbage (If billed separately for these expenses, they count as only one for purposes of this provision.); or electricity (not used to heat or cool).
Telephone Standard (TS) - Households that only incur telephone (cell phone and/or landline) costs are entitled to the standard telephone expense of $44.
7226.4 Non-occupancy - Shelter costs for the home, if temporarily not occupied by the household because of employment or training away from home, illness, or abandonment caused by a natural disaster or casualty loss. For costs of a home vacated by the household to be included in the household's shelter costs, the household must:
Intend to return to the home;
The current occupants (if any), not be claiming the shelter costs for food assistance purposes; and\or
Not be renting or leasing the home during the household's absence
If the household is entitled to a utility standard for the occupied home, they may not also claim a utility standard for the unoccupied home thus no utility expenses are allowed. Those households are also responsible for providing verification of any other shelter costs of the unoccupied home if the cost is questionable and it would result in a deduction. The worker is not required to assist households in obtaining verification of this expense if the verification would have to be obtained from a source outside of the project area .
7226.5 Disaster Costs - Charges for the repair of the home which was substantially damaged or destroyed due to a natural disaster, such as a fire or flood. Shelter costs shall not include charges for repair of the home that has been or will be reimbursed by private or public relief agencies, insurance companies, or from any other source.
7226.6 Homeless Shelter Expense - Households in which all members are homeless (See Definitions of Common Terms for the definition of homeless ) may be allowed the Homeless Shelter Expense of $198.99. In order to receive the deduction, the household must incur or reasonably expect to incur any shelter or utility expense during the month.
NOTE : Homeless households that do not have shelter expenses during the month are not allowed the Homeless Shelter Expense.
7227 Determining Income Deductions - Deductible expenses include only certain costs of dependent care, medical, shelter costs, and child support and a determination shall take into account the following:
7227.1 Expenses Not Allowed - An expense covered by an excluded reimbursement, vendor payment, in kind benefit, or housing assistance per 6410 shall not be deductible, except for utility expenses as noted below.
Utility expenses, or portions thereof, reimbursed by LIEAP benefits still qualify the household for the SUA.
The portion of rent covered by an exempt vendor payment (for example, Emergency Assistance, or HUD negative rent or subsidy payments) shall not be calculated as part of the household's shelter costs. If a household member makes repairs or improvements in exchange for rent, no income is counted and no deduction for rent is allowed. This same principal applies if a household member works off part or all of the rent. If the person works off only part of the rent, any portion that is not worked off would be an allowable shelter expense.
In shared living arrangements, the portion of shelter expenses paid by one family to the other toward the total cost of shelter is not an allowable shelter expense for the family receiving the payment. (The payment is also not counted as income. See 6410 ).
For example, households A and B live together in a shared arrangement. Household A pays rent of $400 per month. Household B lives with A and pays household A $200 per month for rent which includes utilities. The $200 paid from B to A is not counted as income per 6410 . Household A’s shelter costs are $200 rent plus the full SUA . Household B’s shelter costs are $200 because they do not pay utilities separate from their rent (not entitled to the SUA). If the households split the utility expenses, or household B contributed toward the actual cost of utilities or household B paid a flat amount for utilities separate from the rent, then each would have $200 rent and the full SUA.
In addition, the portion of dependent care expenses reimbursed by DCF Child Care payments shall not be allowed as part of the household's dependent care costs. Only amounts paid for dependent care that exceed the amount of the reimbursement can be allowed. (Also refer to 7224 .)
Expenses shall only be deductible if the service is provided by someone outside of the household and the household makes a money payment for the service.
NOTE: Portions of property taxes paid with the Homestead Property Tax Relief refund program are allowable expenses for food assistance even though the refund is exempt income per 6410 .
7227.2 Billed Expenses - Except as provided in 7227.3 , 7227.5 , and 7227.6 , an expense shall be allowed only in the month the expense is billed or otherwise becomes due regardless of when the household intends to pay the expense. For example, rent which is due each month shall be included in the household's shelter costs for that month even if the household has not yet paid the expense. Amounts carried forward from past billing periods are not deductible even if included with the most recent billing and actually paid by the household. In any event, a particular expense may only be deducted once.
7227.3 Averaging Expenses - Households may elect to have fluctuating expenses averaged. Households may also elect to have expenses which are billed less often than monthly averaged forward over the interval between scheduled billings (e.g., taxes, insurance) or if there is no scheduled interval, averaged forward over the period the expense is intended to cover.
7227.4 Anticipating Expenses - A household's expenses shall be calculated on the expenses the household expects to be billed for during the review period. Anticipation of the expense shall be based on the most recent month's bills, unless the household is reasonably certain a change will occur. See the next section for anticipating medical expenses.
7227.5 Billed Medical Expenses - At certification and review the household shall report and verify all medical expenses, if not using the standard medical deduction. If using the standard medical deduction at initial certification, the household must verify one expense (or a combination of expenses) totaling greater than $35 per month. At review the household only needs to declare that the elderly or disabled member has ongoing anticipated allowable medical expenses in excess of $35 per month to continue the standard medical deduction in the new review period.
When determining allowable medical expenses, they shall be based on the information reported and verified by the household, and any anticipated changes in the household's medical expenses that can be reasonably expected to occur during the review period based on available information about the recipient's medical condition, private insurance coverage, spenddown status and current verified medical expenses. If the household reports an allowable medical expense at the time of certification but cannot provide verification at that time, and if the amount of the expense cannot be reasonably anticipated based upon available information about the recipients spenddown status or insurance coverage, the household shall have the nonreimbursable portion of the medical expense considered at the time the amount of the expense or reimbursement is reported and verified, if using actual medical expenses and not already using the standard medical deduction.
The household is not required to report changes in its medical expenses during the review period. Changes reported by the household must, however, be acted upon and expenses reported for the purpose of meeting a spenddown are considered reported for food assistance purposes. (Since the household is not required to report changes during the review period, the agency shall not issue supplements or establish claims against households that choose not to report and/or verify changes in medical expenses when they occur during the review period. Also, see 9121 or 9122 .)
See the list of allowable medical expenses in the Appendix Item P1, Medical Necessity.
Medical expenses shall be determined and budgeted prospectively. The following additional provisions are applicable to determining allowable medical expenses, including whether the household is entitled the to the standard medical deduction.
Installments - If the household arranges with a provider to pay an expense in installments, the installments would be considered an allowable expense in the month that each installment is due. If the review period expires before the balance of the installment plan, the monthly payment may be allowed as a deduction into the new review period. To be allowable, the installment plan must be agreed upon prior to the due date of the original billing. In addition, the expense is allowable even if the household was initially billed and an installment plan established before the households was certified for food assistance. In addition, payments on loans (established before the expense was past-due) for one-time medical expenses are allowable, but the portion that is interest cannot be allowed as part of the deduction. This includes medical expenses billed on revolving credit, but again the interest cannot be allowed as part of the deduction. If the household does not pay off the balance by the first month due, subsequent monthly billings are treated in the same manner as an installment plan. This does not include payments made on medical expenses that have been referred to a collection agency, as those bills are past due when referred to the collection agency.
Third-Party Reimbursements - Medical expenses subject to third-party reimbursement are allowable in the month in which the third-party reimbursement is received or can otherwise be verified rather than when the bill is first received. That portion of an allowable expense which is not reimbursable shall be included as part of the household's medical expenses. No matter how long it takes to obtain proof of the reimbursable portion of the medical expense, no deduction can be allowed until it is verified. This only applies to expenses subject to reimbursement. If the household has expenses that the agency is sure will not be reimbursed, the expense may be allowed prior to the third-party reimbursement/ verification as mentioned in (3) and (4) below. NOTE: For purposes of the food assistance medical expense deduction, these expenses are not allowable as a food assistance expense, with the exception of amounts that the individual is actually billed for and expected to pay. For example, a Community Mental Health Center charges on a sliding scale. $90 is the charge per visit if the individual does not meet income guidelines, however, the individual meets income guidelines and is only charged $9. For spenddown purposes, the $90 is allowed and for food assistance purposes, the $9 charge is allowed as a medical expense.
Insurance Policies - If a household has an insurance policy that requires paying a deductible before the insurance will pay any expenses, medical expenses may be allowed until the deductible is met. Furthermore, if it is verified that the insurance company will only pay a certain percentage of further expenses, the worker may anticipate expenses and allow the percentage the household will be responsible for paying before the third-party reimbursement has been verified.
Households on Spenddowns - If a household is on a spenddown, reported medical expenses shall be allowable if the expense is otherwise allowable for food assistance purposes, will be used to meet the spenddown, or if the expense is a non-provider payment potential (N in the PPP field on MMIS) service. If there is any doubt whether an expense or portion of an expense will be paid by Medicaid, that expense cannot be allowed until the spenddown is met and it has been verified whether or not Medicaid will be paying for the expense. Under no circumstances shall the amount of the spenddown be averaged and allowed over the months of the review period.
Buy-In - Medicare premiums that will be reimbursed via the Buy-In process shall not be an allowable medical expense. This is also true when there is a problem with the Buy-In process and the individual remains responsible for the Medicare premium because he/she will be reimbursed when the problem is resolved and the individual is bought-in. When an individual is no longer eligible for Buy-In, the Medicare premiums shall not be allowed until the individual reports the Medicare premium expense and it has been verified that the individual has been deleted from Buy-In and is now responsible for the premium expense.
Averaging Expenses - Households may also elect to have expenses which are billed less often than monthly averaged forward over the interval between billings. If there is no regularly scheduled billing, the expense may be averaged forward over the period the expense is intended to cover.
One-Time Expenses - Households reporting one-time only medical expenses may elect to have a one-time deduction or to have the expense averaged over the remainder of the review period. The option used is the choice of the household, however, staff shall explain which method is most beneficial to the household and encourage the household to make that choice. Note: Households with an allowable one-time expense over $35 and less than $175 will receive the standard medical deduction for that month. See the KEES User Manual (Adding an Expense - Non-Medical) for instructions.
For households using the standard medical deduction , one-time expenses are treated as follows: If the one-time expense is going to be allowed for one month instead of averaged, the one-time expense shall be added to any other verified ongoing expense(s). (Whatever expense or expenses were verified to determine entitlement to the standard medical deduction.) If the resulting amount is $175 or less, the standard medical deduction is continued. If the one-time expense plus the verified ongoing expense(s) is greater than $175, the household is changed from the standard deduction to actual expenses for the one month and then changed back to the standard medical deduction. If the one-time expense is averaged over the remainder of the review period and the averaged amount plus the verified ongoing expense(s) used to determine entitlement to the standard is over $175, the household shall be switched from the standard medical deduction to actual expenses until the time of the next review. The following special procedures also apply to these type of expenses:
Households With 12-Month Review Period - If a one-time expense is reported in the second to last month, or last month of the review period (or at the time of review) and there is no time to allow the expense in the current review period, the expense can be averaged over the months of the new review period. Households With 24-Month Review Period - One-time medical expenses reported in the first 12 months of the review period must be averaged over the months remaining in that 12-month period. Expenses reported in the second 12-month period must be averaged over the months remaining in that period.
If a one-time expense is reported in the second to last month, or last month of either of the 12-month periods mentioned above, and there is no time to allow the expense in that 12-month period, the expense can be averaged over the months of the next 12-month period.
Medicare Prescription Drug Discount Card - Special provisions apply when determining the amount of allowable medical expenses for clients reporting receipt of the Medicare Prescription Drug Discount Card. Clients must be allowed the pre-discount price of the prescription drug when determining allowable food assistance medical expenses. Clients are only required to provide an adequate description of the prescription and the pharmacy where the prescription was filled. The agency is responsible for obtaining the pre-discount price of the drug to allow as a medical expense. Under no circumstances are clients to be required to provide the pre-discount prices of the prescription drug.
7227.6 Dependent Care Expenses - A dependent care expense shall only be allowed in the month the expense is incurred or otherwise becomes due.
Dependent care expenses shall only be deductible if the service is provided by someone outside of the food assistance household and the household incurs an expense for the service. For example, a dependent care deduction shall not be allowed if another food assistance household member provides the care, or compensation for the care is provided in the form of an in-kind benefit such as food. Also refer to 7224 .
7300 - Establishing Eligibility Periods
The eligibility period is the time period on which need is computed. See Section 9300 for policy and procedures for eligibility reviews.
7310 Eligibility Periods for Cash and Food Assistance - For cash and food assistance, need is determined on a calendar month basis. When there is eligibility for any portion of a month, eligibility exists for the entire month. Eligibility and benefit amount shall be determined based on the household composition as determined prospectively for the benefit month. The worker shall establish definite periods of time within which the household shall be eligible to receive benefits. At initial application, the first month in the review period shall be the first month of eligibility, or if the month of application is denied, the review period begins the month of application, even if the household's eligibility is not determined until a subsequent month. Households shall be assigned the longest review period possible based on the predictability of the household's circumstances. See KEESM 9371 .
7320 Reserved
7330 Reserved
7340 Eligibility Period for Child Care Assistance - Eligibility is prorated based on date of application, provider start date or need start date at initial eligibility determination, otherwise plans should begin on the first day of the month and shall be written for 12 full months of benefits (See KEESM 7610 for information on the duration of child care plans). Need is determined on a calendar month basis. Where there is eligibility for any portion of a month, eligibility exists for the entire month. Eligibility and plan hours shall be determined based on factors as determined prospectively for the benefit month. See KEESM 7640 for circumstances in which cases may close prior to the end of a 12-month eligibility period.
Child care eligibility reviews shall be completed at the end of the Guaranteed Eligibility period and, therefore, no more frequently than every 12 months. For child care review periods, if no child care plan is written for the month of application (i.e., family share exceeds cost of care), the first month of the review period shall be the first full month a plan is written.
7400 - Standards for Budgetary Requirements
Standards have been developed for use in determining total budgetary requirements for all programs.
The Special Needs provisions only apply to cash programs. (See 7412 ).
7401 Proration (Cash, Food Assistance, Child Care Only) - For applications filed on the first of the month, assistance will be provided for the full month. For applications filed after the first of the month, the amount of assistance is to be prorated from the date of application.
7401.1 Assistance shall be prorated from the:
Date of application (refer to 1411.2 ) for all new cash and food assistance cases (including assistance for a new household member who is reported during the month of application after an application has been filed, but prior to case approval.) If the new household member is reported in the month following the month of application but prior to approval, assistance for the new household member is effective the first day of the month in which the change was reported.) For non-foster care child care, date of application or date of Provider Agreement, whichever is later. For applications for child care for children in foster care, benefits may be backdated to the date of the child’s foster care placement, provided that the completed application, signed off on by the foster care case management agency or the child placing agency, is received within 14 calendar days of the child’s placement. If the need for child care arises after the child has been in the foster care placement, benefits may be provided effective with the date of need, provided that the completed application, signed off on by the foster care case management agency or the child placing agency, is received within 14 calendar days of the date child care is needed;
Date of application for persons reapplying for cash assistance following a sanction for failure to meet CSS or work requirements. However, the applicant must agree to cooperate and fulfill other requirements necessary to resolve the sanction prior to eligibility being approved; and
For food assistance, from the date of application when the household reapplies after case closure or the expiration or denial of its most recent review period in this or any other state (even if there is no break in assistance); and
For food assistance, from the date the household provides information or takes a required action following the denial of a review application and the action is taken in the month following the end of the review period. Also see 9350 .
For situations in which a new application is required, the date of proration for all new program requests shall be the date the application is received by the agency (see 1411.2 ). If a new application is not required, the date of proration shall be the date the request, either orally or in writing, is first received by the agency. Example: An application for food assistance is received on March 2. During the face-to-face interview on March 4, the applicant also requests TANF assistance. The proration date for food assistance is March 2. The proration date for TANF is March 4.
To compute the prorated amount, divide the monthly benefit by the number of days in the month. Multiply that figure by the remaining days in the month. (An easy way to determine the remaining days in the month is to subtract the date of application from the number of days in the month and add one day.)
7401.2 Proration is not applicable to:
All programs: Persons whose assistance has been suspended and reinstated in the month following a one month suspension (see 1423 ); Persons who are reinstated when required information/cooperation or the interim report or 12-month report form is provided in the month following the effective date of closure (see 1423 and 9122.6 (4) ; NOTE: For food assistance, proration does apply following the end of the review period. See 7401(4) and 9350
Cash and Child Care Only - When an application or review form is returned in the month following the end of the review period it can be used to redetermine eligibility and benefits shall not be prorated for all programs except food assistance. (see 1423 )
Cash Only - When an application is filed in response to a notice of sanction and cooperation is established within 45 days of the date of the application, if the application is received in the month following the effective date of closure. Example: TANF case closes 1/31 due to non-cooperation with Quality Assurance. Application filed 1/29 for cash assistance based on closure notice. Cooperation does not occur until 3/5. Because cooperation occurred within 45 days of application, benefits resume on 2/1 and there is no proration of cash benefits. When a TANF case is being reopened in the month following the effective date of closure.
Food Assistance Only - Persons who are migrant households in the labor stream with when there has been no break in assistance.
Child Care Only - The family share is not prorated. See 7541 . Persons who reapply in the month following closure when there has been no break in assistance; Eligibility for the month of request when a family requests reinstatement of child care assistance after their case was closed prior to the end of the program’s Guaranteed Eligibility (GE) period . See 1423 .
7402 Rounding (Provisions Applicable to Cash and Food Assistance) - For cash, rounding is permitted in determining the pro rata standards and the amount of payment only. All money payments shall be rounded down to the next lowest dollar.
For Food Assistance, any cents resulting from the following computations shall be dropped, resulting in benefit of the next lower whole dollar amount:
Any cents resulting from the subtraction of 30% of net income from the Thrifty Food Plan. This dropping of cents, or truncation, is incorporated in the Food Assistance Benefit Tables for households of 10 or less members.
Any cents resulting from the proration of the regular benefit through the use of the application proration formula.
7410 Cash Program Standards - For cash, standards have been developed for persons in their own or other family home, specialized living, commercial board and room, and commercial room-only arrangement.
7411 Budgetary Standards (TANF ) - These standards apply to persons in their own or other family home, specialized living (see 4160 ), commercial board and room, and commercial room-only arrangements.
The basic and shelter allowances are combined into two tables which are to be used in determining eligibility and the amount of payment in cash cases. In addition to the standard amount, any appropriate special need requirements are to be added in determining total need. (See 7412 .)
Basic allowances have been established to cover the costs of food, clothing, personal allowances and household needs, utilities, laundry, telephone, transportation, household furnishings and equipment, school supplies, and tuition for children. The amounts of $132 for one, $217 for two, $294 for three, $362 for four, and $61 for each additional person constitute the basis upon which the standardized tables were designed.
The allowances include $18 per person for the purpose of being an energy supplement.
Shelter allowances have been established based on location in the state. There are five shelter groups in the state as follows: $92 for Groups I and II, $97 for Group III, $109 for Group IV, and $135 for Group V. A county group assignment is included within this section. These amounts constitute the basis upon which the standardized tables were designed.
Three standardized tables have been designed for the purpose of determining eligibility and the amount of payment. Following are descriptions of when a particular table is to be used. The tables are in the Appendix .
Table I - This table represents l00% of the basic and shelter allowances. This table is to be used in all TANF cases when: All persons in the home are included in the same assistance plan; The only person excluded from the plan is an SSI recipient to whom the statutory 1/3 reduction has been applied to the SSI payment or is a child in joint custody who is ineligible to receive assistance in accordance with 2220 ; There is a shared living arrangement resulting from a commercial and bona fide landlord/tenant relationship with persons excluded from the assistance plan; or There is a specialized living, commercial board and room, or commercial room-only arrangement.
Table II - This table represents 100% of the basic allowance plus a percentage reduction of the shelter allowance of 60% for one, 50% for two, 40% for three, 35% for four, 30% for five, and 20% for six or more persons in the assistance plan. This table shall be used in all TANF cases when there is a shared living arrangement with one or more persons residing in the home and not included in the budget plan. For exceptions see 7411 (1) .
7412 Reserved
7420 Food Assistance Standards - Households in which there are no elderly or disabled members must have a gross monthly income equal to or less than 130% of the national poverty level. This is known as the Gross Income Limit. The gross income limit test shall only be applied to the prospective eligibility and benefit determination and does not apply to categorically eligible households.
Households that include at least one member who is elderly or disabled do not need to meet the gross income test. These households also qualify for the uncapped shelter deduction and the excess medical deduction.
All households with the exception of categorically eligible households per 2510 , must have income after deductions equal to or less than the national poverty level. This is known as the Net Income Limit.
The monthly benefit for an eligible household is then determined by multiplying its net food assistance income by 30% and subtracting the result from the Thrifty Food Plan amount (maximum benefit) for the given household size dropping all cents resulting from this subtraction. This computation has been incorporated into the Basis of Benefit Issuance Tables for households of 10 or fewer members. Except in an initial month when the benefit is less than $10.00, as explained in 1512.5 (2) , eligible households of 1 or 2 members shall receive a minimum benefit of $24 despite the fact that the above computation would otherwise result in a lower benefit amount. In addition, categorically eligible households with income above the net income limit may be eligible for a benefit if indicated on the Basis Benefit Issuance Tables. See 2510 for more information on categorically eligible households.
The gross and net income limits and the maximum benefits are found on the Food Assistance Standards Table in the Appendix . The Basis of Benefit Issuance Tables are also found in the Appendix .
7430 Reserved
7440 Child Care Standards - To be initially eligible, the total countable gross income must not exceed 85% of the current State Median Income based on the household size. If gross countable income does not exceed these standards, there is financial eligibility. A monthly family share deduction shall be assessed to Income Eligible child care clients with income at or over 100% of the federal poverty level. See the Family Share Deduction Schedule in the Appendix (F-1).
7500 - Determination of Financial Eligibility
Need is a factor of eligibility in all categories of assistance and shall be determined through the application of standards by use of the budgetary method.
Need requirements and countable income shall be documented in the system or case file.
7510 Financial Eligibility Specific to Cash Programs - Financial eligibility exists if countable income and resources do not exceed the established limits. See 5100 and 6000 . There are no gross income or resource limits for persons receiving the Work Incentive payment.
7520 Financial Eligibility Specific to the Food Assistance Program - Financial eligibility exists if countable income and resources do not exceed the established limits. There are two incomes tests for households without an elderly or disabled member (see Appendix for definitions), the gross and net income test. For households with at least one elderly or disabled member, the gross income limits are not applicable. Income and resource standards are applied uniformly to all applicants for program benefits. See 5100 and 6000 .
7540 Financial Eligibility Specific to Child Care Program - For child care, the parent-guardian-caretaker must demonstrate a financial need in addition to the personal need unless someone in the household is a TANF recipient, he or she is an unemployed food assistance work program participant, or the children need child care to prevent abuse and/or neglect.
Once the personal need requirement is met, a "means test" is applied to determine the financial eligibility of the family.
A family is income eligible when the nonexempt gross income of the family members is within the income limits established annually by the agency. The "means test" is revised annually and is referred to as the Family Income and Share Deduction. See Appendix Item F-1. The family share deduction is determined by considering the number of persons in the household and nonexempt sources of income.
7541 The Family Share Deduction - A monthly family share deduction shall be assessed for Income Eligible (Non-TANF) clients with income at or over 100% of the federal poverty level except as specified in KEESM 2835 . (See Monthly Income and Family Deduction Schedule .) The amount of the family share deduction is determined at the time of the initial application and at review, or adjusted more often if a reported change results in a decreased family share deduction. The family share deduction is deducted prior to issuing the monthly child care benefit. When determining initial eligibility, if child care costs for a partial month are less than the family share deduction, the client will be responsible for the actual cost of care for the first month, and the child care plan will be authorized with zero benefits for that month. A family share deduction shall not be prorated due to partial month eligibility. Child care costs paid by the client before the initial eligibility date are not to be deducted from the initial family share deduction.
When the family share deduction exceeds the cost of care of some months, but not others during the 12-month eligibility period, the case will remain open for the entire 12-month eligibility period unless the family requests closure. Zero benefits will be authorized for those months in which the family share exceeds the cost of care. An example of this type of situation would be when school age children only need before and after school care during school months, but need additional care during the summer months, and their family share deduction does not exceed the cost of care for June, July and August.
7600 - The Child Care Plan
Once a family has been determined eligible for child care subsidy benefits based on personal and financial need outlined in 2820 and 7440 , a family plan must be established before any benefits can be issued. The family plan serves as agency authorization for benefits of child care services. It identifies the child, provider, hours of child care, expected DCF payment, effective dates and family share deduction. A copy of the plan is sent to the parent.
The authorized family plan begin date is based on the established date of eligibility, date of need for service, employment start date, training approval date, date of the Provider Agreement, and date the provider agrees to accept DCF benefits. The eligibility date and the family plan begin date may be two different dates.
The EES staff is responsible for informing the parent of the different types of provider care that may be purchased and how payments can be made to the provider. Staff may need to inquire whether or not there are special considerations to finding appropriate child care to meet the needs of the child. The following describe special types of benefits which may be requested by the client:
An Enhanced Rate for Special Care may be requested by the parent to assist in purchasing care for short or long-term care for a child with special needs. The Enhanced Rate rates may be paid to any provider type for the length of time care is necessary and approvable. Completion of the Request for Enhanced Rate for Special Care (ES-1627a) accompanied by a written statement from the child care provider and documentation of the child’s need is required. Regional child care provider enrollment staff must approve all requests for the Enhanced Rate. Short-term conditions requiring an Enhanced Rate should be time limited and reviewed within 90 days. NOTE: See KEES user manual for the Child Care Enhanced Rate for Special Care Process .
Clients may request assistance with payment of enrollment fees. DCF can provide up to $50 per child (except children in foster care – see NOTE below) per case per year towards an enrollment fee to an approved provider if the provider charges an enr ollment fee to the private sector. If the provider charges the private sector more and will not accept the maximum DCF benefit as full payment, the client will be responsible to pay the difference. DCF will subsidize no more than $50 per child for a 12-month period. If client chooses to change providers within a 12-month period, the client will be responsible to pay the additional enrollment fee, if necessary. The 12-month period begins with the month for which a benefit for enrollment fees is authorized, and may be different for each child on a child care case. The 12-month period does not follow the child if they move to a different child care household, and a new enrollment fee could be authorized on the new case. NOTE: For children in foster care, due to the potential for frequent changes in child care settings, there is no annual total dollar limit, but the amount authorized for each enrollment fee to assist in paying any child care provider for a particular child is limited to a maximum of $50 per year. Exceptions to that limit may be authorized at the discretion of the supervisor overseeing the work of Foster Care Child Care and must be documented.
A membership fee to an organization which entitles the member to other benefits in addition to child care shall not be considered an enrollment fee.
Benefits to the provider for enrollment fees should be made the first payment period after the child is enrolled.
Enrollment fee benefits are added to Child Care Plans. See 10260 .
NOTE: Transportation fees for child care are not subsidized by DCF. If the provider charges the private sector for transportation, DCF clients may also be charged.
Child care and family plans are developed on a case-by-case basis depending on the needs of the parent and the child. A maximum of 240 hours per month is a suggested guideline for child care plans, but additional hours may be authorized on a case-by-case basis with supervisory approval The system requires supervisory approval before any benefits may be issued for more than 240 hours per month for each individual child care plan.
Child care plans using Relative providers shall not be approved for more than 215 hours per month. For travel time, 30 minutes each way is suggested as a maximum. If more time is requested EES staff should evaluate the request based on distance, traffic patterns, type of transportation, number of providers and other relevant factors.
Child care and family plans shall not be written for a provider who is a member of the same case or physical household as the recipient of child care services. Providers may apply for child care for their own children but care cannot be paid to their facility if they are the owner. A plan cannot be established until the provider is approved and entered into the system.
7610 Duration of Child Care Plans -
Eligibility is prorated based on date of application, provider start date or need start date at initial eligibility determination, otherwise plans should begin on the first day of the month. Initial eligibility periods shall include at least twelve full months of eligibility. Although benefits may begin with the date of application, that 12-month period should be calculated starting the 1st day of the month following the month that benefits are authorized or the first month for which benefits are authorized, whichever is later. See 10021.1 (6) for plan duration when Kansas Early Head Start is involved.
Plans should end on the last day of the month.
If a parent-guardian-caretaker wishes to change providers, that change is made the beginning of the next month.
If a new child is added to an existing child care family plan, plans for all children in the current family plan will be extended to match the 12-month eligibility period for the new child. There is no limit to the number of times this Guaranteed Eligibility (GE) period may be extended.
7620 Determining Scheduled Hours - "See Policy Memo # 04-03-02 re: "Child Care Plan Authorization - Sleep Time for Children".
EES staff shall establish a reasonable estimate of the hours needed for child care by determining with the parent(s) their average weekly work schedule. The weekly work schedule (including travel time) and the child’s school schedule (if applicable) will be entered into the system to obtain a reasonable estimate of the monthly hours to be authorized for benefits. The system will calculate the hours of child care to be authorized for school months (September through May), and for summer months (June through August), adding extra hours each month to help cover days out of school (scheduled and unscheduled) for holidays, breaks, teacher in service, etc. The system averages those extra hours for days out of school over the nine school months. For non-school age children, hours will be the same for all months. The system will be used to document how the average was determined, the school schedule of the child(ren), and any other factors used in determining the hours of child care needed. See 7600 regarding hours limit of 215 for Relative provider care. See KEES user manual for instructions on how to override child care plan hours if they exceed 215-hour maximum for a Relative provider. If the agency has made a reasonable and fair estimate or has established an average this average continues for the duration of the child care plan even if hours fluctuate on a weekly or monthly basis. If it is necessary to increase the scheduled hours, the change is made for the month following the month the need is identified. The following may be considered when determining scheduled hours:
The caretaker's schedule (employment including lunch time, work program activities, class, sleep time). If variable, documentation of the schedule may be requested on a weekly or monthly basis to determine a reasonable estimate. Sleep time may be approved for clients who work the majority of hours between 9 PM and 7 AM. It is recommended that 6 hours of sleep time be approved in these situations.
Reasonable travel time between the child care facility and the parent's place of employment.
The child's schedule (Head Start, pre-school or school). The system is designed to add additional hours of care for days out of school for breaks, holidays, teacher in service days, snow days, etc.
The individual needs of the child. If the child's nap time or preschool activities would be interrupted, consideration should be given to providing child care for more hours than is required by the employment or school schedule. If the parent works a split shift or has a break of three hours or less between classes or work program activities, child care may be provided for the break if the child would be adversely affected by going home and coming back to the child care facility. Child care may be provided when a parent's work schedule is such that the child's normal sleep pattern is interrupted. See Policy Memo 04-03-02 for further guidance on sleep time for children.
Study time for teen parents receiving child care with the ET reason code, or for adults receiving child care for post-secondary education. Study time may be approved on a case-by-case basis when there is inadequate time to study between classes and the need is documented. One hour of study time per class hour per week may be used as a guideline, but should not be automatically added to the total authorized hours without discussing the need with the teen parents or post-secondary students.
For Flint Hills Job Corps, the number of hours needed for child care will be based on information obtained on the form ES-1611 or additional specific documentation obtained from the Job Corps Center. If the parent continues to participate, such information will be re-verified at subsequent reviews. No calculation of hours is necessary for Job Corps participants. See KEES user manual for instructions on how to override child care plan hours if needed.
For children who are participating in the Kansas Early Head Start/Child Care (KEHS/CC) Partnerships, all plans will be written for 215 hours per month unless the referral from KEHS that identifies the child as a participant indicates a need for a greater number of hours. The calculation of hours is not required for these children. The start date of these plans will be indicated on the referral form. See KEES user manual for instructions on how to override child care plan hours if needed. Hours for children other than the KEHS child will be approved as follows: 215 hours per month for children who need more than 108 hours of care per month (i.e. a four year old who is not in pre-school, Head Start or pre-kindergarten) 129 hours per month for children who need 108 hours or less of care per month
Once the number of hours of care needed is determined, the following blocks of time will be authorized for each child:
Part time – 129 hours per month if the hours needed is determined to be 108 or less
Full-time – 215 hours per month if the hours needed is determined to be more than108
More than 215 hours per month may be authorized on a case by case basis if justification is provided.
7630 Changing Providers Mid-Month - When a parent changes providers mid-month, EES staff shall update the provider information on the system effective the following month.
7640 Termination of Child Care Plans - Termination of a child care plan will establish the last month for which DCF will authorize benefits for a particular child with a particular provider. The child care plan may be terminated at the request of the family, provider or DCF. When the action is initiated by DCF, timely and adequate notice to the client is required for all negative actions. See 1431 and 7610 .
Terminating a child care plan and closing a child care case are two separate actions that may or may not occur at the same time or date.
Child care cases must remain open for at least 12 full months except:
Non-Temporary Loss of Employment or Education/Training: When a parent/caretaker loses employment or they stop attending an approved education or training program, this includes activities related to work programs, and they indicate that they do not intend to look for employment (job search), resume attendance in an approved job training or education program, or meet other personal needs as listed in KEESM 2820 , their cases will be closed. This will be done, allowing for timely and adequate notice. Changes that are considered temporary are listed in KEESM 9121 and are not subject to this policy. When a parent/caretaker experiences a non-temporary loss of employment, or they stop attending (and are not enrolled in) an approved education or training program and they indicate that they intend to look for work or to enroll in another job training or education program, assistance will be continued for up to 3 months following the month the change occurs, unless that three-month period would extend beyond the current review period. If less than three months remain in the review period, the extension would be until the end of the review period. If the parent/caretaker regains a personal need for child care as listed in KEESM 2820 during that continuation of care, eligibility shall continue through the remainder of the 12-month eligibility period, even if minimum hours or earnings as required for initial eligibility are not met. This eligibility factor would be reevaluated at the next eligibility review. Changes that are considered temporary are listed in KEESM 9121 and are not subject to this policy.
When a recipient moves out of state. These cases will be closed allowing for timely and adequate notice.
When a recipient requests verbally or in writing that their case be closed or a plan for a particular child be terminated. These cases or plans will be closed allowing for adequate notice only.
When a recipient is admitted to an institution. These cases will be closed allowing for adequate notice only.
When a recipient’s whereabouts are unknown and agency mail directed to them have been returned by the post office indicating no known forwarding address or an out of state address. These cases will be closed allowing for adequate notice only.
When the agency has factual information confirming the death of a client. These cases or plans will be closed allowing for adequate notice only.
When a recipient has accepted assistance in another jurisdiction and that fact has been established by the jurisdiction previously providing assistance. These cases will be closed allowing for adequate notice only.
When a recipient reports that they are no longer using their DCF approved child care provider, they must be allowed 10 days to choose a new approved provider. If there is no response, these cases or plans will be closed allowing for timely and adequate notice. If a recipient receiving Child Care Assistance stops making payments to their DCF enrolled child care provider listed on their child care family plan for two full consecutive months (and those months had calculated benefits) and does not report a change, the system will send a notice to the household and the provider. This notice gives the recipient a chance to: Make a payment to the current provider. Confirm they are still using the same provider. Report that they have switched to a different provider.
If no payments are made to the listed child care provider or a new provider has not been reported to the agency during four consecutive months, the system will send a second notice. If the recipient does not respond, the child care plans will be closed.
When a family for whom verification was delayed at initial eligibility subsequently fails to provide the required verification. These cases or plans will be closed allowing for timely and adequate notice.
When a household reports an income change that results in countable income that exceeds 85% of the State Median Income (SMI) for that household size. These cases will be closed allowing for timely and adequate notice. See Level XII on the Monthly Family Income and Family Share Deduction Schedule (KEESM Appendix item F-1 ). These cases will be closed allowing for timely and adequate notice.
When federal and state funds are no longer available.
When a child for whom child care assistance is received leaves a “Safe Families for Children” placement or a foster care placement and there are no remaining children receiving child care benefits on the child care case.
Termination of the child care plan and/or case-closure may occur when:
Children have been determined to be "at risk" if care continues in that facility.
The provider is no longer eligible to accept payment. NOTE: If a provider goes out of business or closes due to a suspended or revoked license, the plan must end. If the client has made pre-payment for services after the closure date, the provider is expected to refund benefits for any services that will not be provided.
The provider requests termination.
If plans are terminated for these reasons, the household must be advised to choose another DCF approved provider, and eligibility for child care assistance must continue unless the household fails to do so.
If child care plans are terminated prior to the end of an established guaranteed eligibility period and an adult on the case requests child care again (for any child in their home, regardless if they were previously on the case) prior to the end of that eligibility period, child care must be reinstated for the remainder of that previously established eligibility period without requiring a new application if the child care plan was terminated for an reason other than the following:
The family moved out of state;
The case head passed away; or
The household's income increased so that the countable income exceeded 85% of the state median income (SMI).
The household’s countable income at reinstatement must not exceed 85% of the state median income at the time of reinstatement. Income eligibility at that time must be documented. The client’s statement regarding countable income will be sufficient, unless it can be documented that their statement is questionable. If reinstated, the child care plan hours will be no less than and the family share deduction will be no higher than at the time the case plan was closed. The household must be using a DCF enrolled provider at reinstatement.
7650 Reserved
7660 Suspending Benefits - If it is known at the time the child care plan is written that child care is not needed for any months in the eligibility period, or if after eligibility is established a client reports that they will not need care for any of the months in the eligibility period, but they do not want their plan closed, benefits may be suspended by entering zero hours on the child care plan for months care is not needed. Benefits may be suspended as long as the family remains financially eligible, is eligible under a child care subtype, and responds to their redetermination responsibilities. Examples of a need for suspension include but are not limited to: parent's maternity or other temporary leave, child's illness, temporary unemployment, a summer or holiday visit to the absent parent or other relative, or school age children requiring child care when the family share exceeds the cost of care during the school year.
7700 - Households Containing Sponsored Non-citizens
This section outlines specific provisions that apply to nonexempt sponsored non-citizens in addition to all other general provisions of the Food Assistance Program and cash programs.
The food assistance special procedures of this section are not programmed into the system; therefore, these procedures must be completed off the system and entered onto the system as appropriate.
A sponsored non-citizen is any non-citizen who is admitted to the United States for permanent residence as an immigrant, as defined in Sections 101(a)(15) and 101(a)(20) of the Immigration and Nationality Act. Non-citizens admitted under these sections are required, as a condition of entry, to be "sponsored" by a person who executes an affidavit of support or similar agreement on behalf of the non-citizens. The only non-citizens that will qualify under this section are ones that meet the criteria 2141 of and are sponsored.
7710 Exempt Non-citizens - The following non-citizens are exempt from the additional sponsored non-citizen provisions of this section:
A sponsored non-citizen whose sponsor signed the affidavit of support prior to February 1, 1983;
A non-citizen who is participating in the program as a member of his or her sponsor's household, or an non-citizen whose sponsor is participating in the program separate and apart from the non-citizen;
A non-citizen who is sponsored by an organization or group as opposed to an individual;
A non-citizen who is not required to have a sponsor under the Immigration and Nationality Act, such as, but not limited to, a refugee, a parolee, one granted asylum, and a Cuban or Haitian entrant.
7720 Counting A Sponsor's Income and Resources as Available to the Sponsored Non-citizens -
7721 Counting A Sponsor's Income and Resources as Available to the Sponsored Non-citizens - Cash Programs -
Resources - The total nonexempt resources (less $1,500) of a non-refugee non-citizen's sponsor and sponsor's spouse (if living with the sponsor) shall be considered available to the non-citizen in determining eligibility for a period of 3 years following the non-citizen's entry into the United States. This provision does not apply if the sponsor is an TANF or SSI recipient. See 7700 for sponsor definition and exempt non-citizens.
Income - In determining the eligibility of a non-refugee non-citizen for a period of 3 years following his or her entry into the United States (including the month of entry), the income of the non-citizen's sponsor must be considered. Sponsors who are TANF or SSI recipients shall be exempt from the provisions of this section. If married, the income of the sponsor's spouse must also be considered (if they are living together).
NOTE: Any individual whose sponsor is a public or private agency shall be ineligible for assistance for 3 years after his/her date of entry into the U.S. unless it can be determined that the sponsoring agency is unable to meet the individual's needs.
The first 20% (not to exceed $175) of the total earned income shall be subtracted from the total nonexempt gross income (or adjusted gross for self-employment) of the sponsor who is excluded from the assistance plan.
The countable income obtained after the application of the above deduction shall be treated as unearned income for the non-citizen. When a person is the sponsor of two or more non-citizens, the countable income of the sponsor shall be prorated based on the number of sponsored non-citizens.
In order to be deducted, any amounts paid for child support, alimony, or other support for dependents not living in the same household must be verified each month and documented in the case file. A sponsored non-citizen shall provide any information and documentation necessary to determine the sponsor's income and obtain any cooperation necessary from the sponsor. Failure to do so shall render the non-citizen ineligible for assistance.
For purposes of this section, a sponsor is any person who executed an affidavit of support or similar agreement on behalf of a non-citizen (who is not the child of the sponsor or the sponsor's spouse) as a condition of the non-citizen's entry into the United States.
The income of a non-citizen's sponsor shall not be considered in determining the need of any un-sponsored members of the non-citizen's family unless that income is actually available to them.
7722 Counting A Sponsor's Income and Resources as Available to the Sponsored Non-citizen - Food Assistance Program - In addition to the non-citizen's income and resources, a portion of the gross income and the resources of a sponsor and the sponsor's spouse (if living with the sponsor) shall be considered to be unearned income and resources of a sponsored non-citizen until the sponsored non-citizen becomes a United States citizen, earns or is credited with 40 qualifying quarters, or the sponsor dies. The income and resources of the sponsor's spouse will be counted even if the sponsor and spouse were married after the signing of the agreement. The amount of income and resources to be counted available to the sponsored non-citizen under this provision shall be calculated as outlined in this section and shall be considered in determining the eligibility and allotment of the household containing the sponsored non-citizen.
If a sponsored non-citizen can demonstrate that his/her sponsor is sponsoring other non-citizens, then the income and resources as calculated in 7222 above shall be divided by the number of such non-citizens.
If the non-citizen switches sponsors during the certification period, the income and resources attributed to the non-citizen shall be recalculated based on the required information about the new sponsor as soon as possible after the information is supplied by the non-citizen and verified by the agency.
If the non-citizen loses his/her sponsor and does not obtain another, the deemed income and resources of the previous sponsor shall continue to be attributed to the non-citizen until such time as the non-citizen obtains another sponsor or until the period for applying the sponsored non-citizen provisions expires, whichever occurs first. However, should the non-citizen's sponsor become deceased, the deemed income and resources of the sponsor shall no longer be attributed to the non-citizen. The sponsored non-citizen and his/her spouse is responsible for providing any information or documentation necessary to determine the income and resources of the non-citizen's sponsor and the sponsor's spouse until the period of responsibility ends. The non-citizen and his/her spouse shall also be responsible for demonstrating that the sponsor also sponsors other non-citizens, and how many of such other non-citizens are program applicants or participants to initiate the proration provision described in this section. If such information about other non-citizens for whom the sponsor is responsible is not provided, the sponsor's income and resource amounts calculated shall be attributed to the non-citizen in their entirety until such time as the information is provided. The non-citizen is also responsible for reporting the required information about the sponsor and sponsor's spouse should the non-citizen obtain a different sponsor during the eligibility period and for reporting a change in income should the sponsor or the sponsor's spouse change or lose employment or become deceased during the eligibility period.
Resources - The value of the resources of the sponsor and the sponsor's spouse which shall be considered available to the non-citizen shall be the total amount of the sponsor's resources as determined according to 5000 , reduced by $1,500. If the non-citizen has already reported their sponsor's resources for TANF purposes, this amount may be used to determine the value of countable resources on the sponsored non-citizen's food assistance case.
Income - The monthly income of the sponsor and the sponsor's spouse considered available to the sponsored non-citizen shall be the total monthly earned and unearned income of the sponsor and the sponsor's spouse (if living with the sponsor) at the time the household containing the sponsored non-citizen member applies or is recertified for Food Assistance Program participation. This income shall be reduced by a 20 percent earned income disregard for that portion of the income which was earned, and further reduced by the monthly gross income limit for a household equal in size to the sponsor, their spouse, and any person who is or could be claimed by the sponsor or their spouse for federal income tax purposes.
If the non-citizen has already reported their sponsor's gross income due to TANF's sponsored non-citizen rules, that income may be used in calculating the non-citizen's food assistance eligibility and allotment. However, the income deductions to be attributable to the sponsor's gross income for food assistance purposes will be limited to 20 percent earned income disregard and the Food Assistance Program gross monthly income limit, as stated above.
Actual money paid to the non-citizen by the sponsor or sponsor's spouse shall not be considered as income to the non-citizen unless the amount paid exceeds the amount attributed to the non-citizen as calculated above. If the actual payment exceeds the amount attributed, only the excess amount shall be added to the income already attributed.
7730 Verification Requirements for Food Assistance - The State agency shall obtain from the non-citizen or non-citizen's spouse, the following information:
The income and resources of the non-citizen's sponsor and the sponsor's spouse (if living with the sponsor) at the time of the non-citizen's application for food assistance assistance;
The names or other identifying factors (such as a non-citizen registration number) of other non-citizens for whom the sponsor has signed an affidavit of support or similar agreement to initiate the proration provision of 7722 ;
The provision of the Immigration and Nationality Act under which the non-citizen was admitted;
The date of the non-citizen's entry or admission as a lawful, permanent resident, as established by USCIS;
The non-citizen's date of birth, place of birth, and non-citizen registration number;
The number of tax dependents claimed or who could be claimed by the sponsor and his/her spouse for federal income tax purposes;
The name, address, and phone number of the non-citizen's sponsor.
The agency shall always verify the information obtained from the household regarding items 1 and 2 above and shall verify all other information which the agency determines to be questionable and which affects the household eligibility and benefit level, in accordance with the procedures established for verifying questionable information in 1322.3 . The agency shall assist non-citizens in obtaining verification, if necessary, per 1322 .
Awaiting Verification - If information necessary to determine the amount of the sponsor's income and resources to be counted available to the non-citizen under 7722 is not received or verified on a timely basis, the sponsored non-citizen and his/her spouse shall be ineligible until such time as all necessary facts are obtained. The eligibility of any remaining household members shall be determined. The income and resources of the non-citizen and his/her spouse (excluding the attributed income and resources of the non-citizen's sponsor and sponsor's spouse) shall be treated in the same manner as a disqualified member as set forth in 4212 . If the sponsored non-citizen refuses to cooperate in providing and/or verifying needed information other adult members of the non-citizen's household shall be responsible for providing and/or verifying information, required in accordance with 2121 . If the information or verification is subsequently received, it shall be acted upon as a reported change in household membership in accordance with the timeliness standards of 9121.1 or 9122.7 , as appropriate. If the same sponsor is responsible for the entire household, the entire household is ineligible until such time as needed sponsor information is provided and/or verified.
7740 Over-issuance Due to Incorrect Sponsor Information (Food Assistance) - Any non-citizen and his/her sponsor shall be, jointly and separately, liable for repayment of any over-issuance of coupons resulting from incorrect information provided by the sponsor. However, if the non-citizen's sponsor had good cause or was without fault for supplying the incorrect information, the non-citizen's household shall be solely liable for repayment of the over-issuance.
Good cause, under this provision, shall include, but not be limited to, the failure of the sponsored non-citizen to provide correct information to his/her sponsor regarding the information needed.
Where the sponsor did not have good cause, the agency shall establish a claim against both parties at the same time by completing one claim determination for the case and initiating collection action against both the sponsor and the non-citizen. Only the amount of the claim shall be collected. Any amounts repaid in excess of the total claim shall be returned to the non-citizen's sponsor and/or the non-citizen's household.
7741 Collecting Claims Against Sponsors - The agency shall initiate collection action by sending the non-citizen's sponsor a written demand letter which informs the sponsor of the amount owed, the reason for the claim, and how the sponsor may pay the claim. The sponsor shall also be informed that he/she will not be held responsible for repayment of the claim if the sponsor can demonstrate that he/she had good cause or was without fault for the incorrect information having been supplied to the agency. In addition, the agency shall follow up the written demand letter with a personal contact, if possible. The sponsor is entitled to a fair hearing either to contest a determination that the sponsor was at fault for providing incorrect information or to contest the amount of the claim.
The agency may pursue other collection actions as available and appropriate to obtain payment of a claim against any sponsor who fails to respond to a written demand letter. The agency may terminate a collection action against a sponsor at any time if there is documented evidence that the sponsor cannot be located or when the cost of further collection action is likely to exceed the amount which can be recovered.
If the non-citizen's sponsor responds to the written demand letter and is financially able to pay the claim at one time, the agency shall collect a lump sum cash payment. The agency may negotiate a payment schedule with the sponsor for repayment of the claim, as long as payments are provided in regular installments.
7742 Collecting Claims Against the Sponsored Non-citizen's Household - Prior to initiating collection action against the household of a sponsored non-citizen for repayment of an over-issuance caused by incorrect information supplied regarding the non-citizen's sponsor or sponsor's spouse, the agency shall determine whether such incorrect information was supplied due to inadvertent error or intentional misrepresentation or fraud on the part of the non-citizen. If sufficient documentary evidence exists to substantiate that the incorrect information concerning the non-citizen's sponsor or sponsor's spouse was provided due to intentional misrepresentation or fraud on the part of the non-citizen, the agency shall pursue the case in accordance with 11000 and 11200 . If the agency determines that the incorrect information was supplied due to misunderstanding or unintended error on the part of the sponsored non-citizen, the claim shall be handled as a client error in accordance with the procedures of 11121.2 .
8000 Reserved
9000 Reporting Changes, Transfer Of Assistance And Reviews
9100 Household Responsibility To Report Changes
Households receiving cash, food assistance, or child care assistance are required to report changes. The specific reporting requirement is determined by the program and the circumstances of the household. The requirements for reporting changes are listed in this section.
SPECIAL NOTE ABOUT MEDICAL EXPENSES (Food Assistance Only): Food Assistance households are NOT required to report any changes in medical expenses during the review period. However, if changes in medical expenses are reported by the household, they must be acted upon per 9121 or 9122 , as appropriate. In addition, during the review period, the agency shall not act on changes in medical expenses which it learns of from a source other than the household and which, in order to take action, requires the agency to contact the household for verification. The agency shall only act on those changes in medical expenses that it learns about from a source other than the household if those changes are considered verified upon receipt and do not necessitate contact with the household.
9110 Household Responsibility Prior to Approval - New Applications and Applications Filed after a Break of One Month or More in Assistance - Applicants must report all changes of circumstances prior to case approval. These changes must be reported at the initial interview. For cases not requiring an interview, or changes which occur after the interview, but before the date of the notice of approval, change reporters must report within 10 calendar days from the date of the approval notice. Simplified food assistance reporters are only required to report changes listed in 9122.1 that occur between the date of the interview and the date of approval. These changes are required to be reported within 10 days of the date of the notice of approval. The worker is responsible for requesting or otherwise obtaining other information or verifications necessary to determine the household's eligibility or benefit amount for any month.
9120 Household Responsibility for Reporting Changes After Approval - Cash (including the Work Incentive payment), food assistance, and child care households are required to report certain changes in circumstances as listed in 9121 or 9122 .
9121 describes 10-day change reporting and applies to cash cases (including the Work Incentive payment), and child care cases. 9122 applies to all food assistance cases who are subject to simplified reporting.
All households are to be notified of the appropriate reporting requirements upon approval for benefits. Staff are to utilize the appropriate informational notice(s).
9121 Households Required to Change Report - The following households are required to report certain changes in circumstances within 10 days of the date the change becomes known to the household. (See NOTE: at the end 9121 for a definition of "becomes known to the household.") The Change Reporting Requirements Chart listed below lists the type of changes that are required to be reported. The boxes marked with an "x" indicate the type of changes that are required to be reported for each category of assistance.
The following households are required to change report:
All TANF cash assistance cases;
Child care cases;
Change Reporting Requirements
TANF Change in the source of income (earned or unearned) When the amount of earned income being counted increases or decreases by more than $100 per month. When the amount of unearned income being counted increases or decreases by more than $50 per month Changes in household composition, including marriage, separation or divorce. Changes in residence, including moving into or from an institution or hospital. When resources reach or exceed $3,000
Child Care Changes to the family’s gross monthly income that would cause the total amount to exceed 85% state median income for a family of its size. Changes in residence, including moving into or from an institution or hospital. Choice of child care provider and/or hours of child care needed/used (other than hours needed for school aged children for times that school is not in session). This includes when child care is no longer being used or has not been used for an entire calendar month for any or all children receiving assistance. When a parent/caretaker experiences a non-temporary loss of employment, or they stop attending (and are not enrolled in) an approved education or training program. This does not include time-limited changes (these are all considered temporary changes): Absences due to the need to care for a family member; Student holidays and breaks; Reduction in work, training or education hours, as long as the parent is still working or attending a training or educational program; Changes in residency within the state; or Cessation of work or attendance at a training or educational program if it is verified that the parent remains employed or enrolled and is expected to resume the activity at some point.
Households may report a change in their circumstances by telephone, in person, in writing, or by use of the Change Report Form. Other changes in circumstances are not required to be reported until review.
NOTE: For purposes of this provision "becomes known to the household" is defined as:
TANF
Change When is the change known to the household? Earned Income/Source of Earned Income Receipt of first pay check or the last day of the month in which income for the month increased or decreased by more than $100. Unearned Income/Source of Unearned Income Receipt of first payment or when payment received has increased or decreased by more than $50. Household Composition The day the person enters or leaves the household, day of marriage, separation, or divorce. Changes in Residence Day person moves. Resources Reach or Exceed Limit Last day of the month in which resources exceeded the limit.
Child Care
Change When is the change known to the household? Changes to the family’s gross monthly income that would cause the total amount to exceed 85% of state median income for a family of its size. When the household’s total gross earned and unearned income increases and exceeds 85% of the State Median Income (SMI) for their household size. For households with an established Guaranteed Eligibility (GE) period, client statement is sufficient that income remains below 85% SMI, unless questionable. Changes in Residence Day person moves. Choice of Child Care Provider and/or Hours of Child Care Needed Changes in child care provider are known on the date the change occurs. When child care is no longer being used, the change is known to the household no later than the first day of the calendar month after child care was not used for an entire calendar month. When a parent/caretaker experiences a non-temporary loss of employment, or education or training program. If a parent/caretaker experiences a non-temporary loss of employment, or education or training program participation for one entire month, the change is known to the household no later than the first day of the calendar month that follows the full month of loss.
9121.1 Processing Changes Reported by Change Reporting Households - When the agency receives information that a change has occurred, the worker shall act on the changes within 10 days after the date the change is reported by taking the following actions:
Document in the case file the reported change, the date the change occurred, and the date the change was reported;
Determine if verification or additional information is required (refer to 1322.1 and 9121.2 );
Contact the household to request needed information or verification as soon as possible;
For cash (including the Work Incentive payment) , and food assistance changes reported outside of the interim report form, determine eligibility and benefits for the issuance month according to the provisions of 7000 . Households reporting changes which would result in an increase in benefits must provide any required verification within 10 days of the date of agency request. No increase in benefits shall be granted if the household does not provide the required verification. If no verification is required or if the verification required is received within 10 days from the date of verification request, the increased benefits are to be granted effective the month following the month the change is reported. If the verification is received after 10 days from the date the verification was requested, the increased benefits would be effective the first month following the month the verification is received. NOTE: For cash (including the Work Incentive payment), see 4100 and 7401 for other provisions regarding adding a person to the plan. Changes resulting in ineligibility or a decrease in benefits shall affect eligibility the first month possible considering timely notice requirements.
For child care, reported changes will only be acted on if: they result in an increase in benefits/decrease in family share for the family, an income increase results in countable income exceeding 85% of the State Median Income, one of the other circumstances listed in 7640 that results in case closure should occur.
Hours of care may not be decreased and family share deductions may not be increased due to a reported change during a 12-month eligibility period. However, benefits may decrease if one of the following occurs:
a change in providers and the rate for the new provider is less than the rate for the previous provider,
a rate change made by DCF,
a change in the provider's eligibility for enhanced rates,
a child’s age change, or
if a family indicates that child care will not be used, either for an individual child or for all children.
Verification requirements of item 4 (a) above also apply to situations which would result in an increase in child care benefits. For households reporting a change in hours of child care needed for school age children due to days out of school (scheduled or unscheduled) for holidays, breaks, teacher in service, etc., no adjustment will be made to the plan hours, as this is accounted for by the system and averaged over the school year. Changes that increase benefits/decrease family share for the family are made the month after reported, except for when reinstating child care or the addition of a new child. When a family receiving child care reports the addition of a child to the household and requests child care benefits for that child, the child must receive a full 12 months of eligibility. The child will be added beginning with the date of request or the date care begins, whichever is later, and the 12 full months will be determined in the same way it is determined for new applications. See KEESM 9374 . In addition, child care plans will be extended for all other children on the case to end in the same month as the last month of the newly added child’s eligibility period, and the family’s eligibility review will be changed to the last month of that newly established Guaranteed Eligibility (GE) period . There is no limit to the number of times a family’s GE period may be extended. When reinstating child care after a closure, see KEESM 1423 .
9121.2 Verification at the Time a Change is Reported - The following chart explains when verification is required for purposes of the Food Assistance Program when a change is reported other than at time of the interim report, 12-month report form or review.
Note: A change that is received, that is not mandatory to be reported per simplified reporting requirements, is over 60 days old from certification and is unclear is to be held until next interim report, 12-month report or review. See KEESM 9122.7 .
Verification Required? Change Reported Benefits will Increase Benefits will Decrease Gross Non-Exempt Income Yes* *Yes Unearned Income Which has changed by $50 or less No No Unearned Income which has changed by more than $50 Yes No Actual Utility Expense(s) (only if using actuals per 7226.3 (3)) Yes No Household Composition Yes No Non-citizen Status Yes No Medical Expenses Yes No Legal Obligation to Pay Child Support Yes No Amount of Legally Obligated Child Support Yes No Dependent Care No,unless questionable No Shelter Expenses (rent, mortgage--including second mortgages, non-occupancy and disaster costs--, lot rent, real estate taxes, and homeowner's insurance) Yes Yes Utility Standards Yes Yes Homeless Shelter Expense No, unless questionable No
If "no" is listed in the chart, verification, if required (per 1322 ), shall be obtained at the time of the next review. In addition, if verification is not required, it can be requested if the change reported is questionable and documented as such. (See 1322 ).
* Verification of non-exempt income (including reductions and loss of earned income) must be obtained at the time a change is reported. Households must be given 10 days to provide needed verification of income. If verification is received within 10 days, benefits shall be increased effective the month following the month the change is reported. If verification is received after 10 days from the date the verification was requested, increased benefits are effective the first month following the month the verification was provided. Changes resulting in a decrease in benefits shall affect eligibility the first month possible considering timely notice requirements. (NOTE: The agency has 10 days from the date the change is reported to timely act on the change. See 9121.1 .) If verification of income is not provided, the case shall be closed allowing for timely and adequate notice requirements.
** If verification of a shelter expense is not provided, benefits shall be determined by allowing the previously verified amount. In other words, the shelter amount is not changed if verification is not provided. For example, verified rent is $200/month. The client reports an increase to $250 and verification is requested but not provided. Benefits must be determined allowing the "old" $200 verified rent amount. See Shelter Changes Chart in the Appendix , Item T-10. If verification of the entitlement to a utility standard is not provided, benefits shall also be determined by allowing the previously verified utility standard.
9121.3 Reserved
9121.4 Notices to Households Subject to Change Reporting - The agency must provide the household with a notice of action that meets the definition of timely and adequate notice, as defined in 1432 , if the household's benefits are being reduced or terminated. If benefits are being increased, only adequate notice, as defined in 1432 , is required.
9122 Food Assistance Households Subject to Simplified Reporting - All food assistance households are subject to Simplified Reporting.
9122.1 Reporting Requirements - Between the date of certification and the completion of the interim report form or the 12-Month Report Form (or at the time of the next review whichever is first), simplified reporting households are only required to report the following changes:
Changes in the amount of gross monthly income (earned and unearned) that result in the household's gross monthly income exceeding 130% of the monthly poverty income guidelines for their household size. (130% of monthly poverty is the Food Assistance Program's gross income limit.)
Households containing ABAWDs meeting the ABAWD 20 hour per week work requirement of 2520 (1), must report any changes in work hours that bring the ABAWD individual below 20 hours per week, averaged monthly.
Lottery/Gambling Winnings, whenever a member of the household wins substantial lottery or gambling winnings which is $4,500 or gre ater (before taxes or other amounts are withheld).
NOTE: Earned and unearned income includes lump sums that are otherwise exempt as income.
Example: Household starts drawing UC. In the month the UC started, the household also received a lump sum UC check. The weekly UC alone is not over the 130% reporting threshold but the weekly UC and the lump sum UC added together is over the 130% reporting threshold and thus are required to be reported.
These changes must be reported within the first 10 calendar days of the month following the month in which the change occurred.
From the time of certification until the time of the interim report form or 12-Month Report Form (as applicable), or end of the review period for elderly and disabled households with no earned income, households are NOT required to report any other changes in household circumstances except that listed above, and failure to report other changes does not result in an under or overpayment of food assistance benefits, unless the agency fails to take required action on the change per 9122.7 or 9122.8 .
Note: Some categorically eligible households are eligible for a benefit even when the household's income exceeds the 130% threshold for the household size. These households are only required to report when an ABAWD meeting the 20 hour per week work requirement has a change in work hours that brings them below 20 hours per week, and lottery/gambling winnings of $4,500 or greater before taxes or other amounts are withheld.
9122.2 Review Periods for Simplified Reporting Households - Simplified reporting households shall be certified as follows:
Households where all adults are elderly or disabled and with no earned income can be certified for 24 months per 9372 (2)). Note: If the elderly or disabled case with no earned income is certified for 12 months, the household cannot be required to complete an interim report form. See 9122.4 .
All other households for 12 months. Review periods may be established for less than 12 months to match an existing program, but must be a minimum of 6 months.
9122.3 Eligibility and Benefit Amounts - Eligibility and benefit amount for simplified reporting households are determined prospectively using the provisions of 7110 .
9122.4 Households That Cannot be Required to Submit an Interim Report - Households in which all adults are elderly or disabled and with no earned income cannot be required to submit an interim report form. These households essentially have 12-month simplified reporting.
All other households have 6 month simplified reporting as they are required to complete an interim report form . This includes households in which all adults are elderly or disabled with earned income . NOTE: For purposes of this provision, earned income does not include earned income that is otherwise exempt, such as Senior Companion ( 6410(55) ), or Foster Grandparents ( 6410(24) ) income.
NOTE: For purposes of persons applying for PMDT determination, for Food Assistance these persons are NOT considered disabled when they initially apply for benefits. Therefore, these households must complete an interim report form (unless 60 or over). If the person is approved for Tier 1 status, they are then considered disabled and should no longer be required to complete an interim report form. If they are approved for Tier 2 status, then they are not considered disabled for food assistance purposes and would be required to complete the interim report form.
9122.5 Determining the 130% Income Reporting Threshold - All households certified as a simplified reporter must be sent a notice informing them of their reporting requirements. This notice must include the 130% income reporting threshold for the household's size. When determining the gross income limit to include in the notice, staff shall use the gross income limit that corresponds to the number of persons in the household including persons who are excluded or disqualified household members. This number shall be determined at the time the application or review is processed, based on the most current information.
Example: Household A applies on January 15th. The application is approved on February 5th. A child left the home at the end of January. Household size is 5 for January, and 4 for February and ongoing. The 130% reporting limit for this household is the amount for a household of 4.
Once this limit is determined for the household, it shall remain the same until the time the interim report is processed, even if persons enter or leave the household.
See Appendix , Item F-2 for the 130% Income Reporting Threshold Chart.
9122.6 Interim Report and 12-Month Report Form- Simplified reporting households are required to submit an interim report form, except the following:
Households where all adults are elderly or disabled and without earned income who are certified for 12 months
Households where all adults are elderly or disabled and without earned income who are certified for 24 months and who complete a 12-month report form per 9372 (2).
The IR and 12-Month Report due date is based on the review due date. The system automatically sets the IR due date based on the review due date when the household is determined to be a simplified reporting household. Eligibility and benefits for the second six-month period or 12-month period (or remainder of the review period if fewer than six months are left) are based on information provided on the interim report or the 12-month report form.
NOTE: Households with self-employment income shall not be re-budgeted at the time of processing the IR unless the individual has experienced a substantial increase or decrease in self-employment earnings. See 7122 (2) and (3).
The interim report or 12-month report form will gather information about changes in the household's earned and unearned income, deductions, household composition, resources, residence and other circumstances. An interim report is considered complete if:
It is signed by the head of the household, an authorized representative, or a responsible member of the household;
All mandatory yes/no questions are answered (see NOTE below);
It is accompanied by verification of earned income, if a change in income has been reported (question 2b is answered yes) . New employment (questions 2a and/or 3) is considered a change in income if the client answers “yes” to either of these questions.
NOTE: The following questions on the IR could be unanswered: 2a, 2b, 4, 5 and 12, if not applicable to the household along with 7, 8, 9, 11, and 13.
A 12-month report form is considered complete if:
It is signed by the head of the household, an authorized representative, or a responsible member of the household;
All mandatory yes/no questions are answered (see NOTE Below);
It is accompanied by verification of earned income, if a change in income has been reported (question 11b is answered yes). New employment (questions 11a and/or 9) is considered a change in income if the client answers "yes" to either of these questions.
NOTE : The following questions on the 12-month report form could be unanswered: 10, 11a, 11b and 14 if not applicable to the household along with 5, 6, 7, 8, 13 and 15.
The interim report and 12-month report form are mailed 5 working days prior to the end of the month. The household must complete the form and return it within 10 days from the date of the notice.
For example, a simplified reporting household is approved in May 2017 and certified for 12 months. The interim report is sent the 5th workday before the end of September (9/25/2017) and is due within 10 days from the date of the notice (10/5/2017). Information on the form is used to determined food assistance benefits for November 2017 through April 2018.
For example, a simplified reporting household is approved in November 2021 and certified for 24 months. The 12-month report form is sent the 5th workday before the end of September (09/26/2022) and is due within 10 days from the date of the notice (10/05/2022). Information on the form is used to determine food assistance benefits for November 2022 through October 2023.
If a household fails to file a complete IR or 12-month report form within 10 days of it being mailed, the agency shall provide the household with a Report Form Reminder advising the household that it has 10 days from the date of the notice to file a complete IR or 12-month report form. If an eligible household files a complete IR or 12-month report form during this 10-day period, the agency shall provide it with an opportunity to participate no later than 10 days after its normal issuance date. If the household does not respond to the reminder notice, the case will close and the closure notice will be sent.
NOTE: An application can be accepted in lieu of an IR or 12-month report form if it is received in the month the IR or 12-month report form is due, or the following month. If an application in lieu of an IR or 12-month report form is used to reinstate benefits, an interview is not required, and all verification rules applicable to IR and 12-month report form processing instead of application processing apply. Benefits are also not prorated.
Processing the Interim Report or 12-Month Report - The agency must act on information reported by the household on the interim report or 12-month report form or found during the processing of the interim report or 12-month report form. Adequate notice, as defined in 1432 , is required for a change in benefits which results from information reported on the interim report or 12-month report form or found during the processing of the interim report or 12-month report form, even if additional information or verification is requested in order to process the change. Review Interim Report or 12-Month Report form - Upon receipt of an interim report or 12-month report form, the worker shall review the report; determine if any changes have been reported and if any additional information is needed; contact the household as needed to obtain further information or verification (giving the household at least 10 days to provide information); and determine eligibility and benefits for the remainder of the review period. Verification Required - The following information must be verified at the time of processing an interim report: Interim Report: Earned income changes reported in items 2a or 2b or new employment reported in question 3. A new source of income (question 2a) is considered a change. If the household reports no changes in earned income, but the agency believes this to be questionable, verification of the most recent 30 days of earnings can be required. The reason verification is required must be documented in the case file. 12-Month Report Form: Earned income changes reported in items 11a or 11b or new employment reported in question 9. A new source of income (question 11a) is considered a change. If the household reports no changes in earned income, but the agency believes this is to be questionable, verification of the most recent 30 days of earnings can be required. The reason verification is required must be documented in the case file. Changes reported on the interim report or 12-Month Report form shall be verified . Shelter expense changes must be verified (KEESM 1322.2 #1 ). Entitlement to the Standard Utility Allowance (SUA), Limited Utility Allowance (LUA), or the Telephone Standard Allowance (TS) must be verified (KEESM 1322.2 #2) . T he Homeless Shelter Expense shall be verified, if questionable (KEESM 1322.3 #6). Changes in gross unearned income of $100 or less since the last time it was verified need not be reverified unless questionable. Other reported information can be verified if questionable. Use the provisions of 1310 , and 1320 and subsections. Process Changes to Interim Report – Process reported changes following the rules that follow: Question 1 (Mandatory Question) – Remove persons who have left the home if they were on the food assistance case. If a person or persons are reported to have moved into the home, determine if the person(s) needs to be added to the case and then request information necessary to add the person to the case. Questions 2a and 2b (Mandatory Question, if applicable) – are to be completed if anyone in the household is working. Question 2a – If the answer to this question is no, then item 2b should be completed. If the answer is yes, then the household needs to complete the requested information. Verify income and budget appropriately. Yes to this question indicates a new source of income and the most recent 30 days of paystubs must be provided. Question 2b – If the answer to 2a is no, then the household is to answer Question 2b. If the household answers yes to 2b, then they are to report hours worked per week and hourly rate or salary. Yes indicates a change in income and the most recent 30 days of paystubs must be provided. If the household answers no, then the current budgeted amount does not change, unless the agency has contradictory information that a change in income has occurred. Verification of the most recent 30 days of pay can then be required. Document why verification was requi red. (Corre sponding changes shall also be made to the TANF or Child Care case as applicable.) Also see item e below regarding the checking of KDOL at IR. Question 3 (Mandatory Question) – If the household answers yes to this question, then there is new employment. The remainder of the items must be completed and the most recent 30 days of paystubs provided. Question 4 (Mandatory Question, if applicable) – If the answer to this question is yes, then further information from the household will be needed. Who stopped employment, when, why, etc. See 3540.1 regarding potential employment and SR households. Verification of the termination of employment may be needed. See 1322.1(1)(a)(iii). Question 5 (Mandatory Question, if applicable)– If the answer is yes, then additional information will be needed from the household to complete the budget. The household must provide an explanation about the income that has changed. Send a Request for information regarding the income that has changed. If it has changed by more tha n $100, verification is required. If the household answers no to this question, no action to change the other income being counted is required, unless questionable. Gross unearned income which has changed by $100 or less since the last time it was verified need not be reverified unless questionable. For child support income that is available on the system, a re-average of the last three months is required, even if the household answers no to this question. (Corresponding income changes shall also be made to the Child Care case if applicable.) If the child support income is not on the system, and the household answers no, then no change to the child support average is needed until the time of the next review, unless “no change” is deemed questionable and the last three months of child support can be required for an updated average. Document why verification was required. Question 6 (Mandatory Question) – If the household answers yes to this question, then additional information will be needed to determine if the household has gone over t he $3,000 or $4,500 resourc e limit as appropriate. The household must provide an explanation of the change. Determine if the change affects eligibility. Question 7 (Non-Mandatory Question) – If the household answers no, then no changes to address or shelter costs are made. If the household answers yes, then additional information is required in items a-g o n the form. Shelter expense changes must be verified (KEESM 1322.2 #1 ). Entitlement to the Standard Utility Allowance (SUA), Limited Utility Allowance (LUA), or Telephone Standard Allowance (TS) must be verified (KEESM 1322.2 #2) . Th e Homeless Shelter Expense shall be verified, if questionable (KEESM 1322.3 #6). Question 8 (Non-Mandatory Question) – This question need only be answered if the household has a legal obligation to pay child support. If the question is answered no, then no action is required in regard to the child support deduction being averaged and budgeted. If the answer is yes there has been a change in the legal obligation to pay child support, then further information must be provided in the explanation. If the obligation has changed, additional information regarding the actual payment amounts being made is required. See 7225 (2). Question 9 (Non-Mandatory Question) – If the household answers yes to this question and: no prior medical expenses are being allowed then additional information will be needed to determine if the household is eligible for a medical expense. prior medical expenses greater than $35 are being allowed, but new medical expenses were reported, then additional information will be needed to determine medical expenses. prior medical expense greater than $35 are being allowed and household reports no new medical expenses, then current medical expenses can remain. No further verification needed. If the household answers no to this question and: no prior medical expenses are being allowed then no further verification needed. prior medical expenses are being allowed then medical expenses should be end dated. Question 10 (Mandatory Question) – If the household answers yes to this question, then additional information will be needed to determine if the household has a vehicle that may be a countable resource. Question 11 (Non-Mandatory Question) – If the household answers yes to this question, then additional information will be needed to determine if the vehicle is exempt as a resource. Question 12 (Mandatory Question, if applicable) – If the household answers yes to this question, then additional information will be needed to determine if the ABAWD has changes in work hours that bring the ABAWD below 80 hours in a calendar month or if the ABAWD is working or participating in a training program for fewer than 80 hours per calendar month. Question 13 (Non-Mandatory Question) – The household may use this section to report any additional changes. NOTE: The Interim Report effective 10/1/2011 no longer requests information regarding the amount of dependent care being paid. Because this question is not asked, no changes in the amount of dependent care being allowed shall be made unless the household reports a change in Question 13, or there is a change in the Family Share. Process Changes to 12-Month Report Form - Process reported changes following the rules that follow: Question 1 (Mandatory Question) - Remove persons who have left the home if they were on the food assistance case. If a person or persons are reported to have moved into the home, determine if the person(s) needs to be added to the case and then request information necessary to add the person to the case. Question 2 (Mandatory Question) - If the answer to this question is yes, then further information from the household will be needed. Question 3 (Mandatory Question) - If the answer to this question is yes, then further verification will be needed. Question 4 (Mandatory Question) - If the household answers yes to this question, then additional information will be needed to determine if the household has gone over the $3,000 or $4,500 resource limit as appropriate. The household must provide an explanation of the change. Determine if the change affects eligibility. Question 5 (Non-Mandatory Question) - Shelter expense changes must be verified (KEESM 1322.2 #1). Entitlement to the Standard Utility Allowance (SUA), Limited Utility Allowance (LUA), or Telephone Standard Allowance (TS) must be verified (KEESM 1322.2 #2) . T he Homeless Shelter Expense shall be verified, if questionable (KEESM 1322.3 #6). Question 6 (Non-Mandatory Question) - If the household answers yes to this question and: no prior medical expenses are being allowed then additional information will be needed to determine if the household is eligible for a medical expense. prior medical expenses greater than $35 are being allowed, but new medical expenses were reported, then additional information will be needed to determine medical expenses. prior medical expense greater than $35 are being allowed and household reports no new medical expenses, then current medical expenses can remain. No further verification needed. If the household answers no to this question and: no prior medical expenses are being allowed then no further verification needed. prior medical expenses are being allowed then medical expenses should be end dated. Question 7 (Non-Mandatory Question) - If the household answers no, then no changes to address are made. If the household answers yes, then the address will be updated. Question 8 (Non-Mandatory Question) - This question need only be answered if the household has a legal obligation to pay child support. If the question is answered no, then no action is required in regard to the child support deduction being averaged and budgeted. If the answer is yes there has been a change in the legal obligation to pay child support, then further information must be provided in the explanation. If the obligation has changed, additional information regarding the actual payment amounts being made is required. See 7225 (2). Question 9 (Mandatory Question) - If the household answers yes to this question, then there is new employment. The remainder of the items must be completed and the most recent 30 days of paystubs provided. Question 10 (Mandatory Question, if applicable) - If the answer to this question is yes, then further information from the household will be needed. Who stopped employment, when, why, etc. See 3540.1 regarding potential employment and SR households. Verification of the termination of employment may be needed. See 1322.1(1)(a)(iii). Questions 11a and 11b (Mandatory Question, if applicable) - are to be completed if anyone in the household is working. Question 11a - If the answer to this question is no, then item 11b should be completed. If the answer is yes, then the household needs to complete the requested information. Verify income and budget appropriately. Yes to this question indicates a new source of income and the most recent 30 days of paystubs must be provided. Question 11b - If the answer to 11a is no, then the household is to answer Question 11b. If the household answers yes to 11b, then they are to report hours worked per week and hourly rate or salary. Yes indicates a change in income and the most recent 30 days of paystubs must be provided. If the household answers no, then the current budgeted amount does not change, unless the agency has contradictory information that a change in income has occurred. Verification of the most recent 30 days of pay can then be required. Document why verification was required. (Corresponding changes shall also be made to the TANF or Child Care case as applicable.) Question 12 (Mandatory Question) - If the household answers yes to this question, then additional information will be needed to determine if household has a vehicle that may be a countable resource. Question 13 (Non-Mandatory Question) - If the household answers yes to this question, then additional information will be needed to determine if the vehicle is an exempt resource. Question 14 (Mandatory Question, if applicable) - If the household answers yes to this question, then additional information will be needed to determine if the ABAWD has changes in work hours that bring the ABAWD below 80 hours in a calendar month or if the ABAWD is working or participating in a training program for fewer than 80 hours per calendar month. Question 15 (Non-Mandatory Question) - The household may use this section to report any additional changes. Check KDOL - Check KDOL for all adults in the household ages 18 - 65 to determine if there is any current unreported income. KDOL does not need to be checked for persons getting SSI or Social Security Disability. The intent of checking KDOL is to determine if there is any unreported income or unemployment compensation. If unreported employment is found, this should be evaluated to determine if the employment should have been reported (over 130% threshold) or if the income continues. Use prudent person judgment in determining if a change in income or unreported income reflected on KDOL requires additional follow up. If the change is determined to be contradictory or questionable, verification of the most recent 30 days of income can be required. NOTE: For Food Assistance if unreported wages are found on KDOL they must be verified by the household before eligibility can be determined. Action Required if Verification Not Provided - If verification of earned income, unearned income, resources and household composition is not provided, benefits shall be terminated. If the household fails to provide sufficient verification (KEESM 1322.2 ) or verification regarding any questionable information (KEESM 1322.3 ), benefits shall not be terminated, rather benefits will be determined without including the deduction. If this occurs, the household must be notified that a deduction or deductions were not allowed since verification was not provided, and that benefits will be redetermined if the verification is subsequently provided. If the household does not verify other items for which verification is required (including information deemed questionable), the agency shall act on the reported change if benefits would decrease, and not act on the reported change if benefits would increase. If verification is later provided, increased benefits shall be provided the month following the month in which the verification is received. If the household does not verify other items that would affect eligibility (such as: unearned income changes, resources changes, residency changes) then the case shall be closed providing adequate notice. If information necessary to determine continued eligibility or benefit amount is being requested from the household from a change reported on the interim report, only adequate notice is required in these instances. Notification - The household must be provided adequate notice of the food assistance benefit amount when the IR or 12-month report form has been processed. The notice includes the 130% reporting threshold and reminds households of their reporting requirements.
2. Action on Other Programs - Changes reported on the interim report for food assistance purposes shall also be acted upon, as appropriate, for cash and child care benefits. Timely and adequate notice is required for any reduction or termination of benefits for these programs.
3. Termination of Benefits - Failure to return a complete IR or 12-month report form in the month in which it is due, results in ineligibility for food assistance benefits only. If the interim report is submitted the month after it was due, benefits are to be reinstated if otherwise eligible. In such instances, a new application would not be required for reinstatement purposes and benefits would not be prorated. The agency shall close the food assistance program if the completed interim report is not received or if the household is no longer eligible for benefits. An adequate notice of action is required when the household is no longer eligible.
4. Reinstatement of Assistance - If an eligible household files a complete interim report or 12-month report form after the case has been closed, but before the end of the report month (month in which the report is due), the agency shall reopen the case without requiring the household to file an application and shall approve benefits no later than 10 days after the household normally receives benefits. If a household files a complete interim report or 12-month report form after the end of the report month but before the end of the month following the month in which it was due, the agency shall reinstate assistance and, if otherwise eligible, approve benefits within 30 days from the date the interim report or 12-month report form is received. Benefits for the month shall not be prorated and the household shall not be required to file a new application. See the NOTE at the beginning of this section regarding accepting an application in lieu of an IR or 12-month report form. When reinstating assistance, changes reported on the interim report form or 12-month report form (or application in lieu of an IR or 12-month report form) shall be acted upon for the benefit month being reinstated. For example, a case is closed 8/31 for no IR. The IR is returned 9/9 and the household reports that a member has left the home. This change shall be acted upon when determining benefits for the month of September.
A notice of reinstatement must be sent to the household. If a household which has been closed for failure to file a complete interim report or 12-month report form does not return the required form by the end of the month following closure, the household shall be required to reapply. A new application is also required if the household fails to provide verification timely and the 10th day to provide verification falls in the second month following case closure. Example: Case closes 5/31 for no IR. IR is returned 6/25. Verification due 7/5 and not returned.
9122.7 Processing Changes Not Required to be Reported or Reported for Cash or Child Care - Appropriate action shall be taken on all changes that are reported by the household, or learned of by agency staff outside of the interim reporting or 12-month reporting process. Timely and adequate notice is required.
Changes reported or information obtained about a household’s circumstances outside of the interim reporting or 12-month reporting process may be determined to be unclear information, or may be information determined to be significantly conflicting.
Unclear information is change information that is not verified, or information that is verified but the agency needs additional information to act on the change.
Example: A client leaves a voicemail reporting they began working, but did not include the name of the employer or any other information.
Significantly conflicting information is change information that conflicts with the data used to determine eligibility at application, interim or 12-month report, or review.
Example: A client failed to report a source of income on the application, did not disclose the income during the interview, and later reported it
When change information is determined to be unclear, staff will need to determine if the change information was required to be reported based on Food Assistance simplified reporting requirements (See KEESM 9122.1 ). No assumptions are to be made about the unclear information. Staff must attempt collateral contacts to obtain verification. If collateral contacts are unsuccessful, and the information was not required to be reported, the information will not be acted on. A journal entry will be added to the eligibility system to alert the next worker to address the information at the next interim/12-month report or review. If the collateral contacts are unsuccessful, the change information is fewer than 60 days old relative to the current month of participation, and the information was required to be reported, a request for verification must be sent, allowing 10 days for the household to respond. If the household fails to respond, the Food Assistance case will be discontinued.
When change information is determined to be significantly conflicting, verification must be obtained and eligibility redetermined. If verification is not provided, the Food Assistance case will be discontinued.
9122.8 Processing Reported Changes That Are Required to be Reported
130% Income Reporting Threshold - When a simplified reporting household reports an increase in income which is over the 130% income reporting threshold, staff must determine if the household's gross monthly income exceeds 130% of poverty for the household size at the time the change is being processed. If the household is at or over the 130% original reporting threshold, but remains eligible, no further reporting requirements regarding income are required until the next interim report, 12-month report or review is due. Changes resulting in ineligibility shall affect eligibility the first month possible considering timely notice requirements. Since the gross income test (130% of poverty) does not apply to categorically eligible and/or special households, special provisions apply. (A special household is one containing at least one member who is elderly or disabled.) Proceed as follows: Special Household - If the special household's income exceeds the net income standard, take action to close the food assistance case. (See 7420 .) Categorically Eligible Household - If the Food Assistance Benefit tables ( Appendix , Item F-3) indicate a benefit even though the net income is above the net income limit, categorically eligible households are to be given that benefit amount. Reduction in the Number of Hours Worked by an ABAWD - If the simplified reporting household contains an ABAWD meeting the work requirement of 2520 (1), the household is required to report if the household member's work hours fall below an average of 20 hours a week, averaged monthly. If this change is reported by the household, process the change as follows: Becomes Exempt or Has Good Cause - Determine if the household member has become exempt from the ABAWD provisions or has good cause for the reduction in work hours per the NOTE in 2520 (1). If so, document the exemption or that the reduced work hours was temporary. Make appropriate benefit changes. Not Exempt and Does Not Have Good Cause - If the person is non-exempt and the work hours will stay reduced below 20 hours a week averaged monthly, then determine if the person has already received 3 months of ABAWD benefits while not meeting the work requirement. If not, take no action to remove the person until they have used their three ABAWD months. If benefits will change due to the reduction in income, take action on that change. If the person has already used their three ABAWD months, take action to remove the person at that time. Timely and adequate notice of adverse action must be provided.
9123 Failure to Report - If the agency discovers that the household has failed to report a change, as required in 9121 or 9122 , and as a result, received benefits to which it was not entitled, a claim shall be filed against the household. The household is entitled to a timely and adequate notice of adverse action if the household's benefits are reduced.
A household shall not be held liable for a claim because of a change in household circumstances which it is not required to report in accordance with 9121 or 9122 . Individuals shall not be disqualified for failing to report a change unless disqualified in accordance with fraud disqualification procedures.
NOTE: A claim shall not be established for food assistance for failure to report a change for cash or medical assistance purposes, unless the change was also required to be reported for food assistance purposes per 9121 or 9122 .
9124 Whereabouts of Recipient Unknown - In instances when the agency does not know the whereabouts of a recipient (except for a person continuously eligible for medical coverage), the agency shall send an Informational Notice to the last known address which will advise the recipient to inform the agency as to his whereabouts by a given date (allow 10 days per 1321(3)) .
NOTE: The above does not apply if the application for review, interim report or 12-month report form for food assistance, returns with no forwarding address.
NOTE: All returned mail should be compared with information in the case file to determine if the mail was sent to the correct address. If mail is returned with a forwarding address, mail is to be forwarded and the system updated with the new address. For cash and child care, request information regarding living arrangements/household composition. If mail was delivered to the address identified by the recipient and no forwarding information is available. For Food Assistance this information is considered unclear and is to be addressed at next interim report, 12-month report or Review.
9125 Mass Changes in Social Security or SSI Benefits - Households are not responsible for reporting mass changes to Social Security or SSI benefits. The agency through use of BENDEX and SDX information, shall ascertain the amount of the increase in these benefits and shall reflect the changes no later than the second benefit issued after the month in which the change becomes effective. These changes are processed as a mass change each year in the preceding November and December effective for January. Any cases not updated in the mass process must be updated no later than the March benefit month.
9200 Transfer of Assistance
When a recipient requests a case be managed by another service center due to a move or other reason, the worker and the client or responsible party shall determine where the case should be managed based on the best interests of the client. If the recipient chooses to have benefits and services established and maintained in the service center for the new county, the current office is responsible for transferring the case to the new office. All existing paper files and electronic cases should be transferred to the new office at the time of the case transfer.
If the recipient now resides in another county, but chooses to continue to have the case managed by the current office, EES staff in the current office should process the change in accordance with 9121.1 or 9122.1 . The eligibility system should be updated (including cash need standard) with the known changes.
9210 Pending Applications - When an applicant requests the case be managed by another service center due to a move or other reason prior to application processing, the worker and the client or responsible party shall determine where the case should be managed based on the best interests of the client. If the applicant chooses to have benefits and services established and maintained in the service center for the new county or a service center different from the current one, the current office shall immediately forward both the electronic file and the paper file to the new office processing any expedited benefits prior to transfer. An informational notice shall be sent to the client to advise of the action and of the new office responsible for the application.
9220 Open Cases Being Transferred - If a case is in open status both the old office and the new office have responsibilities in completing the transfer. The original review period remains for all programs. See KEES user manual for the Business process steps.
The office where the client reports the change is responsible to complete the following changes (following the principle of First Contact Resolution):
Either office, old or new, is responsible to update the case file, adjusting the address, county of residence, standard of need and notifying CSS of any change in absent parent.
For TANF and food assistance programs, adjust shelter expense s (KEESM 1322.2 #1), if verified.
For child care, if a change in providers is reported, close existing child care plans and write new plans with the new provider if adequate information is known. Send appropriate notices to the provider(s) (see 1431 ).
Send a notice advising the client the case has been transferred. If a review, application, interim report or 12-month report form is needed, the office notified of the change is responsible to apply the principle of First Contact Resolution.
When a client moves without providing a new address, use procedures in 9124 .
For work programs, end-date all activities and any applicable service arrangements for supportive services unless the participant is moving to accept employment. If the individual(s) is moving to accept employment, open only the Employment activity. If moving to accept new employment, transportation may be set up for the month the move takes place. NOTE: If the individual is participating in the food assistance E&T program and is transferring outside of the counties in which E&T is offered (See KEESM 3100 #3) the case must be closed and support services terminated. If transferring within the state, the case may remain open and support services may continue. The case closure should be initiated by the Food Assistance E&T provider, but EES staff should check the system whenever a food assistance only case is being transferred out of the state to assure the program block has been closed.
For child care, close any open child care plans and send appropriate notices to the providers (see 1431 ). Plans may be left open if the child continues care with the same provider.
Reassign the Worker ID of any Food Assistance, TANF or Child Care program block(s) in ‘Active’ or ‘Pending’ status to the new office location Worker ID using the appropriate procedures.
9221 Reserved
9222 Receiving County's Responsibilities - Once the new county is notified of the move (client, task, etc.) the new county assumes the following responsibilities (in addition to 9220). Any resulting adjustments in eligibility because of changes occurring as a result of the move are to be made no later than two months following the month of transfer following the reporting rules of 9121 or 9122 as appropriate. Any required reviews, applications, interim report or 12-month report forms are also the responsibility of the receiving county to process.
For food assistance programs, review the file and make any necessary adjustments in eligibility (including household composition, shelter and other expenses, and income) in accordance with 9121 or 9122 as appropriate. Issue supplemental benefits if necessary.
For TANF programs, review the file and adjust the shelter group by updating the county associated to the physical address if necessary. Also, make any other necessary adjustments in eligibility (including household composition and income) in accordance with 9121 or 9122 as appropriate. Issue supplemental benefits if necessary.
For Work programs, open the Assessment activity one month and send appointment notice to meet with individual(s) and engage them in appropriate work components. The need for support services should be addressed in this meeting. If the individual(s) moved to accept employment, the Employment activity should be open and transportation may be in place during the month of the move. The caseworker should request documentation of employment to determine benefits and adjust support services as needed. If the transferred case is a food assistance only case coming from one of the counties which offer the FAE&T program, EES workers should check the system to make sure the program block status has been closed.
For child care programs, update the child care plan if necessary and send appropriate notices.
9230 Closed Cases - If the case is in closed status, the current office should contact the office where the closed case is located.
The application may be used to transfer a closed case to a new office when the client reapplies prior to the effective date of closure but subsequent to the closure notice being issued and when reapplication occurs within the month following the month of closure. If the client reapplies after the month following the month of closure, an application shall be required.
9300 Reviews
All categories of assistance require periodic review. At the expiration of the review period, entitlement to assistance ends. Further eligibility must be determined through the review process. A review is based on a new application, an interview, if required, and verification as required. Note: For those households who do not return the review by the end of their review period, the review form can be used to determine eligibility if the form is returned in the month following the end of the review period. Expedited service and pro ration are applicable when a Food Assistance household returns the review form in the month following the end of their review period. All food assistance households who return the review form in the month following the end of their review period must be screened for expedited service.
9310 Review Process - The review process is a complete re-examination by the agency concerning all factors of eligibility. In the process, the appropriate review form shall be used along with the rest of the agency record. The purpose of the review is to give the client an opportunity to bring to the attention of the agency his or her needs and to give the agency an opportunity to re-examine all factors of eligibility in order to determine the client's continuing eligibility for assistance.
9320 Notice of Expiration - A notice of expiration of the review period shall be sent to each household. The local agency shall provide an application form with the notice of expiration and/or an appointment for an interview, if applicable. When a review must be made and it is known that the recipient is temporarily visiting away from his or her residence, the notice of expiration and appropriate form should be mailed to the temporary address.
In all programs, a notice of expiration shall be mailed to the household no earlier than the first day of the next-to-the-last month of the review period and no later than the first day of the last month of the current review period.
NOTE: This provides timely notice of the ending of benefits; therefore, further timely notice is not required to affect benefits for the start of the new review period.
Food Assistance - For households approved for 2 months of Food Assistance benefits, the notice of expiration shall be provided at the time of approval, i.e., expedited benefits.
9330 Client Requirements for Timeliness
9331 Application - For all programs, the application for review must be received by the 15th day of the last month of the review period. Households that were provided a notice of expiration at the time of food assistance approval as discussed in 9320 shall have 15 days from the date the notice is received or until the 15th day of the last month of review, whichever is longer.
9332 Interview (Food Assistance and TANF) - A timely interview is one that is conducted before the 15th day of the last month of the review period.
An interview for Food Assistance is required at the time of review, except for households in which all adult members are elderly or disabled and there is no earned income AND no changes have been reported on the review form. The agency is responsible for scheduling one interview (either telephone or face-to-face) for a review. Telephone interviews should be used unless there is a valid reason for a face-to-face interview, or if the household requests a face-to-face interview. See KEESM 1412.1. For households in which all adult members are elderly or disabled and there is no earned income and no changes have been reported on the review form, the review can be processed without an interview, provided the household provides any required verification. An interview will be scheduled and conducted for any household in this category if:
The household requests an interview; or
There are outstanding issues or questions about the review process that must be addressed; or
Any verifications are requested and not provided by the household.
NOTE: No application for review in the targeted group can be denied without an attempt to schedule an interview. For example, if certain verifications are required and the household does not provide those verifications, an interview must be attempted first by a cold call, and then by an interview letter if the client cannot be reached by a cold call. If the client fails to complete the interview, then the review application can be denied. Other potential denials for excess income or excess resources will also require that an interview be scheduled before the review application can be denied. Denials for moving out-of-state would not require that an interview be scheduled, however. In addition the agency must assure that the household understands the medical expense deduction and it is being allowed correctly. Any discrepancies noted on the application must be resolved prior to processing the review. To implement this waiver the interview needs marked as exempt to ensure that the case is not auto closed for no interview. Interviews are not required for TANF at review. However, interviews may be requested by the client or at the discretion of the EES worker. If requested by the worker, documentation as to the reason will be included in the narrative. Timely interviews shall be conducted by the 15th of the last month of the review period. The requirement to have the interview conducted by the 15th of the last month of the review period may be waived on a case-by-case basis if the recipient is unable to complete the interview process due to hardship conditions. Failure on the part of the recipient to cooperate with the interview requirement shall render the entire mandatory filing unit ineligible for assistance.
When scheduling a telephone interview, a date and time for the telephone interview must be provided to the household. A two-hour window-of-time should be used when scheduling the telephone interview. A shorter window-of-time can be used, but a window-of-time longer than 2 hours cannot be used. If the client does not have a telephone, the agency can still schedule a telephone interview if the client is provided a two-hour window-of-time to call the caseworker for the interview.
Households which have timely filed an application for review but fail to complete an interview scheduled after the 15th day of the last month of the review period shall lose their right to uninterrupted benefits. Households which fail to complete an interview scheduled after the date the application has been submitted timely are responsible for rescheduling the interview. Households who return the application form after failing to complete an interview scheduled, must have another interview scheduled prior to denial for failure to show for an interview.
NOTE: Denials for failure to show for an interview take precedence over denials for failure to provide information. For food assistance, this means that if the applicant fails to complete the interview process and fails to provide information requested prior to the interview, the application cannot be denied for failure to provide information. It must instead be denied for failure to complete the interview process.
9333 Information/Verification - All information and/or verification shall be provided by the requested date. Clients must submit any required verification or additional information within 10 days from the date of the initial request in order to ensure the rights to uninterrupted benefits, provided the deadline to submit such verification does not occur prior to the date the application was timely filed.
Follow the verification requirements at initial application, (KEESM 1322 ), except that citizenship, providing an SSN, residency, and identity, do not have to be reverified unless a change has been reported or it is questionable. At the time of review, if the appropriate section of the review application has not been completed, a new Purchase and Prepare Statement must be obtained (if applicable) if household composition or purchase and prepare arrangements have changed since the last time the form was completed and those changes are questionable.
Fo r T ANF, non-citizen status must be reverified by running SAVE at review .
For food assistance, non-citizen status must be reverified by running SAVE at interim report, 12-month report, and review. For food assistance and TANF, check KDOL UC and KDOL Wages for any unreported current earned income/unemployment compensation. This only applies to household members ages 18 – 65. This also does not apply to persons getting SSI or Social Security Disability benefits. NOTE: If unreported wages are found on KDOL they must be verified by the household.
9340 Agency Action on Timely Reapplication - If reapplication for benefits is filed timely (received by the 15th day of the last month of the review period) and all review requirements are met, the agency shall act upon the information to ensure uninterrupted benefits. Workers shall take action on timely filed reapplication within the following time standards.
For all households that have timely filed an application for review and met all required review procedures, the worker shall approve or deny the application and notify the household of its determination by the end of the current review period. Reviews processed by the last work day in the last month of the review period are considered timely. For all cash, child care, and food assistance households not determined eligible in sufficient time to provide for normal issuance of benefits in that time frame due to the time period allowed for submitting verification shall receive their benefits, if eligible, within 5 working days after the household supplies the missing verification.
All households are to be notified of the appropriate reporting requirements upon review approval. See 9120 .
9350 Household Failure to Act - A household which submits a timely application for review (received by the 15th day of the last month of the review period) but is either interviewed and /or submits all verification in an untimely manner shall lose the right to uninterrupted benefits. If eligible, these households shall be provided benefits within 30 calendar days after the application was filed.
A household which fails to appear for an interview or submit required verification in accordance with 9332 and 9333 , shall lose its right to uninterrupted benefits and shall be denied by the end of the current review period. Once denied, the household has 30 days following the end of the review period to complete the interview or provide required verification. If the household takes the required action during this 30 days, the review shall be processed with food assistance benefits prorated from the date the household took the required action. Cash and Child Care benefits are not prorated per 7401 . If the household does not take the required action during the following 30 days, a new application is required.
Any application for review not submitted in a timely manner shall be treated as an initial application. However, if an application or review form is returned in the month following the end of the review period it can be used to redetermine eligibility and benefits shall not be prorated for all programs except food assistance. The timeliness provisions of 1413 apply, however for cash cases the following provisions apply:
Application for review filed between the 16th and last day of the review period - must be processed within 30 days to be timely.
Application for review filed after the last day of the review - must be processed within 45 days to be timely.
9360 Agency Failure to Act - Agency failure to provide normal issuance of benefits to an eligible household, which submitted a timely application for review, in accordance with the above provisions shall be considered an administrative error. These households shall be entitled to restoration of benefits if, as a result of such error, they were unable to receive benefits for the month following the expiration of the review period.
9370 Reserved
9371 Review Periods for TANF - TANF cases, including those eligible for the Work Incentive payments, shall be reviewed at least once every 12 months. The review will not be shortened or extended to coincide with the Work Incentive payment months. Grandparent as Caregiver and other caretaker cases as defined in 2220 shall be reviewed at least once every 24 months.
9372 Review Periods for Food Assistance - The review periods are as follows:
12 months - All households shall be certified for 12 months with the exception of those certified for 6 months or 24 months as described below. A mid review contact with the household must occur in the 6th month of the review period to determine if the household has any changes in circumstances requiring case action. This mid review contact is accomplished by the sending of the Interim Report. The Interim Report will be sent automatically and the due date will be automatically determined by the system. The Interim Report is mailed on the 5th day before the end of the month, unless the 5th day is a non-work day, then the form is mailed the first work day prior to the 5th calendar day before the end of the month. Information reported on the Interim Report shall be used to determine eligibility and the amount of benefits for the remainder of the 12-month review period. Automatic closure of the food assistance case will occur if the Interim Report Form is not registered by the end of the month. An automatic notice of closure is sent. Adequate notice must be provided of any changes from the prior benefit level based on information reported on the report form. If the household returns the form or provides needed information in the month following the month of closure, the case shall be reinstated per 1423.
6 months -Households residing in shelters for battered persons and children shall be certified for a 6-month period because there is a substantial likelihood of frequent and significant changes in income or household status for household in these situations.
24 months - Households where all adults are elderly or disabled with no earned income shall be certified for a 24-month period. As a condition of certifying for 24 months, the following provisions apply: A mid review contact with the household must occur in the 12th month of the review period to determine if the household has any changes in circumstances requiring case action. This mid-review contact is accomplished by the sending of the12 Month Report Form. The 12-Month Report Form will be sent automatically and the due date will be automatically determined by the system. The 12-Month Report Form is mailed on the 5th day before the end of the month, unless the 5th day is a non-work day, then the form is mailed the first work day prior to the 5th calendar day before the end of the month. Information reported on the 12-Month Report Form shall be used to determine eligibility and the amount of benefits for the remainder of the 24-month review period. Automatic closure of the food assistance case will occur if the 12-Month Report Form is not registered by the end of the month. An automatic notice of closure is sent. Adequate notice must be provided of any changes from the prior benefit level based on information reported on the report form. If the household returns the form or provides needed information in the month following the month of closure, the case shall be reinstated per 1423 . Special provisions regarding the treatment of medical expenses apply to all households approved for 24 months. Refer to 7227.5 (7). NOTE: If a household is certified for 24 months and the household 1) subsequently gets earned income or 2) an adult who is not elderly or disabled is added to the food assistance case, the household can no longer be certified for 24 months. If there are more than 12 months left in the review period, the review period must be modified to a 12-month review period. If there are 7 months to 12 months left in the review period, the review period does not need to be changed. If there are 6 months or less left in the review period, the changes to the review period can be made at the time of review. When determining how many months are left in the review period, start counting with the benefit month the person or earned income is added to the case. Example: Mary gets SSI and her review period is 2/1/08 through 1/31/2010. Mary calls on March 5th, 2009 and reports she started working at WalMart. Earned income is added for the benefit month of April 2009. 10 months are left in the review period starting with April 2009. An interim report will now be due July 2009 based on a January review due date.
9373 Reserved
9374 Review Periods for Child Care - Reviews shall be completed every 12 months. An initial review period for less than 12 months may not be established. Although benefits may begin with the date of application, that 12-month period should be calculated starting the 1st day of the month following the month that benefits are authorized or the first month for which benefits are authorized, whichever is later. See KEESM 7640 for situations in which the case may be closed prior to the end of the 12-month review period.
At the 12-month review, if the household’s income remains below 85% of the State Median Income (SMI), the household will be approved for another year of eligibility.
When adding a child to an existing child care case to receive child care benefits, the child care plans and review period for the entire family will be changed to end in the last month of the newly added child’s 12 full months of eligibility. The newly added child’s 12 full months of eligibility will be determined in the same way it is determined for a new application. There is no limit to the number of times a family’s Guaranteed Eligibility (GE) period and review period may be extended.
NOTE: No formal review is required for child care cases for children in foster care or for children whose parent or caretaker is participating in the TANF work program.
9375 Review Periods for Work Programs - Review requirements for Work programs cases are completed through periodic progress reviews. Progress reviews shall be ongoing and provide an assessment of the individuals progress in the assigned component. Each component has specific progress review requirements. See 3310 . Documentation of the completed progress review should be maintained in the case file.
10000 Child Care Providers
This section includes information regarding different types of providers, the process for client selection of a provider and h ow to enroll a provider for DCF payment purposes.
KDHE is the state agency primarily responsible for issuing a license to regulate child care providers. Information regarding KDHE Rules and Regulations can be found at the following web site: https://www.kdhe.ks.gov/280/Child-Care-Licensing . A Memorandum of Agreement has been established between DCF and KDHE to eliminate duplication of functions assigned to staff of both agencies. This is updated and signed every 2 years.
Child Care and Development Fund federal regulations emphasize that informed parental choice is important and that clients should be permitted choice from a wide range of child care providers. Clients have the responsibility to investigate all types of providers when choosing a provider for their child(ren).
10010 Provider Selection - To assist families in selecting a child care provider, the EES staff and parent must take into account the individual needs of the child including the reasonable accessibility of the care to the child's home and school and the client's place of employment or training, needs of the client and the appropriateness of the care to the age and special needs of the child. Local Resource and Referral Agencies provide a resource to assist parents with choosing child care arrangements.
The EES staff is responsible for informing the parent of the different types of child care providers whose services may be purchased and how payments can be made to a provider. Staff may need to inquire whether or not there are special considerations in finding appropriate child care to meet the needs of the child.
NOTE: Payment shall not be made to a provider who is a member of the same child care case or resides in the same physical household of a client who is receiving child care services. Providers may apply for child care for their own children but care cannot be paid to their facility if they are the owner. An exemption can be made for a child in the custody of the Secretary of the Kansas Department for Children and Families and is participating in the Foster Care Child Care Program. This exception would allow foster/relative and kinship parents who are owner/operator of a licensed child care facility to make payment to that facility.
10011 Role of Resource and Referral Agencies - All 105 Kansas counties receive child care resource and referral services through a statewide contract with Child Care Aware of Kansas. R&R's assist the client in locating child care providers and in making an informed choice when selecting a child care provider, including assisting families in how to access current survey findings and complaints associated with their selected provider. Additional consumer education services include a variety of other materials and resources a family may be eligible for including but not limited to child development and developmental screenings, food assistance, TANF assistance, WIC, and medical assistance. All families may benefit from having a referral made to Child Care Aware of Kansas and Child Care in Kansas (CCinK).
Services are provided through 4 Regional Resource and Referral Offices and a Statewide Call Center located in Topeka, KS. All families needing child care can call toll-free 1-877-678-2548 for assistance or visit the Child Care Aware of Kansas website at www.ks.childcareaware.org . The four regional Child Care Resource and Referral Agencies directly serve families, child care providers/early education staff and communities in every county through the following R&R regional offices: Region One: Salina, Hays, Colby Region Two: Wichita Region Three: Topeka, Lawrence Region Four: Kansas City For more information on specific counties served by these regional offices visit www.ks.childcareaware.org .
EES staff shall provide child care applicants and recipients with this telephone number. EES staff shall also provide information about the following services available through the local R&R:
R&R's assist families searching for child care by: Helping families understand and evaluate available child care options, Providing lists of available child care providers within the community/area, Responding to special concerns and needs, and Providing information on quality indicators and features to look for in a quality child care program.
R&R's work to build and maintain the supply of high quality local child care by: Conducting educational workshops and trainings for child care providers, Offering technical assistance to new and existing providers, including Out of Home Relative providers, Supporting the retention of existing providers, and
NOTE: An Infant-Toddler Initiative began in October 1999. Infant-Toddler Specialists are available in each of the 7 R&R's to provide training, technical assistance, and consultation to child care providers.
R &R's educate communities about local child care needs and issues by: Collecting, analyzing and sharing information on availability, affordability and quality of local child care, Identifying gaps in child care services, and Planning and developing new child care options.
R&R's provide employers with child care information by: Consulting with employers about the child care needs of their employees and providing information on child care options, Offering enhanced referral services as an employee benefit, Offering and developing child care resources specific to the organization's needs, and Offering and presenting parenting seminars for employees at the worksite.
For a list of the Resource and Referral Agencies in Kansas and the counties they serve, see Weblinks .
10020 Types of Providers - Most KDHE licensed and some non-regulated legally exempt providers may be enrolled by DCF to receive payment for services provided for DCF eligible children.
10021 Licensed Providers - Licensing of child care providers in the State of Kansas is required under K.S.A. 65-501 to 65-531, as amended. See http://www.kdheks.gov/280/Child-Care-Licensing . Under this statute, it is unlawful for any person, firm, corporation, or association to conduct or maintain a child care facility for children under 16 years of age, not related by blood, marriage, or adoption, outside his or her own home when unattended by parent or guardian without having a license or temporary permit issued by the Secretary of Health and Environment.
Family Child Care Home - A child care facility in which care is provided for a maximum of 12 children under 16 years of age and includes children under 10 years of age related to the provider. This could require two providers depending on the total number and ages of children in care.
Child Care Center - A child care facility in which care and educational activities are provided for 13 or more children two weeks to 16 years of age for more than three hours and less than 24 hours per day including day time, evening, and night-time care, or which provides before and after school care for school-age children.
Preschool - A Preschool is a facility which provides learning experiences for children who have not attained the age of eligibility to enter kindergarten as prescribed in K.S.A. 72-1107 and any amendments thereto, and who are 30 months of age or older. The facility: conducts sessions not exceeding three hours per session; does not enroll any child in more than one session per day; does not serve a meal; and may have fewer than 13 children and be licensed as a preschool if the program and facility meet preschool regulations. The term "preschool" shall include educational preschools, Montessori schools, nursery schools, church-sponsored preschools, and cooperatives. (Refer to KDHE Regulations for Preschools and Child Care Centers. Information specific to Preschools is included under K.A.R. 28-4-434, 435.) Only regulated (licensed) preschools are eligible to be enrolled as a DCF Provider.
Public or Private Schools - A license is required in the following situations: A public or private school sponsored program which provides child care during the summer for school age children. School age programs operated or sponsored by an agency other than a public school which offers before and after school or summer child care programs. Programs for children who are not school age and need child care while the parent is attending school or working. This excludes pre-kindergarten academic programs; and Child care programs caring for infants or toddlers.
School Age Program - A child care facility that serves exclusively school-age children and youth. This may include a building based program, mobile summer program or outdoor summer camp (this does not include a drop-in program).
Head Start Programs - Head Start is a federal program that serves the educational, psychological and health needs of low-income preschool children and their families. Programs are designed to include pre-school activities, lunch and/or an extended child care program. See http://www.ksheadstart.org/ DCF can make payment for children enrolled in federally funded Head Start slots ONLY for the extended child care program. DCF can make payments for child care services for children who are not enrolled in the federally funded Head Start slots but are in slots that are private pay or for children in the Kansas Early Head Start Program. Head Start programs may or may not be licensed depending upon the sponsor of the program. (Refer to KDHE Regulations for Preschools and Child Care Centers.) Only licensed programs are eligible to enroll as a DCF provider. NOTE : A State administered quality initiative using Head Start and Early Head Start sites began in State Fiscal Year 1999. Infants, toddlers and preschoolers will be determined eligible by the Early Head Start/Head Start agencies for full-day, full year services. Child care subsidy is not utilized for this initiative unless specifically addressed below. Coordination will be necessary between the local DCF offices and the EHS/HS agencies. This is called the Kansas Early Head Start Program. Se e KEESM 1728 . Kansas Early Head Start (KEHS) Programs pay for child care for a child enrolled in the program. However, since there has been an increase in the number of employed families over the years, there is an even greater need for child care assistance. Therefore, when a newly enrolled child enters KEHS, the family may be able to access DCF Child Care Subsidy when the KEHS Program does not have any child care openings and the following criteria are considered: The DCF child care provider must also be a KEHS child care provider; KEHS shall have a written child care agreement with each child care provider. This written agreement shall include individualization of the child's needs and a transition plan for moving from DCF Child Care Subsidy to KEHS or vice versa, unless participating in the Kansas Early Head Start/Child Care Partnership program as identified by the referral from KEHS. DCF shall receive written communication from KEHS when a child should be determined eligible. Appendix, Item # C-20 , Turnaround Communication Referral Form, shall be used in connection with the ES-3100 application form for KEHS families applying for child care assistance. If a KEHS child meets eligibility the child care plan shall be written for 12 months. See KEESM 7610 (1) regarding eligibility periods for initial approvals. DCF and KEHS shall have written communication before and after this 12-month period. NOTE: A child being referred for child care assistance by KEHS must be determined eligible under current child care assistance regulations unless participating in the Kansas Early Head Start/Child Care Partnership program. With the exception of cooperation status, eligibility for these partnership participants will be determined by KEHS using KEHS eligibility standards. KEHS will send a referral that clearly indicates participation in the partnership program, and receipt of the referral will be considered verification that KEHS has made that determination. If there are no outstanding cooperation issues with referred families, eligibility will be approved based on the KEHS determination.
Drop-in Care - Drop in care is a school-age program in which the operator permits children and youth to arrive at and depart from the program at their own volition and at unscheduled times. To enroll as a DCF provider, Drop-In programs must be licensed as a School Age Program or a Child Care Center.
10022 Unregulated Legally Exempt Providers - Certain categories of child care are exempt from State of Kansas Licensing Law. KDHE should be consulted when the legally exempt status of a provider is in question.
In-Home Relative (Informal Arrangement) - An In-Home Relative child care provider is a relative of the child. Relative for child care purposes is defined as a grandchild, great-grandchild, sibling (if the provider lives in a separate residence), or niece/nephew of the provider. Relationship can be through marriage, blood relationship, or court decree to the child. An In-Home child care provider must meet the following criteria:
is not the child's own parent-guardian-caretaker, regularly provides care for six or fewer related children under 16 years of age, including their own, provides care in the child's own home during a portion of a 24-hour day, is not a member of the eligible family's cash assistance case, child care case or physical household, and is at least 18 years of age.
In-Home Child Care is available to clients in all child care subtypes. The In-Home Relative Provider is considered an employee of the client. Clients must contact IRS regarding their responsibilities as an employer and to receive a Federal Employer Identification Number (FEIN). The FEIN number is required for approval of in-home relative child care. Verification of the FEIN can be verbally accepted. The FEIN must be verified in hard copy format at the next provider review or the review may be denied.
Out-of-Home Relative (Informal arrangement) - A relative of the child who:
Is not the child's own parent-guardian-caretaker; Regularly provides care for six or fewer related children under 16 years of age, including their own. Regions are allowed flexibility to approve more than six children if all are in the same nuclear family; Provides care in the residence of the provider; Provides care for less than 24 hours a day; Is approved by DCF as meeting health and safety checklist standards; Is at least 18 years of age; and Provides child care to children who are either a grandchild, great-grandchild, sibling (if the provider lives in a separate residence), or niece/nephew of the provider. Relationship can be through marriage, blood relationship or court decree to the child.
NOTE: Any relative substitute requests must meet eligibility criteria and be cleared by DCF prior to making payment. Relative substitutes must reside with the relative provider, such as a spouse, and not regularly provide child care.
Child Care Provided on a Military Base - Kansas law regarding child care does not apply to Military Bases. Military bases may have child care centers and family day care homes that meet standards imposed by the military. Documentation of compliance with the minimum standards of the sponsoring agency will be required to approve the provider for enrollment. Documentation of compliance with the minimum standards of the sponsoring agency and KDHE licensing requirements will be required to approve the provider for enrollment. A Memorandum of Agreement must be established with DCF to enroll as a subsidy provider.
Out-of-State Providers - Providers who care for Kansas children but reside in a state other than Kansas must meet the minimum requirements for child care providers, be licensed and a subsidy provider in their state of residence (not applicable to out of home relative or in-home relative providers). Documentation of compliance with that state will be required to approve the provider for enrollment. See https://childcareta.acf.hhs.gov/licensing .
Job Corps Center and Indian Reservations - Special Child Care programs which are exempt from Kansas licensing regulations must meet the minimum standards required by the sponsoring agency. Documentation of compliance with the minimum standards of the sponsoring agency and KDHE licensing requirements will be required to approve the provider for enrollment. A Memorandum of Agreement must be established with DCF to enroll as a subsidy provider.
10030 Provider Enrollment and Monitoring -
10031 Licensed and Unregulated Legally Exempt Providers - Certain regulated and unregulated legally exempt child care providers may be enrolled by DCF to receive payment for services provided for DCF eligible children. Provider enrollment must be approved before a child care plan can be authorized. See 7600 and 10100 .
The Agreement for Purchase of DCF Child Care, is an official agreement between the child care provider and the State to document a relationship has been formed. (Refer to Appendix .) The effective date and end date of the provider enrollment shall be indicated on the Agreement.
All licensed providers requesting enrollment must have a current permanent license. Providers with Temporary Permits are not eligible for enrollment. For initial enrollment, providers must not be under any enforcement action through KDHE. (Refer to 10100 .)
The effective date of the provider enrollment will be based on the date of request as long as all other provider approval criteria are met. The date of request may be the date a child care subsidy application is received requesting the provider, date of verbal request for work program participants, or the date the agency receives provider enrollment paperwork requesting to do business with the agency. It is recommended that effective dates of enrollment not be backdated more than 30 days from the date the provider enrollment paperwork is submitted.
The provider enrollment may be terminated by Regional staff when a change in status occurs. Change in status may affect the license or financial status, and/or may include a name change, address change, Federal Employer Identification Number change, social security number change, change from one to another regulated category (licensed, group home or center). When a change in status occurs that does not effect the provider's eligibility to do business with the agency (i.e., - name change on license but no lapse in licensure), circumstances should be documented and efforts should be made to update paperwork without a lapse in service.
If a child care provider has facilities at multiple locations in the state, enrollment for all sites is completed in the county where the main office is located. The system may be accessed to verify provider enrollment. See 10032 and 10033 for enrollment requirements.
Background checks will be completed on all providers at application and review.
If the provider changes rates, a Rate Modification form needs to be completed. A new enrollment form can be accepted in lieu of the Rate Modification Form. The Provider will also need to submit an updated Parent Provider Agreement for review.
NOTE: DCF can make payment to federal Head Start programs if they provide an extended child care program and are licensed by KDHE or the state they operate in. (See 10021.1 (8).) Due to the unique nature of some federal Head Start programs, coordination will be necessary between the local DCF service center and the Head Start agency to complete enrollment in the DCF Child Care Subsidy Program.
10032 Requirements to Approve KDHE Licensed Providers - The following chart explains documentation required for initial approval of licensed providers.
An on-site visit to licensed facilities will be completed by local county health department/KDHE staff and EES staff are not required to duplicate this action. DCF may approve a licensed facility if KDHE has issued a full license.
Type of Licensed Facility Initial Approval Termination of Provider Child Care Center, Preschool, Before and After School Programs, and Summer Camp C-12 Current License verification *Rate Modification, if multiple sites under one Agreement A 30-day Notice of Termination is required when terminating with or without cause with the following exceptions: When an emergency suspension of a provider’s license has been ordered by KDHE. When a provider’s license is expired or revoked. In those instances, a provider’s agreement shall be terminated immediately. When child abuse and/or neglect by a provider (or anyone living in the provider’s home where care is provided) has been substantiated. Licensed Family Home or Family Child Care Home C-12 Current License verification
NOTE: ALL Licensed Facilities must complete a Renewal Process every 3 years.
10033 Requirements to Approve Unregulated Legally Exempt Providers - (Refer to 10022 .) The following chart explains documentation required for initial approval and annual renewal of legally exempt providers.
Type of Unregulated Legally Exempt Facility Initial Approval Annual Renewal Termination of Provider Out-of-Home Relative C-15 Yes A 30 day Notice of Termination is required when terminating with or without cause with the following exceptions: When an emergency suspension or a provider’s license has been ordered by licensing state. When a provider’s license is expired or revoked. When child abuse and/or neglect by a provider (or anyone living in the provider’s home where care is provided) has been substantiated. In those instances, a provider’s agreement shall be terminated immediately. In-Home Relative C-14 Yes Child Care on Military Base C-13 Minimum Standards set by Sponsoring Agency Yes Out-of-State Providers C-13 License Verification for State of Residence Yes Job Corps CC Center Reservation CCC C-13 Minimum Standards set by Sponsoring Agency Yes
10034 Provider Responsibilities -
Obtain appropriate forms from the local DCF office. Provider may be instructed to return the completed forms by mail. NOTE: All providers except relative providers are required to develop contracts regarding their payment policies and charges, and to use them with the families they serve. Relative providers are strongly encouraged to develop and use such contracts. Copies of providers' basic contracts must be submitted with their enrollment documents for approval. Following approval of an agreement with DCF, if providers wish to make changes in their payment policies, they will need to submit their changes to DCF provider enrollment staff for approval of the changes. Providers should be referred to the local Child Care Resource and Referral Agency for assistance in developing a contract to be used with all families.
Provide DCF with information regarding legal status with KDHE or licensing entity if enforcement action is pending for applicable provider type.
Develop record keeping policies and documentation of attendance. Complete and maintain on file daily attendance record signed by DCF eligible families. Maintain attendance records for a period of three years.
Unregulated Legally Exempt providers must comply with DCF discipline policy. This policy does not allow spanking or hitting a child even if the parent-guardian-caretaker gives written or oral permission. (Refer to Appendix for Policy Statement on Discipline) Licensed providers must comply with discipline policies as referenced in KDHE regulation.
Maintain minimum health and safety requirements for provider type:
Out-of-Home and In-home relative providers are expected to complete and maintain Health and Safety Standards Checklist included in the C-10 . All Unregulated Legally Exempt Facilities are expected to maintain a facility that meets or exceeds minimum standards required for the provider type. KDHE Licensed providers must maintain a facility that meets or exceeds minimum licensing and registration regulations.
Submit a Rate Modification Request when any change occurs in the rate charged if providing care to the private sector.
Notify eligibility staff when any of the following occur:
A child transfers or no longer attends and no notice was received from DCF. Change in status with sponsoring agency regarding health and safety standards. Change in operation (e.g., name change, address, telephone numbers, ownership, household members/staff, hourly rates charged to the private sector, or specialized services available for a child with disabilities). If a license is terminated, closed or revoked.
Agree to prohibit smoking in the home during hours children are in care.
Provide parents of children in care with tax ID number or social security number.
Respond to renewal requirements.
Maintain confidentiality of any information received regarding client child care subsidy cases.
Have a policy in place that allows a 60-day grace period for families who are experiencing homelessness or for child(ren) who are in a foster care to get required documentation and immunizations for enrollment. Families will not be turned away from enrolling because such documentation is not readily available due to their current situation. Licensed child care providers will not be found in noncompliance during the 60-day grace period.
Agree to comply with all applicable State and Federal laws, statutes and regulations, such as, but not limited to, provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et. seq.) (ADA).
NOTE: All child care providers are mandated reporters. If the mandated reporter has reason to suspect that a person has been harmed as a result of physical, mental or emotional abuse, neglect, or sexual abuse, the person shall report the matter promptly to the Kansas Department for Children and Families and/or law enforcement when the Kansas Department for Children and Families is not open for business. K.S.A. 38-2223
10035 DCF Staff Responsibilities Related to Providers - The following action steps are responsibilities of EES staff to assure that a licensed, unregulated legally exempt, out-of-home relative, or in-home relative provider who desires to provide child care for eligible children understands their role and responsibilities as they relate to receiving payment for child care services provided to eligible children:
Provide appropriate application forms, technical assistance and consultation to any licensed or, unregulated legally exempt, out-of-home relative, or in-home relative provider interested in providing care for eligible children. NOTE: DCF cannot enroll a person or persons living in the household where care will be provided with someone who is listed as a prohibited person in the Child Abuse/Neglect Central Registry or the Adult Abuse, Neglect or Exploitation Registry and/or listed in Kansas Adult Supervised Population Electronic Repository ( KASPER ) as being convicted of a felony.
Check local office records for information concerning any history of complaints against the provider or any regulatory actions pending with KDHE.
On-site visits to child care providers are a Regional option for initial and renewal purposes to explain DCF payment policies and procedures. On site visits are also encouraged in response to non-compliance with DCF policies and procedures. In those situations, DCF staff will contact the provider in some way.
Make an on-site visit to any enrolled provider when: Requested by the provider, local Health Department/Child Care Licensing Surveyor or the parent; In response to a child abuse and/or neglect report when requested by the DCF Social Services staff responsible for investigations;
Enter provider information into provider management system(s) as necessary.
Review provider enrollment and payment agreements submitted by licensed providers, unregulated providers, out-of-home relative providers and in-home relative providers prior to approval for enrollment and at review.
Verify that the provider has a current license if applicable. Verification may include but is not limited to a copy of license, information provided on monthly reports, phone call to health department.
Take appropriate action to deny or terminate provider enrollments. (Refer to 10037.1 , 10100 .)
Maintain confidentiality of any documentation received from clients regarding income. Inform providers of their responsibility to maintain confidentiality of any information they may receive regarding client child care subsidy cases. (Refer to 1220 .)
Request a financial audit when Regional or EES Administration staff have reason to question the accuracy of monthly payments made with benefits.
For In-Home Relative care situations, staff shall inform clients that they are responsible for all tax issues. Clients must provide verification of a Federal Employer Identification Number (EIN). Verification of the EIN must be kept in the client’s file.
10035.1 Maintaining Provider Files - Each DCF Region shall maintain a permanent file for each provider who has applied for enrollment to receive payment from DCF through the child care subsidy program. EES Administration does not receive hard copies of any forms. Originals are kept by the Region with a copy to the provider. This file must be separate from the client's eligibility file.
10036 Additional Enrollment and Monitoring Procedures for In-Home Relative Child Care Providers - The client will receive subsidy based on either a full-time or part-time block of hours, depending on the actual hours of care, less any family share. DCF authorizes a flat rate for in-home relative child care regardless of county of residence. This rate is $2.42/hour for the state. The client, upon receipt of benefits from DCF, is responsible to pay the in-home relative child care provider. The responsibilities of the client and the in-home relative provider are divided and require coordination.
10036.1 Client Responsibilities When Using an In-Home Relative Provider -
Contact the IRS regarding tax reporting issues. Keep any necessary records, including attendance logs, in accordance with IRS policy. Obtain a Federal Employer Identification Number (FEIN) and provide verification to the DCF contact.
Discuss the Policy Statement on Discipline ( C-19 ) with the in-home relative provider and set limits for children and provider.
Pay provider for child care services received.
Notify DCF of any changes which may affect eligibility or the child care plan in residence including moving into or from an institution or hospital, changes to the family’s gross monthly income that would cause the total amount to exceed 85% of the state median income for a family of its size, and changes in the choice of child care provider and/or hours of child care needed/used (other than hours needed for school age children for times that school is not in session. This includes when child care is no longer being used or has not been used for an entire calendar month for any or all children receiving assistance.
10036.2 In-Home Relative Provider Responsibilities -
Discuss parent's payment policies (hourly rate, frequency of payment, etc.) with parent.
Complete and sign Health and Safety Standards – Home Checklist with the parent.
Providers must give families receipts for all payments. The receipt must separate the amount that is paid using EBT subsidy benefits and the amount that is paid from private funds.
Notify DCF when the children are no longer enrolled.
Complete and maintain attendance records signed at least weekly by an adult household member or other person authorized to pick up or drop off the child. Providers must retain records to insure correct payment for services provided.
10037 Violations of Provider Agreement - When EES staff believes a violation has occurred with the provider agreement, the determination may be made that the provider/facility is not in compliance with the Agreement to Provide Child Care for DCF Eligible Families and:
Corrective action should be taken, or
Corrective action is not appropriate and the agreement should be terminated.
Note: Provider Corrective Action Plan: The staff person doing provider enrollment in consultation with the supervisor should develop the recommended corrective action plan when there have been agreement violations . On or before the indicated date of compliance, the staff person should review the documentation submitted to determine compliance. The provider enrollment staff person has the option to prevent any new child care plan authorization until the violation is corrected. This may be done by temporarily changing the provider status to pending.
10037.1 Actions Which Warrant Termination or Denial of Provider Enrollment - " See Policy Memo #01-03-03 re: "Child Care Provider Agreement Denial or Termination" .
In addition to KDHE actions that could result in the termination or denial of an Agreement to Provide Child Care for DCF Eligible Families, the following conditions may also warrant such action: Confirmation of child and/or adult abuse and/or neglect; Repeat KDHE violations, or failure to maintain licensing requirements; Services do not meet the developmental needs of the DCF eligible children in care; Failure to agree to and/or abide by discipline policy; Failure to agree to and/or abide by conditions of the Agreement to provide Child Care for DCF Eligible Families which includes payment policies and responsibilities. This may also be applied to In-Home Relative situations. (See 10036 .); Failure to maintain accurate attendance and financial records; Provider denies DCF staff or health department access to the child care facility or records; A Relative Home Provider fails to maintain health and safety checklist standards; Failure to complete a corrective action plan; Deliberate falsification of information; or DCF chooses not to enter into or continue enrollment of a provider. A 30-day written notice must be given to the provider when terminating the enrollment per Section 9 of the Agreement for Purchase of DCF Child Care. Refer to Section 9 of the Agreement DCF to Provide Child Care for DCF Eligible Families. Provider requests or accepts from any parent(s) their Kansas Benefits Card(s) or PIN number(s), or otherwise misuses the EBT system or funds. Providers will first be given a written warning, and if the practice continues, the provider’s agreement with DCF will be terminated.
Termination of an Agreement to Provide Child Care for DCF Eligible Families requires a 30-day written notice to the provider with the following exceptions: When an emergency suspension of a child care provider’s license has been issued by KDHE. When a child care provider’s license is expired or revoked. When child abuse and/or neglect by a child care provider (or anyone living in the provider’s home where care is provided) has been substantiated by DCF PPS social worker/supervisor. In these instances, the provider’s agreement can be terminated immediately.
Providers have the right to appeal an DCF decision which adversely affects them.
10040 Role of EES Administration Staff and Responsibilities for the Administration of the Child Care Program
Collect and analyze statewide provider private sector rates every three years for determination of maximum DCF rates.
Collect statistical data related to the needs of children, providers, families, and staff.
Coordinate services with other State Agency staff, private and non-profit organizations, Head Start, Public Schools, employers, and local, city, county and federal entities.
Respond to DCF Regional staff questions, problems or issues.
10050 Role of Local Health Department
Provide copies of all regulations, licensing laws, application and reporting forms needed by an applicant or licensee.
Receive and process applications.
Conduct on-site visit(s) to licensed homes as required by KDHE to determine compliance with licensing laws and regulations.NOTE: When a local child care facility surveyor is not available, the on-site visits are made by Central Office KDHE Program Administrators.
Consultation or an on-site visit with the DCF staff may be requested when deemed appropriate as a result of a complaint or special needs of an observed child or provider.
Investigate all complaints received related to noncompliance with regulations.
Refer providers interested in providing child care for eligible children and parents interested in obtaining a child care subsidy to the local DCF office.
Request EES staff to participate in orientation sessions for providers, if held, for the purpose of providing information to new applicants on requirements for enrollment for payment through the child care subsidy program.
Provide consultation and information as requested when DCF is involved in an investigation of a child care facility or is developing and/or monitoring provider enrollment of a facility.
Approve or disapprove requests for exceptions.
10060 Role of Kansas State Department of Health and Environment (KDHE) in Administration of the Child Care Program
Provide copies of the Licensing Law and Regulations to interested persons, applicants, providers, licensing surveyors, local DCF staff and EES Administration DCF Child Care Program staff for distribution as requested.
Review, process and issue a license to approved applicants.
Forward copies of information and correspondence relevant to the status of the provider's application or current license to local DCF staff with a copy to the EES Administration Child Care and Early Childhood Development Unit. This includes any notice of enforcement action by KDHE. There is an electronic link on system between KDHE and the DCF system. When developing a child care plan, this information is available for DCF staff to evaluate. See 10100 for further information regarding KDHE approval procedures and enforcement actions.
Request consultation from EES Administration DCF Child Care Program staff as needed.
Review and approve all provider and children's health assessments, staff training records, center program director's credentials and center plans for construction and/or remodeling.
Obtain KBI criminal records and central registry checks on applicants and all employees or any individual over the age of 10 residing, substituting, working or volunteering in a child care home or facility.
Initiate legal action to terminate a provider's license as a result of validated abuse and/or neglect, noncompliance with regulations or Kansas Licensing Law.
Approve or disapprove requests for exceptions.
10100 KDHE Approval Procedures And Enforcement Actions - " See Policy Memo #01-03-03 re: "Child Care Provider Agreement Denial or Termination ".
This section lists actions taken by KDHE when licensing a provider, and denying, revoking, suspending or terminating a license. This section is informational for DCF staff to assist in understanding child care regulatory processes and in understanding certain documents forwarded by KDHE.
10110 KBI and Child Abuse Registry Check
All licensed providers must submit to KDHE a Request for KBI and Child Abuse Registry Check (KDHE-ACCF, CCL-002) with their application and at the time any individual over ten years of age begins residing, substituting, working or volunteering in the facility. KDHE forwards a copy of the form to the KBI and to the DCF Central Registry for a Child Abuse and Neglect Registry Check on those individuals.
The Central Registry informs KDHE when the name of a person has been validated as a perpetrator of child abuse, neglect or sexual abuse, and is prohibited from working, residing or volunteering in a child care home or facility. The provider or center is not in compliance with K.S.A. 65-516 (a)(1)(3) if the person continues to work, reside or volunteer in the child care home or center.
10111 On-Site Licensing Visit - The purpose of the licensing visit by the local health department/child care licensing surveyor is to inform the provider of the requirements and to evaluate compliance. Additional visits may be made by the local health department or KDHE to verify that needed corrections have been made within designated time frames, or to follow up on complaints on all types of licensed facilities. Failure to comply with regulations will result in termination of the provider enrollment agreement with the child care subsidy program.
10112 Exceptions and Amendments
In exception to a regulation may be granted by KDHE if it is documented that granting the exception is in the best interest of children and their families and if the exception does not compromise the health and safety of children.
An amendment to a license may be issued by KDHE, if there is a change in name, capacity, age range, number of units or change in program or services.
The letter of approval for amendment or exception must be posted by the license at the facility.
No change in licensing status is to be made before approval is obtained from KDHE.
10113 Closure - Closure of facilities may be voluntary or enforced because of non-compliance with KDHE regulations.
10114 Voluntary Closure
Withdrawal of Application - At any point in the regulatory process the applicant or licensee may withdraw the request for a license and this request must be accepted. The withdrawal of the application revokes the right of the licensing agency to investi gate, and the case is closed by KDHE. The DCF provider enrollme nt agreement will be terminated.
Relocation of Facility - When an applicant or licensee moves to a new location the application license is no longer valid. A new application with the new address (not application renewal) must be submitted. Initial procedures for licensing are followed. The current DCF provider enrollment agreement will be terminated at the previous location and new provider enrollment forms shall be completed by the provider for the new lo cation.
Change From One Category of Care to Another - When an applicant or licensee changes categories of care, the previous file is closed at the time the new temporary permit is issued. If the application is for a child care center license, the number of children may not increase to the center or preschool level until all applicable requirements are met and the license is issued. The previous category of license is closed when the new license is issued. New DCF provider enrollment forms shall be completed by the applicant.
10115 Denial or Revocation - An applicant may have a request for license denied or the license revoked because of non-compliance with applicable statutes. The following information documents the procedure followed for each process.
10116 Closure Resulting From Enforcement Action - When an applicant or licensee refuses to grant the local health department or KDHE access to the facility, fails to maintain compliance with the applicable statutes and regulations, or has a prohibited person living, working or volunteering in the facility, an enforcement proceeding is initiated by KDHE as follows:
Notice of Non-Compliance - This document is not reviewed by KDHE legal staff nor signed by the Secretary of KDHE. It is issued by the Bureau Director pursuant to K.S.A. 65-513 which requires KDHE to advise licensees of violations and give them five days to make corrections. If immediate compliance is not feasible, and children are not at risk, a plan for correcting the violations will be accepted by KDHE. The DCF provider enrollment may continue until further action from KDHE.
Notice of Intent to Deny the Application - It is a legal notice to the applicant that KDHE intends to deny the application. It is issued by the Secretary of the Department of Health and Environment following review by KDHE legal staff.
The applicant has the right to request an administrative hearing within 20 days of receiving the notice. Failure to submit a timely request results in a waiver of the applicant's right to a hearing and KDHE may issue a Notice of Intent to Deny on an initial application or renewal application of a license. When the Notice of Intent to Deny is issued on the initial application, DCF will not approve the provider. If it is issued on a renewal application, a 30-day notice of termination may be sent to the provider by DCF.
10117 Notice of Intent to Revoke the License - It is a legal notice to the licensee that the agency intends to revoke the license. It is issued by the Secretary of KDHE after review by KDHE legal staff. The licensee has the right to request an administrative hearing within 20 days of the receipt of notice. Failure to submit a timely request results in a waiver of the licensee's right to a hearing and the Notice of Intent becomes a Final Order revoking the license. A Notice of Intent to Deny or a Notice of Intent to Revoke may be issued:
When the provider does not respond to a Notice of Noncompliance;
When violations listed on the Notice of Noncompliance are not corrected at the time the child care facility surveyor checks;
When DCF validates abuse or neglect by a person who continues to reside, work or volunteer in the facility;
When a person prohibited by K.S.A. 65-516 continues to reside, work, or volunteer in the facility.
NOTE: If a decision is made by DCF to send a Notice of Termination to the provider, a 30-day notice is required. If the Notice of Intent does not become a Final Order, DCF may have the provider complete a new provider enrollment form after he or she is in compliance with KDHE.
10118 Final Order of the Secretary of Department of Health and Environment - The Secretary of KDHE may review the decision of the Presiding Hearing Officer if requested to do so by the provider. If upon review, the Secretary adopts the Hearing Officer's decision to deny or revoke, a Final Order of Denial or of Revocation is sent to the provider and gives the final date for the operation of the facility unless the provider obtains a Stay of the Final Order from KDHE.
The provider, who receives a Final Order of the Denial of an Application Renewal, may continue to operate for 30 days after the Order to give time to appeal the decision to the District Court without obtaining a Stay from KDHE. If the Hearing Officer does not recommend denial or revocation or if the Secretary does not adopt the Hearing Officer's decision to revoke or deny, the provider will be notified and may continue to operate.
10119 Appeals to the District Court - After the Final Order is received by the provider, he or she has thirty (30) days to appeal the decision to the District Court. Witnesses usually will not be expected to testify at the District Court level. The attorneys prepare briefs to be presented to the District Court judge.
10120 Suspensions - K.S.A. 65-523 and K.S.A. 65-524 grant KDHE the right to suspend licenses and temporary permits when regulations are not met or when children in care are at risk.
Notices of Intent to Suspend - Pursuant to K.S.A. 65-523, notices are issued when licensees do not correct violations which could be quickly corrected. Licensees are advised that if the violations are corrected prior to the time the administrative hearing is to be requested, the Notice of Intent to Suspend will be dismissed. Before dismissal, the child care facility surveyor will be requested to check that corrections have been made. A 30-day Notice of Termination of the DCF provider enrollment may be sent by DCF to the provider informing him or her that the Agreement for Purchase of DCF Child Care will end if the violations for KDHE are not corrected within 30 days.
Emergency Adjudicative Suspensions - Pursuant to K.S.A. 65-524, Emergency Adjudicative Suspensions are used primarily when known child abusers or sex offenders remain in the home or when environmental conditions are such that they represent a substantial risk to the children. The child care facility surveyor will be requested to make an immediate check of the facilities whose licenses have been suspended to assure the department that children are not in care.
When this occurs, DCF may terminate the DCF provider enrollment effective on the same date that KDHE determines the emergency suspension is effective. See 7640 and 10260 regarding child care plan termination.
10130 Notices of Intent to Assess a Civil Fine - Notices of Civil Fines may be issued as a result of legislative action in 1988. In 1999 regulations were changed to indicate that facilities may be assessed a civil fine for each violation not to exceed $500 per violation for licensing violations which adversely or significantly affect children. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation. Payment of the fine and correction of the violation would allow the facility to remain in operation. Child care facility surveyors may be requested to monitor the facility periodically after payment of the fine to verify that corrections have been made. The DCF provider enrollment may continue until further action from KDHE.
10200 Child Care Benefits
DCF shall provide benefits for child care services from providers when clients have been determined eligible, the provider has been approved for payment, and a child care plan has been established for each child for each provider. Benefits for child care services may be issued to parents for payment to providers who are licensed or legally exempt per KDHE standards and who are enrolled by DCF after completing all necessary paperwork. See 10030 .
Providers are required to complete contracts with FIS ebtEDGE and be able to have their payments be electronically deposited.
DCF provides child care benefits to eligible clients on the first day of each month. Clients use these benefits to purchase child care services from authorized child care providers throughout the month. Payment amount and frequency is decided between the client and provider. The child care benefits can only be used to purchase child care services from enrolled providers.
10210 Child Care Adjustments - See Appendix V-1 , Electric Benefit Transfer System Guide.
10220 Reserved
10230 Reserved
10240 DCF Rates - DCF child care benefit rates are determined periodically based on a market analysis performed using data gathered from Child Care Aware of Kansas and a narrow cost analysis that analyzed the cost of providing child care services that meet basic health/safety/quality and staffing requirements. A DCF Maximum Hourly Benefit Rate Schedule is available. The DCF rates are used to determine client benefit levels. If providers charge less than the DCF rate, they may choose to charge families receiving DCF child care benefits up to the DCF rate. If providers charge more than the DCF rate to the private sector, they may choose to also charge parents receiving DCF child care subsidy assistance the same rate. Provider rates are assigned according to the provider's county of residence in Kansas. The rate a provider is charging a family must be in the parent/provider signed contract. For In-Home Relative rates, see 10270 . In the case of an out-of-state provider participating in the Kansas program, the DCF rate used may not be more than the rate of the county in the Region signing the Agreement for Purchase of DCF Child Care that is nearest to the provider. See Appendix Item # C-18 , Maximum Hourly Child Care Benefit Rate Schedule.
An enhanced benefit rate may be available to purchase care for a child with a physical, mental health or emotional disability if that child requires care above and beyond typical care for a child of that age. A Request for Enhanced Rate for Special Care form (ES-1627a) is required to authorize this rate.
Approval for the enhanced benefit rate is made by DCF regional child care provider enrollment staff and is based on a Request for Enhanced Rate for Special Care form ES-1627a and documentation of the recommendations of a social worker or authorized professional. A copy of the request and the documentation are attached to the child care plan in the case file.
See 10260 (6) for further information on the enhanced rate for special care.
Providers are required to develop contracts regarding payment policies and charges to parents. The local Child Care Resource and Referral Agency can assist in developing a contract to be used with all parents. At the time of application, staff should encourage clients to ask questions about extra fees for services when choosing a provider and prior to signing a contract.
10250 Provider Rate Modification - Modified provider rates are effective the month following the month the change is made known to the agency.
A Rate Modification Request should be completed by the provider and modifications shall be made to the provider rates in the KEES system when provider indicates rates charged to the private sector have changed. Providers are required to submit a new parent/provider contract indicating the rate change to DCF Provider Enrollment staff before the rates can be updated in the system.
Rate changes may also apply when a provider changes their provider type categories. Example - Provider changes from a Licensed Home to a Child Care Center.
Rate changes may also occur when approval is made for a child/provider to receive an Enhanced Rate for Special Care.
10260 Special Types of Payments
Substitute Care - Providers should be encouraged to find a substitute provider to come into their facility for temporary care per KDHE regulations. When a client needs a substitute provider outside the facility, the client should choose a second DCF approved provider and notify EES staff in advance, if possible, or within 10 days of the substitution. Child care plans shall not be modified for substitute care as clients will be able to pay the substitute provider with EBT benefits.
Enrollment Fees - DCF can subsidize clients up to $50 per child per case towards an enrollment fee for an approved provider if the provider charges an enrollment fee to the private sector. If the provider charges the private sector more than the maximum benefit and will not accept the maximum DCF payment benefit as full payment, the client will be responsible to pay the difference. DCF will subsidize no more than the maximum in a 12-month period. If client chooses to change providers within a 12-month period, the client will be responsible to pay the additional enrollment fee, if necessary. The 12-month period begins with the month for which a benefit for enrollment fees is authorized and may be different for each child on a child care case. The 12-month period does not follow the child if they move to a different child care household, and a new enrollment fee could be authorized on the new case. A membership fee to an organization which entitles the member to other benefits in addition to child care shall not be considered an enrollment fee. Clients should request this type of payment from DCF.
Transportation Fees - Transportation fees for child care shall not be subsidized by DCF. If the provider charges the private sector for transportation, DCF clients may also be charged.
Enhanced Rate for Special Care - Parents of children with a physical, emotional, or mental disability may request an enhanced benefit rate for child care services. Approval from regional child care provider enrollment staff is necessary to authorize the enhanced rate. Enhanced rates are available to children in all subtypes of child care and should be based upon the individual needs of the child (the child's condition may not require additional accommodation or an enhanced child care rate). The parent's eligibility for a specific child care subtype should determine which subtype is used. Examples may include:
A child with multiple casts or a body cast who cannot participate in regular activities; or A child who requires injections for a specific diagnosis or condition; or This rate is available for children who have been identified by a physician, therapist, social worker, early childhood or special education specialist, or public health nurse as having one or more disabilities such as: A developmental delay; A mild, moderate, or severe handicap; A visual, language, or hearing impairment; or A history of social/emotional problems resulting in expulsion from multiple care situations.
Documentation of the child's disability must be provided by a party other than the care provider. Additional information must be provided by the care provider indicating the type of enhanced child care being provided to the child and what type of education or training the provider possesses in order to provide the care.
The need for a new Request for Enhanced Rate for Special Care form 1627a at review will depend on information listed on the current 1627a regarding the duration of the child’s condition that requires enhanced care from the child care provider. The caseworker will need to check the 1627a at review and at times in which the Guaranteed Eligibility Period is extended, and if the 1627a and supporting documentation indicates that the condition is permanent, it will not be necessary to repeat the form and documentation, unless there is a change in providers.
Short-term conditions requiring an Enhanced Rate should be time limited and reviewed within 90 days. NOTE: See KEES user manual for the Child Care Enhanced Rate for Special Care Process.
Differential Payments - Direct payments, as determined by the agency, may be made to child care providers. These payments are tied to specific children, focusing on high need areas and vulnerable populations. Payments are issued monthly, directly to child care providers in the month following the month service is provided. It is possible that not all subsidy eligible children served by a provider will meet the specific criteria determined by the agency to qualify for these payments. Providers will receive a notice telling them which children they are receiving payment for, and how much is attributed to each child. These payments may not be requested by either a family receiving child care assistance or a child care provider, and are based on information available in the KEES eligibility system. Payments are not in any way guaranteed, and may be discontinued at any time at the discretion of the agency, based on selected criteria or on available funding.
10270 Payments for In-Home Relative Child Care - DCF pays a standard rate for in-home child care regardless of county of residence. This rate is $2.42/hour for the State. The provider shall not be a member of the child care case or physical household.
10300 CONCERNS RELATED TO A CHILD CARE PROVIDER OR FACILITY
10310 Investigations Of Reports Related to a Child Care Provider or Facility - "See Policy Memo # 01-03-03 re: "Child Care Provider Agreement Denial or Termination".
PPS staff have the responsibility of investigating any abuse/neglect allegations. Refer to Prevention and Protection Services Policy and Procedure manual concerning reports of suspected child abuse in child care facilities and/or homes.
10320 Critical Incident Notification Procedure - When staff become aware of a child care critical incident (non-abuse neglect) involving a child care provider or facility, the following procedure will be used:
The Regional Director (or designee) notifies the EES Director (or designee), coordinates the gathering of specific information and summary of the case and provides to the DCF Critical Incident Team , using the “Critical Incidents” email address from Outlook’s global address book, as soon as possible, and no later than the next business day. Information sent to the DCF Critical Incident Team shall include:
Type of incident (significant event, potential or current media involvement or legislative concern).
Status of child(ren) in care and alternate care arrangements. List steps taken to assist parents.
Provider status with KDHE – emergency suspension issued or legal action initiated.
DCF provider agreement – does DCF have a current agreement? If so, number and age of children being served. Does DCF plan to terminate the agreement?
Status of law enforcement involvement, as applicable.
Follow up action if needed.
Once information has been received regarding the critical incident, a review will be completed via teleconference or in person. The call is coordinated by the Regional Director or the Regional Director’s designee. The Regional Director or designee, EES Director or their designee shall participate and members of the DCF Critical Incident Team may also participate. As necessary the case file may be reviewed by the EES Director or designee.
Updates on critical incidents will be communicated to the Secretary; ISD Deputy Secretary; Special Assistant; EES Director; Legal; and Director of Communications as needed or requested.
11000 - Incorrect Benefits And Fraud Determinations
11100 Incorrect Benefits- Prevention of incorrect benefits is the responsibility of every DCF staff member, client, and child care provider. Incorrect benefits include both underpayments and overpayments for clients and child care providers. Incorrect benefits also include underpayments and overpayments of Education or Job Skills Training activity cost payments or support services payments.
NOTE: Work Programs support service payments are not considered overpayments when the agency is unable to act on available information due solely to monthly system processing deadlines or timely notice requirements. Work Program payments are unconditional and unrestricted and are not considered overpayments if used by the client for purposes other than those intended.
11110 Underpayments - An underpayment is the amount of assistance that a client did not receive but was entitled to. For cash programs, corrective cash payments shall not be considered income or a cash asset in the month paid or in the following month. (See 6410 .) benefits shall be restored even if the case is currently closed.
Staff shall, at a minimum, document how the underpayment was calculated and the reason benefits must be restored. There are two types of underpayments; supplemental benefits and restored benefits. Supplemental benefits are underpayments which are established for the current calendar month or one month prior to the current calendar month. Restored benefits are underpayments which are established for benefit months two or more months prior to the current calendar month. Only restored benefits can be used to offset an outstanding claim. (See KEES User Manual.)
11111 Situations Requiring Restoration of Benefits or Supplemental Benefits - Underpayments shall be corrected promptly using the program policies in effect for the month(s) in which the underpayment of benefits was made.
The following are the various situations in which a household may be entitled to restoration of benefits:
benefits are lost due to Agency error;
Agency failed to give the household sufficient time to verify a deduction and, as a result, its benefits were lowered [see 1322.3 (3)];
Agency fails to take action within time frames on reported changes that increase the household's benefits (see 9121 or 9122 );
Fair hearing decision in favor of the household;
Administrative Disqualification Hearing decision reversed by court (see 11290 );
Lost benefits ordered as a result of a class action or other suits (Example: USDA court orders);
Categorically eligible persons approved for retroactive SSI who are entitled to the medical deduction and uncapped shelter deduction per 2511. (Food Assistance Only.)
In the following situation a recipient may be entitled to supplemental benefits:
Change reported and verified timely but future month benefit is already authorized due to the automatic system update. This benefit can include the Work Incentive payment when loss of employment causes eligibility for TANF benefits.
11112 Situations Not Requiring Restoration of Benefits - The following situations are handled as reported changes and the household is not entitled to restoration of benefits or supplemental benefits:
Verification of eligible non-citizen status provided and member added (see 2143.3 );
Verification of deductible expenses provided (if sufficient time given household) and net income is lowered (see 1322.3 (3)). (Food Assistance Only.)
Reported changes related to the medical and excess shelter requirements for the elderly and disabled receiving SSI or SSA unless the agency does not respond to the reported changes in a timely manner. (Food Assistance Only.)
The household failed to report a change which would have resulted in an increase in benefits had the change been timely reported. Refer to 9121 or 9122 .
Underpayments are not to be issued for the month in which a change is reported.
The household failed to timely provide necessary information. See 9121.1 , 9122.6 , or 9122.7 .
11113 Time Frames and Limits - Once it has been determined that an underpayment is due a household, these benefits shall be calculated and issued (unless offsetting of the full amount will occur) to the household as soon as possible but no later than 20 calendar days after the worker becomes aware that an underpayment is due.
NOTE: Time Limit Applicable to Food Assistance Program Only - Unless there is a statement elsewhere in this manual that a household is entitled to lost benefits for a longer period, benefits shall be restored for not more than 12 months prior to whichever of the following occurred first:
The date the agency receives a request for restoration from a household; or
The date the agency is notified or otherwise discovers that a loss to a household has occurred.
11114 Erroneous Termination - If a household' s benefits were erroneously terminated , the month the loss initially occurred shall be the first month benefits were not received as a result of the erroneous termination action. 11126.1 (3)
11115 Offsetting Against Claims - Restored benefits due a household which are discovered during a review period, or benefits due from a previous review period shall be offset against an outstanding claim (see 11126.1 (3) ).
Restored benefits are defined as underpayments which are established for benefit months 2 or more months prior to the current calendar month.
At the point in time a household is approved or reviewed on a timely basis and receives an initial allotment, the initial allotment shall not be used to offset a claim, even if the initial allotment is paid retroactive to the month of application.
The system automatically offsets if the claim is active and established with a repayment plan. See 11126.1 (3)
11116 Issuing Underpayments - The following methods shall be used to restore benefits to households:
11116.1 Lump Sum - Regardless of whether a household is currently eligible, the worker shall restore benefits for a household by issuing an amount equal to the amount of benefits that were lost after any applicable offsetting has occurred. The amount restored shall be issued in addition to the benefit currently eligible households are entitled to receive.
11116.2 Monthly Installment Method - Reasonable requests by households or determination made by agency staff to restore benefits in monthly installments shall be honored if, for example, the amount to be restored is more than the household can use in a reasonable period of time and the benefits will get aged-off the EBT system before they can be used.
11116.3 Changes in Household Composition - Whenever benefits are due a household and the household's membership has changed, benefits shall be restored to the household containing a majority of the individuals who were household members at the time the loss occurred. If the worker cannot locate or determine the household which contains a majority of household members, benefits shall be restored to the household containing the head of the household at the time the loss occurred.
11116.4 Issuing Underpayments on a Closed Case - Cash, Food Assistance and Child Care underpayments can still be authorized on the system for a closed case and issued via the Kansas Benefits Card. An extra step will be needed to contact the client and make sure they still have their card and PIN, and if not, a new card must be issued for the client to access the benefits.
11120 Overpayments and Claims - An overpayment is assistance that is over the amount to which the client is entitled.
One or several months of overpayment become a claim when the cause of the overpayment(s) are due to the same or related causes. See 11121 . A claim shall be established against any household that has received more assistance than it is entitled to receive, except as outlined in 11122 .
For food assistance, all adult household members shall be jointly and separately liable for the amount of any overpayment of benefits to the household. For cash (including the Work Incentive payment), any or all of the adult members of an assistance family group in which an overpayment occurred are liable for the overpayment and recovery efforts can be established on any of these adult members. For non-refugee non-citizens, both the non-citizen's sponsor and the non-citizen are liable for any overpayment made to the non-citizen.
11121 Criteria For Establishing Types of Claims - Claims are classified according to the error cause as follows:
11121.1 Agency Error - Instances of agency error which may result in a claim include, but are not limited to, the following:
Prompt action was not taken on a change reported by the household;
The household's income or deductions were incorrectly computed or the household was otherwise assigned an incorrect allotment;
Benefits continued to be provided to a household after its review period had expired without benefit of a reapplication determination; or
Misapplication of policy.
11121.2 Client Error - Instances of client error which may result in a claim include, but are not limited to, the following:
Non-willful withholding of information from a one-time failure on the part of a client to report a change timely (see 9121 or 9122 ), which affects eligibility and/or the amount of assistance when: The worker has reason to believe that the client did not understand his responsibility; and There was no oral or written misstatement by the client, or
Willful withholding of information such as: Misstatement (oral or written) made by the client in response to oral or written questions from the agency; Failure by the client to report a change timely (see 9121 or 9122), which affects eligibility and/or amount of assistance; Failure by the client to report the receipt of a payment which he knows, or should know, represents an incorrect benefit;
11121.3 Fraud Error - A fraud error is a willful client error which has been found to be fraud in accordance with the provisions in 11200 . An individual shall be considered to have committed fraud for TANF (including the Work Incentive payment), Child Care, and Food Assistance:
When the individual has been legally determined to have committed fraud through a court of appropriate jurisdiction;
By the individual signing a disqualification consent agreement for cases in deferred adjudication;
When the individual has been established as having committed fraud through an Administrative Disqualification Hearing; or
By the individual signing a Waiver of Administrative Disqualification Hearing form.
Fraud error status is not established if a court's resolution to a willful error situation is to place the person on diversion unless the person has signed a disqualification consent agreement. Potential fraud claims are initially established as a recovery account with a status reason of ‘Pending Fraud Prosecution.’ Also see 11125 .
See 11220 for penalties applicable to fraud determinations.
NOTE: The proper classification of cash overpayments is critical for determining the correct amount of Food Assistance benefits when reduction is being made from a cash assistance payment for overpayment recovery. See 6410 .
11122 Instances Not Requiring a Claim - A claim shall not be established if an overpayment occurred as a result of the agency failing to insure that the household fulfilled the following procedural requirement :
Signed the application;
Other instances when a claim should not be established include:
Assistance granted in accordance with the treatment of income policies or the inability to act on available information due solely to issuance cutoff dates and/or timely notice requirements do not constitute an incorrect payment.
Eligibility errors related to citizenship or non-citizen status will not cause incorrect payments in the following situations: eligibility was based on verification of satisfactory immigration status by the Immigration and Naturalization Service (INS); eligibility was approved to meet timely processing guidelines, but no INS response to a request for verification of immigration status has been received; or eligibility was approved to meet timely processing guidelines, but the reasonable opportunity period allowed for non-citizen applicants to provide documentation of their non-citizen status had not expired. "Reasonable opportunity" shall be defined as 10 calendar days from the date of request.
Overpayments that occur as a result of the household not reporting a change in household circumstances that they were not required to report. See 9121 or 9122 .
Work Program payments are unconditional and unrestricted and are not considered overpayments if used by the client for purposes other than those intended.
11123 Time Frames and Limits for Establishing Claims - The date of discovery for purposes of tracking timely claims establishment (based on the following time frames) shall be the date the case is first identified as potentially having an overpayment either by the worker, quality control or by other means.
Time Frames For agency and client overpayments, the EES Unit is required to prepare the claim and initiate recovery or attempt to initiate recovery by the end of the calendar quarter following the calendar quarter in which the overpayment is first identified. For fraud overpayments, the Fraud Unit is required to prepare the claim and initiate a referral for the Administrative Disqualification Hearing by the end of the calendar quarter following the calendar quarter in which the overpayment is first identified.
Note: Failure to establish a claim within the time frames identified does not negate the responsibility of agency to establish or collect on the claim, or of the client to repay any benefits they received but were not entitled to.
Time Limits - (Food Assistance Program Only) - Claims shall be established for any overpayment which has occurred in the three years (36 months) prior to the month the overpayment was discovered. Claims may be established for any overpayment which occurred prior to the three years (36 months) provided the claim does not go back farther than 6 years (72 months) and the agency has sufficient information to document the claim. NOTE: Fraud overpayment claims for Food Assistance must be calculated back to the month the first act occurred, but no more than six years (72 months).
11124 Computing the Overpayment - In calculating the amount of an incorrect benefit, the agency shall determine the point at which the correct information should have been reported and acted upon timely allowing for timely notice as appropriate. From that point the correct benefit for subsequent months shall be determined comparing the amount with the actual benefit issued.
For overpayments occurring when the household was subject to monthly reporting and who failed to report a change, the first month of overpayment shall be the issuance month corresponding to the income month in which the change occurred.
For overpayments occurring when the household was subject to change or simplified reporting and prospective budgeting, the first month of overpayment shall be determined by allowing for the 10-day period to timely report changes and the 10-day period for Notice of Adverse Action.
EXAMPLE: If a notice of adverse action was required but was not sent, it should be assumed that the 10-day advance notice period would have expired without the household requesting a fair hearing. If a change was not reported, the claim shall be based on the first issuance that would have been affected had the household reported the change.
In situations of unreported income, the worker shall calculate the amount of overpayment using all nonexempt income the household actually received in the income month for the month of overpayment and considering expenses and deductions that were reported or were required to be reported and should have been allowed at the time the original benefit for the month was determined. The budgeting method used when the benefit was initially determined is to be applied when recalculating. For persons with prospectively budgeted or averaged income, the overpayment shall be determined using actual income received in the calendar month of the benefit. This includes using actual amounts for situations in which a conversion method (i.e., 4.3 times the weekly amount) would have been used in change reporting situations.
When determining an overpayment due to an agency error (such as a calculation error), the overpayment shall be calculated using all income, expenses, and deductions that should have been allowed at the time the original benefit was calculated. Actual income for the months in question does not have to be obtained from the client or employer in determining the amount of the overpayment.
In TANF the amount of retained current child support received in the month at issue, which is in excess of the correct benefit amount, must also be applied to reduce the overpayment. If the support is not retained by the agency or is less than the correct benefit amount, the overpayment collection is not affected by the support amount.
If the household received a larger benefit than it was entitled to receive, a claim shall be established against the household equal to the difference between the benefit the household received and the benefit the household should have received. See KEES user manual for more information on setting up overpayments on the system.
NOTE: Aged-off Benefits - When determining the benefit the household actually received, staff must initially include benefits that have been aged-off the ebtEDGE System due to non-use. (The household has one year to request restoration of the unused benefits. See the EBT System Guide in the Appendix.) If the unused benefits are cancelled (expunged) after one year, then the amount of the overpayment for the respective months will be modified based on the amount of expunged benefits for each month. See 11126.6 .
The following special provisions apply when computing an overpayment:
Failure to Report Earned Income Timely Food Assistance - If a household member fails to report earned income in a timely manner (per 9121 or 9122 ), the resulting overpayment shall be computed without allowing the 20 percent earned income deduction for those earnings that were not timely reported. Timely reported earnings would be allowed the 20 percent earned income deduction when calculating the overpayment. Cash Assistance - If a household member fails to report earned income in a timely manner (per 9121 ), the resulting overpayment shall be computed without allowing the 60% earned income deduction for those earnings that were not timely reported. Timely reported earnings would be allowed the 60 percent earned income deductions when calculating the overpayment.
Overpayments caused by Not Including a Person Who is Required to be Included in the Assistance Plan - The following provisions apply: Food Assistance - For overpayments involving the household's or the agency's failure to include an individual or individuals, the agency must first attempt to determine the amount of overpayment by determining what the household should have received, including the individual(s), their income, resources, and deductions had these factors of eligibility been correctly budgeted. If this information is not readily available, it must be requested from the household. If the household refuses to cooperate in providing the necessary information and eligibility for the months in question cannot be determined, the claim shall be computed by considering that the household was totally ineligible. All claims computed under this provision must contain adequate documentation to support the finding of total ineligibility. Cash Assistance - When a client fails to timely report a change, the agency may not learn of a person who is required to be included in the assistance plan until some time after the date the person should have been included. In these instances, the following provisions are applicable. If a father's entry into the home is not timely reported, he shall be treated as the father for the prior period as well as current and future months. However, if in accordance with the provisions in 2167, he is referred to CSS for a voluntary paternity acknowledgment and he cooperates but chooses not to sign necessary documents because he questions that paternity, he shall not be treated as the father to the child for the prior or current period. In this instance, a corrective benefit determination must be based on the assumption that he would not have been treated as the father had the change been reported timely. Eligibility for the entire assistance unit shall first be determined for the current and future months. The person to be added shall be budgeted prospectively for the first two months. (Applicable only to benefit months subject to monthly reporting.) If otherwise eligible and any necessary information is provided timely, the person's needs shall be added the month after the change was reported or discovered by the agency, whichever is earlier. If information is not provided timely, the person's needs shall be added the month after the month information is received. See 7401 or 9121 (4). Eligibility for the entire assistance unit shall then be re-determined for the prior months retroactive to the month the individual would have been required to be included in the plan had the change been reported timely. Since underpayments are not granted in situations where the change is not timely reported (see 11112 (4), the first month which can be affected would be a month in which an overpayment occurs and could occur no sooner than the first month following the month the change was required to be reported (e.g., via monthly report form) allowing for timely notice. The redetermination for the retroactive period must include all factors of eligibility except for nonfinancial procedural requirements such as applying for or providing an SSN and application for potential resources. However, non-procedural factors such as citizenship and non-citizenship requirements, participation in labor disputes, vehicle registration, and financial factors must be met in the retroactive period. If the addition of the person results in ineligibility due to excess resources, there is ineligibility for the entire family and the resulting overpayment must be determined and recovery attempted per 11120 . If adding the person does not result in ineligibility, a cash determination is required. The person's needs and income shall be included as appropriate and any resulting overpayment must be determined and recovery attempted per 11120 . However, the assistance unit will not be entitled to any resulting underpayment amount which is determined, nor can such underpayment be used to offset any overpayments.
Voluntary Assigned Support - An overpayment caused by voluntary assigned support which is received and retained by the client in violation of the assignment will be collected by EES staff by computing the amount of overpayment, establishing a claim and initiating recovery. This applies to the TANF case and the corresponding food assistance case. Also see 2164 and 6220(4)(c) . Court ordered assigned support which is retained in violation of the assignment will be collected by CSS .
11125 Establishing Claims and Repayment Agreements - Once the worker has determined the amount of overpayment, a recovery account shall be created on the system for the claim. The claim shall be designated as either a client, agency, or fraud claim. See KEES user manual for more information.
Collection action for client or agency claims with no restored benefits or supplemental payments due shall be initiated by sending the household a repayment agreement.
NOTE: Collection action should not be initiated on suspected fraud claims (either referred for prosecution or for an administrative disqualification hearing) until after the determination of fraud has been made. Refer to 11280 for initiating collection action on fraud claims.
After a claim determination has been made, the local office shall send a repayment agreement and proceed as follows:
Give the household 10 days to respond to the repayment agreement. The reason the claim occurred must be explained on the letter.
If the household responds with a payment on the claim, have the payment submitted according to established procedures.
If the household does not respond, or responds with a statement that it is unable to pay, promises to pay, or asks for a fair hearing, proceed as follows: If the household responds by saying it cannot repay, the worker shall refer the claim to the Central Collection Unit unless there is an active case. For a currently participating household, benefit reduction shall be invoked. See (b) that follows. If a currently participating household fails to respond to the written repayment agreement within 10 days of the date the notice is mailed, the agency shall invoke benefit reduction. If benefit reduction is invoked, only an adequate notice of action is required. Refer to 11126.1 (4) for calculating the amount of benefit reduction. For a currently participating household, benefit reduction shall begin with the first benefit issued after the household has elected benefit reduction, or failed to respond to the repayment agreement within the specified time. NOTE: See 11280 regarding initiating benefit reduction when an open case with an agreement to repay a fraud claim (with the court or the Fraud Unit) fails to make agreed upon payments. If there is ineligibility for continued assistance and the case is closed, the agency is still required to attempt recovery. At a minimum, the agency is required to initiate action to locate the former recipient and, if located, initiate some form of action to recover the overpayment. Such activities must be documented in the case record. To meet these requirements the agency must send a letter to the client at the last known address that advises the client to contact the Central Collection Unit to work out a repayment plan. If the letter is returned, the case record shall be documented as to why it was not delivered. No further action is required when the person cannot be located. However, should the client reapply or the agency later learns the whereabouts of the client, recovery efforts must be reinstituted. In addition, if any non-participating food assistance household does not respond to the repayment agreement sent by the local agency, the Central Collection Unit shall follow their procedures to collect on the claim. All repayment plans shall allow for complete repayment within 36 consecutive months, when possible. If total repayment is not possible within 36 months because of limited available resources, the plan will provide for complete recovery as soon as possible.
11126 Collecting Claims - The following special procedures apply when initiating collection action on claims.
Cash Overpayments - Cash overpayments cannot be recovered through medical eligibility or vice versa. Furthermore, when recovery is made through cash grant reduction or special spenddown procedures in medical, only FFP (Federal Financial Participation) benefits can be reduced or withheld to recover FFP overpayments and only non-FFP benefits can be reduced or withheld to recover non-FFP overpayments. GA overpayments may be recovered from TANF benefits because in TANF funding the state has flexibility to designate non-FFP funded amounts. In TANF the amount of retained current child support received in the month at issue which is in excess of the correct benefit amount, must also be applied to reduce the overpayment. If the support is not retained by the agency or is less than the correct benefit amount, the overpayment collection is not affected by the support amount. For cash, all overpayments are subject to recovery including special needs payments.
Food Assistance - For client or agency claims that are $125 or less, the claim will not be established unless the household is currently receiving food assistance or the agency already established the claim or discovered the overpayment in a QC review. For all claims greater than $125, collection action shall be initiated against any or all of the adult members of the household which received an overissuance. If a change in household membership occurs, collection action may be pursued against any household which has a member who was an adult member of the household that received an overissuance. Food assistance benefits can only be withheld (benefit reduction) to pay on a food assistance claim. For fraud claims, collection action shall first be initiated against the household which received the overissuance for which the claim was established and which contained the household member found to have committed fraud. If a change in household membership occurs, collection action shall be initiated against any or all households which has a member who was an adult member of the household that received the fraud overissuance. For all types of claims, the amount of the claim may be offset with lost benefits owed to any household which contains a member who was an adult member of the original household that received an overissuance. Child Care - When an overpayment is identified, the agency shall determine the cause and set up a plan for repayment, including the use of benefit reduction.
11126.1 Methods of Collecting Payments - Claims shall be collected in one or more of the following ways:
Lump Sum Payments shall be collected from households in one lump sum cash payment if the household is financially able. However, the household shall not be required to liquidate all of its resources to make this one lump sum payment. If the household is financially unable to pay the entire amount of the claim at one time and prefers to make a lump sum cash payment as partial payment of the claim, it shall be accepted.
Installments - If the household is not currently participating in the program with the overpayment and has insufficient liquid resources or is otherwise financially unable to pay the claim in one lump sum, a payment schedule shall be negotiated by the Central Collections Unit (CCU). Once negotiated, the amount to be repaid each month through installment payments shall remain unchanged. Both the household and the agency shall have the option to initiate renegotiation of the payment schedule if they believe that the household's economic circumstances have changed enough to warrant such an action. If the household requests renegotiation, but the CCU feels that the household's economic circumstances have not changed enough to warrant the requested settlement (such as the fact that the household's source of income has not changed) then the CCU may continue renegotiation until a settlement can be reached.
Offsetting - For collection to be made by offsetting the amount of the claim against restored benefits, the amount of benefits due the household shall be determined and deducted from any outstanding claim balances. Refer to 11115. A notice of action shall be sent to inform the household of the restored benefit amount and the amount still due on the claim or the amount of restored benefits due after applying them to any outstanding claim. NOTE: See KEES User Manual to determine how overpayment can be offset from lost benefits.
Benefit Reduction - If a household is currently participating in the program with the overpayment, collection action for ALL types of claims shall be accomplished by benefit reduction. See the KEES User Manual for instructions. When benefit reduction is being utilized the regular benefit shall be reduced as follows; or the client may agree to a larger benefit reduction amount: Fraud Claims Food Assistance - The benefit shall be reduced by the greater of 20% of the household's monthly entitlement or $20 per month. Cash and Child Care - The benefit shall be reduced by the greater of 20% of the household’s monthly benefit or $10 per month. NOTE: If the individual is receiving child care for work programs, before recoupment is initiated, a supervisor must indicate in writing on the case log that recoupment is appropriate. Client and Agency Claims Food Assistance - The benefit shall be reduced by the greater of 10% of the household's monthly benefit or $10 per month. See NOTE in (a) above. Cash and Child Care - The benefit shall be reduced by the greater of 10% of the household’s monthly benefit or $10 per month. NOTE: If benefit reduction is occurring for an agency or client error claim, and the household subsequently has a fraud claim established, the agency should cease benefit collection on the agency/client error claim and initiate benefit reduction on the fraud claim.
EBT Repayments - For cash, child care and food assistance, clients can make payments on a claim using their EBT account. Refer to KEES user manual for EBT repayment procedures.
Treasury Offset Program (Food Assistance Only) - The Treasury Offset Program (TOP) was established to collect recipient claims from Federal income tax refunds, Federal salaries and other federal payments. Any type of Food Assistance claim can be collected through TOP. TOP is housed in the Central Collection Unit in Topeka.
The following describes, generally, what must be met before a claim will be considered for collection through TOP:
The claim must be established and at least one demand letter has to have been sent. The initial demand letter must also be dated within 10 years prior to the offset. The minimum claim balance referred to TOP is $25. The 10 year rule does not apply to claims with a court judgment. Advance TOP notices for new debts are sent monthly. The debt has to be delinquent for at least 120 days when the client is notified of the TOP collection. The client has 60 days to respond to the TOP advance notice before offsetting will occur. These notices, in addition to all other TOP activities, are handled centrally by the TOP Unit. Client and staff calls regarding TOP should be referred to the TOP number, 1-866-977-6689. The individual for which the claim is established is not currently participating in the program. The claim is delinquent as described above, and the client has not paid the claim or contacted the agency within 60 days of the advance TOP notice.
11126.2 Special Criteria for Initiating Collection Action on Fraud Claims - If a household member is found to have committed fraud (by any of the means described in 11200 ), collection action shall be initiated against the individual's household. In addition, a contact shall be made with the household, if possible. Such collection action shall be initiated unless the household has already repaid the overissuance. See 11280 .
11126.3 Claims Discharged through Bankruptcy - If local agency staff have knowledge of bankruptcy proceedings against any household owing a food assistance, cash or child care claim, Central Office Legal Department and Central Collection Unit shall be notified immediately. Collection activity for non-fraud claims shall cease immediately pending the outcome of the court proceedings. Collection action should be resumed (or initiated) after and in conformance with the final court action. Fraud claims must continue to be collected and cannot be discharged due to bankruptcy. However, if an Administrative Hearing Waiver was signed and there was no admission of committing alleged fraud, the claim can be discharged.
NOTE: To cease collection activity pending the outcome of bankruptcy proceedings, see KEES user manual for instructions. Also see 11129 .
11126.4 Interstate Food Assistance Claims Collection - In certain situations, the local agency becomes aware of the fact that a household which has moved into this state from another state has a claim against it in the previous state. If the former state does not take action against the household to collect the claim, this state may initiate action to collect the claim (and vice-versa). When a local office becomes aware of such a situation, the former state should be contacted to verify that collection action is currently not being taken against the household and to verify the type and amount of claim on which a balance is still due. Once documentation of the claim and the current balance is received, a claim must be established on the system for the current claim balance. Send a demand letter and initiate collection action per 11125 and 11126.1 .
11126.5 Refund of Over Collected Food Assistance Benefits - If the agency should collect more benefits than are due on a claim, the amount over collected must promptly be refunded to the household by Central Collection Unit.
11126.6 Expunged Benefits - Expunged food assistance, cash and child care benefits for a client are to be used to reduce the amount of any active claims that the client has. Expunged food assistance benefits are benefits that have been aged off and not returned to the system and EBT account within 9 months for food assistance from the date they were last accessed.
Expunged cash and child care benefits are benefits that have been aged off and not returned to the system and EBT account within 120 days for cash and child care, from the date they were initially made available.
These benefits cannot be used as payment on a claim. See Appendix Item V-1, EBT System Guide, Item (25) and KEESM 11130 .
11127 Terminating Claims -
Cash, Food Assistance, and Child Care - Staff shall terminate claims for the following reasons: The only remaining household member responsible for the claim is now deceased. The household has the debt discharged through bankruptcy. Claims pending bankruptcy are suspended until final action on the bankruptcy is known. See 11126.3 .
Food Assistance Only - No payments have been made in three years, the whereabouts of the household are unknown, and the claim is not successfully collected through TOP. At least one unsuccessful submission to TOP is required before the claim can be terminated. These terminations are completed by the Central Collection Unit as needed.
System Terminations - All Programs - the system will automatically terminate claims in the following situations: On a monthly basis, all active claims (fraud, client and agency) with a remaining balance of less than $1.00 will be terminated. This allows collection to begin on another claim for that program. On an annual basis, all client and agency error claims that were established more than 10 years prior to the date of the run, that have had no collection activity within 36 months of the run date, and for food assistance, are not known to the TOP system will be terminated. These are claims with a balance of $1.00 or greater. No fraud claims will be automatically terminated by this process.
A payment, such as from debt set-off, may be applied to a terminated claim if received.
11128 Reserved
11129 Compromising Claims - The agency may compromise a claim or a portion of a claim in the following situations:
When the amount of the claim is reduced in accordance with a court or Fraud Unit agreement. The amount determined uncollectable shall be entered as the amount compromised.
When a non-participating household's economic circumstances indicate that the claim will not be paid within three years. The following considerations are used: Age and/or disability of the person(s) responsible and any other applicable household factors that are considered in the determination of benefit eligibility Age of the claim Amount remaining on the claim Total amount paid on the claim Reason for claim (agency, client, or fraud)
All actions to compromise the balance of a claim are done by Central Collection Unit following established practices for submitting payments. The compromise method can be used on all programs, and must be pre-authorized by Fraud Unit staff and/or the Central Collection Unit Supervisor.
NOTE: A delinquent claim that has already been referred to TOP for collection should not be compromised.
11130 Expunged Benefits - Expunged food assistance are benefits that have been aged off and not returned to the system and the EBT account within 9 months from the date they were last accessed. These benefits cannot be used as payment on a claim, however, they shall be used to reduce the amount of any active claims with a balance of $10 or more that the client has.
Expunged child care and cash benefits are benefits that have been aged off and not returned to the system and the EBT account within 120 days from the date they were initially made available. These benefits cannot be used as payment on a claim, however, they shall be used to reduce the amount of any active claims with a balance of $10 or more that the client has.
Expunged food assistance benefits can only be used to reduce the amount of food assistance claims. Expunged child care benefits can only be used to reduce the amount of child care claims. Expunged cash benefits can be used to reduce the amount of cash claims and food assistance claims if no cash claims exist.
This activity is managed by the system automatically, including notification to the household.
NOTE: The month of overpayment does NOT have to match the month of the expunged benefits. If it is determined that the month of expunged benefits matches the month of the claim, then that claim will be modified. If there is not a match, then any active claim will be modified, with a priority order of fraud , client and agency.
11200 DETERMINATION OF FRAUD
Any individual who is suspected of committing fraud for the purpose of improperly establishing or maintaining eligibility for cash, child care, or food assistance benefits shall be referred to the Fraud Unit or Administrative Disqualification Hearings Officer as appropriate for a determination of fraud.
An individual may be found guilty of fraud by any one of the following methods:
When the individual has been legally determined to have committed fraud through a court of appropriate jurisdiction;
By the individual signing a disqualification consent agreement in cases referred for prosecution;
When the individual has been established as having committed fraud through an Administrative Disqualification Hearing; or
By the individual signing a Waiver of Right to a Disqualification Hearing form .
A referral may be made to the Administrative Disqualification Hearing Officer (ADHO) or to the local Fraud Unit regardless of the current eligibility of the individual. For all programs except Child Care, claims (individual program or combined) of $0 to $1000, including instances of attempted fraud that would have resulted in an overpayment from $1 to $1000, if not discovered, will be referred to the Administrative Disqualification Hearing Officer . Claims of $1001 and over will be referred to the fraud unit who will determine how to proceed – civil, criminal or an Administrative Disqualification Hearing.
For Child Care, client overpayment claims of $0 to $2500, including instances of attempt client fraud that would have resulted in a child care overpayment from $0 to $2500, if not discovered, will be referred to the Administrative Disqualification Hearing Officer. Claims of $2501 and over will be referred to the fraud unit who will determine how to proceed. Child Care Provider overpayment claims of $0 to $5000 will be considered Vendor Overpayments and repayment action initiated. Claims of $5001 and over will be referred to the fraud unit who will determine how to proceed – civil or criminal. NOTE: Exceptions can be made to the above policy depending on the situation. For example, a client that has already been disqualified at an Administrative Disqualification Hearing and has another fraudulent overpayment of less than the above amounts may be referred to the fraud unit instead of having a second hearing. Questionable situations should be discussed with the fraud unit for guidance.
NOTE: Since the Food Assistance Program is 100% federally funded and a nationwide entitlement program, fraud determinations made in one state are valid and countable in another.
11210 Definition of Fraud - Fraud is defined as having intentionally:
Made a false or misleading statement, misrepresentation, concealment, or withholding of facts for the purpose of improperly establishing or maintaining eligibility; or
For food assistance, committing any act that constitutes a violation of the Food and Nutrition Act of 2008, the Food Assistance Program Regulations, or any Kansas statute relating to the use, presentation, transfer, acquisition, receipt, or possession of food assistance access devices (Benefits Card). Fraud also includes the sale of, or intent to sell, food assistance benefits and/or Kansas Benefits Cards in public or online through Web sites and social media such as Craig’s List, Facebook, Twitter, eBay, etc.
11220 Penalties For Fraud
11221 Disqualification Penalties
11221.1 Food Assistance - Individuals found to have committed fraud either through an administration disqualification hearing or by a court of appropriate jurisdiction or who have signed either a waiver of right to an administrative disqualification hearing or a disqualification consent agreement in cases referred for prosecution, shall be ineligible to participate in the program. Persons disqualified from the Food Distribution on Indian Reservations Program (FDPIR) shall also be disqualified for food assistance until the disqualification period has expired. Persons disqualified from the food assistance program will be disqualified from FDPIR until the disqualification period has expired. Also see KEESM 2151 and 4212.2 . Verification of whether a person is getting FDPIR or not needs to now include a question about fraud disqualification. FDPIR fraud disqualifications do not count as food assistance disqualifications when determining the number of disqualifications.
The following disqualification periods apply:
Twelve (12) months for the first violation that occurs on or after 8/22/96 (offenses that occurred prior to 8/22/96 shall be ineligible for six (6) months for the first violation);
Twenty-four (24) months for the second violation that occurs on or after 8/22/96 (offenses that occurred prior to 8/22/96 shall be ineligible for twelve (12) months for the second violation); and
Permanently for the third violation.
A court may impose an additional 18 months disqualification period for the first and second convictions on criminal cases only. For food assistance, only the individual, and not the entire household, found to have committed fraud, or who signed the waiver to an administrative hearing or a disqualification consent agreement in cases referred for prosecution, shall be disqualified.
Persons rendered ineligible under the above provisions shall be considered disqualified per 4212.3 .
Individuals found by a federal, state or local court (on or after September 1, 1994) to have used or received food assistance benefits in a transaction involving the sale of a controlled substance shall be ineligible to participate in the food assistance program for: Twenty-four (24) months upon the first occasion of such violation; and Permanently upon the second occasion of such violation. NOTE: From September 1, 1994 to August 22, 1996, first findings under this section resulted in ineligibility for 12 months. First time findings after August 22, 1996 result in 24 months.
Individuals found by a federal, state or local court (on or after September 1, 1994) to have used or received food assistance benefits in a transaction involving the sale of firearms, ammunition, or explosives shall be permanently ineligible to participate in the food assistance program upon the first occasion of such violation. NOTE: The penalties described in paragraphs (1) and (2) of this item shall also apply in cases of deferred adjudication where the court makes a finding that the individual engaged in the conduct described in paragraphs (4) or (5) of this section.
Individuals convicted of trafficking food assistance benefits of $500 or more on or after 8/22/96 shall be permanently ineligible to participate in the food assistance program. Trafficking is defined as: The buying, selling, stealing or otherwise affecting an exchange of food assistance benefits issued and accessed via EBT cards, card numbers and PINs, or by manual voucher and signature, for cash or consideration other than eligible food, either directly or indirectly, in complicity or collusion with others or acting alone. Purchasing a product with food assistance benefits that has a container requiring a return deposit with the intent of obtaining cash by discarding the product and returning the container for the deposit amount, intentionally discarding the product and intentionally returning the container for the deposit amount. Purchasing a product with food assistance benefits with the intent of obtaining cash or consideration other than eligible food by reselling the product, and subsequently intentionally reselling the product purchased with food assistance benefits in exchange for cash or consideration other than eligible food. Intentionally purchasing products originally purchased with food assistance benefits in exchange for cash or consideration other than eligible food.
An individual shall be ineligible to participate in the Food Assistance Program as a member of any household for a 10-year period if the individual is found by an ADH to have made, or is convicted of a crime in a Federal or State court for having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple food assistance benefits simultaneously. The offense must occur on or after 8/22/96.
NOTE: A civil judgment with a finding of fraud does not meet the criteria for a 10-year disqualification. Such findings only result in the penalties described in 11221.1 (1), (2) or (3). NOTE: Ineligibility for 10 years per item (7) of this section counts when determining if the violation is the first, second, or third. For example, an individual served his/her first disqualification for 12 mos. from 7/1/2003 - 6/30/2004. The individual is next found ineligible for 10 years per the provisions of 11221.1 (7). This is the person's second finding of fraud. A third finding of fraud will result in permanent ineligibility per 11221.1 (3). For food assistance, misrepresentations regarding identity do not necessarily involve two or more states, the misrepresentation for simultaneous receipt can occur within the state. To help Staff determine if a duplicate participation event qualifies for a 10-year disqualification referral, the following examples are provided: Event that would qualify for a 10-year disqualification referral: Client lives in Oklahoma and receives food assistance benefits in Oklahoma. Crosses the border and applies and receives food assistance benefits in Kansas while still living and receiving food assistance benefits in Oklahoma. Event that would not qualify for a 10-year disqualification referral: Client moves to Kansas from Oklahoma in June. Does not report that he was receiving food assistance in Oklahoma, however, did tell his Oklahoma worker he moved to Kansas. food assistance benefits approved for June in Kansas, however, case in Oklahoma not closed until June 30, so client received benefits in both states for the same month. This is not a 10-year disqualifying event because the client did not make a fraudulent statement or representation with respect to his place of residence in order to receive multiple food assistance benefits. An overpayment would, however, be determined for the month of June and collected as a client error.
If a court fails to impose a disqualification period for any fraud violation, the state agency shall impose the appropriate disqualification penalty specified above unless it is contrary to the court order.
11221.2 TANF and Child Care Penalties –
Adults in the household who were determined to have committed fraud will render themselves and all adult TANF household members, as determined by assistance planning rules, ineligible for their lifetime. Lifetime ineligibility is applied to both programs, even if fraud is only committed in one program. All TANF households found guilty of fraud in TANF and/or child care are required to have a protective payee assigned to receive and manage the TANF benefits. No TANF benefits may be accessed by the household. See KEESM 1515 . Households may elect to name a protective payee. If the household cannot name a suitable protective payee, the agency will identify one for them. If no suitable protective payee can be identified, the TANF case will close, allowing for timely and adequate notice.
When an adult fails to cooperate with a fraud investigation, there is ineligibility for all members included on the program being investigated until cooperation has been established in the fraud investigation. The fraud unit will be responsible to contact the individual in writing two times and by telephone (if available) to request cooperation and information before a finding of non-cooperation. Each contact will contain information on the penalty for failing to cooperate. Ineligibility for failing to cooperate will exist for mandatory and non-mandatory household members that are participating in the program being investigated. Ineligibility will result even if the non-cooperating adult is a cash excluded member, such as an SSI recipient or an ineligible non-citizen. Ineligibility is only applied to the program being investigated. An ongoing case can be reinstated with no proration of benefits, if the adult cooperates in the month following the month of closure. If assistance is terminated for refusal to cooperate and they reapply prior to cooperation, the application is to be denied. If they cooperate after the application has been filed and before the time limit has expired on the application, benefits are to be pro-rated from the date of application.
11230 Determining the Proper Type of Referral (For all programs) - The same act of alleged fraud repeated over a period of time shall not be separated so that separate penalties can be imposed. If it is decided that a case will not be referred for prosecution, or the local Fraud Unit has declined prosecution and not recommended a referral to the Administrative Disqualification Hearing Officer, then the overpayment shall be handled as a client overpayment as outlined in 11121.2 . The burden of proving fraud is on the agency. All referrals shall be reviewed by the EES Supervisor prior to the referral being sent to either the local Fraud Unit or the Office of Administrative Hearings.
There is no minimum amount of alleged fraudulent overpayment required to initiate a fraud determination action.
Claims (individual program or combined) of less than $1001 are to be referred to an Administrative Disqualification Hearing. Claims (individual program or combined) of $1001 and over are to be referred to the fraud unit who will determine the appropriate course of action.
11231 Fraud Unit Referrals - All cases suspected of fraud shall be referred to the Fraud Unit.
The local Fraud Unit will make a decision as to whether or not to pursue prosecution through either civil or criminal action. Once a case is referred to the Fraud Unit, the local agency shall follow whatever instructions the Fraud Unit staff give in regard to prosecution. If the Fraud Unit decides not to prosecute the case, the overissuance should be handled as a client overissuance . When the case has been accepted for prosecution there shall be no further referral to the Administrative Disqualification Hearing Officer by the local worker.
If an alleged fraudulent overissuance is accepted for prosecution and the client enters into a diversion agreement, a finding of fraud is not made. As a result, the individual cannot be disqualified, nor can the amount of the overissuance be coded as fraud on the system. These claims must be coded as client errors. In addition, the alleged fraudulent overissuance can not be referred for an administrative disqualification hearing for the purpose of a finding of fraud. For these reasons, it is suggested that a disqualification consent agreement be obtained by the prosecutor when individuals enter into diversion agreements. Only when a disqualification consent agreement has been signed can the claim be coded as fraud and the individual disqualified from the program. The prosecutor will be responsible to obtain the consent agreement.
Whenever possible, persons referred to the Fraud Unit should not receive notification that the case is under investigation prior to a determination by the Fraud Unit regarding the action to be taken. When responding to client inquiries concerning suspected fraud overpayments, EES staff should simply advise the client that the cash case is "under administrative review." Any involvement by the Fraud Unit should not be mentioned to the client.
NOTE FOR CHILD CARE: If the client or the provider is found guilty of civil or criminal child care fraud by a court of appropriate jurisdiction, recoupment, which may include debt set-off, will be initiated by the local Fraud Unit. If the Fraud Unit decides not to prosecute the case, the local agency will be notified, no fraud determination will be made, and EES staff will enter the claim on the system and send an overpayment claim initiation notice.
11232 Administrative Disqualification Hearing Referrals - An Administrative Disqualification Hearing shall be requested when:
The total alleged fraudulent overpayments is from $0 (attempted)to $1,000 (cash, food assistance, child care or combination of any); or
No benefits were provided, but the client attempted to access benefits by alleged fraudulent activity.
NOTE for Food Assistance Only: The time period an overissuance covers is very important when a second or third suspected fraudulent overpayment is referred for an Administrative Disqualification Hearing. Subsequent violations can only result in enhanced disqualification penalties (24 months or permanent) if the violation in question occurs after the individual has been notified of the prior hearing decision or waived opportunity for a hearing. The date of notification shall be considered to be two mailing days after the notice is mailed from Topeka. If a subsequent violation occurs before the individual has been notified of a prior hearing decision or waived opportunity for a hearing, the violation can be referred for an Administrative Disqualification Hearing only for the purpose of determining if fraud occurred and thus the claim categorized as fraud in the system. The individual cannot, however, be disqualified as a result of the hearing. These provisions also apply when an individual has been permanently disqualified from the program. An Administrative Disqualification Hearing can be held for the purpose of determining if the claim can be categorized as fraud, but no additional disqualification can be applied.
Example 1: A household incurs an overpayment for the time period 9/98 through 11/98. The Primary Applicant was referred for an ADH and a hearing was held 3/27/99. The Primary Applicant was found guilty of fraud and a notice was sent on 4/15/99 which was received by the household on 4/17/99. A 12-month disqualification is assessed. Then, in May 1999, it is discovered that the household incurred another potentially fraudulent overpayment in the months of 1/99 through 3/99. Since this second overpayment occurred BEFORE the household received the guilty notice on the first overpayment (4/17/99), the second violation covering 1/99 through 3/99 can only be referred for an ADH for the purpose of determining if fraud occurred. If fraud is determined, the claim can be categorized as fraud, but the individual cannot be disqualified.
Example 2: A household incurs their first potentially fraudulent overpayment covering 9/98 and 10/98. An ADH is requested and the hearing is scheduled for 5/15/99. On March 10, it is discovered that a second potentially fraudulent overpayment occurred in 1/99 and 2/99. If the agency notifies the household before April 15 (see 11250.7) of its intent to pursue a hearing for the second overpayment, that overpayment may be included in the 5/15 hearing. If found guilty, the household may end up with two fraudulent claims, but no more than one 12-month disqualification could be imposed for both fraudulent violations.
11240 Reserved
11250 Making the Referral - Administrative Disqualification Hearing - When the decision has been made to request an Administrative Disqualification Hearing, a referral shall be sent to the Administrative Disqualification Hearing Officer (ADHO). The form, Referral for an Administrative Disqualification Hearing, ES-3112 , shall be used for this purpose.
11250.1 Referral Form - The following information shall be provided on the ES-3112 :
PI name and address, and name of the individual alleged to have committed fraud (if different from the PI head); NOTE: This person is usually the person who signed the application and/or monthly report forms. In some circumstances, it could be a person other than this which would require explanation and documentation;
Case number;
The name of the agency representative (i.e., the person who will be presenting the evidence for the agency at the hearing);
The type and date(s) of the alleged violation(s);
The actual amount of overissuance;
Details regarding what documentary evidence will be available for presentation at the hearing. Any additional comments which the agency feels the ADHO should know can be itemized on the referral form as well;
The number of prior fraud disqualifications. Include the dates of the prior disqualifications, and the manner in which fraud was determined for each, in accordance with 11200 . If the person being referred for an administrative disqualification hearing received benefits in another State prior to receiving in Kansas, eDRS data must be accessed to determine if the individual has had any prior food assistance disqualifications to determine the proper disqualification period for the fraud being referred. The eDRS should also be used for persons who have received in Kansas, if there is reason to suspect that there was a prior finding of fraud and there is no documentation in the current case file. Whenever the agency uses eDRS for this purpose, the agency can accept a verbal confirmation from the Locality Contact as a basis for an initial assessment. However, documentation supporting the prior disqualification must be obtained prior to making a final determination of the length of the penalty. Since Administrative hearings notifies the individual if they are found guilty of the penalty period, the agency must have the documentation supporting the prior disqualification prior to the referral for an Administrative Disqualification Hearing being sent. If documentation of a prior disqualification cannot be obtained, then it will not be considered in determining the length of the disqualification period for the case being referred. Also refer to 1434 and 11270 . and;
If the hearing is to be held strictly for the purpose of determining fraud in accordance with the NOTE in 11232 .
If the documentary evidence is available at the time the referral is made to the ADHO, it should be numbered (e.g., "Agency Exhibit #1") and submitted. If the agency's evidence is not ready at the time the referral is made, it should be submitted to the ADHO when ready.
11250.2 Time Limits
Within 90 days of the date the household member is notified in writing that an Administrative Disqualification Hearing has been scheduled, the ADHO shall: Conduct the administrative disqualification hearing; Arrive at a decision; and Notify the household member and the local office of the decision.
The household member or representative is entitled to a postponement of the scheduled hearing, provided that the request for postponement is made at least 10 days in advance of the date of the scheduled hearing. However, the hearing shall not be postponed for more than a total of 30 days and there shall only be one postponement, unless the ADHO decides that good cause exists to grant a second postponement. If the hearing is postponed, the above time limits shall be extended for as many days as the hearing is postponed.
11250.3 Waived Hearings - Any individual who has been referred to the ADHO shall have the option of waiving his/her rights to an administrative disqualification hearing. In addition to sending the advance notification of a disqualification hearing as provided in 11250.7, the household member suspected of fraud shall also be informed of the fact that he/she may waive his/her right to an administrative disqualification hearing. The written notification provided to the household member which informs him/her of the possibility of waiving the administrative disqualification hearing shall be the Waiver of Right to an Administrative Disqualification Hearing form . This form will be mailed to the household by the Administrative Disqualification Hearing Officer. If the individual returns this form to the local DCF office, it shall immediately be forwarded to the Administrative Disqualification Hearing Officer. Persons who sign the waiver are to be disqualified for the appropriate time period and the claim on the system is to be changed from "client" error to "fraud".
11250.4 Publication of Rules of Procedure - The procedure for a disqualification hearing has been published as a brochure titled "Administrative Food Assistance Disqualification Hearing" and shall be made available to any interested party.
11250.5 Notification to Applicant Households - Applicants shall be informed in writing of the disqualification penalties for committing or attempting to commit fraud each time they apply for program benefits. The penalties are written in clear, prominent, and boldface lettering on the application form.
11250.6 Consolidation of Administrative Disqualification Hearing with Fair Hearing - A fair hearing and an administrative disqualification hearing may be combined into a single hearing if the factual issues arise out of the same, or related, circumstances and the household receives prior notice that the hearings will be combined. If the disqualification hearing and fair hearing are combined, the time frames for conducting disqualification hearings shall be followed. And, if the hearings are being combined for the purpose of settling the amount of the claim at the same time as determining whether or not fraud or attempted fraud has occurred, the household shall lose its right to a subsequent fair hearing on the amount of the claim. However, upon request from the household, the 30-day advance notice period required by 11250.7 shall be waived when the disqualification hearing and the fair hearing are combined. At the discretion of the Secretary of the Department of Administration, the same hearing official can be appointed to conduct both types of hearings.
11250.7 Advance Notice of Administrative Disqualification Hearing - The Administrative Disqualification Hearing Officer, or his/her designee, shall provide written notice to the household member suspected of fraud or attempted fraud at least 30 days in advance of the date a disqualification hearing is scheduled. The notice shall be mailed and shall contain at a minimum:
The date, time, and place of the hearing;
The charge(s) against the household member;
A summary of the evidence (which is to be provided by the local agency free of charge either prior to or on the day of the hearing);
A warning that the decision will be based solely on information provided by the food assistance office if the household member fails to appear at the hearing;
A statement that the household member or representative will have 10 days from the date of the scheduled hearing to present good cause for failure to appear in order to receive a new hearing;
A warning that a determination of fraud or attempted fraud for food assistance will result in a 6 or 12-month disqualification for the first violation, a 12 or 24-month disqualification for the second violation, permanent disqualification for the third violation, and a statement as to which penalty the agency believes is applicable to the case scheduled for hearing;
A warning that a determination of fraud or attempted fraud for cash and child care will result in permanent disqualification for both TANF and child care.
A listing of the household's rights as contained in the Fair Hearing Section ( 1613 );
A statement that the hearing does not preclude the state or federal government from prosecuting the household member for fraud or attempted fraud in a civil or criminal court action, or from collecting the overissuances; and
The availability, if any, of free legal representation provided by an individual or organization.
If the individual cannot be located and/or notified of the disqualification hearing, the hearing will be dismissed without prejudice by the ADHO. If the individual alleged to have committed fraud is subsequently found (either by reapplying for assistance or other means), the agency may re-refer the individual for an administrative disqualification hearing.
11250.8 Scheduling of Hearing - The time and place of the hearing shall be arranged so that the hearing is accessible to the household member suspected of fraud or attempted fraud. Hearings may be scheduled to take place in-person, by telephone, or videoconference. Households shall be granted a face-to-face hearing upon request. If the household member or its representative fails to appear without good cause at a hearing initiated by the local agency, the hearing shall be conducted without the household member being represented. The household member will have 10 days from the date of the scheduled hearing to present reasons indicating a good cause for failure to appear. Even though the household member is not represented, the ADHO is required to carefully consider the evidence and determine if fraud or attempted fraud was committed based on clear and convincing evidence. If the household member is found to have committed fraud or attempted fraud but the ADHO later determines that the household member or representative had good cause for not appearing, the previous decision shall no longer remain valid and the ADHO shall conduct a new hearing. The ADHO who originally ruled on the case may conduct the new hearing. The ADHO must enter the good cause decision into the record.
11250.9 Participation While Awaiting Hearing - A pending disqualification hearing shall not affect the individual's or the household's right to be certified and participate in the Program. Since a household member cannot be disqualified for fraud or attempted fraud until the ADHO finds that the individual has committed fraud or attempted to commit fraud, the eligibility and benefit level of the household shall be determined in the same manner it would be determined for any other household. For example, if the misstatement or action for which the household member is suspected of fraud does not affect the household's current circumstances, the household would continue to receive its allotment based on the latest certification action or be reviewed based on a new application and its current circumstances. However, the household's benefits shall be terminated if the review period has expired and the household, after receiving its notice of expiration, fails to reapply. The household's benefits shall be reduced or terminated if documentation exists which substantiates that the household is ineligible or eligible for fewer benefits (even if these facts led to the suspicion of alleged fraud and the resulting disqualification hearing) and the household fails to request a fair hearing and continuation of benefits pending the hearing. For example, the local office may have facts which substantiate that a household failed to report a change in its circumstances even though the local office has not yet demonstrated that the failure to report involved an intentional act of fraud.
11250.10 Criteria for Determining Fraud or Attempted Fraud - The ADHO shall base the determination of fraud on clear and convincing evidence which demonstrates that the household member(s) committed, and intended to commit, fraud as defined in 11200 .
11250.11 Decision Format - The Administration Disqualification Hearing Officer's decision shall specify the reasons for the decision, identify the supporting evidence, identify the pertinent Kansas Economic and Employment Support Manual and FNS regulations, and respond to reasoned arguments made by the household member or representative.
11250.12 Notification of Hearing Decision
Not Guilty Decision - If the hearing official finds that the household member did not commit fraud, a written notice shall be provided which informs the household member of the decision. The overissuance which occurred shall be considered a client overissuance and a client claim shall be established in accordance with 11121.2 .
Guilty Decision - If the hearing official finds that the household member committed fraud, a written notice shall be provided to the household member prior to the disqualification. The Action Taken on Administrative Disqualification Hearing Form , has been designed for this purpose. The notice shall inform the household member of the decision and the reason for the decision. In addition, the notice shall inform the household member of the date the disqualification will take effect. Disqualification periods shall be in effect for a specified period of time, regardless of the individual's receipt of food assistance benefits at the time of the fraud decision. In no instance shall a disqualification period be deferred until the individual is next eligible for benefits. A written notice shall also be provided to the remaining household members, if any, of either the allotment they will receive during the period of disqualification or that they must reapply because the review period has expired. The income and resources of the disqualified individual shall be handled as outlined in 6500. A written repayment agreement shall be sent by the local office. The claim type shall be changed from "client" to "fraud." NOTE: It is very important that the claim type be changed to fraud before collection begins. The State agency retains 35% of all repayments on fraud claims and only 20% of all repayments on client error claims. (None is retained on agency error claims.)
Household Signs Waiver - If the household member signs the Waiver of Administrative Disqualification Hearing, a written notice shall be provided to the household member prior to the disqualification. The notice, Action Taken on Waiver of Administrative Disqualification Hearing, has been developed for this purpose. The notice shall inform the household member of the date the disqualification will take effect. Disqualification periods shall be in effect for a specified period of time, regardless of the individual's receipt of food assistance benefits at the time the is received by the agency. In no instance shall a disqualification period be deferred until the individual is next eligible for food assistance benefits. The written notice shall also provide the remaining household members, if any, of either the allotment they will receive during the period of disqualification or that they must reapply because the review period has expired. The income and resources of the disqualified individual shall be handled as outlined in 6500. A written repayment agreement shall be sent by the local office. The claim type shall be changed from "client" error to "fraud" as noted above.
11260 Imposition of Disqualification Penalties - "See Policy Memo # 99-10-09 re: "Applying penalties to Closed Cases (Cash and Food Assistance)".
11260.1 Administrative Disqualification Hearing
If the ADHO rules that the household member has committed fraud or the household member has signed an AH-1100 , Waiver of the Right to an Administrative Disqualification Hearing, the household member shall be disqualified in accordance with the disqualification periods specified in 11221 beginning with the first month which follows the date the household member receives written notification of the hearing decision. To effect the disqualification period, the worker shall take action to disqualify the household member upon receipt of a Budget Request Memorandum from the hearing officer requesting benefit and eligibility information for the remaining household members, if any. This memorandum will be sent when the preliminary decision of fraud has been made by the hearing officer, or when the hearing officer has received a signed from the household member. The information provided by the worker on this memorandum will be used by the hearing officer to prepare the notice. The worker shall not issue any kind of local notice to the household member regarding the fraud disqualification.
No further administrative appeal procedure exists after an adverse administrative disqualification hearing. The determination of fraud made by an ADHO cannot be reversed by a subsequent fair hearing decision. The household member, however, is entitled to seek relief in a court having appropriate jurisdiction. The period of disqualification may be subject to stay by a court of appropriate jurisdiction or other injunctive remedy.
Once a disqualification period has been imposed against a fraudulent individual, the period of disqualification shall be initiated and shall continue uninterrupted until completed. The status of the individual at the time of the fraud decision has no affect on the establishment of the disqualification period. For example, a nonparticipating individual is found guilty of committing fraud in January. The disqualification period is established as February through the following January. This period is fixed and the individual is considered disqualified even if not receiving benefits. If the individual reapplies for benefits during the fixed period and is found eligible, then the individual shall be disqualified for the remainder of the period. The fraudulent individual's household shall continue to be responsible for repayment of the fraud overissuance regardless of the eligibility for program benefits.
If the agency fails to act timely to disqualify the fraudulent individual, the individual can only be disqualified to the extent that the disqualification period has not elapsed. An agency claim SHALL NOT be established for any overissuance resulting from the fraudulent individual participating in the program when he/she should have been disqualified.
11260.2 Cases Referred to Local Fraud Unit
Individuals found guilty of civil fraud or criminal fraud by a court of appropriate jurisdiction shall be disqualified for the length of time specified by the court. If the court fails to impose a disqualification period, a disqualification period shall be imposed in accordance with 11221 , unless contrary to the court order. If a disqualification is ordered, but a date for initiating the disqualification period is not specified, the disqualification period for currently eligible individuals shall be initiated within 45 days of the date the disqualification was ordered. The disqualification period is initiated by the sending of the notice. The notice must be sent within 45 days, with the disqualification starting the month following the month in which the notice is sent (or should have been sent in cases where the agency does not act timely to disqualify the individual). Any other court-imposed disqualification (including those which are a result of signing a disqualification consent agreement in cases that enter diversion or those in which the court fails to specifically impose a disqualification period) shall be initiated within 45 days of the date the court found the individual guilty of civil or criminal misrepresentation or fraud. For fraudulent individuals not currently eligible, disqualification periods shall be initiated by notifying the household of the fraud and the specific time period established for disqualification. The disqualification period for individuals not currently eligible shall also be established within 45 days of the date the disqualification was ordered, or within 45 days of the date the court found the individual guilty of civil or criminal fraud as described above. The worker is responsible for notifying the fraudulent individual of the disqualification period and the effect on the remaining household members, if any.
Once a disqualification period has been imposed against the fraudulent individual, the period of disqualification shall be initiated and shall continue uninterrupted until completed regardless of the eligibility of the fraudulent individual's household. The fraudulent individual's household shall continue to be responsible for repayment of the fraudulent overissuance regardless of its eligibility for program benefits.
If the agency fails to act timely to disqualify the fraudulent individual, the individual can only be disqualified to the extent that the disqualification period has not elapsed. An agency error claim SHALL NOT be established for any overissuance resulting from the fraudulent individual participating in the program when he/she should have been disqualified.
Once the client is found guilty of fraud, the claim type must be changed from "client" to "fraud." If the agency has been granted a civil or criminal judgment for the amount of the claim, this information needs to be coded on the system for the claim that has the judgment. See KEES user manual for more information (For food assistance, claim amounts covered by a judgment can be collected via TOP past the normal 10 years time limit explained in 11126.1 (7)). NOTE: It is very important that the claim type be changed to fraud before collection begins. The State agency retains 35% of all repayments on fraud claims and only 20% of all repayments on client error claims. (None is retained on the agency error claims.)
11270 Electronic Disqualified Recipient System (eDRS) (Food Assistance Program Only) - The eDRS is a nationwide database of individuals that have had fraud disqualifications for the Food Assistance Program. The eDRS is available with the purpose of checking for prior disqualifications as noted in 1434 and 11250 (7). See KEES user manual for more information regarding the process.
If a match is found for a Kansas applicant or recipient, a secondary verification must be completed per the Computer Matching Privacy and Protection Act as described in 1434 . Each State agency has a Locality Contact for these Secondary Verifications. The Locality Contact for Kansas is in EES Administration. The EBT unit is the Locality Contact, and if they are contacted by another state for secondary verification, a contact with local office staff will be needed to access the case file and copy items to substantiate the disqualification. The list of possible verification items is listed in 1434 . It is important that staff respond timely on these requests as State agencies have 20 working days to respond on Secondary Verifications.
NOTE: If there is a disqualified individual receiving Food Assistance in KS, then EES Administration is responsible for reporting to the eDRS information concerning individuals disqualified for fraud, including those individuals disqualified based on a the determination of an ADH, or a court of appropriate jurisdiction and those individuals disqualified as a result of signing either a waiver of right to a disqualification hearing or a disqualification consent agreement in cases referred for prosecution. This is done via the Food Assistance Disqualified Recipient Report, ES-524, thus it is very important that these forms are returned timely as noted below. Staff must also complete ES-524's for persons found guilty for 10 years in accordance with 11221 (3), and for transactions involving the sale of a controlled substance or firearms per 11221 (2). Once the individual has been permanently disqualified, ES-524's for subsequent findings of fraud are not necessary.
The completed ES-524 shall be emailed to EES Administration at EBTMAIL@ks.gov within 20 days of the date the disqualification took effect. The original shall be kept in the case file.
Completion of the form is for the most part self-explanatory. Special instructions include the following:
Item 9, Disqualification Decision Date: For an ADH, enter the date on the guilty decision found directly under the case number. For court cases, enter the date of the journal entry, or the date the individual signed the Disqualification Consent Agreement.
Item 11, County Where Case File is Located: Enter name of county where the case file is currently located. This information is important should the individual leave the state and another state needs documentation of the number of frauds in Kansas, or any other pertinent information.
Item 12, Remarks: Enter any additional information on this section and explain.
11280 Fraud Overpayment Recovery - The remaining household members, if any, shall begin repayment during the period of disqualification imposed by the court or the ADHO. For food assistance, the local agency shall send a written repayment agreement, even if a restitution agreement has already been established by a court or Fraud Unit staff. (A special form, the F835, is available to use in these situations. This notice is important as it notifies the household that failure to repay may result in the use of other collection methods such as TOP and debt–set off, and is required by USDA regulations.) The repayment agreement shall inform the remaining household members of:
The amount owed;
The period of time the overpayment covers;
The repayment methods that are available; and
That additional methods of collections may be used (such as garnishment and debt set-off). Additional TOP Offset can be used for food assistance.
The household shall have 10 days from the date the notice is mailed to return the completed repayment agreement. If the household fails to return the completed repayment agreement in the time allotted, benefit reduction shall be imposed in accordance with 11126.1 (4), if repayment is not otherwise established by a court or with the Fraud Unit. In addition, if the household agrees to make repayment but fails to do so, benefit reduction shall be automatically imposed. All actions to invoke benefit reduction when a household has not been making agreed upon repayments must be coordinated with local Fraud Unit staff. If benefit reduction is invoked, adequate notice only is required. See 1432 (17).
All repayments shall be made in accordance with established procedures in 11126.1 for cash repayment, monthly installments or benefit reduction.
11290 Reversed Disqualifications - In cases where the determination of fraud is reversed by a court of appropriate jurisdiction, the individual shall be reinstated if otherwise eligible. An underpayment shall promptly be made for any assistance which was lost as a result of the disqualification. If the disqualification has been entered into eDRS, the record of the disqualification will be removed.
12000 SUN Bucks
12100 SUN Bucks Program Summary
SUN Bucks, also known as Summer EBT or SEBT, is an assistance program that helps eligible families with school-aged children pay for groceries during the summer months when children are not receiving free or reduced school lunch at school. This benefit is distributed with a single annual issuance.
12110 Summer Operational Period
SUN Bucks operates during the summer months, during what is called the Summer Operational Period. In Kansas, the Summer Operational Period is the first business day after May 1 to the last business day before August 31. This period is meant to reflect roughly the period of time when most schools in Kansas are out of session for summer break.
As the SUN Bucks benefit is meant to help families with purchasing food during the summer months, benefits are only issued leading up to and during the Summer Operational Period. Children identified for streamlined certification by meeting the criteria outlined in the next section, and children whose eligibility is established by application during the instructional year, will be issued benefits 7 to 14 days before the start of the Summer Operational Period. Children whose eligibility is established by application during the Summer Operational Period will be issued benefits within 15 days of application submission.
12210 Eligibility
Children eligible for SUN Bucks include those who, at any point during the period of eligibility, are:
School-aged (7 to 17 years) and receiving Food Assistance, TANF, or Foster Care benefits; or
Enrolled in an National School Lunch Program/Summer Breakfast Program participating school, other than a special provision school, and
Receiving or eligible to receive free or reduced price school meals; or Determined eligible through a SUN Bucks application.
Enrolled in a special provision school in which all students receive free lunch, and
Receiving or eligible to receive FRSL; or Determined eligible through a SUN Bucks application.
NOTE : A child does not need to be a United States citizen to be eligible for SUN Bucks.
NOTE : Shortly before auto-issuance the approved applications will be checked and any children who entered into foster care since their application was approved will be temporarily denied until DCF can confirm the correct address. They may still be eligible, but they need to apply.
12220 Streamlined Certification
Streamlined Certification is the process of automatically enrolling an eligible child for SUN Bucks with no additional requirements of the family. Families who do not meet streamlined certification criteria may still be eligible for SUN Bucks and will be able to apply for benefits.
Eligibility determinations will be made by DCF in conjunction with the Kansas Department of Education (KSDE). If a school-aged child (between 7 and 17 years old) can be identified as being eligible through participation in Food Assistance (FA), TANF, or Foster Care (FC) programs at any point in the period of eligibility (defined as the period from the first day of instructional year immediately preceding the summer operational period through the last day of the summer operational period) the child will be eligible for SUN Bucks and DCF will attempt to automatically issue the benefits without need for further application or confirmation of school enrollment. If a child can be identified as both enrolled in a National School Lunch Program-participating school and receiving free or reduced-price school lunch the child will be eligible for SUN Bucks and DCF will attempt to issue benefits.
12230 Income
To certify children as being income-eligible, DCF will collect information about the income received by each member of the household to determine if the household as a whole meets the income eligibility requirements. Income requirements are used to verify students for free and reduced-price school meals, which is gross income of the household that is at or below 185% of the Federal Poverty Level.
DCF will collect income information about each member of the household applying for benefits. Income includes earnings, wages, Supplmental Security Income (SSI), TANF cash assistance, non-federal housing subsidies, pensions, support payments, unemployment compensation, Social Security, and other cash income including cash amounts drawn from any source, including savings, investments, trust accounts, and other resources that are available to pay for a child’s meals.
Calculating income: DCF must use the income information provided by the household on the application to calculate the household's total current income. DCF will not require income documentation at the time of application. However, if an application is selected for verification either for cause or as part of the 3% random sample (see verification section), DCF will need documentation of income before benefits can be issued.
For the current year income standards see KEESM Appendix F-6 .
The information provided only needs to indicate eligibility at a single point in time during the period of eligibility, not that the child was eligible at the time of application or verification. For example, if a household applies during the Summer Operational Period and the household is denied due to being over income, but once they receive a denial they reach out and say that they just started a new job in April but were unemployed before then. DCF will then use the information provided to process SUN Bucks benefits. In these situations, DCF will likely choose to utilize verification for cause (see below).
The Income Eligibility Guidelines are published annually and change on July 1. The guidelines in effect on the date of application must be used to determine eligibility.
Households are not required to report changes in circumstances during the instructional year or summer operational period, but a household may voluntarily report any changes in income, household composition, or program participation.
12300 Application Processing
Application must be made by a parent or guardian of a child or children seeking assistance feeding that child or children during the summer months.
In cases of joint custody, the parent who applied for assistance first will receive benefits for the child. If only one parent is applying for assistance benefits, then the children are to be included in the assistance household with that parent. No additional statements from either of the parents regarding the living arrangements of the children should be requested as they are not needed to provide assistance to the children in a joint custody situation when only one parent is requesting assistance.
SUN Bucks benefits are only issued leading up to and during the Summer Operational Period, which is May 1 through August 31. Applications, however, are accepted throughout the entire year, and eligibility can be established at any time.
Applications will be accepted, an eligibility determination will be made, and notice will be sent, within 15 days of receiving a complete application in the DCF office. If an application is approved, benefits will be issued 7 to 14 days before the start of the Summer Operational Period, during the same time frame as the benefits issued for streamlined certification. The only exception to this is in the case of an application being approved within 15 days of receipt by DCF, then later selected for verification as part of the 3% random sample as of April 1 (see Verification section). If an application is received during the Summer Operational Period, benefits will be issued upon approval of the application but still within 15 days of receipt of a complete application.
A complete SUN Bucks application will include:
Names of all household members
Amount, source, and frequency of income for each household member
Signature of an adult household member, including electronic or telephonic signatures
The application date is the date a signed paper application is received at the DCF office or the date a SUN Bucks online application is received with an electronic signature through the agency's self-service portal (SSP). An application filled out through the agency's SSP is not complete until it has been electronically signed, submitted and the system issues a confirmation number to the applicant. All eligibility requirements will be tested according to the current household situation. If the application lacks necessary information or verification alternatives are not available, staff will send a "Request for Information (RFI)" notice identifying the information needed to determine eligibility. If the applicant does not provide the requested information or verifications within 10 calendar days, staff will process the denial, generating a system notice mailed to the applicant.
Households that are ineligible for assistance are informed of the reason(s) using a system generated notice.
Households that are eligible for assistance are informed of the benefit amount and expected date of receipt using a system generated notice.
Since SUN Bucks operates during a set period during the year and applications are accepted throughout the year household circumstances may change between application submission and benefit issuance. Households are not required to report changes in circumstances during the instructional year or summer operational period, but a household may voluntarily report any changes in income, household composition, or program participation. Families are able to reapply if their circumstances change and they believe their eligibility status may have changed.
12310 Verification
Applications include a self-attestation statement which will state that the information provided on the application is correct. DCF should use the income provided on the application to determine eligibility without asking the applicant to provide documentation. However, to maintain program integrity and ensure that SUN Bucks benefits are issued only to eligible children, verification will be conducted on certain applications. If an application is selected for verification, DCF will need to confirm that all information on the application is accurate by checking it against other sources of information known to DCF to be accurate.
The verification process will happen in two ways, a 3% random sample and verification for cause.
3% Random Sample
A number of applications equal to 3% of all applications approved before April 1 of the instructional year will be randomly chosen for verification. A KEES report will be run to determine the sample. On these applications, all information provided on the application will need to be verified. Once selected for verification, the applicants will not be issued benefits until verification has been completed. DCF will first attempt direct certification, where verification can be done against existing data without needing to request information from the household. If direct verification is not possible, then DCF will send a Request for Information notice, and the household will have 10 days to respond.
Verification for Cause
Applications can be verified for cause on a case-by-case basis if DCF suspects information on an application may be inconsistent or conflicting with information known to DCF. For example, if a household submits two separate applications with different information the worker will verify that application for cause. Applications selected for verification for cause will not be issued benefits until verification is completed and eligibility can be established. These applications do not count toward the 3% random sample described above. Applications received after April 1 will still be subject to verification for cause. DCF must conduct direct verification and use other sources of administrative data such as KDOL UC, KDOL Wages, or other sources available. Applications confirmed through direct verification should not be contacted for verification.
In cases when direct verification is not feasible, the eligibility worker must make at least two attempts, at least one week apart, to contact any household that does not respond to a verification request. If households do not respond to verification inquiries, they lose their benefits and must provide documentation at the time of application in future years.
Households must be notified that their case was selected for verification and if they are determined ineligible.
12400 Issuance Timeline
For streamlined certified households and households certified through application during the school year, benefits will be issued 7 to 14 days before the start of the Summer Operational Period. Benefits will be issued on a staggered schedule based on last name. For eligible households who apply during the Summer Operational Period, benefits will be issued within 15 business days. Even though benefits will not be issued until just before the Summer Operational Period begins, DCF will send out notices to all applicants once an eligibility determination has been made informing them of the determination.
12500 Expungement
SUN Bucks benefits will be expunged, or removed from the EBT card, 122 days after they are issued.
12600 Replacement
SUN Bucks benefits can only be replaced if food purchased with SUN Bucks benefits is destroyed in a household misfortune or disaster. See Item VIII , "Replacing Food Assistance" in the Electronic Benefit Transfer System Guide (KEESM Appendix V-1 New EBT Guide) for more information.
DCF cannot replace stolen EBT benefits.
12700 Opt-Out
Families who are eligible through streamlined certification who do not want SUN Bucks benefits will have the ability to opt out of the program. Communication will be sent to families who will be automatically issued benefits due to streamlined certification. If a family receives a letter but doesn’t want to receive the benefit, the family can contact DCF and request that benefits not be issued. The family will be able to re-enroll in SUN Bucks at any time before the end of the Summer Operational Period.
12800 Incorrect Payments and Fraud
DCF will make every effort to maintain and utilize accurate and current information to ensure benefits are issued in the correct amounts. However, should an incorrect payment be issued, DCF will evaluate the incorrect payment and act if necessary.
Kansas will only pursue an overpayment and attempt to recover issued benefits in cases where it is reasonable to suspect intent to commit fraud. All cases suspected of fraud will be referred to the fraud unit for investigation. If the fraud unit determines that it is reasonable to pursue a fraud determination DCF will conduct an administrative hearing to determine if fraud occurred and will issue an overpayment on the case to recover the fraudulently-issued benefit(s).
In no instance will the agency reclaim SUN Bucks benefits by reducing a household’s Food Assistance benefit. Kansas will not recover SUN Bucks benefits from Food Assistance benefits already issued.
12900 Fair Hearings and Appeal Procedures
Request for a Hearing - A request for a fair hearing is defined as a clear expression to appeal a decision or final action of any agency or employee of the Department for Children and Families. The Office of Administrative Hearings in the Department of Administration administers the agency's fair hearing program pursuant to the Kansas Administrative Procedure Act (K.S.A. 77-501 et seq.)
A request for a fair hearing may be made orally (either in person or by phone) or in writing. The person making the request must be an applicant, recipient, or authorized representative of an applicant or recipient of SUN Bucks benefits.
A request can be made at any point within 90 days of the end of the Summer Operational Period regarding any decision made with respect to:
An application the household has made for SUN Bucks benefits; or
A streamlined certification for SUN Bucks benefits; or
A verification process or procedure; or
Any adverse action taken against the household by the SUN Bucks agency.
The State is required to provide a household with back-benefits for SUN Bucks if the fair hearing determines that the SUN Bucks agency erroneously failed to issue such benefits in the correct amount to an eligible family.
Prior to initiating the hearing procedure, the household may request a conference to provide the opportunity for the household to discuss the situation, present information, and obtain an explanation of the data submitted in the application or the decision rendered. The request for a conference must not in any way prejudice or diminish the right to a fair hearing. The SUN Bucks agency must promptly schedule a fair hearing if requested.
Staff must submit any written appeal received to the Summer Nutrition Program Specialist. The appeal will then be sent to: Office for Administrative Hearings, 1020 S. Kansas Ave, Topeka KS 66612-1327.
The written record of each hearing must be preserved for three years and must be available for examination by the parties concerned or their representatives at any reasonable time and place during that period.
13000 Low Income Energy Assistance Program (LIEAP)
13100 Program Summary
The Low Income Energy Assistance Program (LIEAP) is federally funded assistance which helps qualifying households pay home energy costs through the issuance of a single annual benefit. The Kansas LIEAP program is defined as a "Heating Only" program based on federal program definitions and is designed to assist households with their winter heating costs. The benefit is to assist households in the purchase of home heating. To be eligible, applicants must meet the following criteria:
Combined income of all persons living at the address must not exceed 150% of the federal poverty level;
An adult household member must be personally responsible for purchasing heating fuel costs incurred at the current residence, payable either to the landlord or to the fuel vendor;
The household must meet citizenship or lawful residency requirements; and
The household must meet application requirements.
This section establishes the policies and eligibility criteria according to regulations governed by the U.S. Department of Health and Human Services, Office of Community Services.
A separate application, specifically for LIEAP, is used to determine eligibility due to the requirements for heating and cooling account numbers, fuel type heating systems and other unique information that is not available through existing system data. Completed applications will be accepted during the designated application period. While the start date will vary in any given year, the application period ends the last business day of March in the program year.
Information on how to apply on-line will be mailed to prior year LIEAP recipients, current TANF and Food Assistance recipients. The information will also explain how to get a paper application if that is their preference. Applications will also be available through local helping agencies, utilities and via on-line access.
Applications are submitted to the designated DCF Regional LIEAP processing office for eligibility determination.
Eligibility determination and benefit issuance uses a system on-line to EES Administration. Benefits are issued from EES Administration throughout the program. Households experiencing a fuel supply shortage, or an actual disconnect receive expedited processing according to federal requirements.
Due to significant differences in federal program purposes and regulations, households may be eligible for LIEAP but not TANF or Food Assistance or vice versa. For instance, if a TANF mother and her child live with other friends or relatives, the income from all persons is countable in determining LIEAP eligibility while TANF considers only the mother and child's income. In addition, TANF and other persons who live in subsidized housing may not meet the vulnerability requirements if their federally subsidized rental units include the heating energy costs in the rent subsidy.
13110 DCF Regional Office Responsibilities - Regional Directors are responsible for assuring that potential applicants have adequate access to program information. Activities may include:
Providing LIEAP application information to new food assistance and cash cases at intake from the beginning of the application period through the last business day of March;
Providing information and referral services to clients requesting information about applying for LIEAP benefits and/or submission of applications;
Developing processes for the handling of applications submitted to a local DCF office to assure timely submission to the DCF Regional LIEAP processing office.
13120 Agency Outreach Procedures - Information about how to apply for LIEAP and eligibility information will be mailed to prior year LIEAP recipients as well as current TANF and Food Assistance recipients. Statewide press releases will be issued during the program.
EES staff will provide LIEAP applications to all new applicants for Food Assistance and TANF during the LIEAP application period. EES staff will explain to the incoming clients that:
Energy assistance is an annual benefit which may be split between the home heating fuel provider and the electric cooling provider, and
All applications must be received by close of business (5:00 p.m.) last business day of March.
13130 Voluntary Outreach/Intake Services - Outreach will be provided to identified helping agencies/community organizations promoting access options available for clients wishing to apply for benefits.
13140 Definition of Primary and Secondary Heating Fuel - Primary heating fuel is the fuel used by the heating system built into the residence. Secondary heating fuel is the fuel used in any supplemental heating system or the energy needed to operate the furnace or stove. Examples of secondary heating fuel include the wood burned in a fireplace which supplements the household's heating needs, or the electricity used to operate a blower on a natural gas furnace. The household's primary fuel type is one factor which helps to determine the benefit level. Natural gas is also the fuel used most frequently by Kansas residents. If the furnace is unsafe, broken or red tagged by the utility, the primary heating fuel type will be based on the fuel currently used. Anytime an applicant indicates that the primary system consumes one of the higher cost fuels (electricity, propane, or wood), staff will contact the local gas provider to determine if there has been natural gas service to that address.
13150 Benefit Exemption for Other Programs - LIEAP benefits are exempt as income for all DCF programs and all federally funded programs or subsidies. This includes public housing programs subsidized by Housing and Urban Development (HUD) or Farmers Home Administration (FHA).
13200 Applications Processing
13210 Date of Application - An application signed by an adult household member must be received during the designated application period.
The application date is the date a signed paper application is received at the DCF Regional LIEAP processing office or the date a LIEAP online application is received with an electronic signature through the agency's self-service portal (SSP). An application filled out through the agency's SSP is not complete until it has been electronically signed, submitted and the system issued a confirmation number to the applicant. All eligibility requirements will be tested according to the current household situation. If the application lacks necessary information or verification alternatives are not available, staff will send a notice "Request for Information (RFI)" identifying the information needed to determine eligibility. If the applicant does not provide the requested information or verifications within ten calendar days, staff will process the denial, generating a system notice mailed to the applicant.
Households who apply during the last week of the application period will be given 10 days to provide any missing verification or other requested information. Initial applications received by DCF after the close of business (5:00 p.m.) on the last business day of March will be denied.
Faxed or emailed applications will be accepted as if they were original copies and contained original signatures. Applications submitted using either of these methods are subject to the same deadlines for submission. Applications submitted without a signature are not considered to be an application and will not be considered for eligibility until a signed application is obtained. Failure to receive a signed application by the close of business (5:00 p.m.) on the last business day of March results in the application not being considered.
13220 Priorities in Processing Applications - In order to meet federal requirements, applications are processed in the following order of priority:
Priority Applications - Two categories of priority applications exist. Households who have medical support equipment and disconnect as noted or households who have been disconnected are subject to an 18-hour processing window. Households who have exhausted or have a very low primary heating fuel supply, or have been notified of a disconnect that will occur within the next 48 hours from their gas or electric utility service are subject to a 48-hour processing window. In no case does the 18 or 48-hour processing window begin until all necessary information to determine eligibility is made available to DCF LIEAP staff. 18-Hour Priority – Hous eholds with medical support equipment must have an immediate pending shutoff (48 hours) or are already disconnected for their primary heating fuel system . Households without medical support equipment must already be disconnected to meet this priority. These households receive expedited "crisis" processing within 18-hours of receiving the application and complete information, including the signed signature page of the application. If the household also contains members using medical support equipment (e.g., dialysis machine, oxygen concentrator, intermittent positive pressure breathing machine, infant respiratory failure alarm), processing occurs within 18 hours of receiving the completed application. When an 18-hour priority application is received, eligibility is determined and telephone communication made to the energy provider, indicating the benefit level, expected day of issuance, and the type of payment mechanism. If the LIEAP benefit is insufficient to accomplish utility reconnection or provide a delivery of bulk heating fuel, or if the case is denied, the household is referred to other community resources for assistance. Upon receipt in the DCF Regional LIEAP processing office, the crisis applications are coded "18-hour priority." Eligibility is determined and data entry completed within 18 hours of receipt of the application and complete information. If an 18-hour-priority application is received on a Friday, efforts are taken to accomplish eligibility determination, communication with the provider, and data entry before 5:00 P.M. If such expedited processing is not possible, the prohibiting conditions will be documented. 48-Hour Priority – For households who have exhausted or have a very low primary heating fuel supply, or have been notified of a disconnect that will occur within the next 48 hours from their gas or electric utility service are subject to a 48-hour processing window. These households receive expedited "crisis" processing within 48 hours of receiving the application and complete information, including the signed signature page of the application. When a 48-hour-priority application is received, eligibility is determined and telephone communication made to the energy provider, indicating the benefit level, expected day of issuance, and the type of payment mechanism. If the LIEAP benefit is insufficient to accomplish utility reconnection or provide a delivery of bulk heating fuel, or if the case is denied, the household is referred to other community resources for assistance. Upon receipt in the DCF Regional LIEAP processing office, the crisis applications are coded "48 hour priority." Eligibility is determined and data entry completed within 48 hours of receipt of the application and complete information. If a 48-hour-priority application is received on a Friday, efforts are taken to accomplish eligibility determination, communication with the provider, and data entry before 5:00 P.M. If such expedited processing is not possible, the prohibiting conditions will be documented.
Second Priority Applications - all other applicant households that do not meet either the 18- or 48-hour definitions.
Timely and efficient payment of benefits will be assured by making an eligibility determination on each application in no more than 45 days after the date of the application. (Refer to 13210 .)
13230 Proof of Information Requirement - The applicant must provide the following verifications at the time of application:
The sources of all income received during the last 30 days from the application date by everyone living at the address.
Proof of all gross income anticipated to be received during the month of application except for: Temporary Assistance to Families (TANF), Supplemental Security Income (SSI), Social Security benefits, Kansas Unemployment Compensation (income levels from these sources will be verified by staff), and Interest income less than $50 per month.
Proof that the primary heating fuel consumed at the residence is purchased in the name of an adult household member or in the name of the landlord.
The account name and number of utility accounts.
Proof that the selected wood vendor is actually a "commercial" vendor, if not already known to the program. Acceptable verification will be the following: Advertisements published in phone directories or newspapers for the sale of wood, or previous tax returns showing reported income from the sale of wood.
Prudent person concept shall be acceptable in all other information supplied by the client.
If the application lacks required verifications or contains questionable information, the applicant is notified and given ten calendar days to provide the verification. Denial is made if the information is not provided within the time allowed.
13235 Safe at Home Program Applicants - The physical address of a participant in the Safe at Home (see Section 1723) program is not required for purposes of determining eligibility and benefit level. To ensure the address is protected, only the Safe at Home mailing address will be received and documented. In the event the physical address is provided or obtained, it will not be recorded or documented in the case file or within the agency. Staff will note in the case file that the client is a Safe At Home participant. A utility bill and/or utility account number for the primary heating fuel must be provided for energy vulnerability determination. A utility bill and/or utility account number must be provided for any other utility vendor to receive LIEAP benefits.
13240 Eligibility Notices - Households ineligible for assistance are informed of the reason(s) using a system generated notice.
Households eligible for assistance are informed of the benefit amount and expected date of receipt using a system generated notice.
13250 Appeal Procedures - This program follows TANF appeal procedures except that the request must be made within 30 days of the date of the benefit issuance or denial notice, if the concern is regarding assistance level or denial, or within 90 days of the application date if the concern is regarding timely processing. Refer to 1610 . Staff should submit any written appeal received to the LIEAP Site Manager. The Site Manager will mail the appeal to: Office for Administrative Hearings, 1020 S. Kansas Ave, Topeka KS 66612-1327.
13300 Eligibility Requirements
13310 General Eligibility Requirements - Recipients must be living in a Kansas county and legally capable of acting on their own behalf. Legally incapacitated persons are ineligible unless assistance is applied for by a guardian or conservator.
No household may receive LIEAP from the State of Kansas and from a Kansas tribal LIHEAP program during the same benefit year. United Tribes of Kansas and Southeast Nebraska and the Kickapoo Tribe of Kansas are the only Tribes administering a Low Income Energy Assistance Block Grant Program to Kansas residents who are Tribal members. Tribal members will be referred to their tribe to apply for energy assistance.
No person or household may receive a regular LIEAP benefit more than once in a program year.
Emancipated minors may receive assistance on their own behalf according to regulations
contained in 2112 .
13320 Household Definition - The LIEAP “"household" means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent.” Household members include individuals who are away from the home due to employment, e.g., truck drivers. A college student must live at home full-time to be counted as a household member. Students visiting home during semester breaks or over the summer cannot be counted as household members. If the student has any living facilities other than the home (e.g., live in a dorm room, rent a room, or an apartment), the student cannot be counted in the household. College students living in dorm rooms are ineligible for LIEAP. The following exceptions apply in determining household membership:
Paid live-in attendants are not considered household members if they provide child care, medical services, or housekeeper services for the applicant, necessary due to age or illness, even if the attendant is a relative, except when the attendant is a spouse or the parent of a dependent child(ren). Persons receiving care in the paid attendant's home are not considered household members, if the attendant is the applicant. If the applicant is the person receiving the care, the paid attendant will not be considered a household member, unless the attendant is the spouse.
In documented commercial room and board arrangements, a landlord and tenant living in the same dwelling are considered separate households. Multi-family benefit levels are issued in such boarding situations.
Individuals in congregate living situations who do not pay a fuel vendor directly for fuel are categorically ineligible, e.g., persons in dormitories, adult care facilities, and nursing homes.
The application shall include all persons that normally reside in the household. The income of all household members living together, is used to determine eligibility. If a household member is or turns eighteen in the month of application, his/her income is countable.
13330 Citizenship and Alienage Requirements - Households must contain at least one member who is a U.S. Citizen or "qualified alien." Applicants currently receiving Food Assistance, cash or medical assistance will categorically meet the alienage requirement for energy assistance. All other immigrant applicants must meet the alienage requirement by providing Immigration and Naturalization Services (INS) proof of lawful permanent residency. Qualified aliens include: legal permanent residents, refugees, asylees, individuals paroled into the U.S. for a period of at least one year, individuals whose deportation has been withheld, individuals granted conditional entry, and certain individuals who are victims of sexual harassment and survivors of domestic violence, sexual assault, or stalking. Alienage status appears on the back of the INS identification card. Document numbers which may indicate lawful permanent residency include, but are not limited to: I-94, I-256, I-551, I-571, I-688B, and I-766. Aliens who enter the United States temporarily with no intention of abandoning their residence in a foreign country are not eligible for LIEAP. See 2140 and subsections and Appendices A-1 & A-3 for guidance on aliens admitted for lawful permanent residence.
Household members who are not citizens or lawful permanent residents will not be considered in determining household size, although the income from such members will be counted in determining total household income. The "Systematic Alien Verification for Entitlements (SAVE) Program" may be used for verifying questionable INS cards.
13340 Energy Vulnerability Requirement - Applicants meet the energy vulnerability requirement by demonstrating responsibility for purchasing the primary heating energy at their current residence. In order to be eligible, the household’s residence must have measurable (metered) energy usage specific to the residence and the household must pay for energy through one of the following methods:
Household purchases primary fuel from a commercial provider using an adult household member's name.
Household pays the landlord for primary fuel costs included in the rent, or owed in addition to the rent. A copy of the lease detailing that utility costs are included in the rent must be provided.
Household pays a commercial fuel vendor for purchases billed to the landlord's account.
Properties with “shared” heating source (i.e. common boiler) that don’t have independent meters for each unit that can account for specific fuel usage are not energy vulnerable and therefore ineligible for a LIEAP benefit.
Homeless households currently living in emergency shelters or comparable circumstance meet the vulnerability requirement if they owe a debt for heating costs incurred at a prior Kansas address.
Households who cut their own wood do not meet the energy vulnerability requirement (even if wood is the primary heating fuel).
Renters in HUD Section 8 Voucher and Certificate Programs and some Farmers Home Administration Programs receive federal "deep subsidies" for rent. The household only meets the LIEAP energy vulnerability if it:
Pays current residence heating energy costs directly to a utility, or
Pays"excess" utility costs billed by the landlord for costs exceeding the normal monthly heating fuel consumption, or
Pays the landlord for the exact amount of a utility's actual billing.
Households living in subsidized housing where the heating fuel costs are included in their rent are not LIEAP eligible.
Renters living in other Farmers Home Administration (FHA) Projects receive more limited rental assistance and are not required to meet the above vulnerability tests.
13350 LIEAP Auto Issuance - Certain households are eligible to receive a LIEAP benefit without an application. This process of auto-issuance happens at the start of the LIEAP season before applications are accepted. KEES will look at all applicants from the prior LIEAP season and determine which of these households qualify for the auto issuance.
The following household criteria are used to determine if a case can be auto issued a LIEAP season benefit:
All household members are 62 or older.
The only income for household members is SSA, SSI, or KPERS, and at least one person has income.
The household received LIEAP in the previous LIEAP season.
The Primary Applicant is not deceased.
The Primary Applicant does not have an address out of state and has not moved since the last LIEAP season.
Auto issuance can be determined for three program years. After the third year, a household MUST apply in the next LIEAP season to redetermine their household’s eligibility. Notices are sent to the households that will fall out of auto issuance each season and will inform the household that they will need to apply.
If a household is auto-issued a benefit and it is later determined that the household was not eligible for auto-issuance, the payment must be canceled or returned to DCF. The worker will then attempt to contact the household and gather the needed information to issue a correct or new benefit. A new application is NOT required; however, the worker must gather current address, household composition, dwelling type, primary heating source in home, vendor name, and account number, and any income changes.
13360 Income Eligibility - The combined gross income of all persons living at the residence address shall not exceed 150% of the federal poverty level. (See 13362 .) Countable income includes earnings by adults, unearned income of adults and children, public assistance benefits, social security benefits, interest earnings and most other income. In determining income eligibility, gross income received or intended for the month of application is countable.
Regular income received on a monthly basis must be counted based on the monthly amount. Income received other than monthly (e.g., weekly, bi-weekly, etc.) must be counted based on an income conversion process. Income expected to be received (e.g., hourly rate x hours to be worked) must be converted to establish a standard amount of monthly income by multiplying income by 2.15 if paid every two weeks or bi-weekly, or by 4.30 if paid weekly.
Intermittent income must be counted in the month it is intended for, regardless of when it is received. Intermittent income is income that is received less than on a monthly basis, such as quarterly or semi-annually.
Self-employment income is considered using gross receipts minus a 25% standard deduction for expenses, except for instances where the client disagrees with the 25% standard deduction and requests the option of using actual income producing costs as a deduction from gross self-employment earnings in place of the standard deduction. An average monthly income will be established. Refer to 6313 and 7122 . Individuals on a LIEAP application may be "Deemed Income Eligible" if they have an active Food Assistance or TANF case in the month that they apply for LIEAP and the income reflected in the Food Assistance/TANF case has been verified. Any adults not deemed income eligible would be subject to income verifications as detailed earlier in 13360 . It is possible that the combination of countable verified income for those deemed income eligible and the income of any adults not deemed income eligible could still exceed the allowable income guidelines. Deemed Income Eligible individuals are still subject to all other eligibility criteria. Since gross income of all adult household members is a factor in determining the benefit level, verified countable income for each deemed income eligible individual in addition to countable income for any individuals not deemed income eligible must be determined to allow for the calculation of an appropriate benefit.
When a household member is on strike from employment, the striker's income is measured using the calendar month prior to the strike's onset. Income for all other household members will be considered for the month of application, except for self-employment as described above.
There are no asset or resource tests.
13361 Exempt Income - Only the following incomes are exempt in determining eligibility:
Achieving a Better Life Experience (ABLE) Act Accounts - Any amount (including earnings thereon) in the ABLE account or distributions from the ABLE account are exempt as income in the month received and as a resource in the following months;
Adoption Support, Foster Care and Permanent Custodianship Subsidy - Foster care and Permanent Custodianship Subsidy payments are exempt if the child(ren) is not included in the household. Adoption support payments are not exempt;
Agent Orange Settlement payments;
Alaska Native Claim distributions;
Aleut Income under Title II of P.L. 100-383;
Census Earned Income - The earned income of temporary census employees shall be exempt;
Charitable Donations - Any cash or in-kind donation based on need not to exceed $300 in any quarter starting in January, April, July or October which is received from one or more public or private nonprofit charitable organizations are exempt as income in the month received and as a resource in the following months. Amounts in excess of $300 shall be considered as countable unearned income;
Child Care subsidy benefits paid to a parent or caretaker to be used for purchasing child care;
Children with Spina Bifida Whose Parents are Vietnam Veterans payments pursuant to P.L. 104;
Combat Pay - Additional pay received by military personnel as a result of deployment to a combat zone is exempt. Refer to Policy Memo 05-03-01 for details on determining countable income for households with a member in a combat zone. Also, refer to Combat Zones Approved for Tax Benefits for a current list of combat zones;
Crime Victims Fund payments pursuant to P.L. 103-322;
Cryptocurrency;
Death Benefits - All Programs - Death benefits (OASDI, VA, RR, or other burial benefits) when used toward the cost of burial are exempt as income for the month received and as a resource in the following months. Payments occasioned by the death of another person to the extent that the payments have been expended or committed to be expended for purposes of the deceased persons last illness and/or burial. Such payments include, but are not limited to, proceeds from a life insurance or burial insurance policy, gifts, and inheritances. For the purposes of this provision, a person's last illness is defined as the illness which resulted in the person's death. Death resulting from injuries would not be considered in this definition. Medical expenses that can be reasonably attributed to the persons last illness shall be excluded in determining the amount of payment that is considered to be available. Documentation is required.
Disaster payments provided by federal, state or local governments or by disaster assistance organizations in conjunction with a presidentially declared disaster;
Earned income of child household members under age 18;
Earned Income Tax Credits - Earned income tax credits received as a lump sum refund are exempt as income in the month received and as a resource in the following twelve months;
Educational income - Any grant, scholarship or loan for educational purposes from any source including, but not limited to PELL grants, SEOG's, GLS's, Carl D. Perkins Vocational ACT grants, college work study, grants or loans from civic organizations, and private student loans from family or nonfamily members (Monies received as monthly living benefits from stipends or special programs such as Veterans Educational Income (GI Bill), Social Security to survivors based on educational participation, or to Native Americans through Tribal sources or Bureau of Indian Affairs shall not be exempt under this provision as they are not considered grants, loans, or scholarships.);
Family subsidy payments which are provided through the Mental Health and Developmental Disabilities Commission or Family Support payments provided through the Prevention and Protection Services Commission;
Filipino Veterans Equity Compensation fund - For certain veterans and the spouses of veterans who served in the military of the Government of the Commonwealth of the Philippines during World War II. The compensation fund offers one-time payments of up to $15,000 to eligible persons.
Foster Grandparent Program payments provided to volunteers;
Gifts - irregular, occasional or unpredictable monetary gifts not exceeding $50 per month;
Health Profession Opportunity Grants (HPOG) - The Patient Protection and Affordable Care Act (ACA) amended the Social Security Act to provide demonstration project authority to address health professions and workforce needs. HPOG was awarded to 32 entities, including State agencies, workforce investment boards, community-based organization and institutions of higher education. Section 5507 of ACA specifically excludes any aid, services, or incentives provided to an eligible beneficiary under the HPOG from being counted as income in determining eligibility and benefits for any means-tested program. In Kansas, the Kansas Health Profession Opportunity Project (KHPOP) meets this criteria, and any payments received from the program are exempt as income;
Holocaust Survivors Reparation payments paid by foreign governments;
Housing rental assistance including Section 8 utility allowances or other "negative rent" payments made to tenants of subsidized housing under HUD or FHA regulations;
Individual Development Accounts - monies deposited as authorized matching funds, accrued interest, or withdrawn funds for its intended purposes. See 6410 ;
Independent Living Foster Care Payments - Independent living payments are exempt as income for the independent living foster care child.
Indian monies: $2,000 Per Year - Up to $2,000 per calendar year of income received by individual Indians, which is derived from leases or other uses of individually-owned trusts or restricted lands pursuant to P. L 103-66 and P. L. 97-458 is exempt as income in the month received. For purposes of this provision, the exclusion of income shall be applied only to months for which an eligibility determination is being made. For income that is received monthly or more frequently, the exclusion shall be applied beginning with the first month of eligibility determination until the $2,000 limit is attained. For intermittent income situations, the income up to $2,000 shall be subtracted from total intermittent income for the appropriate period with the remainder prorated to determine the countable monthly amount. These payments are exempt as income in the month received and as a resource in the following months for the Food Assistance Program. Secretary of Interior - Any funds for an Indian tribe which are distributed or held in trust by the Secretary of the Interior (including Indian judgment funds), including interest and investment income accrued on money held in trust and initial purchases made with any funds distributed are exempt as income in the month received and as a resource in the following months. Contact with the Bureau of Indian Affairs will be necessary to verify that the funds are exempted or are another type of benefit that must be counted as income. Aroostook Band - Payments granted to the Aroostook Band of Micmac Indians under Public Law 102-171 are exempt as income in the month received and as a resource in the following months. Assiniboine Tribe - Payments awarded to the members of the Assiniboine Tribe of the Fort Belknap Indian Community or the Assiniboine Tribe of the Fort Peck Indian Reservation, received pursuant to P.L. 98-124 (enacted 10-83) are exempt as income in the month received and as a resource in the following months. Chippewa Tribe - Payments awarded to the members of the Red Lake Band of Chippewa Indians, received pursuant to P.L. 98-124 (enacted 10-83) are exempt as income in the month received and as a resource in the following months. Navajo and Hopi - Payments of relocation assistance to members of the Navajo and Hopi Tribes under P.L. 93-531 are exempt as income in the month received and as a resource in the following months. Ottawa Tribe - Payments received from the disposition of funds to the Grand River Band of Ottawa Indians (P.L. 94-540) are exempt as income in the month received and as a resource in the following months. Passamaquoddy Tribe - Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980 (enacted 10-83) are exempt as income in the month received and as a resource in the following months. Yakima Nation and Apache Tribe - Payments by the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation (P.L. 95-433) are exempt as income in the month received and as a resource in the following months.
In-kind income such as food assistance, commodity foods, school lunches, energy assistance or other assistance payable by a third party directly to a vendor rather than to the applicant;
Interest accrued from the interest-bearing accounts of children under 18;
Interest and Dividends Interest and dividends - If interest and dividends are received irregularly, are unpredictable and are less than $30 in a quarter, they are exempt. Interest to a Burial Fund - Interest credited to an exempted burial fund or to a prepaid burial space contract account is exempt as income in the month received and as a resource in the following months. See 5430 (9).
Japanese aliens - payments granted to certain United States citizens of Japanese ancestry and resident Japanese aliens under Title I of P.L. 100-383;
JTPA (Job Training Partnership Act) - unearned income received from this program (e.g., tool allowance, travel allowance);
Loans, including loans from private individuals as well as commercial institutions, including deferred educational loans;
Lump sums - Lump sum payments are exempt as income in the month received. A lump sum payment is defined as a nonrecurring one-time payment which, if received regularly, would be non-exempt. Classification as a lump sum is dependent on its unpredictability either in amount or time of receipt which prohibits consideration as intermittent income. Lump sum payments may be from (but not limited to) the following sources: Income tax refunds, rebates, or credits when paid as a lump sum benefit. Tax refunds are exempt as a resource in the following twelve months. Other payments, such as retroactive cash assistance, unemployment compensation, Social Security, SSI, or railroad retirement benefits. NOTE: Retroactive SSI benefits in an amount that equals or exceeds 12 times the federal benefit rate to an eligible SSI individual are paid in installments. The retroactive payments are paid in no more than 3 installments and are made at 6-month intervals. Since these installments replace what would have been paid as a single lump sum payment, installment payments for retroactive SSI benefits are exempt as income. If SSA requires that the SSI lump sum be placed in a separate account, the entire amount of the lump sum shall be exempt, including any portion of the lump sum that is for the current income month. Lump sum insurance benefit, including proceeds from crop insurance. Refunds of security deposits on rental properties or utilities. Bonus or severance pay paid in a lump sum after employment has been terminated. Retroactive child support rebate payments including CSS checks (URA) received by the client while the TANF case is in open status. VA pension benefit adjustments paid in a lump sum. Lump sum child support arrearage payments. Excess insurance payments received through the Medicaid Program. The one-time $250 Social Security, SSI, Railroad Retirement and Veteran's payments made as a result of the American Recovery and Reinvestment Act of 2009 (economic stimulus legislation). The legislation exempts these payments as income and also exempts them as a resource for the month of receipt and the following nine months. The $1,000 payment received in lieu of TANF benefits under the Diversion Payment Program Option described in 1118 . The payment is considered exempt as income and as a resource only in the month received. Gate money received by persons when they leave prison.
Mineral Rights and Oil Royalties - Mandatory deduction of severance taxes from mineral rights and oil royalty income shall not be included as income.
National Community Services Act - Payments received under Title I of the National and Community Services Act of 1990 (P.L. 101-610). Programs in Kansas funded under this Act are the Youth Service Crops programs operated through Donnelly College (Kansas City, KS), the Kickapoo Tribal Nation, the Topeka Youth Project and AmeriCorp. All payments are exempt except on-the-job training payments received by persons age 19 or over, or received by persons under the age of 19 who are not under the parental control of another household member;
Older Americans Act (All Programs) - Payments received via the Community Services Employment Program funded under Title V of the Older Americans Act of 1965. Kansas Programs funded under Title V include: Green Thumb, Project Ayuda (serving Wyandotte, Johnson, Douglas, and Shawnee counties), and the Senior Community Service Employment Program through the Midway Chapter of the American Red Cross (serving Sedgwick, Reno, Harper, Kingman, Butler, Cowley, Harvey and Sumner Counties);
PASS Plan (Plan to Achieve Self-Support) - Social Security Disability benefits received pursuant to a PASS Plan are exempt. Wages placed into a PASS Plan are also exempt;
Radiation exposure - Payments made under the Radiation Exposure Compensation Act. The law compensates individuals for injuries or deaths resulting from exposure to radiation from nuclear testing and uranium mining in Arizona, Nevada and Utah;
Refugee Resettlement Program Funds - Match Grant funding and Reception and Placement (R&P) funding provided to individuals by a refugee resettlement agency are exempt as income in the month received and as a resource in the following month.
Rehabilitation services payments by DCF Kansas Rehabilitation Services;
Reimbursements- Reimbursements for out-of-pocket expenses are exempt as income in the month received and as a resource only in the following month. Examples of exempt reimbursements are ones for job or training-related expenses such as travel, per diem, uniforms, and transportation to and from the job or training site. Reimbursements that are provided over and above the basic wages for these expenses are excluded; however, these expenses, if not reimbursed, are not otherwise deductible. Reimbursements for the travel expenses incurred by migrant workers are also excluded. Also exempt are medical and dependent care reimbursements, reimbursements to students for specific education expenses such as travel or books, and jury duty payments. To be exempt, these payments must be provided specifically for an identified expense other than normal living expenses and used for the purpose intended. When a reimbursement, including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses.
Relocation Assistance - Payments received under the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 are exempt as income in the month received and as a resource in the following months. The applicant's or recipient's equity in a home is to be disregarded to the extent that such equity was purchased with payments under the Uniform Relocation Act of 1970.
Renal Dialysis - Special incentive payments received for renal dialysis patients for care in their own home are exempt as income in the month received.
Repair or Replacement Payments - Income from a one-time payment or a portion of a one-time payment from a settlement for repair or replacement of property or other settlement, including legal services and medical insurance payments, when the settlement is used for the intended purpose within 6 months of its receipt. This income is exempt as income in the month received and as a resource in the following 6 months.
Repatriated Americans - Payments received from the Repatriated Americans Programs are excluded as income in the month received if the person receiving the payment is required to sign an agreement to repay the funds received. If this agreement is not signed, the payments must be counted as regular unearned income. (Refer to 1722 .)
Ricky Ray Hemophilia Act Fund - Payments made pursuant to the Ricky Ray Hemophilia Relief Fund Act, P.L. 105-364 are exempt as income and as a resource for all programs. The payment is a one-time amount of $100,000. NOTE: Interest earned on these exempt funds is not exempt as income. See 6220 #12.
Savings withdrawn from an IRA or 401K;
SCORE or ACE - Payments received through Service Corps of Retired Executives or Active Corps of Executives are exempt as income in the month received and as a resource in the following months.
Senior Health Aides - Payments received through Senior Health Aides or Senior Companions are exempt in the month received and as a resource in the following months.
Shared Living - In shared living arrangements, cash paid from one family to another toward the total cost of shelter is exempt as income in the month received. The portion of shelter costs paid shall not be an allowable expense for the family receiving the payment.
Summer EBT - The value of the benefits issued are exempt as income in the month received and as a resource in the following months.
Tax Refunds - Legislated tax rebates and refunds are exempt as income in the month received. Tax rebates issued via the Economic Stimulus Act of 2008 are exempt as income and a resource in the month received and exempt as a resource in the following two months.
Trust for a VA Child - Money for a child that is held in trust by the VA and determined by the VA unavailable for subsistence needs is exempt as income in the month received and as a resource in the following months.
VA Payments VA benefits resulting from unusual medical expense (UME) deductions are exempt as income in the month received. NOTE: See Educational Income (above) regarding the treatment of VA educational income. Benefits paid to children of Vietnam veterans who are born with spina bifida pursuant to Public Law 104-204 are exempt as income in the month received and as a resource the following months. Benefits paid to children of women Vietnam veterans born with certain birth defects pursuant to Public Law 106-419 are exempt as income in the month received and as a resource the following months.
Vendor Payments - Money payments that are not payable directly to a household but are paid to a third party for a household expense are vendor payments and exempted as follows (See 6220 (9) for countable vendor payments.): A payment made in money on behalf of a household shall be considered a vendor payment whenever a person or organization outside of the household uses its own funds to make a direct payment to either the household's creditors or a person or organization providing a service to the household. For example, if a relative or friend, who is not a household member, pays the household's rent directly to the landlord, the payment is considered a vendor payment and is not counted as income to the household. Similarly, rent or mortgage payments, made to landlords or mortgages by HUD or by state or local housing authorities, are other examples of vendor payments and are also exempted. Public Assistance payments or other assistance payments financed by state or local funds which are not made directly to the household but paid to a third party on behalf of the household to pay a household expense shall be considered an exempt vendor payment and not counted as income to the household if such payments are for: Medical assistance; Child care assistance; Housing assistance payments made to a third party on behalf of a household residing in temporary housing, if the temporary housing provided for the household lacks facilities for the preparation and cooking of hot meals or the refrigerated storage of food for home consumption. Public Assistance or other assistance vendor payments financed by state or local funds which are made on behalf of migrants in the labor stream are exempt and not counted as income regardless of the purposes of the vendor payments. Payments in money that are not made to a third party, but are made directly to the household, are counted as income and are not excludable as vendor payments. Public Assistance payments or other assistance financed by state or local funds that are provided over and above the normal Public Assistance grant or other assistance payment and would not normally be provided in a money payment to the household shall be considered emergency or special assistance and exempted as income if provided directly to a third party for a household expense. This rule applies even if the household has the option of and receives a direct cash payment.
VISTA - AmeriCorps - Any payments received through the VISTA program are exempt as income in the month received.
Work Employment Programs Payments - The values of any services or monies received for support or transitional services paid directly to the client through work programs as defined in KEESM 3400 are exempt as income in the month received. In addition, irregular monies and/or lump sums received as incentive payments for participation in approved work activities shall be exempt as income for TANF, Child Care, LIEAP and Food Assistance purposes. Programs include but not limited to: Head Start/Early Head Start programs, supervised job placement programs, life skill classes, special disability and/or addiction treatment programs.
Work Opportunities Reward Kansans Payments (WORK) - Allocation payments made to individuals under an approved WORK Plan for Independence are considered a reimbursement and are exempt as income for all programs. All payments are also exempt as a resource in the month received. Funds retained following the month of receipt are exempt as a resource if such funds are maintained in an allowable WORK checking or savings account per 8400. Funds moved to non-approved accounts lose exempt status and are countable.
Workforce Investment Opportunity Act (WIOA) - Income received from the Workforce Investment Opportunity Act of 1998 (WIOA) is exempt as income with the exception of on-the-job training program payments and paid work experience received by persons 19 or older. On-the-job payments and paid work experience received by persons under 19 are exempt as income.
Youth Service Corps - Payments provided through Youth Service Corps are exempt in the month received.
13362 Income Guidelines - The gross income (before deductions) of all persons living at the residence address is considered in determining household income. The following eligibility limits represent 150% of the federal poverty level:
Number in Household One Month Income at 150% of Poverty Level 1 $1,956 2 $2,644 3 $3331 4 $4,019 5 $4,706 6 $5,394 7 $6,081 8 $6,769 For each additional person $688
13400 Benefit Levels And Payment Methods
13410 Benefit Levels - Annual benefit levels vary each year according to the federal block grant funds appropriated for energy assistance. The benefit levels also vary depending upon household income, type of dwelling, type of primary heating fuel, household size, and the household's utility rates. Benefits are based on the amount of funding received and could be terminated at any time in which funding is exhausted or unavailable.
13420 Payments
13421 Payments Methods - Applicants have the flexibility of selecting which vendors are paid according to the following options:
The entire annual benefit may be issued to the primary heating vendor. If the applicant indicates "Pay all to my primary heating vendor" and only provides information about their electric vendor; staff must research to see if there is a natural gas or propane heating system for the address in question. If there is, and an account exists in any adult household member's name then the benefit will be split between the primary and secondary vendors or
The household may elect to split the benefit with half going to the primary heating vendor and half to a secondary energy vendor. Households having difficulty paying their electric account in the summer should be encouraged to split their annual energy benefit between their heating fuel provider and their cooling provider, or
If neither option is selected, the entire benefit amount will be issued for the purchase of the primary heating fuel.
The billing name on any vendor accounts paid must be in the name of an adult household member.
13422 Payment Mechanisms - Benefits are paid using the following payment mechanisms:
Credit on Utility Account - The utility account is credited using an electronic match process if the vendor is setup to receive LIEAP payments through electronic fund transfers. These households are notified three times that the benefit has been credited to the account: The DCF Notice of LIEAP Eligibility indicates that "the benefit will appear as credit on your next utility bill," the utility bill posts the credit as "DCF-Low Income Energy Assistance Program benefit," and the utility bill contains a stuffer announcing "The enclosed bill reflects a credit resulting from your DCF LIEAP benefit."
In order to make accurate electronic payments to the vendors receiving payments via electronic funds transfers, both the case name and utility account number entered must match identically to the utility billing information. If the utility is unable to match the DCF information to their client accounts, the payment will be rejected by the vendor and returned for correction by the DCF Regional LIEAP processing office.
Check Payable to the Vendor - A check or ACH payment is sent on behalf of the recipient directly to the energy vendor or their financial institution for the benefit of the recipient if the household makes energy payments to a gas, electric, or deliverable propane vendor other than one of the vendors receiving their payment via electronic funds transfers.
Check Payable to Household - A check is issued to the household in the following circumstances: The household pays its landlord for energy costs either in the unsubsidized rent or in addition to the unsubsidized rent; The household lives in subsidized housing and is billed an energy surcharge for "excess" heating costs (additional costs other than the normal heating costs which are paid by the HUD utility allowance); or The household utilizes a primary fuel type other than those listed in Item 2. Examples include: pellets, propane bottles, kerosene, etc.
13430 Allowable Uses - Benefits may be applied against utility deposits, disconnect/reconnect fees, bulk fuel delivery charges (including system safety checks), and past, current or future energy costs. Federal law prohibits using the benefits for appliances, water, sewer, trash or other services or goods which the vendor may sell.
13440 Reserved
13450 Overpayment Adjustments - Recovery efforts are made against overpayments resulting from applicant misrepresentation or agency error. The household is advised of the overpayment at the time it is identified. Agency first attempts to recover funds directly from the vendor paid on behalf of the household. Failing that, the household is given the option of paying any remaining balance through monthly installments or lump sum repayment. If neither recovered directly from vendor or fully repaid by household prior to issuance of future benefits, overpayments up to the amount of the overpayment or the future benefit whichever is less until overpayment is fully recovered are withheld automatically at issuance. Referral to the Area Fraud/Recoupment Office is made if the misrepresentation appears to have been intentional.
Overpayments are entered into KEES where the status is tracked form year to year. Client payments received by LIEAP staff are posted as a repayment transaction in KEES. The funds are then deposited into the LIEAP fund. Any overpayment balances still owed will be recouped from subsequent benefits until the balance is repaid. Overpayment activity and status may be reviewed at any time by checking the recovery account status in KEES.
Households are exempt from overpayment recovery when all of the following circumstances are met:
Recipient is deceased, mentally incapacitated, or now living in nursing home,
Household is unable to repay through existing resources, and
Debt setoff or other automatic collection process is not possible.
13500 The Kansas Weatherization Assistance Program (K-WAP)
The Kansas Weatherization Assistance Program (K-WAP) operates year round from April to March. Eligibility income guidelines for LIEAP funded weatherizations are the same as LIEAP. Eligibility income guidelines for Department of Energy funded weatherizations are 150% of the federal poverty or 60% of the state median income, whichever is greater. Households are automatically eligible if one person is receiving TANF or SSI. There is no resource test. The elderly, disabled, or those with at least one child in the home are identified as a special population which deems them a priority when a waiting list for services develops. Emergency situations also receive priority e.g., furnace tests positive for carbon monoxide).
Up to 15% of the LIEAP block grant may be allocated to the low income weatherization program in Kansas. LIEAP recipient energy consumption levels are provided to weatherization to target services to those with the greatest energy consumption. Weatherization services and materials may include: weatherization needs assessments/audit, caulking, insulation, storm windows, etc., furnace/heating system modifications/repairs, furnace replacement, and cooling efficiency mods/repairs/replacement. Landlords are required to partially pay for furnace replacements. Exemptions are allowed for low-income landlords, public housing, and emergency shelters. Interested persons may call the toll-free Housing Information Line at 1-800-752-4422.