060 Definitions Relating to AFDC

PURPOSE: This rule defines certain require- ments in determining eligibility for Aid to Families with Dependent Children. (1) Continued absence from the home is defined as absence resulting from any one (1) of the following reasons: divorce; desertion; separation; confinement in a penal, medical or custodial institution; physical restoration; or training program developed by vocational rehabilitation if the plan necessitates absence from the home of the parent. (2) Home is interpreted to mean a family set- ting maintained or in the process of being established as evidenced by the assumption or continuance of responsibility for the child. Usually the child shares the family household with the parent or relative. A home exists as long as the parent or relative takes responsi- bility for the care and control of the child, even though circumstances may require tem- porary absence of either the child or the par- ent (or relative) from the customary family setting. (Original rule filed Feb. 20, 1947, effective March 2, 1947.) (3) The statement physical or mental defect, illness or disability exists which prevents the parent from performing any substantially gainful activity means that the incapacity is expected to last at least thirty (30) days and is of a debilitating nature as to substantially reduce or eliminate the parent’s ability to support or to care for the child considering the limited employment opportunities of handicapped individuals. This will be met under the following circumstances: (A) Incapacitated parent working for an employer—the family is eligible if it can be determined that, because of his/her incapaci- ty, the parent is working substantially less time on the job than an able-bodied person would spend or that s/he is working for a sub- stantially lower wage rate than the usual wage paid for the type of work being done; (B) Incapacitated parent who is self- employed—the family is eligible if it can be determined that, because of his/her incapaci- ty, s/he cannot perform the major activities which his/her job requires; (C) Incapacitated parent who is unem- ployed—the family is eligible if it can be determined that, because of his/her incapaci- ty, s/he is prevented from engaging in full- time employment on a regular basis at the normal wage rate for that employment; and (D) The parent is receiving Old Age Sup- plemental Disability Income or Supplemental Security Income benefits on the basis of dis- ability or blindness. (Original rule filed Oct. 24, 1949, effective Nov. 3, 1949. Amended: Feb. 6, 1975, effective Feb. 16, 1975.) (4) The relative with whom a dependent child shall be living in order to be eligible for Aid to Dependent Children (ADC) assistance as set forth in section 208.040, RSMo shall be construed to include, in addition to the rela- tives specifically named in the act: stepfather or stepmother (but not their parents); adop- tive father or adoptive mother; grandfather- in-law or grandmother-in-law (meaning the spouse of a second marriage of one the child’s natural grandparents); great-grandfa- ther or great-grandmother; brother or sister of half blood; adoptive brother or adoptive sister; brother-in-law or sister-in-law; uncle or aunt of the half blood; uncle-in-law or aunt-in-law; great-uncle or great-aunt (including great-great-uncle or great-great- aunt); and other relatives by adoption, in addition to those specifically mentioned here, may be considered eligible payees within the same degree of relationship as apply to blood relatives. The natural relatives of an adopted child also continue to be eligible payees. As provided in section 208.043, RSMo, a legal guardian of a child also may serve as a payee (3/31/22) JOHN R. ASHCROFT 13 CSR 40-2—DEPARTMENT OF SOCIAL SERVICES Division 40—Family Support Division for ADC and if the legal guardian is other- wise eligible may be eligible for a cash pay- ment. (Original rule filed Sept. 19, 1973, effective Sept. 29, 1973.) (5) An unemployed parent as used in section 208.041, RSMo is defined as a natural or adoptive parent who meets all of the follow- ing criteria: (A) The parent must be the principal earn- er. This can be determined by whichever par- ent, in a home in which both parents of that child are living, earned the greater amount of income in the twenty-four (24)-month period, the last month of which immediately precedes the month in which assistance is requested due to the unemployment of a parent. 1. If primary evidence of earnings for this period cannot be secured, the division shall designate the principal earner, using the best evidence available. 2. The earnings of each parent are con- sidered in determining the principal earner regardless of when their relationship began. 3. The principal earner so defined remains the principal earner for each consec- utive month for which the family receives the aid on the basis of application. 4. If both parents earned an identical amount of income (or earned no income) in the twenty-four (24)-month period, the divi- sion shall designate which parent shall be the principal earner; (B) The parent must be employed less than one hundred (100) hours a month; or s/he can exceed that standard for a particular month if the work is intermittent and the excess is of a temporary nature as evidenced by the fact that s/he was under the one hundred (100)-hour standard for the prior two (2) months and is expected to be under the standard during the next month; and (C) The parent who is unemployed must not be unemployed as a result of participation in a strike. AUTHORITY: section 207.020, RSMo 1986.* Filing dates for original rules are shown in the text of the rule. This version filed March 24, 1976. Amended: Filed June 1, 1977, effective Sept. 11, 1977. Emergency amend- ment filed June 1, 1977, effective July 1, 1977, expired Oct. 31, 1977. Amended: Filed June 29, 1977, effective Oct. 13, 1977. Emergency amendment filed Nov. 21, 1979, effective Dec. 1, 1979, expired March 12, 1980. Amended: Filed Nov. 21, 1979, effec- tive March 13, 1980. Emergency amendment filed July 10, 1980, effective July 20, 1980, expired Oct. 10, 1980. Amended: Filed July 10, 1980, effective Oct. 11, 1980. Amended: Filed Feb. 9, 1981, effective May 11, 1981. Emergency amendment filed July 12, 1982, effective July 22, 1982, expired Oct. 10, 1982. Amended: Filed July 12, 1982, effec- tive Oct. 11, 1982. Amended: Filed June 17, 1983, effective Oct. 13, 1983. Amended: Filed Jan. 30, 1991, effective July 8, 1991. Amended: Filed July 15, 1991, effective Nov. 31, 1991. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986. Rist v. Missouri State Division of Family Services, 595 SW2d (Mo. App. 1980). DFS Income Maintenance Manual required denial of benefits to recipient because she was attending school outside her district. Since this guideline was inconsistent with pertinent provisions of the Social Security Act, the guideline must fall.