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MISSISSIPPI

Volume III | Chapter 1

[GENERAL: INTRODUCTION]

Revised 06-01-06

LEGAL AND FUNDING BASE The following cited laws and regulations set forth basic guidelines used to develop detailed policies and procedures set out in this Volume III, TANF Policy Manual. Temporary Assistance for Needy Families (TANF) The Temporary Assistance for Needy Families (TANF) Program is authorized by Title IV of the Social Security Act as amended by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 (Public Law 104-193) and found in the Code of Federal Regulations, Title 45 beginning with Part 200. The TANF Program is administered through the United States Department of Health and Human Services, Administration for Children and Families. The Mississippi Department of Human Services is the agency designated by state law to administer the TANF Program. The TANF Program is authorized in the Mississippi Code of 1972 Annotated, in Title 43, Chapters 1 and 17. The TANF Program includes the TANF Work Program (TWP) with specific work-related requirements, exemptions and sanctions. TANF eligibility requirements and TWP requirements are addressed in State law at 43-17-5. Under the federal and state laws, TANF benefits are time limited, mandating that families move quickly into work activities leading to self-sufficiency. The TANF Program is designed to: ∙ provide TANF payments assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; ∙ end dependence of parents/caretakers on public assistance by promoting job preparation, work and marriage; ∙ encourage the formation and maintenance of two-parent families; and ∙

prevent Program fraud and abuse. The specific time limits under which families may receive assistance under the TANF Program as funded under the federal PRWORA, Title IV-A, and State law at 43-17-5 are as follows: ∙ Temporary assistance to needy families that include an adult is limited to a maximum of 60 months, whether or not consecutive, unless excluded within the 20% exemption criteria. ∙ The parent or needy caretaker in the assistance unit must be engaged in an approved work activity (defined by the State) as soon as he/she is determined ready to engage in work. In no case shall the

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adult in the TANF Program receive assistance for more than 24 months within the countable 60 months, whether or not consecutive, unless assigned to and participating satisfactorily in an approved work activity. The State may exempt no more than 20% of the TANF recipient families from the 60 month maximum benefit and work requirement limits, except as allowed by law in regard to cases 1000

consisting only of minor children, hardship, etc. The State’s 20% exemption will include the elderly caretaker relative whose needs are included in the assistance unit, cases in which the parent(s) are incapacitated, cases in which the adult is exempt from work because of caring for a severely incapacitated/ill household member, or cases in which the adult (or child) is suffering hardship because of sexual, mental or physical abuse or battery. Administrative and benefit costs of TANF payment assistance and the TANF Work Program (TWP) are funded by the federal TANF Block Grant and State Maintenance of Effort (MOE) monies. Formulas for determining the amount of the TANF Block Grant and State MOE requirements are defined in PRWORA. NOTE: The Block Grant TANF Program replaced the Aid For Families with Dependent Children (AFDC) federal/state match Program in Mississippi effective October 1, 1996. Related Programs The legal base and funding for other MDHS programs associated with TANF include: Child Support Cooperation with child support enforcement requirements as a condition of TANF eligibility is mandated at both the federal and state level as found in PRWORA and in State statute in Title 43, Chapter 19. The Division of Economic Assistance refers appropriate TANF cases to the Division of Child Support Enforcement. Refugee Assistance Money payments for certain individuals who are not eligible for TANF are authorized and funded through the Refugee Assistance Act for Refugee Cash Assistance (RCA). These services are provided with federal grant monies. MISSISSIPPI [ GENERAL: INTRODUCTION ]

Revised 06 - 01 - 06

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1001 Volume III | Chapter 1 [GENERAL: NONDISCRIMINATION COMPLIANCE]

Revised 06-01-06

FEDERAL LAWS PROHIBITING DISCRIMINATION The Mississippi Department of Human Services is an equal opportunity service provider and employer. No program, applicant or recipient shall be discriminated against in any aspect of MDHS administration including, but not limited to, the initial and continuing eligibility determination process, the authorization of benefits, access to hearings, and any other service for reasons of race, color, national origin, gender, disability, religion or political beliefs. Civil rights laws and regulations on which compliance is based include Title IV of the Civil Rights Act of 1964, implementing regulation at 45 C.F.R. Part 80; Section 504 of the Rehabilitation Act of 1973, implementing regulation at 45 C.F.R. Part 84; and Title II of the Americans with Disabilities Act (ADA), implementing regulation at 28 C.F.R. Part 35. Title IV prohibits discrimination based on race, color or national origin. Section 504 of Title II of the ADA prohibits discrimination based on disability. HOW TO FILE A DISCRIMINATION COMPLAINT Individuals who believe that they have been discriminated against because of age, race, color, sex, handicap, religion, national origin or political belief may file a written complaint with the Office of Civil Rights (OCR), or with the State Agency. An explanation of both the OCR and the State Agency complaint system shall be given to each individual who expresses an interest in filing a discrimination complaint, and he shall be advised of the right to file a complaint in either or both systems. 1. Complaints should contain the following information to facilitate investigations: a. The name, address, and telephone number or other means of contacting the person alleging discrimination. b. The location and name of the organization, individual or office accused of discriminatory practices. c. The nature of the incident, action, or the aspect of program administration that led the person to allege discrimination. d. The reason for the alleged discrimination (race, age, color, sex, disability, religion, national origin or political belief). e. The names, title (if appropriate), and addresses of persons who may have knowledge of the alleged discriminatory acts.

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1010 06 f. The date or dates on which the alleged discriminatory actions occurred. g. The provision for the complainant to select whether the complaint will be investigated by OCR, the State Agency, or both. 2. If the client makes verbal allegations and is unable or reluctant to put the allegations in writing, the person to whom the allegations are made shall document the complaint in writing. Every effort shall be made to obtain information specified in Item 1 above. 3. If the person making the complaint chooses to remain anonymous, the person to whom the complaint is made will document the problem or circumstances as described by the complainant including as much information as possible as listed in Item 1 above. The person recording the complaint will sign and date the documentation. 4. When agency staff receives and documents complaints as described in Items 2 and 3 above, that person will immediately alert his immediate supervisor or county director for further handling. 5. Complaints should be filed as soon as possible from the date of alleged discrimination. Reasons for delay in filing a complaint should be included when more than a reasonable time has elapsed between the occurrence and the complaint. WHERE TO FILE A DISCRIMINATION COMPLAINT An individual has the right to file a discrimination complaint with MDHS or the Department of Health and Human Services (HHS), Office of Civil Rights (OCR), or both. The person accepting the complaint must fully explain all options to the person filing the complaint. Complaints may be made directly to the State Agency or the HHS, OCR, or both. The individual may mail his written complaint to the county or State MDHS Office or to the Office of Civil Rights, Region IV, Atlanta Federal Center, 61 Forsyth Street, S.W., Suite 3870, Atlanta, GA 30303-8909. RESPONSE TO DISCRIMINATION COMPLAINTS Office of Civil Rights Complaints made to the Federal Agency will be reviewed and investigated by OCR. MISSISSIPPI

[GENERAL: NONDISCRIMINATION COMPLIANCE] Revised 06-01-

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Volume III | Chapter 1 [GENERAL: NONDISCRIMINATION COMPLIANCE]

Revised 06-01-06

County Office Complaints received in the county office will be immediately forwarded to the State Office with a copy of the complaint to the Regional Office. The State Office will acknowledge receipt of the complaint to the complainant within five (5) working days. A copy of the acknowledgment will be mailed to the county office and regional office. State Office Complaints received in the State Office will be logged in by the Office of Field Operations and referred to the county and regional offices for investigation. The State Office will acknowledge receipt of the complaint to the complainant within five (5) working days. A copy of the acknowledgment will be mailed to the county office and regional office. Based on the analysis of the complaint, one of three (3) situations will occur: a. Referral: cases received that required no action; cases in this category will be considered closed at this point. b. Age discrimination: cases will be forwarded to the Regional OCR. c. Investigation: cases that contain alleged violations in the TANF program, a prohibited basis of discrimination and an adverse action, as determined by the complainant. An onsite investigation must consist of an interview with the complainant. The investigation may be discontinued at this step if the complainant indicates that discrimination did not occur; that he/she understands how the case was handled; does not wish to pursue the complaint; or withdraws the complaint. The person conducting the investigation should obtain a signed statement from the complainant at this point. The signed statement should be included with the investigative report. If investigation is necessary to substantiate or refute the allegations, the following steps will be taken in addition to the interview with the complainant: (1) review of the complainant’s case file; (2) review of other similarly situated case files concluding with not less than ten percent of the random number of similar case files from the total number of case files in either a caseload or from the applicant pool; (3) interviews with management in the county office; (4) interviews with relevant witnesses and other applicants/participants; and (5) interviews with representative of grassroots/advocacy organizations, if warranted. 1012 1011

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1020

MISSISSIPPI [GENERAL: VOTER REGISTRATION REQUIREMENTS]

VOTER REGISTRATION The National Voter Registration Act (NVRA) of 1993 contains provisions which made it easier for individuals to register to vote in all elections. Under this Act, all agencies in a state that provide public assistance are designated as a voter registration agency. The following services must be provided by a voter registration agency: 1. Distribution of voter registration application forms and declination forms to applicants/recipients of agency assistance; 2. Assistance in completing voter registration application forms unless the applicant/recipient refuses such assistance; and 3. Acceptance of completed voter application forms for transmittal to the county Circuit Clerk for processing within five days of receipt by the agency. The NVRA prohibits any person providing voter registration services from: 1. Seeking to influence an applicant’s political preference or party registration; 2. Displaying any political preference or party allegiance; 3. Discouraging registration; 4. Implying in any way that the availability of Agency services or eligibility for benefits is dependent upon voter registration; or 5. Disclosing any applicant’s voter registration information except as needed for the administration of NVRA or identifying the agency’s name on the application form. Agency Responsibilities Each voter registration agency must provide each applicant/recipient the opportunity to register to vote or to update a voter registration record by offering the Mississippi Voter Registration Application form and declination form at the time of each: 1. application or reapplication, 2. recertification/reevaluation, and 3. report of change of address. When providing the applicant/recipient the opportunity to register to vote, the applicant must be verbally asked “If you are not registered to vote where you live now, would you like to apply to register to vote here today?”

MISSISSIPPI

[GENERAL: VOTER REGISTRATION REQUIREMENTS] Revised 03 - 01 - 11

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1021

Revised 03-01-11 Any applicant or recipient who contacts the worker to request an application, either in person or by phone, will be provided a voter registration form and declination form (see discussion of the declination form below). If the household requests that an application form be mailed, a voter registration form and declination form must be mailed along with the application. If the client who initiates an application or recertification by mail or telephone later comes into the office for the face-to-face interview, voter registration services must also be provided at that time. Assistance in completing the voter registration forms must be offered in the same manner as an application for agency assistance. Clients must clearly be provided the option to either complete the registration form in the office or take the form with them to complete at a later time. Caseworkers, though, should encourage clients who check “yes,” or otherwise say they’d like to register to vote, to complete the application on site to ensure timely delivery to the Circuit Clerk. Households that do not complete the forms in the office may either hand deliver or mail completed forms to the county Circuit Clerk’s office or return the forms to the MDHS county office. Clients should be informed that completed voter registration forms will be submitted to the county circuit clerk within five (5) business days of completion or from the date received by the county office. During the application process, if the individual completes and signs the voter registration form, the date of signature must be entered on the MAST screen in MAVERICS. See “Declination Forms” below for procedures when the client declines the opportunity to register to vote. Whenever a client contacts the county office by phone or in person to report a change of address, a voter registration application must also be provided. If the report is made by phone, a voter registration application must be mailed to the household. When the form is used to update voter registration, Section II of the form, along with all other sections of the registration form, must be completed. Declination Forms Regardless of whether or not a client wishes to register to vote, a voter Declination form must be completed by the client. This form indicates if a client wishes either to register or not register to vote. Workers should remind clients that this form is for voter registration purposes only and in no way affects their application for benefits. Completion of the declination form should be handled as follows: 1. The client should check the box next to the appropriate answer to the question of whether he or she wishes to register to vote.

Volume III | Chapter 1

MISSISSIPPI [GENERAL: VOTER REGISTRATION REQUIREMENTS]

Revised 10 - 01 - 11

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1023

Site Coordinator Duties and Responsibilities The County Director or his/her designee will serve as Site Coordinator to ensure that voter registration services are successfully administered. Responsibilities of the Site Coordinator include the following: • maintain adequate supplies of voter registration applications, declination forms, transmittal forms, training materials, and posters • train new or reassigned employees on voter registration duties immediately upon hiring or reassignment and ensure re-training twice annually • monitor and resolve any issues relating to the voter registration process • ensure the timely and accurate transmittal of completed voter registration applications to the county circuit clerk within 5 business days of completion by the client • communicate with local and state election officials to ensure that materials are current • contact State Operations concerning any issues or problems regarding the voter registration process • serve as contact person on voter registration matters for state and county election officials • on a weekly basis, review completed voter registration applications and declination forms to ensure the forms are completely filled out. Ensure that the county office name is noted in Section I of the voter registration application. • display NVRA posters in the office’s lobby NOTE: Regional Directors shall monitor county voter registration activities to ensure that NVRA guidelines are being met. The Site Coordinator is responsible for supervising the daily voter registration activities at the location. The Site Coordinator should be well trained in the registration practices required of the agency. The Site Coordinator should monitor agency activities and quickly work with employees to resolve any noted deficiencies. The Agency Coordinator will review the data compiled by Site Coordinators from the NVRA Data Reports on a monthly basis to determine whether offices are performing their NVRA responsibilities. If a review of the numbers indicates that an office is underperforming in its obligations, as required by the NVRA training manual, the Agency Coordinator shall require the MISSISSIPPI [ GENERAL: VOTER REGISTRATION REQUIREMENTS ] Revised 03 - 01 - 11

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Volume III | Chapter 1

MISSISSIPPI

[GENERAL: VOTER REGISTRATION REQUIREMENTS] Revised 03-01-11 Site Coordinator to take immediate action and submit a report on such follow-up measures within a month of being notified by the Agency Coordinator. The Agency Coordinator shall forward copies of all such communications to the Secretary of State’s office. If the Agency does not take appropriate remedial measures, the Secretary of State shall perform an audit of the office’s voter registration practices. NVRA performance should be included in all employees’ evaluations. NVRA Reporting County offices will be responsible for submitting all voter registration applications to the county circuit clerk’s office within five (5) business days of completion of the application. This includes any applications completed to update an existing registration. Attachment C, NVRA Transmittal Form, should be used to submit the applications to the circuit clerk. The timely delivery of voter registration applications is extremely important to ensure that all individuals are properly registered to vote. When submitting voter registration applications to the county circuit clerk’s office, please use the following procedure: • All fields on the NVRA Agency Voter Registration Application Transmittal Form should be completed, with a copy of the form retained in an office administrative file. • The transmittal, along with all voter registration applications, should be placed in a secure and sealed envelope. Date of birth, social security numbers, telephone numbers and the agency of registration are confidential and should be kept from public view. • For every Mississippi election, the voter registration deadline falls 30 days prior to the election. County office staff should be aware of these deadlines and transmit applications as soon as possible when a registration deadline is near. In order to meet NVRA reporting requirements, special coding must be entered on the Marital Status (MAST) screen in MAVERICS to capture voter registration activity. Coding entered on MAST will indicate the date of voter registration for the household member being interviewed, when the registration took place (either at application, reevaluation, or when the household reports an address change), and whether or not the client checked “yes” or “no” on the declination form (or left the form blank). Using this MAST coding of voter registration activity, Management Information Systems (MIS) will produce the “NVRA Data Report” to be submitted by State Operations via email to the Mississippi Secretary of State’s office. This monthly report will indicate the date of actual voter registration, not the MAVERICS system month, in which the registration occurred.

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Volume III | Chapter 1 MISSISSIPPI

[GENERAL: VOTER REGISTRATION REQUIREMENTS] Revised 03-01-11 Example: At recertification interview on March 5th for the new certification period beginning in April 2011, the 35-year-old PI wishes to register to vote. The PI checks “yes” on the declination form and fills out and signs the voter registration form on the date of interview. On the MAST screen, the worker enters the NVRA date of 03/05/2011, along with the NVRA “type” code of “R” to indicate registration occurred at recertification/reevaluation and the NVRA code of “Y” that the client indicated on the declination form that he/she wished to register to vote. Even though the system month at the time of voter registration is April 2011, the application is considered to have occurred in March 2011 and the form will be included in the applications submitted to the circuit clerk’s office during the month of March. The NVRA Data Report will reflect that voter registration associated with this case occurred in March. EXAMPLE: The PI reports in person on April 27 that the household has moved. Based on this reported change, the PI is offered the chance to update voter information and fills out the voter registration form including the section used to update the household’s address. The county worker will access the MAST screen in the current system month of June and enter the NVRA date 04/27/2011, the NVRA “type” code of “C” to indicate an address change and the NVRA code “Y” to indicate the client’s desire to be registered at the new address. Though the change of address is documented in the system month of June, the change is considered to have occurred in April and the form will be included in the applications submitted to the circuit clerk’s office during the month of April. The NVRA Data Report will reflect that the address change occurred in April. Upon request, voter registration forms may be provided for other household members who may wish to register. If additional voter materials are provided, the case should be documented and the household member or representative informed that completed forms may either be returned to the county office or submitted to the county circuit clerk’s office. When voter registration forms are returned to the county office, the worker must enter the appropriate information on the MAST screen and document IIDO. See Volume X, Chapter 3, for instructions on MAST coding of voter registration activity. Training All county offices must train new or reassigned employees on voter registration duties immediately upon hiring or reassignment. All staff must be trained regarding NVRA procedures on a semi- annual basis. For training assistance, county offices should contact State Operations who will coordinate training through the Secretary of State’s Office. Training material will include NVRA policy found in Chapter 1 of Volume III and Chapter 1 of Volume V, along with the NVRA Training Manual located in the “Training Resources” folder in Interwoven/Worksite.

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MISSISSIPPI

Volume III | Chapter 1

[GENERAL: RIGHTS AND RESPONSIBILITIES]

Revised 06-01-06

RIGHTS OF APPLICANTS AND RECIPIENTS The determination of a person's initial or continued eligibility for assistance payments shall be conducted in a manner consistent with his rights under the Social Security Act as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1 996 (Public Law 104- 193), Title VI of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973, Title II of the ADA, and State laws. Thus, any practice which violates an individual's privacy or personal dignity, subjects him to any form of harassment, infringes on his constitutional rights, or discriminates on the basis of race, color, national origin, gender, disability, political beliefs or religion is forbidden. The above cited laws and other state and federal laws give each applicant and recipient: 1. The right to apply for assistance and to have eligibility determined promptly. Chapter 7, The Application Process, sets out procedures for taking applications in county Economic Assistance offices and other places and the time limits for processing applications. 2. The right to a choice in programs when the person may meet eligibility requirements in more than one program. This includes the right to be told the advantages of each program for which he may be eligible. 3. The right to participate in establishing eligibility by giving facts about his circumstances that relate to his eligibility and by obtaining, or authorizing the worker to obtain, documents or information from others when necessary for determining eligibility. 4. The right to timely notification of disposition of the application for assistance. 5. The right to assistance upon determination that the legal and administrative eligibility requirements are met. 6. The right to the unrestricted use of a money payment unless the appointment of a guardian, conservator, or protective payee has voided this right. 7. The right to a confidential relationship with the agency. Information concerning the client and his family shall not be released without the client's permission unless the disclosure is directly related to administration of the TANF program or another federal or federally-funded program

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MISSISSIPPI

Volume III | Chapter 1

which provides assistance, in cash or in kind, or services directly to individuals on the basis of need.

1030

06 The records of the disbursement of funds or payments to recipients of any and all assistance under programs administered by the state or county Departments of Human Services showing the names of the recipients and the amount of the individual benefits shall only be disclosed according to federal regulations regarding disclosure of information for TANF and Food Stamp Programs, and federal laws regarding use of electronically exchanged data. Any person, firm, corporation, or association of the agency who or which shall violate any provisions of State law 43-1-19 shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than One Hundred Dollars ($100.00) or more than Five Thousand Dollars ($5000.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment in the discretion of the court. 8. The right to advance notice of reduction or termination of payments except in certain circumstances which are specified in Chapter 7, Certification and Authorization. 9. The right to a hearing when (a) dissatisfied because an application for financial assistance is denied or is not acted upon with reasonable promptness; (b) when aggrieved by any agency action resulting in suspension, reduction, or termination of assistance; and (c) a written request for a hearing is made within twenty days from the date of mailing of the notice that instigated the request. See Chapter 13, Hearing Process, for an exception to the right to a hearing, possible extension of the time period for requesting a hearing, access to case record materials to be used in the hearing, and other details of the hearing process. 10. The right to review information, such as agency policies and case material, used in determining eligibility for the budget group; however, the agency reserves the right to limit access to social and medical information unless such material is to be considered in a fair MISSISSIPPI

[GENERAL: RIGHTS AND RESPONSIBILITIES] Revised 06-01-

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MISSISSIPPI

[GENERAL: CONFIDENTIALITY] Revised 06-01-06

REGULATIONS SAFEGUARDING CONFIDENTIAL INFORMATION The assistance titles of the Social Security Act, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 (Public Law 104-193), require that MDHS provide safeguards which restrict the use or disclosure of information concerning applicants and recipients of TANF to purposes directly connected with the administration of the Program. These regulations also specify that information can be shared with other programs administered under the Social Security Act as amended by PRWORA and under Titles IV-A, IVB, IV-D, IV-E, XVI, XIX, XX, and any other federal or federally-assisted program which provides assistance, in cash or in-kind services, directly to individuals on the basis of need. The State statute at 43-1-19 mandates that MDHS shall abide by federal rules and regulations restricting the use or disclosure of information, records, papers, files and communications concerning applicants and recipients to purposes directly connected with the administration of the programs. SAFEGUARDING INFORMATION State law at 43-1-19 restricts disclosure of records showing names of recipients of public assistance and amounts of benefits in accordance with federal laws and regulations and laws regarding use of electronically exchanged data. Public Law 104-193 expands the exchange of information to include: • Quarterly reports to U.S. Citizenship and Immigration Services (USCIS) of illegal aliens known to the Agency. • Exchange of certain information with law enforcement agencies relating to prosecution of fleeing felons, parole violators, or persons fleeing relating to a crime that would be a felony under the law. The Agency by law routinely exchanges information with other agencies and individuals in order to determine the applicant/recipient’s eligibility status and benefit level for needs-tested programs. These information sources include: • Verification with USCIS for alien status (SAVE). • Exchange of information with the school district, local school or attendance officer. • Exchange of information with other related State agencies including Division of Medicaid, Department of Health, etc.

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1051 MISSISSIPPI

[GENERAL: CONFIDENTIALITY] Revised 02-01-17

• Exchange of information for electronic verifications and data matches (IEVS), including information from Social Security Administration (SSA), Department of Treasury/Internal Revenue Service (IRS), Mississippi Department of Employment Security (MDES) and the Tax Commission/Motor Vehicle registry and National Directory of New Hires (NDHS). • Exchange of information with employers, housing entities, landlords, etc., for the purpose of establishing eligibility status. • Exchange of information relating to child support enforcement, work requirements, and suspected Program violations. NATURE OF INFORMATION TO BE SAFEGUARDED MDHS prohibits any employee, state or local, working in any capacity, from disclosing confidential information concerning any applicant or recipient of assistance or services, except in the administration of the program as described above. The information which shall be considered confidential and shall not be disclosed except in the administration of the laws, under which MDHS works, shall be: 1. Names and addresses of applicants and recipients. 2. Lists of applicants and recipients will on occasion be requested for commercial, personal, or political use. Under no condition may a list of clients be disclosed to any person, agency or business organization except as described below. 3. Case records, with each and every document included. 4. Information obtained from the computer. This includes computer access and data form sources including, but not limited to, the Social Security Administration through Wire Third Party Query (WTPQ) and Income and Eligibility Verification System (IEVS), Internal Revenue Service (IRS) Federal Tax Information (FTI) through IEVS, Mississippi Department of Employment Security through IEVS, Motor Vehicle Verification, and the Division of Medicaid. Employees shall not disclose information of a confidential nature even though a record of the information has not been made. Volume III | Chapter 1 1050

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1052 MISSISSIPPI

[GENERAL: CONFIDENTIALITY] Revised 02-01-17

PENALTIES FOR VIOLATION OF CONFIDENTIALITY This Agency and the other agencies and entities with whom electronic data is exchanged are bound by the same Federal and State laws which require confidential handling of all client data. Unauthorized use and disclosure of client information is punishable by law at the Federal and State levels. Disciplinary action will be taken against any agency employee violating the regulations pertaining to the safeguarding of information in accordance with the disciplinary policies and procedures of the Mississippi Department of Human Services and/or the State Personnel Board. A willful violation of this regulation will be termed inefficiency in office and the employee may be suspended or removed. In addition, State statutes specify that such acts can be considered as misdemeanors and upon conviction an individual may be fined or imprisoned or both. The specific details of these penalties are located in Sections 43-1-19, 43-15-21, 43-17-7 and 43-19- 45 of the State law. If the representative of an agency or organization to whom information has been disclosed violates the regulations, the MDHS Executive Director, after conducting an investigation, will report the employee or representative to the head of the agency involved. Mississippi Department of Human Services will provide all employees of the State and County DHS offices with a copy of the rules and regulations governing the safeguarding of information, including a statement regarding the penalty for any use of such information in violation of the regulations. MDHS will also make available copies for distribution to all agencies and individuals who are interested. MDHS-EA-105, Confidential Information Agreement, will be completed at the initial training of current and new employees, security personnel, volunteers and others who are assigned tasks in the offices of the Division of Field Operations and other persons at any location who are assigned access to the computer systems. Also, the MDHS-FO-106, Employee Awareness/Security Training, must be completed upon entry of new employees and annually thereafter to acknowledge training and awareness of security guidelines for IEVS data, civil rights compliance, SSA data, and National Directory of New Hires (NDNH) data.

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1053 MISSISSIPPI

PENALTIES FOR IMPROPER DISCLOSURE – SSA INFORMATION Federal law restricts the use of SSA information obtained through computer access or other means to purposes directly connected to the administration of the TANF program. Any agency employee that publishes, discloses, or makes known in any manner confidential SSA information

[GENERAL: CONFIDENTIALITY] Revised 02-01-17

is subject to a civil money penalty of $10,000 for each such unauthorized publication or disclosure, or a criminal penalty of a fine of not more than $10,000 or imprisonment of not more than 1 year, or both, for each such unauthorized publication or disclosure. SAFEGUARDING OF NATIONAL DIRECTORY OF NEW HIRES (NDNH) DATA Any use of National Directory of New Hires (NDNH) data except in the administration of TANF and/or any unauthorized disclosure of such data must be reported immediately to the Director of State Operations, who will in turn notify Management Information Systems (MIS) within one hour of discovery. FEDERAL TAX INFORMATION (FTI) CONFIDENTIALITY, REPORTING REQUIREMENTS, AND PENALTIES The Internal Revenue Service (IRS) guidelines restrict the use and access of Federal Tax Information (FTI) to agency employees with a need-to-know. Agency employees with a need-toknow must maintain the confidentially of, or safeguard, FTI to ensure that improper inspection and/or disclosure of FTI does not occur. Any such improper inspections and/or disclosure of FTI must be reported to the appropriate Treasury Inspector General Tax Administration (TIGTA) office and the Office of Safeguards within 24 hours of discovery. Penalties for improper inspections and/or disclosure may be found in the Internal Revenue Code (IRC) Sections 7431, 7213, and 7213A. All agency employees must receive training upon employment with the agency prior to receiving access to FTI and annually thereafter. The training must include a review of the importance of safeguarding FTI, including the fact that FTI must be safeguarded after employment with the agency has ended; instructions for reporting improper inspections and/or disclosure; and the penalties associated with failing to safeguard FTI. All staff must sign the MDHS-FO-106, Awareness/Security

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17 1. Information from State office records. Refer the request to the Division of Field Operations. Designated staff will obtain information about the request and make a decision in accordance with agency regulations. 2. Information from county department records. Refer the request to the appropriate regional or county director, who will investigate the request and release the information in accordance with agency regulations or deny the request if not permissible, or refer it to State Office for handling. 3. Court subpoena. When a state or county staff member receives a subpoena for the record, handle according to the discussion, Subpoena of Case Records, below. INFORMATION TO BE RELEASED The information listed below will be released under the circumstances described: 1. MDHS shall by State law at 43-1-5 make accurate and timely federal reports in compliance with Program requirements and shall report to the Governor and the Legislature annually all fiscal and statistical Program participation data. These records are open for public inspection. See discussion below, TANF Disbursements Records to be Made Public. 2. Information shall be provided to County and District Attorneys in connection with fraudulent receipt of TANF, TWP, SNAP, or Child Support and in connection with the location of deserting or putative parents, the establishment of paternity, and obtaining of support. See discussion below, Disclosure to County or District Prosecuting Attorneys. 3. Information with regard to deserting and putative parents in TANF shall be disclosed to the grand jury in active session for purposes directly connected with obtaining or enforcing child support. 4. Information concerning TANF, TWP or Child Support shall be shared with agencies authorized under Titles IV-A, IV-B, IV-D, IV-E, XVI, XIX, XX and others which are Federal or federally assisted programs which provide assistance, in cash or in-kind, or services directly to individuals on the basis of need. See the discussions below, Disclosure to Agencies, Agencies Providing Assistance or Services, and Agencies with Whom Lists are Exchanged. MISSISSIPPI

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and to provide assistance or services for clients, and with whom information is exchanged for purposes of administration of the TANF, Child Support or other MDHS programs include: 1. Department of Human Services (public assistance) agencies in other states 2. Division of Medicaid and its fiscal agent 3. Department of Rehabilitation Services 4. Social Security Administration and the Department of Treasury 5. Department of Health through its state or county health offices 6. State Department of Mental Health and the Regional Mental Health Centers 7. Housing authorities, the state or local administrator 8. State mental hospitals and general hospitals, health services providers 9. Mississippi Department of Employment Security 10. Veterans Administration 11. State Department of Education, county and local school districts. No lists of names of applicants or recipients shall be released to these or other agencies, except as specified. See electronic data exchange description in this volume. Other releases of information shall be on request from the agency and the purpose must reasonably relate to the function of the Department's programs and to the function of the agency requesting the information. If an agency makes a request for information which that agency normally would be determining for itself and which is not in favor of the client, the request will be denied. DISCLOSURE TO CLIENT OR CLIENT REPRESENTATIVE The case record is not available for examination by the applicant or recipient or his authorized representative. MDHS reserves the right to withhold any information which pertains to medical and medical social facts or severe social problems such as illegitimacy, incest, neglect and abuse of children or adults, marital discord, and other serious conditions and changes. The county director will release certain information to a client or his authorized representative when authorized in writing as follows:

MISSISSIPPI [ GENERAL: CONFIDENTIALITY]

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1057 Volume III | Chapter 1

1. In connection with a request for a state or local hearing. Refer to Volume III, Chapter 13. 2. Information as to receipt of an amount of child support or assistance received by a recipient. 3. Information supplied by the client or obtained by the worker that the client needs in order to be able to qualify for a benefit which he has requested. This excludes medical reports, as the examining physician must release this information to his patient. It includes proof of age, documents relating to real and personal property, and other factual material that will assist a client in obtaining a service or benefit. 4. Client's verifications of income and resources and other forms which he/she has signed. 5. Budgets worked to determine eligibility for programs for which the Division of Field Operations is responsible. 6. Any case information, other than medical, medical social, or information concerning severe social problems as described above when the client presents a written request which specifies the material desired and the purpose for which the material will be used. When the request is made by a person other than the client, the information will not be available without the client's written permission prior to releasing the information. This written statement will be made a permanent part of the case record. The worker will speak from the case record or provide copies of the material requested. RELEASE OF MEDICAL INFORMATION TO SPECIFIED AGENCIES In providing medical information to agencies in which the Department has formed agreements, follow the rules set out below. 1. In the release of information provided by private physicians, MDHS puts the examining physician on notice of the use of the medical data in hearings when held and in other requests relating to the administration of the program. This is done at the time the county office requests the information and authorizes payment for it. 2. Do not release medical reports obtained from the Veterans Administration, the University Medical Center, Mental Health Centers, or the Health Department. Also, do not release any reports marked "Confidential" or "Not to be released to other agencies".

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Volume III | Chapter 1 17 The agency making the request must make its own request to the other agency. 3. The hearing record must contain the material on which the contested eligibility decision was made; hence, any such medical material must be available in the hearing record for examination by the client or his authorized representative. Do not supply copies of this material to the client or his representative. DISCLOSURE TO ELECTED OFFICIALS When an applicant for or recipient of TANF, SNAP or Child Support makes a complaint, usually by letter, to a public official such as a Senator, Congressman, County Board of Supervisors, etc., about his denial, inadequate receipt, or other action taken about his request for assistance, the State or County office handling the complaint may include that information in the reply which will provide an adequate explanation of the action taken by MDHS. That is, when the person or authorized representative sets out facts about the individual's circumstances and enters a request to MDHS, this implies the consent of the individual for MDHS to reply to the complaint. Determine first that the individual himself knows that the other person is writing MDHS about his dissatisfaction with the action or lack of action. When the individual or his authorized representative writes a public official, either local, State or Congressional, or other public agency, the public official usually sends the letter, so that the County or State Department knows that the inquiry or complaint is from the client. Do not include more information than is necessary to explain the MDHS position or action. DISCLOSURE TO COUNTY OR DISTRICT PROSECUTING ATTORNEY The County and District Prosecuting Attorneys shall have access to information from the case records for the following reasons: 1. Making an investigation of an alleged violation of the sections in the State statutes on fraudulent receipts of TANF, SNAP or Child Support. 2. Locating deserting parents or putative fathers, establishing paternity, and securing support for children. For further discussion concerning the location of deserting legal or putative parents and the failure or refusal of the mother to establish paternity and obtain support for the TANF children, refer to Volume III, Chapter 3 and Volume VI. When acting in their official capacity on behalf of MDHS, County and District Attorneys are authorized to review, without written request, case record material in the case of the individual 1058 MISSISSIPPI

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17 involved and other material related to the individual case such as SNAP issuance records and child support fiscal and bookkeeping records. This is in accordance with Federal regulations and the Mississippi Code of 1972, Sections 25-31-11, 19-23-11, 43-19-45 and other specific references. Law enforcement officials may request case record information involving the fraudulent receipt of TANF, SNAP or Child Support in instances in which the MDHS Division of Program Integrity has asked assistance in a particular case. SUBPOENA OF CASE RECORDS When the court issues a subpoena to the county director or another MDHS staff member to personally appear or produce a case record, the county director or his representative will immediately notify the regional director and Field Operations. A copy of the subpoena or court order must be emailed immediately to Field Operations and to the Attorney General’s Office. The Attorney General’s Office will contact the county director to provide further instructions and will correspond directly with the court. The court may permit the employee to read the portions from the case records that are pertinent to the legal action. DISCLOSURE TO LEGISLATIVE OFFICIALS The Federal regulations also provide for the disclosure of such information to a committee or legislative body (Federal, State or local) when such body certifies that the information is needed in connection with their official duties with regard to the program and that the information will not be used for any other purpose. Exception: Disclosure of information to any committee or legislative body that identifies TANF applicants or recipients by names or addresses is prohibited unless the information is required for audit purposes as set out below. DISCLOSURE FOR AUDIT PURPOSES - TANF Federal and state regulations provide for disclosure of information concerning applicants for and recipients of TANF for audit purposes to any government entity authorized by law to conduct such audits or similar activity. MISSISSIPPI

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MISSISSIPPI [GENERAL: THE CASE RECORD]

Revised 12-01-10 1400

DEFINITION The electronic case record includes recorded information pertaining to the assistance payments for applicants and recipients. This is the information available to the county Economic Assistance office pertaining to all applicants and recipients. The case record includes forms, documents, and the data contained in the on-line MAVERICS eligibility determination and tracking system, the JAWS Work Program activities and the METSS child support data. PURPOSE OF THE CASE RECORD The purpose of the case record is directly related to the purpose of the assistance payments program. The case record serves its primary purpose to the agency when: 1. It clearly furnishes case disposition and eligibility dates on individuals who have applied for or are receiving assistance. 2. It validates the action taken by the agency, based on facts about eligibility, to grant or deny assistance or change the amount of the payment. 3. It furnishes verification for the validity of expenditure of public funds. Other purposes which do not relate to the standards for basic minimum content, but which the case record may serve are: 1. To aid in the supervision and management of case work. 2. To assist in the development of the worker's skill. 3. To evaluate the performance of the worker. The case record is a permanent source of information which prevents the need for repetition of information by the individual and duplication of work by the worker. The case record protects the individual, the MDHS county office, and the community against inaccuracies which might arise from errors of memory. To assure accuracy of statements, recording must be done during the interview or after the securing of information. The purpose of the case record is centered on the individual's circumstances and is not set up as a record of the worker's activities. It has value only as it results in more accurate, helpful, and efficient administration of financial assistance for the family.

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MISSISSIPPI [GENERAL: THE CASE RECORD]

Revised 12-01-10

The case number is assigned by MAVERICS to the case head (primary individual/PI). It is not

to be assigned to any other person. Once the unique case number is assigned by MAVERICS, the same case number will be used each time that person applies for assistance as the case head (PI). Therefore, each case head applying for any Economic Assistance program anywhere in the State has a unique case number. For the procedures for assignment of case numbers, see Volume X. THE INDIVIDUAL NUMBER Each adult and child will be assigned an individual (ID) number by MAVERICS for identifying purposes. Each person will be assigned only one individual number even though he may be receiving SNAP and/or TANF. The person retains his individual number when the case is closed and reopened and when transferring between households. The person’s ID number is especiallycritical for identifying and tracking individuals in TWP activities in JAWS and for child support referrals in METSS. The individual number for the case head will not be the same as the case number. See Volume X for assignment of individual numbers. MAINTENANCE OF INDIVIDUAL CASE RECORDS Each household who applies for assistance shall have a separate electronic case folder produced for the filing of case documents. All forms, correspondence, and other pertinent information will be maintained in this folder according to instructions in this material. When an individual transfers to another case, essential material related to that person or child should be scanned into the appropriate electronic file in the receiving case. Destruction of Case Records To assist in case record disposal, county offices will receive reports each year with instructions for destroying and weeding case records. Special MAVERICS reports will be produced the first weekend in July each year until all county paper case records are destroyed and archived. The reports will identify and provide instructions for cases that meet the retention period (cases closed and claims/restorations paid out or otherwise closed for 3 years, remaining Health Benefits cases closed for 5 years) and certain cases that have not been archived: Volume III | Chapter 1 1401

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1453 MISSISSIPPI [ GENERAL: TWP/CASE MANAGEMENT CASE RECORD]

Revised 12 - 01 - 10 • Supportive services (transportation/child care) not available. JAWS assigns the "H"- hold status in each of these situations without any action by the CM. However, individuals assigned the "H" file status should be monitored to ensure that the needed action is completed on a timely basis and that the individual proceeds in the TANF Work Program. The CM can change an individual's status on-line from “Hold” to another appropriate file status code via the MPAS screen when the situation causing the hold is resolved. The CM can also reset the appointment schedule code in JAWS to “_____” blank, by changing the TWP file status from “Hold” to “Inactive” to “Hold”. This will allow the CM to schedule an orientation appointment for an individual. Individuals in the "H"- hold status are counted in the denominator for the participation rate percentage. The TANF recipient’s 24 and 60-month time limit counters are also being incremented. Case Management will use the “holding” status only to transition TANF recipients between allowable work activities. No more than 20% of their caseload may be in a holding status at any one time. Active Status An active status is indicated by an "A" in JAWS. This code may be assigned by JAWS when a participant is assigned to a component by the CM. Inactive Status An inactive status is indicated by an "I" in JAWS. All component activities and authorized supportive services must be closed before an "I" code can be assigned by the system or the case manager. JAWS assigns an inactive status code when: • An individual is determined to be exempt from TWP participation. • An individual has an outstanding conciliation.

An individual transferred to another county.

Individuals in an inactive status are counted in the denominator for the participation rate percentage. Closed Status A closed status is indicated by a "C" in JAWS. This code is used when the TANF case closes (CL). NOTE: If the CM adds an unsubsidized component (UNS/TRN) after the case becomes CL, the file status is changed to “A-Active”. The file status code will change to “C-Close” when the transitional component is closed. CASE REASSIGNMENTS, COUNTY TRANSFERS AND CASE CLOSURES

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OVERVIEW This material describes all the functions the DHS county office must perform once the individual has been referred to the TANF Work Program (TWP).

CASE MANAGEMENT Case management is the process for coordinating TANF work activity assignments and supportive services for TANF Work Program (TWP) participants. Case management is the critical link between eligibility for assistance and full- time employment. The case manager (CM) is responsible for placing adult TANF recipients in allowable work activities and arranging supportive services, child care and transportation, when necessary. The top priority of the TWP is to help individuals become self-sufficient through full-time employment. The CM must manage his/her existing caseload and new referrals to the TWP to ensure timely referral to MDES or Vocational Rehabilitation (VR).

Case Management Principles

Before talking to the TWP participant, the CM should consider his/her own feelings about the TANF Work Program. The CM should act on the belief that change and development are possible; help the individual identify goals and set tasks to achieve those goals; establish a working relationship with the participant; and identify circumstances, which affect participation in the TANF Work Program. The CM must build self-esteem and motivate TWP participants and help them capitalize on their strengths and abilities.

The following principles should be followed by all case management staff when working with TANF recipients:

1. The needs of individual TANF recipients are unique, wide ranging, and vary over time; therefore, case management staff and MDES staff must be flexible.

2. TANF recipients can function in the community when provided with support and positive reinforcement; they should be encouraged to function as independently as possible.

3. When explaining the referral to MDES process, the TANF recipients should be encouraged to assume active, rather than passive, roles in developing their Individual Employment Plan (IEP).

4. Case management is not a time-limited service; it is an ongoing process to provide TANF MISSISSIPPI [ GENERAL: GUIDELINES FOR CASE MANAGEMENT ]

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MISSISSIPPI [GENERAL: GUIDELINES FOR CASE MANAGEMENT]

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6. Assuring that the TANF Work Program rules and regulations are explained clearly and accurately to the individual at orientation.

7. Monitoring the CM to ensure that the Caseload Listing Report is being worked continuously.

8. Monitoring participant status by reviewing the TANF status, participation code and TWP appointment schedule code.

9. Assessing the TWP file status codes. No more than 20% of the caseload should be in “holding.” “Holding” should only be used to transition the individual between allowable activities, when requesting an exemption and setting up a conciliation.

10. Monitoring the status of attendance entered. Attendance must be up-to-date by the end of the month for the prior month.

11. Monitoring component assignments. Job readiness/job search training is limited to six weeks during each federal fiscal year. AWEP and community service placements are limited to six months each Federal Fiscal Year.

12. Working the TWP caseload if CM is unavailable.

13. Ensuring that policy and system changes are received, reviewed and understood by staff members and filed appropriately.

14. Ensuring that resource service providers are available, as needed.

The CM will be under the direct supervision of the case manager supervisor (CMS) which in some counties may be the County Director. The CM will be responsible for processing supportive services request submitted by the MDES interviewer, for TWP participants. Transitional services will be provided to eligible participants by the CM. The transitional case management services include assisting with transitional child care arrangements and transitional transportation, referring the individual to other resource providers (i.e., food, clothing, housing, health and other services), and providing counseling to ensure that there are no problems to jeopardize the individual’s continued employment. The duties of the CM include (but are not limited to): 1501

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Revised 07-01-19

order to receive assistance unless good cause is established. See Chapter 3, Assistance Unit Concept.

MISSISSIPPI DEBIT MASTERCARD

A debit card issued to TANF and Child Support recipients for the purpose of receiving TANF and child support payments. Recipients can use the debit card at merchants and bank locations worldwide. See Chapter 7, Payment Process, for restrictions on the use of TANF benefits.

MISSISSIPPI DEPARTMENT OF HUMAN SERVICES (MDHS)

The agency designated by state law to administer the TANF Program which includes TWP. See Chapter 1, General.

NEEDY CARETAKER

The individual responsible for a TANF child(ren). This will always be a legal parent, if one or both legal parents are in the home and not receiving SSI. When the parent(s) of the child(ren) is not in the home, the TANF case may include one needy caretaker relative who is exercising parental control and providing care for the child or children, lives in the home with the child or children, is related within the specified degree, is financially needy, and is not a recipient of SSI or in another assistance budget. The needy caretaker is not synonymous with the caretaker relative because the caretaker relative may or may not qualify as a needy caretaker. If the non- parental caretaker relative does not meet the financial need tests, the caretaker will not be included in the assistance budget. This relative remains the caretaker (payee) and receives the TANF benefit for the assistance children. See Chapter 3, Living with Caretaker Relative.

NET INCOME

The countable income remaining to the TANF family after allowable deductions and disregards have been applied. See Chapter 4, Basic Principles.

NON-COOPERATION

When the participant fails or refuses to cooperate with a TANF eligibility factor, i.e. TWP, Child Support, etc. See Chapter 11, Conciliation.

NON-EXEMPT

A TANF recipient who is not exempt and is required to participate in the TANF Work Program as a condition of eligibility for TANF. See Chapter 8, Intake.

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must complete and/or update his/her Mississippi Works employment profile and provide the required documentation to the local MDHS county office within 10 days of notification.

TCC - See Transitional Child Care.

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)

Replaced AFDC (Aid to Families with Dependent Children). The TANF Program is authorized by the Mississippi Code of 1973, Annotated in Title 43, Chapter 1and 17. TANF eligibility requirements are addressed in State Law at 43-17-55. There are two types of TANF cases. The TANF Basic case is any case other than TANF-UP cases, including cases with a single caretaker relative or two parents when one receives SSI or deprivation is based on incapacity. Two-parent cases are, by definition, TANF-UP cases. See Chapter 1, General, and Chapter 8, Intake.

Revised 07-01-19

TEMPORARY SEPARATION

A temporary separation of the parent or other relative and the child which does not affect eligibility, provided the absent member does not establish a permanent home elsewhere and the reasons for the separation show the temporary nature of the arrangement. Such separations are generally limited to a three-month period and must be carefully documented. The worker must also follow-up on the absence to be sure the separation ends on schedule. See Chapter 3, Living with Caretaker Relative.

TEEN PARENT

A teen parent is a single head of household, under the age of 20. A teen parent will count toward meeting the participation rate if the recipient maintains satisfactory attendance at secondary school or the equivalent; or participates in education directly related to employment for the minimum number of hours required in that fiscal year. See Chapter 9, Satisfactory Participation in the TANF Work Program.

TIME LIMITS

TANF benefits are time limited and are based on federal and state laws. TANF time limits mandate families to move as quickly as possible into work activities leading to self-sufficiency. The 60month TANF time limit is based on federal regulations and is applicable nationwide. The

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24month TANF time limit is based on state law and is not applied nationwide. Federal regulations also limit two exemptions from work requirements to a lifetime maximum of 12- months. Refer to Chapter 3 for additional and more detailed information regarding the 60 and 24-month TANF time limits and the 12-month TANF work exemption time limits.

TOTAL EARNED INCOME DISREGARDS

• Three-month Disregard (3D) - Earned income will be totally disregarded for three (3) months in the TANF budget for any recipient who becomes ineligible for TANF due to earned income received from employment of at least 25 hours per week. 3D can be used more than one time as long as there has been a 12-month break in receipt of TANF benefits. Refer to Chapter 6, Budgeting Net Monthly Earned Income.

• Six-month Disregard (6D) - Earned income received from employment of at least 35 hours per week will be totally disregarded for up to six (6) months in the TANF budget, if the wages are from full-time employment found within 30 days after authorization for a new TANF application or reapplication; or within 30 days after the initial start date of the

Revised 07-01-19

• job readiness activity and the income causes the family to be ineligible for TANF. 6D can only be used once. Refer to Chapter 6, Budgeting Net Monthly Earned Income.

• Marriage Disregard - The income and resources of a new spouse will be disregarded if the case meets specific criteria. See Chapter 3, Assistance Unit Concept.

TRANSFER

When a TANF recipient or family group moves to another county and the worker establishes that it is a permanent move, the SNAP case will be closed and the TANF case record will be physically transferred to the other county. See Chapter 7, Special Procedures and Chapter 1, TANF and TWP Information Exchange.

TRANSITIONAL CHILD CARE (TCC)

For families that lose benefit eligibility, child care services may be continued under TCC for up to 24 months. The family must apply for the assistance through the case manager. See Chapter 10, Transitional Services.

TRANSITIONAL TRANSPORTATION (TT)

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Revised 07-01-19

VOCATIONAL EDUCATION

An organized educational program offering a sequence of courses which are directly related to the preparation of individuals in paid or unpaid employment in current or emerging occupations that do not require an advanced degree. Such programs shall include competency-based applied learning which contributes in an individual’s academic knowledge, higher-order reasoning, and problem- solving skills, work attitudes, general employability skills, and the occupational-specific skills necessary for economic independence as a productive and contributing member of society. The Mississippi Department of Employment Security (MDES) is responsible for monitoring and placing TWP participants in vocational educational activities. See Chapter 9, TANF Work Activities Defined.

VOLUNTEERS IN SERVICE TO AMERICA (VISTA)

Provides full-time volunteers to nonprofit community organizations and public agencies to create and expand programs ultimately bringing individuals and communities out of poverty. Vista Volunteers are no longer exempt from TANF Work Program requirements. See Chapter 9, TANF Work Activities Defined and Chapter 4, Basic Principles-Income Totally Disregarded.

VOLUNTARY QUIT/REDUCTION IN WORK HOURS

Employment is terminated voluntarily, without good cause by the employer as a direct result of personal action(s), or work hours are voluntarily reduced to less than 20 hours per week without good cause. In an application situation, the penalty should be applied if the quit/reduction occurred within 2 full calendar months prior to the month of application, or between the date of application and certification. In an ongoing case situation the penalty should be applied if the quit/reduction occurred within 60 days from the date of discovery. See Chapter 3, Voluntary Quit Provisions and Chapter 11, Monitoring Participation.

VOLUNTEERS

Certain exempt individuals may choose to volunteer for the TANF Work Program. Only individuals eligible for exemption as caretaker of a child under 12 months of age (JJ) or as a victim of domestic abuse (JV) will be accepted as volunteers. Individuals in these categories who wish to volunteer will be coded EV, Exempt Volunteer, for referral to the TANF Work Program. A minor dependent who needs child care assistance to remain in school may volunteer also and is coded MV, Minor Volunteer. See Chapter 8, Intake.

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SUMMARY OF ELIGIBILITY CRITERIA A child or children under 18 years of age and their parent(s) or other caretaker relative must meet all technical and financial eligibility requirements in order to qualify for a TANF benefit. These requirements are briefly discussed below and are covered in detail later in this chapter and in other chapters of this manual. NOTE: Federal regulations prohibit the granting of TANF benefits to individuals who are inmates of public institutions. TANF Time Limits The 60-Month time limit is based on federal regulations, is applicable nationwide, and transfers from state to state; however, some states do not allow for the full 60 months. Months which have been used in other states count towards the 60-month time limit for Mississippi recipients. Transfers from other states who apply in Mississippi and who have received less than 60 months of assistance may be eligible for the remaining portion of the maximum limit. Individuals transferring from Mississippi to a state with a lower maximum time limit will be subject to the time limit for the new state of residence. • 60-Month - Beginning October 1996, any TANF case that includes an adult or teen head of household is limited to a lifetime maximum of sixty (60) months of financial assistance; the 60 months are cumulative but do not necessarily run consecutively. Any month for which the recipient family is receiving a TANF benefit, and/or a TANF Work Program (TWP) transportation payment, will be included in the 60-month count. The first month of the count for an applicant household is the first month of benefit eligibility. Families who have received TANF cash assistance for five (5) cumulative years (60 months total) will no longer be eligible for cash assistance. The 60-month counter will increment for all exempt and non-exempt families as long as the case contains an individual with a relationship code of "PI", "SP", or "LP" and a participation code of "IN", "DI" or "DF". If the eligible individual is receiving a TANF benefit (TANF grant or transportation stipend) for that particular month, the 60-month counter will increase by one. TANF Transitional Services (transitional transportation and transitional child care) provided to employed families are not defined as assistance and will not affect the 60-month counter. The 60-month time limit does not apply to child only cases. For example, if a child resides MISSISSIPPI [ NON - FINANCIAL CRITERIA: INTRODUCTION] Revised 10 - 01 - 14

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with a grantee relative (not a parent) who is not included in the TANF assistance unit, or if a child resides with a parent(s) who is ineligible for reasons other than TWP

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14 sanction or other disqualification, the 60-month time limit is not applicable. Refer to Time Limits later in this chapter for additional and more detailed information. State law reduces the 60-month federal time limit to 24 months for a TANF case that includes an adult who is not exempt from TANF work requirements and the person fails to comply with TANF work requirements. The 24-Month time limit is based on state law and is not applicable nationwide. • 24-Month — A TANF case in which the parent, needy caretaker relative or teen head of household is determined to be a work-eligible individual and is referred to the TANF Work Program is limited to a lifetime maximum of twenty-four (24) months of financial assistance if he/she is not assigned to an approved work activity. The 24-month State counter is cumulative, but does not have to be consecutive; however, this counter does run concurrently with the 60-month federal counter, when applicable. The 24-month count begins with the first month the TANF recipient is determined to be a work-eligible individual and referred to the TWP. However, the 24-month counter will not increment if the TWP participant is assigned to an allowable work activity. Refer to the General section later in this chapter for additional and more detailed information regarding the 60- and 24-month TANF time limit counters. TANF Work Exemption Time Limits Certain TANF Work Program exemptions are limited to a lifetime maximum of 12 months, which do not have to be consecutive. Once the counter reaches 12 months, the recipient's JOBS Program Status Code must be updated, and the recipient will no longer be eligible to claim that exemption. The TWP exemptions subject to a 12-month time limit are: 3000 MISSISSIPPI

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• "JJ" Caretaker of a Child Under 12 Months of Age - Months used for this exemption will not count in the 24-month lifetime limit, but will count in the 60-month lifetime limit • "JV" Victim of Domestic Violence - Months used for this exemption will not count in the 24-month lifetime limit, but will count in the 60-month lifetime limit, and must be documented by a police report. Note: If the 12-month counter for the JJ or JV codes increases to 13, the 24-month time limit counter will increment for that month and any additional months the individual is coded JJ or JV.

3001 14 Personal Responsibility Contract Each adult in the TANF assistance unit must acknowledge the family responsibilities incumbent upon receipt of assistance by signing form MDHS-EA-312, Personal Responsibility Contract. Caretaker relatives who are not included in the assistance budget as needy caretakers must also sign the contract acknowledging their responsibilities for the TANF children. TANF will be denied if the responsible adult(s) fails to sign the contract. Assistance Unit Concept The legal parent(s), if in the home, and all technically-eligible minor children (under age 18) must be included in the TANF assistance budget. An adult caretaker other than the legal parent may be included with the children when there is no legal parent in the household, provided the adult wishes to be included and meets all eligibility criteria. Minor Parents Unmarried minor parents (under age 18) and their children are required to live with the minor’s parent or other adult caretaker relative in order to receive TANF. The parent or caretaker relative will be the payee, and all normal eligibility criteria apply, including assistance unit policy. Exceptions for good cause must be approved by State Office Policy Unit prior to approval. Not a Recipient of SSI An individual who receives SSI is not eligible for TANF benefits. The SSI recipient will not have his/her needs, income or resources included to determine the family’s eligibility for TANF. If the

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MISSISSIPPI

Volume III | Chapter 3

schedule recommended by the Department of Health. Good cause exceptions may be allowed if there is a legitimate and verifiable reason that the child’s immunizations are not current. School Attendance Dependent children in the TANF budget ages 6 to 18 must attend school satisfactorily until high school graduation or completion of a GED. Failure to attend school or excessive absences, without good cause, will result in penalties being applied to both the TANF and SNAP cases. Child Support Enforcement Requirements Federal and State statutes provide that a parent or other relative who accepts a TANF benefit for children due to the continued absence of a parent must assign support rights to the State. Assistance will be denied to the family who fails or refuses to assign support rights to the State. The parent or caretaker relative must also assist the state by cooperating in obtaining support from the absent parent. This includes providing information to assist in locating the absent parent and establishing paternity. TANF benefits will be denied or terminated for the entire family for failure without good cause to cooperate with the Child Support Enforcement to 3004

[NON-FINANCIAL CRITERIA: INTRODUCTION]

Revised 07-01-19

establish paternity (if child is born out of wedlock) or to obtain child support. The Child Support worker will determine good cause for failure to cooperate and will decide when a sanctioned individual has cooperated satisfactorily and can again be eligible for assistance. TANF Work Program Requirements The parent(s) or other caretaker relative who is included in the assistance unit must participate in the TANF Work Program (TWP) unless he/she meets one of the work exemption criteria. Failure without good cause to participate in TWP for any reason will mean a full family benefit sanction. A penalty will also be applied to the SNAP case when a TWP penalty is imposed. Need The children must not have sufficient income and resources to meet their needs according to agency standards. Refer to the discussion of need based on income and resources in Chapters 4 and 5. Strikers

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• Change of more than $100 in the amount of unearned income; • Change of more than $100 in monthly earned income from the amount used to

calculate the household’s benefit amount; • Change in the source of income (example: change in employment), if it results in a change in income. • Change in liquid resources, such as cash, stocks, bonds and bank accounts that meets or exceeds the household’s limit.

Additionally, TANF households must report the following changes:

1. When the household’s total monthly gross income, earned and unearned meets or exceeds185% of the need standard for the household size at the time of their current review period. Disqualified household members will not be included in the household size when determining if the household meets or exceeds 185% of the need standard. This change must be reported by the 10th of the month following the month in which the change occurred. If the 10th day falls on a holiday or weekend, the client has until the close of business on the last working day prior to the 10th day to report the change. 2. When it becomes clear that a TANF child will be out of the home for more than 30 days. The parent/caretaker must report the child has left the home within 5 days. 3. When the head of household moves out of the state. This must be reported within 5 days. NOTE: Individuals who are TANF Work Program or Transitional Transportation participants must verify time and attendance. (See Chapter 9, Work Program Components) Substance Abuse Screening Questionnaire Any adult, age 18 or older (including any disqualified individual), included in the assistance unit will be subject to a questionnaire to determine if a reasonable likelihood exists that the adult has a substance abuse disorder. Any adult added to the assistance unit after approval will be subject to the screening. Minor heads of household (under age 18) are excluded from drug screening and testing policy. The questionnaire is administered during the TANF application process by the Case Manager (CM) utilizing an online screening tool known as the Substance Abuse Subtle Screening Inventory (SASSI). Case managers have been trained and certified in the administration of the SASSI. The questionnaire must be completed prior to approval of a TANF application. MISSISSIPPI

[NON-FINANCIAL CRITERIA: INTRODUCTION] Revised 07-01-

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Refusal of the adult to submit to the questionnaire will lead to denial of the TANF application. If results of the questionnaire indicate the reasonable likelihood that abuse of a controlled substance exists, the adult will be required to take a drug test. Results of the SASSI are strictly confidential and must not be shared with persons outside the agency at any point prior to or after disclosure to the TANF adult. Volume III | Chapter 3

MISSISSIPPI [NON-FINANCIAL CRITERIA: INTRODUCTION] Revised 07-01-19 Disclosure of the questionnaire results are to be shared with the TANF household only at the point of case approval. A positive drug test will require the adult to satisfactorily participate in a drug treatment program in order for the adult to continue to receive TANF benefits. EXPLANATION OF TERMS In the discussion in this chapter, a number of items require definition as to the meaning involved as these terms are used in the material. The terms and definitions are given below. Dependent Child For TANF purposes, a dependent child is a child under the age of eighteen (18), regardless of marital status, who is living with a parent or other caretaker relative in a place of residence maintained as his or their own home. Emancipation In certain situations, the court may grant an order of emancipation or relief of minority to remove the minor from parental care and to allow the minor to act on his own behalf as an adult. Also, when a child marries, he has in effect emancipated himself from the state of minority. An emancipated minor will not be considered a minor child unless he is living in the home of his parent or other specified relative. Home Home is defined as the family setting maintained or in the process of being established by a parent or other adult within the specified degree of relationship who assumes responsibility for the child’s welfare. Usually the child shares the same household with the relative. However, the requirement for “living with” and the definition of home are not confined to the occupation of the physical household by the child and relative provided there is a valid reason for the child or relative to be away and the absence will be temporary. Caretaker Relative The caretaker relative is the individual who is within the specified degree of relationship of the child(ren) and who exercises control and supervision over the assistance child(ren). The caretaker relative is always the legal parent when the legal parent is in the home. The caretaker relative is the 3006

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individual who signs the required agency forms and is responsible for reporting changes in the family’s situation. Except for protective payment and emergency situations, the TANF benefit is issued in the name of the caretaker relative. This individual is also referred to as the grantee relative, PI or payee of the case, and may be a needy caretaker or a non-needy caretaker. Exception: See Minor Parent.

3007 Volume III | Chapter 3

MISSISSIPPI [NON-FINANCIAL CRITERIA: INTRODUCTION]

Revised 07-01-19

Needy Caretaker The needy caretaker is not synonymous with the caretaker relative because the caretaker relative may or may not qualify as a needy caretaker. If not a legal parent, a needy caretaker must meet the qualifications for a caretaker relative and must be financially needy in order to be included in the assistance budget. The needy caretaker may not be a recipient of SSI. If the non-parental caretaker relative does not meet the financial need tests, or does not wish to be included, the non-needy caretaker will not be included in the assistance budget and is coded OUT of the TANF case. This relative remains the caretaker (payee) and receives the TANF benefit for the assistance children. If the caretaker relative is a parent and receives SSI, the parent is coded SS for TANF participation, and should not be coded OUT of the case due to assistance unit policy. Grantee Relative See Caretaker Relative above. Eligible Recipient An eligible recipient in TANF is an individual qualifying for benefit and employment services. The number of adults who may be included as eligible recipients in a TANF budget is limited to those who qualify according to the definition of who must be included in the assistance unit (AU), i.e., the child’s Non-SSI parent or parents when both are in the home or no more than one needy caretaker relative when the child does not live with a parent. Payee This term is often used to refer to the parent/caretaker relative or the primary individual (PI) in MAVERICS, and is the individual in whose name the benefit is paid. Emergency Payee The individual who provides temporary care and control for the child(ren) in emergency situations may receive the TANF benefit for the child as an emergency payee.

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Protective Payee The protective payee accepts the responsibility for receiving and using, or overseeing the use of the TANF benefit. Protective payees are required when mismanagement of funds has been proven to be consistent and continued or the caretaker relative is incapable of adequately managing their business due to physical or mental incapacity or the adult is disqualified and sanctioned due to a substance abuse disorder. Refer to the AUTHORIZATION AND PAYMENT PROCESS for further discussion and to instructions for form MDHS-EA-314, Agreement between Department of Human Services and Protective Payee.

MISSISSIPPI [NON-FINANCIAL CRITERIA: INTRODUCTION]

Revised 12-01-17

Putative Father The term is used to describe the alleged father of a child for whom paternity has not been legally established. Acknowledgment of Paternity Paternity for a child born out of wedlock may be established for the TANF Program in one of the following ways: 1. Legal court proceedings which establish the paternity of the child and result in an order of affiliation. 2. Signing of the ASAP form - A Simple Acknowledgment of Paternity - which is a voluntary document that carries full legal weight once signed by the father and sixty days have passed. The putative father has sixty days from the day he signs the form to rescind the paternity acknowledgment. NOTE: If paternity for the child was established using the ASAP, process the AP REL Code in MAVERICS would be PV. 3. Marriage of the mother and the putative father provided the father acknowledges paternity privately and publicly and recognizes the child as his own by supporting him and providing him with care and supervision. NOTE: The above method for establishing paternity meets the requirements as defined by the TANF program and should be used for determining the legal child/father relationship for a father who is to be included in the assistance unit. For an absent parent, marriage of the mother and the putative father after the birth of the child alone does not meet the IV-D Child Support requirement for establishing legal paternity. In order for the father to be recognized as a legal parent, a Legitimation-A form must be processed after the marriage. Proper coding of the AP Volume III | Chapter 3 3008

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REL field in MAVS for these situations would be as follows: NE - Marriage of mother and putative father after birth of child PV - Legitimation -A form processed following marriage of mother and putative father after birth of child. Once paternity for a child has been established by one of the methods described above, the putative father becomes the legal father of the child. The Child Support worker will help the parent obtain a court order for support when appropriate.

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MISSISSIPPI [NON-FINANCIAL CRITERIA: INTRODUCTION] Revised 12-01-17 Legal Responsibility Legal Parent When the child is living in the home with two legal parents who under state statute are legally responsible for his support, the child is not eligible for TANF even though financial need may exist in the home unless one parent is incapacitated, sentenced by the court to work without pay or qualifies as an unemployed parent. In determining deprivation for TANF, the term legal parent means: 1. The father of a child born of a legal marriage. See below for the definition of a legal marriage. This applies even when the mother names someone else as the biological father of her child. 2. The father of a child born out of wedlock when the child’s paternity has been legally established or who has met the requirement for paternity establishment as defined by the TANF program by marriage to the child’s mother after birth of the child. See Acknowledgment of Paternity, #2. 3. The adoptive father or adoptive mother of the child who has been legally adopted through proper court action. 4. The mother of the child. The mother is always a legal parent of a child without regard to whether or not the child was born out of wedlock or born of a legal marriage. When the father’s identity has not been legally established for a child born out of wedlock, the mother is the only legal parent of the child. Individuals Not Legally Responsible The following individuals are not legally liable for the support of a child under state statute and cannot be considered parents in establishing deprivation or seeking support.

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• A stepfather or stepmother. As an incentive for two-parent families, when a TANF PI marries on or after October 1, 1999, the income and resources of the newly married spouse are to be disregarded for six consecutive months. If the new spouse has income which causes the household’s total income to exceed 185% of the need standard established at the last case review, the marriage is a reportable change. To be considered timely the marriage would have to be reported by the 10th of the month following the month in which the change occurred. If the 10th of the following month falls on a weekend or holiday, the report must be made by the last working day prior to the 10th. When the change is reported timely, the first month of the disregard period will begin with the first month the spouse can be added to the case. If the change is not reported timely, the first month of the 6-month disregard will be the month for which the spouse could have been added, if the change was reported timely.

MISSISSIPPI [NON-FINANCIAL CRITERIA: INTRODUCTION]

3010 Volume III | Chapter 3Revised 12 -01-17 If the marriage does not meet the criteria of a reportable change, the first month of the 6-month disregard will be the first month the spouse can be added to the case following the report of the marriage whether the change is reported prior to or at the next reevaluation.. After the 6 month period ends, the income and resources with specified disregards must be considered in the determination of need for the spouse’s children who are applying for or receiving TANF. See Chapter 3, Marriage Disregard, pages 3104-3105, for procedures to disregard the spouse’s income and resources. See Chapter 6, Stepparent Situations, for the stepparent budgeting procedures. • A man or woman (not a parent or spouse) who lives in the home and maintains a marital relationship with the child’s parent; or who maintains a continuing relationship with the child’s parent outside the home. • A related adult, such as grandmother, grandfather, aunt, uncle, sister, brother, etc. • A putative father of the child when paternity has not been established, even if he lives in the home with the assistance family. Once paternity for the child has been legally established, the putative father becomes the legal father of the child for TANF eligibility. Legal Marriage The two types of marital unions which are recognized in this state are statutory marriage and legal common-law marriage. 1. A marriage between individuals who were legally free to contract a marriage and one for which a license was secured and a ceremony performed by a licensed minister or designated officer for the State. The minister or officer should have completed the marriage certificate and returned it to the County Circuit Clerk for recording. Since there is legal presumption in favor of the validity of ceremonial marriage, the worker will establish a statutory ceremonial marriage as follows:

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a. Ask the parent or other relative to show the marriage license or to tell in which county the marriage was performed. b. Check the records in the Circuit Clerk’s office for the recorded license. c. If the marriage record is not found or the parent or other relative cannot produce the license, assist him/her to secure a statement from the minister or officer who performed the ceremony or the witnesses who attended the ceremony.

MISSISSIPPI [NON-FINANCIAL CRITERIA: INTRODUCTION]

Revised 12-01-17

d. Ad. Ask the parent or other relative to describe the kind of ceremony which took place. A statutory ceremonial marriage when established as described above will be recognized as a legal marriage unless there is a serious reason to doubt the validity of the marriage such as: • A previous husband is living in the community or is in touch with the county and states that he did not obtain a divorce from the mother prior to the present marriage. • Some other individual is in a position to know the marital history of the mother and the prior husband and raises a question as to the legality of the current marriage. • Records in the agency, such as a previous application by the individual or a former husband and some other individual, contain statements which raise questions of legality. In these instances the county office must assist the parent in determining the status of the prior marriage in order to determine the status of the current marriage and of the children involved as to whether they are legal or illegitimate children. 2. A common-law marriage which was entered into prior to April 1, 1956, in Mississippi, is as legally binding as one established by a statutory ceremonial marriage provided: a. Both parties were free to contract to marry. That is, any previous marriage had been terminated by death or divorce or the parties had never been married before. b. The parties agreed to become husband and wife. c. The parties lived and cohabitated together in Mississippi as man and wife, thus openly proclaiming their marital relationship. NOTE: Applicants who claim a common-law marriage status from another state must provide

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Volume III | Chapter 3

GENERAL The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104- 193, contains specific time limits for which any assistance unit that includes an adult may receive assistance under any State program funded under Section 403. The TANF time limit counters began with the TANF payments that were issued for the benefit month October 1996. The only TANF cases exempt from the 60-month federal time limit are cases in which the assistance unit does not include an adult in the budget. For example, if a child resides with a grantee relative (not a parent) who is not included in the TANF assistance unit, if a child resides with a parent(s) who is receiving SSI, or if the child resides with a parent that is an ineligible alien, the 60-month time limit is not applicable. Such cases are identified by the case type of ANI-adult not included. However, not all TANF cases identified as ANI cases are defined as child only cases. For example, if a child resides with a parent who is ineligible due to one of the disqualification reasons listed below, the 24-month counter and the 60-month counter are applicable even though the case type is ANI. A change in federal regulations mandates that certain disqualified adults are required to participate in allowable work activities. Beginning with October 2007 benefit payments, these adults are no longer exempt from TANF time limits. Below is list of disqualified adults that will be referred to the TANF Work Program:

• fleeing felons • individuals disqualified for fraud • individuals sanctioned for enumeration, school attendance or untimely reporting of a child leaving the home For additional information, refer to Chapter 6, Special Budgeting Procedures for Disqualified Individuals. 60 and 24-MONTH MAXIMUMS The TANF 24- and 60-month time limits were explained in detail earlier in this chapter, under TANF Time Limits. TWP 12-month exemption time limits will have a negative effect on the family’s 24month time limit if the TWP exemption exceeds the 12-month lifetime maximum. Certain TWP exemptions are limited to a lifetime maximum of 12 months. Months used while claiming a TWP exemption as a caretaker of a child younger than 12 months (JJ), or a victim of domestic violence (JV) do not count in the TANF 24-month time limit, unless the TWP exemption exceeds the 12month maximum. If a TWP 12-month time limit counter exceeds 12 months, the TANF 24-month time limit counter will begin at the 13th month and continue thereafter.

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Revised 03-01-20

Refer to TWP Exemption Time Limits, earlier in this chapter, and the exemption chart in Chapter 8, Determining Eligibility for Participation in TWP, for additional and more detailed information.

TANF HIGH COUNTERS REPORTS

The TANF High Counters Reports, TANF 24/60 Month High Counter Report (JC252A) and TWP JJ/JV Exemption High Counter Report (JC253B) are monthly MAVERICS reports that are generated the third of each month. The reports track high counter information for the TANF 24 and 60-month time limits, and the TWP 12-month exemption time limits for JJ and JV. The counters for the 60-month, JJ/12-month exemption and JV/12-month exemption time limits run one (1) month behind the current calendar month. The counter for the 24-month time limit runs two (2) months behind the current calendar month.

Any case subject to the TANF time limits and/or the TWP exemption time limits will initially display on the report(s) when one of the counters reaches high counter status, and will remain on the report(s) until the TANF case closes.

TANF 24/60 Month High Counter Report

The 24/60 Month High Counter Report will list TANF recipients who have reached at least 19 months on the 24-month counter and/or 40 months on the 60-month counter.

TWP JJ/JV Exemption High Counter Report

The TWP JJ/JV Exemption High Counter Report will list TANF recipients who have used at least 9 months of the JJ/12-month exemption time limit and/or the JV/12-month exemption time limit.

County Level Reviews

Caseworkers must complete a monthly desk review of each case listed on the TANF High Counters Reports (TANF 24/60 Month High Counter Report-JC252A and TWP JJ/JV Exemption High Counter Report-JC253B) by the 10th of each month and schedule face-to-face interviews for all new adults appearing on the report in accordance with the policy outlined in this section.

The Case Documentation (CADO) screen in MAVERICS must be documented each month for all cases displaying on the TANF High Counters Reports. (The CADO subject line should be used to identify the TANF counter(s) reviewed along with the counter status, e.g., 60-Month Counter Review at 40 Months; 24-Month Counter Review at 19 Months, etc.)

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3041 Volume III | Chapter 3 MISSISSIPPI [NON-FINANCIAL CRITERIA: TIME LIMITS]

Revised 03-01-20 The supervisor or County Director is required to implement a TANF high counter case review process for each case listed on the reports to ensure caseworkers are monitoring the reports, completing desk reviews and conducting face-to-face interviews in accordance with policy requirements by:

• reviewing the worker’s case review documentation on the CADO screen; and • documenting his/her approval, request for additional information, or corrective action(s) required on the CADO screen.

The County Director will work with the appropriate county staff to resolve any issues identified during the case review. Once the monthly review has been completed, the County Director must sign, date, scan and email the report to the Regional Director by the 15th of each month. Regional Level Reviews

The Regional Director is required to collect and review the county reports, randomly select at least one case from each county and complete a case review. The Regional Director will work with the County Director to resolve any issues identified. The Regional Director must also sign and date each county’s report, compile the county reports, scan as one document and email the file to the designated personnel within the Program Support Unit at dfo.programsupport@mdhs.ms.gov. The subject of the email must identify the content, e.g., Region 1-TANF 24/60 Month High Counter Report (JC252A)- March 2020 or Region 2-TWP JJ/JV Exemption High Counter Report (JC253B) State Level Reviews The Program Support Unit will select a sample from each region and complete case reviews. Staff will work with each Regional Director to resolve any issues identified. TANF COUNTER CASE REVIEW REQUIREMENTS When a TANF case reaches high counter status for the 24 and 60-month time limits, a face-to-face interview must be completed for that case. The monthly TANF High Counters Report will be used by caseworkers to help manage their high counter cases and complete required case actions timely. Workers must regularly review the report and schedule face-to-face interviews as quickly as possible for all new adults appearing on the report under the 60-month or the 24- month column. County and regional staff are responsible for ensuring that every effort is being made to move families to selfsufficiency. The following MAVERICS notices will be used to schedule the initial face-to-face interview.

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Revised 03-01-20

• 24-Month Time Limit – A104, TANF 24-Month Counter Information notice • 60-Month Time Limit – A102, TANF 60-Month Counter Information notice The MDHS-EA-313, TANF High Counter Action Plan, will be completed during the initial face- toface interview for the 24 or 60-month counter, and thereafter on an as needed basis. The MDHS- EA- 313A, TANF High Counter Action Plan Follow-Up Case Review, will be completed at each subsequent face-to-face interview. Refer to the High Counter Action Plan section later in this chapter for additional and more detailed information regarding the 24 and 60-month high counter case reviews. The CADM screen in MAVERICS must be documented each month for all cases displaying on the TANF High Counters Report. (The CADM subject line should be used to identify the TANF counter(s) reviewed along with the counter status, e.g., 60-Month Counter Review at 48 Months; 24-Month Counter Review at 19 Months, etc.) 24-Month The TANF 60-month time limit for a nonexempt family will be reduced to a 24-month lifetime maximum, unless the adult recipient is assigned to an approved work activity, or qualifies for a TANF work exemption. The TWP case management staff is responsible for ensuring nonexempt adults are engaged in allowable work activities as soon as possible upon referral to the TANF Work Program. Work activities should be meaningful and designed to move the family toward self- sufficiency within the time constraints imposed by federal regulations. A nonexempt adult who complies with TANF work requirements may receive TANF for his/her family for the full 60- month time limit, if all other TANF eligibility criteria are met. If a nonexempt family receives assistance for any month where the adult is not assigned to a work activity, the 24-month counter will increment by one. The caseworker will send MAVERICS notice A104, TANF 24-Month Counter Information, when a nonexempt family’s 24-month time limit is equal to 19 months. The A104 notifies the recipient of how many months of the family’s 24 and 60-month time limits have been used and that the TANF case will be closing with an effective month, unless the adult is employed and/or participating in an allowable work activity or qualifies for a TANF work exemption. The A104 also schedules the recipient for a face-to-face interview appointment to discuss the TANF case status. The purpose of this interview at 19 months is to develop a plan of action (MDHS-EA-313) to engage the nonexempt adult in an approved work activity as quickly as possible. The family’s 24month time limit will not increment once the adult is assigned to a work activity. If the individual fails to keep his/her appointment or contact the worker, the worker will send MAVERICS notice A405, TANF Closure, Unable to Locate, and the TANF case will be allowed

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Revised 03-01-20 to close. A family that includes a nonexempt adult that is not assigned to an allowable work activity will be ineligible for TANF after the family’s 24-month time limit is used up. In this instance, the worker will mail MAVERICS notice A453, TANF Closure – 24 Month Time Limit, to notify the family and close the TANF case effective the following month. A desk review will be completed each month following the face-to-face interview for all 24- month high counter cases. The worker will document the CADM screen in MAVERICS for each monthly desk review. A follow-up face-to-face interview must be scheduled any time a nonexempt adult has been placed in holding for more than 30 days, or the TWP program status changes from nonexempt to exempt. The MDHS-EA-313A will be completed to document the face-to-face followup case review and the CADM screen will be documented accordingly. Caseworkers, supervisors and county directors must choose the most appropriate language from the list below for the CADM Subject Line when entering TANF high counter case review documentation. 1. 24-Month Counter Interview at “*” Months (Example * = 19) 2. 24-Month Counter Desk Review at “*” Months (Example * = 20) 3. 24-Month Counter Supervisory Review at “*” Months 4. 60-Month Counter Interview at “*” Months (Example * = 40) 5. 60-Month Counter Follow-Up Review at “*” Months (Example * = 43) 6. 60-Month Counter Supervisory Review at “*” Months If the adult does not qualify for a TWP exemption, the worker must discuss in detail, and document the following. 1. Explain the 24-month time limit and the potential impact on the family’s 60-month time limit and eligibility for continued TANF assistance. 2. Explain the purpose and requirements of the TANF Work Program. 3. Discuss the allowable work activities and participation requirements. 4. Discuss the potential employment barriers which could include child care, transportation, health issues of the participant, participant’s child(ren) or other household members, school attendance, etc. Discuss short and long term resolutions. 5. Discuss the participant’s employability status. This should include education, training, skills, work experience, and employment history (tenure and reason for leaving).

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6. Discuss opportunities for realistic job placement. This should include job opportunities identified by the caseworker and by the participant. 7. Work with the individual to develop a realistic goals designed to move the family forward to attain the greatest level of self-sufficiency possible within the TANF time constraints. An Individual Employment Plan (IEP) will be developed by the MDES interviewer or the Vocational Rehabilitation counselor once referred. 8. Discuss the availability of TANF (TWP and TCC) supportive services, in order to process applications and complete system functions timely. 9. Discuss the criteria (TWP holding status greater than 30 days or jobs program status change) that will require a follow-up face-to-face high counter interview to be completed. If the individual qualifies for an exemption, the worker must discuss in detail, and document the following. 1. Explain the 24 and 60-month time limits and the potential impact on the individual’s family, as well as exemption status to include exemptions requested/granted, reasons and duration. In the case of long-term medical exemptions, the following questions should be asked: “Is the individual following the doctor’s orders?” “Has the individual applied for SSI, and if so, how frequently, when, and what was the result?” 2. Discuss the potential employment barriers which could include child care, transportation, health issues of the participant, participant’s child(ren) or other household members, school attendance, etc. Discuss short and long term resolutions. 3. Discuss the participant’s employability status. This should include education, training, skills, work experience, and employment history (tenure and reason for leaving). 4. Discuss opportunities for realistic job placement. This should include job opportunities identified by the caseworker and by the participant. 5. Find out the individual’s plan of action for supporting his/her family when the TANF case closes. (This is to be submitted by the participant.) 3045 Volume III | Chapter 3

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Revised 03-01-20

60-Month The case worker will send the A102, TANF 60-Month Counter Information, notice to schedule a face-to-face interview when the family has received assistance for 40 months. The A102, TANF 60-Month Counter Information Notice, informs the recipient of how many months of the family’s 60-month time limit have been used. The purpose of the face-to-face interview at 40 months is to develop a High Counter Action Plan MDHS-EA-313, for moving the family forward to selfsufficiency, and/or extending the 60-month time limit. Following the initial face-to-face high counter interview, the caseworker will use the A102 to schedule a follow-up high counter face-to-face interview every ninety (90) days. The MDHSEA313A will be completed at each follow-up interview to document the case review. If the individual meets an exemption, the worker must discuss in detail, and document the following. 1. Explain the 60-month time limit and the potential impact on the individual’s family, as well as exemption status to include exemptions requested/granted, reasons and duration. In the case of long-term medical exemptions, the following questions should be asked: “Is the individual following the doctor’s orders?” “Has the individual applied for SSI, and if so, how frequently, when, and what was the result?” 2. Discuss the potential employment barriers which could include child care, transportation, health issues of the participant, participant’s child(ren) or other household members, school attendance, etc. Discuss short and long term resolutions. 3. Discuss the participant’s employability status. This should include education, training, skills, work experience, and employment history (tenure and reason for leaving). 4. Discuss opportunities for realistic job placement. This should include job opportunities identified by the caseworker and by the participant. 5. Find out the individual’s plan of action for supporting his/her family when the TANF case closes. (This is to be submitted by the participant.) If the individual does not meet a TWP work exemption or a hardship reason, the worker must discuss in detail, and document the following. 1. Explain the 24 and 60-month time limit and the potential impact on the individual’s family.

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Revised 03-01-20

2. Discuss the family’s reason(s) for remaining on TANF. 3. Discuss the potential employment barriers which could include child care, transportation, health issues of the participant, participant’s children and other household members, school attendance, etc. Discuss short and long term resolutions. 4. Discuss the participant’s employability status. This should include education, training, skills, work experience, and employment history (tenure and reason for leaving). 5. Discuss opportunities for realistic job placement. This should include job opportunities identified by the caseworker and by the participant. 6. Explain the purpose of the TANF Work Program, and discuss the allowable work activities and participation requirements. 7. Work with the individual to develop and implement a plan of action designed to move the family forward to attain the greatest level of self-sufficiency possible within the months remaining on his/her 60-month time limit or documented extension. The action plan should be developed jointly by the caseworker and the participant. 8. Find out the individual’s plan of action for supporting his/her family when the TANF case closes. (This is to be submitted by the participant.)

9. Review the individual’s progress monthly to ensure timely completion of actions designed to reduce employment barriers and successful completion of the action plan before the TANF case closes. If the individual is employed, but the earned income is not enough to cause the TANF case to close, the worker must evaluate the job placement, discuss in detail, and document the following. 1. Discuss the possibility of increased work hours. 2. Discuss promotional opportunities available with the current employer. This should include additional skills, education, and/or training required for job advancement. 3. Discuss other full or part-time employment opportunities available within a 20 mile radius.

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No Show for 60-Month High Counter Appointment If the individual fails to keep the face-to-face appointment the worker must determine the appropriate action(s) to be taken based on whether the adult is exempt from or required to comply with TANF work requirements. Appropriate case actions are outlined below: • Non-Exempt – A face-to-face interview is required to establish the initial TANF high counter case review at 40 months. TWP adverse action policy will be applied if the adult fails to keep the face-to-face appointment scheduled via the A102. In this situation, the worker will schedule a TWP conciliation appointment and apply the appropriate TWP penalty if the adult is a “no show”. Ongoing case reviews are required every 90 days; however, it may not be necessary to schedule a face-to-face interview for each subsequent 90-day case review for non-exempt adults who are assigned to an allowable work activity and participating satisfactorily. If doing so will cause a disruption in the adult’s TWP participation, the worker should complete a desk review, document the case record, and handle the face-to-face interview at the next regular scheduled appointment. The worker must use good judgement to discern when a face-to-face interview is required. • Exempt – Adverse action does not apply to exempt adults. If an exempt adult fails to keep the face-to-face appointment scheduled via the A102, the worker will document the case record accordingly and complete the MDHS-EA-313/313A at the next regular scheduled appointment. In this situation, the worker must verify that the TWP program status code is correct and appropriate, up-to-date documentation has been scanned to the recipient’s case record.

HIGH COUNTER ACTION PLAN County staff and regional staff are responsible and must strive to help TANF families gain the greatest level of self-sufficiency possible within the confines of TANF time limits. An action plan must be developed for each individual listed on the TANF 24/60 Month High Counter Report (JC252A). The caseworker and the individual will work jointly to develop an action plan for the family. Two forms have been designed to facilitate this process, and to ensure the individual’s plan is reviewed and approved by regional staff.

• The High Counter Action Plan, MDHS-EA-313, will be used by county staff to develop an action plan to help the family move toward self-sufficiency, and to identify barriers

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and possible resolutions. The MDHS-EA-313 requires the regional director’s signature and his/her approval or denial of the action plan and comments. At the discretion of the regional director, screen prints from MAVERICS and/or JAWS may be substituted for duplicated information on MDHS- EA313. • The High Counter Action Plan Follow-up Case Review, MDHS-EA-313A, will be completed at each follow-up face-to-face review for all 24 and 60-month high counter cases. The form is used to document progress toward the goals established by the MDHS-EA-313 and the continued plan of action. A MDHS-EA-313A must be completed at each 90-day case review following the date of the original MDHS-EA-313 interview for 60-month high counter cases. For 24-month high counter cases, a MDHS-EA-313A must be completed at each face-to-face interview that is scheduled following the date of the original MDHS-EA-313 interview. The county staff is responsible for initiating, routing and maintaining all forms and documentation pertaining to the individual’s high counter case review and follow-up reviews. The review process will be handled electronically by scanning and emailing all documents to the county and regional director for review and handling. If the regional director does not approve the individual’s plan, the county must address any outstanding issues, provide additional information and reroute the file for further action. Upon completion of full review process, the worker and/or supervisor is responsible for scanning all review documents to the TANF Permanent folder in the individual’s electronic case record. A brief summary of the case review and statement regarding the family’s potential eligibility for a 60month time limit extension should be included on the MDHS-EA-313A. Refer to 60-Month Time Limit Extensions later in this chapter for additional and more detailed information. The county director or his/her designee will use the MDHS-EA-313A to review high counter cases, address concerns and assess the action(s) taken by the worker and client. The regional director will use the MDHS-EA-313A to review high counter cases, address concerns and assess the actions taken by county staff. The MDHS-EA-313A must be completed during each face-to-face review process, but it is not necessary to complete a new MDHS-EA-313. It is recommended that workers update the initial MDHS-EA313 by dating new entries. A new MDHS-EA-313 may be completed at the time of the 90-day review, as deemed necessary by the worker.

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Page two of MDHS-EA-313A must be completed if three (3) months or less remain in the family’s 60month time limit, and if one (1) month remains in the family’s 24-month time limit. A family that qualifies for an allowable work exemption (JB, JC or JF) and meets specific

MISSISSIPPI [NON-FINANCIAL CRITERIA: TIME LIMITS]

Revised 09-01-17

hardship criteria may be granted an extension beyond the 60-month lifetime maximum in three-month increments. The worker must test the family’s eligibility for an extension and, if eligible, recommend whether an extension should be granted. The county director must agree or disagree with the worker’s recommendation and route the high counter file to the regional director for review and approval or denial. Refer to 60- Month Time Limit Extensions later in this chapter for additional and more detailed information. Routing and Reviewing High Counter Action Plans A systematic process has been established for routing, reviewing and handling TANF high counter cases. The following procedures must be followed statewide: 1. The MDHS-EA-313, MDHS-EA-313A and any other pertinent documentation pertaining to the high counter review will be scanned and routed electronically (email). The supervisor for the worker handling the TANF High Counter review is responsible for scanning the completed form(s) and any other documentation to the individual’s case record. 2. Form MDHS-EA-313 must be completed as part of the initial face-to-face interview, and may be updated at future interviews and dated accordingly. A new MDHS-EA-313 will be completed, as needed, and numbered accordingly. If the recipient fails to keep his/her interview appointment, the MDHS-EA-313 and the CADM screen will be documented accordingly, and appropriate case action(s) taken based on the policy and procedures established for 24 and 60month TANF time limit counters. 3. The MDHS-EA-313 and MDHS-EA-313A, if applicable, along with appropriate documentation will be scanned and routed electronically (email), and handled according to the procedures outlined in this chapter. Each reviewer must have sufficient information to adequately review the case and ensure proper handling. 4. When the TANF High Counter case review is fully completed, the worker’s supervisor is responsible for scanning all documents associated with the review to the recipient’s case record. The county director must establish a tickler system to ensure that each case displaying on the TANF High Counters Report with 19 or more months in the 24-month column and/or 40 or more months in the 60-month column are handled timely. This tickler system must be maintained on an ongoing basis 3049 Volume III | Chapter 3

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to ensure the follow-up MDHS-EA-313A is prepared and reviewed by the county and regional director within the timeframes outlined in policy.

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Revised 09-01-17

The MDHS-EA-313 must be completed as part of the initial face-to-face interview process and thereafter as needed. TANF high counter cases must be reviewed based on each family’s action plan and individual case circumstances in accordance with policy. It is not necessary to complete 60- month case reviews every 90 days when the PI is age 60 and over (JA-TWP/Jobs status code) or is a recipient of SSI (SS-participation code.) If the individual’s SSI benefits are terminated and he/she is included in the budget (IN-participation code), form MDHS-EA-313A must be completed at that time. Case changes that occur between review dates must be clearly documented and handled according to current policy. These actions must be reviewed as part of the high counter case review process. During the interview/review process, the worker must explain that the family will not be eligible for transitional services (child care or transportation) if the TANF case closes for any reason other than increased earned income or loss of an earned income disregard. Special effort should be made to assist individuals who are employed, but not earning enough to transition off TANF (increasing work hours and/or finding a better job). HANDLING 24-MONTH CASE REVIEWS Current adverse action policy applies to a nonexempt TWP participant who fails to keep his/her faceto-face interview at 19 months. A systematic process will be used statewide for reviewing and handling 24-month time limit case reviews and TANF case closures. 1. MAVERICS notice A104, TANF 24-Month Counter Information, will be sent to schedule a face-to-face interview when the 24-month counter is equal to 21 months. If a nonexempt adult fails to keep the face-to-face interview appointment or contact the worker, the worker will determine the appropriate case action on a case-by-case basis. • If the nonexempt adult is assigned to a TWP work activity, the worker will document the case record and proceed with the conciliation process. • If the person keeps the conciliation appointment, the MDHS-EA-313 will be completed, and the participant will be assigned to a work activity, if required. • If the person fails to keep the conciliation appointment, the appropriate timed penalty will be applied and the TANF case closed. If the person reapplies and is approved for TANF, the MDHSEA-313 will be completed at that time. • If the nonexempt adult is not assigned to a TWP work activity, the worker must send MAVERICS notice A405, TANF Closure – Unable to Locate, and allow the TANF case to close for the next available month. If the individual reapplies for TANF, the MDHS-EA- 313 must be completed at TANF approval. Volume III | Chapter 3 3050

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2. Form MDHS-EA-313 must be completed as part of the initial 24-month case review (at 19 months) to document the reviewer’s case findings and recommended case action, i.e., TANF case closure after the family has received assistance for 24 months, or whether the nonexempt adult was not properly notified about the status of the 24-month counter (A104 not sent) and will be given the opportunity to comply with TANF work requirements. This option is only available if the family’s 24-month counter is greater than 24 months. In this situation the nonexempt adult must agree to comply with TANF work requirements and be assigned to an allowable work activity to continue receiving TANF benefits for the family. The worker must use the CADM screen in MAVERICS to document the case record accordingly. If the nonexempt adult agrees to participate, but later fails to comply, the worker will send MAVERICS notice A453, TANF Closure – 24-Month Time Limit, to close the TANF case. (Do not schedule a conciliation appointment.) 3. The MDHS-EA-313A will be completed when the family has received TANF cash assistance for 23 months (when counter displays 21 months) to document the appropriate case action(s) for handling the case in accordance with the 24-Month Time Limit policy. • If case closure is the appropriate action, the A453, TANF Closure – 24-Month Time Limit, notice must be sent to close the TANF case affective for the month following the 24th month. The A453 notifies the recipient that the TANF case will close for the month specified because the family has received benefits for 24 months and the adult(s) is not participating in an allowable work activity. Refer to 24-Month Close Out for Cash Assistance later in this chapter for additional and more detailed information. 4. The MDHS-EA-313 and MDHS-EA-313A forms, along with supporting documentation, must be scanned and routed electronically (email), and handled according to the procedures outlined in this chapter. 5. Each reviewer must have sufficient information to adequately review the case and ensure proper handling. (The CADM screen in MAVERICS must be thoroughly documented to support discussions, decisions, and case actions.) 6. When the case review is fully completed, the worker’s supervisor is responsible for scanning all documents associated with the review to the recipient’s TANF High Counter folder, and reviewing the case to ensure appropriate case action(s) are completed according to timeliness standards.

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Revised 09-01-17

24-MONTH CLOSE OUT FOR CASH ASSISTANCE

The caseworker should not begin the conciliation process for a nonexempt recipient whose family has received TANF benefits for 24 months or more and the individual fails to comply with TANF work requirements. The worker must send notice A453, TANF Closure - 24-Month Time Limit, and allow the TANF case to close. Workers should be aware that the TANF time limit counters displaying on the MAVERICS CAP2 screen are not current. Refer to the TANF High Counters Report earlier in this chapter for additional and more detailed information. Prior to closing a TANF case when the family receives assistance for 24 months, the case must be reviewed at 23 months by the county and regional director via the High Counter Action Plan process utilizing the MDHS-EA-313 and MDHS-EA-313A forms. The MDHS-EA-313 must be completed as part of the face-to-face interview when the counter displays 19 months (21 actual months). The MDHS-EA-313A must be completed as part of a desk review at 21 months (23 actual months). This will ensure proper handling and allow the case to be removed from the tickler, if necessary. If the family does not qualify for a work exemption, the worker will: 1. send the A453, TANF Closure - 24-Month Time Limit, notice to close the TANF case effective for the month following the 24th month; or 2. assign the nonexempt adult to an allowable work activity to stop the 24-month counter. If noncompliance with the TWP occurs, the worker must send the A453 notice and allow the TANF case to close for the next available month. (Do not conciliate the client if the 24-month counter is equal to or greater than 23 months.) SPECIAL HANDLING AT 57 MONTHS - EXEMPT INDIVIDUALS TANF recipients who are exempt from work requirements will be given the opportunity to take advantage of services available through the TANF Work Program (TWP) or the Office of Vocational Rehabilitation (OVR) during the last three months of TANF eligibility. A recipient who qualifies for the JB, JC or JF exemption will not be referred to the TANF Work Program if the household’s income is less than the Basic 100% Requirements for the TANF Program. These individuals will continue to receive TANF under the 60-month time limit extension provision as long as they qualify for an allowable work exemption (JB, JC or JF) and their household gross income remains less than the Basic 100% Requirements for the TANF Program. A face-to-face high counter case review must be scheduled during the 57th month (56 months on the high counter report) for TANF recipients who are exempt from work requirements to discuss the eligibility criteria for receiving a 60-month time limit extension and referral to the TWP or Volume III | Chapter 3 3052

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OVR. Based on the outcome of the face-to-face interview and the decision made by the TANF family, the worker will take the appropriate action(s) to handle the case. 1. An individual who qualifies for the JB, JC or JF exemption status may be eligible for a 60- month time limit extension after the family has received TANF cash assistance for 60 months. Refer to 60-Month Time Limit Extensions later in this chapter for additional and more detailed information. 2. The exempt individual may choose to participate in the TWP during the last three months of TANF eligibility. The worker will thoroughly explain the purpose of the TANF Work Program, supportive services (TWP and transitional), along with the eligibility criteria for receiving each service. At the completion of the face-to-face interview, the worker will change the TWP/Jobs status code to EV-exempt volunteer and refer the case to case management (JAWS). The case manager will work intensively with the family to develop and implement a plan of action that will allow participation in the TWP. When the family has received TANF cash assistance for 60 months, the TANF case will be closed for one of the following reasons: A. Satisfactory Participation in TWP - Job Found - If the individual finds employment and the new income will cause the family to be ineligible for TANF the worker must send MAVERICS notice A411, TANF Closure-Earned Income, to inform the family that the TANF case will be closed because of earned income. A TANF family that has received TANF benefits for 60 months or more is not eligible for any of the earned income disregards. At the time the A411 notice is sent, the worker must send the following MAVERICS notices to inform the family about TANF transitional services and give the individual the opportunity to apply for TANF transitional services. A807, Appointment for Transitional Services; A802, TANF Transitional Child Care; and A803, TANF Transitional Transportation. B. Satisfactory Participation in TWP - No Job Found - If the individual has not found employment at the time the 60th month is paid, the worker must send MAVERICS notice A454, TANF Closure – 60-Month Time Limit, to inform the family that the TANF case will be closed because the family has received TANF cash assistance for 60 months.

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C. No Show or Unsatisfactory Participation in TWP - Adverse action policy and procedures will be applied to the case if an exempt volunteer fails to keep the TWP intake appointment or comply with work requirements during the 58th month. If noncompliance occurs after the family has received TANF cash assistance for 59 months, the worker will not begin the conciliation process. The worker must send the A454, TANF Closure – 60-Month Time Limit, notice to inform the family that the TANF case will be closed because the family has received TANF cash assistance for 60 months. 3. An exempt individual who qualifies for the JB exemption status and the household’s income exceeds the Basic 100% Requirements for the TANF Program, may choose to seek Vocational Rehabilitation Services during the last three months of TANF eligibility. At the completion of the face-to-face interview, the worker must change the TWP/Jobs status code to EV-exempt volunteer and refer the recipient to case management. The case manager will refer the individual to the local Department of Vocational Rehabilitation for assessment and services. The recipient will continue to receive TANF cash assistance up to 60 months while working with Vocational Rehabilitation. When the family has received TANF cash assistance for 60 months, the worker must send the A454, TANF Closure – 60-Month Time Limit, notice to inform the family that the TANF case will be closed because the family has received TANF cash assistance for 60 months. 60-MONTH CLOSE OUT FOR CASH ASSISTANCE All TANF cases must be closed when the family has received TANF cash assistance for 60 months, unless the family is approved for a 60-month time limit extension. Refer to the 60-Month Time Limit Extensions section later in this chapter for additional and more detailed information. A TANF case in which the last child in the case is a family capped child, must be closed regardless of the number of months remaining in the 60-month time limit counter. Workers should not begin the conciliation process for a nonexempt TWP participant who has received TANF cash assistance for 59 months. (The 60-month counter will display 58 months on the TANF High Counters Report.) The A454, TANF Closure – 60-Month Time Limit, notice

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must be sent to close a TANF case based on the 60-month lifetime time limit. Workers should be aware that the TANF time limit counters displaying in MAVERICS are not current. Refer to TANF High Counters Report earlier in this chapter and MAVERICS Time Limit Counters later in this chapter for additional and more detailed information. Prior to closing a TANF 60-month high counter case for any reason, the case must be reviewed, via the MDHS-EA-313A process, by the County and Regional director. This will ensure proper handling and allow the case to be removed from the tickler. The worker must use the A454, TANF Closure - 60-Month Time Limit, notice to close the TANF case. NOTE: An individual receiving the 3-month, 6-month or marriage disregard at the time the 60th month is paid, will not be eligible for any remaining months of the disregard. An individual who finds employment in the 60th month will not be eligible for any of the earned income disregards. 60-MONTH TIME LIMIT EXTENSIONS Federal regulations allow states to exempt up to 20% of the State’s countable cases from the TANF 60month time limit. This exemption is based on certain hardship factors. To ensure the State does not exceed the 20% exemption cap, each county is limited to 20% of the county’s countable cases. Under this 20% exemption provision, a family that reaches the 60-month time limit and meets certain hardship criteria may qualify for a TANF 60-month time limit extension in increments of three months. TANF high counter case reviews will continue for TANF cases that include an adult and a face-to-face interview must be completed every 90 days to determine the family’s ongoing eligibility for an extension. The A455, TANF 60-Month Time Limit Extension, must be sent each time an extension is allowed. The family will not be considered for a 60-month time limit extension when the only child remaining in the TANF case is a family cap child and is ineligible for monthly TANF benefits. Policy for determining whether the family is eligible for an extension on the 60-month time limit is based on specific criteria for the following two categories. Category One TANF recipients whose TWP/JOBS Program Status code is JA, JD, JV, JL, JK, JJ, EV, CF, DV, VR, NE, WP, WH, WL or SM will be handled according to the following instructions.

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1. If the TANF case includes a needy caretaker (not a parent) who is age 60 or older (JA), take the appropriate action in the 60th month to remove the needy caretaker adult from the grant to create a child only case, or close the TANF case. The appropriate case action to be taken will be based on the decision of the household after a face-to-face interview. The CADM screen in MAVERICS must be used to document the discussion and the family’s decision. The case will continue to display on the TANF High Counters Report after the adult needy caretaker is removed because of the high counter status of the case. Such cases are not included in the 20% exemption and the 60-month counter will no longer be incremented. NOTE: The household type will also be “ANI” for a TANF case that includes a disqualified adult. In this situation, the case is not a “true” ANI case. Such cases are subject to the TANF 60-month time limit and are included in the 20% exemption. 2. If the TANF case includes an adult in treatment for a substance abuse disorder (JD), an adult who is a victim of domestic violence (JV), an adult reporting a temporary illness (JL), an adult in the third trimester of pregnancy with medical complications (JK), an adult caring for a child under age one (JJ), an exempt adult who volunteered for the TWP (EV), or a nonexempt adult who is required to participate in the TWP (CF, DV, VR, NE, WP, WH, WL, or SM), the TANF case will be closed in the 60th month. A face-to-face interview is required to ensure appropriate explanations are provided and policy is applied correctly. The A454, TANF Closure – 60-Month Time Limit, notice must be sent to close the case. Category Two TANF recipients whose TWP/JOBS Program Status code is JB (incapacitated adult), JC (parent caring for an incapacitated child) or JF (parent caring for an incapacitated adult) will be handled through the MDHS-EA-313 process according to the following instructions. • If the household’s gross income meets or exceeds the Basic 100% Requirement for the TANF Program the TANF case will be closed in the 60th month. The family will be given the opportunity to take advantage of services available through the TANF Work Program (TWP) or the Office of Vocational Rehabilitation (OVR) during the last three months of TANF eligibility. Refer to “Special Handling at 57 Months - Exempt Individuals” earlier

MISSISSIPPI [NON-FINANCIAL CRITERIA: TIME LIMITS]

Revised 03-01-20

in this chapter for additional and more detailed information. The A454, TANF Closure – 60- Month Time Limit, notice must be sent to close the case. If the household’s gross income does not exceed the Basic 100% Requirement for the Volume III | Chapter 3 3057

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Requires police reports. closed in the 60th month. JL Adults who report a temporary The case will be ineligible for a TANF 60-

illness or injury based on medical month time limit extension. The case will be evidence. Requires doctor’s statement. closed in the 60th month.

MISSISSIPPI [NON-FINANCIAL CRITERIA: TIME LIMITS]

Revised 09-01-17

County staff and Regional staff are responsible for recommending and approving TANF 60-month time limit extensions. The County TANF 20% Exemption Summary (TA120A) and the TANF 20% Exemption Regional County Summary (TA121A) reports run at the end of each month for the current month and can be viewed and printed through Worksite. These reports must be used by the County Director and the Regional Director to review and monitor TANF 60-month time limit extensions and the 20% exemption cap. County Level Reviews The TA120A, County TANF 20% Exemption Summary, identifies the exempt families whose 60- month counter is greater than 60 and displays the case number, name, JOBS status code and the status of the 60-month counter. The report also displays the county’s countable caseload, the calculated 20% for the county, the number of exemptions claimed and the number of exemptions available. The County Director will use this report to monitor the county’s 20% exemptions and to ensure the number of cases approved for the 60-month time limit exemption does not exceed the 20% calculated for the county.

The County Director is required to complete a case review for each case listed on the report no later than the 10th of the month. The County Director will work with the appropriate county staff to resolve any issues identified during the case review. The County Director must sign, date, scan and email the report to the Regional Director no later than the 15th of each month. Regional Level Reviews The TA121A, TANF 20% Exemption Regional County Summary Report, displays the statistical data for each county within the region. The Regional Director will use this report to monitor each county’s 20% exemptions and the 20% maximum for the region. The Regional Director is required to collect and review the county reports, randomly select at least one case from each county with exemptions and complete a case review. The Regional Director will work

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with the County Director to resolve any issues identified. The Regional Director must also sign and date each county’s report, compile the county reports, scan as one document and email the file to Program Support Unit at dfo.programsupport@mdhs.ms.gov. The subject of the email must identify the content, e.g., 1N TANF 20% Exemption Report-March 2015. State Level Reviews The state office 20% exemption reports (TA120A, TA120B, TA120C and TA121B) provide data for each county and region as well as statewide data. The designated personnel within the

Program Support Unit will select a sample from each region and complete case reviews. Staff will work with each Regional Director to resolve any issues identified. The Program Support Unit will maintain signed copies of the reports in an administrative file which will be available to monitors and auditors. EXCLUSIONS FROM TANF TIME LIMITS TANF cases with no adult in the budget (true child only cases coded ANI) are the only cases exempt from the federal time limits. The 60-month time limit counter will increment for all other cases (exempt, nonexempt and ANI cases for which the adult is disqualified). The State may exempt no more than 20% of the state’s countable cases from the TANF 60-month time limit. The work exemptions for victims of domestic violence (JV) and caretakers of a child younger than 12 months (JJ) are limited to a lifetime maximum of 12 months. Refer to Exempt Individuals located in Chapter 8 for additional and more detailed information. RESPONSIBILITIES OF ELIGIBILITY WORKER AND CASE MANAGER It is the responsibility of the case worker who initially interviews the TANF applicant to fully explain the TANF time limits. The worker must clearly explain that TANF cash assistance is limited to a lifetime maximum of 60 months and the 60 months will be reduced to 24 months for nonexempt individuals who do not comply with TANF work requirements. The worker must also discuss personal responsibility and the importance of planning and preparing the family for self-sufficiency. When a change occurs that affects a recipient’s exemption status, the worker handling the change is responsible for explaining any ramifications the change may have on the TANF time limits, providing assistance and encouragement to the family that promotes good choices. All staff should encourage TANF recipients to maximize their TANF time limits by terminating TANF cash assistance when the family’s situation improves, and by not claiming a work exemption (JJ or JV) longer than absolutely necessary. This will allow the family to receive TANF cash assistance in the future, if otherwise eligible. MAVERICS TIME LIMIT COUNTERS Four (4) separate MAVERICS time limit counters are used to track the number of months used by the individual. The four counters track the 60 and 24-month time limits and the two 12-month Volume III | Chapter 3 3061 MISSISSIPPI [ NON - FINANCIAL CRITERIA: TIME LIMITS] Revised 09 - 01 - 17

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Counters Report will be used to ensure the A103 is sent timely at 9 months. The A103 notifies the family of the number of months used for the 12-month domestic violence exemption, and the TANF 24 and 60-month time limit counters. The A103 also

MISSISSIPPI [NON-FINANCIAL CRITERIA: TIME LIMITS] Revised 09-01-17

provides the month in which the adult will be referred to the TANF Work Program and required to participate in allowable work activities. • A104, TANF 24-Month Counter Information, will be sent to any family that has received TANF assistance for 21 months. The TANF High Counters Report will be used to ensure the A104 is sent timely at 19 months. The A104 notifies the family of its 24-month counter status and schedules a face-to-face interview with the worker to discuss the TANF case and develop a high counter action plan for the family. • A105, TANF Child Care Exemption 12-Month Counter, will be sent to a recipient family that has claimed for 10 months the exemption as caretaker of a child younger than 12 months. The TANF High Counters Report will be used to ensure the A105 is sent A105, TANF Child Care Exemption 12-Month Counter, will be sent to a recipient family that has claimed for 10 months the exemption as caretaker of a child younger than 12 months. The TANF High Counters Report will be used to ensure the A105 is sent. • A106, TANF Time Limit Counter Information, provides general information about the TANF 60 and 24-month time limits and the two TANF work exemptions that may be claimed for a lifetime maximum of 12 months by a nonexempt adult who is a victim of domestic violence or is a caretaker of a child younger than 12 months. The worker will use the A106 anytime significant case changes occur, but no less than once during each certification period, to notify a recipient family about the number of months used for each TANF counter. • A226, TANF Denial – 60-Month Lifetime Maximum, will be used by the worker to notify a TANF applicant that the TANF application is being denied because our records show the family has received or exceeded the 60-month lifetime maximum any family may receive TANF financial assistance. • A227, Denial – TANF 24-Month Time Limit, will be used by the worker to notify a TANF applicant that the application is being denied because our records show that the family has Volume III | Chapter 3 3063

(volume-iii)(page-190)Page 190#

received TANF financial assistance for 24 months or more with no participation in an approved work activity. The family will not be eligible for TANF benefits again until the adult(s) is working, participating in an approved educational activity or meets a TANF work exemption.

MISSISSIPPI [NON-FINANCIAL CRITERIA: TIME LIMITS] Revised 09-01-17

• A453, TANF Closure – 24-Month Time Limit, will be used by the worker to notify a recipient family that the TANF case is closing because the family has received TANF benefits for 24 or more months and the nonexempt adult(s) in the family is not participating in an approved work activity. • A454, TANF Closure – 60-Month Time Limit, will be used by the worker to notify a recipient family that the TANF case is closing because the family has received its lifetime maximum of 60 months of TANF assistance. • A455, TANF 60-Month Time Limit Extension, will be used by the worker to notify a recipient family that has been approved for a TANF 60-month time limit extension based on certain hardship criteria and the family may continue to receive TANF benefits in three-month increments. A456, TANF Time Limit Extension Closure, will be used by the worker to close the TANF case when the family becomes ineligible for a 60-month time limit extension and to notify the family that the extension is being terminated and the TANF case is closing.

The CADM screen and the MDHS-EA-313/313A forms must be documented that the above notices were sent according to timeliness standards. HANDLING A TANF APPLICATION WHEN THE 24 AND 60-MONTH TIME LIMITS HAVE BEEN EXHAUSTED When a worker determines that a TANF applicant has exhausted the family’s 24 or 60- month time limit, the worker will deny the application and send the appropriate denial notice. • A226 – TANF Denial – 60-Month Lifetime Maximum; or A227 – Denial - TANF 24- Month Time Limit. FAIR HEARING NOTIFICATION The fair hearing notification is included on the back of all MAVERICS notices. TANF benefits Volume III | Chapter 3 3064

(volume-iii)(page-193)Page 193#

cannot be included in the TANF budget. If the payee refuses to cooperate in verifying age and relationship, eligibility for the case cannot be determined. Reject the application or close the case. If the mother is making every effort to cooperate and the income and

Volume III | Chapter 3

resources of the child can be determined, sanction the child until he/she meets the eligibility requirement. This also applies for children not meeting the enumeration requirement. 2. The legal parent(s) with whom the child or children live unless the parent(s) is: a. An SSI recipient or was converted with the SSI recipients and is still included in the SSI computation as a converted ineligible spouse. The parent’s participation code should be SS in MAVERICS. The income and resources of these parents must not be considered. NOTE: Individuals who do not receive SSI payments, but are considered to be SSI eligible by the Social Security Administration fall within the above category and are coded SS in MAVERICS. b. Being penalized because of a failure to cooperate in meeting enumeration requirements for a child. Remember, however, that such a parent’s net income must be included, using the earned income disregards in the TANF budget. The parent’s participation code MUST be DI in MAVERICS. c. Ineligible on citizenship and alienage requirements. The participation code must be DI. d. Married to the TANF PI on or after October 1, 1999. In this situation the spouse/legal parent’s presence in the home will be disregarded for 6 consecutive months beginning with the month the spouse is added to the case. The relationship code used in MAVERICS will be NW. See MARRIAGE DISREGARD Chapter 6. 3. A needy grantee relative, other than a parent, fulfilling the parental role, provided he wishes to be included and is not an SSI recipient, or was converted and still included in the SSI computation as an ineligible spouse. NOTE: Remember that a relative other than a parent cannot be designated as payee if one of the legal parents is living in the home with the children. 3100 MISSISSIPPI NON - FINANCIAL CRITERIA: ASSISTANCE UNIT CONCEPT

Revised 08 - 01 - 06

(volume-iii)(page-194)Page 194#

3101 Volume III | Chapter 3

Needy Caretaker When Only Child(ren) SSI When application is made for TANF for a household which includes only a child(ren) who receives SSI, the presence of such SSI children is taken into account for purposes of qualifying that family for TANF. However, the determination of the amount of TANF benefits can be based only upon non-SSI individuals who are eligible to receive cash assistance. That is, only the needs and income of those eligible non-SSI individuals may be included in the budgetary process. Money payment may be available only to the non-SSI caretaker relative in a TANF case. The participation code(s) of the SSI child(ren) should be SS. Inclusion of Mandatory Assistance Unit Members - Special Procedures The Deficit Reduction Act (DEFRA) requires the inclusion of certain individuals in the assistance unit at the time of application, redetermination or when known to the agency regardless of whether or not an application has been filed for such individuals. Use the following procedures when adding mandatory individuals to an assistance unit: 1. Inform the payee of the requirements for the inclusion of such individuals at the next recertification/review; 2. Redetermine eligibility for the assistance unit based on the additional individual. Code the individual IN in MAVERICS only when he meets all technical eligibility requirements. If there is refusal to comply with a technical eligibility factor, apply the appropriate sanction; 3. Terminate assistance for the entire family group when the income of such individual added to the income of other family members makes the unit ineligible on the need factor; 4. If the computation results in ineligibility, take appropriate action to deny or close the case. MINOR PARENT CRITERIA The Mississippi Code at 43-17-5 requires that minor parents (under 18 years old) who are not married and the dependent child or children in their care, live with the minor’s parent(s) or other adult caretaker in order to receive assistance, unless there is good cause. The income and resources of the minor parent’s parents or needy caretaker relative (non-parent PI included in the

MISSISSIPPI NON - FINANCIAL CRITERIA: ASSISTANCE UNIT CONCEPT

Revised 08 - 01 - 06

(volume-iii)(page-195)Page 195#

Volume III | Chapter 3

budget) must be considered when determining eligibility. The intent of the law is that the minor parent remain under responsible adult supervision to oversee the well-being of the minor parent and child and to provide guidance to the young parent. The parent or caretaker relative will be the individual making application and the check will be paid to the adult guardian. Therefore, the adult caretaker must be within the specified degree of relationship for TANF approval. Good Cause Any request for exemption from minor parent requirements must be referred to the Policy Unit for a decision. The minor parent may be exempt from the requirement that she live with an adult caretaker in the following situations: 1. The minor parent has no living parent or suitable relative, or their whereabouts are unknown. 2. No living parent, specified relative, or legal guardian will allow the minor parent to live in his or her home. 3. The minor parent has lived on her own, apart from adult supervision, for at least one year prior to the birth of her child or prior to making application for TANF. 4. The physical or emotional health or safety of the minor parent or her child would be endangered by residing with the minor parent’s parent or other caretaker. 5. There is other good cause to grant assistance to a minor parent living apart from adult supervision. When good cause is claimed for physical or emotional health or safety reasons, current verification from court, physician, mental health, police, or other medical records is required. A referral to Family and Children’s Services is mandatory when no verification is available. The case record must be fully documented to explain the reason for the good cause request. Submit the good cause request with appropriate documentation to the Policy Unit for a decision. No minor parent case may be approved unless good cause is allowed by State Office.

3103 Volume III | Chapter 3

3102 MISSISSIPPI NON - FINANCIAL CRITERIA: ASSISTANCE UNIT CONCEPT

Revised 08 - 01 - 06 MISSISSIPPI NON - FINANCIAL CRITERIA: ASSISTANCE UNIT CONCEPT

Revised 08 - 01 - 06

(volume-iii)(page-196)Page 196#

School Attendance Minor parents who have not completed high school or a GED are required to remain in school. School attendance requirements apply once the minor parent’s child is 12 weeks old. While the minor parent will be exempt from the TANF Work Program as under 18 (code JI), supportive services are available if the minor parent needs child care in order to remain in school. In this situation, refer the minor parent to TWP as a volunteer (code MV). MARRIAGE DISREGARD As an incentive for two-parent families, for the first marriage of the PI occurring on or after October 1, 1999, the Mississippi Department of Human Services will: • Disregard the income and resources of the new spouse for 6 consecutive months; and • Offer TWP services to the new spouse if that person is unemployed or under employed. See Chapter 8 for further information. Allowing this disregard of income and resources will encourage marriage and two parent families and may provide the newly formed family an opportunity to establish a home and better surroundings for the children. The following minimum requirements must be met before disregarding the income: 1. The marriage must be the first marriage for the PI which occurs after October 1, 1999; 2. The marriage date must be verified; 3. An MDHS-EA-348, Request for Income and Resource Information for Stepparent/New Spouse, must be completed by the recipient; and 4. The worker must set a review date for the 6th month of the disregard if possible. This is a one-time disregard and will be applied for 6 consecutive months. MAVERICS notice, A706, Marriage Disregard Notice, will be sent advising the PI that the new spouse will be added to the case but that this will not affect the TANF money payment for six months. If the addition of the new spouse meets the requirements for a reportable change, the 6 month count begins with the month the spouse could be added to the household if the change is reported timely. If the change is not reported timely, the disregard period will be allowed prior to the determination of claim status. If the marriage does not meet the requirements for a reportable NON-FINANCIAL CRITERIA: ASSISTANCE

MISSISSIPPI UNIT CONCEPT

3104 Volume III | Chapter 3 Revised 08-01-06

change, the 6-month disregard period will begin with the first month the spouse can be added to the household after the change is reported. In this instance the change will be considered to have been reported timely if the marriage is reported at the next reevaluation. If the household reports the addition of the new spouse prior to the next reevaluation, the worker will act on the change even if the change is not considered reportable under Simplified Reporting requirements. If the new spouse who is unemployed at the time the marriage disregard is applied, finds employment, his/her income will be disregarded for the months remaining in the 6-month time frame. This disregard applies only to the TANF case and would not affect the Food Stamp case.

(volume-iii)(page-199)Page 199#

[NON-

MISSISSIPPI

GENERAL According to State law, the TANF benefit is limited to children already born or conceived at the time of initial application. Only children born into the family during the first ten (10) months of assistance or a child whose date of birth is prior to the end of the 10-month cap period for the case will be added to the benefit unless the child meets one of the exception reasons. If a child in a current TANF case becomes part of another TANF case (new or existing), the child’s eligibility depends on the 10-month cap period of the case in which the child is being included. If the child, whether capped or not in a previous case, was born prior to the end of the 10-month cap period in the new case, the child may be added to the benefit in the new case. MAVERICS will look at the child’s date of birth and the cap date of the case to determine if the child can be added to the TANF benefit. EXAMPLE: TANF case contains a mother, an eligible child born August 1, 1999, and a capped child born September 10, 2002. The mother moves out of the state and leaves the children with a grandmother. The grandmother already has an open TANF case with another grandchild. The 10- month family cap period in this case ended October 31, 2002. Because the two children moving in with the grandmother were born prior to October 31, 2002, both the eligible child and the child capped in the previous case can receive benefits in the grandmother’s case. EXAMPLE: TANF case contains the mother, a minor mother and her baby. The baby has been a capped child since birth. When the minor mother turns 18, she establishes her own TANF case with her child. As the PI, the 18-year old’s cap period will begin with the first benefit month in the new case. The child, capped in the previous case, is eligible for benefits in the new case. Upon initial case approval, MAVERICS will generate and mail to the household notice A918, TANF Family Cap, which explains the family cap policy. The notice will be sent the first time the family cap start date is set on the CAP2 screen. The family benefit cap date is based on the first benefit month. This month is the first in the ten-month count. A benefit month can be a month in which the benefit, whether regular or prorated, is less than $10.00 and not actually paid to the recipient. EXAMPLE: Application is made September 25 and TANF is approved October 15. October is the first benefit month. Children born through July 31 will be potentially eligible for a benefit. October through July is the 10-month cap period. Children born on or after August MISSISSIPPI [ NON - FINANCIAL CRITERIA: FAMILY BENEFIT CAP] Revised 08 - 01 - 06

(volume-iii)(page-202)Page 202#

[NON-

MISSISSIPPI NOTE: A new 10-month period to add new children is allowed only when the family has been off TANF assistance for at least 12 consecutive months. Existing children are subject to the cap period applicable to them based on date of birth, unless exempt from this provision at reapplication. ADDING NEW CHILDREN TO THE ONGOING CASE The fact that a child will not be eligible for a benefit due to the family cap does not change the family’s requirement to report the birth of the child as required at the next review. Capped children are still part of the assistance unit. An interview with the grantee relative to add the child to the case is required. All eligibility criteria apply to a child under family cap and must be verified as appropriate for any member of the assistance unit. The capped child is coded “IN” the TANF budget but will have a family cap code of “NE”. On the PRAW screen in MAVERICS, the capped child will

3152 FINANCIAL CRITERIA: FAMILY BENEFIT CAP]

Revised 08-01-06

have a code of “1”. The grantee relative must cooperate with child support on the capped child. The family may qualify for work exemption and child care assistance on the basis of this child as well. Child care expenses for capped children are allowed as a dependent care deduction. Capped children are not excluded from food stamp eligibility. Eligibility for other programs should be explained to the parent when adding a child to TANF. INCOME OF CAPPED CHILDREN Though capped children are considered part of the assistance unit, their income is not included in the TANF budget. Any income attributed to a capped child must be coded by the child in MAVERICS. The income will not count in TANF, but will be included in the household’s food stamp budget. For example, child support paid directly to the PI for a family cap child must be coded by that child in MAVERICS so that the income will not count in the TANF budget. EXPLANATIONS AND DOCUMENTATION It is the responsibility of the worker interviewing the grantee relative to explain family cap requirements. The family cap date must be entered on the MDHS-EA-312, Personal

(volume-iii)(page-205)Page 205#

[NON-

3201

MISSISSIPPI FINANCIAL CRITERIA: DEPRIVATION]

Revised 08-01-06

of parental support and care when one or both of the parents is determined to be incapacitated. The definition of incapacity should not be interpreted to include individuals who are merely unemployed. The two-parent family in which neither parent claims a disability must be handled under TANF-UP deprivation requirements. However, if either parent in a two-parent family claims a work exemption based on incapacity, eligibility for TANF (basic) must be determined on the incapacity deprivation factor. If the Medical Review process is used for determination of incapacity as a basis for deprivation, exemption from the TANF Work Program will be decided at the same time, without a separate request. Also, qualifying for SSI and/or RSDI on the basis of age does not constitute automatic incapacity. This must be established for the older parent as for any other parent. Definition Incapacity is defined as a physical or mental defect, illness, or impairment which prevents an individual for the most part from engaging in his usual occupation or a similar one. In order to be considered eligible on the basis of incapacity, the condition must: 1. Make the individual totally disabled to work in the individual's usual occupation or a similar one, or 2. Prevent the individual for the most part from performing useful work in the individual's usual occupation or similar one. That is, the condition is such that the individual is unable to work full-time in work that is within his competence to perform and which is available in the community, or if working full-time, must accept lower wages because the individual's physical or mental limitations prevent the individual from fulfilling all the responsibilities of the work. 3. Be expected to last for a period of 30 days or more. The inability to work, whether total or for the most part, may be caused by either a permanent impairment or a temporary illness or injury.

(volume-iii)(page-207)Page 207#

[NON-

3203

MISSISSIPPI Based on Receipt of Disability Payments A finding of eligibility for RSDI or SSI benefits based on disability or blindness is acceptable proof of incapacity for TANF purposes. Also, receipt of 100% VA disability benefits may be considered proof of disability. The worker will document the finding of eligibility or receipt of these benefits initially and on each redetermination. There is no requirement to submit social and medical information to the Medical Review Unit for these cases. However, any VA benefit percentage less than 100% does require a Medical Review decision. Based on Submittal of Medical and Social Information The process of determining incapacity in TANF begins in the county at the time of the initial application, or at the time the change occurs, and is a continuing activity of the county worker during the time of the receipt of assistance based on this deprivation criteria. The county worker is responsible for three primary duties: (1) observing and talking with the incapacitated parent about his impairment, illness, or defect, (2) describing this condition clearly and adequately in preparing the social information report and (3) assisting the client in securing the medical information required by the medical review board.

3202 FINANCIAL CRITERIA: DEPRIVATION]

Revised 08-01-06

Due to the fact the client will be requested to provide medical information to the agency and the Medical Review Unit, the dissemination and use of this information is protected by the Health Insurance Portability and Accountability (HIPAA) Act of 1996. In order to insure the agency is in compliance with the requirements of this act, the following actions are to be taken by the case worker: 1. Provide the client with a copy of the MDHS-EA-933, Notice of Privacy Practices, if the NOHS does not indicate one has been sent to the client in the past. 2. Secure the signature of the person for whom medical information is being requested on the MDHS-EA-902, HIPAA Authorization For Release of Information.

(volume-iii)(page-208)Page 208#

[NON-

3204

MISSISSIPPI 3. Secure the signature of the person for whom medical information is being requested on the MDHS-EA-903, HIPAA Authorization for Release of Information by the Mississippi Department of Human Services. Preparing the Social Information Report Once the client has provided the required HIPAA releases, the case worker should continue the process of gathering the information to determine incapacity. The case worker will complete the MDHS-EA-332, Report of Social Information based on statements made by the applicant or recipient about his/her physical or mental condition, together with the observed facts about the effect of this condition on the individual’s ability to perform his usual work. The form may be supplemented with an additional narrative if necessary. This report begins with the application interview or change request and continues with each redetermination or other contact with the individual, as scheduled by the Medical Review Unit. The Report of Social Information, MDHSEA-332, is of major importance in reaching a decision as to incapacitating conditions which will qualify an individual for public assistance through TANF. While two people may have about the same illness, defect, or impairment, the effect of the condition on each one may differ greatly in its effect on each one’s ability to carry on his work activities. The social report consists of facts about the effect of the physical or mental condition on the individual’s capacity for carrying on the activities in his work, whether a job for wages, self-employment, or homemaking activities. Since the State Medical Review Unit does not have the advantage of seeing the applicant, the county worker’s summary should aim at presenting the individual‘s situation with clarity, and with a conscious effort being made to keep out personal biases and prejudices. Therefore, the worker must distinguish between what he sees the applicant do or fail to do and what the applicant says he can or cannot do. While the information obtained from the relatives or friends can be helpful, it does not take the place of the worker’s direct observation of the individual during the interview. The worker who observes the incapacitated parent in TANF is in a position to complete the social information report, having seen the extent to which his condition handicaps his movements, the help which other individuals may have to give him, and other important factors

Volume III | Chapter 3

(volume-iii)(page-210)Page 210#

[NON-

3206

MISSISSIPPI payment procedures in these situations. 3. From county health departments, Vocational Rehabilitation counselors, etc. 4. For Veterans Administration Hospitals, obtain a release from the individual, either on the regular form provided by the hospital or in the form of a letter or written statement over the individual's signature, giving his full name, address, social security and

Volume III | Chapter 3 FINANCIAL CRITERIA: DEPRIVATION]

Revised 08-01-06

veteran's claim number and send this request to the appropriate hospital. 5. From other agencies with whom special agreements have been worked out. There are several agencies or medical facilities with which the Department has agreements for exchange of medical information. These are the University Medical Center, Jackson, Mississippi; East Mississippi State Hospital, Meridian, Mississippi; Mississippi State Hospital, Whitfield, Mississippi; and Regional Mental Health Centers. The Medical Review Unit will accept medical information from the sources named above when the applicant for or recipient of TANF has been examined or treated in the facility within twelve months prior to the current date. Follow the procedures below for requesting medical information.

University Medical Center, Jackson. Use form MDHS-EA-333, Request to Cooperating Medical Facilities for Information, to request medical information from a UMC out-patient clinic or from the hospital regarding treatment or examination. Give complete identifying patient information including the patient ID number, and include a stamped, addressed return envelope. NOTE: The University Hospital cannot accept patients for examinations for determining eligibility on incapacity using the MDHS-EA-331, Report of Medical Examination. ∙ Mississippi and East Mississippi State Hospitals. Request medical information from either of these hospitals by use of form MDHS-EA-333 when the individual has been treated within the previous twelve months. Otherwise, obtain a current report from a

(volume-iii)(page-213)Page 213#

4. To make recommendations, where appropriate, for services which the county worker will help the individual obtain in order to help him return to his usual work or become less disabled. 5. To review, separately from the daily process, the medical and social information reports in connection with a fair hearing, and to make recommendations for decision by the Division of Program Integrity, Administrative Hearings Unit. Receipt of Decision from Medical Review Unit Upon receipt of the MDHS-EA-334 with the Medical Review Unit decision to approve incapacity as the deprivation reason for TANF eligibility or for a TANF Work Program exemption, the worker will set a tickler for 45 to 60 days in advance of the next medical review due date. New medical and social information must be completed timely for re-review if the TANF eligibility or work exemption request is expected to continue to be based on incapacity. The regular TANF review may or may not coincide with the date of the Medical Review request. When the medical review is due prior to the next regular TANF review, the TANF review may be pulled up and completed at the same time to reduce case work and office appointments. Upon receipt of the incapacity approval when the Medical Review Unit has indicated a need for additional referrals for treatment or reports prior to the next scheduled review, send a Request for Information, MDHS-EA-942 or Notice A905, to inform the individual of the requested information or referral needed. Tell the individual what additional information will be needed so he/she will have time to discuss this with his/her physician or health care provider as soon as possible. The cooperation of the individual in following the recommendations of the Medical Reviewer must be noted in the social and medical information submitted for the next review request. Failure of the individual to follow the reviewer’s instructions could mean denial of the incapacity request unless the reason is sufficiently documented by the health care provider. Also, the individual’s willingness and cooperation in seeking and following medical treatment for the disabling condition will also be considered in subsequent reviews. If the Medical Review Unit denies the request for incapacity for deprivation, the TANF application will be denied. If the denial is for the work exemption, the individual must be referred to the TANF Work Program as non-exempt if no other exemption is appropriate. Submitting Information for Redeterminations The county worker is responsible for review of the incapacity factor for the parent/needy caretaker in TANF at each redetermination. When the Unit authorizes the county department to obtain a reexamination, the eligibility worker will follow the same procedures used originally in securing the initial examination and obtaining social information. EXCEPTION: The Medical Review Unit may ask for a reexamination of individuals who are incapacitated because of mental retardation or mental illness. Because of the nature of this impairment, the individual may refuse to be reexamined. In such

MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

Revised 08 - 01 - 06

(volume-iii)(page-214)Page 214#

instances, prepare a full, complete social report, indicating the reason for the lack of current medical information and submit to the Medical Review Unit when the report cannot be obtained from other sources. Do not obtain any medical reevaluation earlier than two months before the date specified on the decision form MDHS-EA-334, Notice of Decision of Medical Review Unit Concerning Incapacity And/Or TANF Work Program Medical Exemption. NOTE: When the date of the review of incapacity does not coincide with the date of the regular redetermination, consider the redetermination complete and then set up the tickler file for the special review of this factor. When submitted to the Medical Review Unit for review, the new medical and social information must be accompanied by all former medical, social, and decision forms. Use the tickler file as a control over reexaminations. When the worker notes a change prior to the date of reexamination requested by the Medical Review Unit, he will: 1. When the change is apparent improvement, prepare another social report on MDHS- EA- 332, Report of Social Information, and send this along with all previous social and medical reports to the Unit for another decision. The question of improvement must be resolved by the Unit. 2. When the physical or mental condition of the incapacitated parent has apparently become worse and the parent is not receiving disability benefits under Social Security, SSI, or VA, refer him to the Social Security Office or Veteran’s Administration, as appropriate, to apply for benefits. If the TANF parent applies and is approved for SSI, the worker will remove him from the TANF budget. 3. When the TANF parent’s incapacity continues past six months or its immediate severity is such as to indicate permanent incapacity, the individual should be advised to apply for benefits (RSDI or SSI) at the Social Security Office. The results of this referral should be noted at the next case review. Submitting Information for Reapplications When a parent in TANF reapplies within six months after a case has been closed or an application rejected on the incapacity factor, follow the same eligibility procedures as used originally and submit to the Medical Review Unit. A current examination may not be required when: 1. The social report does not indicate any marked change in the individual's condition. 2. Medical information has become available from another source.

MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

Revised 08 - 01 - 06

(volume-iii)(page-215)Page 215#

Unless the worker notes a marked improvement in the individual's condition or new medical information is available, resubmittal to the Medical Review Unit of reports on cases closed or rejected on an eligibility factor unrelated to incapacity is not necessary. However, eligibility on other factors must again be established. Submitting Information for Requests for Additional Information When the social or medical information is incomplete or inadequate, the Medical Review Unit will specify the information needed and the source from which to request it, or will send the county a form to complete relating to the type of incapacity involved. The Unit may request additional information from the county department for: 1. Cases involving mental retardation. 2. Cases involving epilepsy. 3. Any case requiring complete and specific information in regard to the activities of the applicant or recipient. 4. Any case requiring a summary of the individual's work history and educational ability for retraining. 5. Any case in which there is a wide discrepancy in medical and social information so that neither substantiates the other, or two medicals show entirely different diagnoses. 6. Cases in which the information on the medical report is not adequate for the Unit to make a decision concerning the nature or extent of the individual's incapacitating condition. Submitting Information for Refusals to Cooperate with Rehabilitation Plan When the Medical Review Unit determines an applicant for or recipient of TANF eligible based on incapacity, the Unit may instruct the county to refer him for rehabilitative or restorative services. When the referral is made and the report from the agency shows that the individual has been offered a plan of rehabilitation or restoration and has refused it without a reasonable basis, proceed as follows: 1. The worker will confer with the Vocational Rehabilitation counselor or other agency and talk with the individual regarding his reasons for rejecting the plan. 2. If the individual continues to reject the plan, the worker will report this fact to the Medical Review Team and return all medical and social information reports for a decision as to continued eligibility.

MISSISSIPPI [NON-FINANCIAL CRITERIA: DEPRIVATION]

3209 Volume III | Chapter 3 Revised 08-01-06

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3. The worker will state in the report that the reason for resubmittal is the refusal of the individual to accept the rehabilitation or restoration plan, and give the individual's reason for refusal. 4. Also, if the individual refuses treatment, such as that prescribed by a county health department for drug therapy and rest for treatment of tuberculosis, without a reasonable basis, the worker will submit the report about this, together with the medical and social information reports, to the Medical Review Unit for further consideration. NOTE: Fear of surgery is often a reason for the individual's refusal of the rehabilitation or restoration plan. In some instances, the fear is based on the uncertainty of the success of the surgical procedure, as in the case of heart surgery. However, with more common surgical procedures, the fear usually can be overcome with counseling. Referrals to Vocational Rehabilitation The Division of Rehabilitation Services will provide services to appropriate recipients which can result in their becoming more self-sufficient and in many cases partially or wholly selfsupporting. Referrals are made on form MDHS-EA-320, Temporary Assistance for Needy Families Referral to Vocational Rehabilitation. Prior to making a referral to Vocational Rehabilitation, the worker should review the case record to insure it contains current copies of the MDHS-EA- 902, HIPAA Authorization for Release of Information and MDHS-EA-903, HIPAA Authorization for Release of Information by the Mississippi Department of Human Services. Role of the Eligibility Worker The eligibility worker is responsible for assisting the individual with referrals to the Division of Rehabilitation Services and must: 1. Determine those individuals whose referral is recommended by Medical Review Unit; 2. Recognize those individuals who could potentially benefit from services; 3. Furnish information and explanations to help the individual get an appointment with the counselor who serves that county; 4. Explain the necessity for referral, making certain that the applicant or recipient understands that the Department expects him to cooperate; 5. Send the referral form, MDHS-EA-320; 6. Take whatever follow-up steps are necessary to determine continuing eligibility after the worker receives a report from the counselor on the availability of services or the success or failure of the rehabilitation plan.

MISSISSIPPI [NON-FINANCIAL CRITERIA: DEPRIVATION]

Revised 08-01-06

(volume-iii)(page-217)Page 217#

Individuals to be Referred The individuals whom the eligibility worker will refer fall into two groups: 1. Applicants or recipients for whom the Medical Review Unit has recommended referral. 2. At the discretion of the eligibility worker, those individuals who the worker thinks are feasible; that is, they meet most of the selection criteria used by Vocational Rehabilitation for screening. This group may include spouses and essential individuals included in the recipient's financial need income test as well as individuals themselves. Selection Criteria In determining the feasibility for referral of individuals whose referral is not mandatory, the worker should consider the criteria established by the Division of Rehabilitative Services. Basically, the individual referred must meet these requirements: 1. A disability or incapacity must exist. 2. The disability or incapacity must constitute a vocational handicap; that is, must prevent him from performing useful work. 3. There must be a reasonable expectation that the services could result in continuing employment. Specifically, Vocational Rehabilitation considers the individuals who meet the following criteria very good referrals and the best prospects for successful rehabilitation: 1. Individuals who have potential for a substantial work period following vocational rehabilitation. 2. Individuals who had recent work experience prior to the onset of disability or incapacity. 3. New applicants or recipients who have been in the caseload for one year or less. 4. Individuals who manifest interest in employment. 5. Disabled or incapacitated unemployed young men and women. 6. Disabled or incapacitated individuals rejected for the TANF Work Program. On the other hand, the following "screen-out" criteria may be helpful to the worker. For referrals which are made at the discretion of the worker, the conditions listed below would preclude referral. These screen-out criteria are:

1. Terminal stage illness. MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

Revised 08 - 01 - 06

(volume-iii)(page-218)Page 218#

2. Mental retardation and/or other impairment so severe as to preclude work adjustment. 3. Advanced age. 4. Long-standing neurological and/or psychiatric impairment not responding to treatment, substantiated by poor employment and social histories. 5. Applicant totally uncooperative will not keep appointments, furnish information, etc. NOTE: Do not screen out a referral simply because Medicaid will pay for the medical treatment needed to correct the disability or incapacity. There may be other services to offer the individual. In many cases proper treatment or correction of the physical or mental disability, social services, and training or retraining can prepare an individual for employment. Often after sustaining a disabling injury or developing a disabling or incapacitating condition, the individual cannot return to his former employment but can be trained for a different type or a less strenuous job. Confidentiality of Medical Information Medical records are always considered confidential. Medical reports are not included as part of case material for the hearing folder unless the hearing is on the medical decision. In this case, the medical is resubmitted to the Medical Review Unit rather than with the hearing folder. See Chapter 13, Hearings. Refer also to the discussion of confidentiality of all case information. CONTINUED ABSENCE Definition A child may be considered deprived for the reason of continued absence when one or both of his legal parents is absent from the home. The parents may be divorced, separated, or the father was never married to the mother even though paternity was established for one or more of the children. Whatever the reason for the absence from the home, in order for a child to be considered deprived, the facts must establish that the absent parent has ceased, for the most part, to function as a parent; that is, as a provider of maintenance, physical care and guidance for the child. Even when a child's legal parent does not live in the home, the child may not be deprived due to continued absence. If the parent continues to have contact with the child and to assume responsibility for the child by providing support and care, then the child cannot be considered deprived for the reason of continued absence.

(volume-iii)(page-219)Page 219#

06 Evaluating Parental Involvement The worker is responsible for evaluating the situation based on facts provided by the payee and, in some instances, the absent parent or others. The decision and supporting evidence as to whether or not a child is deprived due to continued absence should be documented in the case record in most instances and in every case where it is not obvious. Every case situation is a judgment made by the worker after careful evaluation. Supervisory advice should be requested whenever this determination is not clear. All of the following conditions need not be met, but in evaluating situations to determine whether or not the parent who is absent from the home provides support, guidance and care, give consideration as to whether: 1. The child communicates on a regular and frequent basis with the parent. The child may go back and forth between the absent parent's home and that of a parent with whom he lives, or the absent parent may visit the child(ren) on a schedule that indicates he could be providing physical care and guidance. Routine visitation has the same effect on determination of deprivation, whether such visitation is the result of court-ordered visitation, joint legal custody, or an informal agreement between the parents. It is the actual visitation, and not necessarily what is stated in a court order, that counts in determining how often the absent parent visits the child. 2. The absent parent provides guidance. Guidance means day-to-day parental participation in and responsibility for the child's physical, emotional, and intellectual development. Such participation includes, but is not limited to (depending on the age of the child) accompanying the child on doctor visits, attending school conferences, providing discipline, participating in decisions concerning the child's wellbeing and being involved in the child's extracurricular activities. 3. The absent parent provides physical care. Physical care means performing tasks required in the child's daily life or having the responsibility for supervising a child's activities and assisting with personal care. 4. The absent parent provides maintenance and is responsible for the child's medical care. Maintenance means either financial support paid directly to the child's household or substantial in-kind contributions of food, clothing, and other necessities. In joint custody cases, whether stipulated in a divorce settlement or in a legal or informal separation agreement, that place a child for specified amounts of time in the home of each parent, the worker must determine whether deprivation due to the continued absence of either parent exists. The actual circumstances of each case must be carefully reviewed to determine whether the child is deprived of parental care and support. In case situations where the child spends a portion of each week or month with each parent, it is MISSISSIPPI

[NON-FINANCIAL CRITERIA: DEPRIVATION] Revised 08-01-

(volume-iii)(page-220)Page 220#

unlikely that there is an interruption of either parent's care and support. However, if the child

Volume III | Chapter 3

06 spends the school year with one parent and vacation periods with the other parent, the absence may be of a continuous nature for the period of time that the child is with the payee. Although there is not a specific time period for establishing deprivation by reason of continued absence, the absence must be of such duration as to establish the break in parental functions as described above and for the agency to establish eligibility. Reasons for Continued Absence While there are only four separate reasons for deprivation, continued absence may be due to any of several specific reasons. These are described below. Divorce or Legal Separation A child living with one parent who has secured a divorce or legal separation from the other parent will be considered deprived of parental support or care, provided the parent who is out of the home is not fulfilling his/her parental role, as discussed above. Also, divorce or legal separation may be the basis for deprivation for a child living with another relative when neither of his parents are in the home. There is no provision for legal separation in the Mississippi statute although there is a provision for bringing a separate support and maintenance action. However, legal separation could be the basis for deprivation for children in this state when the child's parent obtained this legal action in some other state which has the provision. Divorce or Legal Separation To establish divorce or legal separation the worker will: 1. Obtain a statement from the grantee relative concerning the fact of the divorce or order for separation, the time and place of the order, and the provisions made for support. 2. Substantiate, if possible, the fact of the divorce or legal separation from copies of the order in the possession of the individual. 3213 MISSISSIPPI

[NON-FINANCIAL CRITERIA: DEPRIVATION] Revised 08-01-

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3218

MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

Revised 08-01-06 1. The circumstances under which the desertion or absence took place. 2. What steps the parent or other relative has taken to locate the absent parent, and whether or not the absent parent's current address, employer, etc., is known. 3. What other sources of information are available from which to obtain additional facts when the account given by the other parent or relative is inadequate to establish the fact of absence. 4. What contributions the absent parent has sent since the desertion. When additional evidence of absence and lack of support is needed, any or a combination of the following sources of information is acceptable: former employers, parents or other relatives of the absent parent, friends who have knowledge of his whereabouts, business associates, labor unions, lodges, or organizations to which the parent belonged. Never Married (Illegitimacy) Children of unmarried parents will be considered as deprived of a father due to lack of marriage unless paternity has been established for the child. In cases of out-of-wedlock births when paternity has not been established, the mother is the only legal parent of the child. If the mother is still legally married to someone other than the biological father of the child, the mother’s legal husband is the legal father of the child until excluded from paternity, and it is the legal husband who must be referred to the Division of Child Support Enforcement. A child born out of wedlock for whom paternity has not been established is considered deprived of a father, even when the putative (alleged) father lives in the home, when it has not been established that this man is actually the child's father and therefore legally responsible for his care and support. Refer to Chapter 3, Explanation of Terms, for the definition of a legal parent and acceptable methods for establishing paternity in the TANF case. To establish deprivation due to lack of marriage of the child’s parents, the worker will ask the mother or other grantee relative: 1. The name of the putative father, his whereabouts, and what arrangements he has made to support his children. 2. What steps, if any, the applicant has taken to have paternity established for the child. 3. Whether the putative father has signed a voluntary admission of paternity, or would be willing to do so.

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3219

MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

The mother or other relative must then document her statements in some way or assist the worker

MISSISSIPPI [NON-FINANCIAL CRITERIA: DEPRIVATION]

Volume III | Chapter 3 Revised 08-01-06 to obtain substantiation by other means. This documentation may be that: 1. A birth certificate has the name of the father left blank, with the mother's maiden name given, and this information corresponds with the mother's statement of non-marriage to the putative father of the child. NOTE: The fact that the birth certificate has the name of the father does not necessarily mean that he is the legal parent. Unless the father was married to the mother or paternity has been established by court order or signing of the ASAP form, the legality of the relationship may not be determined. It is sometimes helpful when requesting a birth certificate from Vital Records to ask that the back of the certificate be copied also. This may contain a notarized admission of paternity allowing the father’s name to be on the birth certificate and will be helpful in getting legal paternity established. NOTE: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 allows voluntary acknowledgments of paternity signed on and after August 22, 1996 to serve as legal findings of paternity subject to the right of either parent to rescind the acknowledgment within the earlier of 60 days or the date of a judicial proceeding relating to the child (including a proceeding to establish a support order) in which either parent is a party. 2. The mother or other relative gives an account of the relationship with an unnamed individual, along with substantiation that the mother had a relationship with this individual which resulted in the birth of the child. She may produce records, introduce statements or references, or use other means to establish that the child was born of such a relationship. 3. The mother is or was legally married, there has been no legal divorce, and the payee claims that a man other than the legal husband is the father. If she does not report the marriage at the time of birth, the birth certificate will not give the name of the father at all. According to Mississippi paternity law, the man to whom she is legally married is the legal father of any child born to that mother unless a court of law establishes otherwise. In such cases in which the Economic Assistance Office is aware of the legal marriage, the worker must initially report the legal husband to the Child Support Enforcement Office as the absent parent. The worker may send a message to alert the Child Support Office that

(volume-iii)(page-224)Page 224#

3220

MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

the mother is claiming another man as the actual father. At a later date, if the absent legal father's paternity is nullified by the court, the worker will receive an alert to update MAVERICS to remove the original absent parent. A new referral will be required to refer the putative father and begin the process of establishing paternity, if necessary. 4. In some cases, it will be necessary to establish relationship between the child and a grantee relative other than the mother. Obtain statements regarding the conception and

Revised 08-01-06 birth of the child. However, in a case which involves proving relationship to a relative of a putative father, this requires naming the putative father and making a determination of paternity; otherwise, relationship and deprivation cannot be established for TANF eligibility. Whenever relationship to the caretaker relative within the specified degree cannot be established within timely processing standards, deny the application. Approve TANF if relationship can be established at a later time, the individual reapplies for money payment, and all other eligibility factors continue to be met. Hospitalization When the parent is hospitalized for more than a temporary period of time, and this results in an interruption of his functioning in providing care and support for the children, consider the children deprived for this reason. A hospitalization for illness such as tuberculosis, mental illness, some heart conditions, or surgery with complications can result in stays in the hospital for more than a temporary period. In such cases, it may be appropriate to explore incapacity as the deprivation reason. However, most hospital stays are of a temporary nature. To establish absence due to hospitalization the worker will obtain: 1. A statement from the patient's physician regarding the nature of the illness or injury and the expected length of stay in the hospital, or 2. A statement from the hospital or medical facility concerning the nature of the illness or injury and the expected length of the stay. See Chapter 3, Living with Caretaker Relative - Temporary Separations, for further information. Imprisonment

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3221

MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

When the legal parent of a child is imprisoned, this usually results in an interruption in his function of providing care and support for the children. When this occurs, verify imprisonment by checking the court record to ascertain the date of conviction and the term of the sentence if possible. Otherwise, write the prison in which the parent is incarcerated. When the imprisonment is long term, consider deprivation due to continued absence. When the imprisonment is short term or a sentence is being served on a week-end arrangement, determine whether or not the parental functions of care, supervision, and support are interrupted. Individuals who are imprisoned are not eligible for TANF money payment when the incarceration period is expected to be a month or more. When this situation becomes known, a new caretaker relative must be determined.

MISSISSIPPI [NON-FINANCIAL CRITERIA: DEPRIVATION]

Volume III | Chapter 3 Revised 07-01-19 In situations in which the parent is allowed to serve the sentence on week-ends, or other arrangements in which he is in and out of the home but is providing economic support, the children cannot be considered deprived for this reason. NOTE: This is not the same situation as the one that is discussed directly below. See Chapter 3, Living with Caretaker Relative - Temporary Separations, for further information. Court Sentenced to Unpaid Work A child or children will be considered deprived of parental support and care by reason of continued absence when: 1. A parent has been convicted of an offense and is under sentence of a court, and 2. The sentence requires, and the parent is performing, unpaid public work or unpaid community service during working hours, and 3. The parent is permitted by the court to live at home while serving the sentence because of crowded jail conditions or for other reasons in the public interest. Because other reasons for deprivation due to continued absence mean that the parent is physically absent from the home, the worker will apply the following procedures in handling TANF cases based on absence while the parent is physically present in the home. These are:

(volume-iii)(page-227)Page 227#

3223

MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

2. Submit a new social information report, together with the former social and medical reports, to the Medical Review Unit for another decision when the parent continues to have physical or mental limitations or does not agree that he is able to resume regular work. Include all information on the type of work, his ability to perform it, and related facts. Return of Absent Parent to the Home When an absent parent returns to the home after the TANF case has been approved based on his absence due to hospitalization or imprisonment, continue the TANF benefit for a temporary period of adjustment not to exceed three months. Consider the parent who has been sentenced by the court to unpaid work as having "returned" to the home when he has served his sentence or has been paroled or pardoned. During this time the family will be able to overcome the effects of the absence. Of course, deprivation does not exist during this period, but the purpose of the adjustment period is to allow the parent to find work, resume his former job, learn a new skill, or otherwise resume his role as wage-earner. Do not add the returning parent to the TANF budget and do not continue assistance beyond the threemonth period. Terminate the payment before the three months have elapsed when:

MISSISSIPPI [NON-FINANCIAL CRITERIA: DEPRIVATION]

Volume III | Chapter 3 Revised 08-01-06 1. The parent obtains work. Do this without regard as to whether or not his earnings meet the TANF budgetary requirements. When he has obtained work, the effects of his absence have been overcome, and the case must be closed because the children are no longer deprived of the support and care of the parent. 2. Or financial need no longer exists because of receipt of income or resources which exceed the budgetary requirements or cash reserve maximum. If the worker has put the payee on written notice that eligibility will cease at the end of the three- month period, additional advance notice is not required. Otherwise, give the usual ten day advance notice period prior to termination of benefits. If the parent returning to the home is ill or incapacitated, use the three-month period to obtain medical information, prepare a social information report, and obtain a decision from the Medical Review Unit. If incapacity is established, add the parent to the TANF budget and continue assistance based on incapacity. If incapacity does not exist, consider whether the family may

(volume-iii)(page-228)Page 228#

3224

MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

qualify under TANF-UP as the basis for deprivation. UNEMPLOYED PARENT (TANF-UP) Unemployment of the parent who is the principal wage earner is an additional reason for deprivation when there are two able-bodied parents in the home. All other factors of TANF (Basic) eligibility remain the same, except that both parents in any family eligible for TANF by reason of unemployment must participate in the TANF Work Program, unless temporarily exempt. If either parent claims a work exemption because of incapacity, the TANF-UP case must be changed to TANF-Basic and a Medical Review decision requested immediately. The TANFUP parents are subject to higher participation hours for the Work Program, so that prolonged exemptions could adversely affect the family’s time limits without work activity. Even though both able-bodied parents may be in the home, a dependent child is considered deprived of parental care or support when the natural or adoptive parent who is the principal wage earner is unemployed as defined below. Requirements for TANF-UP Qualification To qualify for TANF-UP, the unemployed parent must: 1. Be the principal wage earner (PWE). This is the parent who earned the greater amount of income in the 24-month period immediately prior to the application for benefits. The individual’s statement is accepted unless questionable. Once designated, the PWE will not change as long as a child in the assistance unit remains eligible because of unemployment of a parent. If both parents earned the same amount in the 24-month period, the worker will designate which parent shall be the principal wage earner based on discussion with the family. The case record will be documented to substantiate the determination of PWE.

Revised 08-01-06 2. Be unemployed and meet the following conditions: a. Is not currently working and has not worked full time for at least thirty (30) days prior to receipt of TANF benefits; or b. Is the PWE but works less than 100 hours per month; and c. Has not refused a bona fide offer of employment or training without good cause within the 30 day period prior to receipt of TANF benefits; and

(volume-iii)(page-232)Page 232#

4. Participate in the TANF Work Program, unless temporarily exempt; 5. Accept a bona fide offer of work/training/education unless there is good cause. 6. Claim unemployment compensation benefits when eligible. Explanations Relating to TANF-UP Assistance Unit (AU) The dependent child(ren) must be living with both parents, and the relationship verified. If the mother is legally married to someone else, the family is ineligible for TANF-UP unless the paternity of the natural father in the home has been established by court order. In stepparent Volume III | Chapter 3 3223

situations where there is a common child, the PWE, second parent, mutual child, and the children of each parent must be included in the TANF-UP budget. In either situation, the entire assistance unit (AU) is ineligible if the family fails or refuses to cooperate in determining TANF-UP eligibility. NOTE: The term “common child” is used to identify families in which both parents of at least one child reside together with that child(ren), regardless of the marital status of the parents, when the father has completed an admission of paternity (except when the mother is legally married to another) or when the court has established paternity. If deprivation is claimed based on continued absence, death, or incapacity and there is no common child in the stepparent family, eligibility for TANF cannot be based on UP as the deprivation reason. PWE Designation Accept the individual's statement regarding the designation of the principal wage earner unless questionable. If both parents earned the same, establish PWE by discussion with individuals. In either case, document the case to justify designation of PWE. Work History When establishing work, training, or education quarters for recent connection to the labor force, verification is required only to the extent necessary to prove earnings of at least $50.00 per quarter or enrollment in the training/education during that quarter. Bona Fide Offer of Employment or Training At application, accept the individual's statement for case documentation unless questionable that (1) no offer was made, or (2) the offer was refused. A bona fide job offer is an offer at or above minimum wage for such work in the area, even if the work is unrelated to the PWE's previous work history or the pay is less than previous earnings. A bona fide training offer would be for training for a specific job, not necessarily related to prior work history or previous earnings. After approval for TANF, the case manager or Job Readiness Trainer will provide verification of MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

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husband, who is PWE, and was laid off on July 22. The 30-day period of unemployment begins July 23 and ends August 22, so the husband and common child cannot be eligible prior to that date. The TANF application would be approved with the mother and her own child coded IN, the husband coded ST (stepparent) and the common child coded OU for July and August. The husband and common child would be coded IN for September, assuming no change that would make the family ineligible. In ongoing cases, when eligibility under TANF-UP must be determined because the PWE in a stepparent family becomes unemployed, this parent, his/her children, and any common children who are now eligible for TANF due to the unemployment of the PWE are added to the TANF money payment effective the month after all eligibility requirements are met. The case cannot revert to stepparent budgeting as long as the PWE is unemployed. The common child has become technically eligible because of the PWE's unemployment, so the child must be included in the AU as long as the parents meet UP requirements. In the example given above, if the mother already had an active TANF case for herself and her child prior to the husband’s loss of employment, eligibility for TANF-UP would be determined and the husband and common child added to the money payment for September, provided all required verification is received by August 31. If the family fails to provide required verification timely and then turns it in at a later date, the stepparent and common child would be added for the next month. In the situation given, if verification is not received until September 10, and eligibility is found to exist, the husband and common child would be added to the money payment for October. Situations When the Absent Parent Returns Home When the children are currently receiving TANF based on deprivation due to continued absence of a parent and that parent returns home, eligibility for TANF-UP must be determined. If the family is ineligible for TANF-UP because the PWE does not meet the recent connection to the work force, the family is ineligible to receive TANF with UP as the deprivation reason. When One Parent Is or Becomes Incapacitated If both the parents are in the home and either parent is or becomes incapacitated, determine deprivation under incapacity rather than TANF-UP. When incapacity ends, eligibility for TANFUP may be determined. Work Hours The PWE must verify monthly that he/she was employed less than 100 hours per month. This is determined by the month in which the hours were worked and may not be the month in which the pay was received. If the hours worked are not on the check stub, the individual must be informed to provide this statement regarding work hours. Do not count hours by pay equivalent. MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

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3225 Volume III | Chapter 3

Work hours may vary per month but must not average over 100 hours per month. Thirty (30) Days Consecutive Unemployment The PWE must be unemployed (or working less than 100 hours per month) for 30 consecutive days prior to approval for TANF money payment. The 30-day period begins the first day after the PWE's employment ended. 1. If PWE is unemployed at time of application and has not worked in more than 30 days prior to the application, the deprivation factor has been met at the time of application and the usual timeliness standards for application processing apply. 2. If PWE applies the day after his employment ends, the family is not entitled to a money payment until he/she has been unemployed the full 30 days (or until the 31st day). If the 31st day falls in the month following application, the TANF grant would be prorated from the point of approval in the second month. 3. If the PWE is working less than 100 hours in the 30 days preceding the date of application, he/she has met the requirement on the date of application. 4. If the PWE worked 100 hours or more in the 30 days prior to application but is expected to work less than 100 hours prospectively, the application must be held for 30 days before entitlement. NOTE: TANF-UP applications which must be held for the 30-day unemployment period will not be considered overdue when held pending only for that reason. All casework and verifications should be completed within the normal timeliness standard and the case should be ready for supervisory approval on the 31st day. The supervisor must change the Benefit Start Date on COAR screen to authorize payment. Self-Employment If the PWE is self-employed and claims to be working less than 100 hours per month, document the case to establish or refute unemployment based on his/her verification of earnings, work hours, and work history. Work History Not Covered by Social Security If PWE claims to have worked in circumstances where no record was established by payment of Social Security withholding, the burden of proof will be upon the individual to provide verification from the employer giving time periods and wage amounts. MISSISSIPPI [ NON - FINANCIAL CRITERIA: DEPRIVATION]

Revised 08 - 01 - 06

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3226 Volume III | Chapter 3

06 TANF Work Program Registration Both parents are required to participate in the TANF Work Program (TWP), unless one parent is caring for a severely disabled child or household member. Initial Benefits TANF-UP eligibility cannot be established for any day prior to the PWE's meeting the 30 consecutive days of unemployment. The supervisor will adjust the benefit start date in MAVERICS to account for this unique situation. Eligibility shall not begin earlier than the 31st day after employment stops. The benefit start date should be changed to the 31st day of consecutive unemployment when this does not occur until after the application date. 1. If the 30-day period of unemployment falls in the month of application and the case is ready for supervisory review and approval prior to that 31st day, hold the case until the full 30 day period has expired before authorizing benefits. 2. If the 30-day unemployment period ends in the month of application and the case is approved the following month, authorize full benefits for the second month. 3. If the 30-day unemployment period ends after the month of application, change the benefit start date in MAVERICS to the 31st day. Benefits would be prorated in the month following the application month based on the date of approval. NOTE: DO NOT confuse the 30 day standard of promptness with the 30 day period of unemployment. The 30 day period of unemployment may end prior to application, anytime during the standard of promptness, or after the 30 day standard of promptness has ended. The application must be completed within normal timeliness standards, other than authorization of benefits, which cannot be done until the 30 days of unemployment has been met. Authorization Periods TANF-UP cases will be approved based on regular TANF standards. Continued Eligibility If the designated PWE, on whose unemployment the deprivation factor was met, continues to cooperate in TWP and does not refuse a bona fide job or training offer without good cause, the MISSISSIPPI

[NON-FINANCIAL CRITERIA: DEPRIVATION] Revised 08-01-

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TANF-UP family will continue to meet that factor of deprivation. If other family circumstances change, these must be considered when reviewing eligibility factors. Child Support Requirements The TANF-UP family must cooperate with appropriate child support enforcement activities for children within that family.

Volume III | Chapter 3 MISSISSIPPI [NON-FINANCIAL CRITERIA: DEPRIVATION] Revised 08-01-06

Transitional Child Care The TANF-UP assistance unit shall be entitled to Transitional Child Care (TCC) services if they meet the criteria for money payment closures. MAVERICS Notice A802 explains potential eligibility for TCC when the TANF-UP case closes due to an increase in hours. Transitional Transportation TANF-UP households may qualify for Transitional Transportation as any other household that loses money payment eligibility. However, only one parent per household is eligible to receive a transitional transportation payment. Closure of the TANF-UP case The TANF-UP case will be closed when: 1. Unearned income makes the family ineligible, not including the one month suspended status. 2. The family composition changes so there is no longer a dependent child deprived because of an unemployed parent. NOTE: 100 Hours Rule for UP cases: The TANF case will close when the PWE begins working 100 or more hours per month and anticipates this income to continue. If both the PWE and spouse are employed 100 hours or more per month the TANF case will close. Choose the closure reason most advantageous for the client. Earned income vs 100 hours - earned income closure will supply the family with transitional services. If the spouse (not the PWE) is employed at 100 or more hours, the 100 hours will not apply and he/she will be eligible for the disregards. 3. Increased earnings or loss of disregards cause closure. The family could receive transitional childcare and one adult could receive transitional transportation benefits. 4. The PWE goes on strike. 5. Other TANF eligibility factors are not met. 3227

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REQUIREMENTS The age limit for a dependent child to receive a TANF benefit is 18. The child will no longer be eligible beginning with the month after his/her 18th birthday, unless the date of birth falls on the first of the month. The child must be under 18 at least one day of the month to be eligible. The date of birth must be verified for each child in the TANF assistance unit. A caretaker relative, or grantee relative, is a parent or other adult relative within the specified degree of relationship who is 18 years old or older. State law requires minor parents (under age 18) who are not married to live with their parent(s) or other adult caretaker relative in order to receive assistance. Requests for exemptions from this provision must be approved on a case by case basis by the Economic Assistance Policy Unit. See Minor Parent Criteria. VERIFICATION AND DOCUMENTATION The long birth certificate with the Vital Statistics registration number listing the child’s name, date of birth, and the name of the child’s parent(s) is the preferred verification document. However, other types of documentation may be used whenever this is not available. Selection of Documents In selecting records or documents to be used to establish date of birth or age, note the following principles: 1. One important consideration in using a record is to note whether or not it might have been made in order to set down the birth date or other facts to be used in establishing eligibility for TANF. 2. Entries made in personal records, such as a family Bible, birthday book of the family, and the like, must give evidence of having been made in times past. That is, do not accept a newly written record of the date of birth or other information being sought. 3. The record must be free of erasures, mark-overs, or other changes. 4. Do not keep original documents, such as birth or baptismal certificates, marriage licenses, or other documents of personal value to the applicant. Either make a copy of the document or record the information and return the document to the applicant. 5. There is no requirement for a record to have been in existence for any specified period prior to the date of application. Recording Documentary Evidence Record on form MDHS-EA-301C, TANF Basic Data Form, the nature of the document used and MISSISSIPPI [ NON - FINANCIAL CRITERIA: AGE] Revised 12 - 01 - 06

(volume-iii)(page-240)Page 240#

its pertinent content, as follows:

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1. Public Records: Identify the type of record, the date of the record, and the information contained in it. The worker will record the date seen and sign the entry. 2. Personal Records: State the type of record, whether family Bible, birthday book, baptismal or marriage certificate, insurance policy, or other document. State what the record shows with regard to the date of birth or other factor of eligibility for which documentation is being sought. The worker will record the date seen and sign the entry. If the record is in the possession of an individual in another county, ask the other county department to see the record and supply the information to be used. Conflicting Information When records give conflicting information about a date or other point of eligibility, the conflict must be resolved and a decision made as to the most valid piece of evidence. Base the decision either on a preponderance of evidence or the greater merit of one record compared to a more doubtful one. Preponderance of evidence means that a number of pieces of evidence agree and thus outweigh another which is different. Some examples of less reliable documents are burial policies, employment records, medical records, etc. A hospital record may give an approximate age while burial policies or employment records may contain altered ages, up or down, which are advantageous to the individual giving the information. If conflicting evidence is found, the worker must evaluate it with a supervisor if needed, make a logical decision in view of all the facts available, and then record the reasons for accepting one or more pieces of evidence and disregarding another. Comparing the document with other social history data which the applicant has given may be helpful. Sources for Establishing Age The date of birth of each child must be established before approval for TANF. Establish the age of the payee when there is doubt that the payee is under or over 18 years of age or is under or over age 60 or 65. Only when the payee's age impacts on another eligibility factor is it necessary to furnish actual proof of age for a payee. Given below are sources for establishing or documenting age and in some cases relationship as well. A public or religious record of birth established before age five (5), such as a birth certificate or baptismal record. A short form birth certificate is sufficient to establish date of birth, but will not verify relationship. The long form birth certificate may be used for both eligibility factors. 3300 MISSISSIPPI [ NON - FINANCIAL CRITERIA: AGE]

Revised 08 - 01 - 06

(volume-iii)(page-243)Page 243#

For the TANF applicant who states intent, physical presence in the State of Mississippi in addition to the above two requirements would establish residency in this state. However, when the worker thinks or an applicant states that he received assistance from a former state of residence, ask him to provide his notice of closure. If he does not have this in his possession, contact the appropriate welfare agency by phone and/or send form MDHS-EA-914, Out-of-State Inquiry, by mail or fax. If confirmation of closure is not received by the end of 30 days, proceed with the approval of the application and notify the agency in the other state that the applicant and his family are now living in Mississippi and give the effective date of approval for assistance in this state.

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NOTE: Most county offices have a national welfare directory with the agency names, addresses, and phone numbers for offices in other states. This directory may be located with the Child Support or Social Services offices, or with Economic Assistance. COUNTY OF RESIDENCE State statutes governing receipt of assistance specify that the application for TANF shall be made in the county in which the applicant and his family are living and making their home with the child(ren). This provision establishes the responsibility of the county in which the family is living for accepting the application, determining eligibility, and authorizing or denying assistance, as well as maintaining contact with the recipients after assistance is granted. Recipients are free to move within the state. This is not a reportable change, however if reported or known to the agency, the case would be transferred to the new county for proper handling. If the client comes into the office to report a change in address, the client should complete the MDHS-FO-116, Change of Address form. TANF TIME LIMITS When the applicant has received TANF benefits in another state, the number of months the family received benefits that included a needy caretaker relative must be verified and added to the 60-month maximum benefit counter in MAVERICS. The request to adjust the time limit counter(s) must be submitted to the Help Desk on the MDHS-MIS-10.2, MIS Incident Control Form, with the verification from the other state(s). DENIAL OF ASSISTANCE Individuals Convicted of Misrepresentation of Residence The individual who is convicted in Federal or State Court of having made a fraudulent statement or representation, with respect to the individual’s place of residence in order to receive TANF (or SNAP) benefits in two or more states simultaneously shall be denied assistance for a period of 10 years. Verifications must be obtained, or provided, to manually track the convictions and penalty times served before reapproval for benefits. The case containing such an adult should be labeled as “Permanent” and provide an immediate alert to anyone handling the case that the individual must be disqualified until the 10 year period is served. Other members of the family may be eligible based on 3350 MISSISSIPPI [ NON - FINANCIAL CRITERIA: RESIDENCE]

Revised 08 - 01 - 06

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[NON-

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MISSISSIPPI FINANCIAL CRITERIA: RESIDENCE]

Revised 08-01-06

TERMINATING RESIDENCE Individuals are residents of Mississippi until they abandon residency here. Continuity of residence is not interrupted by temporary absences, defined as three months or less, with subsequent return to Mississippi or the intent to return when the purpose of the absence has been accomplished. An absence of longer than three months requires that the county contact the recipient prior to the end of the third month and determine intent with regard to returning to Mississippi. An individual who has been approved for assistance in another state will be considered to have abandoned residence in Mississippi. For recipients who plan to relinquish residence in Mississippi and establish residence in another state, follow these procedures: 1. Prior notice given by recipient: Let the recipient know that eligibility will terminate in the month following that in which he/they leave Mississippi. Give or mail the payee the 10-day advance notice of closure unless the client makes his request in writing for immediate case closure. 2. No prior notice given by recipient: When the family or a member of the family leaves the state without notice to the county office, the county will assume that the absence is to be a permanent move. When the departure becomes known and the family cannot be reached or collateral contact cannot confirm the family’s plans, send the non-advance notice immediately for closure of the case and proceed with closure or other appropriate action unless the payee notifies the county of a plan for a temporary absence. Send a copy of the advance notice to the economic assistance department in the other state, when known. These situations may require a claim to be identified and worked. 3. With or without prior notice: When another county within the State notifies the county that the TANF family has moved and is applying for assistance there, take appropriate action to transfer the case to the new county. See MAVERICS procedures in Volume X and mail the case record to the new county after completing alerts, documentation, etc. If the payee notifies the county that his or the family's absence is temporary, and there is a plan to return, set a tickler to verify return to the state.

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3400 Volume III | Chapter 3

MISSISSIPPI [ NON - FINANCIAL CRITERIA: ENUMERATION]

Revised 08 - 01 - 06

3352

REQUIREMENTS The parent or other caretaker relative must disclose or apply for a Social Security account number for all members of the assistance unit. The application for and disclosure of Social Security account numbers is a technical factor of eligibility for assistance through the TANF and other assistance programs. Only those individuals for whom we have a Social Security number or for whom an application for a number has been completed are eligible to be included in the assistance budget. The enumeration requirement will be considered met at application when one of the following exists for each member of the assistance unit: 1. Provision of the Social Security number (SSN), either verbally or by showing the card or other document containing the number for each individual in the assistance unit; 2. Receipt of a completed MDHS-EA-949, Referral for Social Security Number Application, showing SS-5 completed; 3. Receipt of form SSA-5028, Receipt for Application for a Social Security Number, completed by the Social Security Administration (SSA) office; 4. Proof of the request for enumeration at birth by copy of the certified birth certificate (long form) with the name of the newborn, official signature of a hospital employee, and a checkoff box attesting to the application for a SSN for the newborn; 5. Copy of a revised SSA-2853 including, at a minimum, the name and address of the hospital, the date and the signature of an authorized hospital employee, and the name of the parent and newborn; 6. Receipt of any official statement from the SSA that provides a Social Security number or verifies that an application has been made to obtain a number. Only items that include an actual SSN will meet the enumeration requirement on an ongoing basis. Proof of application for a number will be valid only prior to receipt of the actual number. The SSN must be recorded in the case record for each individual receiving assistance no later than the next regular case review, unless good cause is documented. The application must not be approved without the SSN or verification of the SSN application for the PI. Duplicate or multiple SSN’s and other MISSISSIPPI [ NON - FINANCIAL CRITERIA: ENUMERATION] Revised 08 - 01 - 06

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3401 Volume III | Chapter 3

MISSISSIPPI [ NON - FINANCIAL CRITERIA: ENUMERATION]

Revised 08 - 01 - 06 discrepancies must be resolved prior to approval or addition to the TANF case. The quarterly MAVERICS reports of individuals without SSN’s must be reviewed upon receipt and appropriate action taken to request missing numbers and resolve any discrepancies. RESPONSIBILITIES OF THE DEPARTMENT Legislation and Federal regulations dictate that the Department has the responsibility to: 3. Inform individuals that enumeration is an eligibility requirement and that failure of the

Volume III | Chapter 3 payee to apply for or disclose a Social Security number for all individuals in the assistance unit means that the needs of the payee and any child for which the individual refuses or fails to comply cannot be included in the budget, though their income will be included in determining eligibility and benefits. 2. Inform individuals who have applied for SSN’s that the number must be reported upon receipt or no later than the next regular case review, unless good cause is documented. 3. Inform individuals that the Social Security account number will be used in the administration of the TANF Program and the TANF Work Program as a means of identification in securing information through the Income Eligibility Verification System (IEVS) as well as other records to identify wages and resources. 4. Inform individuals that the Social Security Act is the authority for the requirement of application for or disclosure of these numbers. 5. Refer individuals using form MDHS-EA-949, Referral for Social Security Number Application, to the Social Security Office to make application for a SSN when appropriate. 6. Enter the SSN in MAVERICS when the individual already has an account number or when the individual receives a number(s) that was applied for and reports the number(s) to the worker. 7. Document the application for the SSN. When this is done for a newborn on the birth certificate application, include copies of the documents. 8. Send periodic request for information notices (MAVERICS Notice A908) to families in which an individual has not reported receipt of the SSN that was applied for and take appropriate action on the response. 3400

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3403 Volume III | Chapter 3

MISSISSIPPI [ NON - FINANCIAL CRITERIA: ENUMERATION]

Revised 08-01-06 NOTE: A metal or other non-official card that contains the SSN is unacceptable as verification of a SSN. 2. The BENDEX, State Data Exchange (SDX), or correspondence from the Social Security Administration. 3. The Social Security Number Validation identifier in MAVERICS on CLPR. 4. Individual's statement or other documents containing the Social Security number, such as driver's licenses, wage stubs, etc. 5. WTPR screen. After it has been verified that an application for a SSN was made, the payee must be told to provide the SSN as soon as it is received, with one exception. For recipients enumerated through the enumeration at birth project (EAB), the SSN must be reported at the first redetermination following the receipt of the number. The EW may assist the payee in obtaining verification of the SSN if it has not been received within a reasonable period. Generally, receipt of a SSN through the EAB process requires up to 13 weeks, or one calendar quarter, maximum. Unless there are other problems related to SSA requirements, applicants for a SSN should receive their number within three (3) months or less in most instances. It is the responsibility of the individual, with assistance from the worker as necessary, to follow-up when the SSN has not been received and to continue to take appropriate action to get a number. Once the SSN has been received and is reported to the EW, record the number and enter the SSN in MAVERICS by completing an inquiry on the individual and making the change on the CLMA screen. Whenever possible, a copy of the source document used to obtain the individual's SSN should be filed in the case record with other basic data materials on the left side of the TANF, or generic material, as appropriate. However, remember that hard copy proof of a number is not mandatory and no penalties may be applied for failure to provide verification of the number, unless required to clear up a discrepancy. VALIDATION OF SOCIAL SECURITY NUMBERS The worker should document the case record and review MAVERICS when the individual reports receipt of the SSN. Once the SSN is entered in MAVERICS whether at time of application or at a later date, it will be validated by automated tape match with the SSA through the IEVS computer match process. When the individual is added to MAVERICS, the system sets the code to N (not

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3404 Volume III | Chapter 3

MISSISSIPPI [ NON - FINANCIAL CRITERIA: ENUMERATION]

Revised 08 - 01 - 06 validated). This validation code appears on the CLPR screen after the SSN. Entry of the validation code on CLPR is an automatic system process and cannot be entered by the worker even when the Social Security card is available for verification. If the individual's identifying data changes, the validation code resets to N and the process is repeated. Whenever there is a discrepancy, when MAVERICS alerts the worker to a problem, and/or upon receipt of the MAVERICS listing of individuals without a SSN, the county worker must take any necessary steps to resolve the situation. When application for a SSN was made through the enumeration at birth process, a MAVERICS/SSA automated match is not possible. The individual must provide the SSN to be entered in MAVERICS for validation. The validation process includes the following situations: 1. When the individual's SSN matches perfectly with SSA, MAVERICS will change the validation code from N to Y (validated). No further action is required unless the worker later receives information which makes this SSN invalid. NOTE: The SSN validation can occur as a result of the initial Wire Third Party Query process. See MAVERICS instructions for the WTPQ procedure for verifying income from SSA/SSI benefits. 2. When the individual's SSN, as provided, does not match with SSA, the validation code will remain N, and an IEVS SSN Validation Match alert will be created. The worker may be able to resolve the discrepancy or may need to contact the individual. Any discrepant information between MAVERICS and the SSA will generate a non-valid match. Names must match exactly in spelling, initials, etc. If the name and number match, but there is a discrepancy in date of birth or sex, the SSN will not be validated and the Validation Match alert will be generated. Therefore, care in entering correct information may prevent validation problems. 3. When the SSN has been applied for through the MDHS-EA-949, Referral for Social Security Number Application, and there is a perfect match with SSA, the SSN will be automatically entered on the MAVERICS records. If the individual is included in a TANF or food stamp case, the system will enter EN (enumeration) as the verification code on the SSDO screen. The validation code on CLPR will be changed from N to Y. The worker should review MAVERICS, document the case record with the number, and resolve any discrepancies.

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MISSISSIPPI [ NON - FINANCIAL CRITERIA: ENUMERATION]

Revised 08 - 01 - 06 4. When there is no SSN on the MAVERICS records, an IEVS SSN ENUM/VAL Match Data alert will be created. The validation code will remain N and periodic alerts will be generated. MAVERICS ALERTS AND NOTICES To assure prompt reporting and MAVERICS entry for SSN validation, MAVERICS produces SSN alerts and a quarterly listing of individuals/cases without SSN's. The alert creation process runs weekly to look for any individuals without a SSN in an active case. When an individual meets the criteria, the system calculates three months from the current date, creates an alert with text SSN REQUIRED FOR (NAME OF INDIVIDUAL), and enters the alert with a DUE DATE of three months. The alerts will be created for individuals without SSN's every three months. If the worker deletes the alert but does not enter a SSN for the individual, another alert will be created at the end of the second three months. The alerts will continue to be created every three months for up to one year until a SSN is entered for the individual or there is no longer an active record for that individual. MAVERICS notice A908 is intended for use to request a SSN for anyone, including newborns. If more than one individual in the same case needs to report a SSN, a separate notice can be sent for each individual, or the request may be added in the worker comments section at the bottom of the notice. To assure that we obtain SSN's as quickly as possible, the worker will follow this procedure: 1. When the first SSN alert is received on an individual with no SSN, send the A908. On the notice, enter the

∙ name of the individual whose SSN is being requested

∙ the date of the SSN application, and

∙ the date by which the information must be received (10 days). The worker must set an appropriate tickler/reminder to take action. 2. If there is no response at all from the individual within the 10 days, the worker will take action to close the case for failure to provide information, providing the required advance notice. 3. If the individual responds with the requested SSN, document appropriately in the case record and in MAVERICS for system validation. 4. If the individual responds to say that he has not yet received the SSN, the worker will document the case record to show the response and set a tickler to send the individual another notice in one-month. The tickler could be a screen print of the original notice or other document.

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MISSISSIPPI [ NON - FINANCIAL CRITERIA: ENUMERATION]

Revised 08 - 01 - 06 5. If, after receipt of the second system generated alert or at the time of the next case reevaluation, the individual continues to report that he has not received the SSN even though there is verification that he applied, start over with the MDHS-EA-949 process. Note in "Remarks" section of the MDHS-EA-949 the reason for request. 6. Document the new SSN application date in MAVERICS and the case record, and begin the alert/notice routine again after the next three-month SSN alert is received. Changing the SS- 5 date does not change the MAVERICS three-month alert creation cycle. The notice history and case documentation of the individual's response provide proof that we received and/or the individual reported the SSN timely and that the worker took appropriate action. The notice process applies to all programs. Documentation will be filed as appropriate in the generic section of the case file. NONCOMPLIANCES AND PENALTIES Disclosure of the Social Security number or proof of application for a SSN is mandatory prior to case approval for the grantee relative (PI). Refusal or failure to provide the SSN or proof of application requires denial of the TANF application. When a payee refuses or fails to apply for a Social Security number for a dependent child, both are sanctioned. That is, their needs are not included in the assistance budget but income, both unearned and earned, is included. The appropriate income disregards for the case are allowed, but the noncooperating parent and the child(ren) for whom enumeration has not been met cannot be included in the budget. Both the parent and the child(ren) will have a TANF participation code of DI. In a one-child case where the grantee relative has failed to cooperate with enumeration requirements, neither the child nor the needy caretaker is eligible until the enumeration requirement has been met. An application may be rejected if this requirement is not met within the standard of promptness period. EXAMPLE: A mother applies for TANF for herself and her three children. The mother and two of the children have Social Security numbers. If the applicant fails or refuses to follow through with the referral or fails to follow up to secure needed information for the Social Security office to complete the SS-5 for the third child, only the needs of the children who have Social Security numbers can be in the assistance budget. However, any income as described above of the mother and the third child will be included in the budget and their participation codes in MAVERICS are DI. When the payee is making every effort to meet the enumeration requirement for the child(ren) but has been unable to do so, this does not constitute refusal to cooperate. The payee can be included in the budget along with the children for whom enumeration has been met. The third child will be included when Social Security returns the MDHS-EA-949 showing that the SS-5 has been

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GENERAL To participate in the TANF Program, an individual must be either a citizen of the United States or an alien lawfully admitted to the United States who must meet certain alien eligibility criteria. The presence in the household of an alien who does not meet the eligibility criteria shall not prevent the remainder of the assistance unit from applying for and receiving TANF benefits, if otherwise eligible. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, enacted August 22, 1996, limited participation in the TANF Program to qualified aliens who meet certain Immigration and Nationality Act (INA) statuses and certain veterans or active duty military personnel and their families. CITIZENSHIP AND ELIGIBLE ALIENS Individuals in the following classifications are eligible to receive TANF: For an Unlimited Period 1. A United States citizen. 2. An alien lawfully admitted for permanent residence who has worked 40 quarters of coverage under Title II of the Social Security Act, or can be credited with such qualifying quarters. A qualifying quarter includes one worked by a parent of an alien while the alien was under 18 (credits of quarters before the child is born are allowed) and a quarter worked by a spouse during their marriage if the alien remains married to the spouse or the spouse is deceased. Beginning January 1, 1997, any quarter in which the alien received any Federal meanstested benefit, such as SSI, TANF, SNAP, or HUD housing assistance, for example, is not counted as a qualifying quarter. 3. An alien who is a veteran of the U. S. Armed Forces and was honorably discharged for reasons other than alienage; an active duty member of the U. S. Armed Forces, other than active duty for training only; and the spouse and unmarried dependent children of such personnel. Eligibility for the surviving spouse of a deceased veteran or individual on active duty will continue, provided the spouse has not remarried and the marriage fulfills the requirements of Section 1304 of title 38, U.S.C. NOTE: “Unlimited Period” does not mean that there are no time limits applicable to the TANF case; only that the qualified alien may receive benefits, if otherwise eligible, under the same time limit maximums as all other TANF assistance cases. MISSISSIPPI NON - FIANANCIAL CRITERIA: CITIZENSHIP AND ALIEN STATUS

Revised 08 - 01 - 06

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For Five (5) Years After the Designated Alien Status is Obtained 1. An alien admitted as a refugee under Section 207 of the Immigration and Nationality Act. 2. An alien granted asylum under Section 208 of the Immigration and Nationality Act. 3. An alien whose deportation is withheld under Section 243(h) or Section 241(b)(3) of the Immigration and Nationality Act. 4. An alien lawfully admitted for permanent residence, if the alien entered the U.S. within the last five (5) years as a refugee, an asylee, or deportation was withheld. INELIGIBLE ALIENS An alien who is not in one of the above listed eligible categories will not be eligible for TANF. Some of these aliens may be lawfully admitted, but only for a temporary or specific period of time. Such aliens may include visitors, tourists, students, and diplomats. In addition, any alien who has entered or remains in the United States unlawfully is not eligible for assistance. After five years, those aliens listed as eligible for five years after designated alien status is obtained, will no longer be eligible. INCOME AND RESOURCES The ineligible alien’s income will be prorated and the resources shall be counted in their entirety to the remaining eligible members in the assistance unit. This is accomplished by coding the ineligible alien DI for TANF participation. VERIFICATION OF ALIEN STATUS Prior to approval, verification of alien status must be presented by the applicant. If the alien applicant does not provide documents establishing his alien status on a timely basis or if his alien status is questionable, the eligibility of the remaining household members shall be determined in accordance with regular TANF requirements, coding the questionable alien DI pending verification of status. If adequate documentation is subsequently received, the worker shall act on the reported change in accordance with appropriate timeliness standards. Once the applicant has submitted acceptable documentation of his alien status, benefits cannot be denied, delayed or reduced on the basis of his immigration status, pending verification from U.S. Citizenship and Immigration Services (USCIS). 3500 MISSISSIPPI FIANANCIAL CRITERIA: CITIZENSHIP AND ALIEN STATUS]

Revised 08 - 01 - 06

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The alien may present USCIS documents that verify alien status. The most commonly used immigration documents include, but are not limited to, the following:

3501

NON-FIANANCIAL CRITERIA: CITIZENSHIP AND ALIEN STATUS

Revised 07-01-19

1. Form I-551 - Resident Alien Card and Conditional Resident Alien Card 2. Form I-151 - Alien Registration Receipt Card 3. Form I-94 - Arrival-Departure Record (Annotated with Section 207 or refugee, asylum, or paroled.) 4. Form I-688 - Temporary Resident Card 5. Unexpired foreign passport when it contains an endorsement “Processed for I-551. Temporary Evidence of Lawful Admission for Permanent Residence” USCIS documents provided by the applicant must be validated by the worker through the Systemic Alien Verification for Entitlement (SAVE) program using Secondary Verification Procedures. For applicants claiming eligibility based on 40 quarters of work, the worker will access WTPQ inquiry from INME menu to verify the quarters from Social Security Administration’s automated system. Applicants claiming military service must provide verification of a veteran’s honorable discharge or status in the service for active duty member. SPONSORED ALIENS Qualified aliens with a sponsor who signed the affidavit of support prior to December 19, 1997, will have deeming procedures for three years. If Form I-864, USCIS Affidavit of Support is signed on or after December 19, 1997, all income and resources of the sponsor and their spouse will be considered until the alien has worked 40 qualifying quarters of coverage or becomes a naturalized citizen. See Chapter 6, Budgeting Process, for procedures to be followed. QUESTIONABLE CITIZENSHIP STATUS A member of the assistance unit whose citizenship is questionable shall be ineligible until proof of citizenship is obtained. Citizenship is not verified unless questionable. REPORTING ILLEGAL ALIENS The appropriate USCIS office shall be informed whenever it is determined that any member of a

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NON-FINANCIAL CRITERIA: LIVING WITH CARETAKER RELATIVE

Revised 08-01-06

SPECIFIED DEGREE OF RELATIONSHIP When a needy child does not live with a parent or parents, he must live in the house with another adult relative who comes within the specified degree of relationship in order to be eligible for TANF. The child and caretaker relative must live together in a place of residence maintained by the relative as his home. Relatives Within Specified Degree The following is the list of relatives, other than a legal parent, who come within the specified degree of relationship: 1. Brothers or sisters, half-brothers or half-sisters, uncles or aunts, first cousins, first cousins once removed (also known as second cousins), and nephews or nieces. This group also includes individuals described by the prefix of grand, great, or great-great. However, only great-great-great grandparents are designated as specified relatives. First cousins are defined as the children of the brothers and sisters of the dependent child's mother and father; in other words, the children of their uncles and aunts. First cousins once removed, or second cousins, are the children of the parent's first cousin or the children of the dependent child's own first cousin. 2. Stepfather, stepmother, stepbrother, and stepsister, but not the step-grandparent. The relationship of step-grandparent occurs when one of the child's own parents remarries. For instance, if the child's own mother dies and his father marries the second time, the second wife becomes the child's step-mother. Then the step-mother's parents become the child's step-grandparents. A grandparent-in-law is within the required degree. The relationship of grandparent-inlaw occurs when one of the child's grandparents remarries. For instance, if the child's paternal grandmother dies and his paternal grandfather marries again, this second wife of the child's grandfather becomes the child's grandmother-in-law. To restate, a step-grandparent is the parent of the child’s stepmother or stepfather, and is not within the specified degree of relationship for TANF approval. A grandparent-inlaw is the spouse of the child’s actual grandparent, from a remarriage, and is within the specified degree of relationship for TANF approval. 3503

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3. Individuals who legally adopt a child or his parent, as well as the natural and other legally adopted children of such individuals. All relatives of individuals who adopt children become the relatives of the adopted children, just as if there were a blood relationship. 4. Spouses of any individuals named in the above groups, even if the marriage is

Volume III | Chapter 3

terminated by death or divorce. Although no “legal” relationship remains between the payee and child, the widow/widower or divorced spouse of a blood relative will remain within the specified degree of relationship for TANF purposes. 5. A natural or biological parent whose child has returned to this parent's home after being legally adopted by another individual. In such instances, the natural parent is no longer legally responsible for the child and the adoptive parent(s) must be reported to the Division of Child Support Enforcement in order to meet the eligibility requirements for TANF. The adoptive parent is now the parent who is legally obligated to provide food, shelter, and clothing and to care for and maintain the child. Effect of Custody The fact that there has been judicial consideration of the child's circumstances and that the court may have taken jurisdiction of the child or given legal custody to another agency does not constitute a barrier to the child's being considered as living with a relative. The relative, of course, must exercise responsibility for the child, and must be within the specified degree of relationship. An individual with legal custody of a child, but who is not within the specified degree of relationship may not have a TANF case for that child. Guardianship To be eligible to receive TANF for a child, the guardian or conservator must be either (1) the parent or other specified relative with whom the child lives or (2) the guardian or conservator of the parent or other specified relative with whom the child lives. In the second situation, the guardian would usually be the protective payee for the case with his/her name entered on the EBCR screen to receive and handle the TANF benefit. Payment cannot be made to a legal guardian or conservator of the child if this is not a relative within the specified degree of relationship with whom the child lives. If such is the case, the worker should obtain the consent of the guardian before making a specified relative, not the guardian, the grantee relative. Guardianship is also addressed under corrective authorization procedures. 3600 MISSISSIPPI NON - FINANCIAL CRITERIA: LIVING WITH CARETAKER RELATIVE

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putative father, usually the mother of this alleged father in whose home the child is living or will live. If the putative father has been located and is willing to follow the legal procedures for establishing paternity, refer him to the Division of Child Support Enforcement to establish relationship between the child and the putative father. If this is not possible, other sources of information must be considered. If paternity cannot be established with the reported putative father, then relationship to the caretaker relative cannot be established. If the mother of the child can be located, she is usually able to assist in establishing relationship to a relative of the putative father, but if the mother has died or deserted, the worker will have to depend on other sources to furnish information that may lead to individuals who can establish the facts. For example, if the mother, other relatives of the mother or putative father, or close friends can furnish the names of individuals in the community where the mother and putative father lived together, these individuals can sometimes make affidavits as to the fact that the mother and putative father lived together at a known address, were accepted as man and wife at a specified date, and that the child was born to them of this union at a definite time. If such information has to be used, statements should be obtained from more than one individual, and each individual giving information in this way must give definite facts and state how he knew that the situation existed at the time. CHOICE OF CARETAKER RELATIVE In TANF, the mother or other female relative most frequently makes application and becomes the payee. A legal parent in the home is always the caretaker relative, even when a protective payee is required. The caretaker relative is the primary individual (PI) in MAVERICS. The PI may or may not be a needy caretaker when other than a legal parent. The legal parent will be a needy caretaker unless he/she is an SSI recipient and therefore technically ineligible for TANF or is disqualified from the budget for reasons such as enumeration or alienage. When Both Parents are in the Home This situation will occur in cases of deprivation based on incapacity, unemployed parent, or court sentence to unpaid work. When both mother and father are in the home, either may be the payee and they should come to a decision on this point. When there is already a known MAVERICS case in the name of one parent, register the application in this name/number unless there are special circumstances to consider, such as the disability of one parent. When Parents Are Deceased or Have Deserted Child(ren) When children have lost their parents and live with another relative, the worker must evaluate the relative's interest in, attitude toward, and feelings for the children as well as the health and physical arrangements in the home of this relative. It may be better for the children if another relative accepts them in his/her home. In these situations, the Division of Family and Children’s Services may be able to help the family work out the best plan for the selection of a caretaker relative. NON-FINANCIAL CRITERIA: LIVING MISSISSIPPI NON - FINANCIAL CRITERIA: LIVING WITH CARETAKER RELATIVE

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MISSISSI3602PPI

WITH CARETAKER RELATIVE Volume III | Chapter 3 Revised 08-01-06

When Parent is Under 18 When the parent is a minor under age 18 and he/she is in a TANF budget as a dependent child, the minor’s child will be added to the TANF assistance unit. The child may be subject to the family benefit cap. The minor parent and his/her child must reside with the minor’s parent(s) or another adult caretaker relative within the specified degree of relationship in order to receive TANF. She/he may not be the payee for the TANF case for her own child(ren) unless an exception is granted by the Economic Assistance Policy Unit. When Parent is TANF Child and Becomes 18 When the parent is a TANF child who becomes 18, both mother and baby must be removed from the caretaker relative's TANF case. The 18-year-old must make a separate application for her/himself and the child(ren), if assistance is needed. If the young mother is incompetent mentally or physically to be the payee, the young parent must still be the payee but her own mother or other caretaker relative may be named as a protective payee. CHOICE OF NEEDY CARETAKER RELATIVE Introduction When a child has a legal parent in the home, that parent must be the grantee relative and will be the needy caretaker, included in the TANF budget, unless receiving SSI or technically ineligible. In situations where an adult other than a legal parent is the grantee relative, that individual may or may not be a needy caretaker. The family must choose who will be the caretaker relative when more than one adult is in the household and meets the qualifications. For example, a child may live with his grandparents. Both adults cannot be caretakers, but they may choose which will be the PI and caretaker. The worker will explain the advantages and disadvantages of each possible choice and allow the adults to decide. A stepparent may not be included in the TANF benefit as a needy caretaker when there is a legal parent in the home, unless deprivation has been established by reason of incapacity of the parent or stepparent and there is a common child. Definition When the parent(s) of the child(ren) is not in the home, the TANF case may include one needy caretaker relative who meets all of the following requirements: 1. Is exercising parental control and providing care for the child or children; 2. Is living in the home with the child or children;

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06 3. Is related to the child or children within the specified degree; 4. Is determined to be financially needy and has his basic requirements and income included in the TANF money payment budget; 5. Is not a recipient of SSI, or does not have his requirements included in another assistance budget. Individuals Not Qualifying Certain individuals do not qualify as a needy caretaker. Such people include: 1. A payee who is a relative other than a parent and who fails to qualify for inclusion in the budget under the criteria listed above, or who does not wish to be included. 2. A parent whose needs are not included in the budget due to receipt of or inclusion in an SSI grant consideration or technical ineligibility due to application of the penalty for noncooperation with enumeration requirements or ineligible alien status. Second Parent Eligible for Money Payment A second parent can qualify for TANF benefits as a recipient of TANF when all of the following requirements are met: 1. He is the legal parent of at least one child in the budget or of one child who would be in the budget if not receiving SSI; 2. He is living in the home with the eligible child(ren); 3. Deprivation is based on his incapacity, the incapacity of the other parent, court ordered work without pay, or unemployment of the principal wage earner; 4. His basic requirements are included in the TANF budget. This means that he is not a recipient in his own right or does not have his requirements included in another assistance budget. Occasionally, an unusual situation may occur in which the other legal parent of a child of a TANF minor mother may qualify to have his needs and income included in the TANF budget and be eligible for all TANF benefits. Such an example is given in Chapter 6, Minor Mother Budgeting, with instructions for handling. Establishing Parental Control and Supervision

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supervision of the child, the worker will discuss with the applicant: 1. The circumstances under which the child became his responsibility, 2. The whereabouts of the parent or parents, 3. The relative's plans for the child's care and education, 4. And the other factors which ordinarily govern parents or parental figures in the exercise of duty toward their child or children in their care. If the parent or other adult relative states that the child is physically present in the home with him, the eligibility worker will establish this fact through the discussion with the applicant during the initial interview. The worker is not required to see the child or children, though this will be done in instances in which a question arises as to whether or not the child is in this home or under the relative's parental supervision. A discussion of living arrangements, school attendance, and problems arising in the management of the home and child will all assist in establishing the child's presence in this home. The child(ren) can be temporarily out of the home for medical care and still meet the requirement of "living with". However, medical care excludes treatment of children committed to a mental hospital. Also, children committed to the state training schools are no longer under parental control and supervision and are not eligible for TANF. DEFINITION OF HOME A child must be established as living in the home with his parent(s) or with a specified relative. “Home” is defined as the family setting maintained or in the process of being established by a parent or other relative who assumes responsibility for the child. Usually, the child shares the same household with the relative. However, the requirement for “living with” a caretaker relative and the definition of a home are not confined to the occupation of the physical household by the child and relative, provided there is a valid reason for the child or relative to be separated and the situation is temporary. TEMPORARY SEPARATIONS Definition A temporary separation of the parent or other relative and the child does not affect eligibility, provided the absent member does not establish a permanent home elsewhere and the reasons for the separation show the temporary nature of the arrangement. The worker must establish that the parent or other relative retains control and guidance of the child. When the child and relative are physically separated, establish the purpose of the separation, the duration, and the plan for the home to be maintained for the child.

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06 The following are situations in which the child and relative are temporarily separated in order to carry out a specific purpose, with the plan for the relative to continue supervision and to maintain a home to which the child or adult is expected to return. Hospitalization Hospitalization of the child or parent is considered temporary when the illness is of such nature that a return to the family is expected and parental responsibility continues. Educational Training A situation considered to be a temporary separation occurs when a child attends a school away from home because of the unavailability of school facilities near the relative's home or the plan for attendance at a boarding school is made in order to afford protection for the child and a period of adjustment away from his home setting. The purpose may also be that of the child's obtaining vocational or other special educational training or a college education. When the child returns home regularly, on week-ends and vacations, consider that the parent or other relative retains control and supervision. When it is the parent who is attending school away from the child but returns home regularly on weekends, breaks, for special occasions or emergencies and maintains continuous contact with the individual providing care of the child, consider that the parent retains control and supervision of the child(ren). Visits Consider a visit a temporary separation when the child or grantee relative visits another relative or other individual with a plan to return at the end of a specified period. Also, at times there is the need of an older individual in the family, usually the child's grandparent, who lives alone, to have someone in the house with him at night. When the parent or other relative plans with the elderly or incapacitated individual for one of the children to stay nearby with this individual at night, this will not be considered separation of the parent and child. The parent or other relative retains control and supervision of the child and the child's real home remains with the parent or other relative. Absence for Work Purposes When it is necessary for the parent to work away from the home where the child lives, the parent 3605

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must be found to retain control and supervision of the child. The parent must live away from the home in order to get a job and must then delegate to another adult relative the day-by-day care of the child. However, the parent must continue to make the important decisions about the child and to maintain frequent contact with him if the child is to be considered living with the parent. Long absences during which the parent works elsewhere, does not return to the home, and does not plan for and direct the care of the child, do not meet the definition of temporary absence for

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the purpose of obtaining work. If the parent is obviously not retaining parental control and supervision, then the county must make a change of payee to the adult relative who is exercising this function and also report the absent parent for desertion and/or nonsupport. For the budgeting of parent and child when the parent works away from home, see Chapter 6, When Working Parent Temporarily Out of Home. Extended Absence A parent or caretaker relative must report within five (5) days when it becomes clear to the household that the child(ren) has left home or when the child(ren) will be absent from the home for more than 30 days. Failure to report such absences timely will result in disqualification of the caretaker relative and a subsequent reduction in food stamp benefits. See Chapter 7, Changes, for a discussion of this reporting requirement. EMERGENCY SITUATIONS Temporary Arrangements From time to time, emergencies arise which deprive a child or children of the care of the parent or other relative through whom he has been receiving aid. For instance, the parent or other relative may die, desert, be imprisoned, or be hospitalized for a physical or mental illness. When an emergency occurs, another relative or sometimes an unrelated individual comes in to care for the children or takes them into his home temporarily until new arrangements can be made. This individual is acting for the relative and the child is regarded as continuing to live in his own home. Payment to Individual Acting for Relative When such arrangements come about in emergencies, the TANF grant may be paid to the individual acting for the relative for a temporary period. A temporary period is a period limited to that actually necessary to make and carry out plans for the child's continuing care and support, including that time needed to make a change of payee, but shall not exceed three months. In using the emergency payment procedure, the following provisions must be met: 1. The TANF benefit is made only for individuals who were already included in the TANF budget at the time the emergency occurred. When the payee is absent temporarily due to 3606 MISSISSIPPI NON - FINANCIAL CRITERIA: LIVING WITH CARETAKER RELATIVE

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REQUIREMENTS Appropriate immunizations are required for all children who receive TANF benefits according to the plan recommended by the HHS National Vaccine Program and approved by the State Department of Health, unless good cause is met. This program is intended to improve the health care of all children. EXPLANATIONS Immunization requirements should be explained to applicants and recipients. Since the parent is provided a schedule by the infant’s physician, the Health Department, or other clinic overseeing the birth and infant checkups, it is the responsibility of the parent/caretaker to plan for routine vaccinations as recommended. The program must be explained at each application and regular case review to ensure that the caretaker understands medical services that are available and takes advantage of these services to promote healthy babies and children. Appropriate pamphlets must be provided by the worker. COMPLIANCE REQUIREMENTS The worker will rely on the Recommended Immunization Schedule from the Department of Health to discuss each child’s immunizations with the caretaker relative. However, some children may not meet the recommended schedule for various reasons, while still being “on schedule” for their own particular situation. The county will rely on verification from the child’s medical care provider to determine whether a particular child has met his/her individual requirements. Since children in public schools must provide proof of current immunization before admission, we will consider such children to be in compliance as long as they remain enrolled in a public school. VERIFICATION Current immunization is a condition of eligibility for TANF children from birth through age 17. Therefore, verification is mandatory. For children attending public schools, document the fact of public school attendance and do not ask for further verification, unless questionable circumstances exist. Children not attending school, being home-schooled, or attending a nonpublic school must provide proof of current immunizations. The immunization card from the health care provider is usually in the caretaker relative’s possession and may be used to verify

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immunization. Otherwise, form MDHS-EA-311, Immunization Verification, or a statement from the health care provider may be used. GOOD CAUSE Good cause must be determined whenever a child appears not to meet immunization requirements. Good cause may also be requested whenever a family has failed to meet the immunization requirement. Good cause reasons may include: 1. Established religious beliefs which prohibit injections/vaccinations or medical treatment. The caretaker relative should discuss alternative preventive measures with the health care provider, and the worker will document the alternate plan established for this child. 2. Recommendation by the health care provider that the child should not be immunized. 3. Delays in scheduled immunizations because of illness or other health conditions of the child. 4. Family emergencies beyond the caretaker’s control that prevented scheduled appointments from being kept. 5. Other situations which temporarily prevent the family from meeting compliance, such as delays in obtaining second appointments. In such cases, the caretaker should be able to provide appointment schedules. More than one such delay in six months should require very careful screening to determine if good cause can be approved. The county worker must document all requests for good cause with the explanation/verification. The caretaker relative must be allowed 30 days to comply with the immunization requirement or show good cause before a sanction may be applied to the case. MAVERICS Notice A911 must be sent notifying the caretaker of the noncompliance and pending sanction and of the date by which compliance/good cause must be verified. This notice is mandatory prior to a sanction, including application situations where information has been requested on the MDHS-EA-942, Request for Information, or other MAVERICS notice. If compliance is met or good cause established timely, no penalty will be applied. Document the good cause decision in the case record. Good cause requests are initiated on the ISAT screen in MAVERICS with the good cause approval/denial entered on ISGC.

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SANCTION FOR NONCOMPLIANCE If the caretaker relative fails to respond to the A911, fails to verify compliance of the child, or good cause is denied, the worker must document the case record and apply the appropriate sanction. The sanction is initiated for the next possible month after the 30-day period from the date of notification has expired and good cause/compliance is not established. In application situations, the 30-day compliance period will usually extend beyond the 30-day standard of promptness. The application must not be denied solely due to failure to verify immunization compliance and/or good cause. The worker must complete the application within the standard of promptness, including any child for whom immunization verification/good cause has not yet been established in the budget. If the A911 has not already been sent, it must be done at this time and the caretaker relative allowed 30 days to complete verification of compliance or good cause prior to sanction being imposed. A 25% sanction of the monthly TANF benefit will be imposed after the 30-day notification period has expired and the caretaker has failed without good cause to obtain the recommended immunizations for the children in their care. The sanction will remain in place until verification of compliance/good cause is provided for all noncompliant children in the assistance budget. Denial of good cause on the ISGC screen in MAVERICS initiates the sanction. The worker must complete this screen, and then rework the TANF budget on AFPD to apply the sanction. MAVERICS Notice A914 is used to notify the caretaker relative that a sanction has been applied and the benefit reduced. A 25% penalty will also be applied to food stamp benefits when the TANF penalty is imposed. The worker must rework the food stamp budget on FSAD to initiate the penalty, after completing the TANF sanction procedures. An adverse action notice is required to inform the client of the change. Only one immunization sanction may be applied per household, regardless of the number of children in noncompliance. However, the sanction will not be removed until all children are in compliance or have established good cause. All noncompliances will be coded on the ISAT/ISGC screens, but only one 25% sanction will apply. Once compliance/good cause is met, the sanction will be lifted for the next possible month. Compliance will be entered on the ISAT screen and the TANF and food stamp budgets worked to lift the sanction. MAVERICS will continue to apply the appropriate TANF and food stamp sanctions until all children show compliance or good cause approval on ISAT/ISGC.

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REQUIREMENTS Regular school attendance is required until high school graduation or completion of a GED for TANF children ages 6 through 17 years of age. The objective of this requirement is to improve the education/literacy level of TANF children in order to bolster self-esteem and encourage their selfsufficiency as adults. EXPLANATIONS It is the responsibility of the case worker to explain school attendance requirements and the electronic process of exchanging attendance data at each application, reapplication and redetermination. The caretaker relative must understand that failure of a TANF child subject to school attendance requirements to attend satisfactorily or assist in verifying data will result in a sanction of both the TANF and SNAP benefits, unless good cause is met. COMPLIANCE REQUIREMENTS The family may comply with school attendance requirements by enrollment and attendance in a public school setting, by enrollment and attendance of a recognized GED program or by completing a certificate of enrollment accepted by the local school district for private school enrollment or a Home Instruction program. A child whose sixth birthday occurs early in the year but who is not yet subject to enrollment in first grade under state law is considered to be in compliance. Satisfactory attendance to meet this requirement means no more than two (2) unexcused absences in any month, except for good cause and assist with verifying data. Only absences considered by the school to be unexcused will require good cause determination. The caretaker relative is responsible for providing all identifying information (social security number, date of birth, given name) to the school district in order for attendance data to be exchanged. VERIFICATION School attendance is verified monthly by computer match between the Mississippi Department of Human Services (MDHS) and the Mississippi Department of Education (MDE). An alert will be generated to the worker when a match is received for a child with 3 or more unexcused absences or if no match is received. The data is available through the Interface Inquiry Menu (INIM). An alert will continue to be received each month a child is in non-compliance. When the child is found to be in compliance following receipt of the X910, an alert will be generated to

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notify the worker the child is now in compliance. Some situations may require the worker to verify school attendance, if questionable, by sending the MDHS-EA-310, School Enrollment and Attendance Verification, to the school/school district. Such situations might include the children of families who have recently moved to the area or children in non-public school. MISSISSIPPI NON - FINANCIAL CRITERIA: SCHOOL ATTENDANCE REQUIREMENTS

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By law, the caretaker relative’s signature on the TANF application gives permission for school attendance records to be reported to the Department. A copy of the signature page may be sent to the school/school district with form MDHS-EA-310, School Enrollment and Attendance Verification, to request verification of enrollment/attendance in questionable situations, as needed. Send the original form to the school/school district and retain a control copy pending a response. Form MDHS-EA-310 should be used whenever there is a question about the child’s school attendance. The form may be used: ∙ whenever the parent cannot provide documentation of the child’s school attendance; or ∙ to verify the child’s satisfactory return to school after a reported absence. GOOD CAUSE Unsatisfactory attendance is determined by receipt of a computer match from the school, showing an unacceptable number of unexcused absences, showing a discrepancy in data or by other means when the worker has requested information in questionable situations. Upon notification that the child has failed to attend satisfactorily or a discrepancy in data, the family must be allowed 30 days to resolve the problem or show good cause before a sanction may be imposed. MAVERICS will send notice X910 to the caretaker relative, notifying him/her of the situation and providing instructions to be followed in order to avoid sanction. The family will be given the opportunity to explain the reason(s) for the unexcused absences. Specific reasons must be given for each absence, and verification provided, if feasible. The worker may be able to assist the individual in overcoming barriers that have prevented the child from attending school regularly. Good cause reasons include: 1. The minor is the parent of a child less than 12 weeks old. After 12 weeks of age, it is mandatory that the minor parent return to school. The minor parent may be referred to NON-FINANCIAL CRITERIA: SCHOOL ATTENDANCE

MISSISSIPPI REQUIREMENTS

3751 Volume III |Chapter 3Revised 06-01-09 the TANF Work Program as a volunteer in order to receive child care assistance. 2. The child is prohibited by the school district from attending school and an expulsion is pending. This exemption no longer applies once the child has been expelled. If the only child, who is a teenager, is expelled, the TANF case should be closed since there is no longer an eligible child in the home due to the penalty of disqualifying a child over 12. 3. The child failed to attend school for one or more of the following reasons: a. Illness, injury, or incapacity of the child or of his/her own child; b. Court-required appearances or temporary incarceration; c. Medical or dental appointments of the child or of his/her own child; d. Death of a close relative; e. Observance of a religious holiday;

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f. Family emergency; g. Breakdown in transportation; h. Suspension from school; or i. Other circumstances beyond the control of the child or family. If the family wishes to request good cause for absences, the explanations must be reasonable in the judgment of the worker or supervisor, according to the “prudent man” concept. The case record must be documented to explain the reason the good cause request was approved or denied. There will be no good cause determination when a “NO MATCH” alert is received because the needy caretaker will be required to provide correct information to the school district. The caretaker relative may provide MDHS with verification from the school district that the information has been provided in order to avoid a sanction. SANCTION FOR NONCOMPLIANCE If the caretaker relative fails to verify compliance with school attendance requirements or to show good cause, a sanction will be imposed for the next possible month after the 30-day period has expired. The 30 days begins when Notice X910/A910 is sent. In situations where the caretaker relative states that the child is not attending school and will not be attending, a sanction may be initiated without sending the A910. This will generally occur with teenagers who have dropped out and the caretaker relative has been unable to enforce attendance.

The sanction (notice A913), once imposed, will apply for one month for each month of unsatisfactory attendance without good cause. Due to the timing of the receipt of the attendance verification from MDE, the caretaker relative may provide form MDHS-EA-310 completed by the school when the child is attending satisfactorily in order to have the sanction removed at the earliest possible date. Otherwise, the sanction will be removed when the attendance verification from MDE is received verifying compliance. In the case of a dropout, the sanction will remain in place until the caretaker provides written proof that the child has re-enrolled and attended satisfactorily for one month. Any month that school is in session for at least 10 days during the month may be used to meet the attendance requirement, including summer school. In situations where the caretaker relative fails to provide verification from the school district that the discrepancy in the non-compliant child’s identifying information has been resolved, a sanction will be imposed for the next possible month after the 30-day period has expired. The sanction will remain in place until verification is received that the child is in compliance. In situations where the noncompliant child will turn 13-years-old during the sanction, a tickler should be set to rework the case, disqualifying the child. EXAMPLE: The 30-day period for compliance/good cause determination has passed, and good cause has been denied. The report from the school showed two months of unsatisfactory attendance. If the 30 days ends December 1, the first possible month to apply the sanction is January. The sanction period must be two months, minimum, due to the two months of unsatisfactory attendance. The earliest possible date for removing the sanction, regardless of when compliance occurs, will be March. MISSISSIPPI NON - FINANCIAL CRITERIA: SCHOOL ATTENDANCE REQUIREMENTS

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EXAMPLE: The school reports one month of unsatisfactory attendance on November 1. The 30day notice is sent, and the individual reports the child has dropped out of school. The 30-day period ends December 1, and sanction is imposed for January. This child will not be eligible again until the school verifies he has re-enrolled and he attends for a full month. If the child re-enrolls in January and attends satisfactorily for the full month, this may be reported and verified on the MDHS-EA-310. If the 310 is provided in February, before rollover, the child may be put back in the case for March. If compliance is not verified until after rollover, the child would be put back in for April. If verification is received through the electronic data exchange, the earliest date the child may be put back in the case is April.

EXAMPLE: On December 1, a “NO MATCH” alert is received. The caretaker relative fails to provide verification that the discrepancy has been resolved by December 31. A sanction will be imposed for February. The sanction will remain in place until verification is received from the caretaker relative that the discrepancy has been resolved or we receive verification of attendance data from MDE. The penalty for failure to meet school attendance requirements without good cause is as follows: ∙ For children ages 6 through 12 years, the TANF grant will be reduced by 25%. Only one penalty at a time may be applied for children in this age group, regardless of the number of children in noncompliance. ∙ For children ages 13 through 17 years, each child who fails to meet school attendance requirements will be disqualified from the TANF case with a participation code of DI. ∙ For families with unsatisfactory attendance in both age groups, both penalties will apply. The teenager will be disqualified and the remaining grant will be reduced by 25%. ∙ The SNAP benefit will be reduced by 25% whenever any child is sanctioned for failure to attend school satisfactorily. There will be only one 25% penalty regardless of the number and ages of children in noncompliance. REMOVAL OF A SANCTION The school attendance sanction will be lifted on an individual child for the next possible month following verification of compliance/good cause. However, the case sanction cannot be lifted if any other children remain in noncompliance. Once all children in the 6 - 12 age group comply, the 25% TANF penalty will be removed for the next possible month. As each child in the 13 – 17 age group complies, they will be coded IN for the next possible month. When all children in both age groups have complied, the SNAP penalty will be removed. Removal of the sanction is accomplished by coding compliance on the ISAT screen, coding teenagers IN the TANF budget, and reworking the AFPD screen. The FSAD screen must also be reworked to lift the SNAP sanction. EXAMPLE: The TANF mother has two children, ages 8 and 10. Unsatisfactory attendance is reported on November 1 for September for both children. The X910 is sent the same day. On December 1, the 30-day period expires, and good cause has not MISSISSIPPI NON - FINANCIAL CRITERIA: SCHOOL ATTENDANCE REQUIREMENTS

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been established. Both children will be coded noncompliant on ISAT/ISGC, and the sanction will begin in January. On January 1, an alert is received verifying that the younger child is now attending satisfactorily. Compliance will be coded for this child on ISAT/ISGC. However, the case sanction - 25% of TANF and 25% of SNAP benefits - will continue because satisfactory attendance has not yet been verified for the older child. EXAMPLE: The TANF mother has two children, ages 9 and 10. Unsatisfactory attendance is reported on March 1 for January, and the X910 sent that day. No good cause is found, and the 30-day period expires March 31. Sanction is imposed for May. However, on April 12, the MDHS-EA-310 was received verifying compliance for both children in March. It will still be necessary to sanction the case for May as there was one month of unsatisfactory attendance. The sanction will be lifted for June with no further verification required since the county has already been notified that the children are attending satisfactorily. EXAMPLE: The TANF mother has two children, ages 10 and 14. Unsatisfactory attendance is reported on December 1 for October. Both children are in noncompliance. The X910 is sent December 1, and the 30-day period expires December 31. No good cause is found for either child. Effective for the month of February, both children must be coded noncompliant on ISAT/ISGC and the 14-year-old disqualified from the TANF case with a participation code of DI. If the family was receiving a maximum TANF payment of $170, disqualification of the teenager will reduce the grant to $146 and an additional 25% sanction will be applied to this amount for the noncompliant younger child. The SNAP sanction will still be 25% of the allotment. Regardless of the compliance date, at least one month of sanction must be served, which will be February. On February 1, an alert is received verifying compliance for the 10-year-old child. ISAT/ISGC must be coded to show compliance for this child and the case reworked for March. This will remove the 25% TANF sanction, but the SNAP sanction will remain due to the continuing disqualification of the 14year-old. SANCTIONS WHEN BOTH IMMUNIZATION AND SCHOOL ATTENDANCE NONCOMPLIANCE ARE INVOLVED If there are noncompliant children for both immunization and school attendance requirements, all appropriate penalties will be applied to the TANF case. ∙ For cases with one or more children not meeting immunization requirements and one or more children ages 6 - 12 with unsatisfactory school attendance, the TANF case will be sanctioned 50% - 25% for immunization and 25% for school attendance.

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LEGAL BASE The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193 (PRWORA), and the Mississippi Code of 1972, Annotated, at 43-17-5 and in Title 43, Chapter 19, Support of Natural Children, mandates that the State operate a Child Support Enforcement Program and that receipt of TANF benefits is conditional upon the cooperation of the parent(s) or other caretaker relative with Child Support Enforcement requirements. Based upon these statutory requirements: ∙ The parent or caretaker relative must assign support rights to the State on behalf of any family member for whom the family applies or who receives TANF benefits, including TWP transportation services. ∙ TANF benefits will be denied or terminated for the entire assistance unit for failure without good cause to cooperate with the Division of Child Support Enforcement to establish paternity of a child born out of wedlock and/or to obtain child support. The Division of Child Support Enforcement will determine whether there is good cause for failure to cooperate. ∙ The noncooperating adult will be disqualified from the food stamp case. This sanction applies whether the adult is the PI of a combination TANF/food stamp case or participates in someone else’s Food Stamp Program. ASSIGNMENT OF RIGHTS TO SUPPORT The TANF applicant must, as a condition of eligibility, assign support rights to the State for all individuals in the TANF assistance budget. Acceptance of the TANF money payment constitutes assignment of support rights. For families already receiving court-ordered or voluntary support payments, this means that the support received must be paid directly to the Child Support Enforcement Office by the TANF caretaker/custodial parent until the court order is modified to direct the payments to the IV-D Office or the absent parent voluntarily redirects the payments for collection and distribution. The assignment of support rights to the State is included in the MDHS-EA-312, Personal Responsibility Contract, and in the MDHS-EA-941, Notice of Child Support Enforcement, which the applicant signs at intake to acknowledge awareness of child support requirements. If the applicant refuses to sign the MDHS-EA-941, the worker will document the reasons and the individual’s explanation in the case record and continue the eligibility determination process. The worker must explain that the requirements for child support cooperation are still in effect although the 941 was not signed and that failure to cooperate without good cause will result in sanction. COOPERATION WITH CHILD SUPPORT ENFORCEMENT Cooperation with child support enforcement means that the applicant/recipient must act in good

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Revised 08-01-0610-01-21 - faith to provide information about the absent parent(s) to the Economic Assistance Office and to the Child Support Enforcement Office. The caretaker relative must also appear at interviews, hearings, and legal proceedings and must submit to genetic tests when ordered by a judge or administrative agency. These requirements are set by federal law. Failure to cooperate with required child support activities will mean termination of the TANF case unless good cause for the failure to cooperate is determined by the Child Support Enforcement Office. RECOVERY OF TANF PAYMENTS The Division of Child Support Enforcement is required to recover from support collections all possible TANF Block Grant money paid out as TANF cash assistance, including TWP transportation service payments. In addition to the ongoing monthly comparison of TANF payments with the current collection amount, up to the obligation, any unrecovered assistance payments (TANF and/or AFDC) from prior benefit months will also be recovered. Any remaining difference will be paid to the family as “excess current” support. In addition to the ongoing recovery of current monthly TANF payments, TANF recovery can also occur for unrecovered assistance payments after the TANF case closes. After TANF closure, the unrecovered TANF/AFDC amounts can be recovered from any child support collections in excess of the current obligation amount. TANF DISREGARD OF CHILD SUPPORT PASS THROUGH

The Deficit Reduction Act (DRA) revised section 457(a)(6) of the Social Security Act to incentivize states to pass-through child support to TANF families. Child Support collected in any given month on behalf of a TANF assistance unit (AU) that has received or is currently receiving TANF benefits may pass through to the TANF AU and be disregarded in determining eligibility and the amount of the TANF assistance grant money provided to the TANF AU, such as SNAP. The amount or portion of child support passed through to the TANF family will be set by MDHS.

RESPONSIBILITIES OF THE ELIGIBILITY WORKER In handling each TANF money payment, the worker must determine whether or not each child included in the assistance budget has an absent parent who is living. If so, the worker will: 1. Explain the child support requirements to the grantee relative and secure her signature on forms MDHS-EA-312 and MDHS-EA-941. Refer below for explanations to be made verbally and in writing. Signing of the MDHS-EA-312 is a condition of eligibility. However, failure or refusal to sign the MDHS-EA-941 will not be considered a refusal to cooperate.

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Revised 08-01-0610-01-21 - 2. Gather information on the absent parent or the putative father, absent or not and enter the information on the APRE screen in MAVERICS. 3. If the applicant/recipient wishes to claim good cause not to cooperate, refer him/her to the CSEO to request good cause determination. 4. Deny the application or terminate the TANF case when the individual is required to cooperate and fails to do so. 5. When a court order for support or a voluntary agreement is brought in at application or on an ongoing case, enter the appropriate data in MAVERICS and send a copy of the court order to the Child Support Enforcement Office. 6. Make changes in MAVERICS that affect the IV-D case in a timely manner so that the MAVERICS/METSS interface will allow the child support case to be maintained properly and actions to be taken timely. 7. Budget child support as countable income in the TANF budget for the prospective budget when the individual receives the child support prior to IV-D conversion. Child support payments must be turned in to the Child Support Office beginning with the first payment received by the individual after notification of TANF approval. Failure of the custodial parent to redirect child support to the IV-D Office after approval for TANF benefits will cause termination of the case. 8. Explain the marriage disregard process to the client. The worker will explain the 6- month disregard period for the new spouse’s income and resources and what action will be taken at the end of the disregard period. If the new spouse is the legal parent of at least one child in the TANF budget, the worker will communicate this information to CSE via the change reporting process in MAVERICS. EXPLANATIONS Verbal Explanations When one or both parents are absent and alive, the eligibility worker will explain to the applicant that, as a condition of eligibility for assistance, he/she must assign to the State the rights to support from the absent parent(s) for the children for whom TANF benefits are requested and that he/she must cooperate in child support activities. Also, explain to him/her that: 1. State and federal laws specify that when an individual asks for and receives TANF benefits for the children, they have in fact assigned to the Department of Human Services rights to

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Revised 08-01-0610-01-21 - monetary and/or medical support for the children. Also, explain that the assignment of support rights to the State cannot be waived or excused. An unmarried minor mother not living in the home of her parents who applies for TANF benefits for her own child(ren) and herself and who is approved for a minor parent exception, must not only agree to assignment of support rights on behalf of her child(ren), but for herself also when there is an existing court order for one or the other parent to provide support for her. The penalty for failure to assign support rights or to cooperate in child support activities is denial or termination of TANF. 2. The information which the caretaker relative provides will be turned over to the Child Support Enforcement Office. The individual must respond to all notices and requests from the Child Support Office to prevent a determination of non-cooperation and loss of benefits. Child Support staff will use the information which the individual provides to locate the absent parent, establish paternity if needed, and obtain support, unless it is determined that such activities will not be in the best interest of the child (good cause). 3. The payee in a TANF case must turn over to the Child Support Office any support received directly from the absent parent. Child Support staff will take steps to have the existing court order revised or a new court order issued so that the support payments are made directly to the IV-D Office. 4. Child Support staff will pursue legal action to establish paternity when necessary and to obtain support from the absent parent unless good cause is determined. 5. The payee is required to cooperate with Child Support Enforcement in establishing paternity and obtaining support, unless good cause is determined by the IV-D Office. Cooperation may include, but is not limited to: a. Identifying and helping to locate the absent parent of a child for whom a TANF benefit is requested or received. The custodial parent/caretaker relative must provide identifying information about the absent parent(s) including full name, date of birth, SSN, address, employment, relatives, etc. b. Appearing for scheduled interviews with child support staff to provide necessary information. This includes information which the relative knows or can reasonably obtain leading to the location of the parent, the obtaining of support, or the establishment of paternity. c. Providing information, or attesting to the lack of information, under penalty of perjury.

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remaining from the tax offset collection after the state obligation is satisfied. Acknowledgment of Explanations After giving verbal explanations, the eligibility worker will have the applicant sign in duplicate form MDHS-EA-941, Notice of Child Support Enforcement, to indicate his/her awareness of the requirement and his/her right to claim good cause. The applicant also will sign the MDHSEA312 Personal Responsibility Contract, which acknowledges the individual’s responsibility to cooperate with child support requirements. The signed, original form MDHS-EA-941 will be given to the individual and the duplicate will be filed in the case record. Also, a copy of the MDHS-EA-312 will be given to the individual. Upon request, a copy will be available to the staff member from the Child Support Office who is responsible for IV-D activity in the county. PENALTY FOR REFUSAL TO COOPERATE IN ESTABLISHING PATERNITY OR OBTAINING SUPPORT Applying the Penalty Federal and State laws require that the TANF case be closed when the parent or caretaker relative refuses without good cause to cooperate with Child Support Enforcement requirements. The Child Support Enforcement Office is responsible for determining when a payee has refused to cooperate in establishing paternity or obtaining child support. Verification of non-cooperation will be provided by the “ND” status on the child’s line on the CSEA screen as a result of interface from METSS to MAVERICS. The worker will receive an alert. Verification may also be made by use of the MDHS-EA/CSE-943/643, Child Support Enforcement Cooperation Verification Request. The penalty for noncooperation with Child Support will be handled as follows: 1. Deny the TANF application when the parent/caretaker states his/her refusal to cooperate at the time of application, using the “NC” COOPeration code on the CSEA screen. 2. When the non-cooperation (ND) code is received from the Child Support Enforcement Office via METSS to MAVERICS, the worker will receive an alert and the TANF case will freeze and close ten days later unless cooperation is verified. MAVERICS will send the notice of adverse action X032. 3. At reapplication, when the TANF case closed because of child support non-cooperation, or an outstanding noncooperation existed even though the case closed for another reason, the EW must request verification of cooperation. The application will not be approved until

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verification of cooperation is received via the MDHS-EA/CSE-943/643. Applicants who fail to cooperate by the 30th day from application will be denied. 4. When the failure to cooperate with Child Support affects the TANF case in combination with a food stamp case, appropriate steps must be taken to disqualify the individual in the food stamp program. 5. When denying an application or terminating the TANF case for failure to cooperate with Child Support, send the notice of action explaining why the family is not eligible for TANF. Removing the Penalty for Non-Cooperation There is no minimum time period for the child support non-cooperation penalty. However, benefits may not be authorized or reauthorized until verification of satisfactory cooperation with child support requirements has been received from the Child Support Enforcement Office. Eligibility for assistance following non-cooperation may be reestablished in one of the following ways: 1. When the TANF case closes for failure to cooperate with Child Support Enforcement, the sanction may be removed and TANF benefits continued without a break only when the individual cooperates before the effective date of closure. The cooperation status must be verified by the IV-D Office and the cooperation status interfaced back to MAVERICS before the effective date of closure. If the cooperation occurred before the effective date of closure but the manual verification of cooperation, MDHS- EA/CSE943/643, is not received until after the end of the month, the Supervisor may follow MAVERICS instructions to revert the case to open and continue benefits. 2. The individual may reapply and state his intent to cooperate or that he/she has already met cooperation requirements. Benefits will not be reauthorized until satisfactory cooperation is verified by Child Support Enforcement. 3. At any time there is a reapplication for assistance or an application for assistance in a new case and MAVERICS shows an existing noncooperation status for that individual from a prior case, the system will fail the case. In order to establish eligibility, verification of satisfactory cooperation must be provided before the assistance can be approved. The

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MISSISSIPPI Revised 08-01-0610-01-21 4. noncooperation status which originated in a prior case will affect the new application or reapplication for benefits and must be resolved before completing the eligibility determination. 5. Eligibility may be established for the month following verification of compliance. Upon receipt of the MDHS-EA/CSE-943/643 verifying that the noncooperating individual has now met compliance, the worker must have the supervisor change the TANF benefit start date to the first day of the calendar month after compliance occurred. If adding an individual to an active case, add them to the money payment for the first possible month after compliance has occurred. NOTIFICATIONS In order to carry out state and federal requirements related to child support, notices of appointments and case actions must be sent to the individual and certain notifications must be completed and exchanged between the IV-A and IV-D offices. Communication and coordination are essential to the success of the support program. The county director is responsible for ensuring that all the required data is obtained on the MDHSEA- 900 and entered into MAVERICS on child support related screens and that all outstanding alerts received from Child Support are handled timely. It is even more critical that all case actions are handled promptly and accurately because of the complexity of multiple assistance programs (TANF and SNAP) now affected by child support requirements. The eligibility worker is responsible for completing the appropriate child support screens in MAVERICS for the following: 1. MAVERICS will generate referrals and changes to METSS when: a. A case is approved that includes a child with an absent parent(s) who is alive or for whom paternity has not been established. b. A new child is added to an existing case c. A case is being reapproved for assistance after a closure or when there is a program change. d. Children from one TANF case who have absent parents already referred in this assistance case number are added to a new case. Note that the IV-D parent identifier on the second referral may change. For example,

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DRUG SCREENING REQUIREMENTS Any adult, defined as being 18 years of age or older, included in the TANF assistance unit is required to take a substance abuse screening questionnaire to determine the reasonable likelihood of a substance abuse disorder prior to approval. This policy includes adults who are disqualified, but excludes minor heads of household (under age 18). Screenings will be administered only at the time of a new application and will not be administered at redetermination. If the results of the substance abuse screening questionnaire indicate a reasonable likelihood of a substance abuse disorder, the individual will be notified via A101, TANF Approval Notice that the adult must submit to a drug testing procedures. The case worker will mail under separate cover the MDHS- EA-337, TANF Drug Testing Instructions, and ePassport to the individual requiring a drug test. Testing expenses will be paid using TANF program funds. The adult will have 7 calendar days from the date of the TANF approval notice to report to the clinic for testing. The individual may advise the testing facility of any current prescription or over- thecounter medications being taken. The case worker will notify the adult of the test results via the MAVERICS Notice A315, Notice of Drug Test Results. If the result of the drug test is positive, the adult will be required to complete the treatment facility’s intake process and/or enroll in a drug treatment program approved by the Mississippi Department of Mental Health within ten days of the notice of test results. Failure to return the verification within ten days, will result in a sanction for the TANF adult. Drug testing procedures and test results are confidential and must not be disclosed to anyone other than the TANF household. NOTE: The adult may contest the results of a positive drug test by taking an additional test at a facility meeting agency contract guidelines. In such cases, the adult will be responsible for paying for the test. Additional testing must occur within 7 calendar days of the notice being sent with results of the original drug test. If results of the second test are negative, the individual will be reimbursed for the cost of the second test. Referral to Treatment Upon receipt of verification (copy of the treatment plan or MDHS-EA-338, Substance Abuse Treatment Plan, completed by the treatment facility), the individual will be referred to the TANF Work Program (TWP) for monitoring. (Adults exempt from Work Program requirements will be coded EV for referral to TWP.) The start date must be within a reasonable time, meaning the first available slot as verified by the treatment facility. The plan must include a start date and expected end date. A tickler must be set to alert the worker when the treatment is ending review the case for TWP requirements or to refer the individual adult back to the eligibility worker. Failure to participate in the treatment plan at any point will mean a drug sanction for the TANF adult. The drug treatment program will last at least sixty days. During treatment, the adult must test negative on any random drug test administered, in addition to testing negative at the conclusion of treatment, in order to continue to remain eligible for TANF.

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3850 19 Sanction for Non-Compliance Failure of the TANF recipient to complete the requirements of drug testing and treatment will subject the TANF adult to a drug sanction. Non-cooperation includes: • The recipient’s refusal to submit to a drug test based on the results of the questionnaire or completing a drug test • The recipient’s failure to complete the treatment facility’s intake process • The recipient’s failure to enter a treatment program if drug test results are positive The recipient’s entering but failing to meet requirements of a treatment plan, including refusing to take a random drug test • The recipient testing positive for the unlawful use of a drug in a drug test administered during the treatment plan or at the conclusion of the treatment plan If non-compliance occurs, the TANF adult will be sanctioned according to current TWP policy. (see Chapter 11 – CONCILATION, GOOD CAUSE AND ADVERSE ACTION: ADVERSE ACTION). PROVISION OF TANF SUPPORTIVE SERVICES TANF supportive services, child care and transportation, are available for TANF recipients who are required to participate in drug treatment. (TANF applicants are not eligible for TANF supportive services.) TANF recipients who are required to participate in drug treatment and comply with their treatment plan will be eligible for TANF transportation and child care assistance for their children during the treatment period. In order to receive a monthly transportation stipend and a referral to the Division of Early Childhood Care and Development for child care services, the TANF recipient must provide verification of his/her treatment plan and be referred to the TWP for assignment to the JRA/SAT component. These cases will be included in the denominator and in the TWP participation rate calculation. Ongoing policy will be used to determine whether these recipients meet or fail to meet their monthly participation requirements.

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TANF recipients who are sanctioned for noncompliance with drug testing and/or drug treatment may apply for child care assistance through the DECCD at www.childcareinfo.ms (under the “Parents” tab.) The Division of Economic Assistance staff will assist sanctioned individuals with the DECCD online child care application process as needed. The DECCD is responsible for the eligibility determination process. Transportation Assistance The provision of transportation assistance will be handled according to current TWP policy. The monthly stipend amount will be based on the number of hours the individual is scheduled to participate in treatment activities each week. Child Care Assistance The provision of child care assistance will be handled according to current TWP policy. Nonexempt Recipients The jobs status code for nonexempt recipients will be based on ongoing policy. A nonexempt TANF recipient may be required to participate in other work program activities while participating in drug treatment. This decision will be made by the case manager supervisor or county director on a caseby-case basis in accordance with the individual’s treatment plan. If the treatment plan requires participation of 20 hours or more per week, the recipient will not be assigned to another activity. (The JRA/SAT component will be the only component assignment for the duration of the individual’s treatment plan.) The worker will set a tickler to review the case in the last month of the recipient’s treatment period. The worker will review the recipient’s Employability Development Plan, determine the recipient’s work activity assignment for the month following the end of the treatment period, and notify the recipient accordingly. Exempt Recipients The jobs status code of an exempt recipient will be EV-exempt volunteer. The EV code will allow the exempt adult recipient to be referred to the TWP for component assignment. An exempt recipient who is required to participate in drug treatment will be assigned to the JRA/SAT component. No other component assignment will be required regardless of the number of hours required for treatment.

3852 The worker will set a tickler to review the case in the last month of the recipient’s treatment period. MISSISSIPPI FINANCIAL CRITERIA: DRUG SCREENING REQUIREMENTS]

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[NON-

This section discusses the eligibility requirements for the TANF Work Program (TWP), with emphasis on the responsibilities of the worker. Exemptions from work requirements, TWP volunteers, and other basic information needed by the eligibility worker are summarized in this section. Additional and more detailed information about the TWP requirements is located in Chapters 8, 9, 10, 11 and 12. DETERMINING ELIGIBILITY FOR TWP PARTICIPATION All individuals coded IN, DF or DI in the TANF assistance budget must be screened for eligibility for the TANF Work Program. Each such individual must have either an exemption reason (J* code) or a work status code (referable) entered in MAVERICS (JCHI screen). All adult TANF recipients who do not meet specific exemption criteria must participate in the TWP as a condition of eligibility as soon as they are determined work eligible. TANF benefits will not be paid if the individual is not participating in an approved work activity after being referred to the TWP. The family's 60-month lifetime maximum will be reduced to a 24-month lifetime maximum, unless the individual complies with TANF work requirements. The 24 months are cumulative, but does not have to be consecutive. Be aware that "work eligible" means that the individual is ready to be assigned to an approved work activity, but not necessarily ready for paid employment or job training. Case Definitions There are two types of cases for which TWP eligibility must be determined. The TANF Basic case is any case other than a TANF-UP case. This includes cases with a single caretaker relative or two parents when one receives SSI, or deprivation is based on incapacity. Two-parent cases are, by definition, TANF-UP cases for the purposes of this program. Additional and more detailed information is located in Chapter 8, Case Definitions. Non-Exempt Individuals Non-exempt individuals are TANF recipients who do not qualify for an exemption, and are therefore subject to TWP requirements as a condition of eligibility. These individuals are also called mandatory participants, and must be referred to the case manager (CM) for placement in work activities. Only the individuals who verify qualification for one of the specific TANF work exemptions reason listed below will be granted an exemption from work requirements. A nonexempt MISSISSIPPI FINANCIAL CRITERIA: TANF WORK PROGRAM]

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individual in a TANF Basic case and the principal wage earner (PWE) of a TANF-UP case are referred to TWP as nonexempt (NE). The second parent in a TANF-UP case is referred as a mandatory spouse (SM), and may only be exempt if the person is caring for a severely disabled child or other household member, caring for a child younger than 12 months, or if the person is in the third trimester of pregnancy and has a verified medical complication. Additional and more detailed information describing the nonexempt categories is located in Chapter 8, Non-Exempt Individuals. Exempt Individuals Any individual whose TANF participation code is IN will be referred to the TANF Work Program, unless that individual meets one of the exemption criteria listed below. Exemption decisions are made by the worker and eligibility for the exemption must be verified. Adult TANF recipients who are eligible for either the JB, JC, JF, JL or JD exemption and their TANF Program Status code is "IN" may choose to voluntarily waive (give up) their exemption status if they want to participate in TANF Work Program activities. Refer to Chapter 3, Waiver of Exemption Status, for additional information. NOTE: Receipt of unemployment benefits or wages does not qualify the person for an exemption from TANF work requirements. Child Under 18 Years of Age (JI) A dependent child in the TANF case under the age of 18 is exempt by reason of age. Time limits do not apply to a child while in the TANF budget as a dependent. The only appropriate code for the dependent child is JI, unless the child is a minor parent who needs child care in order to remain in school. In this situation, referral as a minor volunteer (MV) would be appropriate. Any months used under this exemption reason will not count in the 24 and 60-month time limits. Age 60 and Over (JA) An elderly caretaker, age 60 or above, is exempt from TANF work requirements and the 24- month time limit. Age must be verified for this exemption. Any months used under this exemption reason will count in the TANF 60-month time limit. MISSISSIPPI [NON-FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 10-01-14

Incapacity (JB) Exemption from TANF work requirements due to incapacity may be established in the same manner as the determination of incapacity for deprivation. Receipt of SSI automatically precludes

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3902 participation in the TWP. A person who receives SSI is not eligible for TANF and cannot be referred to the TWP. Receipt of any amount of Social Security disability or 100% VA disability income establishes incapacity and exemption from TWP. If the Medical Review Unit made the initial determination of incapacity for deprivation, a decision on referral to the work program should have been made at the same time. If not, the medical/social process as described in Chapter 3, Establishing Incapacity, may be used to obtain a decision. This would also be appropriate for a single parent household where deprivation was not initially determined by the Medical Review Unit and the caretaker relative claims disability as a work exemption. A household with incapacity as the TWP exemption reason is also exempt from the 24-month time limit. Any months used under this exemption reason will count in the 60-month time limit. Additional and more detailed information is located in Chapter 3, Referable TANF Applicants/TANF Interview and Referable TANF Recipients/Referral of Incapacitated Adults. Caretaker of Ill or Incapacitated Adult (JF) or Child (JC) A TANF parent, with at least one child included in the assistance unit, who is responsible for the full-time care of an ill or incapacitated household member, may be exempt from TANF work requirements, with proper verification. The incapacitated individual must live in the home with the assistance family, but may not be included in the assistance budget. Needy caretaker relatives are not eligible for this exemption. The medical condition of this individual must be verified by appropriate medical records. The medical information must be specific in regard to the incapacitated individual's need for full-time care, the nature of the illness, and how long it is expected to last. The Medical Review process may be used to establish incapacity for the household member if deemed appropriate by the worker. New statements will be required at each redetermination. A parent may be exempt from work program requirements and be eligible for the "JC" exemption even if the ill or incapacitated child attends school full-time. Federal regulations simply require medical documentation to substantiate the need for the parent to remain in the home to care for the disabled child. The TANF parent must also provide information to explain why she/he is the appropriate individual to provide this care or whether there is another suitable individual who could take on this responsibility. The worker must use the CADM screen to document the caretaker's statement Revised 10-01-14

in the electronic case record. Once properly verified and documented, the TANF household is exempt from the 24-month time limit during the period of time this exemption is allowed. Any months used under this exemption reason will count in the 60-month time limit. The parent should be reminded to report any change in circumstances that would affect eligibility for this exemption, such as an improvement in the condition of the incapacitated individual, a change in caregiver, or a move to a nursing home or other institution. Temporary Illness or Injury (JL) An individual in the assistance unit who has a temporary illness or injury, defined as a short-term problem expected to last no more than 30 days, may be granted an exemption from work requirements for a maximum of 30 days. This exemption requires a statement from the physician

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3903 or other medical verification, even if the problem appears to be obvious, such as a cast on the leg, neck brace, etc. This exemption may not be allowed longer than 30 days, regardless of the apparent circumstances. If the disability or illness is of such a nature that recovery is expected but not within the 30-day limit, a Medical Review Unit decision on incapacity must be requested. This should be handled immediately to make it possible to obtain a decision within the 30-day time period of temporary exemption. Any months used under this exemption reason will count in the 60-month time limit, but will not count in the 24-month time limit. NOTE: If a person has used up the 12 months allowed to claim an exemption to care for a child younger than 12 months (JJ) and has another child, the JL exemption may be used for the postpartum period. In this situation, the JL code cannot exceed two months and the date of delivery and the postpartum period must be verified by medical statement. Pregnancy (JK) A woman in the third trimester of pregnancy (7th, 8th and 9th months) may be exempt from work requirements if there are complications with the pregnancy The complications must be verified by the certificate of a licensed physician, nurse practitioner, physician assistant, or any other licensed health care professional practicing under a protocol with a licensed physician. The expected date of confinement (EDC) must be verified in order to determine whether the individual has reached the third trimester. In situations where a pregnancy is determined high-risk or other complications/problems exist according to the individual, temporary illness may be used for 30 days, with a doctor's statement, and a Medical Review decision requested for incapacity if the 30day exemption will not be long enough to reach the third trimester. In no instance may the pregnancy exemption be used prior to the third trimester. This exemption terminates when the pregnancy terminates, and the individual should be instructed to report to the

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3904 Revised 10-01-14

worker when the pregnancy ends. At that time, options for further exemption or referral to the TWP will be explored. Any months used under this exemption reason will count in the 60-month time limit but will not count in the 24-month time limit An individual that meets the criteria for this exemption cannot volunteer to participate in the TWP. MAVERICS will assist the worker in tracking the "JK" code. When the EDC is entered in the Expiration Date field on the JOBS screen, MAVERICS will automatically generate the X016, Third Trimester Pregnancy Exemption, notice. The X016 informs the individual that she has been approved for the pregnancy exemption due to medical complications and that she must contact the local county office to report the baby's birth or a change in her delivery date. The "JK" exemption can only be allowed during the third trimester of pregnancy. MAVERICS will automatically generate the X017, TANF Request for Information/Closure, notice when the system current date becomes equal to the EDC date displaying on the JOBS screen. The X017 informs the individual that she must provide a status update on the birth of the baby and that the TANF case will be closed if the information is not provided within ten (10) days. MAVERICS will send an alert to the worker when the X017 notice is generated. Refer to Volume X, Chapter 3, for additional information. Caretaker of Child Under 12 Months Old (JJ) The individual responsible for the actual physical care of a child younger than 12 months of age may choose to be exempt from TANF work requirements. This exemption ends the month following the child's first birthday, and is limited to a lifetime maximum exemption of 12 months, regardless of the number of children. This means that if the caretaker uses up the full 12 months for one baby, no months will be left to claim this exemption reason on any future child. The worker must make certain the caretaker understands this and encourage her to save as many months as reasonable for possible future use. The worker will use the CADM screen to document the discussion and the person's response/comments. Months used while claiming this exemption will count in the 60-month time limit but will not count in the 24-month time limit. Since the pregnancy exemption (JK) cannot be continued after the birth of the child, the exemption code will be changed to caretaker of a child younger than 12 months (JJ) for the next month after the birth is reported. If the individual is not eligible for the exemption to care for a child younger than 12 months (JJ), up to six weeks of post-partum will be allowed using the JL code. An individual may be exempt up to a maximum of two months after the birth of the baby using the JL code. The number of months allowed (one or two) will be determined based on how early in the month the baby is born. Part of the post-partum period may be covered under the JK

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3905

MISSISSIPPI [NON-FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 10-01-14

exemption code. Under no circumstance will the JL code be approved for more than two months. When the individual adds the newborn to the case, the worker must explain to the individual that she must decide whether to claim the JJ work exemption, if any months are available, or participate in the TANF Work Program. The worker will explain the 12-month lifetime maximum time limit for this exemption and how claiming the exemption affects her 60-month and 24-month time limit counters. If the caretaker relative does not contact the worker to request referral to the TWP, the exemption will be allowed to continue until the child reaches age one, the individual has used up the 12-month maximum allowed, or the caretaker requests referral to TWP. If the caretaker wishes to volunteer for the TWP, she may do so at any time by contacting the worker to request a referral. NOTE: It is vital that the worker clearly explains TWP requirements and penalties, and explains that an exempt individual who voluntarily chooses to be referred to the TWP as an exempt volunteer will be subject to adverse action policy and procedures. An exempt volunteer that fails to participate satisfactorily in her assigned work activities or commits a voluntary quit violation will be sanctioned, if good cause cannot be substantiated. Prior to referral to the TWP as an "EV", the participant must sign form MDHS-EA-359, TWP Agreement to Participate Following Notice of Adverse Action or Referral as an Exempt Volunteer, to acknowledge understanding of TWP requirements and adverse action policy and procedures. The MDHS-EA-359 will be scanned to the electronic case record to document that TWP rules and regulations were explained. Domestic Violence (JV) A caretaker relative who qualifies for the victim of domestic violence exemption may choose to claim the exemption or volunteer to participate in the TANF Work Program. Months used while claiming this exemption will count in the 60-month time limit but will not count in the 24-month time limit. The domestic violence exemption is limited to a lifetime maximum of 12 months. The 12-month counter is cumulative, but does not have to be consecutive. Additional and more detailed information about the specific requirements and explanations for this exemption are located under Domestic Violence, later in this section. NOTE: It is vital that the worker clearly explains TWP requirements and penalties, and explains that an exempt individual who voluntarily chooses to be referred to the TWP as an exempt volunteer will be subject to adverse action policy and procedures. An exempt volunteer that fails to participate satisfactorily in assigned work activities or commits a voluntary quit violation will be sanctioned, if good cause cannot be substantiated. Prior to referral to the TWP as an "EV," the participant must sign form MDHS-EA-359, TWP Agreement to Participate Following Notice of Adverse Action or Referral as an Exempt Volunteer, to acknowledge understanding of TWP requirements and adverse action policy and procedures. The MDHS-EA-359 will be scanned to

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3906 MISSISSIPPI

the electronic case record to document that TWP rules and regulations were explained. Drug Treatment (JD) Individuals who are undergoing substance abuse treatment recommended by a physician or Mental Health Office may be exempt from work requirements during the active treatment period only. This is intended to cover temporary periods spent in residential treatment centers or other full-time rehabilitation programs, and not ongoing support group participation, such as AA meetings. The plan of treatment must be documented in the case record and an alert set for the anticipated treatment end date. Months used while claiming this exemption will count in the 60- month time limit but will not count in the 24-month time limit. Additional and more detailed information about the specific requirements and explanations for this exemption are located under Drug Treatment, later in this section. Waiver of Exemption Status An adult TANF recipient included in the assistance unit (coded IN) that is eligible for a TANF work exemption under the JB, JC, JF, JL or JD exemption reason may choose to voluntarily waive his/her exemption status and be referred to the TWP. When a waiver is requested, the worker will thoroughly explain work program requirements, e.g., work activities, participation, supportive services, adverse action (full family sanction and timed penalties), earned income disregards, and transitional supportive services. The worker will also inform the recipient that once a work exemption is waived, the exemption status cannot be resumed automatically. Ongoing policy will be applied if the individual subsequently reports an inability to work or comply with work program requirements. If, after all explanations have been provided, the exempt individual chooses to voluntarily waive his/her exemption, the worker will have the recipient complete and sign form MDHS-EA-321, TANF Work Exemption Waiver. Once the MDHS-EA-321 is fully executed, the worker will change the individual's TWP (JOBS) Program Status Code from "J*" to NE with the exception of JJ and JV. The JJ and JV codes will be changed to EV. A signed copy of the MDHSEA- 321 will be scanned to the individual's electronic case record. Once the individual is referred to the TWP, ongoing TWP policy and procedures will apply to the case. DOMESTIC VIOLENCE An individual with a history of having been a victim of domestic violence which has been reported as required by State law and substantiated by police reports or court records, and is at risk of further domestic violence may claim this work exemption. "Domestic violence" is defined by law

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14 Volume III | Chapter 3

MISSISSIPPI

[NON-FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 10-01- 3908 as having the same meaning as "battered or subjected to extreme cruelty". State law defines this to mean an individual has been subjected to: ∙ physical acts that resulted in, or threatened to result in, physical injury; ∙ sexual abuse; ∙ sexual activity involving a dependent child; ∙ being forced as the caretaker of a dependent child to engage in nonconsensual sexual acts or activities; ∙ threats of, or attempts at, physical or sexual abuse; ∙ mental abuse; or ∙ neglect or deprivation of medical care. In order to claim a domestic violence exemption, the electronic case record must be documented to show that the domestic violence or battery occurred and that the individual is at risk of further domestic violence. The claim of abuse must be substantiated by police reports, which means that a complaint was made and that the investigation verified that the abuse/battery actually occurred. "Being at risk of further domestic violence" must be documented after the existence of actual abuse is verified before allowing the work exemption. If the individual who was abused is no longer at risk due to incarceration of the abuser or other reasons, the JV exemption may not be used. "Reported as required by State law" means that the agency must make the individual who claims to be a victim aware of protection afforded under the law through the Domestic Abuse Law and the Vulnerable Adults Act. The Vulnerable Adults Act protects adults lacking the capacity to consent due to physical or mental impairment or who lack sufficient understanding to make or communicate reasonable decisions. Such individuals should be referred to the Division of Family and Children's Services. When the domestic violence work exemption may not be used because the individual does not meet the requirement about "still being at risk", it may be appropriate to use temporary illness or injury as the exemption reason, when supported by medical documentation. If the individual who is the victim has a physical or mental incapacity resulting from the domestic violence or battery, or the “temporary” problem is expected to last longer than 30 days, the incapacity exemption should be claimed so the 12- month limit will not apply. The Medical Review process should be used to get an incapacity decision. When the domestic violence work exemption is approved, the worker should set an alert or set the case review date to review the individual's work status timely. Individuals who are victims of domestic abuse should be encouraged to participate in the TWP as soon as possible following the abuse.

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MISSISSIPPI

[NON-FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 10-01- NOTE: Individuals who are eligible to claim the JV work exemption but choose to volunteer for work program services will not be excluded from adverse action policy and procedures and may be sanctioned for failure to attend or participate satisfactorily in assigned work activities without good cause. DRUG TREATMENT TANF Recipients Approved Prior to 08-01-14 Many employers require drug testing prior to employment. TWP participants who are referred to these employers must comply in order to be hired. Failure to pass a pre-employment drug screening or failure to retain a job because of a positive drug test will be considered failure to comply with TWP requirements. In order to make sure a TANF recipient is informed about the substance abuse treatment exemption and understands the drug abuse requirements and has the opportunity to seek treatment, the worker must inform all TANF recipients about the specific provisions of the drug/substance abuse treatment exemption prior to referral to the TWP. The worker’s explanations must include the potential penalties if the individual fails to request an exemption and is later found in noncompliance due to a substance abuse disorder. This exemption can be requested only at the time of reevaluation, or at the time the individual’s participation status changes from exempt to mandatory (NE) or exempt volunteer (EV). This exemption can only be claimed during the substance abuse treatment period. It may not be claimed as a means of avoiding TWP participation or an individual drug sanction once a referral has been made to the TWP, or when referred to an employer who requires a drug test prior to employment. Failure to request this exemption in advance of the potential failure to participate or to obtain employment because of a substance abuse disorder will prohibit the granting of this exemption. Any failure to participate in TWP because of a substance abuse disorder after the opportunity to request the treatment exemption has been declined will mean a TANF drug sanction will be imposed on the adult. Refer to Sanction for Non-Compliance later in this chapter for additional and more detailed information.

3908 At each regular reevaluation interview, the TANF work exemptions must be explained and the MDHS-EA-336, TANF Work Program Substance Abuse Treatment Agreement, must be signed by the non-exempt recipient attesting to his/her understanding of the substance abuse exemption requirement. Each non-exempt adult must sign the TANF Work Program Substance Abuse Treatment Agreement, including a minor head of household. The form will be scanned to the TANF Temp folder in Worksite and a copy given to the individual. Any individual who is

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MISSISSIPPI

[NON-FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 10-01- exempt from the TWP for another reason will not be required to sign the Agreement until the work status changes to a mandatory (NE) or an exempt volunteer (EV) referral. However, the individual may choose to claim this exemption instead of another exemption for which he/she is qualified if substance abuse treatment is needed. If the referral to the TWP occurs at a time other than a regular case review, the Agreement may be completed at the orientation appointment. The worker will be responsible for coordinating this arrangement with the case manager to assure that the Agreement is signed prior to beginning participation in the TANF Work Program. Requesting an Exemption When the TANF applicant or recipient requests an exemption to obtain treatment for substance abuse and the MDHS-EA-336 has been signed, the worker will provide forms MDHS-EA336A, Substance Abuse Treatment Recommendation, and MDHS-EA-336B Substance Abuse Treatment Plan to the individual requesting the exemption. In order to ensure compliance with the Health Insurance Portability and Accountability Act of 1996, the client is to be given a MDHS-EA-933, Notice of Privacy Practices. Signatures should be obtained on a MDHS-EA902, HIPAA Authorization for Release of Information and a MDHS-EA-903, HIPAA Authorization for Release of Information by the Mississippi Department of Human Services. The MDHS-EA336A and MDHS-EA-336B must be completed by the primary care provider (PCP) or Mental Health Office. The Worker must complete the recipient’s identifying information and get the individual’s signature on the forms authorizing the release of information by the service provider. The worker must also complete the MDHS-EA-332, Report of Social Information, taking care to record the individual’s statements about his substance abuse problem and how this limits his/her ability to work or care for his family. A copy of the MDHS-EA-332 should be attached to the MDHS- EA336A. The recommended plan and social information are not submitted for Medical Review approval unless the exemption request later becomes a request for an incapacity determination. It is the responsibility of the individual requesting an exemption to make an appointment with his/her primary care provider to discuss his substance abuse disorder and develop a treatment plan for rehabilitation. The PCP may refer the individual to the local Mental Health Office or

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14 other treatment facility or may determine that no treatment is necessary at that point. The recipient must return the completed recommendation to the county office within 10 days. The MDHS-EA-336A and MDHS-EA-336B are not payment authorization forms to the provider. The individual’s Medicaid benefits (not the Agency) will pay for treatment or examination for substance abuse work exemption purposes. When necessary, the worker will assist the recipient with the Medicaid application process. It is the individual’s responsibility to provide adequate verification to qualify for the exemption. The provider may use the forms provided by the Agency or any other recognizable documents to provide verification of the treatment recommendation and/or plan. If the participant’s physician or mental health provider does not recommend treatment, the individual will be required to participate in the TWP. Subsequent failure to participate in an assigned work activity because of a substance abuse disorder or failure to be hired for a job because of a positive drug test should be considered refusal to participate and the individual will be subject to a drug sanction. If a treatment/rehabilitation plan is recommended, the plan must be verified. The MDHS-EA336B, Substance Abuse Treatment Plan, will be provided to the individual with the MDHSEA336A to be completed by the treatment provider. The start date must be within a reasonable time, meaning the first available slot as verified by the PCP or Mental Health Office. The plan must include a start date and expected end date. A tickler must be set to alert the worker when the individual should be referred to the case manager. Failure to participate in the treatment/ rehabilitation plan will mean a notice of adverse action and a drug sanction at any point during the proposed treatment plan. The individual will have the opportunity to provide medical evidence to document satisfactory progress by medical or mental health records to resolve any interruptions (not to exceed one week) in active participation in the treatment/rehabilitation plan. Family and Children’s Services may need to become involved with the family in need of treatment to assure protection and adequate care for the children when family resources for care are inadequate or questionable. Field Operations staff should make referrals as seems appropriate for the prevention of child abuse or neglect when there appears to be a reason for concern. Continued eligibility for assistance will follow ongoing policy regarding temporary absence from the home for the purpose of medical treatment. When Treatment Ends At the end of the satisfactory completion of the substance abuse treatment period, the individual will be referred to the TANF Work Program unless there is proof of eligibility for another work

Volume III | Chapter 3 3910

MISSISSIPPI

[NON-FINANCIAL CRITERIA: TANF WORK PROGRAM] Revised 10-01- MISSISSIPPI [ NON - FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 10 - 01 - 14

(volume-iii)(page-305)Page 305#

exemption. Treatment programs are generally limited to no more than 60 or 90 days, but may be shorter or longer based on the individual’s circumstances as documented by the service provider. The individual may be given more than one exemption period to participate in a substance abuse treatment/rehab program, but must make the request at reevaluation, or when a change occurs to the individual’s non-exempt status. However, voluntarily quitting the treatment plan without the doctor’s or Mental Health Office’s approval will cause a drug sanction to be imposed on the adult. Changes in treatment plans require a new MDHS-EA-336A or verification from the PCP or Mental Health Office. Form Maintenance The MDHS-EA-336, MDHS-EA-336A, MDHS-EA-336B and MDHS-EA-332 forms will be retained in the electronic case record with the corresponding MDHS-EA-900. The county will make the exemption determination based on the recommendation for treatment when the individual follows the recommended treatment plan. If a request for work exemption based on incapacity is submitted later for a Medical Review decision, include all prior MDHS-EA-336A, MDHS-EA336B and MDHS-EA-332 forms with the new medical and social reports when the request is submitted to the Division of Field Operations. Initiating a Sanction If recipient receives an exemption for Drug Abuse Treatment (JD) but fails to participate in a treatment program as advised by his/her physician or mental health provider, or voluntarily quits the treatment plan without the doctor’s or Mental Health Office’s approval, a drug sanction will be imposed on the adult. The fair hearing process is the same as any other fair hearing request, if made by the individual. In order to be included in the TANF budget after a drug sanction has been imposed the adult must serve the penalty period and be in compliance with his/her substance abuse treatment plan or qualify for a work exemption Subsequent failure to participate in the TWP due to a substance abuse disorder after being added back in the TANF budget will mean another drug sanction will be imposed on the adult. TANF Approvals/Applications Taken On or After 08-01-14 Effective August 1, 2014, Mississippi law requires all adults included in the TANF assistance unit to take a screening questionnaire to determine the reasonable likelihood of a substance use disorder at the time of a new TANF application. This policy includes adults that are disqualified, but excludes minor heads of household (under age 18.) If the household is eligible for TANF Volume III | Chapter 3

MISSISSIPPI [NON-FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 04-01-17

and the results of the questionnaire indicate the adult has a reasonable likelihood of a substance use disorder, MAVERICS notice A101, TANF Approval, will be used to notify the household of the results and that the adult must submit to a drug test. At the time the A101 is sent, the worker will 3911

(volume-iii)(page-306)Page 306#

send in a separate mailing an information packet providing the household information on contacting the nearest testing facility for purposes of submitting to a drug test. The packet must include the following four (4) documents: 1. MDHS-EA-337, TANF Drug Testing Instructions (the EW must use the list of TANF drug testing collection sites to locate the facility nearest to the client and enter the facility's information on the MDHS-EA-337.) 2. MedScreens/MDHS cover sheet 3. ePassport (single sheet with a bar code) 4. Chain of Custody and Control Form (multi sheet with a bar code) The eligibility worker (EW) must complete the following steps prior to mailing the information packet at the time the TANF approval (A101) notice is sent. • Complete the Applicant Information on the ePassport form with the client’s name, MAVERICS client ID and the Specimen ID (locate4d on the top right section of the Drug Testing Custody and Control Form). • Complete the Drug Testing Custody and Control Form with the client’s name (Section CName/ID) and MAVERICS client ID (Section D-Donor SSN or other ID). • Make a copy of the ePassport form prior to mailing it to the client. • Send the entire information packet containing the four items listed above, to the household. • On the same day, email the copy of the ePassport form to the eaescreen@mdhs.ms.gov email address and copy (cc) the County Director. This email account will be monitored by designated State Office staff and is to be bused only for this purpose. Document the case record. The adult will have seven (7) calendar days from the date of the TANF approval notice to report to the facility for drug testing. The adult may advise the testing facility of any current prescriptions or over-the-counter medications being taken. The case worker will notify the individual of the test results via MAVERICS notice A315, Notification of Drug Test Results. If results of the test are positive, the adult will be required to complete the treatment facility’s intake process and/or enter a drug treatment program approved by the Mississippi Department of Volume III | Chapter 3

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Mental Health within ten days of the notice of the test results. Failure to return verification of the compliance within ten days will result in a drug sanction for the adult. NOTE: The adult may contest the results of a positive drug test by taking an additional test at a facility meeting agency contract guidelines. In such cases, the adult will be responsible for paying for the test. Additional testing must occur within seven (7) calendar days of the notice being sent with results of the original drug test. If results of the second test are negative, the client will be reimbursed for the cost of the second test. Drug Treatment Referral Upon receipt of verification of drug treatment enrollment (copy of treatment plan or form MDHSEA338 completed by the treatment facility), the individual will be referred to the TWP for monitoring. (Adults exempt from work program requirements will be coded EV for referral to TWP.) The start date must be within a reasonable time, meaning the first available slot as verified by the treatment facility. The plan must include a start date and expected end date. The worker must set a tickler for the date the individual is expected to complete treatment to review the case and take the appropriate case action. For example, 1) update the individual’s JOBS status code, if necessary; 2) refer the individual back to the eligibility worker; 3) review the individual’s TWP placement for updates; and refer to the Office of Vocational Rehabilitation (OVR) or (MDES); or 4) impose the appropriate drug penalty, if necessary. Failure to participate in a treatment program at any point will mean a drug sanction for the adult.

Drug treatment programs will last at least sixty (60) days. During treatment, the adult must test negative on any random drug test administered, in addition to testing negative at the conclusion of treatment, in order to continue to remain eligible for TANF. Sanction for Non-Compliance Failure of the TANF client to complete the requirements of drug testing and treatment will subject the TANF adult to a drug sanction. Non-cooperation includes: • the client’s refusal to submit to a drug test based on results of the questionnaire • the client’s failure to complete the treatment facility’s intake process • the client’s failure to enter a treatment program if drug test results are positive • the client entering but failing to meet requirements of a treatment plan, including refusing to take a drug test

3913 Volume III | Chapter 3

MISSISSIPPI [ NON - FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 11 - 01 - 17

(volume-iii)(page-308)Page 308#

• the client testing positive for the unlawful use of a drug in a random drug test required by and administered during the treatment plan or at the conclusion of the treatment plan If non-compliance occurs, the adult will be ineligible to receive TANF benefits for a period of 3 full months after the date the household is determined to be ineligible. A full 12 month sanction period must be served if a second non-compliance occurs within a 12 month period. If a sanctioned adult becomes a member of another assistance household, the penalty will follow the sanctioned individual. Whenever an adult fails to cooperate at any point during the drug testing/treatment process and a drug sanction is imposed, the adult must serve the sanction period, and comply with the drug sanction violation before the adult can be added back in the TANF budget. NOTE: Refer to Volume III, Chapter 7, pages 7022-7027 for discussion on the automated referral process for TANF adults and maintenance of drug screening, testing, and treatment information. PROVISION OF TANF SUPPORTIVE SERVICES TANF supportive services, child care and transportation, are available for TANF recipients that are required to participate in drug treatment. (TANF applicants are not eligible for TANF supportive services.) TANF recipients who are required to participate in drug treatment and comply with their treatment plan will be eligible for TANF transportation and child care assistance for their children during the treatment period. In order to receive a monthly transportation stipend and a referral to the Division of Early Childhood Care and Development (DECCD) for child care services, the TANF recipient must provide verification of his/her treatment plan and be referred to the TANF Work Program for assignment to the JRA/SAT component. These cases will be included in the denominator and in the TWP participation rate calculation. Ongoing policy will be used to determine whether these recipients meet or fail to meet their monthly participation requirements. TANF recipients who are sanctioned for noncompliance with drug testing and/or drug treatment may apply for child care assistance through the Division of Early Childhood Care and Development at www.childcareinfo.ms (under the “Parents” tab.) The Division of

3914 Volume III | Chapter 3

Economic Assistance staff will assist sanctioned individuals with the DECCD online child care application process as needed. The DECCD is responsible for the eligibility determination process. MISSISSIPPI [ NON - FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 11 - 01 - 17 MISSISSIPPI [ NON - FINANCIAL CRITERIA: TANF WORK PROGRAM] Revised 11 - 01 - 17

(volume-iii)(page-309)Page 309#

Transportation Assistance The provision of transportation assistance will be handled according to current TWP policy. The monthly stipend amount will be based on the number of hours the individual is scheduled to participate in treatment activities each week. Child Care Assistance The provision of child care assistance will be handled according to current TWP policy. Nonexempt Recipients The jobs status code for nonexempt recipients will be based on ongoing policy. A nonexempt TANF recipient may be required to participate in other work program activities while participating in drug treatment. This decision will be made by the case manager supervisor or county director on a case- bycase basis in accordance with the individual’s treatment plan. If the treatment plan requires participation of 20 hours or more per week, the recipient will not be assigned to another activity. (The JRA/SAT component will be the only component assignment for the duration of the individual’s treatment plan.) The worker must set a tickler to review the case in the last month of the recipient’s treatment period. The worker will review the needs to be referred to the MDES or the Office of Vocational Rehabilitaion (OVR), as appropriate and notify the recipient accordingly. Exempt Recipients The jobs status code of an exempt recipient will be EV-exempt volunteer. The EV code will allow the exempt adult recipient to be referred to the TWP for component assignment. An exempt recipient who is required to participate in drug treatment will be assigned to the JRA/SAT component. No other component assignment will be required regardless of the number of hours required for treatment. The worker must set a tickler to review the case in the last month of the recipient’s treatment period and handle the case according to current TANF work requirements and TANF work exemptions. The worker will take action to change the EV code to the appropriate jobs status code for the next month.

Volume III | Chapter 3

IIPPI MISSSSPP [NON-FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 11-01-17

Noncompliance with Treatment after Referral to TWP 3915

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If an exempt or nonexempt recipient fails to comply with the requirements of his/her treatment plan after referral to the TANF Work Program, the case manager will not add a TWP conciliation record in the JAWS system. The worker must take action in JAWS to terminate the child care referral and take action in MAVERICS to apply the appropriate drug penalty. Refer to Sanction for NonCompliance above for additional and more detailed information. Transitional Services during Treatment TANF transitional supportive services are available for TANF recipients who are employed during treatment and the earned income causes ineligibility for TANF. Eligibility for TANF transitional supportive services will be based on current TWP policy and continued compliance with treatment program requirements. If noncompliance with treatment occurs, the individual will lose eligibility for any months remaining in the family’s TCC 24-month eligibility period and/or the family’s transitional transportation counter. The worker will take action to terminate TANF supportive services regardless of the individual’s employment status. The Maintain Participant Free-Form Remarks (PACR) screen in JAWS must be used to document the case record regarding this action. REFERABLE TANF APPLICANTS All adult TANF applicants who do not meet an exemption from work requirements will be referred to the TWP and required to participate, cooperate and comply with TANF Up Front requirements during the 30-day TANF application processing period. The TANF Up Front requirements include: screening for a substance abuse disorder, and referral to the WIN Job Center for job search requirements, or referral to the Office of Vocational Rehabilitation for assessment and services, if eligible. Registration The process for receiving and registering a TANF application has not changed. The clerk will continue to register the TANF application and schedule a TANF interview appointment within 10 days. At the time of registration, the clerk will inform the applicant about the TWP Work Registration requirements and provide a copy of the TWP Work Registration and Vocational Rehabilitation Informational Sheet (MDHS-EA-303B) and document page one of the MDHS- EA900 accordingly. The MDHS-EA-303B provides explanations, expectations about TWP Work Registration requirements, and informs the applicant that the TANF interview and TWP intake process may take about three hours to complete. The applicant should be encouraged, at that time, to Volume III | Chapter 3 3916

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MISSISSIPPI [NON-FINANCIAL CRITERIA: TANF WORK PROGRAM]

Volume III | Chapter 3

Revised 11-01-17

make arrangements for child care for the appointment time period. All nonexempt applicants will be referred to JAWS in real time through an online referral. Scheduling Intake Appointments (EW) MDHS clerk will register the TANF application and schedule an EW intake appointment within ten days. In counties where the clerk manually schedules appointments, the MDHS-EA-940, Notice of Appointment for Determination of Eligibility, will be used to notify the individual of the appointment date and time. Counties using the automated process will use the A906, Appointment Notice. TANF Interview During the TANF interview, the eligibility worker will identify all referable adults. All will be referred to the TWP and required to comply with TWP Work Registration requirements prior to TANF approval. The eligibility worker will use MDHS-EA-303C, TWP Work Registration Checklist, or the MDHS-EA-303D, TANF Vocational Rehabilitation Checklist, whichever is appropriate, to provide detailed explanations to all adults regarding TWP Work Registration requirements. A TANF applicant requesting a TWP exemption which is not obvious and cannot be verified at the TANF interview will be given an A301-TANF Pending Application or A905-TANF Request for Information, whichever is applicable, to verify the exemption. The applicant will also be referred to the TWP and required to comply with the TWP Work Registration requirements while verification for the exemption is pending. A TANF applicant requesting the JB exemption will be given (in addition to the A301) forms MDHS-EA-331, Report of Medical Examination and MDHS-EA-330, TANF Request for Medical Information, or MDHS-EA-333, TANF Request to Cooperating Medical Facilities for Information, whichever is applicable, to be completed by the attending physician and returned within the 10-day period. The eligibility worker must set an alert/tickler to handle the application the day following the tenth day. Based on case circumstances, the application will be handled according to the following guidelines. 1. If the applicant returns the completed MDHS-EA-331, along with any other pertinent medical information, within 10 days, the worker will enter the VR (vocational rehabilitation) code on the JOBS screen in MAVERICS and process the AFPD screen to allow the case to be “pulled” into JAWS and submit the appropriate paperwork to the Medical Review Team. 2. If the applicant fails to return the completed MDHS-EA-331 timely or contact the worker to

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verify good cause, the eligibility worker will deny the TANF application after the 10-day period. 3. If the applicant contacts the worker and provides written documentation (verification of the doctor’s appointment date and time, etc.) to substantiate that a good faith effort has been made to comply with the 10-day request for information, and verifies that the MDHS-EA331 cannot be completed timely, the eligibility worker will refer the applicant to the TWP to complete the substance abuse screening. The application may be held up to 30 days (dependent upon case circumstances) before action is taken to deny or approve the TANF application. Example: If written documentation substantiates good cause and verifies the MDHS-EA-331 cannot be provided within the 30-day application processing period (appointment to see the doctor is beyond the 30-day limit), the worker will go ahead and approve the application with the “JL” code, if the adult complied with substance abuse screening and all other eligibility criteria are met (doctor statement or obvious exemption with supervisor’s approval.) The worker must set a tickler to change the “JL” code to “NE” (medical documentation not provided) or “VR” (medical documentation provided and Medical Review decision is pending) effective for the next month. If the TWP (JOBS) Program Status Code is “NE”, the individual will be required to participate in TWP. If the TWP (JOBS) Program Status Code is “VR”, the individual will be referred to the Office of Vocational Rehabilitation (OVR) and required to comply with VR requirements. Example: If written documentation verifies the MDHS-EA-331 can be completed within the 30-day application processing period, the worker will hold the application up to 30 days. If the adult complied with substance abuse screening and the MDHS-EA-331 is provided within the 30-day period but there is not enough time for the applicant to complete the TWP and VR intake processes, the eligibility worker will approve the case with the “VR” code and submit a request for a Medical Review decision. Example: If the adult complied with substance abuse screening and written documentation substantiates good cause and verifies the MDHS-EA-331 cannot be completed within 30 days and the client fails to provide a medical statement or has no obvious exemption, the worker

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will enter a “NE” code on the JOBS screen and work the case if all other eligibility criteria are met. 4. If the Medical Review Team grants an exemption from TWP work requirements and the OVR determines the individual is not eligible for vocational rehabilitation services, change the TWP (JOBS) Program Status code to “JB- Incapacity” granting an exemption from TWP

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and VR requirements. If a nonexempt (NE, EV, WL, WP, WH, VR and SM) TANF applicant informs the case manager during the TWP intake process that he/she is unable to work, the case manager will review the case record to determine if the eligibility worker reviewed the individual’s medical documentation and denied the request for a medical exemption. If the case record does not indicate the possible medical exemption was considered by the eligibility worker, the case manager will refer the applicant back to the eligibility worker in person after the adult has completed the substance abuse screening. (If the adult fails to comply with the substance abuse screening, the adult will not be referred back to the EW. The application will be denied.) In situations where the client requested the medical exemption and the eligibility worker denied the exemption, the client will be required to continue with the TWP Work Registration process. When an individual is referred back to the eligibility worker and does not have the required medical documentation, the eligibility worker will give the applicant a 10-day request for information, along with a MDHS-EA-331 and MDHS-EA-330 or MDHS-EA-333, which must be completed by the attending physician and returned timely. In this situation, the worker will handle the application, within the 30-day processing period, according to the above policy. If the applicant provides the required medical documentation, the eligibility worker will change the TWP (JOBS) Program Status code to “VR” and work back through the AFPD screen to refer the applicant back to JAWS (overnight). In this situation, the case manager must work closely with the VR counselor and eligibility worker to comply with timeliness standards. The nonexempt referable TWP (JOBS) program status codes are CF, NE, EV, WL, WP, WH, SM and VR. The “VR-Vocational Rehabilitation” code will identify TANF applicants to be referred to the Mississippi Department of Rehabilitation Services, Office of Vocational Rehabilitation. The adult of a child only case whose TANF participation code is OU or SS will not be required to comply with TWP Work Registration requirements. These applications will be handled according to regular processing procedures. The worker will use the JOBS screen in MAVERICS to code adults for referral. After the worker processes the AFPD screen, MAVERICS will create a TWP referral file for each referable adult in real time, i.e., the case manager (JAWS) will have

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REceived status. The REceived status will update to PEnded status if the AFPD screen is processed with pended information. The TANF case status and date will be updated to OPen at approval. MAVERICS will not create a UJS file if the applicant fails eligibility on the AFPD screen. The status of the UJS process will display on the CAP2 screen in MAVERICS after the eligibility worker successfully processes the AFPD screen. The status of the UJS referral will be Referral created, JAWS in Progress, Complied, Denied MAVS or Denied JAWS. When it is determined that a non-exempt applicant is referable, the eligibility worker will schedule a TWP intake appointment with case management within three days via MAVERICS Notice A923, TANF Intake Appointment (TWP). The eligibility worker will put the A923 notice to history for documentation purposes. A screen print copy of the A923 will be provided to the individual as notification of the appointment date and time. The referral, along with the appointment date and time, will be entered on MDHS-EA-319A, Work Program Referral Log, which will be forwarded to the case manager supervisor daily. The case manager supervisor will use MDHS-EA-319A to make case manager assignments. In counties where the eligibility worker and case manager are the same, the MDHS-EA-319A will still be necessary to document the results of the SASSI. The case manager will “pull” the case in JAWS and add the TWP intake appointment. NOTE: If MAVERICS is not available during the interview process, the eligibility worker may use MDHS-EA-355 (T001), TWP Intake Appointment Letter, in lieu of the A923, to schedule the TWP intake appointment for non-exempt adults. MDHS-EA-355 is a manual version of the JAWS automated notice (T001) and should only be used if MAVERICS is not available, not on a routine basis. When it is determined that an exempt applicant is referable, the eligibility worker will schedule a TWP intake appointment with case management within three days via MAVERICS Notice A901, Other Notice. The eligibility worker will put the A901 to history for documentation purposes. A screen print copy of the A901 will be provided to the individual as notification of the appointment date and time. The referral, along with the appointment date and time, will be entered on MDHSEA-319BA, Substance Abuse Screening Questionnaire Referral Log, which will be forwarded to the case manager supervisor daily. The case manager supervisor will use MDHSEA- 319BA to make case manager assignments. Referral to JAWS The TANF applicant’s participation code must be IN, DF or DI (except for IA-ineligible aliens) to refer adult and child case information to JAWS. The JOBS Program Status code for an exempt adult will be EV. The nonexempt applicant’s TWP (JOBS) Program Status code must be one of the following:

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NE - nonexempt WL - working less than 20 hours

EV - exempt volunteer WP - working 20 to 34 hours

SM - spouse mandatory WH - working 35 or more hours

VR - vocational rehabilitation CF - fleeing felon Applicants whose TANF participation code is “OU,” “SS” or “DI” (if the citizenship code is IAineligible alien) will not be referred to JAWS. Refer to Handling Unresolved TWP and Child Support Sanctions below for additional information regarding the DI code. In small counties, TANF applicants may be referred to case management the same day as the TANF interview. In large counties, TANF applicants may be given an appointment to meet with case management. In either situation, the case manager supervisor will use the MDHS-EA-319A to manually assign TANF cases to the case manager(s). When a manual referral is received, the case manager will access the Pull Up-front Job Search Case (PUCA) screen in JAWS to “pull” the referred client. Once the client is “pulled,” the client’s information will display on the Client Information Inquiry (ICLI) screen and assign the client to the case manager’s caseload. The case manager will then schedule a TWP intake appointment in JAWS for the date and time listed on the MDHS-EA-319A. TWP intake appointments cannot be rescheduled beyond three days from the initial appointment date. Refer to Chapter 8, Referral to the TANF Work Program, for further information. Handling Unresolved TWP and Child Support Sanctions Nonexempt TANF applicants who have an unresolved TWP or child support sanction are not exempt from TWP Work Registration requirements. These individuals must have a participation code of “DI” for the application month in order for the individual to be referred to JAWS. Once the individual successfully completes the TWP intake process and TANF Up Front requirements, JAWS will notify MAVERICS that the application may be approved. The worker must change the benefit start date to the first day of the month following the month of compliance and approve the application. (A change in the SNAP start date will be dependent upon the situation, refer to Volume V). If the applicant had a child support sanction that remains unresolved, the application must be denied. If the child support sanction has been resolved, approve the application, if otherwise eligible. Notification of Cooperation When it is determined that an applicant has fully completed the TWP Work Registration requirements, the case manager will enter the appropriate completion code on the Maintain Up- front Job Search (MUJS) screen or the MDHS-EA-319B, whichever is applicable. Volume III | Chapter 3 3920

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with MAVERICS through the nightly batch process. MAVERICS will code the AUSP screen and send an alert to the TWP Alerts Due Today or Overdue (TWAD) screen informing the worker to process the application. The eligibility worker will process the application according to the code displayed on AUSP screen or the 319B. Fully Complied (FC) is the only completion code that will allow the application to be approved. Any code other than FC will result in denial of the application. All other TANF eligibility criteria must be met before a TANF application can be approved. If a denial code is received through the JAWS-to-MAVERICS interface, MAVERICS will automatically deny the application based on the denial code received from JAWS and notify the applicant via MAVERICS Notice X710. MAVERICS will generate an alert to the eligibility worker that the application has been denied. Refer to Chapter 8, for additional information. Non Compliance with TWP Referral Process Requirements At any point in the application processing period the applicant fails to comply with any requirements or assignments, e.g., misses a TANF appointment (eligibility intake), fails to provide requested information for eligibility, fails to keep the TWP intake appointment, fails to cooperate or fully complete the TWP Work Registration requirements, etc., the application will be denied. The eligibility worker may deny the application at any point. When an application is denied in MAVERICS after the TWP process has started, MAVERICS will interface with JAWS through the nightly batch process and deny the case in JAWS. Applications for non-referable adults must be held for the 30-day processing period before denying the application. An individual may reapply for TANF at any time. If an individual reapplies the same day a TANF application is denied, the clerk will hold the application until the next day and then register the TANF application for the application date entered on the MDHS-EA-900. Earned Income Disregards Applicants who find new employment any time after the TWP referral process requirements have been explained (beginning with receipt of the MDHS-EA-303B and documentation of the MDHSEA-900 or completion of the MDHS-EA-303C/MDHS-EA-303D) and the new income will cause the application to be denied will be entitled to the three-month earned income disregard (3D) 3921

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disregard may be eligible for transitional supportive services (child care and transportation) if all eligibility criteria are met. Applicants who are exempt from TWP requirements will not be eligible for TANF transitional services after their cases close due to earned income or loss of the threemonth disregard. Refer to Chapter 6, for additional information. REFERABLE TANF RECIPIENTS All adults TANF recipients who are not specifically exempt must be referred for TANF work activities, including: • Individuals who are receiving unemployment benefits • Individuals who are working, whether part-time or full-time • Teen heads of household under age 20, once the child is 12 weeks of age • VISTA volunteers and other volunteers participating in activities under the National Community Service Trust Act of 1993, such as AmeriCorps • Individuals otherwise exempt as caretaker of a child under 12 months of age (JJ) or as a victim of domestic violence (JV) who wish to volunteer (EV) • Individuals otherwise exempt (JB, JC, JF, JL and JD) who voluntarily waive their exemption and become non-exempt (NE) • Minor dependents with a child of his/her own who needs supportive services to remain in school. • Both parents in two-parent families, unless one is caring for a severely disabled child, other household member, child under 12 months or in their third trimester of pregnancy • Parents or needy caretakers whose youngest children are over the age of 12 months • Individuals who have been determined to be incapacitated (eligible for the “JB” code) or who report they are unable to work • DF - fleeing felons or fraud • DI – disqualified for enumeration or failure to report a child not in the home Referral of Working Individuals Employment is not an exemption from the TANF Work Program. Employed individuals who do not meet another work exemption reason must be referred to the TWP. Those individuals whose work hours do not meet TWP participation requirements will be assigned to a countable work activity for sufficient hours to meet the work requirement. NOTE: Prior to the TANF case closure, the worker must ensure exempt individuals (JJ or JV), who are employed, are given the opportunity to be referred to the TWP as an exempt volunteer "EV". The worker will explain to the exempt individual that a referral to the

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TWP will allow an application for supportive services (transitional child care and transitional transportation) to be processed. If the individual wishes to be referred to the TWP, the worker must complete MDHS-EA-359, TWP Agreement to Participate Following Notice of Adverse Action or Referral as an Exempt Volunteer, prior to making the referral. (Refer to Chapter 3, Volunteers, for additional information.) Individuals working less than 20 hours weekly have a TWP referral code of "WL"; those working 20-34 hours weekly are coded "WP"; individuals working 35 or more hours weekly are coded "WH". MAVERICS monitors the monthly hours worked on the Earned Income (EAIN) screen and compares the average hours to the referral code on the Jobs Opportunities and Basic Skills Program (JOBS) screen. MAVERICS will display a warning message on the AFPD screen when the number of hours worked does not match the work program code displaying on the JOBS screen. Termination of employment and receipt of unemployment benefits requires that the "W*" code be changed to NE. Receipt of unemployment benefits do not exempt the participant from the TWP. Referral of Incapacitated Adults Ongoing TANF recipients whose TWP (JOBS) Program Status code is "JB-incapacitated" will be changed to "VR", on the JOBS screen in MAVERICS, at the next regularly scheduled redetermination appointment, if they remain eligible for the exemption. These recipients will be referred to JAWS on the last day of the month prior to the effective month of the code change to "VR." Incapacitated adults who have previously been determined ineligible for Vocational Rehabilitation services will not be referred back to the TWP. The "JB" exemption code for these adults will continue if they are otherwise eligible. A TANF recipient whose "JB" code has expired or who reports an inability to work and a medical review determination is pending cannot be referred to the TWP until the appropriate medical documentation is provided. The eligibility worker will follow the same guidelines provided for TANF applicants to request medical documentation for submission to the Medical Review Team and case management. Cases for which the MDHS-EA-331 is not provided prior to the deadline for completing the redetermination will be handled according to the same guidelines provided for TANF applicants. Refer to Referable TANF Applicants, TANF Interview, for additional information. If the individual is determined to be ineligible for vocational rehabilitation services, the case manager will refer the individual back to the eligibility worker. The eligibility worker will change the individual's TWP (JOBS) Program Status code to the appropriate code and handle the case accordingly.

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Teen Parents Teen parents must stay in school until high school graduation or completion of a GED to prepare themselves for employment and self-sufficiency. "Teen parent" is defined as any PI who is under the age of 20. A teen head of household who maintains satisfactory school attendance for the month or participates in education directly related to employment for at least 25 hours per week meets the work participation requirement. The teen head of household does not fall under regular TANF school attendance requirements. Such a teen parent who has not finished high school or completed a GED is not allowed to claim the JJ caretaker exemption for a child younger than 12 months. The teen may only claim the JJ exemption until the baby is 12 weeks of age, and then becomes a mandatory participant (NE). The case manager will assign the teen parent to an educational component, such as high school, GED program approved by the Department of Education, vocational course, technical school, or adult education program. Teens referred to the work program will be monitored and tracked by case management and will be sanctioned for failure to participate satisfactorily. Supportive services are available to the teen parent. A minor parent, defined as under the age of 18 who is a dependent in a TANF case rather than head of their own case is subject to regular TANF school attendance policy. If the minor dependent parent needs supportive services in order to remain in school, she/he may be referred to the TANF Work Program as a volunteer. Volunteers Certain exempt individuals may choose to volunteer for the TANF Work Program. Only the individuals in the following categories will be accepted as volunteers. • Individuals who are caring for a child younger than 12 months of age that are eligible to claim the JJ exemption. • Individuals who are victims of domestic violence that are eligible to claim the JV exemption. Individuals in an exempt category (JJ or JV) who wish to volunteer will be coded "EV - Exempt Volunteer" for referral to the TWP. Volunteers are not using months in their 12- month TANF exemption time limit. The EV code will cause the 24-month time limit counter to increment if the individual is not assigned to a work activity. Penalties for noncompliance, without good 39254

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Revised cause, with the TWP will apply to volunteers. Failure to attend or participate satisfactorily, without good cause, may result in a TANF sanction and a corresponding SNAP sanction. Prior to referral to the TWP as an "EV", the participant must sign form MDHS-EA359, TWP Agreement to Participate Following Notice of Adverse Action or Referral as an Exempt Volunteer. The 359 serves as case documentation that TWP rules and regulations were explained, and to acknowledge his/her understanding of TWP requirements and adverse action policy and regulations. The “EV” code for an exempt volunteer that is no longer eligible for the JJ or JV exemption must be changed to NE (mandatory participant.) For example, a volunteer with a child younger than 12 months old will no longer qualify for the JJ exemption the month after the child's first birthday. The EV should be changed to NE for the first month of ineligibility. A minor parent who is not the head of household (JI-dependent under age 18) is subject to TANF school attendance requirements. A minor parent who is attending school and needs assistance with child care expenses to remain in school may be referred to the TANF Work Program as a “MV- Minor Volunteer” in order to receive supportive services. A minor dependent who fails to attend school satisfactorily will be sanctioned under school attendance policy, not TWP. The minor parent’s TWP code should be changed from MV to JI and the appropriate school attendance penalty applied. Refer to Chapter 3, School Attendance Requirements, for additional and more detailed information. A TANF recipient’s spouse whose presence in the case is disregarded for six months due to application of the Marriage Disregard will be referred to the TWP manually. The case manager must handle this individual manually because he/she is not actually in the JAWS system. Refer to Chapter 8, Volunteers, for more information. Mississippi Band of Choctaw Indians MDHS has entered into an agreement with the Mississippi Band of Choctaw Indians which allows the Tribe to operate a separate TANF Work Program for their TANF eligible members in seven Mississippi counties. The counties involved in this program are Jones, Kemper, Leake, Neshoba, Newton, Scott and Winston. Non-exempt Choctaws living in these counties must be served by the Tribal TANF Program rather than the MDHS TWP. A Choctaw Indian living in a county other than the seven listed above is considered a regular TWP referral. In this situation, the Choctaw indicator on the HERC screen in MAVERICS must be changed to "N" for the Choctaw to be counted in the TWP participation rate. NOTE: Choctaw Indians residing in a non-Choctaw county who are coded "N" will not be listed on the Active Choctaw Indians Report, but other household members who are coded "Y" will be listed. This report is used to

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identify and handle the TANF cases that receive distribution payments from the Mississippi Band of Choctaw Indians. EXPLANATIONS It is extremely important that the intake worker explain basic work program requirements so that the individual will know what to expect when he/she attends TWP orientation. The Worker must tell the individual that the number of hours required for participation in the TWP will be based on the individual’s work activity placement. The worker should not explain the minimum hours required to meet the monthly federal participation rate requirements. REAPPLICATION FOLLOWING A SANCTION When the TANF case closes because of a TWP violation, the case must not be re-approved until the minimum time period is served. After the timed sanction period has been served the case may be reapproved if the individual who committed the violation has met compliance, the family meets an exemption, and/or there is good cause for non-compliance. Cases closed for specific program violations will be identified in MAVERICS by the closure reason. There will be times when the TANF case will be frozen for another reason when the TWP noncompliance is received. Such cases will close for the original reason with no timed TWP sanction. However, any outstanding conciliation for TWP noncompliance must be resolved prior to approval of any reapplication. Refer to Volume X, Chapter 5, Sanction Override (SANO) screen, and follow the system procedures provided to resolve an outstanding sanction when the individual meets an exemption or a fair hearing is involved. A sanctioned individual may reapply for benefits at any time. However, he/she will not be eligible for benefits until the penalty period has ended. Any re-application filed prior to the 15th day of the last month of the minimum sanction period must be denied. The worker will need to explain the sanction period, re-application requirements, TWP referral process and the need to comply before reapproval. Re-applications received on or after the 15th day of the last month of the minimum sanction period will be accepted and the applicant will be required to comply with UJS requirements prior to approval, if otherwise eligible. MAVERICS will generate a referral that must be pulled to JAWS. If the individual fails to comply, the case manager will deny the application on the third day. Only when compliance is met will the JAWS system send a referral back to MAVERICS,

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indicating TWP referral process has been fully completed and the application can be approved, assuming all other eligibility factors are met. An individual who is sanctioned and complies with the work program will be eligible to receive a TANF benefit the month after the month in which compliance is met. EXAMPLE 1: A first level sanction was imposed for December and January. Any application prior to January 15 must be denied. An application received on or after January 15 will be worked in MAVERICS, creating a TWP referral to be pulled to JAWS. If application was made January 18th, the applicant has until January 20th (3 days) to complete the intake process with case management. If the intake process is not completed by that date, the application must be denied. EXAMPLE 2: Application for the above example was made January 18, and the TWP referral has been received from JAWS verifying compliance on January 28. The benefit start date must be changed to February 1 and eligibility determined beginning with February. No benefits will be approved for January. EXAMPLE 3: For the application received December 18, compliance with TWP was not verified until January 10 when the MDHS-EA-319 was received showing compliance as of January 9. The benefit start date must be changed to February 1 and eligibility determined beginning with February. No benefits will be approved for December or January. REAPPLICATION FOR SNAP ONLY If the parent/caretaker who caused the TWP sanction does not wish to reapply for TANF after the sanction period is served, he/she may apply for SNAP-only without complying with TWP requirements. (Refer to Chapter 3, Failure to Comply with TANF Work Program (TWP), for additional information.) VOLUNTARY QUIT PROVISION In the TANF Program, the voluntary quit provision mandates that no adult included in the assistance unit who is a mandatory work program participant or an exempt volunteer shall be eligible for participation in the TANF Program if he/she commits a voluntary quit violation without good cause. Criteria for determining whether an individual committed a voluntary quit violation are listed below:

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Volume III | Chapter 3 3933 1. Individual voluntarily quit his/her employment, without good cause; or 2. Individual was terminated by the employer as a direct result of personal action(s) committed by the individual, without good cause, e.g., disruptive behavior, inappropriate conduct or language, absenteeism (to include absence caused by the loss or lack of transportation), tardiness, etc.; or 3. Individual voluntarily reduces his/her work hours for any job of 20 or more hours per week, without good cause. At the time of application, the worker shall explain to the applicant the consequences for committing a voluntary quit violation, without good cause. (Refer to Chapter 3, Ending a Voluntary Quit Provision Penalty/Disqualification, for information regarding compliance.) An employee of the Federal, State or local government who engages in a strike against the government which results in dismissal from that job shall be treated as a voluntarily quit violation, without good cause. However, changes in employment status that result from involuntarily reducing hours of employment while working for the same employer, terminating a self-employment enterprise, or resigning from a job at the demand of an employer will not be considered as a voluntary quit for purposes of this provision. If an individual quits a job, reduces his/her work hours, or is terminated by the employer as a direct result of personal action(s), e.g., disruptive behavior, inappropriate conduct or language, absenteeism (to include absence caused by the loss or lack of transportation), tardiness, etc., committed by the individual, then gets a new job at comparable wages or hours and then is laid-off or, through no fault of his own loses the new job, the earlier quit will not be considered as a basis for disqualification. EXCEPTION: An individual meeting a work program exemption will be excluded from the voluntary quit provision. However, an exempt individual who chooses to be referred to the TWP as an exempt volunteer (EV) or who voluntarily waives his/her exemption status and is referred to the TWP as a nonexempt (NE) participant will not be excluded from the voluntary quit provision if he/she commits a voluntary quit violation while participating in the TWP, without good cause. Refer to Chapter 3, Exempt Individuals and Waiver of Exemption Status, for additional information.

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Volume III | Chapter 3 3934 INDIVIDUALS SUBJECT TO THE VOLUNTARY QUIT PROVISION All household members should be tested for voluntary quit at application, recertification and during the certification period. If a member of an applicant household quits a job without good cause within two full calendar months prior to the month of application, or between the date of application and certification, a voluntary quit penalty will be applied. Since this is not a reportable change under simplified reporting rules, if a member of a certified household quits a job without good cause, a voluntary quit penalty will not be applied unless the voluntary quit is discovered within 60 days of the quit. If it is discovered that a household member quit a job, document the date of discovery and the date of quit. Determine if the discovery is within 60 days of the quit. Based on these dates, determine if a voluntary quit penalty should be applied. 1. The following individuals are subject to the voluntary quit provision: 2. Nonexempt individuals (parents and caretaker relatives) applying for TANF benefits. 3. TANF recipients who qualify for a work exemption as caring for a child under 12 months of age (JJ) or as a victim of domestic violence (JV) but voluntarily choose to participate in TWP as an exempt volunteer (EV.) 4. TANF recipients who qualify under the JB, JC, JF, JL and JD exemption codes but voluntarily choose to waive their exemption status and were referred to the TWP as a nonexempt (NE) individual. NOTE: The household or individual may not be disqualified when the member who committed the violation becomes exempt from the work requirements before the sanction can be imposed. For example, in the case of the applicant household, if the member reports becoming exempt before the worker sends the notice of disqualification, the disqualification will not be imposed. Likewise, if a participating household member who committed a voluntary quit violation becomes exempt before the effective date of disqualification, the household will not be disqualified. CRITERIA FOR IMPOSING VOLUNTARY QUIT PENALTIES If an individual commits a voluntary quit violation within two full calendar months prior to the month of application or between the date of application and approval or while receiving TANF benefits, the voluntary quit provision will be applied based on the following criteria: 1. To applications with no prior TANF Transitional Transportation involvement only if the

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Revised 11-01-17

violation occurred within two full calendar months of application or between the date of application and approval and the violation was without good cause. The penalty period always includes the month of application plus the following two full calendar months. (Refer to Chapter 3, Voluntary Quit Penalty for New Application with No Prior TANF Transitional Transportation Involvement, for additional information.) 2. To applications with prior TANF Transitional Transportation involvement if the violation occurred within two full calendar months prior to the month of application or between the date of application and approval and the violation was without good cause. (Refer to Chapter 3, Voluntary Quit Penalty for Application with Prior TANF Transitional Transportation Involvement, for additional information.) NOTE: The penalty period for application with prior TANF Transitional Transportation involvement will always include the month of application plus the following two (2) or six (6) full calendar months. (Refer to Voluntary Quit Penalty for Applicant Households with Prior Transitional Transportation, for additional information.) 3. To ongoing cases if the violation occurred while the individual was receiving TANF benefits and the violation was without good cause. The appropriate TWP timed penalty period will be applied. (Refer to Chapter 3, Voluntary Quit Penalty for On Going Case, for additional information.) IMPOSING THE DISQUALIFICATION PERIOD When a determination is made that a nonexempt adult or an exempt volunteer committed a voluntary quit violation without good cause, the action to be taken depends upon whether it is an application with no prior TANF Transitional Transportation involvement; an application with prior TANF Transitional Transportation involvement; or an ongoing TANF case. In an application situation with no prior TANF Transitional Transportation involvement, the penalty will apply to the entire assistance unit when the individual who commits the violation is the parent. The entire assistance unit will be ineligible for the TANF Program until the penalty period (month of application plus the following two full calendar months) is served. The penalty for this violation will apply only to the applicant who commits the violation if he/she has requested to be the needy caretaker relative. The needy caretaker relative shall be excluded from the assistance unit at least until the penalty period is served. Then the needy caretaker can request to be added to the case when the penalty period ends. The needy caretaker will be referred to the TWP at the time he/she is added to the TANF case, unless he/she meets a work program exemption.

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Revised 11-01-17

application, or between the date of application and approval; and 3. The violation involved work of at least 20 hours per week or produced earnings in an amount at least equivalent to the Federal minimum wage multiplied by 20 hours; or the hours were permanently reduced for any job of 20 hours or more; and 4. The violation was without good cause. NOTE: If the needy caretaker relative who committed the violation is not the parent of the child(ren) in the assistance unit, deny eligibility for the needy caretaker relative only and test eligibility for the children. Refer to Imposing the Disqualification Period below for further information. The penalty period always includes the month of application plus the following two full calendar months. EXAMPLE: Individual quit job, without good cause, on March 12 and applied for TANF benefits on April 15. The applicant is ineligible and the application must be denied. Any application prior to June 15 will be denied. The individual will be ineligible until the penalty period has ended. An application received on or after June 15 from the disqualified individual will be processed with a benefit start date of July 1, if otherwise eligible. Applicant Who Committed the Violation Becomes Exempt before Sanction Imposed The household or individual may not be disqualified when the member who committed the violation becomes exempt from the work program before the sanction can be imposed. For example, in the case of the applicant household, if the member reports becoming exempt before the worker sends the notice of disqualification, the disqualification will not be imposed. Likewise, if a participating household member who committed a voluntary quit violation becomes exempt before the effective date of disqualification, the household will not be disqualified. Disqualification of Applicant Households with NO Prior TANF Transitional Transportation Involvement If the entire applicant household is to be penalized, the application shall be denied. The household will be sent MAVERICS notice A238, TANF Denial-Quit Job, advising the household of the following:

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1. The specific act or noncompliance committed; and 2. The proposed penalty period; and 3. A statement that the household may reapply after the penalty period. If the individual is a needy caretaker relative other than a parent, the application must be processed only for the children. The A101, TANF Approval Notice, will be sent explaining that the individual may ask to be added to the case at the end of the penalty period. In either case, it is not a countable violation and no TWP sanction will be added in MAVERICS on the TASH screen. The worker must complete MDHS-EA-302, TANF Voluntary Quit Tracking Log, to permanently document the individual’s case record. Ending A Voluntary Quit Provision Penalty/Disqualification for Applicant Households with NO Prior TANF Transitional Transportation Involvement A reapplication for TANF, following a voluntary quit penalty, will be processed as follows: Penalty Applied To Parent at Application Following the end of the penalty period (month of application plus the following two full calendar months), the household may reapply and, if otherwise eligible, be authorized to participate. The non- exempt parent will be required to comply with TANF Up-Front requirements and upon TANF approval will be referred to TWP, unless otherwise exempt. NOTE: If the individual reapplies on or after the 15th of the last month of the penalty period, the benefit start date will be changed to the month following the end of the penalty period. Penalty Applied To Needy Caretaker Relative at Application Following the end of the penalty period (month of application plus the following two full calendar months), the caretaker relative other than a parent may request to be added to the case, if otherwise eligible. If eligible, the individual shall be added to the case the month following the expiration of the penalty period or following the request, whichever is later. VOLUNTARY QUIT PENALTY FOR APPLICANT HOUSEHOLDS WITH PRIOR TANF TRANSITIONAL TRANSPORTATION INVOLVEMENT A former TANF recipient who received TANF Transitional Transportation (TT) benefits, at Volume III | Chapter 3 3935

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Revised 11-01-17

any time, and quit his/her job, without good cause, may be subject to a voluntary quit penalty at reapplication for TANF. If the individual’s last TANF TT benefit month was more than 12 months prior to the month in which the voluntary quit violation occurred, a minimum penalty period of the month of application plus the following two full calendar months will be applied. If the individual’s last TANF TT benefit month was 12 or less months prior to the month in which the voluntary quit violation occurred, a minimum penalty period of the month of application plus the following six (6) months will be applied. The penalty period always includes the month of application plus the two or six full calendar months following the month of application. When determining the time lapse between the last TT benefit month and the month in which the violation occurred, the count begins the month following the last TT benefit month. For example:

Last TT Benefit Month Month Violation Occurred Time Lapse Between TT and Violation Penalty to be Applied 07/13 16 08/14 17 13 months Month of Application PLUS 2 Months 3.08 /13 16 08/14 17 12 months Month of Application PLUS 6 Months Applications WITH Prior TANF TT Involvement to be Tested Applicants with prior TANF TT involvement shall be disqualified if the individual to be tested meets all of the following conditions: 1. The individual is the parent or needy caretaker relative, and 2. The individual received, at any prior time, TANF TT benefits; and 3. The individual committed a voluntary quit violation within two months prior to the month of application, or between the date of application and approval; and 4. The violation involved work of at least 20 hours per week or produced earnings in an amount at least equivalent to the Federal minimum wage multiplied by 20 hours; or the hours were permanently reduced for any job of 20 or more hours; and 5. The violation was without good cause.

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If the individual who committed the violation becomes exempt before the effective date of disqualification, the household will not be disqualified. Examples for Applying a Voluntary Quit Penalty to Applications WITH Prior TANF Transitional Transportation Involvement NOTE: For all TANF applications, the penalty period will always include the month of application PLUS either the two or six full calendar months following the month of application. EXAMPLE 1: TANF case closed effective January 1, 2017, because of earned income. Individual received transitional transportation benefits from January through March 2014 (3 months). The individual quit his/her job March 31, 2017, without good cause. The individual reapplied for TANF benefits on April 15, 2017. The last transitional transportation benefit month was 12 months or less prior to the month in which the voluntary quit violation occurred; therefore, the worker will apply a six-month penalty (April, the month of application plus six months, May through October 2017). The family will be ineligible until the penalty period has ended. An application prior to October 15, 2017, will be denied. An application on or after October 15, 2017, will be processed with a benefit start date no earlier than November 1, 2017, if otherwise eligible. At approval, the individual will be referred to the TANF Work Program unless the family meets a work program exemption. The individual has 15 months remaining on his/her 18-month TT counter (lifetime maximum.) EXAMPLE 2: TANF case closed effective January 1, 2015, because of earned income. Individual received transitional transportation benefits from January 2012 through July 2017 (19 months). The individual quit job August 19, 2017, without good cause, and reapplied for TANF benefits on September 2, 2017. The last transitional transportation benefit month was more than 12 months prior to the month in which the voluntary quit violation occurred; therefore, the worker will apply a two month penalty (September, the month of application plus two months, October through November 2017). The family will be ineligible until the penalty period has ended. An application prior to November 15, 2017, will be denied. An application on or after November 15, 2017, will be processed with a benefit start date no earlier than December 1, 2017, if otherwise eligible. At approval, the individual will be referred to the TANF Work Program, unless the family meets a work program exemption. The individual has used up the lifetime maximum allowed for receiving transitional transportation. Any future applications for TANF Transitional Transportation will be denied.

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MISSISSIPPI

Revised 11-01-17

EXAMPLE 3: TANF case closed effective January 1, 2015, because of earned income. Individual received transitional transportation benefits from January 2015 through August 2016 (20 months). The individual quit job August 19, 2017, without good cause, and reapplied for TANF benefits on September 2, 2017. The last transitional transportation benefit month was 12 or less months prior to the month in which the voluntary quit violation occurred; therefore, the worker will apply a six month penalty (September, the month of application plus six months, October 2017 through March 2015). The family will be ineligible until the penalty period has ended. An application prior to March 15, 2015, will be denied. An application on or after March 15, 2015, will be processed with a benefit start date no earlier than April 1, 2015, if otherwise eligible. At approval, the individual will be referred to the TANF Work Program, unless the family meets a work program exemption. The individual has used up the lifetime maximum allowed for receiving transitional transportation. Any future applications for TANF Transitional Transportation will be denied. EXAMPLE 4: TANF case closed effective January 1, 2015, because of earned income. Individual received transitional transportation benefits from January 2015 through December 2017 (24 months). The individual quit job January 16, 2017, without good cause, and reapplied for TANF April 1, 2017. In this example, voluntary quit does not apply because the quit date is more than two full calendar months prior to the month of application. The application will be processed according to ongoing policy. The individual has used up the lifetime maximum allowed for receiving transitional transportation. Any future applications for TANF Transitional Transportation will be denied. EXAMPLE 5: TANF case closed effective January 1, 2015, because of earned income. Individual received transitional transportation benefits from January through March 2015 and July 2015 through January 2016 (10 months). The individual quit a job December 20, 2016, without good cause, and reapplied for TANF February 15, 2017. The last transitional transportation benefit month was 12 months or less prior to the month in which the voluntary quit violation occurred; therefore, the worker will apply a six-month penalty (February, the month of application, plus six months, March through August 2017). The family will be ineligible until the penalty period has ended. An application prior to August 15, 2017, will be denied. An application received on or after August 15, 2017, will be processed with a benefit start date no earlier than September 1, 2017. At approval, the individual will be referred to the TANF Work Program unless the family meets a work program exemption. The individual has 8 months remaining on the 18- month lifetime maximum allowed for receiving TANF Transitional

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Revised 11-01-17 Volume III | Chapter 3

MISSISSIPPI [NON-FINANCIAL CRITERIA: TANF WORK PROGRAM] 3945 3. A statement that the household may reapply after the penalty period. If the individual is a needy caretaker relative other than a parent, the application will be processed If the individual is a needy caretaker relative other than a parent, the application will be processed only for the children. The A101, TANF Approval Notice, will be sent explaining that the individual may ask to be added to the case at the end of the penalty period. In either case,

Revised 11-01-17

it is not a countable violation and no TWP sanction will be added in MAVERICS on the TASH screen. The worker will complete MDHS-EA-302, TANF Voluntary Quit Tracking Log, to permanently document the individual's case record. Ending a Voluntary Quit Provision Penalty/Disqualification for Applicant Households WITH Prior TANF Transitional Transportation Involvement A reapplication for TANF, following a voluntary quit penalty, will be processed as follows: Penalty Applied To Parent at Application Following the end of the penalty period (month of application plus the following two or six full calendar months), the household may reapply and, if otherwise eligible, be authorized to participate. TWP compliance is not required prior to approval. However, the non-exempt parent will be referred to the TWP upon approval, unless otherwise exempt. NOTE: If the individual reapplies on or after the 15th of the last month of the penalty period, the benefit start date will be changed to the month following the end of the penalty period. Penalty Applied to Needy Caretaker Relative at Application Following the end of the penalty period (month of application plus the following two or six full calendar months), the caretaker relative, other than a parent may request to be added to the case, if otherwise eligible. If eligible, the individual shall be added to the case the month following the expiration of the two or six-month penalty period or following the request, whichever is later. VOLUNTARY QUIT PENALTY FOR RECIPIENT HOUSEHOLDS A TANF recipient who commits a voluntary quit violation, without good cause, while receiving TANF benefits will be disqualified for the appropriate TANF Work Program (TWP) timed penalty period.

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Revised 11-01-17 Volume III | Chapter 3

MISSISSIPPI [NON-FINANCIAL CRITERIA: TANF WORK PROGRAM] 3947 until the penalty period has ended and the individual has met compliance or the family meets an exemption. EXAMPLE 2: This situation involves a TANF recipient, with prior TANF Transitional Transportation involvement, who committed a voluntary quit violation on December 20, 2016, without good cause. The violation was reported to the worker on January 15, 20147. The worker will apply the appropriate TWP timed penalty and close the TANF case. This is the individual's third TWP penalty (12- month penalty); therefore, the penalty period will be February 2014 - January 2018. The family will be ineligible until the timed penalty period has been served and the individual who committed the violation has met compliance or the family meets a work program exemption. An application prior to January 15, 208, will be denied. An application received on or after January 15, 2018, will be processed according to ongoing policy. The individual received TANF Transitional Transportation from August 2014 through February 2015 (7 months). The individual has 11 months remaining on the 18-month lifetime maximum allowed to receive transitional transportation. Recipient Households to be Tested A recipient will be disqualified if the individual(s) to be tested meets all of the following conditions: 1. The individual is the parent or needy caretaker relative, and 2. The individual committed the violation while participating in the TANF program; and 3. The violation involved work of at least 20 hours per week or produced earnings in an amount at least equivalent to the Federal minimum wage multiplied by 20 hours; or the hours were permanently reduced for any job of 20 hours; and 4. The violation was without good cause. NOTE: If an assistance unit is already participating when a violation which occurred prior to approval is discovered, the individual will be treated as a recipient and the sanction applied accordingly. Disqualification of Recipient Households

If it is determined that a recipient household is to be disqualified, the household will be sent a notice of adverse action within 10 days after the determination of the violation is made. The disqualification period begins with the first available month following the expiration of the 10 day adverse action period. The disqualification period for recipient households is as follows:

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Revised 11-01-17 Volume III | Chapter 3

MISSISSIPPI [NON-FINANCIAL CRITERIA: TANF WORK PROGRAM] 3949 4. Is assigned to another TWP component. NOTE: If the individual reapplies on or after the 15th of the last month of the penalty period, he/she will be referred to the TANF Work Program and must comply with work requirements or meet a work program exemption before the application can be approved, if otherwise eligible. The benefit start date will be changed to the month following the month of compliance. An application received prior to the 15th of the last month of the penalty period will be denied. VERIFICATION The worker will request verification of the household's statements concerning the violation only if the information is questionable. The primary responsibility for providing verification rests with the household. However, the worker will assist the household in obtaining the needed verification if the household finds it difficult or impossible to obtain documentary evidence in a timely manner. Acceptable sources of verification include, but are not limited to, the previous employer, employee associations, union representatives and grievance committees or organizations. Whenever documentary evidence cannot be obtained, the worker will substitute a collateral contact. The worker is responsible for obtaining verification from acceptable collateral contacts provided by the household. If both the worker and the household are unable to obtain requested verification from these or other sources because the cause for the violation resulted from circumstances that for good reason cannot be verified, such as a resignation from employment due to discrimination practices or unreasonable demands by an employer or because the employer cannot be located, the household will not be denied access to the TANF program. The worker or case manager will explain to the applicant and/or recipient the consequences of voluntarily quitting a job, voluntarily reducing work hours or being terminated by the employer as a direct result of personal action(s), e.g., disruptive behavior, inappropriate conduct or language, absenteeism (to include absence caused by the loss or lack of termination), tardiness, etc., committed by the individual, without good cause. DOCUMENTATION OF THE TANF CASE RECORD The worker will use form MDHS-EA-302, TANF Voluntary Quit Tracking Log, to permanently

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MISSISSIPPI [INCOME: BASIC PRINCIPLES] Revised 8-01-1304-01-20

22. Any monthly allowance paid to a child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child. 23. Payments from emergency or major disaster. This includes Federal Emergency Management Assistance (FEMA), Disaster Unemployment Assistance, and National Flood Insurance Program (NFIP) payments made under the National Flood Insurance Act of 1968 (P.L. 10964). 24. Total earnings for six (6) months when the individual finds new employment of at least 35 hours per week within the first 30 days following (1) approval for TANF or (2) start of job readiness training. This is a one-time disregard. See Chapter 6, Total Earned Income Disregard, for further discussion. 25. Total earnings for three (3) months when increased earnings or loss of disregards causes ineligibility for TANF money payment provided the six month disregard mentioned above has not been used. See Chapter 6, 3-Month Income Disregard, for further discussion. 26. As an incentive for two-parent families, when a TANF PI marries on or after October 1, 1999, the income of the newly married spouse is to be disregarded for six consecutive months. If reported timely, the disregard period begins with the month the spouse is added to the case. If not reported timely the disregard begins with the month the spouse could have been added. This disregard is applicable only in the TANF case and is a onetime disregard. 27. Any income received by a family cap child, including child support. Note: The child s income is coded by the child for TANF purposes. 28. Combat pay: This is additional pay received by military personnel as a result of being deployed to a combat zone. The leave and earnings statement will indicate whether the deployed military person is receiving combat pay. Other verification may be obtained. 29. On-the-job training and other payments received through the Summer Youth Employment and Training Program. 30. Medical Loss Ratio (MLR) rebates from insurance companies. Such payments are considered as non-recurring lump sum payments.

31. Income earned in an Achieving a Better Life Experience (ABLE) account. These earnings are not taxed if spent on qualified disability-related expenses.

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DEFINITION OF EARNED AND UNEARNED INCOME Income can generally be categorized as either earned or unearned, depending on its source. Unearned income requires no physical activity by the recipient and is usually in the form of a pension, benefit or compensation. Earned income is obtained through the individual s own efforts and is usually in the form of (1) wages, salary, or commissions received as an employee of another person or company or (2) profit gained through self-employment when the individual gives substantial services in connection with the enterprise. GROSS INCOME TESTED All earned and unearned income except that specifically disregarded must be tested against the gross income test. Consider as income only the amount actually received by an individual from a source such as RSDI when a part of the amount of entitlement is being withheld from the monthly payment to repay a prior overpayment received from that income source. The Social Security amount shown on page 1 of an IEVS BENDEX alert is the total of the individual s Social Security check including Medicare premium if paid by that individual (not state buy-in). If the Medicare premium is not state buy-in, the amount of the premium will be added to the amount shown on the monthly Social Security check, if the check is used to verify the income. Exception: Monies being withheld or recouped from a payment from a means-tested program to repay an overpayment that was caused by a household s failure to comply with the other program s requirements shall be income. Note that this does not apply when benefits are reduced to repay an overpayment caused by agency error. Examples of means-tested programs are TANF, General Assistance (GA), publicly funded housing or other assistance programs based on need. See Chapter 4, Earned Income To Be Averaged, for deducting business expenses from selfemployment income. Also, see Chapter 6, Budgeting Net Monthly Earned Income, for further discussion on budgeting income. NET INCOME TESTED Net income which must be tested against the 100% need standard includes unearned income and earned income after certain deductions are allowed from gross earnings. Countable support payments from an absent parent are included in the 100% test budget.

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LUMP SUM PAYMENTS Income Versus Resources Income must be distinguished from resources as both may be received in lump sum payments. The sale of an asset, income tax refunds, retroactive TANF, and accumulated retirement funds which are available for withdrawal and required by policy to be withdrawn are considered resources. Regular Monthly Income Income received annually or periodically (less often than monthly) from the same source must be considered as income and is averaged over the period it is intended to cover, unless specifically addressed or excluded in this chapter. The yearly payments on a property sale and the yearly rental on an oil lease are averaged over a twelve month period and used as regular monthly income. Lump Sum Income The majority of lump sum payments that a client may receive, unless otherwise disregarded, are considered as resources in the month received. Some of these payments may be classified as windfalls. A windfall is defined as a sum that is not earned, does not occur on a regular basis, but does not represent an accumulated monthly income received in a single sum. A windfall may be an inheritance, benefits from a life insurance policy, lottery winnings, personal liability accident settlements, and Job Corps readjustment payments. The most common lump sum payments received by individuals are nonrecurring payments, such as retroactive RSDI benefits. Any portion of this lump sum payment identified as a payment for the current month must be counted as income. Lump sum child support arrearage payments received directly and retained by the recipient, and excess arrearage payments collected by IV-D and returned to the family, are treated as resources in the month received. (Lump sum payments from SSI should be totally disregarded). Other types of non-recurring lump sum payments include income tax refunds, rebates, or credits, retroactive TANF or other payments, lump sum insurance settlements, vacation pay received in one payment, lottery winnings, refunds, etc. Lump sum death benefits from RSDI should be disregarded when it is verified that the benefit

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ANTICIPATING EARNED INCOME In determining eligibility, the worker must reasonably anticipate the household s monthly income for the duration of the certification period. Reasonably anticipated income is based on the income received in the four weeks prior to the date of interview, based on frequency of pay, excluding any income that cannot be reasonably anticipated to continue during the certification period. For example, overtime not usually received, a one-time bonus, etc. If a future change is indicated at the time of application or recertification, the prospective income will be based on a future change. Future changes must be verified and include changes such as a job change, reduction of hours, a lay-off, etc. Noncontinuing income will not be considered in determining reasonably anticipated income for a household. However, the noncontinuing/terminated income will be counted in the appropriate budget month. Information known to the agency through any source (client reports, MAVERICS generated report, a fraud tip, seeing a client at work, etc.) must be acted upon. As mentioned earlier in this material, to reasonably anticipate the household income, the worker must explore the income from the four weeks prior to the interview for an applicant household or a recertification. If a change is reported during a certification period the worker must use check stubs, wage form, etc. to determine anticipated income. Example: At interview October 17, based on a household member s weekly pay schedule, the four most recent check stubs for the dates of September 23, September 30, October7, and October 14 would be requested. Example: A client paid bi-weekly is interviewed September 8. It is determined that the client s most recent paycheck was received September 2. Based on the pay schedule, check stubs for September 2 and August 19 would be requested to reasonably anticipate income. Example: A recipient reports a new job. The worker should use check stubs and/or a wage form (MDHS-EA-910) to determine countable anticipated income for the remainder of the certification period. When an individual changes jobs, only the income from the new job should be used to update the case. A MDHS-EA-910, Request for Employment Verification, completed by the employer is the best way to gather the information needed to work the case. A MDHS-EA-910, Request for Employment Verification, is used to determine the income when the individual does not have income from the four weeks prior to the interview. The worker will multiply the hourly rate by the average number of hours to obtain a weekly amount to be converted.

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Example: A MDHS-EA-910, Request for Employment Verification, is returned showing the individual will be working between 20 and 25 hours per week, making $6.00 an hour. The worker should calculate 6 x 22.5 to determine a weekly income of $135.00. This amount would then be converted based on the pay schedule. In some instances, the employer may indicate both the wage and hour information and list one or two checks received. The worker should use the checks received in the four weeks prior to the interview and the amount determined by the scheduled hours multiplied by the hourly wage to establish a full month of wages for future months. Example: The application was taken August 2 and the interview was conducted on August 9. A MDHS-EA-910, Request for Employment Verification, is returned showing the individual will be working 35 hours per week at $5.75 per hour. Also listed are two weekly checks received in the month of July in the amounts of $201.25 and $207.00. To determine the ongoing income for the case, the worker will use the $201.25 and $207.00 checks and for the other 2 weeks, use $201.25(35 x 5.75) Example: A MDHS-EA-910, Request for Employment Verification, is returned showing the individual may be working 40 hours per week at $6.00 per hour. Also listed is the first check received in August, that only covered 2 days out of 5. The individual is paid weekly and will receive three more checks in August. The worker will use the first check and for the additional three checks, determine the weekly amount by multiplying the 40 hours by the $6.00 for a weekly total of $240. For the initial month only, the actual income would be used with the second and subsequent months being converted from a weekly amount of $240 per week. Once reasonably anticipated income for a household is determined, the income will be coded in the MAVERICS system. The system will convert the income based on the frequency of the income. For example, income paid weekly will be converted by 4.33, bi-weekly converted by 2.15, and semimonthly multiplied by 2. If income cannot be reasonably anticipated to be received in the certification period, it should not be used. Exploring Fluctuating Income Income to be included in the case must be the best estimate of future earnings. Situations often occur where the recipient/applicant has checks with fewer hours than regularly scheduled. The reason for the lower hours should be explored with the recipient/applicant and if needed, a MDHS- EA-910, Request for Employment Verification, may be used to gather hourly wages and the hours scheduled. 4100 MISSISSIPPI [ INCOME: EARNED INCOME ]

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4101 Volume III | Chapter 4 MISSISSIPPI [INCOME: EARNED INCOME]

Revised 11-01-11

In situations where a recipient/applicant has reduced hours on a check and the reduction is not ongoing and employer initiated, the normally scheduled hours multiplied by the hourly wage should be substituted for the gross. Example: An interview takes place on March 17. Wages from the prior four weeks are requested. When the checks are turned in, one check shows 20 hours instead of 40. The worker must contact the individual to determine why she only worked 20 hours. The individual stated her child was sick and could not go to day care. The worker should substitute 40 hours multiplied by the hourly wage to use in place of the 20-hour check. Exploring Non-Regular Income Check stubs often reflect holiday, vacation, bonuses, overtime, etc. The worker must discuss the frequency of this income. Additional information from the employer may be required if the check stubs do not show a clear history of the payment. However, check stubs showing year-to-date totals will give the best indication of the frequency of this income and assist in determining regular ongoing income or infrequent overtime and bonuses. Income that is not considered normal, ongoing income for each month should be excluded from the budget. The worker must clearly document why this income was excluded. Example: At recertification in April, a recipient turns in the four most recent check stubs. On one of the check stubs, the individual received 10 hours of overtime. Since the year-to-date total for overtime only shows the amount received on this check and the client stated that she took an extra shift for someone who was out sick, the 10 hours of overtime would be excluded. Example: At recertification in January, a recipient turns in the 2 most recent biweekly check stubs. The client stated that she had overtime due to the holidays. If the year to date total for overtime supports this, the overtime would be excluded in the budget. Example: At application in January, the individual turns in his four most recent check stubs. Each check stub shows overtime. The year-to-date total for overtime shows $12,567 for the year. The overtime would be included in the budget. FROM WAGES AND SALARIES Earned income shall include:

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1. All wages, salaries and tips for services performed as an employee. This includes wages held at the request of the employee, advances on income, and other taxable income received on a regular basis such as, Christmas bonus, profit sharing, etc. Certain food and beverage establishments allocate a certain amount of tips on the employee's W-2 form (Box 6); however, the employer withholds taxes based on the employee's reported amount of tips and not the allocated amount. Only the amount of

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tips reported by the employee rather than the allocated amount should be counted as income.Advances are distinguishable from loans in that advance wage payments are made in exchange for services or labor to be performed, while loans are made in exchange for repayments of the principle amount plus, in most circumstances, interest. Wages and salaries, as well as vacation pay received after employment ends (for example, the last paycheck as opposed to severance pay) will be considered earned income when it is received in more than one installment. Severance pay is not earned income. See SEVERANCE PAY in this chapter. Sick pay provided by the employer is considered earned rather than unearned income if the employee is going to return to work when recovered and is still considered an employee by his employer. Generally, this is a continuation of salary with normal payroll deductions. Sick pay or disability benefits from a source other than the employer, such as an insurance company, is unearned rather than earned income even if the employee intends to return to work. Money which is diverted from an employee s gross earnings through a cafeteria plan to pay certain expenses such as child care or medical expenses is counted as income. 2. The total income, after appropriate exclusions, from a self-employment enterprise, including the total gain from the sale of any capital goods or equipment related to the business. Payments from a roomer or boarder, except foster care boarders, shall be considered a selfemployment enterprise regardless of the number of hours spent weekly in providing the service. Ownership of rental property shall be considered a self-employment enterprise. However, income derived, less the cost of doing business; from the rental property shall be considered earned income only if a member of the assistance unit is actively engaged in MISSISSIPPI [ INCOME: EARNED INCOME ]

Revised 11 - 01 - 11

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MISSISSIPPI [INCOME: EARNED INCOME] Revised 11-01-11

4. Earnings to individuals who are participating in on-the-job training programs under Workforce Investment Act (includes monies paid by WIA and monies paid by employer). 5. Income from jury duty provided the pay is dispersed over a time period of several days or weeks in a specific amount, such as $15.00 per day. (If the jury pay does not exceed $30.00 in a quarter and cannot be reasonably anticipated, it may be excluded as infrequent and irregular income.) 6. Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) for military personnel are treated as earned income when received in lieu of free housing and/or food. The BAH is one monthly payment and replaces the Basic Allowance for Quarter and Variable Housing Allowance. (Any gain or benefit which is not in the form of money payable directly to the assistance unit, e.g., free meals and/or housing furnished to military personnel living on the base, is classified as an in-kind benefit and excluded as income.) 7. Income received from the selling of blood and blood plasma. EARNED INCOME DISREGARDS For families who qualify on the gross income test, earned income may be disregarded in the following ways: 1. Special student disregard for full-time or part-time students under the age of 18 2. Standard $90 deduction for work expenses 3. Dependent care deduction 4. A one-time Total Earned Income Disregard opportunity for six (6) months covers all TANF adults who find an unsubsidized job of at least 35 hours per week either: within 30 days after authorization for new TANF approvals on or after 07-01-97; or within 30 days after the initial start date of the job readiness/job search work activity with the Job Placement Entity (This covers new approvals since 07-01-97 and ongoing cases.) The 6-month total disregard of earnings is available only once for new TANF approvals and ongoing cases beginning July 1, 1997 and thereafter. See Chapter 6, Total Earned Income Disregard. 5. A 3-month total earned income disregard will be available only when the TANF case is subject to closure because of increased earnings and the individual is employed at least 25 hours per week at federal minimum wage level or higher. The 3-month disregard cannot be

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claimed in combination with the 6-month disregard but can be claimed again after a 12month break in assistance. See Chapter 6, 3-Month Income Disregard.

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6. Marriage disregard allows income and resources of a new spouse to be disregarded for six (6) months. See Chapter 3, Marriage Disregard. VERIFICATION OF INCOME Verification of earned income must include the name and address of the employer, the frequency of payment, the day of the week or date of the month the payment is regularly received, the hours worked, gross income and deductions, etc. Verification can be accomplished by check stubs, using the MDHS-EA-910, Request for Employment Verification, etc. 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 assistance unit 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. EARNED INCOME TO BE AVERAGED/PRORATED The only types of earned income that can be averaged are from contractual or self-employment. From Contractual Employment Income from contractual work must be considered as being received in each month covered by the contract regardless of the number of months in which the income is received. Consider the contract to be twelve months when a school related employee has the option to receive gross earnings from school employment over a twelve-month period. From Self-Employment Self-employment differs from other employment in that mandatory deductions are not withheld prior to the individual receiving pay. Gross self-employment income is determined by deducting allowable business expenses from the gross income of the business enterprise, farming, sale of blood, etc. Follow MAVERICS instructions in Volume X, Chapter 3 for self-employment income. Self-employment income may be received irregularly or on a regular basis and is handled as follows: • Self-employment income which represents the family s annual support will normally be averaged over a 12 month period, regardless of whether or not the income is received monthly or less often than monthly. MISSISSIPPI [ INCOME: EARNED INCOME ]

Revised 11 - 01 - 11

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• Normally self-employment income and expenses from the past year are counted for the current year. If the averaged amount does not accurately reflect the family s actual circumstances because the family has experienced a substantial increase or decrease in business, such as a change in the type of farm operation or the amount of land farmed, crop failure or a substantial change in market prices, etc., the self-employment income shall be calculated on anticipated earnings rather than the basis of prior income.

4105 Volume III | Chapter 4 MISSISSIPPI [INCOME: EARNED INCOME] Revised 11-01-11

Exceptions to Averaging Income 1. If an assistance unit's self-employment enterprise has been in existence for less than a year, the income from the self-employment enterprise shall be averaged over the period of time the business has been in operation, and the monthly amount projected for the coming year. However, if the business has been in operation for such a short time that there is insufficient data to make a reasonable projection, the assistance unit should be approved for up to 6 months until the business has been in operation long enough to determine anticipated income. 2. Self-employment income which is intended to meet the assistance unit's needs for only part of the year shall be averaged over the period of time the income is intended to cover. Selfemployed vendors, for example, who work only in the summer and supplement their income from other sources during the balance of the year shall have their self-employment income averaged over the summer months rather than a 12-month period. In an effort to determine the period of time for which self-employment income is intended to support an assistance unit, other factors, in addition to the client s own statement, would have to be examined and evaluated. Such factors would include, but would not be limited to, previous year's business and personal expenses, tax records, anticipated expenses for the current year, income received from other sources during the previous year, income expected to be received from other sources during the coming year, etc. Such factors, when compared with the income from seasonal self-employment, would provide a basis for making a determination as to how long the income is intended to support the assistance unit. For example, if the previous year's expenses were proportionate to the income from self-employment, it could be an indication that the income would sustain the assistance unit for a year; therefore, the income could be averaged. If expenses were not proportionate with the income, it could be assumed that such income could not sustain the family for a year; therefore, income would be averaged over the period of time for which such income is received. Determining Net Self-employment Income

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For the period of time over which self-employment income is determined, the EW shall add all gross self-employment income (including capital gains), exclude the cost of producing the selfemployment income, and divide the balance by the number of months over which the income will be averaged. For those TANF cases whose self-employment income is not averaged but is instead calculated on an anticipated basis, the EW shall add any capital gains the family anticipates it will receive in the next 12 months, starting with the date the application is filed, and divide this amount by 12. This amount shall be used in successive certification periods during the next 12 months, except that a new average monthly amount shall be calculated over this 12 month period if the amount of anticipated capital gains changes. The EW shall then add the anticipated monthly amount of capital gains to the anticipated monthly self-employment income, and subtract the cost of producing the self-employment income. The cost of producing the self-employment income shall be calculated by anticipating the monthly allowable costs of producing the self-employment income.

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Expenses must always be handled the same as the self-employment income to which they apply, i.e. annualize expenses if income is averaged, average expenses over the period of time they are intended to cover if income is averaged over the period of time it is intended to cover and count expenses in the month billed if income is counted in the month received. To be allowed as a business expense, the expense must be incurred in producing the selfemployment income and must be reasonably attributed to the production of the income. Thus, business expenses reasonably attributed to the production of income can be deducted when verified or documented from a source which adequately establishes the amount of the expense. The types of business expenses will vary with the kinds of business enterprises. The worker will have to use his knowledge of business enterprises in the community. Questions on the reasonableness of business expenses may be referred through normal channels to the Economic Assistance Policy Unit, if necessary. These business expense items are not allowable deductions: 1. Amounts for depreciation since these amounts represent a decrease in the value of the asset for wear and use and are not a real financial cost. 2. Mortgage costs. 3. Payments on fixed assets or durable goods. 4. Personal business and entertainment expenses, including personal transportation expenses, Federal, State, and local income taxes; money set aside for retirement purposes. MISSISSIPPI [ INCOME: EARNED INCOME]

Revised 11 - 01 - 11

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5. Repayment of the principal of a bank loan. 6. Net losses from previous periods 7. Charitable contributions allowed as a deduction for tax purposes. Costs of Producing Income Costs are allowed when they are billed or otherwise become due. When the income is averaged, only expenses billed or otherwise due in the current 12-month period are allowed. Costs that were billed or otherwise became due in a prior year which are not expected to recur in the current year may not be brought forward to the current year regardless of when they are paid. Allowable Costs Allowable costs of producing self-employment income include but are not limited to: 1. Identifiable costs of labor, stock, raw material, supplies, seed, plants, fertilizer and lime; 2. The interest portion of (a) payments on business or operating loans and (b) payments on

MISSISSIPPI [INCOME: EARNED INCOME]

4107 Volume III | Chapter 4 Revised 11-01-11

income-producing real estate and capital assets such as equipment, machinery and other durable goods; 3. Insurance premiums (such as insurance coverage for machinery equipment, storage buildings, pulpwood trucks or other work vehicles, etc.); 4. Taxes paid on income-producing property; 5. Privilege taxes such as licensing fees and gross receipts and general excise taxes that must be paid in order to earn self-employment income; 6. Business transportation costs such as costs of carrying grain to an elevator, trips to obtain needed supplies, etc. or travel and lodging (but not meals) away from home for a selfemployed salesperson if necessary for the employment operation; 7. Rental payments on income-producing equipment. If a farmer is renting equipment with an option to buy, the rent payments are allowed until the purchase is made; 8. Costs of repairs and maintenance of equipment; and

9. Storage and warehousing charges. It is reasonable to expect that a person who is self-employed will have documents available to verify his business expenses. For the applicant or recipient who is self-employed and has no records documenting his business expenses, follow these procedures:

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1. Assist the applicant or recipient to make the best possible estimate of gross earnings and expenses. 2. Inform the applicant or recipient engaged in self-employment for which standards cannot be set that, for future eligibility determinations, he must keep and submit an account of income and expenses. Document the case record that the explanation was made. 3. When the recipient fails to provide the necessary information at the requested time after he has been given the opportunity to keep records of income and expenses, notify the Recipient that his eligibility on financial factors cannot be determined and his case will be closed. FARM INCOME Farm income, a type of self-employment, is obtained from the sale of crops. Money received from the sale of livestock shall be computed separately. Farm income is usually received annually and represents that net sum that the farmer will have to live on for the coming year. It is determined by deducting the costs of producing the crop from the proceeds of the crop. A farm operator is an individual who produces farm income on land which he owns, is buying, rents, or has an agreement with a landowner and receives a share of the crop.

MISSISSIPPI [INCOME: EARNED INCOME] Revised 11-01-11

The net self-employment income shall be added to any other earned income received by the family. The total earned income less appropriate work allowance and dependent care expenses shall be added to the family s earned income. Period for Determining Farm Income The period for which farm income is to be determined shall be that period beginning with the crop settlement time in the current year and ending with crop settlement time in the next year. This way the major portion of the net income from farming is in the individual s hands and will usually be his total income for the year to come. For applicants that apply at other than settlement time and expect to continue farming in about the same way as in the past, determine the usual farm income and prorate over the 12-month period. When discussion with the applicant shows that he cannot continue farming on the same basis as in the past, make a short term budget. Include in the budget whatever income is currently available for the months until the crop is settled. If any income is on hand from the previous crop year, consider this as a resource. For the individual who has discontinued farming, consider any cash on hand as a resource. Farm machinery and equipment essential to the self-employment of a household member engaged in farming shall continue to be excluded from resources for one year from the date the household member terminates his/her self-employment from farming.

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Consideration of Loans Obtained for Farming Operations The farmer may obtain credit or loans for the farming operation from banks, landlords, Farmer s Home Administration or other services and payments through the United States Department of Agriculture (USDA). The basic policy with regard to loans of any kind is that the loan cannot be regarded as income or as a resource when it is not available for current maintenance. Determining Farm Income The county Consolidated Farm Service Agency is the USDA umbrella agency that handles most of the programs that provide income to farmers. There are many different programs included And programs and funding can change from year to year according to Congressional appropriations, crop disasters and other factors. Programs handled by the Consolidated Farm Service Agency to provide income to farmers include: • Production Flexibility Contract Program (PFC) - payment is based on contracted acres • Loan Deficiency Payment (LDP) - income guarantee • Conservation Reserve Program (CRP) - land rented to government not to plant crops or to plant trees • Crop Disaster Program (CDP) - declared by the President • Loss payment for crop failure

4109 Volume III | Chapter 4 MISSISSIPPI [INCOME: EARNED INCOME] Revised:11-01-11

Non-insured program payments NOTE: Federal Crop Insurance is handled by a separate USDA office. When farm income must be verified through the county Consolidated Farm Service Agency, simply request verification of all government payments made to the individual through that office rather than requesting specific known programs. This general request will allow that office to verify all farm-related income, including designated sharecropper arrangements. Farm income is computed by deducting the expenses of production from the gross income received from the sale of the crop. The net income is divided by 12 to arrive at the average monthly income. If more than one assistance group is included in the farming operation, then the net income must be shared with those working members. There may be persons working in the farming operation that are not included in the assistance group, such as an adult son. Discussion with the family will determine the method of division. Deductible Expenses

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The items listed below are those which are required in the production of crops and are to be allowed after verification is received of the gross proceeds. 1. Seed, fertilizer, and chemicals for insect control and/or soil treatment. 2. Hired labor not to exceed the average local wages for farm day labor. 3. Machinery hire not to exceed the average local rate for such rental. 4. Feed and veterinary expense for work stock used in the production of the crop. Such expense is not allowable for animals not used in the crop. 5. Gas and oil for machinery used in the production of the crop. 6. The purchase and/or repair of small tools and equipment such as rakes, hoes, plow, etc. Repair of large machinery, such as a tractor, can be included in this item, but the purchase of expensive farm machinery cannot be deducted. 7. The interest paid on the crop loan or credit account for the current year. 8. The cash rental paid for the use of the land or the value of the percentage of the crop given in lieu of a cash payment. 9. The net loss on the crop for the previous year. It will have to be repaid from the proceeds of the completed crop if the same farming arrangements have continued. If the farmer has moved, did not repay the loss on the previous crop and his source of credit suffered the loss, then the loss was not his and no deduction can be made.

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MISSISSIPPI [INCOME: EARNED INCOME] Revised 05-01-06

EARNED INCOME TAX CREDIT The Earned Income Tax Credit (EITC) is a refundable tax credit for families and dependent children. EITC payments are received either monthly, as advance payments through the employer, annually (as a refund from IRS), or both. EITC payments are disregarded as income in the determination of eligibility and the amount of TANF benefits. EARNED INCOME OF STUDENTS UNDER AGE 18 The earned income of children who are members of the assistance unit, who are students at least half-time, and who have not attained their eighteenth birthday, will be totally disregarded. The dependent child may be a full-time student or a part-time student but not a full-time employee who

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is not attending school at least half-time. The exclusion shall continue to apply during temporary interruptions in school attendance due to semester or vacation breaks, provided the child s enrollment will resume following the break. If the child s earnings or amount of work performed cannot be differentiated from that of other members of the Assistance Unit, the total earnings shall be prorated equally among the working members and the child s pro rata share excluded. Individuals are considered children for purposes of this provision if they are dependent children under age 18 in the TANF case. This does not apply to the minor parent payee. OTHER TYPES OF EARNED INCOME TANF Work Program Do not consider payments made for activities in connection with the TANF Work Program (TWP) and self-initiated education and training as income. When a person in a TANF budget participates in the TWP, he may receive reimbursements for (1) child care; (2) transportation and (3) stipends. Disregard these payments during the period in which this person is in this training program. These supportive services payments will be disregarded as income and child care will not be shown as employment expense. When a TWP participant has completed the training program and obtained unsubsidized employment, consider his earnings as regular earned income unless he is eligible for income disregards. See Chapter 6, General Principles. INCOME FROM FEDERAL ACTS AND SPECIAL PROJECTS Workforce Investment Act (WIA) Opportunities for training and permanent private sector employment through the WIA program are available through the local employment offices across the state. TWP participants may be assigned to WIA training opportunities, and in these instances, any income received will be considered in accordance with the procedures set out below for WIA. Under the WIA program, there are two types of training which the WIA participant may receive. To handle the payments under the program properly, the worker must determine the type of payment which the participant is receiving and handle in accordance with the policy below: 1. Institutional training allowances: A person entering WIA institutional training whose needs or income are considered in determining a TANF grant may receive a weekly needs

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based payment for child care for children under six years old.

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MISSISSIPPI [INCOME: EARNED INCOME] Revised 01-01-10

The needs based payment is disregarded completely in computing the TANF grant. 2. On-the-job training receiving salary: When the WIA participant is engaging in on-the-job training, the employer is paying his regular salary. In this instance, disregard the income earned by a dependent child, but treat the wages of a payee over age 18 as any regular earned income. No needs based payments are made in on-the-job training. Job Corps The purpose of Job Corps is to provide intensive programs of education, vocational training, work experience, counseling, and other activities to economically disadvantaged youth between the ages 16 and 22. Any earned income and allowance from Job Corps will be treated as the WIA payments above. National and Community Services Act (AmeriCorps) Allowances and payments to individuals participating in programs administered under the National and Community Service Act of 1990 (NCSA) are generally treated the same as from programs under WIA. AmeriCorps includes a new movement to engage Americans in a year or two of national service in exchange for an education award of $4,725 per year of completed service. NCSA programs are numerous and vary by state. Some of the Mississippi programs include: • AmeriCorps USA - (for participants 17 years and older) • AmeriCorps VISTA - (for participants 18 years and older) • AmeriCorps NCCC - (16 to 24 years of age) • Delta Service Corps America Reads The living allowance (stipend) will be totally disregarded as income for TANF. The earned income of a dependent child must be totally disregarded if the child is a full-time student, or the child is a part-time student who is not employed full-time. Work Experience and Training Programs Operated by the Choctaw Indian Tribe The Mississippi Band of Choctaw Indians operates a tribal work experience and training program and certain WIA programs in addition to the Native Employment Works (NEW) Program to which tribal TANF recipients are referred. In order to obtain information about a particular client in one of these programs, contact the Tribal Office. The Tribal Office can verify the source of the program funding, therefore determining if the income is to be included or excluded.

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4112 Volume III | Chapter 4

GENERAL INFORMATION Payments from benefits, pensions, and compensations must be considered in determining financial need and amount of payment. These payments are usually received monthly or weekly and are continuous. However, some benefits are received for short periods. Also, some persons are entitled to and receive retroactive payments for past periods. The eligibility worker is responsible for keeping relatively well informed of the general eligibility requirements for each type of benefit in order to be able to evaluate the information given by the applicant. An applicant or member of the family who appears to be potentially eligible for a benefit will be required to apply for it. If he/she refuses, the individual cannot be considered needy as this raises a question as to complete information on income. Temporary Assistance for Needy Families cannot be granted to a family when a legal parent in the home refuses to apply for a possible benefit. Exceptions: (a) individuals who are eligible for both TANF and SSI have the right to choose TANF and (b) pensioners receiving the reduced Veterans Administration pensions are not required to reapply for the improved pension. For persons who are willing to apply for a possible benefit, the worker will assist the person, secure verification, and set up a tickler to check on the results of the claim. A family will be eligible for assistance while the claim is being processed provided they meet all other eligibility requirements. It is not possible to list all potential sources of income, benefits, pensions, or compensations and the methods of verification; however, the following material contains information regarding the most common ones. SOCIAL SECURITY BENEFITS - RETIREMENT, SURVIVORS, AND DISABILITY INSURANCE (RSDI) This program is administered by the Social Security Administration for the purpose of providing workers and their families with a partial replacement of loss of income due to retirement, disability, or death of the worker and with certain types of medical care. The amount of the payment made to the worker or his dependents is based on the wages which the worker received and the amount of social security taxes paid before he retired, became disabled, or died. In some instances this employment includes military service and employment with the railroads.

Volume III | Chapter 4 4200 MISSISSIPPI [ INCOME: UNEARNED INCOME ] Revised 05 - 01 - 06

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14. Individuals with little or no income who were age 72 before 1968 and had no employment record covered by Social Security and persons who became 72 after 1968 who had very limited covered employment. These benefits are called the "Prouty Benefit". NOTE: These guidelines should be used in identifying persons who appear potentially eligible and thus referred to the Social Security Administration to make application. SUPPLEMENTAL SECURITY INCOME (SSI) The Supplemental Security Income program is administered by the Social Security Administration. The purpose of the SSI program is to insure that all aged, blind and disabled individuals have sufficient income to meet their basic maintenance. The amount of the SSI payment varies with the amount of other income the individual has for basic maintenance. This income is measured against a standard amount after allowing certain disregards. When a person meets all of the requirements, a monthly payment is issued to him from the United States Treasury. Receipt of SSI also entitles the recipient to Medicaid. NOTE: Individuals may qualify for both Social Security and SSI benefits. The general requirements for the SSI program are stated below. These should be used as guidelines in identifying persons who appear potentially eligible and thus referred to make application for SSI. 1. Be an adult who is aged, blind, or disabled, or a minor child who is blind or disabled. 2. Be a United States citizen or a qualified alien. 3. Have resources within the maximum allowable. 4. Have income not in excess of the standard payment amount after appropriate disregards. 5. For a blind or disabled minor living with his parents, the income of his parents is considered. When working with an individual who appears potentially eligible for SSI, the worker will:

1. Discuss the program and potential eligibility. Include in the explanation a discussion of the choice involved when the individual is also eligible for TANF, or is the parent or other grantee relative of eligible TANF children. 2. When the applicant expresses interest, explain that claims are filed for SSI at the branch or district social security office and ask him to contact that office about filing a claim. When assistance is being given through the TANF program, ask the person to notify the county department as soon as a decision is received. 3. Respond promptly when the Social Security Administration requests the difference between the TANF grant including the SSI eligible individual and the TANF grant that would have been paid without the needs and income of the SSI individual. MISSISSIPPI [ INCOME: UNEARNED INCOME ]

Revised 03 - 01 - 08

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4. Promptly remove the person from the TANF budget when he is approved for the SSI payment. 5. Remember that an individual retains his SSI status even though his SSI check is being held for repayment purposes. SSA/SSI VERIFICATIONS The Social Security Administration furnishes the Agency with information regarding benefits. This is done with the understanding that it will be used to determine eligibility and will not be disclosed to any other organization or person. MAVERICS processes for requesting and receiving this information include the Wire Third Party Query Process or WTPQ, the on-line SSI inquiry and the IEVS match worker alerts. See the Income Eligibility and Verification System procedure later in this chapter. Wire Third Party Query The Wire Third Party Query Process (WTPQ) is a MAVERICS on-line procedure to verify Social Security and SSI information on applicants and recipients. The response provides current benefits, state buy-in status and payment history. The query process is required for all individuals at application, recertification, when a new person (other than newborns) is added to the assistance unit or when there is a question about SSA/SSI benefits. The WTPQ process will provide a message when the SSN is in error or when no benefits are paid. The query can be sent as soon as the SSN is known for the household member during the application process, even prior to the person being added to a specific MAVERICS case.

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4203 Volume III | Chapter 4 Revised 05-01-06

Although a worker alert will not appear when the WTPQ response is received, the response will identify the case in which the individual resides if the individual is known to MAVERICS. In some cases, this number could be different from the current application, such as the person has previously participated in a closed case or is currently in an active case. Any discrepancies must be resolved before any person can be added to the application and the case worked. The worker must access the Wire Third Party Query (WTPQ) screen (Function 10 on INME) and enter the SSN and/or Social Security claim number if other than client's own SSN. If client is receiving benefits on a claim number other than his own SSN, the second SSN associated with benefits will display in the lower right corner of the screen on page 3 of the WTPQ Response screen. In some cases, a second WTPQ request may be needed to verify both benefits. When appointment notices are sent via the Recertification/Redetermination Appointment Notice (RERA) screen, the query process is automatically generated for all current household members. Should new members be added to the household at redetermination, the query process for each new member must be initiated through INME. Refer to MAVERICS procedures for the Wire Third Party Query Process to send and receive requests. If the individual is not known to MAVERICS when the SSN is entered on the WTPQ screen, the worker must also enter the person's name and date of birth to send the query. SSI Inquiry

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The MAVERICS system also has an SSI inquiry function. In order to complete the SSI inquiry on line the worker will choose function 11 from the Inquiry Menu (INME). The system will also require the case number. Then on the inquiry screen, the worker will enter the SSN of the person for whom information is needed. Once the enter key is pressed, the information will then be displayed immediately. UNEMPLOYMENT COMPENSATION Unemployment compensation provides weekly payments to qualified workers who have been employed in jobs which are covered by the state law for such benefits and who have been laid off or have lost their jobs through no fault of their own. The program is administered by the Mississippi Department of Employment Security (MDES). Any client who has lost a job is covered by such benefits. Further, he will be required to cooperate in securing verification of potential receipt of benefits. The individual may be able to furnish benefit determination forms which are issued to him by Employment Security. If a claimant is eligible, he will normally receive his first payment within

MISSISSIPPI [INCOME: UNEARNED INCOME]

Revised 05-01-06 three weeks of the filing date. The gross amount of the check is used in the budget including any amounts deducted to pay claims for Intentional Program Violations. An IEVS alert will be generated in MAVERICS when an individual s Social Security Number matches with the Mississippi Department of Employment Security. Unemployment benefit information can be obtained from this match. The IEVS does not show deductions such as child support, it reflects the gross amount. Unemployment compensation is terminated when the accrued benefits have been received. Also, benefits are terminated when a person returns to regular employment. Note: An individual is allowed to work part-time and receive unemployment benefits. TRADE ADJUSTMENT ASSISTANCE Trade Adjustment Assistance (TAA) is available to workers who lost their jobs or whose hours of work and wages are reduced as a result of increased imports. TAA includes a variety of benefits and reemployment services to help unemployed workers prepare for and obtain suitable employment. Workers may be eligible for training, a job search allowance, a relocation allowance, and other reemployment services. A petition must be filed with the Office of TAA to establish group eligibility for TAA services. Petitions may be filed by a group of three or more workers, their union, or an authorized representative. A fact-finding investigation will be conducted and if increased imports contributed to job reductions in the company, the Labor Department certifies the affected group of workers as eligible to apply for TAA. The certification will contain an Impact Date, which is a date of up to one year prior to the date of the petition. The life of the certification is 2 years from the date of issuance unless terminated earlier. To be eligible for TAA benefits and reemployment services an individual must: • Be covered by certification • Have a qualifying separation from an adversely affected employer

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• Have been laid off or put on a reduced work schedule on or after the Impact Date and before the ending date of the certification. A reduced work schedule occurs when hours of work are reduced to 80 percent or less of the individual s average weekly hours and wages are reduced to 80 percent or less of the individual s average weekly wage.

TRADE READJUSTMENT ASSISTANCE In addition to the Trade Adjustment Assistance, a weekly Trade Readjustment Allowance (TRA) may be payable to eligible workers following their exhaustion of unemployment benefits. The weekly amount of TRA is the same as the unemployment insurance weekly benefits amount received after the first qualifying separation. To qualify for TRA benefits an individual must: Be covered by a certification Be totally separated from employment, due to lack of work in adversely affected employment, on or after the Impact Date and before the ending date of the certification Have worked at least 26 weeks at wages of $30 or more a week in adversely affected employment with a single firm or subdivision in the 52-week period ending with separation Have been entitled to and have exhausted all rights to unemployment insurance benefits Meet the same weekly work test applicable to claimants for extended unemployment insurance benefits, including actively seeking, applying for and accepting work within their capabilities Be enrolled in or have completed an approved training program TRA Verification TRA verification is not available from MDES through the regular IEVS unemployment benefit match and alert process. The federal TRA payments are handled separately by MDES and can only be verified by a manual request to MDES when the applicant/recipient cannot provide this information. TAA/TRA Verification Request Form MDHS-EA-913, TAA/TRA Verification Request, should be sent to MDES at application, regular review, or whenever a change is reported or becomes known that would indicate possible entitlement to TRA. The worker will not send this request to MDES unless there is reason to believe that the person may be receiving or could be entitled to TRA and the benefits cannot be verified by the client s notice and check stubs.

WORKERS' COMPENSATION MISSISSIPPI [ INCOME: UNEARNED INCOME]

Revised 05 - 01 - 06 MISSISSIPPI [ INCOME: UNEARNED INCOME ]

Revised 11 - 01 - 11

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The Workers Compensation Act provides for benefits in the form of compensation for disability or death of an employee from an injury arising out of and in the course of his employment, regardless of the cause of the injury. Death benefits are payable to dependent survivors who are the responsibility of the workman prior to the injury. All employers who have in their service five or more workmen regularly in the same business or in or about the same establishment under any contract of hire, expressed or implied, are required to obtain coverage under the Worker's Compensation Act. There are certain excluded employers who are not required to obtain coverage under the Act, but these may elect to obtain coverage if they wish. Worker s compensation payments would be counted as unearned income for TANF. This income would then need to be coded on the UNIN screen in MAVERICS as "SK". This will count the income in the Food Stamp and TANF budgets. For information on persons who appear eligible for these benefits, write to the Workers Compensation Commission, Attention: Commission Secretary, P. O. Box 5300, Jackson, Mississippi 39296-5300. SEVERANCE PAY Severance pay is considered unearned income. This is not to be confused with wages and salaries after employment ends (for example, the last pay check) which is considered earned income. RAILROAD RETIREMENT BENEFITS Employees covered by these benefits are those persons employed by all railroads engaged in interstate commerce, including the Railroad Express Agency, the Pullman Company, the railroad associations, and the railroad labor organizations. Benefits cover major wage-loss situations: death, age, disability, unemployment, sickness, and maternity. Benefits are available for regular railroad employees retiring with at least 10 years of service.

Information concerning benefits can be obtained by writing or faxing the office listed below. Also, persons wishing to apply for or discuss benefits should write to the office listed below to arrange an interview. Railroad Retirement Board 500 Poydras Street Suite 1045 New Orleans, LA 70130 Phone (877) 772-5772 Fax (504) 589-4899 MISSISSIPPI TEACHERS' RETIREMENT MISSISSIPPI [ INCOME: UNEARNED INCOME ] Revised 10 - 01 - 14

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If an individual cannot furnish satisfactory evidence of the non-receipt or the amount of a benefit, it will be necessary for the worker to write the Public Employees' Retirement System, 429 Mississippi Street PERS Building, Jackson, MS 39201 for verification. MISSISSIPPI PUBLIC EMPLOYEES' RETIREMENT BENEFITS State retirement benefits are based on length of service and salary. The address for verification of benefit status is the same as that previously mentioned. VETERANS BENEFITS These benefits are available to those persons who, by reason of 90 days of active duty in the United States Army, Navy, Marine Corps, Air Force, or Coast Guard (in wartime only) are termed veterans. Benefits are also available to their dependents and dependent survivors. Benefits for veterans are administered by the Veterans' Administration (VA). Veterans Benefits can be accessed through the INIM Screen, Function 5 “PARIS VA”. The PARIS VETERAN MATCH (PRVA) screen provides information on a SNAP and /or TANF applicant/recipient who, based on the Social Security Number (SSN) submitted to PARIS, is receiving Veteran’s Benefits. The information will be requested quarterly and the file is processed on the 15th of March, June, September and December. This is an overnight batch process and the file is available in MAVERICS, the next working day after the 15th of each quarter. This inquiry should be performed for each household member at application, reapplication, reevaluation, and when a new household member (other than a new born) is added to the

Volume III | Chapter 4

Assistance Unit. This data is not considered verified upon receipt. Upon review of the data, if there are any discrepancies, the worker may request the client to provide verification or contact the Veterans Administration to verify VA benefits received. The worker must document IIDO behind the UNIN screen in MAVERICS regarding VA income and any discrepancies. If a call is required, the worker must provide his/her name, job title, county office name, the VA recipient’s claim number or the Veterans name and social security number. The VA has a toll free line and can usually give instant information concerning the status of a claim or the amount of payment. As long as the information is for the veteran's benefit, the VA will provide this information to the Agency. A veteran may also use this number to check on his claim or change his/her address. The toll free line for all areas in Mississippi is: 1- 800-827-1000. Although the VA prefers the above method, the county may send a written individual request for each person to the Veterans Affairs Division of the Veterans Administration, 1600 E Woodrow Wilson Drive, Jackson, MS 39216. It is not necessary to have the written permission of the veteran to obtain the information. The request from the county, whether by phone or in writing, should contain as much of the following information as possible: 4208 MISSISSIPPI [ INCOME: UNEARNED INCOME ]

Revised 10 - 01 - 14

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1. The full name and address of the veteran. 2. The branch of military service and service number. 3. The claim number if filed for any kind of benefits. 4. Date and place of enlistment, and date and place of discharge. Information will also be furnished concerning benefits for survivors of veterans. Requests for information on these persons should include the above and the date of death of the veteran, the dependent's full name and address, and relationship to the veteran. The range of veterans payments and benefits vary. Details regarding these payments can be found in the VA booklet, "Federal Benefits for Veterans and Dependents", which is updated periodically and may be obtained from the Veterans Administration. Please Refer to Volume X Chapter 10 for a list of definitions. Listed below are the types of benefits that might affect eligibility or the amount of payment for TANF families.

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1. Payments for disability (either service or non-service connected). 2. Payments to widows and minor orphans of veterans who have died from service-connected or non-service-connected disabilities. 3. Compensation for death during wartime while on active duty, to widows, minor orphans, or dependent surviving parents. 4. Insurance payments for death during wartime while on active duty to the beneficiary designated by the service person. Many parents receive insurance benefits for wartime casualties because the service person failed to change his/her beneficiary when he/she married. 5. 6. Disability compensation to any veteran who is age 65. These persons will probably qualify for a non-service-connected payment and will be required to file claims. These Veterans are entitled to a pension when their yearly income is less than a set amount. 7. Allowances are available for dependents of veterans whose service-connected disabilities are rated at 50% or more. 8. Money payments for education or training in a trade. Eligibility ceases at the end of 10 years from the date of the veteran's release from active duty. 9. An increased compensation allowance for a veteran who is disabled and meets the requirements for an aid and attendance (AA) allowance. This is added to the amount of benefits which he/she will receive or is receiving and thus gives the veteran additional money. Therefore, the total amount of the veteran's check is income. This award is not based on MISSISSIPPI [ INCOME: UNEARNED INCOME ]

Revised 10 - 01 - 14

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whether or not the veteran actually employs someone to provide care. When a veteran is not physically or mentally able to receive and use his/her benefit, the VA may select a custodian to perform this service for the veteran and may designate a portion of the benefit to be used by the custodian for their expenses in carrying out the duties. Veterans benefits are not to be confused with retirement pay. These payments are received directly from the Finance Centers of the military establishments and are not under the jurisdiction of the Veterans Administration.

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ALLOWANCES AND ALLOTMENTS Service Allotments Allowances and allotments from non-custodial parents who are in the military service are considered support payments and treated as such. Any allotment from a stepparent in the military will be considered as any other unearned income in an assistance budget. The worker will explore with individuals who have specified relatives in the armed services the possibility of obtaining an allotment from the relative. Service men/women may also authorize allotments for individuals who are not eligible dependents. The entire amount of this type of allotment is deducted from the service person’s pay. While it is the responsibility of the service man/woman to make application for an allotment for his/her dependents, the dependents should ask them to do so if he/she does not. Should the service man/woman refuse to do so or for some reason is unable to make application for the allotment, his/her lawful spouse, a person who has custody of the their children or any dependent relative may file application for the allotment. The government defines those persons eligible for an allotment as "any dependent" of the service man/woman. The service may not provide a "notice of award" for verification. Therefore, it will be necessary to verify the amount received by seeing the check or by securing verification from the appropriate branch of service. Requests for application or information concerning allotments should be directed to the Veterans Affairs Division of the Veterans Administration, 1600 E Woodrow Wilson Drive, Jackson, MS 39216. INCOME FROM THE MISSISSIPPI BAND OF CHOCTAW INDIANS The following plan is in place between MDHS and the Mississippi Band of Choctaw Indians so that the two agencies may work together and avoid duplication of financial assistance: 3. The county Field Operations office will notify the Tribal Office when a member has been approved for TANF by sending a copy of the notice of approval and a copy of the TANF budget. The Tribal Office will terminate any general or emergency assistance being MISSISSIPPI [ INCOME: UNEARNED INCOME ] Revised 10 - 01 - 14

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provided. The Indian agency may continue to provide a supplement to the family. Consider this payment as one received from another relief-giving agency and totally disregard as income. However, the semi-annual cash payment usually distributed in July and December is not excluded. This income will be averaged over the period it is

Volume III | Chapter 4

intended to cover, i.e. 5 or 7 months, and counted as unearned income in the budget. NOTE: TANF adult recipients who reside on or near the Reservation who do not meet a work exemption are referred to the Native Employment Works (NEW) Program. See the provisions for this program in Chapter 3, Mississippi Band of Choctaw Indians, and Chapter 8, Exclusions. 2. Since a child 18 years of age or older cannot be included in the TANF money payment grant, the Choctaw Indian Agency may assist such child provided he remains in school. 3. Children who are in boarding schools in other states will have their needs met by the schools and will not be eligible for TANF while in these schools. If an Indian child is attending a boarding school in Mississippi, see Chapter 3, Living With Grantee Relative, Educational Training. 4. When a TANF redetermination results in a change in the grant, the county department will send to the Choctaw Indian Agency a copy of the notice sent to the client and a copy of the budget. NOTE: In order to prevent duplicate payments, TANF approvals and change authorizations should be completed as soon as possible and sent to the Tribal Office early in the month. INCOME FOR REHABILITATION PURPOSES The purpose of financial assistance provided by a vocational rehabilitation agency is to obtain retraining for work, and thus serves a different purpose than TANF. Therefore, these allowances are not considered a duplication of assistance and do not have to be entered in the budget except as specified below after a stated period of time. Allowances which the rehabilitation agency makes are usually for room, board, clothing, personal incidentals and sometime include funds for books, tuition, fees, and transportation. A portion of the TANF grant is usually considered when determining the amount to be allowed. The worker will ask the counselor to state the amount which the other agency is providing and the purpose for which it is intended. The different plans which the rehabilitation agency makes are discussed below. Sheltered Workshops The Division of Vocational Rehabilitation has established a number of sheltered workshops throughout the State. Goodwill Industries has one in Jackson, and work activity centers for mentally retarded adults have been established under the Mental Health Program. For the first six months, a person training in one of these workshops is considered to be in training, even though he

4211 MISSISSIPPI [ INCOME: UNEARNED INCOME ]

Revised 10 - 01 - 14

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4212 Volume III | Chapter 4

may be on a production pay scale. Any income received by the trainee in the six-month training period is to be disregarded in the financial need income tests. After the six months' training period ends, even if the client continues training in the sheltered workshop, his earnings must be considered as earned income in the budgeting process. There may be extenuating circumstances in which the initial six-month training period might be interrupted. Such interruptions may be a result of illness or injury. These situations must be clearly documented in the case record. On-the-Job-Training On-the-job-training consists of placements in private industry or in a public agency for a specified job. The trainee's income is to be disregarded for six months, as this is the training period. Educational Placements Vocational Rehabilitation will sometimes place a person in an educational setting for a recognized course as a part of the rehabilitation plan. These placements may include undergraduate college or university, business schools, technical or vocational schools and rehabilitation centers. In rare instances the rehabilitation agency may send a client to another state for services. When a client is sent to a center in another state, he will continue eligibility only when he does not establish residence in the other state and apply for assistance there. SUPPORT FROM NON-CUSTODIAL PARENT OF TANF CHILDREN Any time that children are deprived due to the continued absence of a parent, there is the possibility of income from the non-custodial parent and this must be explored. This income may be in the form of court ordered child support, spousal support, or voluntary contributions in cash or in-kind. In-kind contributions are not considered in determining eligibility or amount of payment. The worker will determine and document the absence or presence of income from the absent parent. Examples of documentation are: 1. The payee may be able to furnish the non-custodial parent's personal checks or money orders when they come. He/She may be able to show tickets from stores in the community where the non-custodial parent has established credit, or the records may be available in METSS when the support payments have been made through the IV-D office. The payee should be able to provide the address or telephone number of the non-custodial parent so he/she can be contacted and a statement obtained concerning the amount of income he/she is providing the child(ren).

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4213 MISSISSIPPI [ INCOME: UNEARNED INCOME ] Revised 10 - 01 - 14 MISSISSIPPI [ INCOME: UNEARNED INCOME ] Revised 10 - 01 - 14

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2. The fact that the payee has not been able to pay expenses and has had to borrow money or allow bills to remain unpaid because of lack of income may substantiate the fact that the noncustodial parent is not providing for the child(ren). When the payee can give a logical account of how he/she has been able to manage without income from the non-custodial parent, then the fact of no income from the non-custodial parent will be substantiated. NOTE: Child Support Enforcement is required to recover from support collections all possible TANF money paid out as TANF cash assistance. See Chapter 3, Recovery of TANF Payments, for further discussion. Child support payments must be turned in to the Child Support Office beginning with the first payment received by the individual after notification of TANF approval. See Chapter 3, Assignment of Rights to Support, for further discussion. Budgeting Principles and Procedures See Chapter 6, TANF Grant Payment When Child Support Payments Involved, for detailed budgeting principles and procedures. BENEFITS FROM INSURANCE POLICIES Because of the difference in insurance policies covering illness, accident, disability, hospitalization, and doctor bills, it is necessary that the worker establish the kind of insurance an applicant has and distinguish between regular disability payments and small unpredictable amounts paid. Also, the worker must distinguish between policies covering sickness or disability and those providing payment for hospital and doctor bills. This can usually be done by examining a policy, but a contact with the insurance company may be necessary. Please follow these procedures: 1. All sickness and accident benefit policies payable to the applicant which provide substantial monthly benefits for disability or provide benefits for periods of illness or accident must be considered potential sources of income. When benefits are paid to the applicant on a recurring basis, the amount must be entered in the budget as income. The premiums paid and the fees paid for a required physician's examination are deductible expenses. Small sick and accident policies which pay minimum amounts for short periods of time and which require a doctor's statement for each illness usually result in income which is negligible. The income from this kind of policy should be disregarded if it is under $30 per

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MISSISSIPPI

4250 Volume III | Chapter 4

INCOME AND ELIGIBILITY VERIFICATION SYSTEM (IEVS) Purpose The Income and Eligibility Verification System (IEVS) is a system which collects and exchanges income and resource data electronically from agencies such as Mississippi Department of Employment Security (MDES), Social Security Administration (SSA), and Internal Revenue Service (IRS) to be used in verifying eligibility for and the amount of TANF benefits for the eligible assistance unit. Due to safeguard restrictions of IRS data and certain SSA data, these matches are labeled as State Resource Data (SRD) and require special handling. This system meets the safeguard requirement of Section 1137 of the Social Security Act and the Department of Treasury. General Provisions Wage and benefit information shall be requested via IEVS from those agencies identified in the material entitled, Matches To Be Conducted. The method by which IEVS data is obtained is through computer matching, and the data obtained through this method will be provided to counties via IEVS alerts in the MAVERICS system, via the Interface Inquiry Menu (INIM) in MAVS, or, for matches with State Resource Data, Paper Alerts received as individual printouts. The key to each match is the individual’s social security number. Should an individual have more than one social security number, IEVS data will be requested on all social security numbers. (The worker can also inquire on SSA data to obtain SSI and RSDI information.) Matches to be Conducted Management Information Systems (MIS) will extract the social security numbers from the MAVERICS system and match against files of the cooperating agencies to produce information necessary for determining initial or ongoing eligibility. Prior to entering individual social security numbers in MAVERICS, IEVS data will not normally be available on applicants. The match on applicants will take place once the SSN has been entered in MAVERICS and periodically thereafter for recipients; therefore, SSNs for ALL members of the assistance unit must be entered in MAVERICS as soon as possible after receipt in the county office. For IEVS purposes, a new member will be treated as an applicant. The rationale for including children is to identify SSN errors and/or wages earned by adults and reported under the SSN of another. MISSISSIPPI INCOME: INCOME AND ELIGIBILITY VERIFICATION SYSTEM (IEVS)

Revised 09 - 01 - 10

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MISSISSIPPI

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INCOME: INCOME AND ELIGIBILITY VERIFICATION SYSTEM (IEVS)

Revised 04-01-13

IEVS SDX Match Data SDX is a tape provided by SSA to the Agency, and contains SSI as well as social security and other unearned benefits such as VA, Black Lung, Railroad Retirement and Mandatory State Supplement (MSS). The most current alert should provide the current SSI benefit level and be considered verified upon receipt. However, other benefit information, including social security, may not be current on SDX. SDX information is updated as received for other benefits but there may be some lag time before the information is received and can be entered into the system. The social security amount provided through SDX is the gross entitlement amount, i.e., the amount before deductions such as recoupment for any prior overpayment. For applicants, matches will be conducted at the next scheduled SDX processing cycle. Remember that SSI recipients are not included in the TANF Assistance Unit. For recipients, matches will be conducted monthly; however, after the initial match, alerts will be provided only when there is a change between data in MAVERICS and SDX. For additional information regarding MAVERICS screens, etc., please refer to Volume X, IEVS SDX MATCH DATA. MDHS-EA-975, IEVS State Resource Data IEVS State Resource Data (SRD) matches will help identify unreported income and/or resources. Be aware that the data will be at least 18 months old at the time of receipt. A match from SRD will not result in an on-line IEVS alert. A different procedure must be used for handling State Resource Data matches. All staff who need access to the SRD (paper) information must receive training on security procedures for the handling of this information and must receive written instructions with copies of the Internal Revenue Code relating to civil and criminal penalties for unauthorized disclosure of information. Each employee will sign the MDHS-EA-106 Security Awareness training form after the IEVS training, and it will be necessary to update this form yearly. New employees must be provided this security information and must sign the training acknowledgment form before they can have authorized access to SRD.

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MISSISSIPPI INCOME: INCOME AND ELIGIBILITY VERIFICATION SYSTEM (IEVS)

Revised 04-01-13 When there is a match from this source, form MDHS-EA-975, IEVS State Resource Data, will be generated to the policy unit. The worker must send the client the MAVERICS notice A905 or the MDHS-EA-942, Request for Information, stating that the Agency has information which may affect eligibility and benefit level for TANF which must be resolved. Regulations prohibit revealing the source of this data; it is permissible only to state that the information has become available from electronic data matches. Inform the client of specific information needed for providing the necessary verification for resolving the problem. Ongoing safeguard procedures for handling IEVS must be followed upon receipt in the policy unit of MDHS-EA975, IEVS State Resource Data and MDHSEA-978, SRD Transmittal and Report. NOTE: If any SRD paper alerts are received for combination (TANF and SNAP) cases, changes affecting the Supplemental Assistance Nutrition Program should be handled according to ongoing policy. IEVS Social Security Number Enumeration/Validation Match Data When the SSNs that are reported by the household are entered into MAVERICS, verification is accomplished through a monthly computer enumeration tape match with the Social Security Administration (SSA). The worker shall accept as verified an SSN which has been verified by another program participating in IEVS. The IEVS SSN Enum/Val Match Data on-line alert is created when the social security number (SSN) in MAVERICS cannot be validated by SSA. This type IEVS alert must be handled immediately, as the SSN is the basis for the IEVS match. Social Security numbers are unverified if an IEVS SSN Validation Match Data Alert is received. (See VOLUME X, MAVERICS Manual.) Social Security numbers may be unverified in the system because of unmatched data such as date of birth, race/sex or surnames. If an SSN Validation Match Data Alert is received, the worker shall check the case record to determine if data has been correctly entered into the system. If so, the worker shall, within 10 days, contact the assistance unit to determine if the information provided is correct and obtain the correct information of appropriate. If the assistance unit is unable to validate the SSN, the worker shall refer the individual to SSA by means of Form MDHS-EA-949, Referral for SSN Application, to correct the discrepancy. The client shall be allowed adequate time based on county access to a SSA office, to resolve the discrepancy. MDHS-EA-949 will be returned to the county office by SSA or the client may bring other documentation from the SSA office to show the resolution.

Revised 03-01-12

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MISSISSIPPI INCOME: INCOME AND ELIGIBILITY VERIFICATION SYSTEM (IEVS)

For additional information regarding MAVERICS, refer to Volume X, IEVS SSN ENUM/VAL MATCH DATA. IEVS ALERTS Discrepancies between client data in MAVERICS and data from SSA is transmitted to the eligibility worker via an IEVS alert in MAVERICS. This is an automatic alert generated in MAVERICS to notify the worker of an identified discrepancy between the MAVERICS automated case file and the interface or tape data from another agency. EXAMPLE: An IEVS BENDEX alert will be created when the RSDI income contained in the MAVERICS case does not match the information in the BENDEX file. The worker determines the action required as a result of the IEVS alert, takes the appropriate action, sends the appropriate notice(s) and resolves the alert on the applicable screen. Please refer to Volume X, IEVS ALERT and IEVS MATCH, for specifics in handling/resolving alerts. MAVERICS provides a method to track the status of IEVS match results to assure adherence to the requirement for action on IEVS data within the required time frame. The tracking system will maintain the status of the IEVS alert until such time as case action is taken or determination is made that the IEVS information does not affect the case. Due to strict confidentiality requirements, a match with STATE RESOURCE DATA (SRD) will generate paper Form MDHS-EA-975, IEVS STATE RESOURCE DATA, rather then an IEVS alert. See MAVERICS Volume X, IEVS STATE RESOURCE DATA. VERIFICATION Receipt of IEVS data does not replace the verification procedures used as part of the eligibility determination. The IEVS data supplements that verification since it pursues information provided by parties other than the household. Verified Upon Receipt The worker shall take action to terminate, deny, or reduce benefits based on information obtained through IEVS which is considered verified upon receipt when obtained from the agencies administering the programs. This information is: 3. Social security benefit information (BENDEX)

Revised 03-01-17 2. SSI benefit and death date information (SDX) However, if there is information that indicates the IEVS obtained information which would generally be considered verified upon receipt is questionable, that information shall be treated as unverified upon receipt as outlined below. In other words, if a county receives what is believed to

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INCOME: INCOME AND ELIGIBILITY MISSISSIPPI VERIFICATION SYSTEM (IEVS)

Revised 03-01-17

EXCEPTION: Except for unearned income information from State Resource Data, if a county has information which indicates that independent verification is not needed, such verification is not required. For example, if match data duplicates known and verified information in the case record, no further case action is required. ACTION ON MATCHES The worker must promptly initiate appropriate action on all matched data upon receipt. If IEVS data is received on a closed case, the worker will indicate on the form or appropriate MAVERICS screen that a notice is not required, but follow-up must be completed on potential claim situations. Action on Applicants If the IEVS information is received before the notice of decision is mailed to the applicant, the information shall be used in making the eligibility determination. However, a worker may not delay the eligibility determination solely to await verification of IEVS information which has been requested if other evidence establishes eligibility for assistance. Action on Applicants If IEVS data or independent verification is received after approval, the same procedure will be followed as for recipients. See Action on Recipients below. It is not required that IEVS data be pursued or used after an assistance unit is determined ineligible. There is no need to follow up on the data if no benefits were received. However, if the applicant has received benefits in the past, the IEVS data might reflect on overpayment, in which case appropriate action for a possible claim is required. When no action is required, the IEVS alert must be cleared with the appropriate code. See Volume X, IEVS MATCH. Action on Recipients The time frame for completing appropriate action on IEVS data is within 45 days of the date the Agency receives the data. This means that the 45-day time frame begins when MIS receives the computer tape, and that date will be reflected on all IEVS alert screens or printouts along with the date by which the case must be handled. The following steps must be accomplished within the 45day period. 1. Compare the match data against case record information.

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2. Identify new, discrepant or unverified facts. 3. Investigate and verify information where warranted. 4. Send the assistance unit the appropriate change or adverse action notice, or document the case record and/or appropriate IEVS screen regarding the decision not to send one. EXCEPTION: The 45-day timeliness standard may be waived on up to, but no more than, 20% of the matches, provided third party verification has been timely requested but has not been received. A timely request is one made early enough in the 45-day time frame to provide the third party adequate time to respond and to allow the worker time to take necessary action and send the appropriate notice within the allotted 45 days. In other words, the only acceptable “good cause” for failure to handle any match within 45 days is when the worker has timely requested and is awaiting verification from a third party regarding the IEVS data. No other reason constitutes good cause. EXAMPLE: A county receives 200 IEVS match forms with a “Tape Received” date of November 3. By December 18, the county must have completed, at a minimum, 160 of these matches and the remaining 40 are incomplete only because the worker has timely requested but not received information from third party sources. When there is a delay, the worker should follow up on earlier requests and may require the recipient to verify the information or to assist in obtaining verification from the third party. When requested information is received after the expiration of the 45-day period, the worker will act within guidelines and timeliness standards for acting upon reported changes or in conjunction with the next case action when such verification is not received, whichever is earlier. For appropriate handling and codes, please refer to Volume X, IEVS MATCH. MONITORING AND REPORTING IEVS ALERTS A tracking system for monitoring adherence to the IEVS requirements is mandatory. Management Information Systems (MIS) will immediately process the information received from Mississippi Department of Employment Security (MDES), Social Security Administration (SSA), and the State Resource Data (SRD). In addition, data must be collected in order to comply with the reporting requirements. The requirements will be handled as outlined below: INCOME: INCOME AND ELIGIBILITY

MISSISSIPPI VERIFICATION SYSTEM (IEVS)

4257 Volume III | Chapter 4

Revised 04-01-13 MISSISSIPPI INCOME: INCOME AND ELIGIBILITY VERIFICATION SYSTEM ( IEVS )

Revised 03 - 01 - 12

(volume-iii)(page-396)Page 396#

2. Upon receipt of the IEVS match sheet, the worker will handle according to policy outlined earlier in this material, notate the indicated action taken on the case or the fact that none was required, and route the form to the individual responsible for controlling MDHS-EA-978. The IEVS match sheet is not considered complete when verification has been requested but has not been received. It is only complete when the case is documented that an appropriate notice of action has been sent or is not necessary. 3. Because the worker needs to show “good cause” when the verification has been requested timely but has not been received, a method to notify the individual who is responsible for controlling MDHS-EA-978 must be developed by the policy unit. 4. Matches completed after the 45-day standard for any reason will be handled by posting the MDHS-EA-978. Form MDHS-EA-975 must be maintained in secure storage in the policy unit. SECURITY MEASURES One person must be designated in the policy unit to serve as the security person to handle MDHSEA-978 and MDHS-EA-975, and to be responsible for overseeing the day-to-day processing of these forms. It is recommended that this person be in a supervisory position. This individual will be responsible for such tasks as: the security of the forms, posting of the transmittal lists, maintaining the MDHS-EA-107, Authorized Access Listing and making sure each worker has appropriate awareness training for security and use of the forms. Locking containers/file cabinets should be used for storage of SRD transmittal lists and paper alerts when not in use. Only designated personnel should have access to the area. Such storage files/cabinets should be in a designated area located away from central office files and separate from client/public traffic. Personnel should also be aware that “lockable” rooms/cabinets containing communications and computer cabling equipment should be locked at all times and accessed only by authorized personnel. The policy unit will receive one of the individual paper alerts (MDHS-EA-975) and one of the transmittal sheets (MDHS-EA-978). None of this material may be filed in the case record. If this material should in error become commingled with other information or be filed in the case record, all of the record must then become a security item and filed in locked storage. Required retention time for the State Resource Data (IRS) is five (5) years for the MDHSEA-978, SRD Transmittal lists. When the individual SRD paper alerts have been worked, Volume III | Chapter 4 4259 MISSISSIPPI INCOME: INCOME AND ELIGIBILITY VERIFICATION SYSTEM (IEVS)

Revised 04 - 01 - 13

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including cases initially pended for requested information, and the transmittal list documented to show actions taken, the paper alerts (MDHS-EA-975) can be destroyed. The transmittal list must be signed and documented by the designated staff member of the policy unit to show when the alerts were destroyed, how these were destroyed (shredded, burned, etc.), and who did the destruction. Destruction by burning must be attended to assure complete destruction. Paper must be shredded to effect 5/16 inch wide or smaller strips with the paper inserted so that lines of print are perpendicular to the cutting line. Shredding along the printed line so that any material is still readable is strictly forbidden. Such destruction must be done by authorized agency personnel, or witnessed by such personnel, in order to ensure that no unauthorized access to SRD materials occurs. To ensure that all security measures are complete, State Operations is required to conduct an internal inspection of all SRD security procedures in the policy unit. This inspection should coincide with annual awareness/security training of policy unit staff conducted by the end of August each year. Unauthorized use of IRS information by any employee of the Mississippi Department of Human Services is considered a felony punishable upon conviction by a fine of up to $5,000 or imprisonment of up to five years, together with the cost of prosecution. Any persons who witness unauthorized inspection or disclosure of Federal Tax Information must report the discovery via email to EAAdmin@mdhs.ms.gov as soon as it is discovered. The Division will report all violations to the appropriate Special Agent-in-Charge, Treasury Inspector General for Tax Administration (TIGTA) and the Office of Safeguards within 24 hours. MAVERICS Reports For additional assistance in monitoring and tracking on-line IEVS alerts, MAVERICS produces Report No. IR02, IEVS REPORT FOR ALERTS DUE IN 45 DAYS, more commonly referred to as Aged Action Report HESIT510. This document should be used to report actions taken on IEVS alerts, as well as to serve as a tool in tracking TIMELY follow-up on IEVS data. For additional information regarding the AGED ACTION REPORT, refer to the MAVERICS Report Narratives and VOLUME X, INCOME AND ELIGIBILITY.

4260 Volume III | Chapter 4

MISSISSIPPI INCOME: INCOME AND ELIGIBILITY VERIFICATION SYSTEM (IEVS)

Revised 04 - 01 - 13

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DEFINITION OF A RESOURCE Resources that belong to parents or other needy caretakers and children in the TANF assistance unit may be retained within certain specified amounts, as a family need not be destitute in order to qualify for assistance. These resources are in addition to real property identified as the home and personal and household effects of limited value. These resources must be taken into consideration in determining the eligibility of all TANF assistance units. Consideration of all resources means that the presence of the resource must be established and a determination made as to the value of the resource. MAXIMUM ALLOWABLE RESOURCES The maximum amount of cash or cash assets which a TANF assistance unit may retain and be considered needy and therefore eligible is $2000. Ineligibility based on resources continues only as long as the value of resources retained exceeds the maximum, unless the assistance unit has been disqualified in accordance with the provisions outlined in Transfer of Resources, later in this chapter. The resources of the following individuals must be tested against the $2000 limit. 1. Child(ren) in the TANF case budgeted alone whose parent(s) receives SSI or are absent from the home. 2. TANF parent(s) budgeted alone due to the child(ren) in the case receiving SSI. 3. One or more children and one or both legal parents included in the budget. 4. One or more children and a grantee relative. When an individual has been determined needy and can be included in the budget, the total for the budget group cannot exceed $2000. 5. A TANF assistance unit consisting of a parent and his/her children and a stepparent. The maximum of $2000 applies to the cash assets of the parent and his/her children. Consider the following principles: a. Do not consider the resources of the stepparent available to the parent s children unless the stepparent makes them available. b. Consider one-half of the resources of the stepparent which he has

Revised 07-01-19 MISSISSIPPI [ RSOURCES: GENERAL ] Revised 07 - 01 - 19 Volume III | Chapter 5 5000 MISSISSIPPI [ RSOURCES: GENERAL ]

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Listed below are some of the types of assets commonly held by applicants or recipients. Calculate the net equity value by subtracting the legal debt, such as promissory notes, conditional sales contracts, deeds of trust, vendors liens or other similar legal papers from the fair market value. If a relative assumes payment on an asset and states that he has a claim against it, the relative must take a vendor s lien on the asset. If a debt is not secured by a legal document, the requirement to repay is subject to question and should be explored. To deduct the legal debt from the value there must be a requirement to repay. Automobiles and Other Vehicles Only certain vehicles, whether licensed or unlicensed, can be included in a household s resource determination. Countable vehicles are limited to recreational vehicles (unless used as the home), allterrain vehicles (ATVs) and other off-road vehicles. Industrial vehicles, i.e., heavy haulers, pulpwood trucks, etc., are countable resources unless used for income-producing purposes over 50 percent of the time, excluding temporary periods of unemployment, or the vehicle annually produces income consistent with its fair market value, even if used only on a seasonal basis. The equity value of these vehicles shall be applied toward the household s resources. Cash on Hand Cash on hand is an asset immediately available and must be considered as income or a resource. See below for making this distinction. Some examples include: cash resulting from the sale or disposal of an asset, down payments from the sale of personal property or real property other than the home, or the sale of oil rights, timber, equipment, or other assets. When the applicant or recipient says he has cash on his person, at home, or in another place not specified below, obtain his statement and signature to this effect for the case record. Cash on hand or available to the individual must be distinguished from annual, quarterly, monthly, or lump sum income. Resources are permitted to be retained within the maximum limit, while income must be considered in the budget. When cash is determined to be income, such as farm income which is received at one time during the year, the amount, when placed in the bank, may exceed the allowable resource limit. The money will be considered income for a period of one year from the date of receipt of the income. After the end of the year, any amount remaining becomes a resource.

Volume III | Chapter 5

Cash in Bank or Other Savings Institutions When the applicant or recipient says he has, or has had within the past year, or there are other clues that he has cash on hand or in a bank or other savings institution, request verification of the amount. He may use his bank statements for the year, if available, or any other document which will establish the amount currently on hand and in his possession during the year. If other documents are not available, the worker will use the MDHS-EA-912, Request for Information - Bank, Saving and Loan, Other Financial Institution, to verify cash in a bank or 5100 MISSISSIPPI [ RESOURCES: RESOURCES TO BE INCLUDED ]

Revised 04 - 01 - 10

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other savings institution. The worker will request that the individual provide a written or verbal statement regarding the contents of a safety deposit box. Consider the amount on deposit at the time of application or redetermination. NOTE: If the bank statement or account book shows that the individual customarily deposits his monthly income, deduct the amount of the current month s check that was deposited. The monthly income should be used in the budget. If the individual has a business enterprise, such as farming and customarily deposits loans to pay expenses, deduct these amounts. Follow the policy for allowing time for replacing or repairing a home, furniture or clothing. Funeral Arrangements A maximum equity value of $1500 is set on each funeral agreement and any additional equity should be counted as a resource. The $1500 maximum is set per individual in the TANF household. Gravel The sale and removal of gravel are a depletion of real property. When this is a one-time arrangement, the amount paid for the gravel is a resource. However, if the business arrangement is for the continuing removal and sale of gravel, this becomes a business enterprise and the payments are considered income. House Trailer or House Boat When the trailer or boat is not used as the home, it will be considered an asset available and tested against the maximum limit. Ask the individual to obtain the resale value from a dealer who has knowledge of such values, or if purchased within the year, obtain the purchase price from the bill of sale.

MISSISSIPPI [RESOURCES: RESOURCES TO BE INCLUDED]

5101 Volume III | Chapter 5 Revised 02-01-11

Joint Bank Accounts Joint bank accounts may be established in one name or more than one name with one or more signatures authorized to sign checks from the account. Under current Mississippi Law, a bank is not obligated to police withdrawals from accounts by authorized signatures. Therefore, when an individual s name is on an authorized signature card, that individual has full access to any and all funds in the account, regardless of the name on the account or who made the deposits. Funds in such accounts must be considered accessible in their entirety to each individual on the signature card and will be considered toward the maximum limit. Situations of this type must be explored and the case record documented accordingly. Unusual situations may occur which will need further inquiry and explanation with both the individual and the banking institution. These situations will also need thorough documentation in the case record. Jointly Owned Resources Resources owned jointly by the assistance unit and another household will be considered available

(volume-iii)(page-406)Page 406#

in their entirety to each household, unless the assistance unit can demonstrate that the resources are inaccessible to them. See Resources to be Excluded, later in this chapter, for details. If the assistance unit can demonstrate that it has access to only a portion of the resource, only that portion of the resource shall be counted toward the resource limit. Livestock Livestock such as cattle, hogs, chickens and other fowl will be considered as resources at current market value. When the livestock are indebted, subtract the amount of the debt from the current market value. If the individual has purchased livestock recently, he should be able to show his bills of sale. If the individual has had the livestock for more than 12 months, he will need to establish their value by having them appraised by an individual qualified to do this. NOTE: An individual adds to his resource value when the livestock multiplies. See Resources to be Excluded, later in this chapter, for livestock for home consumption. Lump Sum Payments Money received in the form of a non-recurring lump sum payment, such as retroactive lump sum SSA, TANF or other payments, lump sum insurance settlements, vacation pay received in one

MISSISSIPPI [RESOURCES: RESOURCES TO BE INCLUDED]

Revised 05-01-06

payment, lottery winnings, refunds, etc., will be considered, unless specifically excluded as a resource ( i.e. SSI lump sums, income tax refunds, rebates or credits ). Any portion of the lump sum identified as payment for the current month must be counted as income. Mortgages, Notes and Deeds of Trust When an applicant or recipient states that another individual owes him a debt, it is necessary that the individual have written evidence of the debt in the form of a promissory note, deed of trust, mortgage, etc. Otherwise, the individual has no way of enforcing the payment of the obligation. Ask the individual to determine the current market value of these assets from local bankers or from banks where the individual ordinarily does business. The current market value is that amount which can be realized from immediate sale. The amount which the individual will receive is the current value less a discount for handling any risk involved. Consider excessive a discount rate of more than 10 percent, and do not consider the asset a resource, count the payments as income, including both principal and interest. Oil, Gas and Other Minerals The lease or sale of mineral rights is a depletion of the real property and the proceeds are a resource. The amount paid per acre for the lease is a resource. The company may or may not renew the lease at the end of the year. If the lease is renewed, the rental for the year is income. The lease or sale of mineral rights can be established from the deeds in the chancery clerk s office. If the deed does not give the amount of payment, the exact amount received must be verified from the lessee or purchaser.

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Personal Belongings Personal belongings that are significant assets such as valuable jewelry, antiques and abovetheground swimming pools are considered available resources. Their value may be obtained from reputable dealers. Other personal belongings will only be considered in the maximum limit if they are valued at an unusually large amount. Property Owned in Common or Jointly When an individual owns in common or jointly with others property which is not a homestead, consider as available to him his pro rata share of the net value and test in the maximum limit. NOTE: When minor children are involved, the value of the property will be disregarded when the

payee documents that the court has refused to allow the sale or that the court costs would make the sale unprofitable to anyone. If unusual cases of hardship arise, refer the case to the Economic Assistance Policy Unit, State Operations. Real Property Other Than the Home Real property other than the home consists of any real property in which the individual has an interest or which he owns outright, and which is not part of the home place. The use of the property should be explored. When an individual owns property other than the home in his name, determine its net value using the fair market value minus any legal debt. This is considered in the $2000 maximum limit. Retirement Plans Retirement plans that are not authorized under section 401, 401(a), 403(a), 403(b), 408, 408A, 408(k), 408(p), 457(b), and 501(c) (18) of the IRS code, or section 8439 of Title 5, United States code, are considered as countable resources. See discussion under Resources to be Excluded, Retirement Plans later in this chapter. Stocks, Bonds and Certificates of Deposit Determine the possession of stocks, bonds, and certificates of deposit by careful discussion with the individual, exploring past earnings, employment and resources. Obtain the value of stocks or bonds from the company issuing the stock or from an investment company. It is usually possible to obtain the value of commercial stocks from a broker. Obtain the value of United States savings bonds and CD s from the bonds and CD s themselves, if in the possession of the individual, or ask him to obtain this from his bank. Since the owner of a savings bond cannot obtain the value except by cashing in the bond, the yearly interest will not be considered income. The value of the bond will increase each year. Most stocks and CD s produce income which must be considered as such. MISSISSIPPI [ RESOURCES: RESOURCES TO BE INCLUDED ]

Revised 03 - 01 - 09

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single tract. The following conditions do not prevent the tract from being considered a single tract and the home place. a. The individual receives homestead exemption on only part of the single tract or none of it. b. The single tract is divided into lots or parcels of land for assessment purposes. 2. A trailer or boat occupied by the family as the home regardless of whether the individual owns the land on which the trailer sits or the land near which the boat is anchored. If the family moves elsewhere, the trailer or boat becomes an asset and will be considered in the maximum limit. Uncut timber located on the home property will also be excluded in the resource calculation. For a family with two separate homes, only one home may be excluded as described above. Other buildings, such as stores or houses, which are clearly not part of the exempt residence and its outbuildings, must meet another resource exclusion to avoid being counted as a resource (ex: if a second house on home property is occupied and rent is being received from that second house, the resource will be exempt). If counted as a resource, only the equity value (fair market value less indebtedness) of the structure will be counted as a resource. The land upon which it is located will not be considered when determining the value. On occasions, an individual may be in the process of replacing the home. Cash obtained from the sale of a home will be disregarded for six months when the family has a realistic plan to use that cash to obtain, replace, or repair a home, to replace or repair furniture and household items which were destroyed, or to reduce or liquidate a home mortgage. Expect the individual to use this cash for moderately priced items, and secure cost estimates when feasible. When the individual expresses intent to rebuild, replace, etc., and demonstrates efforts to do so, secure from the individual documentation of cash used for one or more of the above purposes at the end of the six-month period. Any cash above the documented costs will be considered as lump sum income in the month received. NOTE: The time may be extended for a reasonable period when the plan is underway but not completed because of special circumstances, such as serious illness of the individual, severe weather or other valid reasons.

5201 Volume III | Chapter 5 [RESOURCES: RESOURCES TO BE EXCLUDED]

Revised 05-01-06

MISSISSIPPI [ RESOURCES: RESOURCES TO BE EXCLUDED]

Revised 05 - 01 - 06

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Volume III | Chapter 5

5203 MISSISSIPPI [ RESOURCES: RESOURCES TO BE EXCLUDED ] Revised 05-01-06 See Resources to be Included, in this chapter, for more information. Disaster Payments Payments received from sources such as the Federal Emergency Management Agency (FEMA) due to a federally declared disaster are disregarded for six months. Relocation Payments The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which became Public Law 91-646, provides for relocation payments to be made to individuals and families who are displaced by the acquisition of property for projects and programs that are usually handled through one of three agencies: U. S. Department of Housing and Urban Development (HUD), Army Corps of Engineers or State Highway Department. Usually an individual who has sold property for one of these projects will have dealt with one of the three agencies listed above and that agency should be able to provide the details of the transaction. However, should an individual indicate that he has sold property for a project through some other governmental agency, contact that agency for verification as to whether or not the individual was provided a relocation payment in accordance with the relocation payment act. Under the provision of this act for the acquisition of property for these funded programs or projects, the families may receive the following payments: 1. Payment for property acquired: This is payment to the property owner for his property and is equal to the fair market value of the property. This is not a part of the relocation payment and policy for cash obtained from the sale of property will be used. 2. Relocation payments: These payments must be disregarded as income and resources in determining eligibility. The payments are: a. For the home owner who must relocate, a payment not in excess of $15,000 to make up for the difference between the payment for the property sold and the purchase price of a replacement property comparable to the one sold or one which would meet the minimum health standards. b. For the home renter who must relocate, a payment not in excess of $4000. This is for the difference in the amount that was being paid and the cost of comparable renting in a new

[RESOURCES: RESOURCES TO BE EXCLUDED]

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c. Property acquired prior to the current union is involved. d. One spouse is in an institution. 5. Determine in whose name legal title is vested when one parent is an SSI recipient, the other parent is included in the TANF budget and there is real property other than the home involved. If title is vested in the SSI parent, do not consider it in determining TANF eligibility. If the TANF parent has title, test the property value against the resource maximum. 6. Consider one-half of other assets as belonging to the SSI recipient and the other half to the TANF parent, and thus to the children, when one parent is an SSI recipient and the other is included in TANF. 7. Test the value of children's resources together with the assets of a grantee relative when the children live with a grantee relative other than a parent and he wishes to be included in the TANF budget and has been determined to be needy. Refer to Chapter 6, Special Budgeting Procedures, for testing the resources and income of a grantee relative other than a parent. Distinguish the resources of the grantee relative from those of his spouse by determining in whose name legal title is vested for real property and considering the resources available to his spouse if jointly owned. If the resources of the relative when added to those of the children exceed the family maximum, the relative cannot be included. 8. Determine the fair market value of real property by securing a written statement from a real estate agent, the county tax assessor, or some other individual knowledgeable of real estate values in the community. When it is impossible to secure an appraisal from a qualified individual, convert the tax assessed value to market value. This is done by multiplying the tax assessed value by the percentage reduction applicable to the particular county. Your county tax assessor should be helpful in determining this information. 9. Determine the net value of either real or personal property by subtracting any verified legal debt from the value of the asset. Legal indebtedness may consist of a mortgage, lien, or notes. To be recognized, a debt must be in writing in the form of a legal document and properly recorded. Informal debts cannot be recognized. When a mortgage is found to be against both real and personal property, or two pieces of real property which must be considered separately, first ask the bank or lending agency to

5301 Volume III | Chapter 5 MISSISSIPPI [ RESOURCES: EVALUATION OF RESOURCES ]

Revised 05 - 01 - 06

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5401

MISSISSIPPI RESOURCES: CONSIDERATION OF EXCESS RESOURCES

Revised 05 - 01 - 06 . Whether he has invested any or all of the cash or has converted a cash asset into another kind of asset from which he can now reasonably be expected to receive a return, such as income or services, shelter rights, or the like; and . Whether he has transferred cash or a cash asset above the limit without receiving a reasonable return. The applicant who is applying for the first time is not expected to be aware of agency requirements and may not be able to verify the use of resources for the prior year. However, he must provide sufficient information to allow the worker to determine that his resources are within the allowable maximum and that he did not transfer resources in order to become eligible. Reapplicants whose applications have been rejected or cases closed due to excess resources are expected to verify the use of the excess. When the former applicant or recipient cannot verify the total use of his excess cash, the worker will use his knowledge of living expenses to determine whether the unverified expenditures were required for the individual’s maintenance, were given away, or are available. If the applicant is unwilling to discuss the use of cash, this raises the question of continued possession of the cash or of the transfer of the asset without return in order to qualify. Eligibility cannot be determined under such circumstances. Recipients A recipient may retain and also replenish his resources up to the maximum. However, a recipient who comes into excess cash, which can be identified as resources or an asset with a value exceeding the maximum, either alone or together with other assets, is under no obligation to report the receipt of such assets until the next TANF review. When the TANF payee gives information and signs the MDHS-EA-900, MDHS Application for Assistance, he signs an agreement to this effect. Failure to report such assets or excess cash raises the question of fraud and certainly improper payments. When the worker learns that a recipient has received excess resources the worker will: 1. Ask the recipient to provide the following information: a. Verification of the amount of cash or the value of the asset received and the date of the receipt; Volume III | Chapter 5 b. The verified amount of cash or the value of the asset remaining on hand whether or not it is in excess of the maximum; and c. The purpose for which the excess cash will be or has been used.

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CONDITIONS OF DISREGARDING RESOURCES An asset which alone or in combination with other assets exceeds the allowable maximum will be considered not available in these instances: 1. The asset has been purchased under a contract which precludes the sale or other disposition of the asset, such as a sales contract which has as one of its conditions a prohibition against the sale of the item purchased until paid for, with interest. 2. The applicant or recipient proves that he is willing to convert the asset into cash, or has tried to do so, but is unable. Property in probate proceedings or divorce litigation is also considered inaccessible. See the discussions below for more information on bona fide efforts to convert real property and assets other than real property. 3. The asset has been lost because of factors beyond the individual s control. The facts must be carefully established to show the date of the loss, the circumstances under which the loss took place and the individuals who corroborate the account. The story must be credible and substantiated. The regional director will review such accounts if needed. 4. As a rule, minors cannot be said to own real property. By statute, a person less than 21 years of age cannot have legal title vested in him, cannot purchase, or cannot encumber real or personal property. Property can be left to a minor as an inheritance, or a child can have a share in real property, but it cannot be disposed of or encumbered without permission of the court. Thus, such property is not actually an available resource to the child and will not be considered as such unless the net value is sufficient to warrant the requirement for the guardian, other parent, or trustee to take legal steps to release the resources for his use. 5. The family who uses excess resources to secure burial sites or funeral agreements for TANF household members will be considered as having secured a reasonable return. BONA FIDE EFFORT TO CONVERT INTO CASH - REAL PROPERTY Otherwise non-excludable real property that a family is making a good faith effort to sell can be exempt. The worker may verify that the property is for sale and that the household has not declined a reasonable offer. The individual should provide evidence of a good faith effort to sell the property prior to approval for assistance. A written statement from a real estate dealer, newspaper clippings or

Volume III | Chapter 5 5500 MISSISSIPPI RESOURCES: CONDITIONS OF DISREGARDING RESOURCES

Revised 05 - 01 - 06

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5601 Volume III | Chapter 5

MISSISSIPPI [ RESOURCES: TRANSFER OR RESOURCES ]

Revised 05 - 01 - 06 NOTE: A transfer of resources should not be confused with disposing of a resource. For example, an applicant or recipient could dispose of money in a savings account in order to buy a car and this would not be considered a transfer of resources. A transfer is a giving away of sorts. ALLOWABLE TRANSFERS Eligibility for the program will not be affected by the following transfers: 1. Resources which would not otherwise affect eligibility, for example, resources consisting of excluded personal property such as furniture or of money that, when added to other nonexempt household resources, totaled less at the time of the transfer than the allowable resource limits; 2. Resources which are sold or traded at, or near, fair market value; 3. Resources which are transferred between members of the same household, including excluded household members whose resources are being considered available to the household; and 4. Resources which are transferred for reasons other than qualifying or attempting to qualify for TANF; for example, a parent placing funds into an educational trust fund as outlined in Resources to be Excluded, earlier in this chapter DISQUALIFICATION PROCEDURES In the event the State agency established that an applicant household knowingly transferred resources for the purpose of qualifying or attempting to qualify for TANF, the household will be sent a notice of denial explaining the reason for and length of the disqualification. The period of disqualification will begin with the month of application. If the household is participating at the time of the discovery of the transfer, advance notice explaining the reason for the length of the disqualification will be sent. The period of disqualification will be made effective with the first money payment to be issued after the notice of adverse action period has expired, unless the household has requested a fair hearing and continued benefits. NOTE: The date of discovery of a transfer of resources has no effect on the county taking action to disqualify the applicant household for the transfer provided the resource was transferred within the 90-day period preceding the date of application. For example, a household transferred a resource which affected eligibility on April 15th and applied for TANF on July 10. This transfer was discovered by the county the next December. At the time of the discovery the county takes action to disqualify the household based on the amount of the resource, as outlined below. The length of the disqualification period shall be based on the amount by which nonexempt

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5602 Volume III | Chapter 5

MISSISSIPPI [ RESOURCES: TRANSFER OR RESOURCES ]

Revised 05 - 01 - 06 transferred resources, when added to other countable resources, exceed the allowable resource limits. EXAMPLE: The parent in a TANF household, who has $1750 in a bank account, transfers a lump sum insurance settlement amount of $1500. Therefore, $1500 would be added to the $1750 in the bank account for a total of $3250. The amount in excess of the maximum limit of $2000 is $1250. The household would be disqualified for 6 months using the chart below. The following chart will be used to determine the period of disqualification: Amount in Excess of Period of the Maximum Limit Disqualification $ 0 - $ 249.99 . . . . . . . . . . . . . . . . . . 1 month $ 250 - $ 999.99 . . . . . . . . . . . . . . . . . . 3 months $1000 - $2999.99 . . . . . . . . . . . . . . . . . . 6 months $3000 - $4999.99 . . . . . . . . . . . . . . . . . . 9 months $5000 – and up . . . . . . . . . . . . . . . . . . 12 months

Once the disqualification period has been correctly imposed, it cannot be rescinded even if the household takes steps to have the transferred resource returned. EXAMPLE: Ms. Brown transferred property in order to qualify for TANF. The transfer renders her household ineligible for 6 months. After serving 2 months of the disqualification period, Ms. Brown reapplied for TANF and informed the worker that the property had been deeded back to her. She further stated that she was attempting to sell the property and had listed it with a real estate agent. Ms. Brown must serve the four (4) remaining months of the disqualification period before she can be reapproved for TANF. SALE OF REAL PROPERTY Since the purpose of the retention of real property is to provide shelter or to produce income, determine whether the applicant has sold his real property other than the home during the two years preceding the date of application. At the time of application or redetermination, ask the individual whether he expects to sell his property. If he does, tell him that the agency will: 1. Expect him to sell the property at least for the current fair market value. MISSISSIPPI

Revised 05 - 01 - 06 Volume III | Chapter 5

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5603 Volume III | Chapter 5

MISSISSIPPI [ RESOURCES: TRANSFER OR RESOURCES ]

Revised 05 - 01 - 06 2. If he sells the property on time, expect him to receive a reasonable down payment and have the balance paid over a reasonable length of time. 3. Expect him to take a mortgage or note for the balance due and to charge interest at the prevailing rate. If the individual has already disposed of the property without having taken a note or mortgage, the worker will: 1. Expect him to try to do so. 2. If he refused to try to do this, deny or terminate aid on the basis that the individual has refused to comply with agency policy. He may reapply at any time at which he decides he will comply. When an individual sells his property with the proceeds to come in over a period of months or years, count the down payment as a resource and the monthly, quarterly or annual payments as income. Include the interest paid as income. Ask the individual to take the note to the bank or lending institution to obtain the discount value. Refer to Bona Fide Effort to Convert Into Cash - Real Property, earlier in this chapter. USE OF REAL PROPERTY BY RELATIVES A TANF recipient is expected to use his property to supply his own needs and to obtain income if possible. This can be found in the state statutes. Therefore, when a relative uses property belonging to an individual or lives in the home with him, the relative will be expected to make some contribution to living expenses. This may include cash rental payment, in-kind payment such as fuel, produce, clothing or payment of taxes and upkeep, or services, either personal or housekeeping services. If the relative is using the land and is producing income from it, the individual will be expected to receive a reasonable rental. If the relative has joint ownership in the property, he will be expected to assume his share of costs of ownership such as taxes, upkeep and insurance from the income he derives. MORTGAGING OF REAL PROPERTY Distinguish between applicants and recipients in considering mortgages placed on real property. Applicants: Begin with finding out about any mortgages on property. If the applicant mortgaged his home or property other than the home before he applied and has spent the money, consider him eligible with the following exception: If the applicant mortgaged his home or property other than his home during the year immediately

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INFORMATION ABOUT REAL PROPERTY Introduction The following discussion is for the most part factual information about the legal ownership and control of real property; homestead rights; and jointly owned property. It is based on state statute and court decisions on exempt property, descent and distribution of property, and deeds and conveyances. When an individual has property and there is some question about the status, the worker will usually be in need of more information in order to help the individual state the facts about it. The Homestead As long as a surviving spouse has homestead rights in property, neither this spouse nor the children have control of the place. The Mississippi Code of 1942, as amended, establishes the homestead rights. Under the state statue, either spouse, whether husband or wife, widow or widower, is entitled to hold exempt from seizure or sale for debt or other reasons the land and buildings owned and occupied as a homestead, provided the land does not exceed 160 acres or $30,000 in value. In arriving at the $30,000 value, the legal encumbrances shall be deducted. The husband or wife is entitled to the use and occupancy of the homestead even if he or she does not have family or does not occupy the homestead if he or she is over 60 years of age. Neither husband nor wife can sell, transfer, place a debt, lease the mineral rights, or sell timber without the other's consent and signature on the deed; thus such property should be disregarded when the other spouse refuses consent. The surviving widow or widower is entitled to occupy the homestead and to receive income from it. Since the surviving spouse is entitled to the use of and rent from the land, the use cannot be taken by others, even the heirs, without liability for the rent. The surviving spouse who occupies the homestead is liable for the payment of the taxes and upkeep to the extent of the income from it; also the interest on the mortgage, if one exists, but not the payment on the principal. The other heirs cannot sell, encumber with debt, divide, or otherwise dispose of the homestead without the consent and signature of the widow or widower. Determining a Widow's Equity To determine a widow's equity in the estate, the date of the husband's death should be secured and the chancery court docket, which is in chronological order, should be checked. The records on the docket made around the date of death of the husband will show divisions of estate and personal

Volume III | Chapter 5 property. The Will Records of the county will also give information in regard to the disposition of property. 5700 MISSISSIPPI [ RESOURCES: REAL PROPERTY ] Revised 05 - 01 - 06

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5701 Volume III | Chapter 5

MISSISSIPPI [ RESOURCES: REAL PROPERTY ]

Revised 05 - 01 - 06 Property Other Than Homestead Real property not occupied as a homestead by a surviving spouse, or for which a surviving spouse does not have homestead rights, is as follows: 1. Property acquired in the name of one spouse who died without a will. Such property descends to the surviving spouse and the children, each having an equal share. If the heirs are minors, the surviving spouse must obtain permission from the Chancery Court to make disposition of it. Therefore, a TANF mother whose spouse owned property in his name only and dies without a will is considered not to have control of it. She will not be required to go through court to dispose of it unless the value exceeds the maximum for property held in common. 2. Property acquired by a will. Property which has been left by an individual who has made a will can be distributed as provided in the bequest. An executor or administrator of an estate must first pay the expenses of the last illness and death of the owner before settling the other debts and distributing the property. All claims against the estate of a deceased person must be presented for probate within six months after the first publication of notice to the creditors. 3. Property in the name of joint tenants. The deed in these instances will read "as joint tenants with full right of survivorship," and will sometimes add, and not as "tenants in common." Such property will belong only to the surviving joint tenant or tenants at the death of one individual. Either tenant can sell, mortgage, or dispose of his share of such property, unless it is the homestead. 4. Property held jointly by spouses. When spouses acquire property and the deed is made with both names on it and does not specify that they are joint tenants with full right of survivorship, each has an undivided one-half interest, and at the death of one of them, the surviving spouse still has an undivided one-half. The surviving spouse also has a child's share in the other half of the property unless a will directs otherwise. If the property was the homestead, note the discussion above for the rights of a surviving spouse. If the property was not the homestead, the surviving spouse and other heirs have control as far as each one’s share is concerned. 5. Property owned in common. This is property owned by two or more people, which they

own under the terms of a will, or by deed, and in which each has an undivided interest. Property held in common is subject to sale, mortgage, division, or other disposition. All of the tenants in common, when adults, can join in the sale or each can dispose of his individual interest. 6. Commonly held property - spouse absent. A wife or husband whose spouse is a patient in a mental hospital cannot dispose of or place a debt on their commonly held property unless the court has acted upon the matter and given authority to the remaining spouse to handle the transaction.

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5702 Volume III | Chapter 5

MISSISSIPPI [ RESOURCES: REAL PROPERTY ]

Revised 05 - 01 - 06 The same is true when a parent deserts or is absent for other reasons and leaves property in common. The other parent cannot dispose of the property without consent of the court when there are minor heirs involved. See below for policy. 7. Life estates - A life estate in property can be created by a deed, division of property, or operation of law. A life estate gives the grantee the right to use, hold title, and receive profits from the land for life unless restricted to occupancy only. The life tenant has an obligation to make reasonable repairs and preserve the land. He cannot sell the minerals or timber but may use timber for his own use. He is responsible for taxes if there is income from the place sufficient to pay them. The individual who will come into the property at the death of the holder of the life estate is called a remainderman and can dispose of the property only subject to the life estate unless the life tenant joins in the deed. If all individuals join in the sale, the life tenant should receive his share. If mineral leases are signed after the transfer in return for life estate, the life tenant is entitled only to the interest from the income from sale of the oil or gas. 8. Property acquired by spouse in a previous marriage. In unusual circumstances, an individual who has remarried will have property which came to him from a prior union and which will be denied to the spouse of the current marriage. When this problem arises, the supervisor should handle through the regional director who may contact the Economic Assistance Policy Unit if necessary. Loss of Land for Taxes Under the state statute, if taxes are not paid on real property for two successive years, the property matures in the name of the State of Mississippi. It can be reclaimed by the payment of the back taxes. Usually when the property is reclaimed by the payment of taxes, the owner recovers it. However, when a member of the family pays the back taxes on property which was an estate, it is

difficult to determine whether the property remains an estate or is in the sole possession of the relative who bought it for the taxes. The worker should see the land patent in order to determine in whose name, on what date, and for amount of taxes the property was bought. CHECKING PROPERTY RECORDS When the worker must assist the individual in ascertaining the status of his property, the following suggestions will usually be helpful: 1. Check tax records and receipts to get descriptions of property. 2. See current deeds to property. The individual should have a copy of the deed to property he owns outright. The records in the chancery clerk's office can be checked regarding any deed not in the individual's possession.

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Revised 09-01-10

PURPOSE Need is a basic eligibility factor for receipt of assistance benefits, and both the resources and income of recipients must meet the tests required by federal and state laws and regulations. Refer to Chapter 5, Resources, regarding Broad-Based Categorical Eligibility. Income eligibility and the amount of benefits for eligible families are determined by use of a budget as follows: 1. Gross income is tested against the gross standard of need (185% Requirements) for the size family involved. If the income is expected to meet and continue to exceed this standard, the family is ineligible. 2. If the income equals or is less than the gross standard, net income is tested against 100% of the standard of need for the size family involved. Refer to Chapter 6, Income to be Tested, for further discussion on income to be included in each test. Also, the system tests income in special situations to determine: 1. $90 work expense and dependent care expense. See Chapter 4, Earned Income Disregards. 2. The amount, if any, of the income of a stepparent, the parents of a minor mother, or the sponsor of an alien, to be considered available to meet the needs of the assistance unit. See Special Budgeting Procedures within this chapter. The worker must test to see whether or not a caretaker relative other than a parent is needy and wishes to be included in the budget. PROSPECTIVE BUDGETING Determining Eligibility Prospectively: Determining eligibility prospectively means that the worker will establish eligibility on all factors, including need, which is reasonably anticipated to exist in the month for which the benefit is paid. When the agency is aware of a change that will make the family ineligible for a future month or months, the benefits will be terminated beginning with the first month of ineligibility or as soon as

Volume III | Chapter 6

possible allowing for a ten-day advance notice if required. For example, benefits will be terminated when the agency is aware in June that an increase in RSDI benefits to be received in MISSISSIPPI [ BUDGETARY PROCESS: GENERAL PRINCIPLES ]

Revised 11 - 01 - 11

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July will meet the needs of the family for that month and subsequent months. NOTE: The standard of promptness requirement that benefits be paid for the month in which the 30th day expires means also that the applicant must be prospectively eligible for the benefit during that month. Do not approve an application for a month for which the worker knows that the applicant is not eligible for the benefit. Deny such an application when handled within 30 days. The applicant must reapply and benefits may be approved only for a month in which the applicant will be eligible prospectively. Determining Benefit Amounts Prospectively: Prospective income will be used to determine ongoing eligibility for all TANF cases. Prospective budgeting means that the benefits to be authorized for the review period are based on the household s circumstances reasonably anticipated for a period of time. Reasonably anticipated income is based on the income received in the four weeks prior to the date of the interview, excluding any income that cannot be reasonably anticipated to continue during the review period. Income that could not be reasonably anticipated to continue would include overtime not usually received, a one-time bonus, etc. If a future change is indicated at the time of application or review, the prospective income will be based on the future change. Future changes must be verified and include changes such as a job change, reduction of hours, a lay-off, etc. Noncontinuing income will not be considered in determining reasonably anticipated income for a household. However, the noncontinuing/terminated income will be counted in the appropriate budget month. Example: Household applies on April 15, 2011. A household member who lost his job on April 8th verifies date of termination and wages received on April 4th and 11th (last check received). The two checks received for April will be counted in the April budget along with any other income. The terminated income will not be included in the budget for May and ongoing. Prospective budgeting also applies for an individual being added to an active case, including transfer of children. See Chapter 7, Special Procedures, for proration of benefits and special procedures for accrual rights of additions to active cases. Once reasonably anticipated income for a household is determined, the income will be coded in the

6001 Volume III | Chapter 6 Revised 07-01-06

MAVERICS system. The system will convert the income based on the frequency of the income. For example, income paid weekly will be converted by 4.33, bi-weekly converted by 2.15, and semimonthly multiplied by 2. This conversion process averages the anticipated income while allowing for four and five week pay periods for individuals paid weekly as well as months with three pay periods for those individuals paid bi-weekly. The fluctuation of pay periods would not be considered as variable basis of issuance. See Variable Basis of Issuance in this chapter. Example: The household is due for review effective December, 2011. The client comes in for her appointment November 1, 2011 and reports she is still working, being paid weekly

(volume-iii)(page-447)Page 447#

on Friday. Income from the prior four weeks is verified. The worker will enter the four October 2011 pay checks on the EAIE screen. MAVERICS will automatically calculate an average monthly earned income amount according to the pay frequency code. If the amount calculated for December can be reasonably anticipated for the remainder of the new review period, no further income changes would be made to EAIE regardless of the number of pay periods per month. MAVERICS will process earned and unearned income in the same manner. The following income frequency codes will determine how the income is calculated for the budget month. W- Weekly MAVERICS will add up the total amount for the pay periods entered and divide the total amount by the number of weeks. Take the weekly average amount and multiply by 4.33 to get the average monthly amount (when the pay frequency code is 'W', one to five weekly amounts may be entered). B- Biweekly MAVERICS will add up the total amount for the pay periods entered and divide the total by the number of pay periods to get a biweekly average. Take the bi-weekly average amount and multiply by 2.15 to get the monthly amount (when the pay frequency code is 'B', only one to three bi-weekly amounts may be entered). M- Monthly Only one amount may be entered. The amount entered will be calculated as the total monthly income (when the pay frequency code is 'M', only one amount may be entered).

S- Semi-monthly Only one or two semi-monthly amounts may be entered when the pay frequency code is 'S'. When two semi-monthly amounts are

Volume III | Chapter 6

entered, MAVERICS will add the two amounts together to get the total monthly amount. When only one semi-monthly amount is entered, MAVERICS will multiply the amount by two to get a total monthly amount. A- Actual MAVERICS will add up the total amount of income entered to get an actual monthly amount. (When the pay frequency code is >A', one to five weekly amounts may be entered). (NOTE: The worker must follow the TANF policy when applying actual income for a month for which the income is normally incurred on a weekly, biweekly or semi-monthly basis). For example, actual income would be used for the month of application when the household reports receipt of income in the month of application that will be non-continuing. If income cannot be reasonably anticipated in the review period, it should not be used. The calculation of self-employment and contractual income will be averaged based on the tax information for self-employment and the contract for contractual income. Variable Basis of Issuance: MISSISSIPPI [ BUDGETARY PROCESS: GENERAL PRINCIPLES]

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A household s benefits may vary from month to month within the review period to reflect anticipated changes. This is referred to as variable basis of issuance. These cases may have to be worked for multiple months to reflect the anticipated change in the household s situation. Examples: Household applies in April. The case includes a 17 year old who is working. The 17 year old will be 18 in June. The case must be worked AprilJune including the 17 year old. A change must be processed for July removing the 18 year old for the remainder of the review period. A school employee who receives hourly wages will receive only two checks in May and will be off work in June and July. She will return to work in August but will only receive one paycheck. The worker will use a variable basis of issuance to determine benefits by anticipating the income to be received in May, August and September and budget likewise. The income will be removed for the months of June and July.

Volume III | Chapter 6 Revised 09-01-10

APPLICATIONS Giving Explanations During the intake process, the worker will explain the requirements for Simplified Reporting to all applicants and should review the MDHS-EA-300. (See Generic Forms Manual for additional information.) Gathering Information Since benefits must be established prospectively based on income and circumstances expected to exist in the review period, the worker will need to explore each of those months separately. When self-employment is involved, determine the income received in the prior year, adjust for any known changes, and arrive at the monthly income by averaging over the period the income is expected to cover (normally a year). If unearned income is involved, ask the individual if a change is expected and document accordingly. Also, ask about any expected changes in other eligibility factors. Adding an Individual to an Active Case Remember that an individual added to an active case is considered to be an applicant. This includes an individual moving from one assistance unit to another. That individual should be added to the budget and provided benefits according to policy set out in Chapter 7, Special Procedures. REGULAR REDERTMINATION/REVIEWS 6003

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General Principles Regular Redeterminations/Reviews are a federal requirement. TANF cases will receive a 6 or 12 month review period. (See Chapter 7, The Redetermination Process.) SPECIAL REDETERMINATIONS (Changes) General Principles Simplified Reporting households are only required to report certain changes during their review

Volume III | Chapter 6

period. When the household reports a change whether it is a required change report or not, the worker has ten (10) days to request information and then ten (10) days to take action on the change. The change should be made for the next possible month. Reporting Requirements for TANF Households: Effective January 1, 2018, Mississippi began the transition to Change Reporting for all households. Under Change Reporting requirements, all households must report the following changes within 10 days of the date the change becomes known to the household:

• Residence and resulting shelter costs; • Legal child support obligation; • Change of more than $100 in the amount of unearned income; • Change of more than $100 in monthly earned income from the amount used to calculate the household’s benefit amount; • Change in the source of income (example: change in employment), if it results in a change in income; • Change in liquid resources, such as cash, stocks, bonds, and bank accounts that meets or exceeds the household’s limit.

Additionally, TANF households must report the following changes: 1. When the household s total gross monthly income, earned and unearned, meets or exceeds 185% of the need standard for the household size at the time of their current review period. Disqualified household members will not be included in the household size when determining if the household income meets or exceeds 185% of the need standard. This change must be reported by the 10th of the month following the month in which the change occurred. If the 10th falls on a holiday or weekend, the client has until the next business day following the holiday or weekend to report the change. The worker should explain this requirement to the client and circle the client s household size and income limit at each interview as part of the MDHS-EA-300 explanation. See Generic Forms Manual, Chapter 3, TANF Rights and Responsibilities of Applicants and Recipients. MISSISSIPPI [ BUDGETARY PROCESS: GENERAL PRINCIPLES ]

Revised 07 - 01 - 19

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Revised 12-01-17 2. When it becomes clear that a TANF child will be out of the home for more than 30 days. The change must be reported within 5 days. See Chapter 3, Temporary Separations. 3. When the PI or the entire household leaves the state. This must be reported within 5 days. If it is discovered a household failed to report a change as required or falsified information at the interview and the household received an over issuance, a claim would be processed on the household. NOTE: Individuals who are TANF Work Program or Transitional Transportation participants must continue to verify time and attendance to the Case Manager. Processing Reported Changes: Income When a household reports a change in income, the worker must review the information to determine if the case should be closed or a change in benefits is needed. If a household is expected to continue to meet or exceed the 185% of the need standard for their household size at the time of their current review period, the case should be closed and the appropriate notice(s) sent to the household. The worker should always check for 3D or 6D eligibility prior to closure. See Earned Income Disregards in this chapter. If the information reflects a change in scheduled hours and/or rate of pay, but does not cause a case closure, a prospective change should be processed based on reasonably anticipated income. When the information does not reflect a change in scheduled hours and/or rate of pay, the previously established prospective income should remain in the case and no case change is needed. NOTE: In either situation it is imperative that the case be documented to explain why a reported change was or was not processed and the appropriate change notice(s) sent to the household (change increase/decrease/no change notice). Eligibility Worker's Responsibilities: When a change is reported that requires processing, the following steps will be taken by the worker. Rework the case in MAVERICS. If a reduction is indicated, the worker will send the notice of change (A701) and set an alert to allow 10 days to pass before authorizing the reduced benefit. When 10 days have passed and the individual has not requested a hearing

based on the circumstances in the case, authorize the reduced benefit. Volume III | Chapter 6 If this action takes place after the deadline for the current payroll month, the worker will need to copy details to the next month in MAVERICS and process and authorize that month in addition to the first month of the reduced benefit. Example: On September 16 the client reports her 15 year old left the home on September 13th and will be gone more than 30 days. The worker makes the change in MAVERICS for October and authorizes the reduced benefit on September 26th. Volume III | Chapter 6 6005

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closure which will freeze the case for 10 days before the system automatically closes the case. If the individual requests a hearing during this period, rework the case in the system and authorize benefits so that it will continue at the former amount until the hearing is resolved. NOTE: This may require the removal of data entered to determine the closure situation. NOTE: If the case is in FROZEN status at MAVERICS rollover, and the 10 days of the FROZEN period will expire on or prior to the last day of the current calendar month, the system will not process a benefit for the next month. Processing Changes Known to the Agency: TANF households are only required to report certain information if a change occurs in their household. However, if known to the agency, the worker must act on the change as appropriate. Known to the agency is defined as known to the division. For example, if information is known to another division such as Child Support or Family and Children s Services, until the information is reported to the Division of Economic Assistance it is not considered known to the agency. If information is reported by another division, a change should be made as necessary. Information received via IEVS, such as Bendex, SDX, or unemployment benefits will be considered verified upon receipt and a case change processed if needed. All other IEVS should be investigated. An entry is required in processing IEVS to explain the action taken on the case. Address: When the household reports a change of address the worker will accept the recipient s statement and change the address as long as the address is within the county. If the address is in another county, the worker will change the address and transfer the case to the new county. If the recipient gives an address outside the state, the worker will discuss intent to reside with the recipient and determine if they are a resident of Mississippi, prior to changing the address. If they are not a resident of Mississippi, they are no longer eligible and the case should be terminated. Examples: 1. An individual reports they moved from County A to County B on March 4th. The worker will accept the client s statement, change the address in MAVERICS and transfer the case to the other county. 2. An individual reports to the worker on February 16th that they are now living in Alabama. The worker will discuss intent to reside with the client and if

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Revised 12 - 01 - 17

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appropriate, close the case for March.

INTERIM REPORTS

NOTE: Effective January 2018, a transition from Simplified Reporting (SR) to Change Reporting requirements for all households began. During this transition, certification periods were limited to either 6 or 12 months for most households, thereby eliminating the need for households to submit Interim Reports. SR households certified prior to January 2018 remain under SR rules and subject to Interim Reporting until recertification, when certification periods will be adjusted to either 6 or 12 months. Once all recipient households become subject to Change Reporting requirements, Interim Reporting will be discontinued. Interim reports will be issued to all TANF households at the midway point of the review period. These reports will require households to provide information on changes in household circumstances during the first half of the review period. Upon return of the interim reports, caseworkers will process the reports and take action to affect case changes as needed. Households with 12 month review periods will be required to return interim reports by the 6th month of the review period. The interim report will be mailed to the household on the 22nd day of the 5th month of the review period. Issuance of interim reports will be documented on the Notice History (NOHS) screen in MAVERICS. Information to be reported and verified includes changes in income, household size, and any changes in countable resources for households containing certain disqualified members (drug felons or persons sanctioned for Intentional Program Violation - IPV). Any changes in resources for such households must be reported and verified. Should the household report the addition of a household member to be included in the case, the name, relationship, social security number, date of birth, declaration of citizenship, and date the new person was added to the household must be noted on the form. If all necessary information is provided on the interim report, use of the 900 supplement form to add a person to the case will not be necessary. Interim Report Registration Upon receipt of the household s interim report, workers will register the report through the Interim Report Registration (INRR) screen in MAVERICS. This screen will allow workers to register up to sixteen (16) interim reports at a time by entering the date the report was received and the case number. Based on the status of the received interim reports, workers will process the changes or notify the household of further information or verification required. Interim reports should be scanned to the Interim Report folder in Interwoven/Worksite. Complete Interim Reports Volume III | Chapter 6

6008 MISSISSIPPI [ BUDGETARY PROCESS: GENERAL PRINCIPLES ] Revised 12 - 01 - 17

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rework budgets and authorize benefits for the remainder of the review period (7th through the 12th month). Workers will provide notification of the change in benefit amount by sending the household MAVERICS notice A701, Change in TANF Benefit. Should reported changes by the household lead to ineligibility, the worker will send MAVERICS notice A400 – TANF Closure – Ineligible Interim Case. Incomplete Interim Reports Based on coding entered by the worker on INRR, returned but incomplete interim reports will require a notice informing the household of the specific reason for incompleteness of the report and instructions on what information is required for processing and continuation of benefits. Cases with interim reports coded as incomplete will be placed in frozen status, and will not roll to the next (7th) month without a complete interim report being processed and eligibility determined for the remainder of the review period. Incomplete reasons/INRR codes include the following: • No signature (NS) • Income Verification Not Received (IV) • Non-Categorically Eligible Resource Verification Not Received (RV) • All Questions Not Answered (QA) • Other (OT) Use of the NS, IV, RV, and QA codes will automatically generate MAVERICS notice X419, SNAP/TANF Closure – Incomplete Interim Report form. This notice will inform the household of the specific information required for processing the interim report and determining eligibility for the remainder of the review period. In addition, unsigned interim reports (NS code) must be returned to the household for signature. Use of the OT code will require the worker to access the Notice Request (NORE) screen to send notice A419, TANF Closure – Incomplete Interim Report Form, to request verification of the reported change. In the event that the worker initially registers the interim report as complete on INRR but later determines the report to be incomplete, INRR may be accessed again to code the report as incomplete. Depending on the incomplete reason code used as noted above, either MAVERICS will send the incomplete notice or the worker will be required to access NORE to send a request for verification. Incomplete interim reports containing all necessary information that are returned during the 7th month of the review period will be registered through INRR and processed by the worker, allowing the household s benefits to be reinstated. Benefits authorized during the 7th month will

6009 Volume III | Chapter 6

MISSISSIPPI [ BUDGETARY PROCESS: GENERAL PRINCIPLES ]

Revised 1 2 - 01 - 17

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be prorated based on the date of receipt. For reinstatement of the case, the worker will send MAVERICS notice A509, Reinstatement – Interim Reporting, to inform the household of eligibility and benefit level for the remainder of the review period. Non-receipt of Interim Report Interim reports will be due by the 5th day of the due month. Failure of the household to return the interim report will generate a notice to the household. MAVERICS notice X003, Notice of No Return of Interim Report, will inform the household that the case will close if a completed report is not returned by the end of the month. Non-return of the interim report places the case in frozen status. The X003 will be mailed to the household on the 10th day of the month in which the interim report is due. The notice will also state that the case may be reinstated during the 7th month of the review period, with benefits being prorated for the month of receipt, provided the interim report is determined to be complete. For reinstatement of the case, the worker will send MAVERICS notice A509, Reinstatement – Interim Reporting, to inform the household of eligibility and benefit level for the remainder of the review period. NEED STANDARD Basic Requirements The Department, with approval of the State Legislature, has a minimum standard for basic needs which is based on family size and amount of state and federal funds available. Individual requirements are combined to create a consolidated standard of need for TANF and the refugee programs. Refer to tables in Chapter 15 for need standards. NUMBER OF BUDGET GROUPS When two or more sets of children live in one household, make: One application if the same individual is responsible for more than one set of children. For example, a grandparent may be responsible for his own children who are technically eligible and for the children of his deceased son or daughter. Also, a stepparent who is responsible for both his/her own children and stepchildren when the spouse is no longer in the home. 1. Separate applications only when there is no legal sibling relationship between the sets of children. For example, separate applications should be made when a TANF mother and her children

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share a household with the mother s sister and the sister s TANF children. Also, separate applications should be made when a parent of children by a prior union is married to a parent with children by a previous union and there is no common child. In determining the number of budget groups when an adopted child(ren) is involved, the worker will use the legal relationship of the individuals to be in the budget(s). For example, a grandmother has legally adopted one of two children born to her daughter. Both the grandmother and the mother who are living in the same house may have a separate TANF case, each case including the legal parent and their legal child. The two blood-related former siblings now have an aunt/uncle-niece/nephew legal relationship and are not required to be in the same budget. The biological mother of the adopted child legally becomes the child s sister. NOTE: Refer to Chapter 3, Deprivation, and note that a biological parent of a child who has been adopted by another family member may be considered a relative within the specified degree of relationship if the child for some reason returns to the home of the biological parent. This does not alleviate the legal responsibility of that adoptive parent. Establishing relationship may be more difficult if the child s original birth certificate is in the sealed adoption record, but many adoptions can be attested to by other family members, neighbors, etc. The county should ask the regional director for assistance when a problem arises in such cases. When two sets of children live in one household and there are also other children for whom both parents in the home are responsible, make: 1. One application if one of the legal parents is incapacitated or deprivation is based on unemployment (UP). For example, a mother has children by a prior union and a stepfather has children by a prior union. These parents also have a common child or children of their own living in the home, and one of the parents is incapacitated or meets the TANF-UP criteria. NOTE: Remember the parents of such a child by the current union do not have to be legally married. Obtain an admission of paternity as for any other TANF case. See Chapter 3, Unemployed Parent (TANF-UP). 2. Separate applications for each parent and his or her own children when there is no incapacity or no deprivation due to unemployment of either parent, making the child or children of this current union technically ineligible for assistance.

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6011 Volume III | Chapter 6Revised 12-01-17

INCOME TO BE TESTED Individuals and Types Income to be included in the gross need standard test consists of all gross income of individuals required to be in the assistance unit. This includes the income of any such individual living in the home who is omitted from the budget as a sanctioned (coded DI) or disqualified (coded DF)

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individual, and any amount of income deemed from a stepparent, the parents of a minor mother, or individual sponsor of an alien to the budget group except: • Income which a federal law prohibits considering in assistance benefits eligibility determinations, income in-kind, and income from another agency or organization that meets certain specifications. Refer to Chapter 4, Income Totally Disregarded, for a more detailed listing. Also, see Chapter 4, Gross Income Tested, for the exception for income being recouped from a benefit from another agency. • Certain business expenses which can be deducted from self-employment income. Refer to Chapter 4, Computing Gross Monthly Earned Income - From Self-Employment. • As an incentive for two-parent families, when a TANF PI marries on or after October 1, 1999, the income of the newly married spouse is to be disregarded for six consecutive months. See Marriage Disregard and Stepparent Situations later in this chapter. Income to be tested against 100% of the need standard consists of the gross income described above less certain deductions which should be disregarded under specified circumstances. Refer to Chapter 4, Establishing Earned Income and Support from Absent Parent of TANF Children, for further discussion on establishing net earned income, and for budgeting child support. Mississippi does not allocate income of TANF parents to provide for the needs of spouses or dependent children who are not included in the assistance budget. However, Mississippi does consider the needs of spouses and dependent children of caretaker relatives other than a parent and individual sponsors of aliens, as well as dependent children of stepparents and parents of minor mothers, in testing need or the amount of income available to the assistance unit. Refer Special Budgeting Procedures within this chapter. The income of an unrelated adult living in the home is not considered available to the budget group unless the unrelated adult makes cash contributions to the budget group.

Totally disregard the income and resources of an SSI recipient or of an SSI ineligible spouse who was converted with the SSI recipient and whose income is still included in the SSI test. The system will disregard the income and resources when the participation code is SS. Length of Budget Period: TANF cases will receive a 6 or 12 month review period. Cases with special circumstances will receive a one or two month review period. For example, a case is eligible in the month of application and the following month but due to an anticipated change is ineligible in subsequent months. This case would receive a two month review period. AMOUNT OF BENEFIT Computing Benefit The amount of the potential benefit for each TANF and refugee eligible group is controlled by: MISSISSIPPI [ BUDGETARY PROCESS: GENERAL PRINCIPLES ]

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1. The budgetary deficit, which is secured by subtracting the net income from the requirements of the budget group. 2. The legal maximum benefit set by the State Legislature. 3. The percentage, or ratable, reduction set by the agency according to state funds available for the TANF program. 4. Federal requirements on minimum benefits, rounding down benefits, and proration of benefits for the month in which the application or reapplication is made. The benefit will be the percent of the budgetary deficit or the maximum benefit for the number of individuals in the budget, whichever is less. Exceptions: See discussions below regarding minimum benefits, rounding down benefits and proration of benefits for the month of application. See Chapter 15, Table II, for the current legal maximum benefit, percentage reduction, and minimum benefit. Also, see Table III for computing the percentage of the budgetary deficit. Minimum Benefit The Omnibus Reconciliation Act of 1981 prohibits monthly benefits to individuals or families who qualify for benefits of less than $10 monthly. Individuals and families who are denied benefits

6013 Volume III | Chapter 6

solely because of the minimum benefit limitation are subject to all rights, except benefits, and all responsibilities, including TANF Work Program, child support, and reporting requirements. With two exceptions, MAVERICS will not issue benefits when the data entered in the system shows that the family is eligible for a monthly benefit of less than $10. However, MAVERICS will issue benefits of less than $10 when recoupment of improper payments reduces a benefit below $10 or corrective payments are entered on the Underpayment Authorization (UNAU) screen. Rounding Down for Benefits The Tax Equity and Fiscal Responsibility Act of 1982 requires that TANF benefits be rounded down, when not a whole dollar amount, to the next lower whole dollar amount. In Mississippi, the amount used to establish benefits is the result of multiplying the deficit by the applicable percentage reduction, or the legal maximum benefit, whichever is less. See Chapter 15, Table I, for need standards which meet this requirement and Table III for benefit amounts which also comply. Note that families having any deficit will be subject to TANF requirements. Prorating Benefits for Applicants When a monthly benefit of $10 or more should be authorized for the month in which application was filed: 1. The system will determine the amount of the monthly benefit. (If the monthly benefit is less than $10, proration is not applicable.) MISSISSIPPI [ BUDGETARY PROCESS: GENERAL PRINCIPLES ]

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2. The system will divide the monthly benefit amount obtained from Table III by the number of days in the month involved to obtain the prorata share for a day, unless an individual is being added to an active case. The system will compute this division to the second digit after the decimal, and disregard any third digit. The system will multiply the daily amount gained in Step 2 by the number of days in the calendar month for which the individual(s) has a right to benefits. It will count the authorization date or 30th day after application, whichever is earlier, and any other days remaining in the application month. The system will round down any amount less than a dollar. If the result is less than $10, the amount will not be paid. See Volume X for discussion of the Authorization of Supervisor (AUSP) screen. In

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MAVERICS, proration is calculated and displayed only on this screen. 3. The worker will notify the payee of a pro-rata benefit on the system notice (A101) which states the amount of the ongoing benefits, if any. Exception: For the addition of a person to an active case, the rights to benefits accrue on the first day of the system month following application. Therefore, there will be no proration. MARRIAGE DISREGARD As an incentive for two-parent families, for the first marriage of the PI occurring on or after October 1, 1999, the Mississippi Department of Human Services will: • Disregard the income and resources of the new spouse for 6 consecutive months; AND • Offer TWP services to the new spouse if that person is unemployed or underemployed. See Chapter 8 for further information regarding underemployment. Allowing this disregard of income and resources will encourage marriage and two-parent families and may provide the newly formed family an opportunity to establish a home and better surroundings for the children. The following minimum requirements must be met before disregarding the income. 1. The marriage must be the first marriage for the PI which occurs after October 1, 1999; 2. The marriage date must be verified; 3. An MDHS-EA-348, Request for Income and Resource Information for Stepparent/New Spouse, must be completed by the recipient; AND, 4. The worker must set a review date for the 6th month of the disregard. This is a one-time disregard and will be applied for 6 consecutive months. The following

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conditions must be reviewed before the worker can determine when to start the 6 month period. The household does not have to pass the gross income test to qualify for this disregard.

MISSISSIPPI [BUDGETARY PROCESS: GENERAL PRINCIPLES]

Revised 12-01-17

Budgeting When the Marriage is a Reportable Change (refer to “Reporting Requirements for TANF Households”, earlier in this chapter): If the income of the new spouse in combination with the household s income exceeds 185% of the need standard established at the most recent case review, the marriage would be a reportable change and subject to simplified reporting rules. This means the marriage should be reported no later than the 10th of the month following the month in which the change (marriage) occurred. If the client reports timely, the spouse will be added for the first possible month and the income and resources disregarded for 6 months. If the client fails to report the marriage timely, the worker will determine when the 6 month disregard should have started and if any months remain after adding the new spouse to the case. Only the remaining months would be eligible for the income and resource disregard of the new spouse. Budgeting When Marriage is NOT a Reportable Change: If the income of the new spouse in combination with the household s income does not exceed 185% of the need standard established at the most recent case review, the marriage would not be a reportable change. This means the client does not have to report the marriage until the next case review. The spouse will be added for the first possible month after the marriage is reported and the income and resources will be disregarded for 6 months. Once the worker establishes the time frame for the six month disregard, MAVERICS notice, A706, Marriage Disregard Notice, will be sent advising the PI that the new spouse will be added to the case but that this will not affect the TANF money payment for the appropriate number of months. The worker will code the new spouse with a relationship code of ANW@ and participation code of AOU@ for TANF. (The new spouse and his income would be added to an open SNAP case using the participation code of AIN@.) If the new spouse has income, the worker will use the code ANW@ on the EAIN or UNIN screen. This will allow the income to be disregarded in TANF but counted in an open SNAP case. If the client fails to report the marriage timely, the worker will determine when the 6 month disregard should have started. If any months remain after adding the new spouse to the case, only the remaining months would be eligible for the income and resource disregard of the new spouse. If the client reports the new spouse left the home during the disregard period, the marriage

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Revised 12-01-17

disregard ends with the next possible month and the recipient loses any future entitlement to this disregard. NOTE: The 60-month counter will be incremented during the disregard period. Individuals receiving the marriage disregard at the time the 60th month pays will not be eligible for any remaining months of their disregard. When the marriage disregard months end, the TANF case must be reviewed; a new MDHS- EA348 must be completed and the disregard of income and resources will be removed. If the addition of the spouse s income to the case at the end of the marriage disregard period causes case closure, the family does not qualify for the 3-month disregard. MAVERICS notice A415, Marriage Disregard Closure Notice, will be sent advising the recipient of the case closure and the reason for the closure. Processing the Marriage Disregard When the New Spouse is a Legal Parent: If the TANF parent marries the legal parent of a least one of the children in the TANF case and would be potentially eligible for the marriage disregard, the worker should first determine whether the family would qualify for TANF based on unemployed parent or incapacity deprivation factors. If the family is not eligible on either of these deprivation factors, the marriage disregard will be applied to the case without changing the deprivation code in the case until the end of the disregard period. Child Support Enforcement will be notified via the change reporting procedure for the MAVS-METTS interface system. At the end of the disregard period, the situation must be reviewed again to determine whether the child(ren) remain deprived based on incapacity or unemployed parent criteria. NOTE: If the new spouse who is a legal parent receives SSI, the disregard will not apply because he/she will not be a part of the TANF Assistance Unit based on the receipt of SSI. The deprivation reason should be changed to "IC". BUDGETING EARNED INCOME/SPECIAL DISREGARDS Earned Income Disregards are available when a TANF case is subject to closure due to earned income, if otherwise eligible, depending upon the specific rules for the applicable disregard. The first month of TANF ineligibility will be the month income is disregarded for both 6D and 3D, if reported timely. 6D/3D income will only be disregarded in a month in which the client received a money payment. Common characteristics of the 6D/3D disregards include the following:

MISSISSIPPI [BUDGETARY PROCESS: GENERAL PRINCIPLES]

Revised 12-01-17 • Must be a new job.

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• Disregard months must run consecutively • The disregards will not be received during the same period of TANF assistance. • Once it has been determined that an individual is eligible for the disregard, he/she must be contacted and given the option of taking the disregard. This is important since the 60- month time limit counter will be incrementing during the disregard period. (For 6D, send MAVERICS Notice A505-TANF 6-Month Total Earnings Disregard. For 3D, send MAVERICS Notice A506-TANF 3-Month Total Earnings Disregard.) • Individuals receiving 6D or 3D at the time the 60th month pays, will not be eligible for any remaining months of their disregard. Likewise, individuals who find employment in the 60th month will not be eligible for any of the earned income disregards. • If the individual loses the employment during the disregard period and reports it to the worker, the total earned income disregard period ends and cannot be resumed unless new employment is found within 7 days. Six Month Total Earned Income Disregard (6D) This disregard is available only once during the 60-month time limit for new TANF approvals and ongoing cases beginning July 1, 1997 and thereafter and covers all TANF adults who find a job of at least 35 hours per week at the federal minimum wage or higher either: • within 30 days after authorization for initial TANF approvals on or after 07-01-97 OR • within 30 days after the initial start date of the initial job readiness/job search work activity with the TANF Work Program (TWP) (This covers new approvals since 07- 01-97 and ongoing cases.) Once the individual begins the Job Readiness Activity (JRA) and fails to find employment within the 30 days, he/she loses the opportunity to receive to the 6-month total earned income disregard for the remainder of the 60-month time limit. Likewise, an individual who qualifies for the total earned income disregard by finding full-time employment within 30 days of initial authorization for TANF will not be eligible for the disregard again although they may be referred for job readiness at a later date. If the individual becomes employed, he/she must report the change based on their TWP status and simplified reporting rules. (See discussion of timely reporting below). The worker must obtain verification from the employer which includes the date of hire, work start date, employer name and address, pay rate and hours. The individual s date of hire must be within the 30-day time frame

although the actual work start date may begin later based on the employer s needs and payroll periods. In no case should this be more than a month after the verified hire date. If supportive services are needed in order for the individual to work full-time, refer the TANF recipient to the Case Manager. The 6-month total disregard must be consecutive months. There will be no work expense allowed Volume III | Chapter 6 6018 MISSISSIPPI [ BUDGETARY PROCESS: GENERAL PRINCIPLES ] Revised 12 - 01 - 17

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during the 6-month period of total earnings disregard. If the individual loses the employment during the 6-month disregard period and reports it to the worker, the total earned income disregard period ends and cannot be resumed when new employment is found. Exception: If the individual finds new full-time employment within 7 days, the disregard may continue. If the individual s work hours are reduced below 35 but not less than 30 per week by the employer after the total disregard period begins and this is verified by the employer as solely the decision of management and not at the request or voluntary choice of the employee, the total disregard may continue through the 6-month period. If both parents in a TANF-UP family find full-time employment within the allowable time frame, the total earnings disregard applies to all earnings for the 6-month period. When the total earned income disregard period ends and the TANF case closes because of earned income, the family should be notified of possible transitional services. (See Chapter 10, TANF Work Program Payment Process.) NOTE: The family cannot receive the 3-month income disregard when the 6-month disregards ends. NOTE: Once it has been determined that an individual is eligible for the disregard, he/she must be contacted via Notice A505 and given the option of taking the disregard. This is important since the 60-month time limit will be counting during the disregard period. Mandatory/Exempt Volunteer TWP cases and initial TANF approvals for individuals exempt from TWP have different timely reporting requirements to qualify for the 6-D total earned income disregard under simplified reporting rules. An individual is not eligible to receive the 6-month disregard if they have previously received the 3- month disregard. Timely Reporting for Mandatory/Exempt Volunteer TWP Cases: Note: Refer to “Reporting Requirements for TANF Households” earlier in this chapter. When the TWP participant is hired in a full-time job within thirty (30) days after initial authorization for TANF or after the initial start date of the Job Readiness Activity (JRA) the Volume III | Chapter 6 6019

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Revised 12 - 01 - 17 employment must be reported by the 10th of the month following the month in which the change (hire date) occurred to be considered a timely report. This reporting requirement applies to Mandatory TWP cases without regard to meeting or exceeding 185% of the poverty level for the household size. (See Chapter 7, Change Reporting.) If the client fails to report the change timely, the worker will determine when the 6-month disregard should have started and if any months remain after the employment is reported. Only the remaining months, if any, would be eligible for the disregard. EXAMPLES: • An individual applies for TANF and is approved on October 23rd and referred to TWP. She goes to the Case Manager on October 29th for orientation and assessment, and starts the Job Readiness Activity (JRA) on November 1st. She must find full-time employment by December 1st to qualify for the 6-month disregard. She starts full-time employment on November 16th. A timely report must be made by December 10th. November income does not cause ineligibility, but December income does cause ineligibility. Therefore, December-May become the total disregard months. The EAIN screen would be coded 6D. • Ongoing individual s child becomes 12 months old and she is referred to the Case Manager and starts Job Readiness Activity (JRA) for the first time on October 1. If she has not found fulltime employment by October 31st, she has lost the opportunity to receive the total disregard for the remainder of her 60-months. • Ongoing recipient was referred to TWP on November 1st. The Case Manager reviews his work- ready status and he begins Job Readiness Activity for the first time on November 12th. He has until December 12th to find full-time employment. The recipient starts full-time employment on November 29th but fails to report this to the Case Manager until January 17th. December s income causes ineligibility. Since the employment was not timely reported, the Case Manager will determine when the disregard should have started, in this case December-May. Since the first possible month the 6D can be applied is February, the client will only receive 4 of the 6 months total disregard. Timely Reporting for Individuals Exempt from TWP Cases: Reporting Requirement When Employment is a Reportable Change: If the income from the new employment meets or exceeds 185% of the need standard established at the most recent case review, the employment would be a reportable change and subject to simplified reporting rules. This means the new job should be reported

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Revised 12 - 01 - 17

no later than the 10th of the month following the month in which the income exceeded 185%. If the income will cause TANF ineligibility, the first month of the disregard will be the month the income would have made the individual ineligible for TANF benefits. If the client fails to report the change timely, the worker will determine when the 6-month disregard should have started and if any months remain after the employment is reported. Only the remaining months, if any, would be eligible for the disregard. Reporting Requirement When Employment is Not a Reportable Change: If the income from the new employment does not meet or exceed 185% of the need standard established at the most recent case review, the new job would not be a reportable change. This means the client does not have to report the employment until the next case review. EXAMPLES: 1. An individual applies for TANF and is approved on April 13th. She is exempt from TWP and has until May 13th to find full-time employment to receive the 6-month disregard. The recipient obtains a job working 35 hours a week on April 24th. The income from the new job exceeds 185% of the need standard for the household in May. Since this is a reportable change, she must notify the worker no later than June 10th. The client reports her new job to the worker on June 2nd and elects to receive the 6-month disregard. After verification is received from the employer, the worker will process the case allowing the total earned income disregard for May-October. 2. An individual is approved for TANF on July 22nd. She is exempt from TWP and has until August 21st to find full-time employment to receive the 6-month disregard. The recipient obtains a job working 20 hours a week on August 1st. The prospective income from the new job does not exceed 185% of the need standard for the household. Therefore, it is not a reportable change and should be reported at case review. Three Month Total Earned Income Disregard (3D) A 3-month total earned income disregard will be available only when the TANF case is subject to closure because of increased earnings and the individual is employed at least 25 hours per week at federal minimum wage level or higher. The recipient must not have already received the 6- month disregard (unless there has been at least a 12 consecutive month break in receipt of TANF benefits.) The 3-month disregard opportunity may be available more than once during the 60- month TANF maximum when the TANF case has been closed for at least 12 consecutive months before the family reapplies and is approved for TANF again. Once started, the 3-month

disregard will continue regardless of an increase in income. If the individual s work hours individual

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Revised 12 - 01 - 17 s work hours are reduced below 25 but not less than 20 per week by the employer after the total disregard period begins and this is verified by the employer as solely the decision of management and not at the request or voluntary choice of the employee, the total disregard may continue through the 3-month period. If the individual loses employment before the 3-month disregard ends and reports it to the worker, the total earned income disregard ends and cannot be resumed when new employment is found. Exception: If the individual finds new employment of 25 hours per week within 7 days of losing employment, the disregard may continue. He/she will not be allowed a new 3-month disregard period unless the case closes for at least 12 consecutive months. NOTE: Once it has been determined that an individual is eligible for the disregard, he/she must be contacted via notice A506 and given the option of taking the disregard. This is important since the 60-month time limit will be counting during the disregard period. Mandatory TWP cases and Exempt TWP cases have different timely reporting requirements to qualify for the 3-D total earned income disregard under simplified reporting rules. Timely Reporting for Mandatory/Exempt Volunteer TWP Cases: When the TWP participant has increased earnings working a minimum of 25 hours a week at federal minimum wage that will result in case closure, the increase must be reported by the 10th of the month following the month in which the increase occurred to be considered a timely report. This reporting requirement applies to Mandatory TWP cases without regard to meeting or exceeding 185% of the need standard for the household size. (See Chapter 7, Change Reporting.) If the client fails to report the change timely, the individual will lose part or all of the 3- month disregard. Once the worker determines when the disregard should have started, only the remaining months, if any, will be eligible for 3D. EXAMPLE: A mandatory TWP individual turns in her October check stubs to the Case Manager on November 9th to verify her time and attendance for October. The income has increased because her work hours have changed from 3 days per week to 4 days (32 hours per week). The increased income will close the case for December. The individual did not receive the 6- month disregard so she is eligible for the 3-month disregard. If the client elects to receive the 3D, the worker uses the TANF total income disregard type code 3D on EAIN for December. The 3month disregard period will be October-December.

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The TANF benefit will be terminated effective January and the individual will be offered Transitional Services. Timely Reporting for Individuals Exempt from TWP Cases: Reporting Requirement When Increased Earnings are a Reportable Change: If the increased earnings meet or exceed 185% of the need standard established at the most recent case review, the increase would be a reportable change and subject to simplified reporting rules. This means the increased earnings should be reported no later than the 10th of the month following the month in which the increase occurred. If the client reports timely, the income will be disregarded for the first possible month and totally disregarded for 3 months. If the client fails to report timely, the worker will determine when the 3-month disregard should have started and if any months remain after the change is reported. Only the remaining months, if any, would be eligible for the disregard. Reporting Requirement When Increased Earnings are NOT a Reportable Change: If the increased earnings do not meet or exceed 185% of the need standard established at the most recent case review, the increase would not be a reportable change. This means the client does not have to report the employment until the next case review. EXAMPLES: 1. Individual obtained new employment February 27th. Income from the new job exceeds the 185% need standard for the household size during the month of March, and the individual reports this change April 6th. The report was made timely, so the 3D will be for March-May. 2. Individual reports to her worker on April 3rd that she started working 4 days a week in February. Her income in February exceeded 185% of the need standard for her household and should have been reported to the worker no later than March 10th. If the client had reported timely, the 3D would have been allowed for February-April. Since the change was not reported until April, the 3D would not be allowed. The case will close effective May. The case record must be documented explaining the reason for 3D ineligibility. NOTE: Once a person has had either a 3-month (3D) or 6-month (6D) total earned income disregard, he/she cannot qualify for a subsequent 3-month earned income disregard until he/she

has gone a minimum of 12 consecutive months without TANF benefits. BUDGETING NET MONTHLY EARNED INCOME For families who qualify on the gross income test, the worker will proceed as indicated below. Earned Income Disregarded MISSISSIPPI [ BUDGETARY PROCESS: GENERAL PRINCIPLES]

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1. Special student disregard: At application or at the time he goes to work, disregard all of the earned income in both the gross and 100% test of each TANF dependent child (but not of a TANF payee) who is (a) a full time student, or (b) a part-time student but not a full-time employee unless attending school at least half-time. The exclusion shall continue to apply during temporary interruptions in school attendance due to semester or vacation breaks provided the child s enrollment will resume following the break. If the child s earnings or amount of work performed cannot be differentiated from that of other household members, the total earnings shall be prorated equally among the working members and the child s pro-rata share excluded. A child is a student when he is attending a school, college or university or a course of vocational or technical training which is designed to prepare him for gainful employment. Participation in the Job Corps program under the Workforce Investment Act (WIA) meets this definition. Consider 130 or more hours a month as full-time employment. Consider a child to be a fulltime student when he is enrolled in a full-time curriculum as defined by the school. Consider him to be a part-time student when his schedule is equal to at least one-half of a full-time curriculum offered in that school. A student s status during the prior school session determines whether he is considered a full-time or a part-time student unless he completes or discontinues his schooling. Individuals are considered children for purposes of this provision if they are dependent children under age 18 in the TANF case. This does not apply to the minor parent head of household. 2. Disregards for wage earners other than students: Disregard in the order set forth below from the monthly earned income of each individual, other than the students discussed above, whose needs are included in the eligibility determination:

MISSISSIPPI [BUDGETARY PROCESS: GENERAL PRINCIPLES]

Revised 12-01-17

a. Standard deduction of $90 for work expenses. b. Dependent care deduction which is the actual cost for the care of each dependent child or incapacitated adult living in the same home and included in the assistance budget. Exception: No deduction for any dependent care is allowable when the care giver is the payee s child or stepchild under age 21 or when the payee receives TANF for the care giver or if the dependent care is paid by a third party. Note: Any amount above what the third party pays can be allowed as a deduction. 3. If child care is paid other than monthly, the amount to be allowed in the budget can be calculated by multiplying by 4.33 if paid weekly and by 2.15 if paid bi-weekly.

(volume-iii)(page-471)Page 471#

2. Prepare a trial budget, using form MDHS-EA-323, TANF Budget Computation Sheet. Include the requirements of the relative, his non-SSI spouse, and any non-SSI minor children living with him. Enter the income of the relative, his non-SSI spouse, and his children when appropriate. Deduct allowable employment expenses ($90), from earned income in this trial budget. If a surplus results, the relative is not needy and cannot be included in the TANF budget with the child or children. If a deficit results, his requirements can be included, and his MAVERICS participation code should be IN. 3. In MAVERICS, enter all the income of the relative as for any other individual whose participation code is IN, if the relative does not have a spouse or minor children. If the relative has a spouse or minor children, the worker must make the following manual calculations before entering income into MAVERICS for the relative: a. Work a second trial budget, using form MDHS-EA-323. Include the needs of the spouse and minor children, but not the needs of the caretaker relative. Include the income of the relative, the spouse, and the minor children. Allow work expense deductions if earned income is involved and work the trial budget to determine the amount of a deficit or a surplus. If the spouse of a relative receives SSI but the relative was not converted in 1974, include in the second trial budget only the needs of any minor children and the

Volume III | Chapter 6

income of the relative and the minor children. Allow work expense deductions if earned income is involved and work the trial budget to determine the amount of a deficit or a surplus. If the second trial budget results in a deficit, there will be no income to be considered available to the relative in the TANF case in MAVERICS. Work the case in the system following normal procedures. If the second trial budget results in a surplus, the worker will: b. Determine the 100% need standard for the number of individuals coded IN in the MAVERICS case; i.e., the number including the caretaker relative. Divide the need standard by the number of individuals coded IN to determine the prorata share of the need standard. c. Subtract the amount of the prorata share of the need standard from the surplus income amount of the second trial budget. Any amount up to the prorata share of the need standard must be considered as income in its entirety to the relative in the gross 6100 MISSISSIPPI BUDGETARY PROCESS:SPECIAL BUDGETING PROCEDURES

Revised 07 - 01 - 06

(volume-iii)(page-472)Page 472#

income test in MAVERICS. Regardless of whether the income is earned or unearned, show the amount up to the prorata share of the need standard on the Unearned Income (UNIN) screen for the relative with a type code of OA. Work the case in the system as far as the gross income test. Print the UNIN screen and the gross income determination (AFGI) screen. If the MAVERICS case fails on the gross income test, the relative cannot be included in the budget group, and he must be coded OUT in the TANF program in the system. If the MAVERICS case is eligible on the gross income test and if the relative has earned income which was included in the surplus from the second trial budget, the worker must manually apply the disregard to the relative s earned income. The income remaining after the application of the disregard must then be entered in the MAVERICS case. On the UNIN screen, the worker should change the amount of the income previously considered in the gross income test to the amount remaining after the application of the disregard, and then work the case in MAVERICS to determine the amount of the benefit for the relative and the assistance children. This step is necessary because when a trial budget has been worked to determine the income to be considered available to the relative, the employment expenses will have been deducted from gross income for the trial budgets, and any disregard should be applied to the surplus from the trial budget.

6101 Volume III | Chapter 6

If the worker simply entered the relative s income as earned income, the system would deduct $90 work expenses the second time. 4. File the test budgets, including the UNIN and AFGI screen prints, in the TANF case record. Documentation, rather than a trial budget, is permissible when a sight review shows that the income of a single individual is less than his needs. WHEN RECEIPT OF SSI IS INVOLVED When a potential TANF or refugee budget member is applying for SSI, refer to Chapter 7, Special Procedures, and follow the required procedures. When one parent is receiving SSI and the other parent is not receiving SSI or not included as a spouse converted to SSI in 1974, include the income of the non-SSI parent in the TANF or refugee budget along with his requirements. Do this even when SSI has deemed all or part of this parent s income to the SSI beneficiary. For cases including only children receiving SSI, the income and resources of the SSI child(ren) will be totally disregarded. The system will disregard this income and resources when the participation code is SS. WHEN WORKING PARENT TEMPORARILY OUT OF HOME MISSISSIPPI BUDGETARY PROCESS:SPECIAL BUDGETING PROCEDURES

Revised 07 - 01 - 06

(volume-iii)(page-473)Page 473#

When a parent of TANF children has a temporary plan for working away from the home in which the children live, determine whether he/she retains parental control and supervision as discussed in Chapter 3, Temporary Separations. If he does and the plan is temporary, the benefit will be continued in the name of this parent as payee. If there is no plan for the payee and children to live together and another relative must assume responsibility for the children, that relative must apply for the children. See Chapter 3, Emergency Situations, if necessary. When an absent working parent does qualify to be included in the budget with his children, the worker will: 1. Code the parent IN for TANF and work the case as if the parent were in the home, entering the parent s income as usual. The system will allow work expenses and the earned income disregard, if applicable.

6102 Volume III | Chapter 6

2. Designate the needy caretaker relative, if any, as the protective payee according to policy set out in Chapter 3, Choice of Needy Caretaker Relative. MINOR MOTHER BUDGETING Based on minor mother criteria, when an unmarried minor who is living in the home with her parents has a child for whom she requests assistance, follow one of the budget plans below. • If the minor is included in an existing TANF case, the PI must apply for the addition of this child to that case, with the minor mother s parent or caretaker relative remaining as payee. The minor mother continues to receive benefits as a dependent child as does her own child. • If the minor is not currently included in an existing TANF case, the parent or caretaker relative must apply for TANF benefits for the minor parent and her child. All TANF regulations and requirements will apply including Assistance Unit Policy. • If the legal father of the minor mother's child is living in the home and there is no incapacity or unemployed parent requirements do not apply, the child is not deprived. Deem the legal father's income, after earned income expenses, if any, as available to the minor mother and the TANF unit after allowing for his and his child's needs. • If the minor mother's child is deprived, he is eligible as a child in the TANF unit. Also include the child's legal father's needs and income in the budget computation if he is in the home, and certify him for TANF as the legal parent of a child in the TANF budget The above procedure also applies if the legal father is a TANF child and living in the home of his MISSISSIPPI BUDGETARY PROCESS:SPECIAL BUDGETING PROCEDURES

Revised 09 - 01 - 10

(volume-iii)(page-474)Page 474#

parents. See Chapter 3, page 3000 and page 3102 for more information regarding Minor Mother Criteria. STEPPARENT SITUATIONS A stepparent is an individual who is ceremonially or legally married to the parent of the stepchildren. He is expected to be living in the home with the family except for the usual temporary absences, such as hospitalization or absence for work purposes.

Volume III | Chapter 6

Deeming Procedures When a non-S SI stepparent lives with the assistance children and is not requesting or receiving TANF benefits for his own children nor his stepchildren, the worker will: 1. Use form MDHS-EA-348, Request for Income and Resource Information for Stepparent/New Spouse, to secure a signed statement from the stepparent and/or the spouse regarding the stepparent's income, resources and any deductions to be allowed from the stepparent's income. The payee, not the stepparent, is responsible for supplying necessary information; hence, the stepparent's signature on the form is helpful but not required. Reject or terminate assistance if the payee is unable to secure or assist in securing the necessary information. See Chapter 5, RESOURCES, regarding Broad-Based Categorical Eligibility. 2. Use regular procedures to verify the stepparent's income, resources, claims of income tax dependency, and contributions. Accept the stepparent's or individual's statement regarding individuals he could claim as dependents under Internal Revenue rules unless the worker has a basis for doubting the claim. Handle lump sum payments received by a stepparent. According to policy set out in Chapter 5, Resources to be Included, and this chapter, Special Budgeting Procedures. 3. Make a trial budget including the needs and income of the stepparent and any individuals in the home who are or could be claimed by the stepparent as his dependents for federal income tax purposes. Do not include any sanctioned individual. See below for special procedures when the stepparent's own children have income which exceeds their needs EXCEPTION: Do not include the needs of the spouse and assistance children in the trial budget. Include only the stepparent's gross income less the following: 6103 MISSISSIPPI BUDGETARY PROCESS:SPECIAL BUDGETING PROCEDURES

Revised 09 - 01 - 10

(volume-iii)(page-476)Page 476#

6105

MISSISSIPPI

BUDGETARY PROCESS:SPECIAL BUDGETING PROCEDURES Revised 09-01-10

b. Payments by the stepparent of alimony or child support to individuals not living in the home. Count only amounts actually paid even though a court order may be for larger or smaller amounts. (Note that the stepparent need not claim such individuals as dependents for federal tax purposes.) NOTE: When a payee marries after approval of TANF and the marriage disregard does not apply, only the income that the stepparent receives after the marriage date will be considered as the amount from which income is deemed for the month of marriage. For instance, on April 15 a payee marries an individual whose regular weekly income is $150. He/she has received $150 on April 6 and $150 on April 13. The amount of income to be considered as available to the TANF family after April 15 is $300, that is, $150 on April 20 and $150 on April 27. Compute the amount of income to be deemed from this $300 for April, the month of marriage, less the stepparent disregards. Consider the resources, other than vehicles, accumulated by the stepparent since the marriage as available to the parent of the assistance child(ren) in the determination of eligibility for TANF. The amount available to the parent (plus the parent's own resources, if any) is the amount to be entered in the system. See Chapter 5, RESOURCES, regarding Broad-Based Categorical Eligibility. If the trial budget described in Item 3 results in a surplus, deem this surplus income to the assistance unit, which consists of the stepparent's technically eligible spouse, who is the parent of the assistance children, and the assistance children. Include this amount and any income of the parent and children in the gross income test. If the assistance unit is determined eligible on this financial test, include the deemed amount from the stepparent as well as any income of the parent and children, after deducting the appropriate disregards, in the budget. MAVERICS will handle this situation when instructions outlined in Volume X are followed. In some cases a stepparent's own children may have enough total income of their own, such as social security benefits from a deceased parent, which exceeds their prorata share (need standard divided by the number of individuals in the budget, multiplied by the number of stepparent's own children) of the budgetary requirements of the trial budget group. When this situation occurs, include only the portion of their income required to meet these needs. Do not include any of their surplus income in the amount to be deemed to the stepparent's spouse. See Volume X, for instruction

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BUDGETARY PROCESS:SPECIAL

MISSISSIPPI BUDGETING PROCEDURES

6106

for handling this situation in MAVERICS.

Volume III | Chapter 6

This principle also applies to the deeming procedure when a sibling of a minor mother (who has applied for her own child) has income which exceeds his own (the sibling's) needs in the trial budget with the minor mother's own mother. See Volume X, for MAVERICS instructions. When the stepparent requests assistance for children of his own, follow normal budgeting procedures. Refer above for situations in which separate budgets should be prepared. If the stepparent and his children are ineligible, the application should be denied. At that point, the stepparent should be added to the case of the assistance group in the system. The system will then determine the surplus income of the stepparent to be considered available to the assistance group. Lump Sum When lump sum income is received by a stepparent whose income is considered in the eligibility process, add together the stepparent's net monthly income and the net lump sum, as determined by the procedure set out, to establish the stepparent's monthly income for the month in which the lump sum is received. After following the procedures set out above, the family will be ineligible for this month if the addition of the countable income from the stepparent's lump sum creates a budgetary surplus. NOTE: If the lump sum was received in a month prior to the CURRENT month of the TANF case in MAVERICS, this calculation must be manually completed for the month in which a lump sum was received and a claim completed reporting any overpayment. For subsequent months, consider any amount of the remainder of the lump sum which the stepparent may have retained as cash reserve belonging to the stepparent. Do not consider this amount in determining eligibility for the TANF assistance unit except to the extent actually made available to them. NOTE: See Chapter 5, RESOURCES, regarding Broad-Based Categorical Eligibility. MISSISSIPPI BUDGETARY PROCESS:SPECIAL BUDGETING PROCEDURES

Revised 09 - 01 - 10

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BUDGETARY PROCESS:SPECIAL

MISSISSIPPI BUDGETING PROCEDURES

6107

Remember, however, that one-half of the resources of a stepparent is considered available to his spouse, and the amount of the spouse's portion of his cash reserve may result in ineligibility for the TANF budget group until the cash reserve is within the maximum. The income and resources of a TANF parent must be considered available to the children for whom assistance is being requested or received. Do not allocate income of the assistance parent to meet the needs of technically ineligible children born to the current union of the parent and stepparent.

Volume III | Chapter 6 Revised 09-01-10

If one of the parents is incapacitated, is sentenced to work without pay, or meets the definition of an unemployed parent (UP) and deprivation does exist for the children of the current union, follow budgeting principles set out earlier in this material. When a stepparent requests assistance for his stepchildren and wishes his needs included in the budget, work the case in MAVERICS as if he were the own parent, including the stepparent as the PI and entering his resources and income. The system will allow the income disregards as for any other individual whose participation code is IN. When Legal Parent Is Absent When a stepparent requests assistance for his stepchildren and wishes his needs omitted from the budget, his income must be handled as set out above for stepparents. Note that a stepparent living in the home cannot choose to have his income disregarded even though the legal parent is absent from the home. In this situation, the stepparent's participation code in MAVERICS must be ST. FOR ALIENS HAVING INDIVIDUAL SPONSORS Qualified aliens who have a sponsor who signed the affidavit of support prior to December 19, 1997, will have deeming procedures calculated for three years to determine countable income. (See guidelines set out below.) If Form 1-864, INS Affidavit of Support, was signed on or after December 19, 1997, all income and resources of the sponsor and their spouse will be considered until the alien has worked 40 qualifying quarters of coverage or becomes a naturalized citizen. See Chapter 5, RESOURCES, regarding Broad-Based Categorical Eligibility. 6106

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BUDGETARY PROCESS:SPECIAL BUDGETING PROCEDURES 6109

MISSISSIPPI

Revised 09-01-10

a. Deduct from the gross earned income (wages, salaries or net earnings from self employment), 20% of the total of such amounts or $175, whichever is less. b. Deduct the amount that the sponsor and/or his spouse pays to individuals outside the home who are claimed as dependents for Federal income tax purposes. c. Deduct any amount paid by the sponsor and/or his spouse for child support or alimony to individuals living outside the home. d. Work a trial budget using the standard requirements for the number of individuals living with the sponsor who are claimed by him and/or his spouse as dependents for Federal income tax purposes. e. When this budget results in a deficit, the sponsor has no surplus income to deem to the alien. f. When the budget results in a surplus, add the surplus to the alien's other income, if any, and budget as for any other TANF case. (The deemed amount will be the amount to add to the gross income for the gross need test, and, if eligible on gross, in the 100% test, as in a stepparent situation.) FOR TANF-UP CASE WHEN PWE RECEIVES UB The parent determined to be the principal wage earner (PWE) in a TANF-UP case must apply for and accept any unemployment compensation benefits (UB) for which he is eligible. UB are not, however, budgeted as unearned income. Rather, the TANF benefit is calculated without using the PWE's UB. The UB is then subtracted from the benefit amount and the deficit, if any, is paid as the benefit. When the PWE in a TANF-UP case receives UB, the worker will: 1. Test the family's eligibility prospectively using these steps: a. Test the family's total income from all sources against the gross (185%) need standard. If ineligibility is apparent at this step, close or deny the case. b. If there is a "deficit or equal" amount, work a net (100%) test budget using all the income except the UB received by the PWE and allowing appropriate earned

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BUDGETARY PROCESS:SPECIAL

MISSISSIPPI BUDGETING PROCEDURES

Revised 07-01-19

income deductions and disregards. Include any UB received by the other parent. Calculate a "test benefit amount." c. Subtract the PWE's UB from the "test benefit amount." If there is a surplus or the amounts are equal, the family is not eligible. If there is a deficit, proceed. 2. If the family is eligible for a TANF-UP benefit, the family must be notified of the benefit amount by sending the appropriate MAVERICS notice. a. If the family is eligible for a TANF-UP benefit of a least $10.00, authorize the benefit. b. If the family is eligible for a TANF-UP benefit of less than $10.00, no benefit will be paid. FOR DISQUALIFIED INDIVIDUALS For individuals included in the assistance unit who for any reason must be disqualified, the correct participation code (DI, DF, or DC) must be entered on SSDO. MAVS will consider the resources owned by the disqualified individual as available to the assistance unit in their entirety. See Chapter 5, RESOURCES, regarding Broad-Based Categorical Eligibility. An individual disqualified due to fraud or a felony conviction will have a participation code of DF and their income will be counted in the budget. A fleeing felon, individuals convicted of Federal aggragated sexual abuse, murder, sexual exploitation and abuse of children, sexual assault, or similar state laws and in noncompliance with the terms of their sentence will have a participation code of DF and their income will be counted in the budget. For individuals coded DF for fleeing felon, parole violation, enumeration, school attendance (13-17 year olds), or untimely reporting of a TANF child leaving the home, their prorata share of income will be used in the budget. An individual disqualified due to noncooperation with child support enforcement will have a participation code of DC and the case would be closed. EXAMPLE: An assistance unit of three, with the PI disqualified (DI), will use two-thirds of the income in the budget. Volume III | Chapter 6

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MISSISSIPPI

BUDGETARY PROCESS: SPECIAL BUDGETING PROCEDURES

Revised 07-01-0610-01-21

in which the application is being approved may have already been paid directly to the individual before a decision is reached on the application. Passed-through child support will not be counted in the TANF budget. The passed through child support will be disregarded in determining the TANF budget.

1. Budget child support received as countable income in the TANF budget. This income will be entered on UNIN using the CR income type code. The Child Support income should be counted in the TANF budget until the case is converted to IV-D. 2. When the applicant is found eligible in the current month for benefits in that month set up the case as a IV-D case effective the first day of the following month. For example, if the applicant is eligible for August TANF benefits, in most cases the caretaker relative will have already received the child support payment for August. Authorize the TANF benefit for August based on the same income used in the 100% test budget which includes the countable support obligation. August will be the initial benefit month. Set up the case as a IV-D collection case for September. The income code on UNIN should be changed from CR to CA, which the system will use only to test the case for eligibility. 3. The referral to Child Support will be made with the approval of the TANF case with September as the first IV-D month. Any collections made in September will be recovered by IV-D and only the excess will be paid to the recipient. That excess, if any, paid to the recipient will not be used in the TANF budget unless it can be reasonably anticipated to continue during the review period. The part of the income received by the client should be coded as CR and the balance of the collection amount as CA in order for the system to properly test eligibility. Budgeting Support in Active Cases The Child Support collections made on behalf of a TANF family AU with an active case will be used to test eligibility.except the portion of child support that is passed through to the AU. If eligible, only the excess current paid directly to the family AU will be entered in the budget as

(volume-iii)(page-485)Page 485#

income (no child support amounts passed-through will be included in the budget). However, when an individual in an active TANF case does not cooperate, or changes occur in an active case, process as indicated below.

1. When the payee refuses to cooperate in turning the support payments over to the agency and continues to keep the payments, the TANF case will be closed. The TANF Federal and State laws strengthen Child Support Enforcement requirements, effective July 1, 1997. TANF assistance will be terminated for the family who fails without good cause to cooperate with Child Support Enforcement activities to establish paternity and to obtain support. If the TANF case is closed because of failure without good cause to cooperate with the Division of Child Support Enforcement, the family will not be approved for TANF. 2. again until child support compliance is verified, the family becomes exempt for good cause or the family is no longer subject to the child support requirement that caused the sanction. 3. When a change occurs in a group receiving support, the worker will initiate action in the system to: a. Compute a trial budget and compare the current countable child support and other income received in the budget month with the gross and 100% need standards for that budget month. If a deficit results in the 100% budget, no further steps are necessary. But, if there is no deficit in the 100% budget and the needs are met, the TANF benefit should be terminated for the next possible month. a. Follow normal procedures for sending advance notices and authorizing closures or changes on cases that will remain active. And, in addition, the worker must: b. Notify county Child Support staff of the effective date of any closures and of any changes on cases remaining active. See Chapter 3, Notifications, for changes which should be reported. NOTE: The MAVS/METSS interface will handle this notification

MISSISSIPPI [ BUDGETARY PROCESS: SPECIAL BUDGETING PROCEDURES]

Revised 07-01-0610-01-21 -

(volume-iii)(page-487)Page 487#

In addition to the ongoing monthly comparison of TANF payments with the current collection amount (up to the obligation) to determine the excess current payment amount, any unrecovered assistance payments (TANF and/or AFDC) from prior benefit months will also be recovered. Any remaining difference will be paid to the family as excess current . TANF recovery can also occur for unrecovered assistance payments after the TANF case closes. After TANF closure, the unrecovered TANF/AFDC amounts can be recovered from any child support collections in excess of current obligation amount.

Handling Cases with IV-A Overpayments When Child Support is Involved

When it is discovered a client received a IV-A overpayment, the worker will request from the IVD worker the amount of IV-A recovery for the month(s) of the overpayment. The IV-D worker can access this information via the PFIN screen in METSS. The IV-A worker will compare the amount of IV-A recovery to the amount for which the client was eligible for each month of overpayment. If the IV-A recovery amount is equal to or less than the amount for which the client was eligible, a TANF claim will be completed in MNCLMS for the total amount of the overpayment. If the IV-A recovery amount exceeds the amount to which the client was eligible, the excess amount will be deducted from the overpayment amount. This is accomplished by contacting the Claims Unit after the claim is prepared. A staff member of the Claims Unit will adjust the amount of the claim to reflect the IV-A recovery amount. The narrative section of the claim should be documented as to the amount of IV-A recovery verified by IV-D.

Example: A client received $170 TANF for March - August. At reevaluation, she reports she went to work April 1 and her earnings exceeded 185% of the need standard. She was not eligible for any of the earned income disregards, due to having previously received them. This change should have been reported by May 10th. Her TANF case would have been closed for June 1. There are overpayments of $170 for the months of June, July and August. During the course of preparing the claim, the IV-A worker contacts the IV-D worker who verifies IV-A recovery of $0 for June, $100 for July, and $120 for August. The amount the client was actually eligible to receive was $0, therefore the entire $170 is reported as an overpayment for the month of June. Since $100 of the $170 the client received in July was recovered by a child support collection, the actual overpayment to report is $70 for July. For the month of August the overpayment amount to report is $50, $120 of the $170 the client received was recovered. The total amount of the overpayment is $290 for June - August. MISSISSIPPI [ BUDGETARY PROCESS: SPECIAL BUDGETING PROCEDURES]

Revised: 07-01-0610-01-21 -

(volume-iii)(page-490)Page 490#

EXAMPLE: A household member goes on strike June 6 and the household applies for TANF on June 7 and reports a savings account of $1800. The worker asks the household if the balance in the savings account was $1800 as of June 5, the day prior to the strike. The household states that $600 was withdrawn from the account on June 6 and the balance in the account on the day prior to the strike was $2400. Therefore, the household is denied because it was ineligible based on resources the day prior to the strike. If the household does not meet the PRE-STRIKE eligibility test, the worker should either deny the application or terminate benefits. Ongoing policy should be applied to those households which meet the PRE-STRIKE eligibility, with one exception; the treatment of the strikers income. The striking members income before The strike should be compared to the striking member s current income. The higher of the two should be added to the current income of the nonstriking members during the month of application. EXAMPLE: The striking members monthly income before the strike was $800 wages and $25 from an investment (total $825 monthly). The strikers current monthly income is $25 from the investment and $200 from part-time employment (total $225 monthly). The higher of the two ($825) should be added to the income of the nonstriking household members to determine current eligibility and allotment. CURRENT ELIGIBILITY Ongoing policy should be applied to those households which meet the PRE-STRIKE eligibility, with one exception; the treatment of the striker’s income. The striking member’s income before the strike should be compared to the striking member’s current income. The higher of the two should be added to the current income of the nonstriking members during the month of application. EXAMPLE: The striking member’s monthly income before the strike was $800 wages and $25 from an investment (total $825 monthly). The striker’s current monthly income is $25 from the investment and $200 from part-time employment (total $225 monthly). The higher of the two ($825) should be added to the income of the nonstriking household members to determine current eligibility and allotment.

Volume III | Chapter 6

6132 MISSISSIPPI BUDGETARY PROCESS: SPECIAL BUDGETING PROCEDURE

Revised 07 - 01 - 06

(volume-iii)(page-504)Page 504#

Volume III | Chapter 7 7001

until benefits are authorized and/or notice of denial is mailed to the applicant. At any point in the process, the applicant may decide to withdraw his request. HANDLING INQUIRIES AND REFERRALS From Individuals in State When someone seeks information about receipt of assistance payments, the worker should: 1. Determine whether the inquiry or referral is a potential application by offering to formalize an application. 2. Supply the information, document the conversation, and send a copy to the correspondence file when an application is not desired or the individual making a referral states that the potential applicant is unaware of the referral. Explain that follow-up will be made only when the county department is made aware that the individual himself recognizes his need and desires an application. 3. Take an application if the request is made to county staff or out stationed worker during official office hours. 4. Mail pages one and two (Part I) of MDHS-EA-900, MDHS Application for Assistance, informational pamphlet(s), and form MDHS-EA-300, Rights of Applicants and Recipients, to a potential applicant living in the county who calls or writes the county office requesting assistance or who has been referred by state office or by someone who states that the potential applicant is aware of the request. From Individuals Out-of-State When a request for assistance is made by an individual living or visiting out-of-state, write the individual making the inquiry or referral informing him that an application cannot be formalized until he is living in the state or, for TANF purposes, established intent to live in the state. Instruct him to contact the local county Economic Assistance Office when he arrives in the state if he wishes to apply. Tell him also that he will need to supply documentation from the agency in the other state verifying that he did not receive or will not continue to receive assistance from the state from which he is moving. This information will also provide the contact point to verify countable TANF benefit months from the other state. MISSISSIPPI [ ELIGIBILITY DETERMINATION PROCESS: THE APPLICATION PROCESS]

Revised 05 - 01 - 15

(volume-iii)(page-505)Page 505#

Volume III | Chapter 7

FORMALIZING AN APPLICATION Right to Apply Under State law, applications must be formalized in the county in which the individual resides. Under both federal and state law, an individual must be given the opportunity to apply without delay and to have his eligibility determined in a timely manner (within the standard of promptness). State law has set the timeliness standard as approval or denial of the application within 30 days.

Places to Apply In County Office - When an individual visits a county office during official working hours for the purpose of applying, he has the right to formalize an application on that same day. If an eligibility/intake worker is unavailable for an interview that day, a clerical worker will: 1. Explain that an interview with an eligibility worker will be required and the reason for the delay in the interview. 2. Briefly explain the applicant's rights and responsibilities and give him Part I of MDHS-EA900, the MDHS-EA-300 Rights of Applicants and Recipients, and appropriate informational pamphlets. 3. If the applicant completes Page 1 of MDHS-EA-900 in the office, review the form to be sure it contains proper identifying information and the applicant's signature. Encourage the applicant to complete Page 2 at the time of application. Pages 3 and 4 can be filled out at the time of application or returned at the time of interview. 4. Make an appointment within 10 days for the applicant to see an eligibility worker. Due to certain hardship circumstances, a telephone interview with the applicant may be granted. See provisions under “Initial Interview” later in this chapter. 5. Date stamp the application and register it for the date received to set the 30-day processing period. Online – Individuals may file an application by submitting the application form online at www.mdhs.state.ms.us . In addition, applications containing a handwritten or electronic signature online application transmitted by fax or other electronic transmission are acceptable and MISSISSIPPI [ ELIGIBILITY DETERMINATION PROCESS: THE APPLICATION PROCESS]

Revised 07 - 01 - 17

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considered valid applications. In Other Places - Eligibility staff of the county department or an out stationed worker on official duty are authorized to accept applications outside the county office. A request may come while a worker is interviewing in a branch office or in the home of an individual. In some instances, the worker will go to the home, hospital, or another place to take an application for an individual who is incapacitated and unable to visit the county office. Upon returning to the office, the worker will follow regular procedures for registering and handling of the application. Requests made to a worker on the street or while the worker is not on duty or made in some other informal manner should be handled by letting the individual know the address and office hours of the county department and the individual's right to apply there. INITIAL INTERVIEW Requirement At least one interview with the legal parent or the grantee relative must be held during the TANF application process. A second parent may be interviewed when there are two parents in the home, but an interview with the second parent is not mandatory. However, the second parent must sign the application form and complete the MDHS-EA-312, Personal Responsibility Contract. Normally the interview will be held in the county office but may be held in the home or another place based on circumstances. On a case by case basis, a telephone interview may be granted in situations where the caretaker relative is unable to come to the office due to hardships such as, but not limited to, illness, care of a household member, hardships due to residency in a rural area, prolonged severe weather, or work or training hours which prevent the caretaker relative from participating in an in-office interview. Waiver of the face-toface interview does not exempt the household from providing all necessary verification requirements as outlined later in this chapter. The initial interview appointment will be scheduled no later than 10 days from the application date. The applicant must be told that it will be his responsibility to request an appointment to be rescheduled when he is unable to keep the initial appointment. If the applicant fails to keep the interview appointment and does not contact the office to arrange another interview, the application will be denied.

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Assistance in Providing Information The applicant is the primary source of information about the eligibility of himself or the budget group; however, all eligibility factors must be verified and other sources may be contacted. The applicant has the right to the assistance, if he desires, of an individual of his choice in the various aspects of the application process. Also, the county eligibility worker must make a reasonable effort to assist an applicant who is incapable of understanding or following through on his role of establishing eligibility by: 1. Determining whether there is some family member or close friend who can understand the steps normally required of the applicant and who will take over for him. If so, the worker will explain to this individual what is needed and the time limits within which it must be furnished. 2. Take steps for the applicant when there is no one else who can assist him. The decision as to the worker's responsibility for follow-up depends upon the individual circumstances of the applicant and the type of follow-up required. Explanations Required The worker must clearly explain to the applicant: 1. The eligibility requirements for the type of assistance involved. Informational pamphlets must be provided to the applicant 2. That he may choose the program under which he will apply. The worker must clearly explain the advantages of all benefits/programs to the applicant. 3. The agency's standard of promptness in acting on applications and the date that a notice of denial or benefit availability can be expected. Emphasize that the more promptly the individual responds with all requested information, the sooner the application can be completed. The Mississippi Debit MasterCard Program Recipient Information Sheet, MDHS-EA-303A, should be given to the applicant. 4. An individual's right to a fair hearing and the procedure for requesting a hearing. The MDHS-EA-304, Hearings Pamphlet, should be given to the individual.

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5. The method of establishing eligibility including: a. The use of documentary and other records for verifying factual data. Contacts may be made with relatives, other agencies, employers and others as necessary. Explain the need for a birth certificate or other documents to establish date of birth and relationship to the caretaker relative and provision of the Social Security number in order to comply with the enumeration requirement. b. The use of Social Security account number to match with the Income Eligibility Verification System (IEVS) to obtain information from the Social Security Administration, Employment Security Commission, and Internal Revenue Service. c. The types of information the agency will have to obtain from him or others for determining initial or continuing eligibility, including income and resources. Information not verified during the interview should be coded in MAVERICS as pending by using “PE” and a date in the verification field. The date should be set for 10 days from the date of the request for information. The worker should send MAVERICS Notice A301, or the manual form MDHS-EA-942, Request for Information (if MAVERICS is not operating), to remind the applicant of verification he is expected to submit. If the manual request for information is used, be sure to document in MAVERICS with the A000 notice to history. d. The purpose of form MDHS-EA-900, MDHS Application for Assistance and the fact that there are penalties for misrepresentation of facts. e. The responsibility for reporting promptly certain changes in circumstances that affect eligibility. Give examples of changes to be reported (PI moving out of state and 5-day reporting criteria). See Chapter 7, Changes. f. The necessity for regular redeterminations and the possibility of special reviews by eligibility staff and a full review by Quality Assurance staff. 6. That TANF benefits are limited and the family may wish to request closure of the TANF case when the benefit is not a necessity in order to prevent using up months countable toward the 60-month lifetime maximum.

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7. That each applicant for or recipient of TANF benefits must sign a MDHS-EA-312, Personal Responsibility Contract acknowledging his/her responsibilities to the State. 8. That TANF benefits will be denied or terminated for any family who fails to assign rights of child support to the State (MDHS-EA-941) or who fails without good cause to cooperate with activities required to establish paternity or obtain child support. 9. That the TANF benefit will be limited to children existing at the time the family is first approved for assistance or born within the first 10 months of benefits, unless the child meets an exemption. 10. That all dependent children ages 6 through 17 years must attend school satisfactorily to avoid sanctions on the TANF grant and food stamp benefit amount, unless good cause is met. 11. That all TANF dependent children must be immunized as recommended by the Department of Health to avoid case sanctions, unless there is good cause. 12. The method of maintaining benefits, reporting problems with availability of benefits and receipt of debit cards. 13. The facts that the use of the benefit is generally unrestricted and that the agency complies with the Civil Rights Act of 1964. See Chapter 7, Payment Process, for restrictions on benefit use. 14. Services for which the individual or family may be eligible, such as family planning, SNAP, TWP, WIC, Vocational Rehabilitation, and child support. Explain the applicant's responsibilities for such services. Give him/her all appropriate forms, pamphlets and referrals, including but not limited to: Form MDHS-EA-941, Notice of Child Support Enforcement, and the child support payments for a TANF child must be designated to come through IV-D and that cooperation with Child Support staff is a requirement for all programs and child support payments for a TANF child must be designated to come through IV-D. This form must be completed by the recipient at application, reapplication, adding a child to the case, or after an alleged father has been excluded through genetic testing and the recipient must name another alleged father. 15. TANF Work Program requirements as outlined in Chapter 3. This explanation should include TANF Work exemptions including the requirement for non-exempt TANF MISSISSIPPI [ ELIGIBILITY DETERMINATION PROCESS: THE APPLICATION PROCESS]

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2. Gathering social information regarding the incapacity of a parent, problems for which referrals are appropriate, etc. 3. Gathering information that the applicant failed to provide, either willfully or unintentionally, or was unable to give in the initial interview. For example, failure to find the payee at home may result in a finding of employment, or the visit may allow for securing verification that the applicant has obtained employment since the office visit. 4. Observing whether or not the children live in the home with the grantee relative. The

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worker does not have to see the children but must ascertain, either through discussion, observation, or other sources, that the children are under the control and supervision of the grantee relative. If a home visit is to be made, the worker can usually schedule it while talking with the individual. An appointment is preferable but is not required. Verifications All eligibility factors must be verified prior to approval of an application. To Be Secured by the Applicant Individuals who are capable of providing or obtaining verifications are expected to assist in the eligibility process by obtaining verifications available to them. When possible, documents which the individual has in his possession should be used. For example, the applicant may have birth certificates of children, an award letter from the Social Security Administration, check stubs from an employer, etc. In other instances, the applicant may be able and willing to obtain verifications which are not in his possession, such as a statement from his employer or the individual who provides child care. Explain the verification requirements to the applicant during the interview and provide written documentation by use of MAVERICS Notice A301, TANF Pending Application Notice, or form MDHS-EA-942, Request for Information (if MAVERICS is not operating). If the manual request for information is used, be sure to document in MAVERICS with the A000 to history. Remind him that the application cannot be approved without all required verification. Allow the applicant 10 days to submit verifications he has agreed to provide.

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appropriate if the required information is not received by the 30th day and eligibility cannot be established. To Be Secured by the Worker If the applicant cannot provide sufficient evidence as needed, the worker should offer to help in obtaining data and securing verifications. This is especially true for individuals who are incapable of providing information due to physical or mental limitations. Refer to instructions regarding the worker's responsibility for assisting such people. In the initial interview, the worker should explain to the individual the specific sources to be consulted, if known at the time, and also tell the applicant that other sources will be consulted as necessary. The application form signed by an applicant provides consent that allows the Department to verify all factors of eligibility and to share information with the school district. Individual consent is unnecessary to contact an outside source, unless the outside source, such as a bank, requires written permission from the applicant. The worker will use outside references only when necessary to gather information required to establish eligibility and will protect the confidentiality of the individual or assistance unit in performing this task. Specific methods for documenting eligibility factors are contained in this volume in the discussions on the various eligibility factors. Refer to the Generic Forms Manual for forms to be used for securing verifications. Evaluating Information The worker must: 1. Review previous, as well as current, information for completeness and accuracy. Previous case records on the applicant or family may contain clues to information not included on current forms, such as property owned, bank accounts, etc. The worker should find out what has happened to assets reported previously, but not currently, by asking the applicant for an explanation and by checking records, when necessary.

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2. Resolve promptly any conflicting information and make a decision regarding the information to be considered valid. 3. Be alert to inconsistencies in information and use the legal concept of the "prudent" or Volume III | Chapter 7 Revised 07-01-17

"reasonable" man. This concept refers to the element of judgment that must be exercised by all individuals in making choices, determining goals, evaluating statements by others, and the like. When the worker finds some of the applicant's statements questionable, the worker must evaluate the statements and ask the applicant to make a reasonable explanation of the contradictions and/or assist in seeking further information. Some examples of the use of this concept in questionable information are: a. When an applicant reports no bank account but pays bills by checks or has a joint bank account. b. When an individual reports a sudden loss of resources previously owned or has disposed of a resource previously in his possession, the worker should seek a reasonable explanation for such reported losses or transfers. Refer to Chapter 5, Transfer of Resources, for instructions regarding transfers in order to qualify. Use facts, reason, and judgment in determining the veracity of statements about losses. c. When an individual states that he has no income or resources and that his shelter, utility, food, etc., payments are current, the worker should seek further information or a logical and reasonable explanation. The worker will ask the individual how he has managed to pay his expenses when he has no income or resources. There may be a logical and reasonable explanation, such as a recent loss of income or credit or cash reserve being depleted recently. When the individual can offer and substantiate no logical and reasonable explanation as to how living expenses have been met and offers vague explanations, such as "I just get by," eligibility cannot be determined. Document the case record and deny the application in such a situation. INTERFACE INQUIRIES PUBLIC ASSISTANCE REPORTING INFORMATION SYSTEM (PARIS) DATA The PARIS project is a data matching system in which Mississippi’s caseload data is matched 7010

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quarterly against that of other states participating in the project and selected federal data. The PARIS match serves as an indicator of information that may not have been reported. The worker is required to independently verify that the information on the PARIS match is correct before taking adverse action on the involved case.

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PARIS data is generated in MAVERICS at the end of each quarter and is available through the Interface Inquiry Menu (INIM). This data should be reviewed for each household member at application, reapplication, and redetermination. This online data is not considered known to the agency until the data has been retrieved by the case worker. Upon review of the data at application, reapplication and recertification appropriate action should be taken and CADM should be documented to reflect the disposition of the data. This data must also be checked prior to case authorization. The worker will determine the state in which the recipient actually resides by obtaining information from the recipient, the agency in the match state and other sources as needed. If the worker determines that the recipient is not a resident of Mississippi, the individual is not eligible for benefits in Mississippi. A potential claim exists for any month in which the nonresident participated in both Mississippi and the resident state. If the individual is a Mississippi resident, ineligibility exists in the match state and the determination regarding a claim is the responsibility of the match state. NATIONAL NEW HIRE DATA The National New Hire data is a matching system in which Mississippi’s caseload data is matched monthly against select employers who are participating in the project. The new Hire matches serve as an indicator of information that may not have been reported. The worker is required to independently verify employer information before taking action on the case. New Hire data is updated in MAVERICS on the last Thursday of the month for individuals who were submitted for SSN matches on the last Thursday of the prior month. This data is available through the Interface Inquiry Menu (INIM) and should be reviewed for each household member 7011

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17 incorrectly reported earnings. The QWMD must be viewed for each household member age 16 and older at application, reapplication, and redetermination. The Employer Information (EMIN) screen must be documented to reflect case action. The QWMD must again be viewed prior to the authorization of initial benefits. An application, reapplication, redetermination, interim report, or a change related to income must not be processed until QWMD has been viewed and the EMIN screen has been documented. PARIS VA The PARIS VA is a MAVERICS online procedure used to verify veterans benefits on applicants/recipients. The response provides current benefits, type of benefits (pension, aid and attendance, etc.). The query process is required for all individuals at application, reapplication, reevaluation, and when a new member (other than new born) is added to the assistance unit or when there is question about VA benefits. Paris VA is generated every quarter and is not considered verified upon receipt. The worker must access the Paris VA screen via INIM to view the data and take appropriate action at application, reapplication, reevaluation, and when adding a new household member. Refer to Chapter 4, “Unearned Income” regarding Veterans Benefits. DISPOSITION OF THE APPLICATION Standard of Promptness Generally, applications should be processed in the order they were received, taking into consideration promptness or delays in receipt of verification. Also, exceptions may be made to this order for situations in which destitution, terminal illness or some other urgent need exists. Mississippi State law decrees that not more than 30 days shall elapse between the date on which the application is received and the date of approval or the notice of denial. To ensure that the standard of promptness is met, applications must be cleared in time to allow for processing within the 30-day limit. In order to meet this standard, the eligibility worker must have the application ready for supervisory review and approval by the 23rd day or sooner if all information is available, in order to allow time for review and correction. Authorization should take place by the 29th day to ensure availability to the applicant on the 30th day. When disposition of an application is delayed for any reason, the reason for the delay must be recorded in detail in the case record.

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Accrual Rights Provided he was alive and eligible, as far as was known, the applicant's right to a TANF benefit accrues on the earliest of the following dates: 1. The date on which the TANF benefit is authorized, or 2. The 30th day following the date on which a signed and completed application form was received. EXCEPTION: See below for accrual rights of individuals added to an active case. To protect an applicant's accrual rights, retroactive benefits must be made in any case when the application process takes so much time that an initial award for the current month does not cover the calendar month in which the 30th day occurred. This is true regardless of whether the delay was caused by the applicant or agency. However, TANF benefits issued for the month in which the application was filed must be prorated to include the date on which the rights to the grant accrued and any days which remain in the application month. See Chapter 6, General Principles - Prorating Grants for Applicants, for handling proration of grants. For example, the right to the TANF grant accrues: 1. For an application made on July 30 and authorized on August 16 for children who are alive and determined to be eligible for August, the accrual date is August 16, and the grant is issued for the month after application (August). Since authorization occurred within 30 days of application, accrual occurs on the authorization date. The first TANF benefit is not prorated. 2. For an application made on July 1 and authorized on August 22, the accrual date is July 31, providing the children are alive on that date and eligible for July. Since the authorization date is later than the 30th day after application, accrual occurs on the 30th day, and TANF benefit must be prorated for one day in July. A retroactive benefit must be authorized.

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7023 information already in the case for an incapacitated parent. The worker will not require verification of previously established eligibility factors which are not subject to change. The individual, however, must verify current income and resources and any other factor that is subject to change. Any outstanding non-compliances must be cleared up, and if the previous application was denied or the case closed due to missing information, this must be supplied. Also, any previously reported resources that would have caused ineligibility must be verified and a determination made as to whether or not resources have been transferred in order to establish

[ELIGIBILITY DETERMINATION PROCESS: THE APPLICATION PROCESS]

Revised 07-01-17

eligibility. Sufficient documentation must be provided to establish that the family is currently eligible. The worker should contact another county to secure the case record of any reapplicant when the applicant has been denied or received assistance last in that county. Also note that: 3. A reapplication for TANF following a TWP sanction shall not be approved, if otherwise eligible, until the timed sanction period is served and the work compliance has been satisfactorily resolved by exemption or compliance. When the reapplication occurs after the 15th of the last month of the timed sanctioned period (or any time thereafter), the individual will be referred to JAWS in “REceived” status. The case manager will schedule a new orientation session to give the individual an opportunity to comply with TWP requirements. When the individual has complied with TWP by either meeting a work exemption reason or by attending the orientation to begin the assessment and work activity assignment process, the EW is notified through the MAVERICS/JAWS interface of the satisfactory TWP status. The TANF case can then be authorized for the following month. If the individual fails to attend the orientation session and does not meet a work exemption, the TANF application will be denied. See Chapter 3, Reapplication Following a Sanction. EXAMPLE: TANF recipient sanctioned for February and March for non-compliance with the TANF Work Program; reapplies for TANF on March 18; complies with TWP on April 2; TANF eligibility can be determined effective May.

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and receive assistance; however, there are special procedures for taking and processing applications for employees and individuals related to, or of personal interest, to a staff member as listed below. The county director is responsible for taking and processing applications for employees or personal interest cases and for submitting the case to the Regional Director for review and authorization of the approval or denial. The county director may delegate intake or case reviews, but not the regional director’s task, to a county supervisor who has no close relationship to the employee or individual applying. Applications for assistance from supervisors or their relatives will be assigned to the county director for processing and submitted to the regional director for final approval or denial. Applications submitted by a county director or his/her relatives will be taken and processed by the regional director. Applications received from individuals who have a close relationship with the worker’s supervisor will be submitted to the county director for review and authorization or denial. The relatives for whom the special procedures must be used include a staff member’s spouse, grandparents, (also great, great-great, and great-great-great grandparents), parents (including stepparents), brothers and sisters (including stepbrothers and stepsisters, half-brothers and halfsisters), children (including stepchildren), grandchildren, aunts, uncles, nieces, nephews, first cousins, first cousins once removed, and these relatives of a staff member’s spouse who are related to this degree by marriage. These relationships are the same as those for TANF specified relatives. Furthermore, the interests of the agency will be served by not assigning any eligibility determination to an employee who has a particularly close relationship with the applicant. Since county staff are prohibited from processing applications for relatives within the degree described above, the county director must not process an application for one of his/her close relatives. In these instances, the regional director or Program Specialist will take the application. The regional director will review the facts, make the decision, and authorize or deny assistance. Applications from relatives of staff members other than the county director require the review and approval of regional directors. The county director is responsible for assigning the application to an eligibility worker who can process the application objectively and for authorizing eligibility for such relatives. However, cases should not be assigned to a worker supervised by the relative of the applicant. For Child in Public Non-Medical Institution When a parent or other relative makes an application for a child who is currently an inmate of a

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public institution, such as one of the state mental hospitals or one of the correctional facilities, the worker will contact the institution to determine when the child will be released from the institution. If the parent or other relative plans to move the child from the institution to his home within 30 days and the institution verifies the discharge plan, the county may process the application and hold for authorization until verification that the child is actually in the home. If the plans do not work out, deny the application. For SSI Involved Situations The parent or other relative in TANF has the right to make a choice between TANF and Supplemental Security Income (SSI) benefits, and the eligibility worker is responsible for making as clear an explanation as possible of the advantages and disadvantages of each program. An individual receiving SSI cannot be included in a TANF budget; however, such an individual may be the grantee relative of TANF children. An individual potentially eligible for SSI may be included in the budget prior to receipt of SSI. When a TANF applicant indicates an interest in receiving SSI, the worker should: 1. Refer the individual to the Social Security Administration (SSA) to apply. 2. Ask the individual to let the worker know when an approval or denial notice is received. 3. Set an alert in MAVERICS or place a tickler in the file to follow up on this not later than the first week of the third month following the SSI application month. The EW may use the SSI on-line inquiry process to check the status of the application. Once approved for SSI benefits, the approval date, benefit amount, and any retroactive payment will be available online. For Addition of Individual to an Active Case The request for adding an individual to an active case is essentially an application for assistance. The individual for whom such a request is made has all the rights of an applicant to prompt action and accrual dates, to appeal a denial, etc. Exception: The rights of an individual added to an active case accrue on the first day of the system month following application. This means that the individual will be added to an active TANF case for the current system month, so rollover

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- 17 plays a part in determining when eligibility begins for the new household member. Such an individual also has the responsibilities of an applicant, such as being subject to enumeration, child support and TANF Work requirements. An interview with the TANF payee is mandatory to add anyone to a TANF case. The TANF payee must complete the MDHS-EA-900 Supplement, requesting that an individual be added to the TANF money payment. This must occur before the worker completes the process in MAVERICS. Determine eligibility and dispose of the request by authorizing eligibility and sending a notice to the payee, if found eligible. If inclusion of the new individual with their resources and/or income causes ineligibility, terminate benefits for the next possible month and end a closure notice to the recipient. EXAMPLE: A recipient completes the 900 Supplement on November 17 to report that her 16 year old son has moved back home. An interview is scheduled for November 20. The current MAVERICS system month is December. The child should be added to the case effective for the month of December and eligibility determined ongoing with the new household member included. If eligible, the benefit should be adjusted for December. EXAMPLE: In the example above, the interview cannot be scheduled until November 22, after rollover to January has occurred. The child should be added to the case effective with the month of January and eligibility determined prospectively for January. If eligible, assistance will be continued and the benefit adjusted effective January 1. For Applicant Moving Out of County In instances when an application is submitted but disposition is not completed, and the household reports a move to another county, the first county must ensure that all documents related to the application are scanned to the appropriate electronic folder in Interwoven/Worksite. Once as many required transfer actions as possible have been completed (handling any claims, IEVS, or other alerts, changing the household’s address on ADDR, etc.) the first/transferring county must notify the new/receiving county of the transfer, send the A801 Transfer Between Counties notice and use the Case Record Control (CARC) screen in MAVERICS to send the case to the new county. The receiving county will be responsible for completing the eligibility process and notifying the household of the decision. Refer to Chapter 7, pages 7554-7558, regarding case procedures.

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For Applicant Leaving the State When an applicant goes out of state before the application is completed, the county will ask him the purpose of the absence and let him know that his eligibility cannot be determined while he is out of state. Take action then in accordance with the response of the applicant, as follows: 1. Hold the application for 30 days if the applicant says that he has gone on a visit and plans to return. If he does not return within that time, deny the application for inability to complete it. 2. Deny the application when the applicant states that he intends to reside in the other state. SUBSTANCE ABUSE SCREENING As a condition of eligibility for TANF, any adult (including any disqualified individual) included in the assistance unit will be subject to a questionnaire to determine the reasonable likelihood of a substance abuse disorder. This screening is required regardless of the adult’s referable status to the TANF Work Program (TWP), and will be administered during the application process. Results of the questionnaire have no bearing on the decision to approve the TANF application, and eligibility determination must not be delayed based on the questionnaire’s results. However, should results of the screening indicate the reasonable likelihood that a substance abuse disorder exists, upon case approval, the client will be required to register with a designated provider in order to take a drug test. Failure of the adult to cooperate in being tested for a substance abuse problem will lead to a fullhousehold TWP sanction. Screening Process All adults included in the TANF assistance unit will be required to take a substance abuse screening questionnaire at the time of a new TANF application. If at any time another adult joins the assistance unit, that adult will also be subject to screening. The questionnaire will be administered by the Case Manager (CM). The TANF application must be denied if an adult refuses to submit to the screening. The CM will administer the questionnaire utilizing an online screening tool known as the Substance Abuse Subtle Screening Inventory (SASSI). The screening process takes approximately thirty minutes. At the conclusion of the screening, the results are immediately available for viewing by the CM. Screening results have no bearing on the determination of TANF eligibility.

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Drug Test 1 Result - If the adult was required to be tested, the results of the drug test must be entered in this field.

Drug Test 2 Result - If the adult did not agree with the initial positive drug test result and completed a second drug test, the results of the second drug test must be entered in this field.

Valid Drug Test Result codes:

• GC- No Drug Test- Good Cause. This code indicates the client did not go for drug testing, good cause was granted and no further action is needed. • NC- No Drug Test- Non Compliance. This code indicates the client did not comply with drug testing. Action must be taken to impose the appropriate drug penalty. • NG- Drug Test Negative. When this code is entered, JAWS will generate a Drug Test Result - Negative (T052) notice to the client, which can be viewed on the Participant Notice Inquiry (IPAN) screen indicating the drug test result was negative and no further testing is needed. • PO- Drug Test- Positive. When this code is entered, JAWS will generate a Drug Test Result - Positive (T053) notice to the client, which can be viewed on the IPAN screen indicating the drug test result was positive and requires the individual to enroll in a drug treatment program for a minimum of 60 days.

Note: Drug test results can be entered only when the case is in open (OP) status. These fields will be protected when the case is not in OP status. • Drug Treatment Assessment Done - This field must be coded Yes (Y) or No (N) based on the client’s compliance to drug treatment requirements.

Exempt Applicants If the client is exempt from TANF Work Program requirements, once the CM enters the screening test result on the MDTR screen, the UJS Completion code on the Maintain Upfront Job Search (MUJS) screen will be automatically populated with one of the following system-generated codes:

Revised 07-01-19

• NA – Assessment not applicable. This code will display if the screening result on MDTR is NL (screening normal) or DN (drug test needed)

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• Complete the Drug Testing Custody and Control Form with the client’s name (Section CName/ID) and MAVERICS client ID (Section D- Donor SSN or other ID). • Make a copy of the ePassport form prior to mailing it to the client. • Send the entire information packet containing the four documents, to the household. • On the same day, email the copy of the ePassport form to the eaescreen@mdhs.ms.gov email address and copy (cc) the County Director. This email account will be monitored by designated State Office staff and is to be used only for this purpose. • Document the case record. The adult will have seven (7) calendar days from the date of the TANF approval notice to report to the facility for drug testing. The adult may advise the testing facility of any current prescriptions or overthe-counter medications being taken. The case worker will notify the individual of the test results via MAVERICS notice A315, Notification of Drug Test Results. If results of the test are positive, the adult will be required to complete the treatment facility’s intake process and/or enter a drug treatment program approved by the Mississippi Department of Mental Health within ten days of the notice of the test results. Failure to return verification of the compliance within ten days will result in a full- household TWP sanction.

NOTE: The adult may contest the results of a positive drug test by taking an additional test at a facility meeting agency contract guidelines. In such cases, the adult will be responsible for paying for the test. Additional testing must occur within seven (7) calendar days of the notice being sent with results of the original drug test. If results of the second test are negative, the client will be reimbursed for the cost of the second test.

Sanctions for Noncompliance

If the client does not comply with the drug testing requirements and an “NC” code is entered in the Drug Testing Results 1 or Drug Testing Results 2 field on the MDTR screen, JAWS will generate a conciliation record by populating the Conciliation Reason Code field on the Maintain Conciliation Record (WCOR) screen with the appropriate code. The two conciliation reason code used for noncompliance for non-compliance with drug testing or drug treatment requirements is “DT” (Drug Test/Treatment).

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The CM must access the WCOR screen to complete the conciliation record. JAWS will populate the Discovery Date field once the DT code is generated. Once the client enters a drug treatment program and fails to comply, the CM must add the conciliation record and enter the DT code on the WCOR screen.

NOTE: The FC – “Fully Complied” code is not valid after 10 days from the Discovery Date. Therefore, if the conciliation is older than ten days and good cause or compliance is determined, an (ER) “Error Code” must be used to resolve the conciliation.

Manual Referral – Adding an Adult For adults being added to an open TANF case, referral to the CM will be required for purposes of administering the drug screening questionnaire. The MDHS-EA-319A, TANF Referral Log, will be provided by the EW to the CMS to indicate the TWP exempt client is being referred only for purposes of taking the questionnaire. The CM will administer the drug screening questionnaire to the adult household member. The CM will use the MDHS-EA-319A to schedule the client for administering the SASSI.

If results of the questionnaire indicate the adult has a reasonable likelihood of a substance abuse disorder, the CM will document the finding on the MDTR screen in JAWS. If the household is eligible for TANF, the EW will use MAVERICS notice A101, TANF Approval, to inform the household of the results. Along with the A101 notice, the EW must send in a separate mailing the MDHS-EA-337, TANF Drug Testing Instructions, along with an “ePassport” form. This information packet will provide the household information on contacting the nearest testing facility for purposes of submitting to a drug test.

Before the client receives the MDHS-EA-337 TANF Drug Testing Instructions and the packet containing ePassport and eScreen control Forms, the case manager along with the clients name, the worker must enter the client ID and the specimen ID from the Drug Testing and Chain of Custody (COC) Form on the eScreen ePassport Form, must make a copy of the form and email it to eaescreen@mdhs.ms.gov and copy the director on it the same day it is given to the client.

If the client fails to cooperate in taking the questionnaire, the EW will deny the application by sending MAVERICS notice A219, TANF Denial - Other Reasons, indicating on the notice the reason for denial.

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06 DEFINITION OF AUTHORIZATION Authorization is an official act, usually performed by the county director or their designee, certifying as to the eligibility or continuing eligibility of any assistance payments group. The authorization requests the issuance of a TANF benefit and authorizes the expenditure of public tax funds. LEGAL BASE State statute sets the administrative structure and responsibilities of the Department for handling and completing applications and redeterminations for TANF benefits. Refer to Chapter 1, Legal Provisions, for the complete discussion of the legal provisions. AUTHORITY FOR CERTIFICATION AND AUTHORIZATION The process of certification, authorization, and payment involves the county Economic Assistance Office and State Office. The responsibilities of each are discussed below. Decision of the County Office The duties of county staff include: 1. Authorization by the county director or supervisor is required on all applications and reapplications for the TANF program. At the discretion of the county director all other types of actions may be authorized by county staff. 2. The eligibility worker will acquire, record, and evaluate the needed facts about eligibility and determinations of eligibility. He will sign applicable forms, complete the eligibility determination screens in MAVERICS, and route the record to the county director or case reviewer for review and final decision, if supervisory level authorization is required. 3. If supervisory level authorization is required by MAVERICS or by decision of the county director, the county director or case reviewer, in counties having this position, will review the case record for completeness and accuracy of information on each factor of eligibility. The MAVERICS screens will be reviewed for accuracy of data entry and the computation of the grant, if any, for conformity with agency policy. Note that if supervisory level authorization is not required, the eligibility worker is responsible for performing these functions. Authorization of the case will be accomplished through the Authorization of Supervisor (AUSP) screen in MAVERICS. Each benefit month worked in the determination of eligibility must be authorized through this screen. If the county director so requires, the notice of approval must be set up by the worker and pended for supervisory release through the Notice Release (NOTR) screen in MAVERICS at the time the case is authorized.

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7104 which the applicant has been approved and the amount of the benefit, and gives the month in which this approval is effective. If the applicant was not given the TANF informational pamphlet during the initial interview, the worker will mail a copy of this pamphlet. 12 Notice of Rejection or Disposal for Other Reasons When an applicant is rejected/denied or disposed of for other reasons, the applicant shall be notified in writing of this fact and the reasons for the decision. Exception to this requirement will be made in the case of the death of the only child in a TANF case. When the reason for disposal of the application is inability to locate the applicant, the county office shall mail the notice to the applicant's last known address. The worker will follow the instructions given above for completing the notice, making sure that the reason for rejection is clearly stated. MAVERICS notices shall be used for notification to the applicant on all types of applications which are being rejected or disposed of for other reasons. These include rejections based on: 1. Failure of the applicant to meet eligibility requirements. 2. Moved out of state, receipt of another type of assistance, or the agency's inability to locate the applicant. 3. Withdrawal of the application. The notice will state the basis for the applicant’s ineligibility and the fact that he stated that he did not wish to continue with his application, thus confirming the agency's understanding of his decision. Advance Notice Except for specific instances, Federal regulations require that the Department give ten days advance notice to a recipient of the decision to decrease assistance, to terminate assistance for one or more, but not all, individuals in a TANF budget, or to terminate assistance completely. The ten days are to be counted beginning with the date of printing/mailing or electronic posting of the notice and must expire prior to the first day of the effective month. This refers to calendar days, not working days. The county office must not authorize a decrease in benefit or authorize termination of assistance during the advance notice period except as set out on the following pages. The worker must always be aware of the MAVERICS rollover date and whether this will affect the effective date of the action. When the individual's rights have or will have accrued and it is not possible to stop the TANF

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7105 benefit, the individual will receive the TANF benefit for the following month. See below for further discussion of withholding authorization for a TANF benefit during the advance notice period and the discussion of accrual rights and the possibility of improper payments in such situations.

12 Purpose The purpose of the advance notice is to give the individual an opportunity to request a local hearing to discuss his situation further and to present any new or additional information bearing on his eligibility; or to request a state hearing. See Chapter 13, Hearing Process, for the discussion of hearings. Procedures Follow these steps in carrying out the advance notice requirement: 1. After a decision to reduce a TANF benefit or close a case, prepare the appropriate notice to the individual, filling in the proper fields and release the notice. Refer to Volume X Chapter 4. When a notice of closure is released, MAVERICS will change the status of the case to frozen. 2. After the ten-day period has expired, MAVERICS will automatically close the case unless the worker has reinstated benefits. Refer to Reinstatement later in this chapter, for a discussion of situations in which reinstatement is appropriate. Notice of Decrease The county office will notify the payee of any necessary decrease in TANF benefits resulting from new or additional information on a regular or special redetermination. Reductions in TANF benefits result from increased income, removal of individual(s) from the budget, etc. See below for those instances in which advance notice is not required and for the type of forms to be used in giving notice. The state office will notify recipients when it is necessary to make a wholesale change by sending computer generated notices to each individual affected. This will be done in the prior month whenever possible. State office will give specific instructions to county offices at the time of each wholesale change.

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individual and with the knowledge of the payee, so that advance notice has already been given prior to the approval of the newly eligible individual. 2. The department has received a clear written statement signed by the payee agreeing to the action to be taken. The statement may be written on the notification form obtained during a personal interview or sent by letter to the department. The recipient will state that he no longer wishes assistance or that he agrees and understands that the information he has given or the county has obtained has resulted in reduction or termination. The worker will then close the case or authorize a reduction for the next possible month. Use notice A492 in MAVERICS to close a case in this situation. Refer to Volume X, Chapter 4. The securing of a written statement may be possible when the worker is talking with the individual and can get one at this time or ask him to send one to the agency when a discussion was held by telephone. Otherwise it is doubtful that the county can get a response within the ten-day period. Occasionally a recipient may realize that he is no longer eligible and write a letter stating he no longer needs assistance even though there was not a prior conference with the worker. Note, however, that when a TANF child reaches age 18 and assistance must be terminated, this often results in case closure or a reduction of the benefits to the children under 18 remaining in the case, and advance notice is required. Use the tickler file and/or worker alerts in MAVERICS to control the removal of children attaining the age of 18 in TANF cases. There is also a MAVERICS report of children reaching their 18th birthday. Notice of Closure When the county office reaches the decision that the recipient or recipients are no longer eligible for assistance, the worker will send a closure notice giving the effective date of closure. Ineligibility for assistance means that the case is closed and that the recipient or recipients are no longer qualified for benefits. Refer to Volume X, Chapter 4 for the notices and instructions to use in MAVERICS. Special Procedures on Closures When Absent Parent Returns Follow these special procedures for closure when a parent returns from a hospital or prison. 1. When the basis for ineligibility in TANF is the return of the parent to the home where the other parent and children live, and neither parent is incapacitated, send the payee A905, TANF Request for Information, stating the assistance may be continued for three months in order to give time for him to obtain work or whatever other adjustments may be necessary. However, also ask the parents to let the department know of any changes in the family situation that might result in their being eligible for a longer period of

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time or in an earlier termination of benefits. 2. If either parent in TANF is incapacitated, use the three months to prepare a social information report, obtain medical information, and secure a decision from the Medical Review Unit. If the decision is that the parent is incapacitated, continue the benefit. 3. On the first day of the last month of eligibility, send notice A409 to history in MAVERICS to close the case. Do not release the notice to the individual. Be sure that the current month on the Case Profile (CAP2) is equal to the effective month of closure. Exceptions to Advance Notice of Closure The following types of action do not require advance notice: 1. Change in status or procedural changes, such as transfer between counties, or protective payee, etc. These are actions to discontinue assistance in one form and to continue it in another, and the worker should use the change notice. Refer to Volume X, Chapter 4. 2. The department has factual information confirming the death of the TANF child in a one child case, a refugee case with only one in the budget, or the TANF payee when there is no relative available to serve as new payee so that the emergency payment procedure cannot be used. Refer to Chapter 3, Emergency Situations, for the discussion of emergency payment procedures. 3. The individual has signed a clear written statement that he no longer wishes assistance or agrees to the termination of benefits. See Exceptions to Notice of Decrease - Item No. 2 earlier in this chapter, for a full discussion of written statements from individuals. 4. The payee, TANF child in a one child case, or other recipient has been committed to a mental or other custodial institution such as a state prison or county or city penal institution. 5. The individual's whereabouts are unknown and agency mail to the payee has been returned by the post office indicating no known forwarding address. However, the benefit must be available if the individual's whereabouts become known and he/they are otherwise eligible. See directly below for the procedures to use when a case is closed in error. 6. The only child in a TANF grant has been removed from the home as a result of judicial determination or voluntarily placed in foster care by his legal guardian.

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12 REINSTATEMENT A reinstatement may be completed on a case in the situations described below: 1. When a hearing decision has determined that the individual is eligible and the case has been closed. 2. When the case is closed and the payee requests a state hearing during the ten-day advance notice period. 3. When a case has been closed in error. See discussion later in the chapter concerning Retroactive and Corrective Action. There must be documentation in the case record explaining the error. 4. When an application has been denied in error. Document the explanation for the error in the case record. 5. When a rejected applicant for refugee assistance has met his spend-down within the designated six months' spend-down period. See Chapter 17, Refugee Program, for refugee information. 6. When a spend-down individual, who is a refugee and whose case was closed because his income increased, has spent down his additional excess income within the same specified spend-down period. 7. When a notice of closure is sent as the result of a missed appointment and the client submits a redetermination application after the 10 day notice period but prior to rollover. The case may be reverted to “open” status and eligibility determined. Cases in the above instances can be reinstated without a reapplication being processed and without the usual complete determination of eligibility. In MAVERICS the procedure known as "revert to open" is a form of reinstatement. Please refer to Volume X, Chapter 4 for the proper procedures in MAVERICS for the reinstatement of TANF benefits. ASSISTANCE DURING HEARING PROCESS There are time limits that apply to a request for a local or state hearing. Continuation of assistance during the hearing process is based on the timeliness of the hearing request. See Chapter 13, Hearing Process, for a full discussion of hearings and client and county responsibilities.

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06 WITHHOLDING AUTHORIZATION Once eligibility has been established, the recipient continues to receive his TANF benefit until (1) facts have been secured showing that one or more eligibility requirements are not met, and (2) the recipient has had an opportunity during the notice period to respond to the facts that led to reduction or termination. See below for the specified circumstances when it is necessary and permissible to withhold authorization of assistance. Death If the death of the TANF payee or the death of the child in a one-child case occurs or is reported after current payroll deadline, there is no means of withholding the next month’s benefit for corrective action. In the case of the death of a TANF payee, use the emergency payment procedure described in Chapter 3, Emergency Situations. In the case of the death of a legal guardian, no one else can receive and use the TANF assistance payment until the court removes the guardian and either appoints a new one or releases the individual from guardianship or conservatorship. Cannot Locate - Payee and Children When a TANF payee and children move, leave no address, and cannot be located, remove authorization from the next month’s TANF benefit, if possible, then: 1. Take definite steps to try to locate the family and record these efforts in the case record and on CADM. Continue the investigation, if necessary, until the time has passed when the payee has missed two TANF benefits. EXAMPLE: The investigation is begun on July 25, when it is too late to stop the August payment. Continue the investigation until at least October 1. EXAMPLE: The investigation is begun on July 10. The worker should remove the authorization from the August benefit record (assuming August was authorized by July 10). The investigation should be continued until at least September 1. 2. If at the end of the two month period the payee and the children have not been located, record all the facts in the case record and on CADM and take steps to close the case. When the notice of closure is released, ensure that the CURRENT MONTH of the TANF program is equal to the month following the month the last TANF benefit was received by the family. EXAMPLE: In No. 1, the payee received an August payment, so the CURRENT MONTH should be September for closure.

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07 3. Or, if the family is found and the children are eligible, authorize the benefit and continue TANF. Cannot Locate - TANF Child When a child leaves home and his whereabouts are unknown, obtain all the information possible from the parent or other relative and assist him if he wishes in trying to locate the child. 1. Allow 30 days in which to locate the child. Record all efforts made in the case record. 2. Continue the TANF benefit in the same amount while the investigation is being made. 3. If the child returns home during the investigation and there is no change in the budgetary deficit, the case need not be reworked unless a redetermination is due. 4. If at the end of the investigation period the child has not been found, or if found and determined ineligible, remove him from the TANF benefit, giving the payee time to respond to the advance notice. NOTE: The law now requires the parent or caretaker relative to report within five (5) days when it becomes clear to the household that the child(ren) has left the home or when the child(ren) will be absent from the home for more than (30) days. The law also stipulates that the parent or needy caretaker who fails to meet this five day time limit for reporting that a child has left the home be penalized by serving a disqualification period for failing to timely report. See Chapter 7, Reporting Requirements When a Child Leaves the Home. Approval for Assistance by Another State When a payee has been approved for assistance for the children in another state and it is not possible to terminate his assistance here simultaneously with his initial assistance in the other state, stop his TANF benefit for the month in which his assistance there is effective. If the county learns of the approval too late to terminate benefits and the children do receive assistance from both states for the same month, ask the payee to return the Mississippi TANF benefit. A claim must be processed so that a demand for refund can be made. Please note that Mississippi is one of the few states that pays in advance in TANF; that is, on the first of each month for that month. Advance Notice Given Before Release of the Next Benefit When the ten day advance notice on closure of a case will expire after the deadline for the current payroll month but prior to the last day of the month, MAVERICS will not issue a TANF benefit for the next month if the case is in FROZEN status at rollover.

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06 The procedures in MAVERICS are: 1. The worker determines prior to the deadline for the current payroll month that the case should be closed. Before releasing a closure notice, ensure that the CURRENT MONTH of the TANF program on the case profile (CAP2) screen is equal to the current payroll month. When the notice of closure is released, the STATUS of the TANF program in MAVERICS changes to FROZEN. MAVERICS will add ten days to the FROZEN STATUS DATE to determine whether or not to issue the TANF benefit. If the ten days will expire on or before the last day of the current calendar month, the benefit will not be issued. 2. If the change which results in closure becomes known to the Department after the deadline for the current payroll month, the case should be handled as follows: A. As long as the individual made a timely report and the worker acted timely on the change, no overpayment is considered to exist and no claim will be processed. B. If the individual failed to make a timely report or the worker failed to take action timely, an overpayment is considered to exist. If the case meets the criteria for cancellation and the client agrees, the benefits should be cancelled. If the change does not meet the criteria for cancellation, prepare a claim. 3. If the change which results in a reduction of benefits becomes known to the Department after the deadline of the current payroll month, the benefits cannot be changed. A. As long as the individual made a timely report and the worker acted timely on the change, no overpayment is considered to exist and no claim will be processed. B. If the individual failed to make a timely report or the worker failed to take action timely, no overpayment is considered to exist and a claim would be prepared. Refusal of Individual to Furnish Information In some instances the TANF payee is unwilling to give or obtain, or to permit the worker to obtain essential information to establish continued eligibility. When this occurs, the worker will send the notice of closure. If the individual does not furnish the necessary information or request a local or state hearing during the advance notice period, the system will terminate assistance on the next possible payroll. If the individual does furnish the information within the advance notice period, the worker must rework the case and authorize the benefit in order to remove the case from FROZEN status in the system.

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7207

[ELIGIBILITY DETERMINATION PROCESS: MISSISSIPPI CORRECTIVE AUTHORIZATION PROCEDURES]

Revised 08-01-06 1. The new evidence shows that the eligibility factor did exist at the time of the original decision, even though the information was not available at the time, and 2. The application was denied, assistance reduced, or assistance terminated at or prior to that time, and 3. No change has occurred in the individual's condition or situation since the original decision was made to deny, terminate, or adjust assistance. For example, if the individual is found eligible because he developed incapacity after the county department denied his TANF application, a retroactive TANF benefit cannot be issued for any period prior to the time at which the change occurred. When the decision is made that the claimant is eligible for retroactive assistance, the letter from the Department will give the beginning date of eligibility for assistance. The county office will at once carry out the instructions by authorizing assistance, unless a change in the individual's situation affects the hearing decision. Retroactive Corrective Payments as Cash Reserve Consider retroactive corrective payments as cash reserve only when the money is still available to the family two months after the month in which the corrective payment was made. LOST, STOLEN OR DAMAGED DEBIT CARDS The cardholder should be advised to contact a customer service representative of the issuing agent to report his/her card lost, stolen, or damaged and request a replacement card (See Form MDHSEA303A, Recipient Information Sheet). PROCEDURAL CHANGES IN STATUS The following types of action are considered procedural changes because assistance is continued to or on behalf of the recipient without a break in benefits. With specified exceptions, notice must be given to the individual, stating what the change is and why it is being made. Advance notice is required when only part of the recipients continue to be eligible, such as in change of payee but it is not required for change of address, transfer between counties, etc. A non-advance notice is used for this purpose. Change of Address Make a change of address for a recipient by means of the ADDR screen in MAVERICS. A change

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MISSISSIPPI for the new month can be made at any time prior to the time the system comes down on the day which is the payroll deadline for the next month. If the county receives notification that the client is living in another county, the director in that county should be notified in order to schedule the client to come in for a review of their case.

CORRECTIVE AUTHORIZATION PROCEDURES]

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Notification should be sent to the client to contact the county office in which they now reside. Transfer the case to the new county of residence after notification is sent to the client. See Transfer of Cases Between Counties later in this chapter. If the county receives notification that the client is now living in another state, the worker will notify the client that the Department does not provide assistance to recipients who leave the state of Mississippi and that the case will close. If the county receives a notice a change of address outside the United States, the worker will withhold benefits. Notify the individual that the Department does not provide assistance to recipients who leave this country. If the individual remains in another country for longer than two months, the worker will cancel the benefits and close the case for technical reasons. Change in Name Make a change in the name of the payee in TANF when: 1. An error was made in the original entry of the name. 2. The individual has married or obtained a divorce and returned to a former name. Determine whether the individual has requested the Social Security Administration to change his name for the purpose of validation of the Social Security number. 3. A change is needed for validation of the Social Security number in order to conform with the way in which the name is listed on Social Security records. See Volume X for changing the name of the PI in MAVERICS. Use the EBCR screen to enter or delete the name of a protective payee. Also change other records which carry the name of Volume III | Chapter 7

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MISSISSIPPI ∙ Ability to establish and maintain a constructive relationship with the family and with county staff; and ∙ Good character and reliability. RESPONSIBILITIES OF THE PROTECTIVE PAYEE Such a payee has certain responsibilities to the family and to the Department, as follows: 1. To the TANF family, he has the responsibility of talking over with the grantee relative the choices possible in the use of the TANF benefit, though he has the final decisions as to how it shall be spent. He may actually spend the TANF benefit for the family, though preferably he will assist the grantee relative in making decisions about how to do so.

PROTECTIVE AND VENDOR PAYMENTS]

Revised 08-01-06

2. Also the payee must consult frequently with the relative on problems of household budgeting and home management, and do so with the purpose of increasing the relative's knowledge and skills so that eventually the relative can assume this duty. 3. The payee's responsibility to the Department is formalized when the payee, recipient and worker sign form MDHS-EA-314, Agreement Between Mississippi Department of Human Services and Protective Payee, in which his duties are listed. For detailed instructions on the completion of this form, see the Generic Forms Manual. The protective payee and the county staff member must share the responsibility for the planning of the use of the TANF benefit and for evaluating the services of the payee to determine whether the grantee relative is benefitting by the plan. 4. The payee must understand the regulations on confidential information and must observe them. The county worker will also be governed by these principles and will give the payee only that information which will enable him to carry out his duties. That is, the worker must outline for the protective payee information that bears on the problems of money management, including strengths of the grantee relative and family relationships, but will not release any information to the payee that does not relate to the problem with which the protective payee will work.

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7400 MISSISSIPPI [ELIGIBILITY DETERMINATION PROCESS: PAYMENT PROCESS]

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MIS OPERATIONS UNIT The MIS Operations Unit is responsible for transmitting the assistance benefit information to the EPPIC system based on authorizations in the MAVERICS system. FACTS ABOUT BENEFIT ISSUANCE Minimum TANF Benefit Payment is defined as the expenditure of public tax money on the basis of proper authorization with respect to the eligibility to specified individuals and TANF families. Benefit issuance is made through the Mississippi Debit MasterCard Program. Mississippi does not issue a TANF benefit in an amount under $10. There are two exceptions to this rule: 1. A TANF benefit will be issued for less than $10 when recoupment withholding is the sole reason for a TANF benefit being below $10; and 2. When a corrective TANF benefit should be authorized in a lesser amount. Families who receive reduced or no payments due to the stated exceptions are subject to the rights and responsibilities of money payment recipients. EXAMPLE: An individual is eligible for TANF benefit in the amount of $16 each month. Recoupment is established against a prior overpayment. The minimum recoupment amount is $10 per month, leaving $6 for issuance to the individual. This TANF benefit will be issued as recoupment withholding is the sole reason the payment is less than $10. 3. The TANF benefit is an unrestricted benefit and the county worker cannot place restrictions upon its use. See, however, the provision for a protective payee in Chapter 7, Protective and Vendor Payments. Description of Benefits TANF benefits are the expenditure of public tax money on the basis of proper authorization with respect to the eligibility of specified individuals and TANF families. TANF benefits are issued via the EPPIC system by the Mississippi Department of Human Services to a parent or other grantee relative on behalf of eligible children. The benefit is issued to the payee or to his protective or emergency payee. Generally, benefits are unrestricted in their use. However, Federal law and State law prohibit

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7401 access to TANF funds from ATM or EBT devices located in certain locations. See Unauthorized TANF Transactions in this section.. See also the provision for a protective payee, Chapter 7, Protective and Vendor Payments. [ELIGIBILITY DETERMINATION PROCESS PAYMENT

MISSISSIPPI PROCESS] Revised 07-01-19

Issuance of Benefits After the county office authorizes payment, the process is as follows. 1. Issuance of benefits is completed by the contractor utilizing the EPPIC system. The contractor is responsible for all issuance after receipt of eligibility information from Management Information Systems (MIS). Eligibility information will be sent to EPPIC on a daily and monthly basis. The monthly file for TANF will be sent at rollover. The daily file will contain initial applications, reinstatements, and any other benefit authorizations for the current or a previous month. It is the responsibility of the county office to complete case actions within a time frame that will allow households to participate in accordance with timeliness policies. Households must be advised of participation procedures and method of benefit delivery. 2. For other authorizations on the continuing-case payroll, benefits are issued monthly at “rollover”, which is the common terminology for the payroll deadline. Rollover occurs on the 23rd of the month unless the 23rd falls on a weekend or holiday, then rollover is the Friday before. At rollover, MAVERICS “rolls” into the next month, and the current system month changes. All cases with an authorized benefit at rollover will be copied exactly into the new month, with an authorized benefit at the same level as the previous month. This automatic creation of an authorized benefit is the reason it is not necessary to actually work every case each month. However, cases with changes must be completed by rollover or an incorrect benefit amount will be authorized for the following month, requiring either a corrective payment or claim.

EXAMPLE: November 23 occurs on a Sunday. The payroll deadline for December checks will be Friday, November 21, which is called “rollover”. All TANF cases requiring a change must be worked and authorized no later than close of business on November 21 because the December benefit will be transmitted that night. Any corrections must be handled through improper payments procedures once benefits are paid out. On Monday, November 24, when MAVERICS becomes available, all open cases with an authorized benefit for December will now have a CURRENT MONTH of January on CAP2 and work will

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MISSISSIPPI [ELIGIBILITY DETERMINATION PROCESS: PAYMENT PROCESS]

Revised 07-01-19

payment month for a past month the benefit will be available one day after authorization. The Mississippi Debit MasterCard is the means by which the recipient accesses benefits. The card is issued to the TANF payee upon authorization of the initial benefit(s). The payee will receive the card within six (6) business days after benefit authorization. The payee should have been given MDHSEA-303A, Recipient Information Sheet, during initial interview. This form gives instructions for and use of the debit card (See Generic Forms, Chapter 3). Payment as a Result of a Hearing After a hearing has been held, Administrative Hearings will furnish the county office and the regional director with a copy of the letter to the claimant giving the decision regarding the hearing. If the county office is required to do additional work, such as the revision of the budget, after the decision of the Hearings Officer, the Director of Administrative Hearings will give the county proper instructions as to the action to be taken. In cases in which the hearing is requested during the period of the advance notice, the TANF benefit is still in effect, and if the decision of the hearing is that eligibility continues, the county office must authorize benefits. If the decision of the Hearings Officer is that ineligibility exists, the county office will terminate the TANF benefit and prepare a claim for benefits received during the period of time during which the case would have been closed if not for the hearing request. See Chapter 13, Hearings, for the full discussion. Unauthorized TANF Transactions Federal law prohibits TANF benefits from being accessed from an Automated Teller Machine (ATM) or Point-of-Sale (POS) device physically located in: • Liquor stores. Also known as package stores, such establishments sell, either exclusively or primarily, intoxicating liquor. • Gambling establishments. Such businesses offer, as its primary service, casino, gambling, or gaming activities. • Strip clubs, defined as any retail establishment providing adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

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7405

MISSISSIPPI [ELIGIBILITY DETERMINATION PROCESS: THE REDETERMINATION PROCESS] Revised 12-01-11 DEFINITION A redetermination is a review, or reevaluation, of a recipient's situation to determine whether or not eligibility continues for TANF and whether the TANF benefit, if any, is correct. A review of all variable eligibility factors is called a regular redetermination. A review of one or more but not all of these factors is called a special redetermination. The terms “review” and “redetermination” are interchangeable and refer to TANF. “Recertification” is a SNAP term and is not appropriate for TANF. The term “reevaluation” is often used when referring to the simultaneous handling of multi-program cases. FREQUENCY OF REDETERMINATIONS Generally, TANF cases must be redetermined every 12 months. In some instances, the TANF review period may be adjusted when added to an existing SNAP case. Example: A SNAP case is certified for 12 months, June 2010-May 2011. The household applies for TANF and is approved effective October 2010. MAVERICS will set the TANF review date for June 2011 (8 months) to coincide with SNAP certification through date of May 2011. For caseload management purposes, when a new SNAP case is certified for 12 months and is being added to an existing TANF case, the TANF review period may be lengthened. Example: a TANF case with a 12 month review period June 2010 through May 2011 (June 2011 review date) applies for SNAP in August 2010 and is given a 12 month certification period August 2010 through July 2011. At authorization of the SNAP benefits, the TANF review period will be lengthened to August 2011 (September 2011 review date). MAVERICS will issue Interim Reports to households for return by the sixth month of the review period. The reports will require households to provide information on changes in household circumstances. Failure of households to return completed interim reports will cause case closure. County staff should use the worker alerts in MAVERICS, system reports, and county caseload management controls to ensure that redeterminations are processed timely. VERIFICATION REQUIREMENTS All variable eligibility factors must be discussed and verified for each regular redetermination and when changes occur within regular redetermination periods. Factors which do not change, such as relationship degrees, need not be reviewed unless information is received that raises a question about the validity of previous information. When a case is closed or an individual removed from a case due to death of a member of the TANF

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ACCRUAL RIGHTS OF RECIPIENTS The recipients rights to the TANF benefit accrue on the first day of the month provided he is alive and eligible on that date. Timely change reports and timely county action to adjust benefits for the next possible month will not result in loss of eligibility or a claim on the case. Due to accrual rights, a TANF family is eligible to receive a TANF benefit for the month in which a child becomes 18, the month in which the child or payee dies, or that in which the child or payee marries. This also includes the remarriage of legal parents of TANF children. Also, the grantee relative is eligible to receive a TANF benefit for a child who leaves home within the month, provided a TANF benefit is not issued to another grantee relative for that child for the same month. This means that the grantee relative may receive a TANF benefit for a child who is committed to a public institution on or after the first day of the month for which the TANF benefit is issued or for a child who enters foster care within the month for which the TANF benefit is issued. PREPARATION FOR THE RE-EVALUATION Before the redetermination interview is held, the worker will study the case material to determine: 1. The eligibility factors which must be discussed with the recipient and verified by the worker. 2. Any changes in policy which may affect the recipient's eligibility. 3. What potential income and resources are indicated that should be investigated and validated. 4. What new information is needed and the steps that must be taken to secure that information. 5. SSI online, WTPQ and INIM inquiries should be checked as well as other accessible data matches. INTERVIEW REQUIREMENTS FOR REGULAR REDETERMINATIONS Prior to the Interview The grantee relative must complete MDHS-EA-900, page 1 at minimum, but should also be encouraged to complete pages 2, 3 and 4. If the grantee relative is unable to complete the MDHSEA900, a county staff member should assist him/her.

7501 Volume III | Chapter 7

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Individuals to be Interviewed The regular TANF redetermination must include a personal interview with the grantee relative. When both parents are in the home, it is not necessary to interview both, but the worker may do so if he thinks it advisable. When a medical review is due, the worker must conduct a face to face interview, unless the individual is too ill to attend and the social information is documented to explain the reason why there was no interview. Verification of the income and resources of both parents is required. Place of Interview Normally the interview will be held in the Economic Assistance Office and will be scheduled by the worker using a notice available from MAVERICS. The interview may be held in the home or another place of mutual agreement when the recipient is incapacitated and unable to visit the county office. NOTE: If the individual who must be interviewed refuses or fails to respond to the request for an interview, continuing eligibility cannot be established, and sending a notice of closure is appropriate. Content of Interview The worker will: 1. Explain to the grantee relative that they will actively participate in the interview process. Review the MDHS-EA-900 with him/her. Ensure the grantee relative understood and answered each question exploring any vague or discrepant information and ask him/her to add or correct information as necessary. The worker will collect eligibility data, enter the data on-line, and document information on the MDHS-EA-900 as needed. Review with the caretaker relative any form applicable to the recipient’s situation, including the Personal Responsibility Contract (MDHS-EA-312) and Rights of Applicants and Recipients (MDHSEA-300). 2. Seek verifications by having a clear understanding as to the verifications which the individual will obtain, the time the verification should be returned, and the sources the worker will contact. Obtain the individual's signature on any forms to be used to secure verifications from sources requiring consent of the individual prior to release of information, such as medical records, bank clearances, employment/wage verifications, etc. Information not verified during the interview should be coded in MAVERICS as pending using “PE” and a date in the verification field. The date should be set for 10 days from the date of the request for information. This will ensure the case will not be authorized without all necessary verification on file.

MISSISSIPPI [ELIGIBILITY DETERMINATION PROCESS: THE REDETERMINATION PROCESS]

Volume III | Chapter 7 7502 MISSISSIPPI [ ELIGIBILITY DETERMINATION PROCESS: THE REDETERMINATION PROCESS]

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MISSISSIPPIPPI [ELIGIBILITY DETERMINATION PROCESS: CHANGES]

Revised 07-01-19

TANF households approved for initial benefits or renewals effective for January 2018 and thereafter will be subject to the Change Reporting requirements noted above.

TANF recipients must be advised at application and case reviews of change reporting requirements and penalties, reminding them that any disqualification or penalty for failure to comply with TANF program requirements other than work and child support will mean a corresponding 25% reduction in SNAP benefits.

Reporting Requirement When a Child Leaves the Home

The parent/caretaker must report within 5 days when it becomes clear that a TANF child will be out of the home for more than 30 days. Action must be taken to remove the child if he/she will be out of the home for a full calendar month. The case must be documented to show why the child should or should not be removed from the grant. This timely reporting requirement does not change the temporary separation reasons in Chapter 3, Living with Grantee Relative.

The case must also be documented to show “when it became clear” to the family that the child(ren) would be absent from the home for more than 30 days in order to determine whether the report was made timely.

EXAMPLE: The child goes for a visit on June 15, expecting to return home on July 3. On July 1, the recipient learns that the child will not be returning until July 25. The child will be gone 40 days, June 15 to July 25, so the change report should be made by July 6, five days after it “became clear” that the absence would last 30 days or more. The next possible case action would be for August, so the case would be documented and no further action taken.

If the recipient learned of the expected absence on July 1 but did not report this until July 15, the recipient will be disqualified for August, one-month minimum. In the same example, if the recipient failed to report the absence until September 15, the report is two months late and the disqualification would be for two months, October and November.

A claim for overpayment should be made for any month in which the child is absent from the home for the full month when the recipient did not report timely. Consider when the action to remove the child should have occurred had the recipient reported timely.

EXAMPLE: On June 6, a TANF child leaves the home, expecting to return on June 20. On June 14, the recipient learns that the child will not be coming home as expected but on August 2, in time for school to start. Timely action requires this change to be reported by June 19, but the recipient

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Revised 12-01-17

TIME FRAME FOR HANDLING CHANGES Changes in the recipient's situation come to the attention of the Economic Assistance Office not only through regular redeterminations but also through reports from the recipient, the Income Eligibility Verification System (IEVS), quality control, people in the community, and other sources. The worker must follow up on all information received through IEVS and on any information which represents a change that has a bearing on eligibility. Once the change is reported, the worker will have 10 days to request information when verification is required and then 10 days to take action on the change once the information is received. The required change in status should be made at the next possible payroll date after the change occurs and the facts have been established. The next possible payroll on which action can be taken will be: 1. The next month after the change occurred and facts have been established when: a. The change is a grant increase or procedural change, such as transfer of children, transfer between counties, change in name or address, or technical change. If rollover has occurred when the change resulting in an increase is processed, it will be necessary to issue a supplement for the next month. See Volume X for instructions. b. The change is a reduction or closure action which does not require advance notice.

c. The change requires an advance notice but the ten-day advance period will expire prior to the first of the month for which action is desired and the individual does not request a hearing within the ten-day period. If the change is a closure and the case is in FROZEN STATUS in MAVERICS at rollover, the system will not transmit the benefit information to the EPPIC system if the ten days of the FROZEN STATUS period will expire on or prior to the last day of the current calendar month. However, if the individual supplies information which changes the decision to close the case or if the individual requests a hearing on a matter other than general agency policy or law, the worker should take steps in MAVERICS to authorize a correct or continuing benefit for the following month.

This procedure will change the case STATUS to OPEN, and the benefit will be transmitted to the EPPIC system. Volume III | Chapter 7 NOTE: If the case is in FRozen status because of a pending TWP conciliation when the

change report is received, the TWP conciliation must be handled before any other changes can be made. 7553

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2. The second month after the change occurred and/or facts were established when the action requires an advance notice, the ten-day period will extend into the month after the notice was sent, and the individual had not provided information to reverse the decision. PROCESSING CHANGES Processing Reported Changes in Income

When a household reports a change in income or the change becomes known to the agency the worker must review the information to determine if the case should be closed or a change in benefits is needed. If a household is expected to continue to meet or exceed 185% of the need standard for TANF for their household size at the time of their current review period, the case should be closed and the appropriate notice sent to the household. If the information reflects a change in scheduled hours and/or rate of pay, but does not cause case closure, prospective change should be processed based on reasonably anticipated income. Keep in mind the household must pass the gross and net income test to continue to be eligible for benefits. When the information does not reflect a change in scheduled hours and/or rate of pay, the previously established prospective income should remain in the case and no case change is needed. In either situation, it is imperative that the case be documented to explain why a change was or was not processed and the appropriate change notice sent to the household. Changes which become known to the agency from any source will be processed as appropriate. Known to the agency is defined as “known to the division”. For example, if information is known to another division such as Child Support or Family and Children Services, until the information is reported to the Division of Economic Assistance it is not considered known to the agency. If information is reported by another division, a change should be made as necessary. Information received via IEVS, such as BENDEX, SDX, or unemployment benefits, will be considered verified upon receipt and a case change processed if needed. All other IEVS should be investigated

MISSISSIPPI [ELIGIBILITY DETERMINATION PROCESS: CHANGES]

The MDHS-EA-946 Change Reporting Form will be used when the household requests that an individual be added to the TANF benefit. The form is to be signed by the payee making the request and the second parent (if applicable) prior to adding the individual to the case. The form will be documented as needed with information related to the new individual.

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Should the household report on the interim report the addition of a household member to be included in the case, the name, relationship, social security number, date of birth, declaration of citizenship, and date the new person was added to the household must be noted on the form. If all necessary information is provided on the interim report, use of the 946 Change Reporting Form to add a person to the case will not be necessary. CLIENT NOTIFICATIONS The recipient has the right to be notified of any changes in the amount of the TANF benefit and in the eligibility of any member of the budget group. Refer to topics in this material for the discussion on notices which must be sent and to Volume X for instructions for generating the notice forms. AUTHORIZATIONS The eligibility worker or supervisory staff may authorize continuing eligibility and changes in eligibility and benefit amount. This includes redeterminations, and changes reported by other means. SPECIAL PROCEDURES Transfer of Cases Between Counties Case transfers require the use of appropriate MAVERICS procedures. See Volume X for specific MAVERICS transfer procedures. Counties must communicate and coordinate case transfers, especially when a generic case is involved, to prevent undue hardship on the recipient. Cases to Transfer When a county office becomes aware that a recipient or TANF family group is living in another county in the state, the worker will determine from the recipient whether the stay out of the county is a visit or a permanent move. If the recipient states that the stay is a visit (less than 30 days), set a tickler to send a notice of adverse action prior to rollover to freeze and close the case unless the recipient reports his return. If the recipient states that the stay is a permanent one,

transfer the case to the new county in which the recipient is living and notify the new county of the transfer.

Responsibilities of Transferring County Prior to transferring the case, the worker will review the case record, prepare any improper payment report indicated, and take appropriate steps regarding changes that affect the recipient's eligibility or TANF benefit, including the handling of all pending IEVS or other alerts. Cases may be transferred to a new county in open or received status, depending on case actions pending, if any, at the time of transfer (see “Transfer Procedures/Add-a-Program” below). Appropriate steps include the following: • Entering change data in the system when the transferring county is aware of an increase due the assistance unit. Authorize the increase in the TANF benefit and send notification to the recipient prior to transferring the case through the MAVERICS system.

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Revised 12-01-17

• Processing closures rather than transfers when the transferring county is aware of ineligibility prior to transferring the case to the receiving county. • Ensuring that the Case Documentation (CADM) screen in MAVERICS is documented and the receiving county notified regarding any pending action, such as an outstanding request for information, prior to transfer (see “Note” below). Whenever the transferring county has an outstanding pending action requiring additional information at the time of case transfer, if the verification is received at any time by the transferring county, that office must scan documents related to the request to the appropriate folder in Interwoven/Worksite. The receiving county must be notified that the requested verification is in the electronic case record. • Processing address changes on the ADDR screen in MAVERICS. Once all pending actions (such as, but not limited to, claims, IEVS, or other alerts) are handled, MAVERICS notice A801, Transfer Between Counties, should be sent to the household. The case should then be transferred to the receiving county through the Case Record Control (CARC) screen in MAVERICS. In cases for which the county has received IEVS State Resource Data, the worker should make every effort to resolve discrepancies and document accordingly prior to case transfer. When it is not possible to resolve questionable information, transfer the State Resource Data to the new county according to security procedures established to protect the confidential nature of these forms. • Providing the receiving county with any information on the case situation that affects eligibility and which may come to the attention of the transferring county after the transfer has been processed. For example, the recipient may notify the transferring county of a move to a third county after the case had been transferred to the receiving county. Responsibilities of Receiving County When a system alert is received indicating a case has been transferred, the county director or his/her designee in the receiving county must conduct a desk review of the case, accessing case information through MAVERICS and Interwoven/Worksite. The review should aid in determining what actions, if any, should be taken or what changes may be anticipated prior to assigning the case to the appropriate case worker. Anticipated changes in income, interim reports due, or an upcoming full case review may be discovered during the desk review. The availability of TANF Work Program (TWP) placements and supportive services in the receiving county must also be assessed for the received case.

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7557 Any other required actions, such as handling pending actions not completed by the transferring county, should be handled as necessary. See “Note” below. The established review period for the TANF-only case will not change. For a TANF/SNAP combination case transfer, the SNAP certification period will remain unchanged. Transfer Procedures/Add-a-Program When a report is received that a TANF-only household is moving to another county and intends to apply for SNAP, the transferring county should handle all pending actions (claims, IEVS, and other alerts), document the change of address on the ADDR screen in MAVERICS, and ensure that all steps for transfer are followed according to instructions noted above under “Responsibilities of Transferring County”. Regardless of the timing of the request/application, the receiving county must handle eligibility determination for the new program. Example: The Jones household receives TANF benefits, reports to their worker in County “A” that the family is moving to another county and wants to apply for SNAP. No SNAP application is submitted at the time of the reported move. County A will ensure that all necessary transfer procedures and any pending actions are handled, then CARC the case to County “B”. In turn, County B will be responsible for handling the household’s request to add SNAP, such as providing the household an appointment, conducting the interview, and obtaining necessary verification to determine eligibility for SNAP. Example: The Jones household, receiving TANF benefits, submits an application for SNAP in County A on April 5. County A schedules the add-a-program appointment for April 11. On April 9, Ms. Jones reports the household has moved to County “B”. County A must ensure that the application and all documents are scanned to Interwoven/Worksite and that all necessary transfer actions are handled prior to case transfer. County A must notify County B of the transfer and pending SNAP application. County B must provide the household with rescheduled appointment, adhering to timeliness standards of the application submitted April 5. Communication between each county is essential to ensure that transfer procedures are handled timely. NOTE: In add-a-program situations, whether handling a new TANF or new SNAP application, normal timeliness standards will apply.

MISSISSIPPI [ELIGIBILITY DETERMINATION PROCESS: CHANGES]

Revised 12-01-17

Transfer of Combination Cases When a household receiving both SNAP and TANF reports a move to another county, the usual

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7558 procedures for transfer must take place, with all pending actions handled and the case address changed on ADDR. The worker should send to the household the A801 Transfer Between Counties notice for the TANF case and the F801, SNAP Transfer Between Counties notice for the SNAP case. Once all necessary transfer action has been taken, the case should be CARC’ed to the new county. Transfers Involving Claims Discovering/identifying a claim means that necessary information has been obtained in order to work the claim. Therefore, in a transfer situation, claims identified by a transferring county must always be completed by that county prior to transferring a case to a new county. When a request for information has been issued for the purpose of obtaining information to identify a claim, when/if the information is provided will determine which county will be responsible for working the claim. Example: A worker in County “A” requests wage information from an employer for a possible claim and receives the necessary verification. The worker in County A then identifies the claim. While the claim is in ID’d status, a request for case transfer is received from County “B”. Prior to taking the necessary steps to transfer the case to County B, the County A worker must process the claim. However, if the requested verification for working the claim had not been received by County A at the time of the case transfer request, the County A worker should document the case record and notify County B regarding the pending request prior to case transfer. If/when the requested verification is submitted, the worker in County B would be responsible for identifying and working the claim. NOTE: Pending actions must be handled as efficiently as possible by the first/transferring county prior to any case transfer. Example: Ms. Jones reports she has started a new job and her case worker provides her a request for information the same day. Four days later, Ms. Jones reports her household is moving to another county. If Ms. Jones provides the requested verification prior to her report of the household’s move, the first/transferring county must make the appropriate changes to the case and notify the household of the change, prior to the transfer. However, if the verification is not provided prior to or at the time of the report of the move, the transferring county should document the case record regarding the pending request, then take the usual steps to transfer the case to the receiving county. The transferring county must notify the receiving county of the

Revised 06-01-19

pending request for information at the time of case transfer. Should the transferring county receive documents related to the pending request after case transfer, the verification should be scanned to the electronic case record and the receiving county notified. The receiving county will then be responsible for handling the case change based on if/when the verification is received. Interim Reports In instances when a household moving to a new county within the state reports the move by returning an interim report to the first/transferring county, the first county must process the report prior to case transfer, if possible. Generally, the same procedures for interim report processing will apply. If the household’s report of changes requires verification, normal interim report procedures for requesting information will be required. If the transferring county receives the requested

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7559 verification, the report should be processed and the case transferred to the new county, following normal transfer procedures. Should the transferring county not receive requested verification, resulting in case closure, or the case closes due to no return of the interim report, the case status should be documented on CADM and the receiving county notified. All possible action should be taken by the transferring county prior to case transfer. See Chapter 6, INTERIM REPORTS. If the recipient moves to a third county before receiving a TANF benefit from the second county, the second county will take appropriate action to transfer to the third county as soon as possible. CHANGES WITHOUT NOTIFICATION When households relocate and the former county is not made aware of the change, closed and currently active cases may be registered in the following manner: Closed Cases - Registered in New County For households that move to a new county and reapply for benefits, the application may be registered in the new county, with MAVERICS automatically CARCing the case to the new county. The case will be ready for processing in the new county the same day it is registered. Example: The Smith household moves from County A to County B and applies for SNAP. The household’s previous SNAP case closed 6 months ago. When the application is registered, the case will be automatically CARCed from County A to County B. The application will be available for processing the same day.

MISSISSIPPI [ELIGIBILITY DETERMINATION PROCESS: CHANGES]

Revised 06-01-19

Active Cases - Add-a-Program For households participating in one program that move to another county and apply for a new program, an application may be registered in the new county. Upon registration, the currently active case in the former county will be automatically CARCed to the new county. MAVERICS will issue notice X820, SNAP/TANF Transfer, informing the household that the currently active case has been transferred to the new county of residence. At case transfer, the former county of residence will be notified via system alerts issued to the case worker and director in that county. Example: The Jones household, currently receiving SNAP benefits in County A, moves to County B and applies for TANF. At registration of the TANF application, the household’s SNAP case will be automatically CARCed to County B. This action will generate system notice X820, SNAP/TANF Transfer, notifying the household that the SNAP case is being transferred to County B. The case will be available for processing the same day. Example: A TANF Work Program (TWP) household in County A moves to County B and applies

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7560 for SNAP. The household’s relocation is not reported to County A. At registration of the SNAP application, the currently open TWP case will be transferred to County B. The SNAP application will be available for processing the day after registration. County B will be responsible for assessing the availability of TWP placements and supportive services in County B. At the time of such case transfers, there may be instances where pending actions on currently active cases remain unresolved by the former county of residence, such as, but not limited to, claims, IEVS, alerts, cases returned to workers for correction, TWP-related issues, etc. Upon discovery of outstanding case actions, communication between the former and new county of residence is required in order to resolve issues, as needed. Transfer of Children When two or more responsible relatives assume the care of children in an active case and payments should continue without a break, the worker will follow procedures set out in Volume X, Transfer of Children Between Cases. Refer to those instructions for a detailed definition of this term. When the children move to another county to live with another grantee relative, the first county is responsible for furnishing eligibility information to the second county on those children who have gone to live in the other county. The worker will: 1. Give the basis of deprivation for each child involved, the appropriate date or dates of the loss of parental support and care, and the documentation of the loss.

MISSISSIPPI [ELIGIBILITY DETERMINATION PROCESS: CHANGES]

Revised 12-01-17

2. Provide a written summary of the name, relationship, date of birth, name of father and mother, alien status, and verification source. 3. Describe the income and resources available to the child or children. Specify whether the payee has been receiving Child Support, Social Security, SSI, veteran's benefits or other income for any of the children. 4. Describe the reason for the move of the grantee relative and children or the children only from the first to the second county. The worker should use the CADM screen in MAVERICS to document the case situation. For Staff Members and Their Relatives The policy set out in Chapter 7, Special Procedures, on handling applications for employees and

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[REFERRAL TO THE TANF WORK PROGRAM:

MISSISSIPPI INTAKE]

Revised 11-01-17

OVERVIEW

The material in this section will discuss the Temporary Assistance For Needy Families (TANF) Work Program (TWP) Work Registration requirements for TANF applicants, the Vocational Rehabilitation requirements for TANF applicants and recipients, and the eligibility requirements for the TWP. This section will define the nonexempt individuals who are required to participate in TWP and the exempt individuals who volunteer to participate in TWP. The responsibilities of the Mississippi Department of Human Services case managers and Mississippi Department of Employment Security (MDES) WIN Job Center interviewers after the TANF case is approved will be discussed later in this chapter.

DETERMINING ELIGIBILITY FOR PARTICIPATION IN TWP WORK REGISTRATION OR VOCATIONAL REHABILITATION ACTIVITIES

Caseworkers at each local county office determine whether TANF applicants are required to participate in and/or comply with TWP Work Registration (TWR) (formerly Up-Front Job Search) or Vocational Rehabilitation (VR) requirements during the TANF application processing period. Refer to Chapter 3, Office of Vocational Rehabilitation (OVR) and/or TANF Work Program, for more detailed information.

When it is determined that a TANF applicant is referable to case management for TWR or Vocational Rehabilitation requirements, the eligibility worker will schedule a TWP appointment with case management within three (3) days. Based on case actions taken by the eligibility worker, MAVERICS will create a TWR or VR file. The case manager will use the Pull Case Data (PUCA) screen in the Jobs Automated Work System (JAWS) to pull the case from MAVERICS to have immediate, real time access to the file. The eligibility worker will document the referral, via the MDHS-EA-319A, TANF Referral Log, which will be forwarded to the case manager supervisor the same day. The case manager supervisor will use the MDHS-EA-319A to make case manager assignments. In counties where the eligibility worker and case manager are the same, the MDHS-EA- 319A will not be necessary. When a manual referral is received, the case manager will access the Pull Case Data (PUCA) screen in JAWS to “pull” the referred client. Once the client is “pulled,” the client’s information will display on the Client Information Inquiry (ICLI) screen and assign the client to the case manager’s caseload.

NOTE: The TANF Program Status for all referable TANF applicant cases will be in REceived status. The Received status will update to PEnded status if the application is processed with pended information. The TANF case status and date will be updated to OPen at approval.

TWP Work Registration

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Volume III | Chapter 8 All TWP applicants will complete the TWP Work Registration process which requires the Revised 11-01-17

applicant to register with Mississippi Works at www.mdes.ms.gov and provide verification to the MDHS case manager within 10 days. When possible allow the applicant to complete this process the same day as TWP orientation. Applicants may use the public terminals at the MDHS county office to register with Mississippi Works, complete the profile information and print the profile page to verify registration was completed. If the TWP participant has previously registered with Mississippi Department of Employment Security (MDES), the individual must update their profile information and print the profile page for verification. The TWP applicant, if non-exempt, should also be given the option of choosing his/her WIN Job Center location at the orientation appointment. The WIN Job Center location selected will become the applicant’s/recipient’s service center for ongoing TWP service.

Once verification of registration is provided and the WIN Job Center location has been selected by the applicant, the MDHS case manager will complete the following on the Maintain Upfront Job Search (MUJS) screen in JAWS:

• Enter “Y” in the Referred to MDES field. • Enter the current date in the Start Date field. • Enter “Y” in the MDES Assignment Completed field. • In the Comments field enter “TWP participant has completed the registration process with Mississippi Works and provided verification of registration. The (enter site location) WIN Job Center location has been selected by the TWP participant”. • Enter “FC” for Fully Complied in the UJS Completion Code field.

Office of Vocational Rehabilitation

TANF applicants and recipients who have been determined to be incapacitated (eligible for the JB code) or who report they are unable to work will be required to apply for Vocational rehabilitation (VR) services and complete the VR intake process. TANF applicants are required to meet with a VR counselor and complete the VR intake process before their TANF application can be approved, if otherwise eligible. TANF recipients who were not referred to VR during the TANF application period will be referred at their next regularly scheduled TANF redetermination appointment. TANF applicants and recipients who are referred to VR must take a copy of the MDHS-EA-331, Report of Medical Examination, Vocational Rehabilitation Referral, T022, along with any other medical documentation, to their VR appointment and present the paperwork to the VR Counselor. The VR Counselor will not interview a TANF applicant or recipient without the proper medical documentation.

8000

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Applicant Referrals to Vocational Rehabilitation

The case manager will work with the Office of Vocational Rehabilitation (OVR) designee, at the local level, to schedule an appointment with the OVR counselor. An applicant who is referred to the OVR will be given a referral form. The case manager will generate JAWS Notice T022, Vocational Rehabilitation Referral, contact the appropriate entity to schedule the appointment date and time and enter the information on the T022. The applicant will give the T022 to the OVR representative at the appointment. The VR representative will complete Section B, Page 2, to document the status or outcome of all VR assignments and fax or mail page two back to the local MDHS county office within five working days from the date of the T022. Forms that cannot be returned within five working days must be returned no later than 10 days. Upon receipt of the completed T022, the case manager will code the MUJS screen according to the verification received.

Notification of Cooperation

When it is determined that an applicant fully completed or failed to comply with the TWR or VR requirements, the case manager will access the Maintain Up-Front Job Search (MUJS) screen and enter the appropriate completion code. Once a completion code is entered, JAWS will interface with MAVERICS through the nightly batch process. MAVERICS will code the Authorization of Supervisor (AUSP) screen and send an alert to the TWP Alerts Due Today or Overdue (TWAD) screen informing the worker to process the application. The eligibility worker will process the application according to the code displayed on the AUSP screen. MAVERICS will not allow the application to be approved if a code other than FC (fully complete), DC (discontinue client) or NR (not required) is received from JAWS. If a denial code is received, MAVERICS will automatically deny the application based on the denial code received from JAWS and notify the applicant via MAVERICS Notice X710, TANF UpFront Denial. MAVERICS will generate an alert to the eligibility worker that the application has been denied.

NOTE: The thirty-day timeliness standard for processing TANF applications applies.

MAVERICS will not allow the eligibility worker to approve or deny applications for individuals who are required to cooperate with TWP Work Registration requirements until the case manager enters a UJS/VR completion code on the MUJS screen. The eligibility worker and case manager will work together and set ticklers, if applicable to ensure timeliness standards are met. In situations where applicants cannot, due to no fault of their own, complete the TWP Work Registration process timely, the case manager may use the “NR-not required” code to allow the application to be processed timely. Using the “NR” code for this purpose will be approved by the case manager supervisor and the case record documented accordingly.

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A non-exempt TANF applicant is not considered a TWP participant until the TANF case is

Revised 07-01-19

approved and the TANF Program Status code is updated to “OPen” in JAWS. At any point prior to TANF approval, a referable applicant (TWP Work Registration or VR) who fails to comply with any aspect of TWP Work Registration or VR, without good cause, will have his/her TANF application denied. Further clarification:

• The TANF application for a TWP Work Registration referral can be denied, after the 10th day, for failure to provide requested information for eligibility.

• The TANF application for a potential VR referral will be held and processed according to timeliness standards.

Once the TANF application for a referable adult is approved and the case is “OPen” in JAWS, the individual will be considered a TWP participant and ongoing TANF/TWP policy and procedures will apply.

DETERMINING ELIGIBILITY FOR PARTICIPATION IN TWP

TANF mandates participation in approved work activities for all adult TANF recipients who are work eligible and do not meet specific exemption criteria. TANF benefits will not be paid to individuals who are not participating in approved work activities after being determined “work eligible” and referred to the TWP. The family’s TANF time limit will be reduced from a 60-month time limit to a 24-month time limit. Work eligible individuals are determined by their status in the TANF assistance unit. Work eligible individuals include all adult TANF recipients or minor child heads-of-household (recipient or non-recipient) and non-recipient parents (fleeing felons, and individuals disqualified for fraud - TANF participation code DF or individuals disqualified for enumeration - TANF participation code DI) living with a child receiving assistance unless excluded for one of the reasons listed below.

• The individual is a non-recipient parent who is: o minor parent who is not a head-of-household; o an alien ineligible for assistance due to immigration status; or o a recipient of Supplemental Security Income (SSI) benefits.

• The individual is a recipient or non-recipient parent who is: o providing full-time care for a temporary or permanently disabled family member living in the home who does not attend school or is attending a mental/rehabilitation program on a full-time basis as defined and verified by the school or institution. The family member is defined as the spouse, parent, step-parent, sibling, child, step-child, grandchild, grandparent, son-in-law, daughter-in-law, mother-in-law, father-in-law,

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o brother-in-law, or sister-in-law of the case head. Child means a biological, adopted or foster child, or a child for whom the individual stands in loco parentis. The disability must be supported by medical documentation which requires the parent to provide such care twenty-four hours per day, seven days per week and defines how long the disability is anticipated to last; or o a recipient of SSI.

• The individual is a non-needy caretaker relative.

NOTE: All needy caretaker relatives are included in the work participation rate calculation.

Case Definitions

A TANF Basic case is one in which:

• There is a single parent included with his/her child(ren); • There is a single caretaker relative included with the child(ren); • There are two parents included with the child(ren) and one or both parents are disabled; or • There are two parents with the child(ren) but one parent receives SSI, and is not included in the assistance unit (AU).

A two-parent family case for the purposes of the TANF Work Program participation requirements will be the TANF-UP family in which both parents are able-bodied. If either parent claims an exemption because of incapacity, the case will be handled as a TANF Basic case.

Non-Exempt Individuals

Recognizing that adult recipients of TANF benefits, unless specifically exempt, have a 60-month lifetime limit for receiving assistance, the focus will be on preparing the individuals for work, assisting them with finding employment, providing post-employment assistance, and teaching the individual about job retention.

All adults who are not specifically exempt from the TANF Work Program will be referred to the MDES for an assessment and placement in work activities. Non-exempt individuals are TANF recipients who do not qualify for an exemption, and are subject to TWP requirements as a condition of eligibility for TANF benefits. These individuals are often referred to as “mandatory participants.” These categories include:

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Revised 11-01-17

Revised 07-01-19

• Parents whose youngest child is over the age of 12 months.

• VISTA volunteers and other volunteers participating in activities under the National and Community Service Trust Act of 1993, such as AmeriCorps.

• Both parents in two-parent families, unless exempt because one parent is caring for a disabled child or household member, will be referred to the TANF Work Program.

• Individuals who are employed part-time (working less than 35 hours per week) or full-time (working 35 or more hours per week).

• Teen parent heads-of-household (under age 20) will be referred to the TANF Work Program, once the child is 12 weeks of age. Teen parents will be required to participate in educational activities if they have not completed high school or received a GED. Refer to Chapter 3, Teen Parents, for additional and more detailed information.

NOTE: A minor parent under age 18, who is a dependent in a TANF case rather than the head- ofhousehold, may be referred to the TANF Work Program as a MV-minor volunteer if supportive services (child care and transportation only if needed to transport the child to daycare) are needed to remain in school. Refer to Chapter 3, Teen Parents and Volunteers, for additional and more detailed information.

• Individuals who are incapacitated or report they are unable to work will be referred to TWP for assistance in gaining access to services available through the Department of Rehabilitation Services, Office of Vocational Rehabilitation. The TWP Program Status Code for these individuals will be VR-vocational rehabilitation. Refer to Chapter 3, Referral of Incapacitated Adults, for additional and more detailed information. Individuals who are determined ineligible for VR services will be referred back to the eligibility worker and may be eligible for the JB code if all of the eligibility criteria for receiving the JB exemption are met.

• Individuals who are disqualified from TANF for enumeration, school attendance or failure to report a child not in the home (coded DI), unless the citizenship code is IA-ineligible alien.

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JK* Pregnancy-Third Trimester - a pregnant individual in her third trimester of pregnancy can be exempt from work program requirements if there are complications with the pregnancy. The complications must be verified by a doctor’s statement. Not-Exempt Exempt JD* Drug Abuse - an individual who undergoes appropriate substance abuse treatment, verified by a physician, will be exempt from work requirements during the treatment period only. Not-Exempt Exempt JJ Caretaker of Child Under 12 Months - a parent caring for a child under 12-months of age who chooses to be exempt from work requirements. Not-Exempt Lifetime maximum of 12 months. Exempt Life-time maximum of 12 months.

* Must be documented by a physician ** If the individual coded JI is also the PI, LP or SP, the 60-month counter will be incremented. Volunteers

A single parent who is exempt for caring for a child younger than 12 months old (JJ) or who is a victim of domestic violence (JV) may choose to volunteer for the TANF Work Program. The “JJ”

and “JV” exemptions are limited to a lifetime maximum of 12 months each. Individuals in these exemption categories may choose to volunteer for work program services. If requested, the individual’s JOBS status code will be changed to “EV - exempt volunteer” and the individual will be referred to case management to begin the TWP referral process and will be referred to the MDES for assessment and placement in a work program activity.

Adverse action policy and procedures will apply to exempt individuals who volunteer for TWP services as it does any other TWP participant. Exempt individuals will be conciliated for noncompliance which may result in a TWP sanction and corresponding SNAP sanction. Prior to referring an exempt individual to the TWP, the worker will explain work program requirements and penalties for noncompliance. The worker will document the case record that the individual understands the work requirements, the conciliation/sanction process, and the penalty for failing, without good cause, to attend or participate satisfactorily in the assigned work activity or committing a voluntary quit violation. Forms MDHS-EA-312, MDHS Personal Responsibility Contract for TANF, and the MDHS-EA-359, TWP Agreement to Participate Following Notice of Adverse Action or Referral as an Exempt Volunteer, will be completed (prior to referral) and filed in the individual’s case record as documentation of his/her understanding of TWP rules, regulations and requirements.

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• additional household members • loss of household members • change in health conditions of the individual or family member or • dependent child turns age one

NOTE: A single parent of a child under age one will lose the “JJ” exemption status and become mandatory the month following the month the child turns age one or the month following the month the child turns six weeks old if the parent has used up all 12 of her exemption months, unless exempt for some other reason.

If the change results in a change in the individual’s TWP status, the case manager will document the case record and make appropriate changes in MAVERICS and JAWS.

Exempt Volunteers

Only the following exempt individuals may volunteer for the TANF Work Program:

• An individual caring for a child younger than 12 months old (JJ). • An individual who is a victim of domestic violence (JV).

TANF benefits received while the individual is participating in an approved TANF work activity will not count in the family’s 24-month time limit or the 12-month exemption time limits for JJ and JV. Penalties for noncompliance with TANF work requirements will apply to “EV-exempt volunteers,” unless good cause is substantiated. These individuals must not be coded WL, WP or WH. The EV code will allow the case manager to set-up a conciliation record.

Minor Volunteers

State law requires minor parents who are not married to live with their parents or other adult caretaker relatives in order to receive assistance. Any request for exemption from this provision will be approved by State office. If approved by State Office, the minor parent’s relationship coded will be changed to “PI” as head-of-household and the JOBS status code will be changed to “NE-nonexempt” in MAVERICS and referred to the TWP. If not approved by State Office, the relationship will remain “CH” as a child and the JOBS status code may be changed to “MV-minor volunteer” if the minor parent is enrolled in a secondary education or GED program and needs child care assistance in order to participate.

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NOTE: A “MV-minor volunteer” who fails to attend school satisfactorily will be sanctioned under school attendance policy, not TANF Work Program policy. The minor parent’s TANF program status code should be changed back to “JI” and the appropriate penalty applied. Refer to Chapter 3, School Attendance Requirements, for additional and more detailed information.

Spouse Volunteers

TANF recipients who marry after October 1, 1999, are eligible for the marriage disregard for a period of six months. This spouse, if unemployed or underemployed, will be allowed to volunteer for participation in the TANF Work Program as a spouse volunteer. However, because this individual’s presence in the TANF household will be disregarded, there will be no TWP referral through the MAVERICS/JAWS interface. All procedures involving this individual will be handled manually.

The eligibility worker will refer the spouse volunteer to the case manager via MDHS-EA-364, TWP Communication Form. Communication between the eligibility worker and the case manager concerning this individual will be done via MDHS-EA-364, TWP Communication Form. The only distinction between the spouse volunteer and other volunteers is the fact that all procedures will be done manually. Refer to Chapters 3 and 6, Marriage Disregard, for additional and more detailed information.

Non-Compliance with the TANF Work Program

Penalties for noncompliance with the TANF Work Program do apply to volunteers. The MDES will notify the case manager when an exempt volunteer is not attending or participating satisfactorily or is no longer participating in the program using the MDHS-EA-387, TWP MDHS/MDES Communication Form. Individuals who qualify for either the JJ or JV exemption but volunteered for the TWP as an EV will be conciliated and the appropriate TWP sanction applied if they fail to cooperate or participate satisfactorily, without good cause. If good cause is substantiated and approved by the case manager supervisor, the EV code will be changed to JJ or JV which will resume the 12-month exemption counters for these individuals.

Minor parents are subject to school attendance requirements not TWP penalties. Minor volunteers (MV) who fail to attend school satisfactorily will be coded JI in MAVERICS and the worker will begin the school attendance sanctioning process.

If a TANF recipient fails to cooperate or comply with TWP requirements or the only eligible child leaves the home, all TANF supportive services will be terminated immediately. Refer to Chapter 11, Conciliation, for additional and more detailed information.

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Revised 11-01-17

Revised 07-01-19

Exclusions

States have the option of including in the participation rate, families in the State that are receiving assistance under an approved Tribal family assistance plan or under a tribal work program. MDHS has entered into an agreement with the Mississippi Band of Choctaw Indians which allows the Tribe to operate a separate TANF Work Program for their TANF eligible members in seven (7) Mississippi counties. Funding for this program is deducted from the State's Federal funding for the TANF Program. Therefore, it is essential that eligible Choctaw Indians residing in the seven (7) counties be served by the Tribal TANF Work Program rather than the MDHS TANF Work Program. The seven (7) counties providing work program services to eligible Choctaw Indians through the Mississippi Band of Choctaw Indians are:

Jones, Kemper, Leake, Neshoba, Newton, Scott, and Winston

However, child care services for Choctaw Indians are funded through MDHS. Choctaw Indians needing child care assistance will be verbally instructed by the tribal office to contact the MDHS local county office to apply for child care services (refer to Chapter 10, Arrangement of Child Care Services for Tribal TWP Participants and Child Only Cases). Choctaw Indians are subject to the TANF 60month lifetime maximum, but not the 24-month time limit. The 24-month counter for such cases will not increment.

TANF WORK PROGRAM REFERRALS

A referral to the TANF Work Program may be initiated by the intake eligibility worker as a condition of eligibility for TANF, or may be requested by the individual who would like to volunteer for TWP participation. Refer to Chapter 8, Volunteers, for additional information pertaining to volunteers. All referrals, with the exception of absent parents and spouse volunteers, are processed using the automated exchange of data between MAVERICS, the automated system which supports the TANF and SNAP programs, and JAWS, the automated system which supports the TANF Work Program. Each referral is classified by JAWS as either an initial referral, re-referral of a prior participant or a request for reinstatement. TWP referable codes are as follows:

NE - Nonexempt

EV - Exempt-volunteering

VR - Vocational rehabilitation

DV - Drug violator (for sanctioning purposes, not participation)

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Reinstatements

If the referral is for an individual with a previous record in JAWS and his/her TWP participation has been closed for 30 days or less, the case will be classified as a reinstatement. When an individual is reinstated in the TWP, the historical information about the individual is brought back into the reinstated individual’s JAWS record and updated with any new information sent in the referral from MAVERICS. The reinstated individual may, at the discretion of the case manager, be required to complete another assessment. In this case, this individual will be referred to MDES to complete the assessment and placement. An individual who was recently terminated from the TWP may be reinstated at the point at which he/she left the program (i.e., case closed in error). The individual is not required to repeat the TWP Work Registration process, and may be referred to MDES to be reassigned to a component. Any individual with an assessment more than 90 days old will be referred to MDES to complete another assessment and receive a component placement, if needed.

If a prior participant does not meet the criteria for reinstatement, the participant will be assigned to a case manager and scheduled for orientation. This participant must also be referred to MDES for an assessment and placement. Any historic information about the participant's previous participation is available in JAWS for review by the case manager.

“REceived” Status Referrals

TANF applicants who are required to comply with TWP Work Registration or vocational rehabilitation requirements will be referred by MAVERICS to JAWS in “REceived” status. This includes individuals who have served their TANF sanction period and would like to comply in order to receive TANF benefits. These individuals will complete the TWP Work Registration and the TWP orientation processes before the eligibility worker can complete the application processing procedures. Once the compliance has gone to MAVERICS and the case is approved, JAWS will receive a new referral. TANF applicants are not eligible for supportive services prior to TANF approval. The MDHS case manager will not authorize supportive service or assign the individual to any activity prior to receiving the completed MDHS-EA-387, TWP MDHS/MDES Communication Form from MDES, following assessment and placement appointment.

NOTE: Because of the MAVERICS-to-JAWS interface, the case may or may not be in JAWS until the next day.

Redetermination

A redetermination is a reevaluation (or review) of a recipient’s situation to determine whether or not eligibility continues and whether the amount of TANF benefits, if any, is correct. When a TANF recipient is scheduled for reevaluation of TANF and SNAP benefits; his/her progress in the TWP may also be evaluated.

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Revised 11-01-17

Referral Errors

If it appears that an excluded or ineligible individual was referred in error, it is likely that the information about the TANF recipient is also incorrect (i.e., child under age 18 who is not the PI is referred as nonexempt). When the case manager corrects the individual’s information in MAVERICS, the referral status is also corrected in JAWS.

For example, if the case manager receives a referral for a Choctaw Indian residing in one of the seven (7) counties where TANF work requirements are handled by the Mississippi Band of Choctaw Indians rather than by MDHS, it is likely that the individual's race/ethnic code and/or county of residence are incorrect. When these are corrected in MAVERICS, the referral is redirected to the proper work program entity. If the case manager becomes aware of a change in the individual’s circumstances after referral, the changed information is recorded in JAWS and will be verified before being corrected in MAVERICS.

INTAKE

Intake is the process of receiving TANF applicants and recipients referred by the intake eligibility worker for compliance with Vocational Rehabilitation requirements or for TWP Work Registration, participation in the TWP, orienting those individuals to the program, assisting in the completion of the TWP intake process, if necessary, and their willingness to participate in the TWP.

The intake eligibility worker will schedule a TWP intake appointment within three days and refer the applicant to case management. Failure to keep a TWP intake appointment will mean that the individual no longer needs TANF assistance and would like to withdraw his/her TANF application. If an applicant fails to keep the TWP intake appointment, the case manager will enter the “WD-withdraw TANF application” code in the UJS Completion field on the Maintain Upfront Job Search (MUJS) screen within two days. If the WD code is not entered within two days, JAWS will automatically enter the “NS-no show” code. In a no show situation for TWP requirements, the preferable code is WD which will be entered by the case manager within the two-day time limit. If the individual keeps the appointment and the MUJS screen is not coded FC (fully complete) within two days, JAWS will automatically enter a denial code. When the completion code WD or NS is entered on MUJS, JAWS will interface with MAVERICS through the nightly batch process and automatically deny the TANF application according to the closure reason received from JAWS. MAVERICS will send an alert to the worker that the application has been denied.

MAVERICS Notice X710-TANF-Up-Front Denial will be sent to notify the individual of the denial reason. When a TANF application is approved, the A101-TANF Approval Notice and the A810, TANF Work Program WIN Job Center Referral Notice will be sent to the applicant as notification. The MDHS Supervisor must release the A101 and the A810 notices at the same time during case review. All nonexempt adults will be referred to JAWS in an OPen status and required to participate in the TANF Work Program as soon as possible after the TANF case is approved. The A810 notice will

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4. A description of each available supportive service. 5. The role of the MDHS Case Manager and the MDES Staff. 6. Program expectations regarding consistent participation. 7. Consequences of adverse case action taken when non-cooperation with the TWP occurs. Case management staff must inform the TWP participant at the TWP orientation and whenever appropriate thereafter about the possibility of drug testing as a condition of employment. Refer to Volume III, Chapter 11, Drug and Alcohol Abuse, for additional information. 8. TANF Time limits (24 and 60-month). 9. TANF exemption time limits (12 months for JJ and JV). 10. The individual’s rights and responsibilities. During the TWP orientation appointment, the case manager must have the individual to review and sign the MDHS-EA-362A, Client Release Form. Failure to sign Section A of this form will not result in a sanction however, it may result in case denial or closure as the TWP is now handled by the Mississippi Department of Employment Security (MDES). If the applicant/recipient does not sign this form, he/she cannot be referred to MDES. If the applicant/recipient refuses to sign the MDHSEA-362A, the case manager must ask the individual why he/she is reluctant to sign the from or have information shared with appropriate service providers. The individual may have legitimate reasons for not signing the release. If the situation threatens the family’s well-being, the case manager must report this to the appropriate authorities (i.e., Mississippi Department of Child Protection Services.) The case manager must inform the individual that if he/she receives duplicate services, claims expense or receives reimbursement for which he/she is not entitled, he/she may be charged with fraud and will be responsible for repayment to the TWP. The case manager must give the TWP applicant the MDHS-EA-357, TWP Participant Travel Form, the MDHS-EA-379, TANF Child Care Services Application, and the MDHS-EA-380, Child Care Provider Selection Form at the TWP, the TWP participant must submit the completed forms to his/her WIN Job Center interviewer after the assessment is completed. The case manager must inform the applicant/recipient to complete and submit the forms to MDES within 30 days of the TWP approval date. The TWP orientation attendees should be given the opportunity and sufficient time to ask questions Volume III | Chapter 8 8051 about the TWP. When conducting a TWP orientation, the case manager must communicate in a positive manner and encourage participants to take advantage of the available services to

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attain new skills and employment experience that will improve their employability. The TWP orientation should continuously reinforce personal responsibility and the positive aspects, such as becoming self-reliant, obtaining full-time employment, brushing up on skills needed for employment, receiving supportive services (child care and transportation), earned income disregards, and receiving transitional benefits after losing TANF benefits because of earned income. The case manager should also send a clear and simple message to all participants that sanctions will be imposed for noncompliance. Whenever possible, TANF applicants must complete the SASSI, the TWP orientation and TWP work registration on the same day. If the TWP orientation cannot be done on the same day as the substance abuse screening, the case manager must reschedule the interview within three days of the initial TWP orientation appointment date. The TWP applicant has 10 days from the initial TWP orientation appointment date to provide the required TWP work registration documentation. Scheduling TWP Orientation Appointments Applications When it is determined an applicant is referable, the eligibility worker will schedule a TWP orientation appointment with case management within three days using the TANF Referral Log, MDHS-EA-319A. The MDHS case manager supervisor will use the MDHS-EA-319A to make case manager assignments. The case

Revised 11-01-17

manager will “pull” the case in JAWS and then schedule a TWP in JAWS Once the client is “pulled,” the client’s information will display on the ICLI screen and assign the client to the MDHS Case Manager’s caseload. Recipients TWP orientation appointment must be scheduled for an ongoing participant any time he/she becomes referable to the TWP. When a recipient’s JOBS status code changes from an exempt code to a non-exempt code, the JAWS system will automatically schedule an TWP orientation appointment for the participant and alert the case manager of the scheduled appointment. In those counties that do not use the JAWS automatic scheduling process, the eligibility worker must alert the case manager of the upcoming change so that a TWP orientation appointment can be scheduled by the case manager. The eligibility worker will set a tickler for recipients claiming an exemption for caring for a child younger than age one (JJ) for the month prior to the last month of the JJ exemption to allow the MDHS case manager an opportunity to schedule a TWP orientation appointment timely.

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MDES ASSESSMENT AND PLACEMENT The partnership between the Mississippi Department of Human Services (MDHS) and the Mississippi Department of Employment Security (MDES) involves MDES assisting with MDHS case management responsibilities in the TANF Work Program (TWP). The MDES will be responsible for conducting work readiness assessments, developing individual employment plans and utilizing its network of WIN Job Centers to assist TWP clients with job readiness training, education, and workforce skills training. Referral to MDES After the TANF application is approved in MAVERICS the case manager must complete the MDHS-EA- 385, TWP MDES/WIN Job Center Referral, Sections A-E, and scan and email to the selected WIN Job Center, the same day. This form has been made fillable so that staff can complete, save, upload, and email the document. The form should be scanned to the participant’s TWP Temporary folder. The A810, TANF Work Program WIN Job Center Referral notice instructs the TWP participant to report to the nearest WIN Job Center location within (7) calendar days from the notice date to meet with a WIN Job Center counselor and begin the assessment process. For purposes of enhancing the monthly TWP participation rate, MDHS offices are reminded of the general rule of approving TANF applications effective the first of each month when possible, maintaining timeliness standards. County Directors and Supervisors must encourage the staff not to hold or delay working cases that can be approved at the beginning of the month. This procedure will assist MDES in placing participants in components as quickly as possible to allow sufficient time to meet participation. In certain situations, the case worker will need to send both the MDHS-EA-385, TWP MDES/WIN Job Center Referral and the MDHS-EA-387, TWP MDHS/MDES Communication Form to MDES when referring TWP participants. The MDHS-EA-387 form is also fillable so that staff can complete, save, upload, and email the document. Listed below are some situations that require both the referral and the communication form to be sent to the WIN Job Center at the same time: If a participant’s exemption status is ending. If a participant loses or quits a job (only if good cause has been determined). If a participant finds a new job. If a participant is employed and his/her work hours drop below the required

participation hours. Note: The participant cannot be referred to the WIN Job Center until the exemption period has ended or until the case is approved. For instance, a participant’s exemption ends Monday, July 31. The A810 should be sent on August 1, which is the first day of eligibility. If the date falls on Saturday, Sunday or a holiday (observed by the State of Mississippi) send the A810 to the participant the first working day following the weekend or holiday. The MDHS-EA-385 (and the MDHS-EA-387, if needed) should be sent to the WIN Job Center location selected by the TWP applicant, on the same day as the A810 is released. The case manager may contact the participant on or after the first day of eligibility to inform the participant of the WIN Job Center appointment. TWP Participant Assessment The MDES interviewer must complete an individualized assessment and determine the most appropriate service(s). The assessment must include, at a minimum: Basic skill levels; Aptitude; Interest; Employment history;

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Education barriers; Career goal/interests; and Supportive service needs.

After completion of the assessment, the MDES Staff will develop a detailed Individual Employment Plan (IEP) for the participant. The IEP will include the assessment results for the individual’s career goal, qualifications, transferable skills, job-related assets, and barriers to employment. Individual Employment Plan (IEP) The IEP must include the following items: Date the IEP was created; Proposed activities (road map to success);

Any assessed employment barriers; Employment goal(s); Referrals, if any, made to other service providers; Participant’s consent and date; and Any other information relevant to employment and training. The IEP must be reviewed and updated, if necessary, during regularly scheduled meetings, or when a component or activity changes. Participant Engagement and Activity Assignments All TWP participants are required to participate in allowable work activities as scheduled and assigned by the MDES Staff. Activity assignments must be in compliance with all TWP policies and procedures. TWP activities are defined as Core or Non-Core activities as outlined below: 1. Core Activities (8) – are allowable work activities in which all countable participation (actual hours, holidays, and excused hours counted) reported will be counted toward the participant’s monthly participation requirement. The eight (8) core activities are: Unsubsidized employment Subsidized private employment Subsidized public employment Work experience On-the-job training Job readiness/job search (120/180 hour maximum in any 12-month period and no more than four consecutive weeks) Community service Vocational education training (12-month lifetime limit)

4. Non-Core Activities (3) – are allowable work activities in which countable participation (actual hours, holidays, and excused hours counted) reported will only be counted toward the participant’s monthly participation required, if the individual participates an average of 20 hours per week in one of the core activities. The three (3) non-core activities are:

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BARRIERS TO PARTICIPATION Employment barriers are defined as anything (e.g., child care, transportation, education, work skills, work ethic, attitude, housing, medical problems, etc.) that may hinder or prevent an individual’s participation in the TANF Work Program (TWP). TANF Work Program participants should accept personal responsibility for identifying and informing the MDES interviewer of any known problems or issues that may be a barrier, which could hinder or prevent participation in the TANF Work Program. Although the first opportunity to identify any barriers is during the TWP orientation by MDHS, the MDES will complete an assessment of each TWP participant referred after case approval If barriers are identified before the TANF case is approved or before the case is referred to the MDES, the MDHS case manager must address and/or direct the participant/applicant as needed. This includes contacting with the WIN Job Center or any other resource in the area. The MDHS case manager must notify the MDES interviewer using the MDHS-EA-387, TWP MDHS/MDES Communication Form, if any potential barriers to participation exist. After referred to MDES, it is vital for a participant to notify the MDES interviewer as soon as a barrier to participation is identified. The MDES interviewer must make every effort to assist the participant to resolve barriers prior to job loss or noncompliance with work program requirements. Once the MDES interviewer will send the MDHS-EA-387 the same day the barriers are identified. The completed MDHS-EA-357, TANF Work Program Participant Travel Form, MDHS-EA-379, TANF Child Care Services Application and the MDHS-EA-380, Child Care Provider Selection Form, will be sent to the MDHS case manager the same day of receipt from the participant, if needed. NOTE: The individual is not entitled to any supportive services until the case is approved Failure to satisfactorily participate in an assigned work activity or to get or keep a job because of inappropriate actions/behavior or the loss or lack of child care or transportation, without good cause, will result in a TWP sanction and corresponding SNAP sanction.

Potential Barriers to TANF Work Program Participation

Some barriers may not be reasons for an exemption from participation in TWP. Circumstances that can be barriers to participation include: 1. No available or reliable childcare. 2. No available or reliable transportation. 3. Temporary (less than 30 days) health care problems or advice from a doctor, which prevents participation (change the Jobs Status Code to JL-temporary illness). 4. A criminal record, which prevents participation. MISSISSIPPI [ REFERRAL TO THE TANF WORK PROGRAM: BARRIERS TO PARTICIPATION]

Revised 11 - 01 - 17 Volume III | Chapter 8 8110

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Volume III | Chapter 8

8113

4. A criminal record which prevents participation. 5. Temporary family emergency. The individual must actively take personal responsibility to identify and remove barriers to participation. The case manager will make every effort to assist the individual to remove barriers to participation. Any barriers identified during the assessment process are recorded in JAWS via the MCLB screen. If the individual cannot continue the assessment process because of a barrier, and the case manager has sufficient documentation (scanned to the case record) to substantiate the barrier, the case manager may indicate this by entering a completion code of “DC-discontinue client” on the MCA2 screen in JAWS. This indicates that the case manager cannot process the individual further. JAWS will update the TWP file status on ICLI from “H-holding” to “I-inactive”. At this point, the worker will send MAVERICS notice A106, TANF Time Limit Counter Information, to notify the client of the status of his/her TANF time limit counters. If the case manager feels the individual needs to be exempt, after entering the “DC” code in JAWS, the case manager will make the determination and enter the decision in MAVERICS or notify the eligibility worker accordingly. Once the exemption code has been entered in MAVERICS, a referral is sent through the interface to update JAWS. If the case manager changes the completion code in JAWS from “DC” to any other valid code, the participant processing will resume at the point of the assessment. Any barriers identified after the individual has been assigned to a TWP component must be reported timely, by the participant, and recorded, by the case manager, in JAWS through an exemption request or conciliation (to determine good cause). The TANF 24 and 60-month time limit counters will increment each month for individuals who are coded “DC” and do not receive an exemption from the TANF Work Program (view the NOHS screen in MAVERICS to verify that the A106 was sent.) The case manager is required to complete a desk review each month and schedule a face-to-face interview every 90 days to reassess the status of each barrier and determine if resources are available to remove the barrier(s) to participate. The A106 will be sent again at each 90 day reassessment appointment to ensure the individual is aware of the impact that non-participation in an approved TWP activity has on the 24-month counter. The CADM screen in MAVERICS or the Participant Contact Record (PACR) screen in JAWS must be used to document the face-to-face interview. Inactive individuals should be informed that they should report to their case manager any changes that would affect their eligibility status. If a barrier causes an individual to fail to meet participation requirements or make satisfactory progress, supportive services may be interrupted while the case manager works with the participant to alleviate the barrier.

MISSISSIPPI [ REFERRAL TO THE TANF WORK PROGRAM: BARRIERS TO PARTICIPATION]

Revised 10 - 01 - 14

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9302 Special Rule for Teen Heads of Households 9302 Satisfactory Participation 9302 Satisfactory Participation in a TWP Component/Work Activity 9304 Unsatisfactory Participation

Volume III | Chapter 9 9 Revised 11-01-17 OVERVIEW The goal of the TANF Work Program (TWP) is to provide TWP participants with the necessary skills, training, and supportive services that will lead them to self-sufficiency. At approval the TWP participant must report to the WIN Job Center to complete the assessment process. After being assessed, all TWP participants are required to participate in allowable work activities as scheduled and assigned by MDES. Activity assignments or placements must be in compliance with all TWP policies and procedures. The MDHS case manager will be responsible for entering and tracking activity assignments in the Jobs Automated Work System (JAWS). Documenting and monitoring monthly attendance will also be the conducted by the MDHS case manager. This chapter defines each of the program components (work activities) of the TANF Work Program (TWP). A TWP work activity/component is a structured, regularly scheduled program activity for TWP participants. Federal law specifies twelve separate and distinct work activities. Nine (9) are defined as core work activities and three (3) are defined as non-core work activities. All countable participation (actual hours, holidays, and excused hours counted) reported for a core activity will be counted toward the participant’s monthly participation requirement. Countable participation (actual hours, holidays, and excused hours counted) reported for a non-core activity will only be counted if the individual participates a minimum of 20 hours per week in one of the nine core activities. CORE AND NON CORE ACTIVITIES Federal regulations define core activities as those allowable work activities in which all countable participation (actual hours, holidays, and excused hours counted) reported will be counted toward the participant’s monthly participation requirement. Non-core activities are defined as allowable work activities in which countable participation (actual hours, holidays, and excused hours counted) reported will only be counted if the individual participates an average of 20 hours per week in one of the nine core activities. A participant must participate a minimum of 80 hours in a core activity during a four-week month, and a minimum of 100 hours in a core activity during a five-week month before any hours reported for a non-core activity will be counted in the participation rate calculation. The 80 and 100 hours can be a combination of actual hours, excused hours counted, and holidays. This rule applies to all participants, regardless of the youngest child’s age.

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MISSISSIPPI [ PROGRAM COMPONENTS: TANF WORK ACTIVITIES DEFINED]

Revised 08 - 01 - 12

Volume III | Chapter 9 9001 PAID WORK ACTIVITIES TWP participants engaged in paid work activities may be eligible for the following supportive services: child care, work (transportation) stipend, work-related expenses, and transitional supportive services. Refer to Volume III, Chapter 10, TWP Payment Process, for additional information. A TWP participant whose TANF case is subject to case closure due to earned income may be eligible for a six (6) or three (3) month earned income disregard. Refer to Volume III, Chapter 9, TANF Total Earned Income Disregards for Paid Work Activities, and Chapter 6, Budgeting Earned Income/Special Disregards, for additional information. TWP participation (attendance) for paid work activities will be projected for up to six months at a time. Refer to Volume III, Chapter 9, Projecting Attendance Forward for Paid Work Activities, for additional information. The three (3) paid, core work activities are defined below. Unsubsidized Employment - Core Activity Unsubsidized employment is full- or part-time employment in the public or private sector for which the state does not furnish aid or support to the employer for wages paid to the TANF recipient. Unsubsidized employment is a core activity and the weekly projected work hours will be counted in the participation rate calculation. Projected work hours must be based on employer reports, check stubs, or other employer-issued documentation which verifies the number of hours reported. This includes hours for which the individual is paid but does not work, e.g., paid leave and paid holidays. A participant engaged in unsubsidized employment (full- or part-time) will continue to be eligible for TANF Work Program services as long as the participant continues to receive TANF benefits and comply with TWP requirements. If TANF benefits end due to earned income or loss of a total earned income disregard, the participant may be eligible for transitional supportive services. The eligibility criteria for each TANF transitional supportive service is different. Refer to Chapter 10, Supportive Services, for the eligibility criteria for receiving each transitional service. Unsubsidized employment may result from: ∙ up-front job search activities completed during the TANF application processing period; ∙ self-initiated job search; or ∙ structured job search activities. Full-time Employment An individual who is working 35 or more hours per week and earning at least minimum wage is 9010

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