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TABLE OF CONTENTS 2000 All Programs 2010 Eligibility and Payment 2011 Eligibility 2012 Payment 2013 Case Records 2014 Authorized Representative 2015 Fraud 2020 Application Procedures 2030 Americans With Disabilities Act (ADA)
Vermont Department for Children and Families Economic Services Division All Programs Rules 2000 All Programs 2000 All Programs (07/01/1971, 71-73) The Social Welfare Act of 1967, in Section 2501 of Title 33 of the Vermont Statutes Annotated, sets forth the following social welfare policy for the State of Vermont: A. Its social welfare programs shall provide assistance, benefits, care and services to persons of the state in proven need thereof and thereby promote the well-being of all the people of the state. B. It is the purpose of its social welfare laws to establish and support programs which contribute to the prevention of dependency and social maladjustment, as well as rehabilitative, preventive and protective services. C. Assistance, benefits, care and service shall be administered promptly, with due regard for the preservation of family life, and without restriction of individual rights or discrimination on account of race, religion, political affiliation or place of residence within the state. D. Assistance, benefits, care and service shall be so administered as to maintain and encourage dignity, self-respect and self-reliance. It is the legislative intent that assistance granted shall be adequate to maintain a reasonable standard of health and decency based on current cost of living indices. E. It is further declared to be the policy of this state to direct its efforts to the strengthening of family life for the care and protection of children; to assist and encourage the use by any family of all available personal and reasonable community resources to this end; and to provide substitute care of children only when the family, with the use of resources available to it, is unable to provide the necessary care and protection to assure the right of any child of sound health, and normal physical, mental, spiritual and moral development." Welfare assistance programs are administered in accordance with the provisions of applicable federal law and regulations and with state social welfare law and policy. The following general principles are in effect with regard to the total program: F. Policies and procedures for determination of eligibility for aid, benefits and services will: 1. Be consistent with the objectives of maintaining individual dignity, self-respect and self-reliance and of strengthening family life for the care and protection of children. 2. Respect the constitutional and other legal rights of individuals, under relevant provisions of federal and state law, including the Social Security Act and Title VI of the Civil Rights Act of 1964. 3. Not result in practices that violate the individual’s privacy or dignity, or harass him in any way. 4. Limit use or disclosure of information concerning applicants or recipients to purposes directly connected with the administration of the program. G. Procedures for application and eligibility determination will assure that: 1. Each person who wishes to do so will be given an opportunity to apply or reapply without delay for aid, benefits and services. 2. Prompt action will be taken on each application and reapplication and applicants will be notified in writing of the department’s decision on the application. 3. Department decisions will be based on recorded information showing either that all pertinent eligibility requirements are met or that one or more requirements are not met. 4. Aid will be given promptly and will continue regularly to all eligible persons until they are found to be ineligible, so long as aid is being provided under the category.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2000 p.2 All Programs 5. Continuing eligibility will be determined, when circumstances change or at specified periodic intervals, in accordance with the same principles as initial application. H. Procedures for determining initial and continuing eligibility will: 1. Rely upon applicants and recipients as the primary source of information about their eligibility, after an adequate interpretation of requirements, recognizing varying capacities of applicant/recipient to take responsibility for providing adequate factual information. 2. Inform applicants and recipients of their responsibility to furnish complete and accurate information, including prompt notification of changes affecting their eligibility or amount of aid or benefits, and of the penalties for willful misrepresentation to obtain aid or benefits to which they are not entitled. 3. Provide assistance to recipients, when requested, in obtaining needed information. For contact with collateral sources, see respective programs. 4. Provide for obtaining needed information when the recipient is unable to do so, due to physical, mental or other difficulties. 5. Include, except when specifically waived where a simplified method is in use, at least one interview with the applicant or recipient, or, if direct contact is impractical or would delay the decision, with someone acting responsibly for him. 6. Limit verification of conditions of eligibility to what is reasonably necessary to assure that expenditures under the program will be legal, in accord with federal and state law and regulations. Application of these principles in specific areas is covered in succeeding sections.
INTERPRETIVE MEMO [X] All Programs Rule Interpretation [ ] All Programs Procedure Interpretation This interpretive memo remains effective statewide until it is specifically supersededed–either by a subsequent interpretive memo or by a contradictory rule with a later date. Reference 2000 Date of this Memo 11/30/1978 Page 1 of 1 This Memo: [X] is New [ ] Replaces one dated EMPTY EMPTY QUESTION: What is an Interpretive Memo? ANSWER: A memo to department staff to clarify or further explain department rules. It differs from the multitute of memos issued in the past for this purpose only in that it incorporates a system for statewide distribution to improve uniformity of rule application and a system of filing and maintenance to avoid their being lost, forgotten or kept longer than intended Each memo will be referenced to the section in the manual containing the rule being explained and is to be filed into the manual facing that page. Staff who do not maintain a manual but want to save the memos will find it most convenient to file them numerically by rule section reference. If a memo indicates that it supersedes a former memo, the old memo should be removed and destroyed. When a page of the manual is updated via the bulletin system and the update changes or incorporates the memo, a separate “Interpretive Memo – Maintenance Instruction” will be issued advising that specific memos be removed and destroyed. Interpretive memos will be identified by “facing page” and “date”. The (p. ) is provided in the event a memo runs on to more than one sheet of paper; file (p. 2) directly behind (p. 1). When addressing a question for rule clarification through this system, please reference your question to the rule section in which you need clarification. Interpretive Memos will be issued on yellow paper prepunched on the right hand margin so they will face the page being clarified when filed in the manual. They will be issued to all department staff who get bulletins. They will be included in manuals issued to new workers so that they too will have the benefit of interpretations issued prior to their arrival. Applicable memos that have been issued during the past few months are to be republished under this system, and, on completion, all memos regarding rule outside this system will be declared null and void. If you have any old memos which you feel should be incorporated, please submit in question format with the old memo attached and we will reissue under the new system.
INTERPRETIVE MEMO [X] All Programs Rule Interpretation [ ] Procedural Instruction This memo remains effective statewide until it is specifically superseded – either by a subsequent memo or by a contradictory rule with a later date. Facing page 2000 Effective date of this memo December 15, 2016 Page 1 of 2
This memo: [ ] is new [X] Replaces one dated January 24, 1997
Several laws govern the disclosure of applicant or recipient information obtained or created by ESD. The purpose of this Interpretive Memo is to clarify the circumstances under which information pertaining to applicants for or recipients of assistance can be disclosed.
Information can be disclosed under the following conditions:
A. The individual has signed an authorization to release information consenting to the release of information to another party.
B. The information will be used only for purposes directly related to the administration of the Department. Examples include:
providing information to an individual’s representative when a fair hearing has been requested (the AAG representing the department will coordinate the sharing of applicant/recipient records) providing information about eligibility coverage to medical care providers providing information regarding social security numbers and amount of benefits to the Social Security Administration sharing information about mutual clients with other departments within the Agency of Human Services for legitimate program purposes providing information about eligibility for burial assistance, and client resources to funeral homes for burial arrangements
This does not include sharing information with a third party (e.g., Vermont Legal Aid, the individual’s private attorney, Community Action advocates) intervening on the individual’s behalf regarding a Department decision or action when a fair hearing has not been requested. In this situation, a signed authorization to release information must be obtained before any information may be disclosed.
C. The disclosure of information is required by law. Examples include:
providing information in response to a court order enforcing a subpoena (a subpoena alone is insufficient to compel the Department to disclose information) providing information pursuant to federal reporting requirements
INTERPRETIVE MEMO [X] All Programs Rule Interpretation [ ] Procedural Instruction This memo remains effective statewide until it is specifically superseded – either by a subsequent memo or by a contradictory rule with a later date. Facing page 2000 Effective date of this memo December 15, 2016 Page 2 of 2
This memo: [ ] is new [X] Replaces one dated January 24, 1997
When ESD staff receive a request for information under the claim that the disclosure of such information is required by law, the staff member must refer the matter to an ESD Benefit Programs Policy Analyst.
D. A federal, state, or local law enforcement officer has requested information about a 3SquaresVT household member. The address, social security number, and, if available, photograph of any member of a 3SquaresVT household shall be made available, on request, to any federal, state or local law enforcement officer if the officer furnishes the Department with the name of the member and demonstrates that all three criteria below are met:
1. The member:
a. is fleeing to avoid prosecution or custody or confinement after conviction for a crime (or attempt to commit a crime) that, under the law of the place the member is fleeing, is a felony (or, in the case of New Jersey, a high misdemeanor), or is violating a condition of probation or parole imposed under federal or state law; or
b. has information that is necessary for the officer to conduct an official duty related to paragraph a above; and
2. locating or apprehending the member is an official duty; and
3. the request is being made in the proper exercise of an official duty.
ESD staff must refer requests for information from law enforcement to an ESD Benefit Programs Policy Analyst.
INTERPRETIVE MEMO [X] All Programs Rule Interpretation [ ] All Programs Procedure Interpretation This interpretive memo remains effective statewide until it is specifically supersededed–either by a subsequent interpretive memo or by a contradictory rule with a later date. Reference 2000 Date of this Memo 07/01/2009 Page 1 of 1 This Memo: [X] is New [ ] Replaces one dated EMPTY EMPTY Disclosing Information to a Noncustodial Parent When a noncustodial parent requests information about his or her child’s ESD benefits: A. Inform the noncustodial parent that: a. we cannot confirm receipt of benefits because of confidentiality rules; b. s/he must submit a written request and include the information sought (e.g., Reach Up benefits received during the past 12 months, etc.); c. s/he must submit the latest court order regarding the divorce or separation so we can determine if the court has restricted access to information. If there is no court order, the parent should indicate that in the request letter; and d. inform the parent that we will respond to his/her request within 10 work days of receiving the written request and court order. B. Inform the custodial parent about the noncustodial parent’s request for information. This gives the custodial parent the opportunity to ensure that we have the most recent court order, and to tell us if there are factors that need consideration before we provide the information (e.g., threats of violence, etc.) C. Send the date-stamped written request and the court order to the AAG for review. Indicate whether the custodial parent expressed opposition to releasing the information or is pursuing a new court order. The supporting legislation: NOTE: Title 15§670. Access to records Access to records and information pertaining to a minor child, including but not limited to medical, dental, law enforcement and school records shall not be denied to a parent solely because that parent has not been awarded parental rights and responsibilities. The court may order that access to all or a portion of the records or information shall be denied if access is not in the best interest of the child or if access may cause detriment to the other parent including but not limited to abuse. (Added 1985, No. 181 (Adj. Sess.), § 8.)
INTERPRETIVE MEMO [X] All Programs Rule Interpretation [ ] All Programs Procedure Interpretation This interpretive memo remains effective statewide until it is specifically supersededed–either by a subsequent interpretive memo or by a contradictory rule with a later date. Reference 2000 Date of this Memo 10/03/1995 Page 1 of 2 This Memo: [ ] is New [X] Replaces one dated 5/11/84 EMPTY MAINTAINING YOUR MANUALS You will periodically received bulletins describing changes in rules. These bulletins are the means for maintaining your manuals with up-to-date, accurate information. To maintain your manual means to follow the instructions at the end of the bulletin for removing obsolete pages and inserting the new pages provided. There may also be instructions to remove a page with no replacement or to add a new page with no removal. In some instances you may find that page was included in a proposed bulletin but is not included in the final bulletin maintenance instructions. This means that for some reason it was decided not to implement the change. Bullet are all numbered and color-coded as follows: Blue Cover — Emergency (white rule pages) Update your manual by following carefully the maintenance instructions at the end of the bulletin. Gold Cover - Proposed (white rule pages) Keep the bulletin until further instructions. Do not update your manual at this time. These bulletins are issued to give interested individuals and groups an opportunity to comment on proposed rules before they become final. The effective date is usually about four months from the time you received the proposed version. The proposed bulletin informs you of the rule being changed, the date and time of the public hearing, the contact person responsible for the rule changes, and the comment deadline. You will receive a copy of the final version about the same time as the effective date of the rules. Green Cover - Final (white policy pages) The final version only includes pages that changed from the proposed to the final version. Therefore, it is important to save your proposed bulletins until you receive further instructions. Maintenance instructions are included on the bulletin cover. Maintain your manual by removing or inserting pages as directed. If the instructions tell you to insert a page with an “F” next to the bulletin, the page is taken from the final package. If the instructions tell you to insert a page with no “F” next to the bulletin number, the page is taken from the proposed package. In most cases you will need both the proposed and final packages to maintain your manual. If there are no pages to remove but the instructions tell you to insert pages, it will say “Nothing” under the Remove column. You may also remove pages and insert “Nothing.” When a green bulletin is received with no attachments, simply insert the pages from the proposed bulletin with the same number, following the maintenance instructions carefully. Interpretive Memos
INTERPRETIVE MEMO [X] All Programs Rule Interpretation [ ] All Programs Procedure Interpretation This interpretive memo remains effective statewide until it is specifically supersededed–either by a subsequent interpretive memo or by a contradictory rule with a later date. Reference 2000 Date of this Memo 10/03/1995 Page 2 of 2 This Memo: [ ] is New [X] Replaces one dated 5/11/84 EMPTY You will also be receiving papers titled “ Interpretive Memos” (yellow). Insert these immediately into your manuals following the instructions at the top of the memo. The instructions include which section of rule the Interpretive Memo should face and whether the memo is new or replacing an earlier Interpretive Memo. Remove the superseded memos listed in the instructions. Note: there may be more than one Interpretive memo facing a rule section. Keep Interpretive memos in chronological order with the most current directly facing the rule section. A checklist for each rule manual is sent once a year. It lists every page that should be in the manuals. Instructions for using the checklist and deadlines for requesting pages are printed on the coversheet. If you have any questions about the bulletins or the maintenance of your manual, please call Afsar Sultana at 241-3525.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2010 Eligibility and Payment 2010 Eligibility and Payment (10/01/2008, 08-20) Eligibility and payment encompasses the process through which individuals in need of assistance and benefits furnished through department programs may request and receive, if eligible, such assistance or benefits. Steps within this process include: A. Application for one or more programs of assistance or benefits. B. Documentation of necessary information related to pertinent eligibility conditions. C. Decision, by the department, that an individual is eligible or ineligible to receive, or to continue to receive, aid or benefits and the amount thereof. D. Notice of decision. E. Authorization and payment of aid or benefits for which the individual is found eligible.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2011 Eligibility 2011 Eligibility (10/01/2008, 08-20) Eligibility refers to conditions under federal and state laws and regulations which must be met to receive assistance or benefits.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2012 Payment 2012 Payment (04/15/1998, 98-6F) Payment refers to the form, frequency, and method by which aid or benefits become available to eligible individuals for their use or benefit. Conversion of payment method from check to direct deposit or EBT, or coupons to EBT, or cash to coupons does not constitute an adverse action. In the event an applicant or recipient appeals the designated payment method, benefits shall not be paid through the old method pending the outcome of the fair hearing. The department makes payment to or on behalf of eligible individuals through the following channels: • electronic benefit transfer (EBT) to the individual or the provider of a service, • vendor authorization to the provider of a service, or • check or direct deposit to the individual or the provider of a service. Direct deposit to a bank account other than the state EBT account is the required payment method for 3SquaresVT benefits to cash-out households when one of the following members of the 3SquaresVT cash-out household has a bank account: the head of household or his or her spouse. Direct deposit to another adult may be the payment method when requested by the head of household. EBT cash is the payment method for all other 3SquaresVT cash-out households. Direct deposit to a bank account other than the state EBT account is the required payment method for households eligible for state Aid to the Aged, Blind or Disabled-Essential Person (AABD-EP) program benefits when one of the following members of the AABD-EP household has a bank account: the head of household or his or her spouse. Direct deposit to another adult may be the payment method when requested by the head of household. EBT cash is the payment method for all other AABD-EP households. Direct deposit to a bank account other than the state EBT account is the required payment method for households receiving unrestricted cash benefits under the Reach Up program, when one of the following people living in the household has a bank account: • the Reach Up recipient-parent head of household or his or her spouse, • the Reach Up recipient caretaker (who is not a parent), • a sanctioned non-Reach Up recipient-parent when both parents have failed without good cause to participate in Reach Up, • the SSI-recipient parent (an SSI recipient is ineligible for Reach Up) or his or her spouse, • the SSI-recipient caretaker (who is not a parent), or • the non-Reach Up-recipient caretaker for the Reach Up children. Direct deposit is the required payment method for protective payees, where applicable, when the protective payee has such an account. Direct deposit to another adult may be the payment method when requested by the head of household. EBT cash is the payment method for all other Reach Up households. Benefits shall not be deposited to the bank account of a minor unless the minor is the head of household, or his or spouse living with the household. When direct deposit is the payment method, the applicant or recipient having the bank account must designate a bank name, account name, and account number and authorize payment of benefits into the account. It is the recipient’s responsibility to inform the department of any changes in bank, account name or account number.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2012 p.2 Payment A. EBT transaction charges 1. Point-of-Sale (POS) Food: There is no charge to access EBT food benefits through point-of-sale (POS) devices. 2. Point-of-Sale (POS) Cash: There is no charge to access EBT cash benefits through POS devices within the Northeast Coalition of States (NCS), which includes Vermont, New Hampshire, New York, Massachusetts, Connecticut, Rhode Island, and Maine. The amount of cash accessed is subject to the retailer’s policy for the general public. The charge for POS cash transactions occurring outside the NCS is $.10 cents per transaction, deducted from the EBT cash account. 3. Automated Teller Machine (ATM) Cash: Whether a charge applies to each of a household’s first four ATM transactions in a calendar month depends on where the ATM is located: a. When the ATM is located within the NCS, the transaction is free. b. When the ATM is located outside the NCS, the transaction costs $0.40, deducted from the EBT cash account. The charge that applies to a household’s fifth or subsequent ATM transaction in a calendar month also depends on where the ATM is located: c. When the ATM is located within the NCS, the transaction costs $0.85, deducted from the EBT cash account. d. When the ATM is located outside the NCS, the transaction costs a total of $1.25, deducted from the EBT cash account. B. EBT replacement cards 1. There is no charge for the initial card, for one replacement card within 12 months of initial issuance, and for one replacement card every 12 months thereafter. 2. The charge for each replacement card exceeding these limits is $2.00, deducted from the EBT food account. The charge is deducted from the EBT cash account when the household does not have an EBT food account, or when the household has both types of accounts and the balance in the EBT food account is $0. C. Recovery of unused benefits A household’s entitlement to benefits they have not accessed after a specific period of time shall end, and the unused benefits shall revert back to the program from which they were issued. The period specified, by payment method, is: nine months for an EBT food benefit, three months for an EBT cash benefit, and 60 days for a check. For EBT accounts, no access is defined as no withdrawals from the account during the specified period.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2013 Case Records 2013 Case Records (12/01/1974, 74-116) Permanent written records, essential to continuing operation of any organization, include individual case records containing the following: A. Application(s) for assistance and/or benefits provided under department programs. B. Factual data, supporting eligibility findings, including, but not limited to: 1. Documentation of verification of information submitted and any supplementary investigation of eligibility factors. 2. Budgetary computations. 3. Eligibility decisions. 4. Payment authorizations. C. Copies of all correspondence with and concerning applicant(s), including, but not limited to, notices of case decisions. Case information may contribute in statistical or other general terms to material needed for planning, research, and overall administration of department programs. Individual case data shall, however, be held in confidence under department regulations limiting disclosure of such information identifying a specific applicant/recipient. Retention of records shall be subject to federal and state requirements for audit and/or review.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2014 Authorized Representative 2014 Authorized Representative (10/01/2008, 08-20) An authorized representative may under specific conditions act on behalf of an applicant (individual, family group or household group) to carry out specific activities related to establishing eligibility for, obtaining and using aid or benefits made available through department programs. A judicially appointed legal guardian or legal representative automatically meets the criteria for an authorized representative. A relative, friend, or other knowledgeable interested party with authority to act for the individuals, may act on behalf of an applicant unable to act for himself due to physical or mental incapacity. An applicant may, in an emergency precluding the presence of the applicant at a required interview, designate a representative to act on his behalf by addressing a letter, naming the individual designated and bearing the applicant’s signature, to the local office.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2015 Fraud 2015 Fraud (07/01/1967, 76-169) Fraud is defined by statute (33 VSA § 141) as: A. Use of a willfully false statement, representation, impersonation, or other fraudulent device to obtain, attempt to obtain or aid and abet any person to obtain assistance or benefits to which he is not lawfully entitled or a larger amount than that to which he is lawfully entitled; or B. Disposition of or knowingly aiding or abetting in disposition of property to obtain assistance to which a person is not entitled or a larger amount than that to which he is entitled. 2015.1 Suspected Fraud (07/01/1967, 76-169) The following criteria will be used to evaluate cases of suspected fraud to determine whether they should be referred to a law enforcement agency. A. Does the act committed appear to be a deliberately fraudulent one? B. May the act be an incorrect omission or representation on the part of the recipient due to error, lack of understanding of eligibility requirements or of his responsibility for providing information to the department? C. May the act be a result of department omission, neglect or error in securing or recording information? D. Is the act a repetition of the same or similar acts which have been committed previously with subsequent explanation and clarification of the department? Examples of instances where fraud might be suspected and referral considered are as follows: A. The recipient accepts and continues paid employment without notifying the department after he has been clearly informed of the necessity of such notification. B. The applicant for or recipient of assistance or benefits fails to acknowledge or report income from pensions, social security, or relatives when it is reasonably clear that there was a willful attempt to conceal such income. C. The applicant for or recipient of assistance or benefits disposes of property (either real or personal) and attempts to conceal such disposal. The above examples are intended as a guideline; each case will be evaluated individually. 2015.2 Methods of Investigation (07/01/1967, 76-169) Any investigation of a case of suspected fraud shall be pursued with the same regard for confidentiality and protection of the legal and other rights of the individual as investigation and reinvestigation of eligibility to receive assistance. Procedures are established for review and documentation in the case record at all supervisory levels.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2015 p.2 Fraud 2015.3 Referral to Law Enforcement (07/01/1967, 76-169) Intent to defraud must be proven beyond a reasonable doubt to convict under the law; the final decision regarding referral to a law enforcement agency shall be the responsibility of the commissioner. 2015.4 Records and Reports (07/01/1967, 76-169) The department will maintain such records and submit such reports as deemed necessary by appropriate federal agencies.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2020 Application Procedures 2020 Application Procedures (04/01/1999, 98-11F) A signed formal application furnished by the department is required to begin action on a request for assistance or benefits. Such application may be obtained by calling, writing, or visiting any of the department’s offices. Separate and apart from an individual’s submission to the department of a completed and signed application for aid or benefits, an individual may have contact with the department in several ways; for example, in person, by telephone, by mail, or by referral from another agency. The subject matter of these contacts shall be considered inquiries until such time as the department is in receipt of a signed application form. When the subject matter of an inquiry can be reasonably assumed to indicate the individuals desire to apply for aid or benefits, including a request for Medicaid coverage of an item or service not routinely covered, the department shall provide the individual making the inquiry with an appropriate application form for use in requesting the aid or benefits (including items or services related to medical conditions). Any individual, previously found ineligible for aid or benefits, who believes his circumstances to have changed or who desires to have eligibility reconsidered, may reapply by submitting an up-to-date signed application form to the district office serving the areas in which he currently resides. The formal application gives the individual the means to furnish information necessary for a decision, protects him from being ruled ineligible without formal application, informs him of his rights and responsibilities, and provides a basis for appeal if he is dissatisfied with any action of or lack of action by the department. Application forms and informational materials may be obtained from any district office. Appropriate return address and return envelope shall be included with forms sent in response to a mail or telephone request. Supplies of informational materials and application forms shall be made available, on request, to medical providers, referring agencies, town service officers, town officials, and other locations serving the general public. A relative, friend, or other interested party may assist an applicant in completion of necessary forms. The applicant or spouse, authorized representative, must, however, sign the form and thereby assume responsibility for all information entered thereon. If an applicant has difficulty in completing an application/statement of need and no other person is available to assist, a department employee may record on a department form information furnished by the applicant. In such cases special care must be exercised to review the information entered before the applicant signs and assumes responsibility for the information. Once an applicant’s statement is signed, a department employee may not alter or add to it. Department forms provide separate space for recording additions, clarifications, or verifications obtained during the interview. The individual in whose name an application is filed is designated the applicant, or the head of the applicant group. When a group of individuals apply together for aid or benefits from more than one department program, it is preferable, although not mandatory, that the same member be designated head of the group for all programs.
Vermont Department for Children and Families Economic Services Division All Programs Rules 2030 Americans With Disabilities Act (ADA) 2030 Americans With Disabilities Act (ADA) (04/15/1998, 98-6F) As required by the Americans with Disabilities Act, the department shall make reasonable modifications to its policies, practices, or procedures when modifications are necessary, as determined by the commissioner or his or her designee, to avoid discrimination on the basis of disability. An applicant or recipient may appeal the commissioner’s determination regarding necessity to the Human Services Board, in accordance with departmental regulations governing appeals.
Vermont Department for Children and Families Reach First Rules Economic Services Division 2100 1
Table of Contents 2100 Reach First........................................................................................................................................ 2 2101 Definitions ........................................................................................................................................ 2 2102 Eligibility ........................................................................................................................................... 3 2103 Financial Eligibility ............................................................................................................................ 3 2104 Initial Interview ................................................................................................................................ 3 2104.1 Financial and Household Stability Screening ........................................................................... 4 2105 Ineligible Households ....................................................................................................................... 4 2106 Reach First Benefits ......................................................................................................................... 4 2107 Benefit Calculation ........................................................................................................................... 5 2108 Benefit Disbursement ...................................................................................................................... 5 2109 Reach First Services .......................................................................................................................... 6 2110 Assessment ...................................................................................................................................... 7 2111 Case Management ........................................................................................................................... 7 2112 Family Development Plans ............................................................................................................... 7 2113 Support Services .............................................................................................................................. 8 2114 Participant Responsibilities .............................................................................................................. 8 2115 Non-Engagement ......................................................................................................................... 8 2116 Types of Non-Engagement .......................................................................................................... 8 2116.1 De Facto Refusal ................................................................................................................. 8 2116.2 Overt Refusal ..................................................................................................................... 9 2117 Determination of Good Cause .................................................................................................... 9 2117.1 Good Cause Criteria ............................................................................................................ 9 2118 Conciliation .................................................................................................................................. 9 2119 Referral and Transition to Reach Up or PSE ................................................................................... 10 2120 Notice and Appeal ......................................................................................................................... 10 2121 Severability ................................................................................................................................ 11
Vermont Department for Children and Families Reach First Rules Economic Services Division 2100 2
2100 Reach First (08/01/2024, 23-32)
a. The purpose of the Reach First program is to assist households experiencing a short-term crisis, assess their strengths and needs, and orient them to available programs, services, and assistance.
b. The goal of the Reach First program is to help households overcome obstacles, explore opportunities, and improve their finances.
c. Reach First helps households by providing monetary payments and support services of limited duration while they regain their independence or are assessed and transitioned to an appropriate alternative program.
d. A household that meets eligibility criteria for Reach Up benefits and has needs that can be fully addressed by the Reach First program may be eligible for Reach First.
e. Households that are financially eligible for Reach First benefits but have needs that cannot be fully addressed by the Reach First program, shall be referred to other programs to assist them in obtaining the opportunities and skills necessary to achieve their goals, including their employment goals. 2101 Definitions (08/01/2024, 23-32)
a. The terms defined in the the Reach Up Eligibility and Reach Up Services definitions at rules 2201 and 2301 and are incorporated into the Reach First rules by reference. b. In addition, the following definitions apply to the Reach First program rules: 1. “Eligible child” means a child under the age of 18. i. An 18-year-old child is eligible if they are a full-time student in a secondary school, or an equivalent educational program, and the child is expected to complete high school or the equivalent program before reaching their 19th birthday.
ii. An eligible child under subsection (b)(1)(i) is eligible for Reach First benefits for the full calendar month they graduate high school or complete their educational program.
iii. Children who are not full-time secondary school students on the day before their 18th birthday are eligible for Reach First benefits for the full calendar month during which their 18th birthday occurs.
iv. An otherwise eligible 18-year-old child with a documented disability is eligible for Reach First benefits as follows:
A. If they are a full-time student in a secondary school, or an equivalent educational program, and the child will not complete high school or the equivalent program before their 19th birthday solely because of their disability.
B. An eligible child under subsection (b)(1)(iv)(A) above is eligible for Reach First benefits for the full calendar month during which their 19th birthday occurs.
Vermont Department for Children and Families Reach First Rules Economic Services Division 2100 3
2. “Reach First” means Vermont’s Temporary Assistance for Needy Families (TANF) diversion program established under 33 V.S.A. chapter 10 and operated in accordance with Reach First rules 2100 to 2121. 3. “Reach First benefit” means one or more cash payments to assist a household to improve their finances and avert the need for Reach Up benefits. 4. “Reach First services” means the services component of the Reach First program consisting of assessment, case management services, support services, and referrals provided to eligible households to assist them in becoming self-sufficient. 2102 Eligibility (08/01/2024, 23-32) a. To qualify for Reach First, the applicant must meet the income and resource eligibility requirements for Reach Up. b. The household must include an eligible child. c. The 60-month time limit (Reach Up Eligibility rule 2234) does not apply to Reach First eligibility. d. In addition to qualifying for Reach Up benefits, the applicant must meet the Reach First eligibility criteria.
e. Households that qualify for, and participate in, Reach First are initially certified as eligible for a four – month certification period that begins with the first day of the first calendar month in which the household receives Reach First benefits.
1. The certification period may be shortened if changes in the household's circumstances make them ineligible. 2103 Financial Eligibility (08/01/2024, 23-32)
a. A household is financially eligible for Reach First if the household’s income and resources are below the limits established for the Reach Up program, which are incorporated into Reach First rules by reference except for the following sections:
1. Benefit Payment (Reach Up Eligibility rule 2214.1);
2. Cooperation with Office of Child Support (Reach Up Eligibility rule 2232.2); and
3. Appeal of Reach Up Decision (Reach Up Eligibility rule 2262.3). 2104 Initial Interview (08/01/2024, 23-32)
a. An initial interview shall be conducted in accordance with Reach Up Eligibility rule 2208.2. b. The interview shall include enough information about programs, benefits, and participant responsibilities to enable applicants to make informed decisions about program participation. c. During the interview the Department shall provide the following to all applicants:
1. Information about all programs administered by the department, services and referrals available
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to the household, program requirements, participant responsibilities, consequences of not meeting these responsibilities, and incentives for participation and obtaining employment; 2. Financial and household stability screening; 3. Determination of Reach First eligibility related to prior receipt of Reach First benefits and the need for ongoing benefits; 4. Determination of appropriateness for Reach First referral; and 5. Determination of whether the household chooses to participate in Reach First.
2104.1 Financial and Household Stability Screening (08/01/2024, 23-32)
a. All applicants who are financially eligible for Reach First benefits must complete a financial and household stability screening unless it is clear the household is ineligible for Reach First (rule 2105). b. The financial and household stability screening determines whether the household's circumstances qualify them for Reach First, including a review of: 1. The extent of the household's financial need; 2. The likelihood that Reach First can address the household's needs within the program’s time limits; 3. The household's likelihood of not needing the program within the next four months; 4. The household's need for further assessment to determine how to best meet its needs and whether Reach First is an appropriate referral; and 5. The interest and desire to participate in Reach First as expressed by the applicant and any other work eligible adult (rule 2301) in the household. 2105 Ineligible Households (08/01/2024, 23-32)
a. The following households are ineligible for Reach First: 1. Households that have received a Reach First benefit attributed to any month within the 12 months preceding the month of application; and 2. Households that need on-going benefits beyond the four-month Reach First period. 2106 Reach First Benefits (08/01/2024, 23-32)
a. Reach First benefits must be directly related to the household's immediate financial crisis.
1. The benefit must be necessary either to avoid the household’s need for Reach Up benefits or to sustain them while they are assessed and referred to appropriate programs. b. Eligible households may receive Reach First benefits and support services for up to four months within a 12-month period. c. Total Reach First benefits shall not exceed the cumulative equivalent of four months of Reach Up benefits for which the household is financially eligible.
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d. Reach First payments may be made to the household by direct deposit, electronic benefit transfer (EBT) or, if the household requests, by direct payment to the person or other entity providing the housing, utilities, or other service to the household and as established in rule 2220.6. e. If a Reach First participant does not, without good cause (rule 2118.1), fulfill participant responsibilities, the Reach First benefit payment may be withheld during the conciliation process (rule 2121.1) until they comply. f. Reach First benefit payments do not continue while a fair hearing appeal is pending. g. Any Reach First benefit payment received by the household for a specific month shall be counted as income in that month for purposes of calculating the amount of benefits in Reach Up.
2107 Benefit Calculation (08/01/2024, 23-32) a. The Department shall calculate the Reach First monthly benefits using Reach Up rules, provided the cumulative total of payments received during the four-month certification period does not exceed the Reach First benefit maximum. b. The Reach First benefit maximum is the amount used to establish the maximum limit on the cumulative amount of Reach First payments available to the household during the four-month certification period, regardless of the frequency of disbursement. 1. The benefit maximum shall be determined using Reach Up Eligibility payment rules (Reach Up Eligibility rules 2238 through 2242) with the following additional steps:
i. Project and add the amounts of Reach First benefits expected for each month of presumptive eligibility relying on the most accurate information regarding the household's circumstances expected for those months without prorating for partial months;
ii. Reduce the total amount dollar for dollar for any Emergency Assistance or General Assistance (EA/GA) payment, other than back rent or mortgage arrearage assistance, received as a result of the current application; and
iii. Reduce the total amount dollar for dollar of any child support received or anticipated, other than the first $100 of child support expected in the current and subsequent months of presumptive eligibility, during the certification period. 2. As soon as the household notifies the Department of changes in circumstances that affect the amount of benefits not yet distributed, or the number of months in the certification period, the Department shall recalculate the benefit remaining in an effort to avoid an overpayment or underpayment. c. When Department or applicant/participant error results in an underpayment or overpayment, benefit adjustments shall be made in accordance with Reach Up Eligibility rules 2218 and 2219. 2108 Benefit Disbursement (08/01/2024, 23-32)
a. All Reach First benefits, other than the first payment, shall be disbursed on the first of the month. b. Benefits shall be disbursed in an amount that addresses specified and documented needs that are: 1. A result of the household's crisis;
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2. Necessary to stabilize the household while it regains its independence and stability; or 3. Used to assess whether other program referrals are appropriate for the household. c. Reach First benefits shall be disbursed to the household or the designated vendor in monthly installments in an amount equal to or less than the amount the household has been determined eligible for in a month. 1. Disbursements of the maximum benefit in a lump sum or in one or more payments greater than the monthly amount shall be made only in exceptional circumstances (rule 2108(e)). d. Monthly disbursements shall be limited to the benefit amount the household would receive on Reach Up. 1. Reach First households needing assessment beyond the initial financial and stability screening shall qualify only for monthly disbursements until the additional assessments are complete. 2. Reach First households eligible for and receiving monthly disbursements must be cooperating with all Reach First services requirements. e. Disbursement of Reach First benefits in a lump sum or in one or more payments greater than the monthly amount the household would receive on Reach Up shall be made only to a household meeting the following exceptional circumstances: 1. The household's initial financial and stability screening indicates the household qualifies for Reach First and does not require further in-depth needs assessment; 2. The benefit addresses the household's current need in full; 3. It is clear the Reach First benefit will end the household's need for any Reach First or Reach Up benefits for the foreseeable future, including:
i. An unexpected event that creates a less than 30-day delay of employment or income that will render the household ineligible for Reach Up, and an additional benefit, in an amount not to exceed the Reach Up benefit amount for the household, is relatively certain to divert them from the Reach Up program; and
4. The participants in the household acknowledge that if they need to apply for Reach Up in the months attributed to the Reach First benefits, the Reach Up benefit will be reduced by the amount of the Reach First benefit. 2109 Reach First Services (08/01/2024, 23-32)
a. Reach First services consist of assessment, case management, referrals, and support services.
b. Reach First participants must fulfill their responsibilities to continue to receive Reach First benefits and services. c. If needed to improve the participant's prospects for job placement and job retention, the Department shall provide the following: 1. In-depth assessments of the full range of services needed by each household; 2. Intensive case management or case consultation services;
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3. Referral to any programs that provide the services needed; and 4. Transition to Reach Up or Post Secondary Education (PSE). 2110 Assessment (08/01/2024, 23-32)
a. All Reach First participants shall cooperate in initial and ongoing assessments. b. The assessment includes the following: 1. Identification of the participant's strengths, skills, goals, interests, and work experience; 2. Determination of whether the participant has obstacles and how these obstacles relate to their goals and ability to work; 3. Literacy evaluation; and 4. Determination of the services needed to achieve the participant's employment and other applicable goals through implementation of their family development plan (FDP). 2111 Case Management (08/01/2024, 23-32)
a. Case management shall be available to any Reach First household. b. A case manager shall be assigned to each Reach First participant as soon as they begin to receive benefits. c. Caseloads shall be consistent with Reach Up services caseload size (rule 2302.1). d. When, after assessment and establishment of the FDP, it is determined the household is not appropriate for Reach First, the case manager shall review Reach Up and PSE with them and, if requested by the household, attempt to transfer them. 2112 Family Development Plans (08/01/2024, 23-32)
a. Every Reach First participant must create an FDP.
b. The FDP shall include: 1. Each participant's employment and other applicable goals; 2. An assessment of each participant's strengths and obstacles; 3. A literacy evaluation followed by a referral to an appropriate resource or program; 4. An identification of the services, supports, and accommodations needed to overcome any obstacles and move the participant towards their goals; and 5. An outline of participant and department responsibilities with a time schedule for fulfillment of these responsibilities and activities. c. The FDP shall be completed within 30 days of the first meeting with Reach First program staff.
d. Reach First program staff and participants shall establish a schedule for periodic review of the FDP that shall remain in place, as appropriate, if the household transfers to Reach Up or PSE.
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2113 Support Services (08/01/2024, 23-32)
a. Support services are services and referrals needed for the accomplishment of the participant's goals and the implementation of their FDP. b. Reach First households are eligible for and subject to the same conditions for receiving Reach Up support services as indicated in rule 2303 and its subsections. 2114 Participant Responsibilities (08/01/2024, 23-32)
a. Each Reach First participant shall participate in their FDP requirements. b. Each participant shall continue to work on goals outlined on their FDP until the household is no longer eligible for Reach First or transferred to Reach Up or PSE. c. If a household is transferred to Reach Up or PSE, the rules of that program apply. 2115 Non-Engagement (08/01/2024, 23-32)
a. Participants, who do not engage with Reach First services responsibilities without good cause (rule 2120.1), shall not receive Reach First benefits until they engage. 2116 Types of Non-Engagement (08/01/2024, 23-32) a. Participants must engage in all Reach First services requirements unless good cause exists for non- engagement. b. The Department will excuse non-engagement supported by good cause (rules 2120 and 2120.1). c. Non-engagement exists when the participant refuses to, or does not, engage in the following actions: 1. Appear for an assessment after one written request by the Department; 2. Cooperate in the development of the FDP; 3. Attend and participate fully in FDP activities; 4. Refrain from behavior that is disruptive to a program activity or the orderly administration of the program; 5. Refrain from behavior that constitutes a threat or hazard to fellow participants; 6. Accept appropriate child care (Reach Up Services rule 2326) or other support services that would allow participation in FDP activities; 7. Follow through on treatment or rehabilitation services plans; 8. Appear for a referral to, or interview for, a job consistent with the FDP; or 9. Apply for, or comply with, the requirements of unemployment compensation, if otherwise eligible.
2116.1 De Facto Refusal (08/01/2024, 23-32) a. De facto refusal occurs when non-engagement is implied by a participant not engaging in one or more Reach First requirements without good cause.
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b. The Department shall prepare a written record of the participant's non-engagement. c. If the Department determines that the participant had good cause for non-engagement, the non- engagement process ends. d. If no good cause for non-engagement exists, the Department will initiate the conciliation process or, for participants ineligible for conciliation, the Reach Up sanctions process (Reach Up Services rule 2328) and transfer the household to Reach Up.
2116.2 Overt Refusal (08/01/2024, 23-32) a. Overt refusal occurs when, without good cause, a participant declares, verbally or in writing, an unwillingness to engage in Reach First services requirements. 1. The Department will ask the participant to put verbal refusals in writing and if they refuse, the verbal refusal will be accepted. b. The Department shall prepare a written record of the participant's non-engagement. c. If the Department determines that the participant had good cause for non-engagement, the non- engagement process ends. d. If no good cause for non-engagement exists, the Department will initiate the conciliation process (Reach Up Services rule 2327.1) or, for participant's ineligible for conciliation, begin the Reach Up sanctions process (Reach Up Services rule 2328) and transfer the household to Reach Up.
2117 Determination of Good Cause (08/01/2024, 23-32) a. The Department shall make a good-faith effort to contact the participant to determine whether there is good cause for the non-engagement. b. The Department may require the participant to provide documentation to support a claim of good cause. c. The Department will determine whether there was good cause for the participant's non- engagement. 1. The Department will determine that no good cause exists if the participant does not fully cooperate with the Department's attempt to establish good cause. d. The Department shall complete the good cause determination within 10 days of becoming aware of the participant's non-engagement.
2117.1 Good Cause Criteria (08/01/2024, 23-32) a. Circumstances beyond the control of the participant may constitute good cause for an individual's non-engagement. b. The good cause criteria listed in Reach Up Services rule 2326.2 constitute good cause for not engaging in Reach First FDP and participation requirements. 2118 Conciliation (08/01/2024, 23-32)
a. Conciliation is when the Department provides a Reach First participant an opportunity to re-engage with Reach First services requirements prior to being sanctioned and transferred to Reach Up.
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b. Reach Up Services rules 2327.1 – 2327.4 apply to conciliations within the Reach First program. c. The Department shall initiate conciliation when one of the following circumstances, without good cause, exist: 1. A participant does not engage in the development of their FDP; 2. A participant does not attend assessment and evaluation activities; or
3. A participant does not engage with their FDP requirements. 2119 Referral and Transition to Reach Up or PSE (08/01/2024, 23-32)
a. The Department shall transfer the household to Reach Up or PSE if, after four months of receiving Reach First benefits, or sooner at the Department's discretion, a household needs additional time and services.
1. The Reach First household may choose not to be transferred to Reach Up or PSE. b. If a household finds unsubsidized employment that meets the federal work requirements for the household's size and composition, but is financially eligible for Reach Up, the Department shall transfer the household to Reach Up. 1. The Reach First household may choose not to be transferred to Reach Up. 2. A household transferring from Reach First to Reach Up shall be treated as a participant for the purposes of resource calculation. c. If a participant is employed when they leave Reach First and are not eligible for Reach Up or PSE, the household shall qualify for support services for a period of 6 months (rule 2304), unless the household chooses not to participate.
d. A Reach First household transferring to Reach Up or PSE shall not be required to complete a new application. 1. Verification of income, assignment of support rights, or other documentation related to changes in circumstances may be required. 2. If transferring to PSE, a PSE plan must be created and approved. e. A Reach First household with a working adult who leaves Reach First and is not eligible for Reach Up may be eligible for Transitional Medical Assistance for up to 12 months, pursuant to 42 U.S.C. § 1396r–6, beginning with the month immediately following the month in which they become ineligible. 2120 Notice and Appeal (08/01/2024, 23-32)
a. A participant may appeal decisions made by the Department in accordance with Reach Up Services rule 2331, except that Reach First benefits do not continue while an appeal is pending. b. The Department shall provide notice to each participant of the standards and procedures applicable to such appeals.
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2121 Severability (08/01/2024, 23-32) a. If any part of these Rules is held invalid by a court of competent jurisdiction, the invalidity shall not be construed to render the remaining parts of the Rules invalid.
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Table of Contents 2200 Purpose .......................................................................................................................................... 6 2201 Definitions ..................................................................................................................................... 6 2202 Eligibility and Payment Process ..................................................................................................... 8 2203 Case Records ................................................................................................................................. 9 2204 Authorized Representative ............................................................................................................ 9 2205 Quality Assurance Review ...........................................................................................................10 2206 Domestic Violence .......................................................................................................................10 2207 Application ...................................................................................................................................10 2207.1 Application Process .............................................................................................................11 2207.2 Choice of Program ...............................................................................................................12 2207.3 Deadline for Application Processing ....................................................................................12 2208 Sources of Application Information .............................................................................................12 2208.1 Application Form .....................................................................................................................13 2208.2 Interviews ................................................................................................................................13 2208.3 Verification ..............................................................................................................................14 2208.4 Collateral Sources Used for Verification ..................................................................................16 2209 Continuing Eligibility ....................................................................................................................16 2210 Recertification .............................................................................................................................17 2210.1 Recertification Periods ............................................................................................................17 2210.2 Interim Reports .......................................................................................................................17 2211 Change Processing .......................................................................................................................17 2211.1 Change of Address ...................................................................................................................18 2211.2 Deceased Reach Up Household Member ................................................................................19 2212 Decisions ......................................................................................................................................19 2212.1 Application Decisions ..............................................................................................................19 2212.2 Continuing Eligibility Decisions ................................................................................................19 2213 Notice of Decision .......................................................................................................................20 2213.1 Exemptions from Minimum Advance Notice ...........................................................................20 2213.2 Benefit Amount Notice ............................................................................................................21 2214 Benefit Amounts .........................................................................................................................21 2214.1 Benefit Payment ......................................................................................................................22 2215 Alternate Payee ...........................................................................................................................23
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2216 Method of Payment ....................................................................................................................23 2217 Benefit Payments for Deceased Household Members ...............................................................24 2218 Underpayments ...........................................................................................................................24 2219 Overpayments .............................................................................................................................25 2220 Protective Payments ....................................................................................................................26 2220.1 Budget Assistance Determination ...........................................................................................27 2220.2 Rebuttal of Budget Assistance Determination ........................................................................28 2220.3 Protective Payee ......................................................................................................................30 2220.4 Payee Selection Criteria ...........................................................................................................30 2220.5 Payee Conflict of Interest Limitation .......................................................................................31 2220.6 Controlled Vendor Payments (CVP) .........................................................................................31 2220.7 Reconsideration of Protective Payments ................................................................................32 2221 Eligible Child ................................................................................................................................33 2222 Eligible Parent ..............................................................................................................................34 2223 Eligible Caretaker .........................................................................................................................35 2224 Shared Custody ............................................................................................................................35 2225 Minor Parent Households .............................................................................................................37 2226 Eligible Reach Up Essential Caregiver ...........................................................................................37 2227 Home ...........................................................................................................................................38 2228 Temporary Absence from the Home ...........................................................................................38 2228.1 Temporary Absence of a Parent or Caretaker .......................................................................38 2228.2 Temporary Absence of a Child ...............................................................................................40 2228.3 Separation of Child and Parent/Caretaker from the Home at Time of Application .............41 2229 Residence ....................................................................................................................................41 2229.1 Residence of Child in Custody ...............................................................................................42 2230 Citizenship and Immigration Status .............................................................................................42 2231 Social Security Numbers ..............................................................................................................44 2232 Child and Spousal Support ...........................................................................................................45 2232.1 Assignment of Support Rights .................................................................................................45 2232.2 Cooperation with the Office of Child Support .........................................................................45 2232.3 Good Cause for Refusal to Cooperate .....................................................................................46 2232.4 Request for a Child Support Waiver .....................................................................................46 2232.5 Review of Child Support Waivers ............................................................................................48 2232.6 Termination of Benefits Due to Child Support .........................................................................48
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2233 Special Cases of Ineligibility .........................................................................................................48 2233.1 Strike Participants ....................................................................................................................48 2233.2 Convicted of Fraudulent Residence .........................................................................................49 2233.3 Fugitive Felons and Probation or Parole Violators ..................................................................49 2234 Time Limits ..................................................................................................................................49 2234.1 Termination after 60 Months ..................................................................................................51 2234.2 Reapplication after 60 Months ................................................................................................51 2235 Formation of the Reach Up Household .......................................................................................51 2236 Caretaker Reach Up Household ..................................................................................................53 2237 Need Determination ....................................................................................................................54 2238 Method for Determination of Need ............................................................................................55 2239 Payment Standard .......................................................................................................................55 2240 Eligibility Computation ................................................................................................................55 2241 Prospective Eligibility and Budgeting ..........................................................................................56 2242 Amount of Benefit Paid ...............................................................................................................56 2243 Needs ...........................................................................................................................................57 2244 Needs Standards ..........................................................................................................................57 2244.1 Basic Needs Standards ............................................................................................................58 2244.2 Children in Schools ...................................................................................................................58 2244.3 Special Housing Needs .............................................................................................................58 2245 Budgeting for Living Arrangements .............................................................................................58 2246 Housing Allowance ......................................................................................................................59 2246.1 Subsidized Housing ..................................................................................................................60 2246.2 Shared Households ..................................................................................................................60 2246.3 Room and Board ......................................................................................................................61 2246.4 Institution ................................................................................................................................61 2246.5 Foster Home ............................................................................................................................61 2246.6 General Assistance and Emergency Assistance Temporary Housing ......................................62 2246.7 Shelters and Transitional Housing ...........................................................................................62 2247 Temporarily Uninhabitable Home ...............................................................................................62 2248 Income .........................................................................................................................................62 2248.1 Household Receipt of Lump Sum ............................................................................................63 2248.2 In-Kind Income ........................................................................................................................66 2249 Unearned Income ........................................................................................................................67
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2249.1 Contributions ..........................................................................................................................68 2250 Distribution of Child Support .......................................................................................................68 2250.1 Family Bonus Payment ............................................................................................................68 2250.2 Parent Share Payment .............................................................................................................68 2250.3 Child Support Arrearage Collected .........................................................................................68 2250.4 Advance Child Support Payments ...........................................................................................69 2251 Earned Income .............................................................................................................................69 2251.1 Earned Income Computation Methods ..................................................................................70 2251.2 Business Expenses ...................................................................................................................70 2251.3 Income from Providing Child Care ...........................................................................................71 2252 Earned Income Deductions and Disregards .................................................................................72 2252.1 Employment Expenses ............................................................................................................72 2252.2 Dependent Care Expenses ......................................................................................................73 2252.3 Earned Income Disregard ........................................................................................................74 2253 Excluded Income ..........................................................................................................................74 2254 Resources ....................................................................................................................................79 2254.1 Combined Resources Limitation ..............................................................................................79 2254.2 Transfer of Property Prohibited ..............................................................................................80 2254.3 Property Sales ..........................................................................................................................81 2254.4 Excess Resources .....................................................................................................................81 2255 Real Property ...............................................................................................................................81 2256 Personal Property ........................................................................................................................82 2256.1 Liquid Assets ............................................................................................................................83 2256.2 Trust Funds /Trust Accounts ....................................................................................................83 2256.3 Burial Plots - Funeral Agreements ...........................................................................................83 2256.4 Annuities ..................................................................................................................................83 2256.5 Vehicles ....................................................................................................................................84 2256.6 Income-Producing Property.....................................................................................................84 2257 Excluded Resources .....................................................................................................................85 2258 Potential Income and Resources .................................................................................................88 2259 Potential Eligibility for Pension and Other Benefit Programs .....................................................88 2260 Insurance and Liability Claims .....................................................................................................88 2261 Potential Support from Relatives ................................................................................................89 2261.1 Reporting Child Abandonment to Law Enforcement ..............................................................89
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2262 Notice and Appeal of Reach Up Decisions ..................................................................................89 2262.1 Notice of Appeal Rights ...........................................................................................................90 2262.2 Grounds for Appeal of Reach Up Decision ..............................................................................90 2262.3 Appeal of Reach Up Decision ..................................................................................................90 2262.4 Appeal of Protective Payment Decision ..................................................................................91 2263 Severability ..................................................................................................................................92
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2200 Purpose (08/01/2024, 23-28)
a. The purpose of the Reach Up program is to:
1. Assist families, recognizing individual and unique characteristics, to obtain the opportunities and skills necessary for self-sufficiency; 2. Encourage economic independence by removing barriers and disincentives to work and providing positive incentives to work; 3. Support parental nurturing; 4. Support parental responsibility and positive parental role models, both custodial and noncustodial; 5. Measure the success of the system by what is best for children; 6. Improve the well-being of children by providing for their immediate basic needs, including food, housing and clothing; 7. Respect the dignity of individuals and families receiving assistance by providing employment, education, and other services through social service delivery systems available to all Vermont citizens and by encouraging the private sector to integrate families receiving assistance into the mainstream employment market; 8. Recognize the challenges facing many families receiving assistance by minimizing structural financial disincentives to increased earnings and the abrupt termination of assistance before parents are fully integrated into the employment market; 9. Conserve state public financial resources by operating the system of aid in a manner that is efficient and avoids federal fiscal sanctions; and 10. Conform to federal TANF law.
2201 Definitions (08/01/2024, 23-28)
a. The following definitions apply to the terms used in the rules for the Reach Up program:
1. “Active management” means that the participant is responsible for making significant management decisions, such as approving new tenants, deciding on rental terms, or approving expenditures.
2. “Adult” means:
i. An individual age 18 or older, who is not a dependent child; or
ii. An individual under age 18, who is either pregnant or the parent of a dependent child.
3. “Bona fide loans” means:
i. A loan from an establishment or individual that is in the business of making loans and is evidenced by a written agreement to repay the money within a specified period; or
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ii. A loan obtained from an establishment or individual not normally engaged in the business of making loans. Evidence that the loan is bona fide would be provided by a written agreement between the parties to the loan that specifies a timetable or plan for repayment.
iii. A loan is considered bona fide even if it is repaid without interest or was obtained without being secured with collateral.
4. “Countable” means the months of benefits that a Reach Up participant receives that count toward the 60-month time limit.
5. “Department” means the Vermont Department for Children and Families.
6. “Domestic violence” means any of the following acts: i. Physical acts that resulted in, or threatened to result in, physical injury to the individual; ii. Sexual abuse; iii. Sexual activity involving an eligible child; iv. Being forced as the parent or caretaker of an eligible child to engage in nonconsensual sexual acts or activities; v. Threats of, or attempts at, physical or sexual abuse; vi. Mental or emotional abuse; or vii. Neglect or deprivation of medical care.
7. “Electronic benefit transfer transaction” means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.
8. “Eligibility” means the state laws and federal laws that apply to receipt of Reach Up benefits.
9. “Family development plan” (FDP) means the written plan that charts the Reach Up household’s participation in the Reach Up services component.
10. “Homeless” means lacking a fixed and regular overnight residence or living in one of the following as a primary overnight residence:
i. A supervised shelter designed to provide temporary accommodations;
ii. A halfway house or similar institution that provides temporary residence for individuals transitioning toward independent living;
iii. A temporary accommodation, for not more than 90 days, in the residence of another individual; or
iv. A place not designed for, or ordinarily used as, a regular sleeping accommodation.
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11. “Household” means either:
i. One or more eligible children living with:
A. One or both parents;
B. A relative; or
C. A caretaker; or
ii. A pregnant individual.
12. “Need” means the lack of income or other resources necessary for long-term mental and physical well-being.
13. “Parent” means:
i. The same as in 15C V.S.A. § 102(16);
ii. Stepparent; or
iii. Pregnant individual.
14. “Participant” means an adult who is a member of a Reach Up household.
15. “Payment” means the form, frequency, and method used to pay Reach Up benefits to eligible individuals through:
i. Money payments; and/or
ii. Vendor payments.
16. “Reach Up household” shall have the same meaning as “eligible family” in 33 V.S.A. §1101(11) and means a household that is determined to be financially eligible for the Reach Up program.
17. “Support services” means the services and referrals needed for the accomplishment of the participant’s goals and the implementation of their family development plan.
18. “Temporary Assistance to Needy Families” (TANF) means the block grant provided to Vermont and established in accordance with Part A of Title IV of the federal Social Security Act, as amended, and the regulations issued under the Act by the United States Secretary of Health and Human Services.
2202 Eligibility and Payment Process (08/01/2024, 23-28)
a. The eligibility and payment process for Reach Up consists of steps an applicant takes to request benefits and procedures the Department follows to determine eligibility and payments. b. Steps within the eligibility and payment process include:
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1. An initial application for benefits, including a subsequent application to add an additional adult to an existing Reach Up household; 2. An interview to clarify information the applicant provides on the application and provide the applicant with: i. An overview of programs administered by the Department; ii. Services and referrals available; iii. Program requirements; and iv. Participant responsibilities; 3. The documentation and verification of necessary information related to pertinent eligibility conditions, including an initial family development plan (FDP) (Reach Up Services rule 2313); 4. A determination of initial eligibility and amount of benefits; 5. Written notice is provided to applicants of eligibility decisions; and 6. Authorization and payment of benefits by the Department for eligible applicants.
2203 Case Records (08/01/2024, 23-28)
a. Permanent records on each individual case shall be maintained and shall include applications for assistance, factual data, verification of information, budgetary computations, eligibility decisions, payment authorizations, and copies of all correspondence.
b. Case information may contribute in statistical or other general terms to material needed for planning, research, and overall administration of Department programs.
c. Individual case data shall, however, be held in confidence under Department rules limiting disclosure of such information identifying a specific applicant or participant. d. Retention of records shall be subject to Federal and State requirements for audit and/or review.
2204 Authorized Representative (08/01/2024, 23-28)
a. An authorized representative may, under specific conditions, act on behalf of a Reach Up household to carry out specific activities related to establishing eligibility for, obtaining, and using benefits made available through Department programs.
b. A judicially appointed legal guardian or legal representative automatically meets the criteria for an authorized representative.
c. A relative, friend, or other knowledgeable interested individual may act on behalf of a Reach Up household when the adult Reach Up household members are unable to act for themselves.
d. An applicant for Reach Up may, in an emergency precluding the presence of the applicant at a required interview, designate a representative to act on their behalf by addressing a letter, naming the individual
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designated and bearing the applicant’s signature, and providing this letter to the Department.
e. An authorized representative must be:
1. An adult;
2. Not a member of the Reach Up household; and
3. Aware of the Reach Up household’s situation.
2205 Quality Assurance Review (08/01/2024, 23-28)
a. Continuing validation of the accuracy of information and resulting decisions on eligibility and amount of benefits is carried out through a Quality Assurance review of a sample of each month’s Reach Up caseload.
b. The primary purpose of the validation review is assurance that Department policies are clear and consistently applied and that applicants can understand and furnish accurate information.
c. Whenever a validation review indicates possible fraud, further investigation and appropriate action shall be initiated.
2206 Domestic Violence (08/01/2024, 23-28)
a. The Department recognizes that families experiencing the effects of domestic violence may face a threat to the health, safety, and well-being of one or more family members as well as an obstacle to upward economic mobility.
b. To encourage and help such families to address the effects of domestic violence, the Department shall explain to applicants and participants that they: 1. May ask for a deferment to Reach Up participant requirements (Reach Up Services rule 2323); 2. May ask for a waiver of the requirement to cooperate in the pursuit of child support (rule 2232.4); 3. Have a right to confidentiality unless the law requires a report of abuse; and 4. May limit voluntary waivers of confidentiality based on criteria they choose, such as time periods or named collateral contacts. c. The Department shall provide this explanation at the time of application and eligibility review and at any time the Department receives information indicating that the applicant or participant, or a dependent child, may be or may have been a victim of domestic violence. d. Domestic violence is defined at rule 2201.
2207 Application (08/01/2024, 23-28)
a. Application for Reach Up is the specific action of completing, signing, and submitting an application form furnished by the Department to begin the program eligibility determination process.
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b. An application for Reach Up may be considered as an application for Reach First when required or allowed by the Reach First rules.
2207.1 Application Process (08/01/2024, 23-28)
a. Application forms shall be signed by:
1. The individual applying for benefits; 2. An authorized representative of an individual applying for benefits; or 3. Where the applicant is incompetent or incapacitated, someone acting responsibly for them.
b. The date of application, which governs the time limit for rendering and implementing a decision on the application, is the date that a signed application form is first received in any Economic Services Division (ESD) office, regardless of whether such application is sufficiently complete for an immediate decision on eligibility.
c. All contacts shall be considered inquiries up to the point of ESD’s receipt of a signed application form.
d. Department response to application inquiries shall include:
1. Furnishing application form(s); 2. Appropriate explanation of program(s) inquired about, including eligibility standards and criteria; or 3. Explanation of applicant rights and responsibilities, including penalties for fraudulent acquisition and use of benefits.
e. A signed application for Reach Up, on a form furnished by the Department, is required to begin action on a request for benefits.
1. Such application may be obtained online, by calling, writing, or visiting any of the Department’s offices.
f. Any individual previously found ineligible for benefits, who believes their circumstances have changed or who desires to have eligibility reconsidered, may reapply by submitting an up-to-date signed application form to the Department.
g. The formal application gives individuals the means to furnish information necessary for a decision, protects them from being ruled ineligible without formal application, informs them of their rights and responsibilities, and provides a basis for appeal if they are dissatisfied with any action or inaction by the Department.
h. A relative, friend, or other interested party may assist an applicant in completing necessary forms.
1. The applicant, spouse, authorized representative, or legal guardian must sign the form and thereby assume responsibility for all information entered.
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i. If an applicant has difficulty in completing an application and no other person is available to assist, a Department employee may record information furnished by the applicant on the application.
1. The Department must review the application information entered to ensure accuracy before the applicant signs and assumes responsibility for the information.
j. The individual in whose name an application is filed is designated the applicant, or the head of the Reach Up household.
1. When a group of individuals apply together for benefits from more than one Department program, it is preferable, although not mandatory, that the same member be designated head of the household for all programs.
2207.2 Choice of Program (08/01/2024, 23-28)
a. An applicant who is eligible for both Reach Up benefits and Supplemental Security Income (SSI), with or without the state AABD supplement, shall have free choice to select either program.
b. No individual may, however, receive Reach Up benefits at the same time as receiving federal SSI or state AABD.
1. Recipients of SSI can act as a payee of a Reach Up benefit on behalf of other eligible individuals.
c. Applicants or participants who apply for SSI or are awaiting a decision on an SSI application may be required to sign an agreement authorizing the Department’s recovery of Reach Up from SSI back payments.
2207.3 Deadline for Application Processing (08/01/2024, 23-28)
a. Action on applications shall be completed as soon as possible, but no later than 30 days from the date of application for Reach Up.
b. Within this deadline, a decision must be made concerning the application, and a written notice of that decision must be sent to the applicant.
c. When the deadline is not met because of applicant-caused delays or circumstances beyond ESD’s control, the reason must be documented in the case record.
d. Not meeting the established deadline shall not constitute the sole reason for denial of benefits unless the applicant’s non-cooperation can be established and documented in the case record.
2208 Sources of Application Information (08/01/2024, 23-28)
a. The applicant is the primary source of information about their need and eligibility for benefits. b. Verification of information provided on the signed application and through interviews is only required when specified at rule 2208.3.
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c. Reliance on the applicant as the primary source of information to establish eligibility recognizes the right to privacy, but also places responsibility on the applicant to provide necessary information completely and accurately or, when needed, to give consent to obtain such information elsewhere. d. The signature of an applicant, authorized representative, or legally appointed representative on an application must certify under penalty of perjury that information on the application pertaining to all members of the Reach Up household is correct and complete.
1. Only one adult applicant signature is required (rule 2207.1). e. An applicant has a right to refuse to give information, or to submit required verification. 1. Refusal to provide information or take the action necessary to establish eligibility will result in denial or closure of benefits. 2. Willful misrepresentation of an applicant’s circumstances may also result in legal action under fraud statutes. 3. The Department shall make every effort to ensure the applicant fully understands the consequences of: i. Refusal to take necessary action to establish eligibility; and ii. Misrepresentation of individual circumstances.
f. The Department is responsible for providing an explanation and interpretation of program eligibility criteria to an applicant in assessing their circumstances against such eligibility criteria. g. An individual may apply for benefits through another person.
1. The individual acting for the applicant is, in such situations, considered the primary source of information, subject to the same rights, responsibilities, and consequences for the applicant as an applicant acting directly for themselves.
2208.1 Application Form (08/01/2024, 23-28)
a. The applicant’s signed application form is the primary source document for information about the applicant’s circumstances.
b. A signed application form with the applicant’s name, address, and signature shall be sufficient to apply for Reach Up benefits.
2208.2 Interviews (08/01/2024, 23-28)
a. An interview is required for all Reach Up applications.
b. The Department shall conduct interviews via the phone.
1. A face-to-face interview may be provided at the applicant’s request.
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c. The Department may waive the interview requirement for applicants who are not mandatory members of the Reach Up household when they apply for benefits only on behalf of the children in the household if the following criteria are met: 1. All questions on the application have been answered completely;
2. The application does not contain any questionable or inconsistent information; and
3. The Department has received all required verification.
2208.3 Verification (08/01/2024, 23-28) a. Verification is a written entry in the case record of third-party confirmation or documentation of facts stated by an applicant or participant. b. Verification shall be required when: 1. The Department is processing an initial application or eligibility recertification for Reach Up benefits;
2. The participant reports a change in circumstances relating to the verified item; or
3. The Department receives information from some other source that indicates the most recent information reported by the applicant or participant may be incorrect.
c. Verification shall be required for the following items:
1. All non-excluded income (amount and source);
2. All non-excluded resources, within $200 of the resource limit:
3. Actual dependent care costs for a non-household member claimed as a work expense and used as a deduction from earned income;
4. High risk pregnancy for a person with no dependent children;
5. Collateral information affecting eligibility;
6. Application for a social security number, if the individual does not have one; and
7. Months of TANF assistance received in another state.
d. Verification may be required for the following, if questionable: 1. Identity and residency; 2. Age, citizenship, or immigrant status for any member of the Reach Up household; 3. Parentage of a child included in the Reach Up household; and 4. Any other information that affects eligibility or amount of benefits.
e. Written verification statements shall include sufficient detail to enable independent reviewer evaluation
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of the reasonableness of the resulting eligibility decision, including:
1. A description of method used;
2. Dates;
3. Sources;
4. Summary of information obtained; or
5. Any computations required.
f. If the household cannot furnish complete pay stubs or similar verification, a verbal or written statement of earnings must be obtained from the employer. g. The Department shall verify and document earnings received in the prior 30 days for applicants and participants.
1. If the earnings received in this 30-day period are not representative of current or future circumstances, then a best estimate must be made based on information and documentation obtained during the eligibility determination or redetermination.
i. In such cases, this alternative figure will be used to estimate monthly earnings. h. For continuing eligibility, earnings must be verified at least once every six months. 1. When earnings have just begun or changed, available pay stubs, a statement from the employer on earnings and predicted hours of employment, or similar verification shall be used to make a best estimate of future earnings. i. Verification of income and expenses from self-employment requires careful evaluation by the Department considering the following: 1. If the applicant or participant has been self-employed for a period of time and has reported this income to IRS, the latest income tax return can be used as one source, providing it reflects the current situation. 2. An applicant or participant, who has recently become self-employed, shall provide a written statement of potential monthly income or all available business records. 3. Self-employment income shall be projected for 12 months based on these records. 4. For continuing eligibility, self-employment income must be verified at least once every six months. j. Not cooperating with the verification requirements may result in a denial or closure unless a good cause reason exists. 1. Denial or closure shall result if an applicant or participant: i. Fails without good cause to submit documentation necessary for verification; ii. Fails without good cause to consent to verification of any eligibility factor; or iii. Fails without good cause to cooperate in any investigation necessary to support an affirmative decision of eligibility.
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2. Good cause reasons include:
i. Natural disasters, such as fires or floods, having a direct impact on the applicant or participant or an immediate family member; ii. Illness of such severity on the part of the applicant or participant or an immediate family member that the applicant or participant is unable to direct their personal affairs; iii. Refusal of an employer to provide earned income verification, or the unavailability of an employer to provide verification before the deadline; iv. Lost or stolen mail which is confirmed by the Postal Service; v. Refusal of a landlord to verify housing expense; vi. Death of the applicant or participant or an immediate family member; or vii. Inability of a third party to provide the necessary documentation within the designated time period. 3. Other reasons may be found to constitute good cause with the approval of the Department. k. If verification is received after the Department has denied the application, but within 60 days from the original application date, the Department may use the original application to determine eligibility. 1. If eligible, benefits will be issued from the date the missing verification requirements were provided.
2208.4 Collateral Sources Used for Verification (08/01/2024, 23-28)
a. The Department may contact sources, other than the applicant, to verify an applicant’s eligibility for benefits. b. The Department may only contact collateral sources with the consent of the applicant as authorized by a signed application or authorization to release information. 1. These contacts are limited to interviews, telephone calls, or correspondence necessary to obtain information required to make an eligibility decision. c. Information requested from collateral sources is limited to the specific eligibility factors in question. 2209 Continuing Eligibility (08/01/2024, 23-28)
a. Reach Up benefits continue, as authorized, until changed or terminated for the following reasons: 1. Change in circumstances; 2. Participant did not provide a completed interim report; 3. Expiration of a certification period; 4. Participant did not provide information to complete recertification; 5. Sanctioned participant did not engage in Reach Up participant requirements; or 6. Participant received 60 countable months and did not engage in Reach Up participant requirements.
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2210 Recertification (08/01/2024, 23-28)
a. Recertification is a review of the Reach Up household’s eligibility factors to determine their continued eligibility for Reach Up benefits.
b. Recertification shall be conducted periodically, as specified in rule 2210.1, for all Reach Up households.
c. Recertification uses the same sources of information as the application process (rule 2208), which includes the following:
1. Participants shall submit a new signed application at every recertification and provide current information about individual, family, and household circumstances in relation to program eligibility factors; 2. Interviews shall be required on the same basis as for initial eligibility; and 3. Verification, including use of collateral sources as needed, shall be required on the same basis as for initial eligibility.
4. Recertification shall be final when written notice of the Department’s decision has been made available to the participant and: i. An increase of benefits has been made available to the participant; or ii. Authorization to terminate or reduce benefits has been processed.
2210.1 Recertification Periods (08/01/2024, 23-28)
a. All Reach Up households shall complete a recertification every 12 months.
b. The recertification period for Reach Up households may be scheduled at intervals shorter than 12 months to coincide with known anticipated changes or recertification periods for other benefit programs administered by the Department.
c. A scheduled recertification period may not, however, exceed the 12-month limit.
2210.2 Interim Reports (08/01/2024, 23-28)
a. All Reach Up households shall complete an interim report every six months.
b. The interim report must include verification of any earned income.
2211 Change Processing (08/01/2024, 23-28)
a. The Department must notify the Reach Up household of the requirement to report any changes in circumstances within ten calendar days of the date the change becomes known.
b. The Reach Up household shall notify the Department of any change in individual, family, or Reach Up household circumstances that may affect continuing eligibility.
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1. Such changes include: residence location, Reach Up household composition, employment, income, and resources.
c. When a change is the addition of an adult to a Reach Up household, all eligibility conditions apply (rule 2202) and are reconsidered for the new Reach Up household formed by the change. d. When a change is the addition of any individual to an existing Reach Up household, benefits based on the new member’s needs and income will be effective for the date on which the individual joined the Reach Up household, provided that a timely report of the change was made.
1. A report of change is considered timely if it is reported within ten calendar days of the date the change became known to the Reach Up household.
2. If the change was not timely reported, benefits based on the participant’s needs and income shall be effective from the date on which the change was reported.
e. A change reported for one program shall be considered to have been reported for all programs in which the Reach Up household is participating.
f. The Department shall, upon receipt of a report of changed circumstances, consider such changes in relation to all eligibility factors for all programs through which benefits are currently authorized.
1. If a reported change results in a Reach Up household becoming ineligible, benefits shall end on the earliest date for which the adverse action deadline has not passed. g. A description of payment cycles is given at rule 2216.
h. Reductions and closures resulting from changes reported fewer than ten calendar days before the adverse action approval deadline may take effect for the following benefit period.
1. This ensures that participants have a ten-day period in which to provide required verification and the Department has a ten-day administrative period in which to process the change.
i. A Reach Up household that includes a pregnant person cannot have their Reach Up benefits increased solely based on the pregnancy.
2211.1 Change of Address (08/01/2024, 23-28)
a. A Reach Up household shall immediately notify the Department of any change in their domicile and inform the Department of the new location and mailing address.
b. Failure to immediately notify the Department of any change in domicile may result in a delay in receipt of benefits, incorrect payments, or render the Department unable to determine continued eligibility.
c. Changes of domicile for reasons other than visiting purposes shall require a review of circumstances and recomputation of budgeted need.
1. Visits away from the domicile of less than 30 days are not considered a change of domicile.
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d. A Reach Up household that moves outside Vermont with the intent to domicile outside the state shall become ineligible upon leaving their Vermont residence (rule 2229).
2211.2 Deceased Reach Up Household Member (08/01/2024, 23-28)
a. Eligibility of a Reach Up household member terminates upon death.
b. Notice of death, processed through the applicable payment system, shall automatically cancel continuing benefits to, or on behalf of, the deceased individual.
c. Vendor payments for services incurred by eligible individuals before death shall, however, be authorized and paid, when billed within fiscal time limits.
d. Surviving members of a Reach Up household may continue to be eligible for benefits following the death of a Reach Up household member. e. Continuing eligibility and resulting payment adjustments shall be established through appropriate eligibility review action.
2212 Decisions (08/01/2024, 23-28)
a. By law, the Commissioner of the Department for Children and Families is empowered to decide upon applications for benefits and to prescribe the amount of benefits to be given.
b. Authority to make case decisions is assigned to the Department.
2212.1 Application Decisions (08/01/2024, 23-28) a. Decisions on applications or reapplications for benefits are classified as:
1. Approval – when need exists, according to Department standards, and all other eligibility conditions of the program are met; or
2. Denial – when need does not exist, according to Department standards; when one or more other eligibility conditions of the program are not met; when the applicant cannot be located; or when the application is withdrawn by the applicant.
2212.2 Continuing Eligibility Decisions (08/01/2024, 23-28)
a. Department decisions on continuing eligibility for benefits are defined as follows:
1. Continuing – when need exists, in the same amount or scope, and all other eligibility conditions of the program continue to be met; 2. Reductions – when lesser need exists and all other eligibility conditions of the program continue to be met; 3. Increases – when greater need exists and all other eligibility conditions of the program continue to
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be met; or 4. Closures – when need no longer exists, or when one or more other eligibility conditions of the program are no longer met.
b. Decisions shall be effective on the date the household would have received its next benefit payment, subject to any applicable advance notice requirements.
2213 Notice of Decision (08/01/2024, 23-28)
a. A written notice of decision shall be provided to Reach Up applicants/participants prior to implementation of any decision affecting their receipt of benefits, which includes the following information:
1. The type of action to be taken;
2. An explanation of the action that includes reference to dates, amounts, reasons, and the governing rules; and 3. A clear explanation of individual rights to request a fair hearing (rule 2262) and to request continuation of benefits pending a fair hearing decision if requested within specified time limits.
b. Unless specifically exempt, a decision resulting in termination or reduction in the amount or scope of benefits or changing a benefit to a protective payment system requires advance written notice of the proposed action.
c. Advance notice must be mailed no less than ten days prior to the effective date of the proposed action.
2213.1 Exemptions from Minimum Advance Notice (08/01/2024, 23-28)
a. The requirement for minimum advance notice of termination, reduction, or change in method of payment shall not apply to decisions resulting from the following: 1. A new or amended rule adopted under the provisions of the Administrative Procedures Act (3 V.S.A. § 801 et seq.) that will have general and universal effect upon the benefits of a significant number of individuals and a general advance notice of such rule change has been sent to all participants in the particular program affected; 2. The death of the only participant in a one-person Reach Up household; 3. The participant’s voluntary request for such action, as attested to by: i Participant’s signature, or the signature of an authorized representative, on a formal waiver of notice; or ii Written or verbal submission of information requiring such termination or reduction that contains the participant’s clear admission of awareness that the required action will be taken. 4. A change of payee to continue benefits for the use of eligible children during or following family separation.
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2213.2 Benefit Amount Notice (08/01/2024, 23-28) a. Written notice of benefit amounts shall include the following specific information: 1. Benefit amount; 2. Effective date of first payment; 3. Conditions, if any, affecting continuing benefits; and 4. Method of payment.
b. Written notice of benefits denied shall include the specific reason for denial.
c. Written notice of continuing benefits shall state that benefits continue or include the following specific information regarding a change:
1. Current benefit amount and changed benefit amount; 2. Effective date of change; 3. Reason for change; and 4. Method of payment.
d. Written notice of benefits closed shall include the following specific information:
1. Current benefit amount, if any; 2. Effective date of closure; and
3. Reason for closure.
2214 Benefit Amounts (08/01/2024, 23-28)
a. A benefit amount is a direct payment of assistance to, or on behalf of, an eligible Reach Up household to meet need, as established under Department rules.
b. Reach Up benefit amounts shall be made payable to the parent or caretaker responsible for care and supervision of an eligible child, except when an alternate payee has been designated by court action or under Department regulations (rule 2215).
c. A non-recipient parent or caretaker may be designated payee to meet the needs of an eligible child in their care in the following situations:
1. A parent or caretaker has their own needs met through a separate SSI/AABD grant for which they are payee in their own right; or 2. A caretaker is not financially eligible for Reach Up but provides care for an eligible child in either the caretaker’s or child’s home.
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d. A household receiving a benefit amount shall not knowingly use any benefit amounts in a: 1. Retail establishment which sells exclusively or primarily any alcoholic beverages defined in 7 V.S.A § 2; 2. Casino, gambling casino, or gaming establishment; or
3. Retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.
e. A household that uses or accesses benefit amounts in any of the places prohibited in subsection (d) shall reimburse the Department for the amount of benefits used or accessed in the prohibited establishment.
f. State law prohibits assignment, transfer, attachment, trustee process, or execution of benefits. (33 V.S.A. § 124)
g. When funds available for payment of SSI/AABD and Reach Up benefits are insufficient to provide assistance to all eligible individuals, benefit amounts shall be reduced until sufficient funds become available. (33 V.S.A. § 114)
2214.1 Benefit Payment (08/01/2024, 23-28)
a. Reach Up benefits shall be approved in the amount specified by Department rules and continue until changed.
b. Benefit payments are effective on the date of Department approval, provided all eligibility factors are met, or 30 days from the date of the application, whichever is earlier. 1. Benefit payments become available to the household the day after the Department's approval. c. The benefit effective date applies to all applicants or applicants who apply after their eligibility for benefits has ended, except that households meeting the conditions specified in rule 2232.6 for reinstatement shall have a benefit effective date of the first of the month child support was reduced or terminated.
d. The initial benefit shall be computed by multiplying the monthly amount of benefits to be approved (obtained by subtracting total net income from the precomputed payment standard) by the percentage below, which corresponds to the calendar day on which the benefit is effective.
1. Pro-Ration Benefit Table:
Date Percentage Date Percentage Date Percentage Date Percentage Date Percentage 1 100 7 80 13 60 19 40 25 20 2 97 8 77 14 57 20 37 26 17 3 93 9 73 15 53 21 35 27 13 4 90 10 70 16 50 22 30 28 10 5 87 11 67 17 47 23 27 29 7 6 83 12 63 18 43 24 23 30/31 3
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2. The pro-ration benefit table is to be used regardless of the number of days in the month.
2215 Alternate Payee (08/01/2024, 23-28)
a. Benefits shall be payable to the following individuals on behalf of a participant under the following situations:
1. The court-appointed legal guardian or legal representative of a Reach Up participant unable to manage their own affairs; 2. A designated protective payee, who acts on behalf of a Reach Up participant who has demonstrated serious problems in management of funds; 3. Vendors of specific goods or services, when the vendor payment is used in lieu of designating a participant’s third-party payee; or 4. An adult acting on behalf of a Reach Up participant in an emergency situation expected to last 30 days or less.
b. Payment of benefits to a legal guardian or legal representative shall be authorized when a copy of the appointment is received, or the appointment has been verified at the court.
c. Payment of benefits to a protective payee, or vendor payment in lieu of payment to a protective payee, shall be authorized by the Department upon receipt of a signed protective payment agreement.
2216 Method of Payment (08/01/2024, 23-28) a. Payments in the amount of the approved benefit will be made as follows: 1. These Reach Up households shall receive their benefit amount in a single 100 percent monthly payment cycle to cover the entire month: i. Households where the Office of Child Support (OCS) collects child support on behalf of the child may receive 100% of their benefit on the 1st of the month, or, if sanctioned, after meeting with their case manager; or ii. Households under sanction for not engaging with Reach Up participant requirements may receive their shelter expense paid up to their full Reach Up benefit and 60 percent of any remaining Reach Up benefit after meeting with their case manager, with 40 percent of any remaining Reach Up benefit paid on the 16th of the month (rule 2220.6(e)(2)). 2. All other Reach Up households shall receive their benefit amount in two payments: i. 60 percent at the beginning of the month to cover the first 15 days of the month; and ii. 40 percent on or about the 16th to cover the remainder of the month. b. One-time payments for the benefit amount will be made in the following situations:
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1. Initial benefits approved after the regular monthly payments (60 percent or 100 percent) are made for that month or the following month; 2. Increases approved for the current month or the following month when there is not enough time to implement the change through the regular monthly payment system; or 3. Other authorized situations, such as controlled vendor payments or benefits issued to correct an underpayment.
2217 Benefit Payments for Deceased Household Members (08/01/2024, 23-28)
a. A deceased Reach Up household member shall not be entitled to Reach Up benefits for any month following the month of death.
b. Funds remaining from a benefit paid before death of the Reach Up household member remain available for use on their behalf and/or on behalf of eligible survivors of the Reach Up household.
c. The needs of a deceased Reach Up household member shall be removed from their household’s benefits with appropriate notice and benefits shall continue in an adjusted amount required to meet the surviving Reach Up household’s needs.
d. A payment for a period before the death of a Reach Up head of household will, upon notification, be reissued to one of the following individuals:
1. The administrator or executor of the head of household’s estate, if one has been appointed; 2. A surviving parent of an eligible child, who was living with or dependent upon the deceased head of household; or 3. The new payee of the Reach Up household’s benefits.
2218 Underpayments (08/01/2024, 23-28)
a. Department errors that result in underpayment of benefits shall be retroactively corrected when the information to enable authorization of the correct amount was available to the Department at the time the error occurred.
b. Retroactive corrected payment shall be authorized only for the 12 months preceding the month in which the underpayment is discovered, regardless of current Reach Up eligibility. c. The retroactive corrective payment shall not be considered income in the month paid or a resource in the following month (rules 2253 and 2254).
d. Corrective payments shall be retroactive to the effective date of the incorrect action, not subject to the above limitations, when:
1. Ordered as a result of a fair hearing or court decision; or 2. Authorized by the Department as the result of a Department decision rendered on a formal appeal prior to hearing.
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e. Retroactive corrective payments will be applied first to any outstanding unrecovered overpayment.
1. The amount of corrective payment remaining, if any, shall be paid to the Reach Up household.
2219 Overpayments (08/01/2024, 23-28)
a. Overpayments of benefits shall be subject to recoupment if they result from the following:
1. Administrative error;
2. Participant error; or
3. Payments made pending a fair hearing that is subsequently determined in favor of the Department.
b. Recovery of an overpayment can be made through repayment by the recipient of the overpayment or by reducing the amount of payment being received by the member of the Reach Up household.
c. Recoupment of overpayments less than $35.00 do not apply to individuals currently ineligible for Reach Up financial assistance, except for a case involving fraud. d. Any overpayments of $35.00 or more should be recovered from individuals currently ineligible for Reach Up financial assistance. 1. However, if after an attempt has been made to recover the amount and continued attempts at recovery would cost as much or more than the amount of the overpayment, further attempt at collection may be waived.
e. Overpayments of benefits that are subject to recoupment shall only be recouped from the program in which the overpayment occurred.
1. When participants who have been overpaid in one Reach Up program transfer to, or subsequently apply for and are found eligible in, another Reach Up program, the overpayment and recoupment shall not transfer to that other program.
2. Any outstanding overpayment amounts may be recovered in other ways authorized under these rules and shall be recouped if the participant returns to the Reach Up program where the overpayment occurred.
f. No recoupment shall be attempted for overpayments occurring more than 12 months prior to the date of discovery unless the overpayment was caused by the participant’s willful withholding or misrepresentation of information that affected the amount of payment.
1. Recoupment of overpayments that took place within a three-year period prior to the date of discovery can be attempted when a participant’s willful withholding or misrepresentation of information caused the overpayment.
g. Recoupment shall be made each month from any combined earned and unearned income, liquid resources, and the amount of the household’s Reach Up benefit before recoupment.
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1. The household’s combined income will include:
i. Business expense for self-employment;
ii. Child support, except for the $100 family bonus payment (rule 2250.1); and
iii. No other earned income deduction or disregards.
h. For participant errors, the Reach Up household must retain from its combined income 90 percent of the amount payable to a household of the same composition and housing expense with no income, plus up to $90 for the standard earned income deduction and any allowable dependent care deduction.
1. For Reach Up households with no other income, the amount of the recoupment will equal 10 percent of their Reach Up benefit amount.
i. For Department errors, the Reach Up household must retain from its combined income, 95 percent of the amount payable to a household of the same composition and housing expense with no income, plus the earned income disregard specified in rule 2252.3 and any allowable dependent care deduction.
1. For Reach Up households with no other income, the amount of the recoupment will equal 5 percent of the Reach Up benefit amount.
j. If the Reach Up household member responsible for the overpayment is no longer eligible or moves to another Reach Up household, the Department may recover from any or all of the following:
1. The member responsible for the Overpayment;
2. The original Reach Up household;
3. The new Reach Up household.
k. If through the Department’s administrative oversight certain requirements in the Child Support Program are not met, such as support payments not deducted from the Reach Up benefit, the Department may recoup from the individual or the Reach Up household.
l. If a fraud referral is made, recoupment must be delayed pending the outcome of the fraud investigation.
2220 Protective Payments (08/01/2024, 23-28)
a. Protective payments are management of benefits by a third party outside of the Reach Up household to meet the needs of a dependent child and the parent or caretaker with whom the child is living. b. Protective payments are used as follows:
1. Protective payments are used as a temporary measure when difficulty in money management jeopardizes the welfare of the child and when the parent or caretaker living with the child has the capacity to learn through budget assistance to manage the Reach Up household’s funds in a way to assure proper care of the child.
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i. The parent’s or caretaker’s management capacity can be presumed unless there is evidence to the contrary. ii. The benefit is paid to a protective payee who is interested in, or concerned with, the welfare of the Reach Up household. A. If an acceptable protective payee cannot be found, a substitute form of protective payment known as controlled vendor payments (CVP) is used (rule 2220.6). iii. Households with difficulty in money management, as determined by the Department, should be referred to money management counseling, if available in the community. iv. When cognitive, mental health, or physical limitations preclude capacity to improve management of funds, legal alternatives shall be pursued. A. There must be documentation of inadequate physical capability or of mental incapacity that precludes self-care and raises concern for the Reach Up household’s well-being. B. Petition for appointment of a legal guardian or legal representative for a parent or caretaker living with the child may be initiated by the Department.
2. Protective payments for housing are made in cases where a parent or caretaker living with the child does not engage in Reach Up participant requirements, according to criteria in Reach Up Services rules 2328.4 and 2328.5.
3. Protective payments for housing are made in cases where a parent or caretaker is temporarily absent from the home according to the criteria in rule 2228.1.
4. Management of benefits through controlled vendor payments is optional when the household requests direct payment for housing, utilities, or other basic needs, and meets the requirements of rule 2220.6.
c. If a protective payment system is used, the participant may appeal to the Human Services Board for a fair hearing (rule 2262.4).
2220.1 Budget Assistance Determination (08/01/2024, 23-28)
a. The Department will evaluate evidence of difficulty in money management, determine whether the parent or caretaker demonstrates the capacity to overcome these obstacles, and decide whether, based on these factors, budget assistance through a protective payment plan is warranted.
b. Difficulty in money management shall result in budget assistance through a protective payment plan if either of the following criteria are met:
1. The health or safety of the child is at risk because, in the previous 12 months, a Reach Up household is two or more months behind on their incurred rent payment. i. Rent will be considered overdue to the current landlord for any month when it remains unpaid ten days past the due date. ii. The Reach Up household’s current landlord is the property owner or manager of the dwelling
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unit now occupied by the Reach Up household and its possessions. iii. This property owner or manager remains the current landlord until the Reach Up household has vacated this dwelling unit and removed its possessions from the unit.
2. The health and safety of the child is at risk by the inability of the parent or caretaker to regularly meet basic financial obligations, including:
i. Rent, tax, or mortgage payments;
ii. Utility payments; and
iii. The provision of adequate food and clothing.
c. When a Reach Up household is about to be converted to, or has already been converted to, protective payments due to difficulty with money management, the Department should take no action that would cancel the Reach Up household’s conversion to protective payments or terminate its existing rent vendor payment status. d. If failure to pay bills is threatening the loss of shelter or necessary services, including a pattern of nonpayment of rent, these conditions are sufficient to justify budget assistance through a protective payment plan.
e. Budget assistance through a protective payment plan may be warranted even when the Reach Up benefit does not cover the household’s full rent.
2220.2 Rebuttal of Budget Assistance Determination (08/01/2024, 23-28) a. The parent or caretaker will have at least ten days to rebut the Department’s decision to implement budget assistance through a protective payment plan before the Department may take action. b. The decision to start protective payments may be rebutted when a parent or caretaker can demonstrate one of the following: 1. Payment was not made because the Reach Up household experienced an emergency event that required the use of funds; 2. Payment was withheld because of a legitimate landlord-tenant dispute (see subsections (c) through (h) below); or 3. Payment was not made, however, the Reach Up household is making a good faith effort to pay for essential expenses, which currently exceed their benefits and available gross income. i. Benefits and gross income would include all those benefits available to the Reach Up household to meet needs, including all earned and unearned income. ii. Essential expenses include:
A. Rent; B. Mortgage and mortgage insurance;
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C. Taxes; D. Fuel; E. Electricity; F. Water; G. Sewer; H. Basic telephone service; I. Non-reimbursed medical expenses; J. Non-reimbursed work-related childcare expenses; K. Food in an amount equal to the 3SquaresVT Thrifty Food Plan; and L. Actual and reasonable school expenses, including the cost of a uniform not provided by the school and required for a specific school activity in which a Reach Up household member participates. c. A legitimate landlord-tenant dispute is established when the parent or caretaker has arranged to pay rent in one of the following methods: 1. Into an escrow account with their attorney; 2. Into an escrow account with a bank, if the landlord agrees; 3. Into a separate bank account, if the landlord does not agree; or 4. To the court, if so ordered, until such time as the dispute is resolved. d. A landlord-tenant dispute is considered legitimate when: 1. The landlord fails to comply with their obligations of habitability; 2. The tenant gave the landlord actual notice of the noncompliance; 3. The landlord fails to make repairs within a reasonable time, and the noncompliance materially affects health and safety; 4. The noncompliance is not caused by the negligence or deliberate action or omission of the tenant or of a person on the premises with the tenant’s consent; or
5. The payment of rent was diverted to pay for documented repairs, fuel, or utilities that are the landlord’s responsibility and affect the health and safety of the child. e. If a Reach Up household is already on controlled vendor payments (CVP) when a legitimate landlord- tenant dispute arises, the parent or caretaker must set up and pay rent pending the resolution of the dispute in one of the following ways: 1. Into an escrow account with an attorney; 2. With a bank if the landlord agrees; or 3. To the court, if so ordered.
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f. If a parent or caretaker on CVP does not arrange to hold the rent pending the resolution of the dispute, the Department shall hold the money.
g. Rent payments set aside to pay rent pending resolution of a legitimate landlord-tenant dispute are excluded as a resource (rule 2257), but once the dispute has been resolved, withheld rent payments not paid for shelter are counted as a resource.
h. The landlord-tenant dispute is resolved when the landlord’s noncompliance is corrected.
2220.3 Protective Payee (08/01/2024, 23-28)
a. A protective payee shall be appointed or terminated by the Department.
b. All protective payee appointments shall include:
1. A protective payment agreement defining the responsibilities and objectives of the plan; 2. The authority of the payee; 3. Reporting responsibilities; 4. Recognition of the rights of the participant; and 5. Terms outlining the confidentiality of the relationship. c. The protective payee appointment shall be terminated when: 1. The participant is considered able to manage funds in the best interests of the child; 2. A legal guardian or legal representative is appointed to serve the best interests of the participant; or 3. In the judgement of the Department, the protective payee is not performing their responsibilities in the best interests of the participant.
d. The protective payee has the authority to make decisions about the expenditures of the Reach Up benefits.
1. The payee may make the actual expenditures independently, after joint discussion with the participant, or supervise the participant’s spending.
2. Actual current shelter costs should be met first, then other basic needs such as food, heat, water, electricity, and clothing.
3. Any balance may be applied toward other needs.
e. Assumption of payments on behalf of the participant by a protective payee shall not constitute a contractual arrangement between the Department or the protective payee and any providers of service to the participant. 2220.4 Payee Selection Criteria (08/01/2024, 23-28)
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a. Selection of the protective payee shall be with the participant’s input and consent, to the extent possible, and based on the following considerations:
1. Interest or concern in the welfare of the Reach Up household; 2. Ability to help the Reach Up household make proper use of the Reach Up benefit; 3. Availability to work with the Reach Up household; 4. Ability to establish and maintain a positive relationship with the Reach Up household; and 5. Dependability of the person to handle highly confidential information.
2220.5 Payee Conflict of Interest Limitation (08/01/2024, 23-28)
a. To avoid a conflict of interest, the following individuals are prohibited from serving as a payee: 1. Department staff, except as allowed in subsection (b); 2. Landlords, grocers, and other vendors of goods and services who deal directly with the participant; and 3. The eligibility worker determining financial eligibility for the individual, special investigative or resource staff, or staff handling fiscal processes related to the recipient. b. Qualified employees of the Department may serve as protective payees only when no other suitable individual is available. 1. When a Department employee is selected, efforts to find another payee outside the Department should continue. 2. The case record must show continuing effort to secure a payee outside the Department and the reason such efforts have not been successful.
2220.6 Controlled Vendor Payments (CVP) (08/01/2024, 23-28)
a. The Department manages the Reach Up benefits through the controlled vendor payment system (CVP) by authorizing payments or vendor authorizations to pay bills and obtain basic needs.
b. The Department places Reach Up households on CVP when:
1. Difficulty in money management (rule 2220.1) precludes payment of benefits directly to the Reach Up household, a budget assistance determination has been made, and no protective payee has been appointed; 2. A participant is sanctioned for noncooperation with Reach Up participant requirements (Reach Up Services rule 2312), and housing costs must be vendored; 3. A parent or caretaker is temporarily absent from the home (rule 2228.1), and housing costs must be vendored; or 4. A parent or caretaker requests direct payment, and the following circumstances exist: i. The Reach Up benefit is sufficient to make the requested payments in full;
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ii. The provider of housing or other services agrees to accept payment on the same schedule as Reach Up payments are made; and iii. The provider agrees to the condition that direct payment may cease without notice from the Department to the provider. c. The Department cannot spend more than the authorized Reach Up benefit amount, but the Department may spend less and carry the unspent balance forward to a future month as necessary to budget for one- time expenses such as property taxes, mortgage insurance, and one-time resolution of a landlord-tenant dispute.
d. In making payments on behalf of the Reach Up household, the Department shall first pay actual current shelter expenses before other disbursements are made.
e. For households placed on CVP, 60 percent of the Reach Up benefit is available on the 1st of the month, and 40 percent on the 16th of the month, except for the following households:
1. Households where OCS collects child support on behalf of the child may receive 100% of their benefit on the 1st of the month, or, if sanctioned, after meeting with their case manager; or
2. Households under sanction for noncooperation with Reach Up services may receive their shelter expense paid up to their full Reach Up benefit and 60 percent of any remaining Reach Up benefit after meeting with their case manager, with 40 percent of any remaining Reach Up benefit paid on the 16th of the month.
f. At the discretion of the Department, taking into consideration the portion of benefits available at a given time of the month, a schedule of rent payments may be established to ensure that rent payments are kept current. g. If a protective payee is appointed, any balance remaining in the account is paid to the payee.
h. Assumption of payments on behalf of the Reach Up household by the Department shall not constitute a contractual arrangement between the Department and any providers of service to the Reach Up household.
2220.7 Reconsideration of Protective Payments (08/01/2024, 23-28)
a. Reconsideration by the Department of the need for protective payments and the way in which a protective payee’s responsibilities are carried out shall be at the request of the Reach Up household or at the household’s recertification.
b. Once difficulty in money management results in budget assistance through a protective payment plan, protective payments will continue until the Reach Up household’s essential expenses are current (rules 2220.1 and 2220.2). c. When a Reach Up household informs the Department of the household’s intent to move, the Department should explain the following: 1. Moving does not automatically mean that the protective payments will end; and
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2. If the Reach Up household follows through with their intent to move, the Department will end protective payments only after the Department verifies with the landlord that the Reach Up household and their possessions have in fact moved from their current dwelling unit. d. Vendor payments shall terminate when a court has issued an eviction order.
e. The Department shall discuss judicial appointment of a legal representative with the Reach Up household if it appears that the appointment of a legal representative would be more beneficial to the household than protective payments.
2221 Eligible Child (08/01/2024, 23-28) a. An eligible child is defined as an individual who meets all Reach Up criteria of need, age, and residence. b. An individual qualifies under the age criterion as an eligible child if they are under 18. 1. In addition, an 18-year-old child is eligible if they are a full-time student in a secondary school, or an equivalent educational program, and the child is expected to complete high school or the equivalent program before reaching their 22nd birthday. 2. An eligible child under subsection (b)(1) above remains eligible for Reach Up benefits for the full calendar month they graduate high school or complete their educational program. 3. Children who are not full-time secondary school students on the day before their 18th birthday remain eligible for Reach Up benefits for the full calendar month during which their 18th birthday occurs. c. An otherwise eligible 18-year-old child with a documented disability continues to be eligible for Reach Up benefits as follows: 1. If they are a full-time student in a secondary school, or an equivalent educational program, and the child will not complete high school or the equivalent program before their 22nd birthday solely because of their disability. 2. An eligible child under subsection (c)(1) above remains eligible for Reach Up benefits for the full calendar month during which their 22nd birthday occurs. d. Disability is defined according to the Americans with Disabilities Act as follows: 1. A physical or mental impairment that substantially limits one or more major life activities of such individual; 2. A record of such an impairment; or 3. Being regarded as having such an impairment. e. The following children are considered to have a disability under the ADA definition: 1. A child with a learning disability; or 2. Any child who receives or has received special education. f. To determine if the child receives or has received special education services, it is necessary to verify that the child has or had an Individualized Education Program (IEP) or 504 Plan through their school district.
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1. The parent must provide a copy or documentation of the current or prior IEP or 504 Plan from the school. 2. If a parent contends that a disability resulted in the child’s inability to graduate before the child’s 19th birthday, but no IEP or 504 Plan was put in place, to determine eligibility the Department requires that the parent provide documentation from the child’s doctor and the school that supports the parent’s contention. g. Minor parents receiving their own benefits do not meet the definition of an eligible child because they are not considered in need as defined by rule 2237. h. An eligible child must live with a parent or caretaker. i. A parent or caretaker may apply for Reach Up benefits on behalf of a child, who is not yet in the home or is temporarily absent from the home. j. Eligibility for Reach Up benefits may continue, in certain circumstances, during the temporary absence of either the child or parent or caretaker from the home. k. Physical aspects of the home and care of the child that appear to be below minimum standards of health and safety shall not limit eligibility as long as the child lives with the parent or caretaker. 1. Improvement of detrimental conditions shall be attempted through casework and related services. 2. Protective action shall be initiated if hazardous conditions continue, under applicable laws and regulations. l. Children receiving SSI/AABD are not eligible for Reach Up benefits.
2222 Eligible Parent (08/01/2024, 23-28) a. An eligible parent is defined as an individual who: 1. Is a parent (rule 2201), who lives in the same household with one or more eligible child (rule 2221);
2. Is not receiving SSI/AABD program benefits; and
3. Has met all other eligibility requirements set forth by these rules.
b. The parent of a disabled child receiving SSI/AABD program benefits is also an eligible parent.
c. A pregnant person having no children in their household would be an eligible parent if they meet the exception requirements in rule 2235. 1. The other parent living with a pregnant person in a household with no other children is not considered an eligible parent until the expected child is born. d. A parent whose parental rights to all eligible children in the household have been terminated does not qualify as an eligible parent. e. When the needs of a minor parent are met through their own Reach Up benefit, the parent of the minor
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parent does not qualify as an eligible parent in relation to the minor parent.
2223 Eligible Caretaker (08/01/2024, 23-28) a. An eligible caretaker is a relative or unrelated adult acting in the role of a parent and must meet the following conditions:
1. An eligible caretaker must be a person who is fulfilling a parental role that is in the best interest of the child and is providing physical care, guidance, and decision-making related to the child’s health, school, medical care, and discipline.
i. If a parent of the child can be reached, the decision to name a caretaker will be made after consultation with that parent. ii. The best interest of the child will be presumed when: A. The child’s life is able to continue as normally as possible in the absence of one or both parents; B. There is no substantiated evidence of child abuse or neglect, and there is no evidence of violence or criminal behavior by the caretaker; and C. There is a pre-existing relationship with the child and the child’s parent(s). 2. An eligible caretaker must be a person who is fulfilling a parental role because: i. The parent is not in the home due to death; ii. The parent is unable to provide guidance due to incarceration or extreme illness; iii. The child has been abandoned, and there is no available relative able to care for the child; iv. Placement of the child with a relative would be considered unsuitable; or v. The caretaker is a more appropriate choice than an available relative due to the child’s existing relationship to the caretaker and/or the caretaker’s ability to provide quality care and guidance to the child.
2224 Shared Custody (08/01/2024, 23-28)
a. In most cases, the eligible parent will be determined according to the Parental Rights and Responsibilities (PR&R) Agreement, regardless of where the parents claim the child is actually living.
b. When two parents share custody of a child, and both parents have applied for Reach Up benefits and have claimed the same child as a member of their Reach Up household, the eligible parent shall be determined according to the following list:
1. When one parent has sole legal and physical responsibility pursuant to a PR&R Agreement, then that parent is the eligible parent.
2. When one parent has physical responsibility for the child more than half of the time pursuant to a
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PR&R agreement, then that parent is the eligible parent.
3. When the parents equally share physical responsibility for the child pursuant to a PR&R agreement, then the parent who applies first is the eligible parent.
4. When the parents equally share physical responsibility for the child in the absence of a PR&R agreement, then the parent who applies first is the eligible parent.
5. Custody situation and eligible parent table:
Custody Situation Eligible Parent One parent has sole legal and physical responsibility pursuant to a Parental Rights and Responsibilities (PR&R) Agreement The parent with sole legal and physical responsibility is the eligible parent. One parent has physical responsibility for the child more than half of the time pursuant to a PR&R agreement. The parent with physical responsibility for more than half of the time is the eligible parent. The parents equally share physical responsibility for the child pursuant to a PR&R agreement. The parent who applies first is the eligible parent. The parents equally share physical responsibility for the child in the absence of a PR&R agreement. The parent who applies first is the eligible parent.
c. When a parent, who does not have physical responsibility for a child more than half of the time, but the child is spending at least 15 nights per month or the equivalent, in that parent’s household, is the only parent to apply for Reach Up benefits, that parent will remain the eligible parent until the other parent applies for benefits and claims the child as a member of the household.
d. When there is a dispute between the parents as to the division of physical responsibility, in the absence of a PR&R agreement, the first parent to apply for Reach Up benefits will remain the eligible parent unless the other parent provides sufficient evidence to verify that the child primarily lives in their household.
1. Adequate verification evidence includes:
i. Current childcare records;
ii. Current school records;
iii. Current medical records; or
iv. Collateral statements from neighbors.
e. When adequate verification has been submitted by the second parent that is sufficient to prove that the
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child primarily lives in the second parent’s household, the first parent shall be given ten days to provide verification proving that the child primarily resides in the first parent’s household.
1. If the first parent’s household does not provide verification proving that the child primarily resides in that household, the parent in the second household shall be the eligible parent.
2225 Minor Parent Households (08/01/2024, 23-28)
a. A minor parent shall be allowed to have their eligibility determined separately from their parent or caretaker, regardless of whether the minor parent is living in their parent’s or caretaker’s household and regardless of whether the parent or caretaker is eligible for Reach Up benefits. b. The minor parent may choose to be the payee of the Reach Up benefit, otherwise one of their parents or caretakers shall be designated as the alternate payee. c. Minor parents may choose to be included in their parent’s or caretaker’s Reach Up household and shall be subject to the requirements in Reach Up Services rule 2319 and not considered out-of-school youth under Reach Up Services rule 2320. d. If, during an eligibility determination process or review of eligibility, the minor parent states that living in the parental home is unacceptable, the minor parent shall not be asked to explain the reasons behind this assessment.
e. Minor parents not living in an approved living arrangement at the time of application, who do not have good cause in Reach Up Services rule 2319.3 for living independently, may be granted Reach Up benefits for 30 days if all other eligibility factors are met.
f. If the minor parent is not living in an approved living arrangement at the end of the 60-day period, including the 30-day grace period, is not exempt, and is not cooperating with the case manager, the Reach Up household’s benefits shall be subject to fiscal sanctions (Reach Up Services rule 2328). 2226 Eligible Reach Up Essential Caregiver (08/01/2024, 23-28)
a. An individual, other than the parent of an eligible child or spouse, is considered an essential caregiver and shall be included in the Reach Up household if they fulfill all of the following criteria:
1. Live in the same household with the applicant or participant; 2. Are not eligible for SSI/AABD or Reach Up benefits, but are in need, according to Reach Up eligibility standards; and 3. Furnish essential care and/or services that: i. The applicant or participant cannot perform on their own; ii. Are deemed essential; and iii. Would need to be provided if the essential caregiver were not in the same household. b. Types of essential care and/or services include:
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1. The provision of child care that enables the applicant or participant to work on a full-time paid basis outside the home; 2. Care for a disabled or seriously ill member of the Reach Up household in the home; 3. The provision of child care that enables the applicant or participant to attend training or postsecondary education full time; 4. The provision of child care that enables the applicant or participant to attend high school or equivalent educational classes full-time; or 5. The provision of child care, not to exceed a period of two months, that enables the applicant or participant to participate in a job search or other Reach Up activities.
c. To determine the need of an eligible Reach Up essential caregiver see rule 2237.
2227 Home (08/01/2024, 23-28)
a. A home is defined as the Reach Up household setting maintained, or in the process of being established, in which the parent or caretaker assumes responsibility for care and supervision of the child.
b. Lack of a physical home, as in the case of a family experiencing homelessness, is not by itself a basis for disqualification from eligibility for Reach Up benefits.
c. The child and parent or caretaker normally share the same physical home.
d. A home shall also be considered to exist, in certain circumstances, during the temporary absence of either the child or parent/caretaker from the physical home (rule 2228).
2228 Temporary Absence from the Home (08/01/2024, 23-28)
a. In all cases where a child or parent/caretaker is or will be absent from the home for a period of 30 days or more, the parent or caretaker must notify the Department of the following: 1. The reason for the absence; 2. The designation of the protective payee, if applicable; and 3. The parent’s or caretaker’s intent to maintain a home for the child during the absence. b. All temporary absences of a child or parent/caretaker exceeding 30 days shall be subject to verification and approval by the Department. c. The expectation of temporary absences of a child or parent/caretaker must not exceed 180 consecutive days. 1. Counting the 180 consecutive days begins on: i. The date the child or parent/caretaker leaves the home; or ii. The first day Reach Up benefits were approved when the child or parent/caretaker has previously been absent from the home prior to receiving Reach Up benefits.
2228.1 Temporary Absence of a Parent or Caretaker (08/01/2024, 23-28)
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a. A temporary absence of a parent or caretaker from the home for a period of greater than 30 days, but not expected to exceed 180 consecutive days, is limited to the following:
1. The parent or caretaker is receiving inpatient or outpatient care from a hospital;
2. The parent or caretaker is receiving inpatient or outpatient care from a substance abuse treatment facility; or
3. The parent or caretaker is receiving inpatient or outpatient care from another medical institution.
b. The parent or caretaker, who is temporarily absent from the home for any of the above reasons, may receive Reach Up benefits if the following criteria are met:
1. The parent or caretaker continues to maintain a home, including lack of a physical home, and be responsible for the child;
2. The parent or caretaker has arranged for a responsible adult to care for the child and to be designated as the protective payee of the Reach Up benefits during the absence;
3. The parent or caretaker plans to return to the home at the end of the absence; and
4. The Reach Up household continues to meet all other eligibility requirements for Reach Up benefits.
c. If the Reach Up household is homeless, and the parent or caretaker is temporarily absent for any of the above reasons, the parent or caretaker may receive Reach Up benefits if they continue to be responsible for the child and meet criteria (b) 1 through 4 above.
d. A parent or caretaker, who is temporarily absent from the home for reasons other than to receive medical care as specified above, may receive Reach Up benefits for a period not to exceed 30 days.
e. For absences beyond 30 days, the Department shall provide housing expenses by vendor payment if a housing allowance is included in the Reach Up benefits. 1. Housing expenses include rent, mortgage, property taxes, insurance, allowable maintenance and repair, and room and board. 2. If there is any balance remaining after the housing expenses are deducted, the remaining amount shall be paid to the designated protective payee in two payments. 3. Sixty percent of any remainder shall be paid within the first half of the calendar month and forty percent within the second half of the month.
f. During the temporary absence of a parent or caretaker, basic needs shall be included in the Reach Up budget, according to applicable standards, as follows:
1. Allowance for continuing needs of eligible children cared for in their own home or in a temporary placement by a responsible adult;
2. Allowances for continuing needs of the parent or caretaker; and
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3. Allowances for maintenance of the Reach Up household’s home.
g. Reach Up benefits will terminate when the parent or caretaker has been absent from the home for more than 180 consecutive days.
2228.2 Temporary Absence of a Child (08/01/2024, 23-28)
a. A temporary absence of a child from the home not expected to exceed 180 consecutive days is limited to the following:
1. The child is placed in the custody of the Department pursuant to a court order and reunification with the parent or caretaker is the goal;
2. The child is voluntarily placed outside of the home; or
3. The child is incarcerated.
b. A temporary absence of a child from the home exceeding 180 consecutive days is limited to:
1. A child attending school pursuant to rule 2244.2; or
2. A child receiving care in a hospital, substance abuse treatment facility, or other medical institution.
c. When a child is temporarily absent from the home for any of the above reasons, the parent or caretaker may receive Reach Up benefits on behalf of the absent child as long as the following criteria are met:
1. The parent or caretaker, with whom the child is living, continues to maintain a home for the child;
2. The parent or caretaker plans for the child to return to the home at the end of the absence; and
3. The Reach Up household continues to meet all other eligibility requirements for Reach Up benefits.
d. Reach Up benefits on behalf of a child, who is temporarily absent from the home for reasons other than those specified above, including out-of-home visits, will terminate after 30 days.
e. Basic needs shall be included in the Reach Up budget as though the child were living in the home of the parent or caretaker.
f. Except as provided in subsection (b), Reach Up benefits on behalf of the child will terminate when the child has been absent from the home for more than 180 consecutive days.
1. For children placed in the custody of the Department, Reach Up benefits will terminate when reunification is no longer the goal or the parental rights have been terminated by the court.
2. Reach Up benefits on behalf of a child who is away from home for more than 180 consecutive days for the reasons in subsection (b) above may continue solely through the State-funded program.
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2228.3 Separation of Child and Parent/Caretaker from the Home at Time of Application
(08/01/2024, 23-28)
a. Reach Up benefits may be approved for an applicant if the child and parent/caretaker will be living together in the home within 30 days after approval of the first Reach Up benefit.
b. The Department may exercise its discretion to extend this time period up to 180 days so unique situations may be addressed on an individual basis, but has no obligation to do so.
2229 Residence (08/01/2024, 23-28)
a. To be eligible for Reach Up benefits, an individual shall be a resident of Vermont at the time of application.
b. A resident of Vermont is defined as an individual who is domiciled voluntarily within Vermont regardless of the duration of such domicile.
c. To be domiciled is to be physically present in Vermont with the intent to make Vermont one’s home.
d. A new resident of Vermont that applies and is eligible for Reach Up, but is receiving TANF benefits from another state, may be found eligible and benefits should be computed for the overlapping periods, if the benefits from the other state are scheduled to end.
1. If the payment level in the other state equals or exceeds the Reach Up benefit amount, the Reach Up application must be denied for the overlapping period, and Reach Up benefits can be reconsidered for when the other state benefits are scheduled to end. 2. If the Reach Up benefit amount exceeds that of the other state, the balance must be given in a benefit for the overlapping period.
e. Vermont residency is retained until abandoned, which is defined as a move outside Vermont with the intent to domicile outside Vermont.
f. Vermont has no citizenship requirements to be a resident.
g. To be eligible for Reach Up benefits, a Vermont resident must also be a citizen or national of the United States or a qualified immigrant under rule 2230 and federal law.
h. A member of the Reach Up household shall retain Vermont residency despite temporary absence from Vermont for any of the following reasons:
1. Visiting; 2. Obtaining necessary medical care;
3. Obtaining education; or
4. Training sponsored under a program of vocational rehabilitation, work incentive or higher education.
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i. In all cases where a member of the Reach Up household is to be temporarily absent from Vermont for a period of 30 days or more, they must notify the Department, advising of their new location, mailing address, and residency intent.
1. Failure to notify the Department of a temporary absence from Vermont may cause delay in receipt of Reach Up benefits or the inability to determine continued eligibility.
2229.1 Residence of Child in Custody (08/01/2024, 23-28)
a. Vermont is the residence of a child placed in the custody of the Department, pursuant to a court order, regardless of where the child is actually living.
b. A Reach Up household may receive Reach Up benefits under rule 2228.2 for a child committed to the care and custody of another state, if the plan is to reunify the household in Vermont.
2230 Citizenship and Immigration Status (08/01/2024, 23-28)
a. To be eligible for Reach Up benefits, an individual shall be:
1. A citizen or national of the United States; or
2. A qualified immigrant.
i. Qualified immigrant shall have the same meaning as a “qualified alien” under 8 U.S.C. § 1641.
b. Reach Up applicants must declare citizenship and immigrant status on the Reach Up application.
1. Non-citizens must provide documentation of immigration status.
2. The Department must verify the immigration status of every non-citizen in a household using SAVE (Systematic Alien Verification for Entitlements) or another immigration status verification system established by the federal government.
i. Once identity and immigration status are verified, the applicant will not be required to provide additional proof of immigration status or identity.
c. For purposes of these rules, a “non-citizen” is a person who is not citizen or national of the United States.
d. A “citizen or national of the United States” is:
1. An individual born in the 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, American Samoa, or Swains Island, except for individuals born to foreign diplomats;
2. A naturalized citizen;
3. An individual who otherwise qualifies as a citizen of the United States under § 301 of the Immigration and Nationality Act (INA), 8 U.S.C. 1401; or
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4. An individual who otherwise qualifies as a national of the United States under § 308 of the INA, 8 U.S.C. § 1408.
e. A “qualified immigrant” is:
1. A non-citizen granted Permanent Resident Alien Status under the INA;
2. A non-citizen granted asylum under § 208 of the INA;
3. A refugee admitted to the United States under § 207 of the INA;
4. A non-citizen paroled into the United States under § 212(d)(5) of the INA for a period of at least one year;
5. An immigrant whose deportation has been withheld under:
i. Section 243(h) of the INA, as in effect prior to April 1, 1997; or
ii. Section 241(b)(3) of the INA, as amended by § 305(a) of division C of Public Law 104-208;
6. An immigrant granted conditional entry under § 203(a)(7) of the INA, as in effect prior to April 1, 1980;
7. A Cuban or Haitian entrant, as defined in § 501(e)(2) of the Refugee Education Assistance Act of 1980;
8. A non-citizen who (or whose child or parent) has been battered or subjected to extreme cruelty in the United States and otherwise satisfies the requirements of 8 U.S.C. § 1641(c);
9. A victim of a severe form of human trafficking who has been certified or received an eligibility letter by the U.S. Office of Refugee Resettlement;
10. An Amerasian immigrant admitted to the United States under § 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as amended; or
11. Any other non-citizen whom Congress permits to receive temporary assistance for needy families under part A of title IV of the Social Security Act.
f. Except as provided in subsection (g), qualified immigrants are not eligible for Reach Up benefits for five years from the date they entered the United States or the date they became a qualified immigrant if they were not qualified immigrants upon entrance.
g. The following qualified immigrants do not have to wait five years before they may be eligible for Reach Up benefits:
1. A refugee admitted to the United States under § 207 of the INA;
2. A non-citizen granted asylum under § 208 of the INA;
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3. An immigrant whose deportation has been withheld under:
i. Section 243(h) of the INA, as in effect prior to April 1, 1997; or
ii. Section 241(b)(3) of the INA, as amended by § 305(a) of division C of Public Law 104-208;
4. A Cuban or Haitian entrant, as defined in § 501(e)(2) of the Refugee Education Assistance Act of 1980;
5. An Amerasian immigrant admitted to the United States under § 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as amended; or
6. A qualified immigrant who is:
i. An honorably discharged veteran who fulfills the minimum active-duty service requirements of 38 U.S.C. § 5303A(d);
ii. An active duty member of the Armed Forces of the United States, other than active duty for training; or
iii. The spouse, un-remarried surviving spouse, or unmarried dependent child of a veteran or member, as described above.
A. An un-remarried surviving spouse does not have to wait five years for benefits only if the spouse was married to a veteran or member, as described above:
1. Before the expiration of 15 years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated;
2. For one year or more; or
3. For any period of time if a child was born of the marriage or was born to them before the marriage.
h. No immigrant or non-citizen is eligible for Reach Up benefits unless that person is a qualified immigrant.
1. An immigrant illegally residing in the United States does not qualify for Reach Up benefits.
i. Rule 2230 shall be construed in accordance with federal law, and in the event of a conflict, federal law controls.
2231 Social Security Numbers (08/01/2024, 23-28)
a. For a Reach Up household to be eligible for Reach Up benefits, all members of the Reach Up household must provide, verify, or apply for a social security number.
b. The Department will notify applicants/participants that it uses social security numbers in the administration of Reach Up benefits.
c. The Department will advise applicants/participants how to apply for social security numbers and will
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not delay, deny, or discontinue Reach Up benefits while the issuance and verification of such numbers is pending.
2232 Child and Spousal Support (08/01/2024, 23-28)
a. Physical absence of a parent from the home, for any reason, does not relieve the parent or spouse of legal responsibility for support of a dependent child.
b. A debt is created to the Department by the noncustodial parent or former spouse when they are responsible, and not paying, for a child support or spousal support obligation and their dependent child or former spouse is receiving Reach Up benefits in another household. 1. The amount of debt owed shall equal the amount of Reach Up benefits paid, unless the following conditions exist:
i. The Family Court rules otherwise;
ii. The Office of Child Support (OCS) enters into a voluntary agreement with the responsible parent to limit the debt; or
iii. The noncustodial parent or spouse presents a court order that limits said debt.
2232.1 Assignment of Support Rights (08/01/2024, 23-28)
a. Assignment of support rights is the legal procedure by which a person receiving Reach Up benefits agrees to turn over to the Department any right to support, including arrearages, paid by the noncustodial parent or former spouse in exchange for receipt of Reach Up benefits.
1. The Department will use a portion of such support to cover or recoup the Reach Up benefits.
b. Assignment of support rights is a condition of eligibility for Reach Up benefits.
1. This requirement applies to parents/caretakers and may not be waived.
2. This requirement applies to support from all noncustodial parents or former spouses of all members of the Reach Up household.
c. In a Reach Up household with two eligible parents, where one or more of the children has a noncustodial parent, the parent recognized under 15C V.S.A. § 102(16) will sign the assignment of child support rights form, regardless of which parent is the Reach Up head of household.
2232.2 Cooperation with the Office of Child Support (08/01/2024, 23-28)
a. A parent/caretaker shall be required to cooperate with the Office of Child Support (OCS) in establishing parentage and pursuing child support from any noncustodial parent, unless a request for a waiver from the requirement to cooperate is made.
b. Failure to cooperate, as determined by OCS, shall result in a 25 percent reduction of the Reach Up household's benefit.
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c. Areas in which the parent's/caretaker's cooperation is required include:
1. Identifying and locating the noncustodial parent of the child in the custody of the parent/caretaker;
2. Establishing the parentage of any child in the custody of the parent/caretaker;
3. Obtaining child support payments for the child in the custody of the parent/caretaker; 4. Obtaining any other payments or property owed to the parent/caretaker or the child;
5. Appearing at times and places as requested to provide information or be a witness at a judicial hearing; and
6. Paying to OCS any child support payments received after an assignment of support has been made.
d. The Department shall notify OCS of all noncustodial parents of the parent’s/caretaker’s children in their custody unless a request for a waiver from the requirement to cooperate is pending.
1. The Department must notify the parent/caretaker of the right to request a waiver based on good cause (rule 2232.3) as an exception to the cooperation requirement. e. Information provided to OCS is subject to verification with the parent/caretaker.
2232.3 Good Cause for Refusal to Cooperate (08/01/2024, 23-28)
a. The Department shall excuse a parent/caretaker from cooperating with OCS when there is good cause for noncooperation.
b. Good cause exists when the Department determines that cooperation is not in the best interest of the child because it may result in any one of the following:
1. Physical or emotional harm to the child;
2. Physical or emotional harm to the parent/caretaker; o r
3. At least one of the following circumstances exists:
i. The child was conceived as a result of incest or rape;
ii. Legal proceedings for the adoption of the child are pending; or
iii. The parent/caretaker is determining an adoption plan.
2232.4 Request for a Child Support Waiver (08/01/2024, 23-28)
a. A parent/caretaker requesting a child support waiver must provide sufficient information to allow the Department to determine if good cause exists.
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b. A Reach Up household that is fully cooperating shall not have their Reach Up benefits denied, reduced, or delayed pending the Department's child support waiver decision.
1. This decision will be made within 30 days from the date the child support waiver is requested, except when the required information cannot be obtained within that time frame. c. Upon request, the Department will provide reasonable assistance in obtaining information to support the child support waiver.
d. The Department may verify the information received or seek additional information necessary to evaluate a child support waiver.
e. In processing requests for the child support waiver, the Department will:
1. Only contact noncustodial parents if such contact is necessary to establish the child support waiver; and 2. Notify the parent/caretaker of the child, prior to making such necessary contact, to enable the parent/caretaker to: i. Present additional information so that contact with the noncustodial parent becomes unnecessary; ii. Agree to the contact; iii. Withdraw the household's application for Reach Up benefits; or iv. Refuse to allow the contact after being advised that this refusal will result in denial of the child support waiver.
f. The Department will base a child support waiver determination on documentation, such as:
1. Law enforcement records;
2. Court documents;
3. Criminal records;
4. Birth certificates;
5. Medical records;
6. Social service or child protective services records; or
7. Supporting statements from individuals, other than the parent/caretaker, with knowledge of the circumstances.
g. If additional information is needed, the Department must promptly notify parent/caretaker of the type of documentation required.
h. The Department will investigate claims of anticipated emotional or physical harm to the child or
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parent/caretaker, even when no information is submitted to support the child support waiver.
i. OCS is prohibited from attempting to establish parentage or collect child support in cases where the parent/caretaker requests a child support waiver until a decision has been made regarding the waiver request.
2232.5 Review of Child Support Waivers (08/01/2024, 23-28)
a. The Department shall review child support waivers at each recertification unless a waiver has been granted for the lifetime of the parent/caretaker.
b. The parent/caretaker must submit current information if a significant change of circumstances relative to the child support waiver has occurred.
2232.6 Termination of Benefits Due to Child Support (08/01/2024, 23-28)
a. If a Reach Up household's benefit was terminated because of countable child support in excess of the Reach Up benefit, either alone or in combination with another reason affecting income eligibility, the household will enter a 12-month administrative period. 1. The administrative period begins with the first full calendar month following the effective date of the Reach Up termination and lasts 12 consecutive months. b. During this 12-month administrative period, the Department shall reinstate the Reach Up household's benefit effective the first day of the month when all the following conditions are met: 1. The Reach Up household becomes eligible for Reach Up benefits during that month solely because of a loss or reduction of child support; 2. The Reach Up household has been ineligible for Reach Up benefits since the termination; 3. The Reach Up household requests reinstatement by the 20th day of the month following the month in which the loss or reduction of child support first occurred; and 4. The Reach Up household returns the forms required for reinstatement by the end of the month in which they request reinstatement.
c. During the 12-month administrative period, OCS shall distribute current child support payments collected on behalf of the former Reach Up household to them within two days of receipt.
2233 Special Cases of Ineligibility (08/01/2024, 23-28)
a. Regardless of whether they meet all other eligibility requirements for Reach Up benefits, special cases exist where individuals and households are ineligible for Reach Up benefits.
2233.1 Strike Participants (08/01/2024, 23-28)
a. The term "strike" includes any strike or other concerted stoppage of work by employees, including a
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stoppage due to:
1. The expiration of a collective bargaining agreement; or
2. Any concerted slowdown or other interruption of operations by employees.
b. Participating in a strike means the act of stopping, slowing, or otherwise interrupting work with others to obtain demands from the member's employer.
c. The Department will deny or terminate benefits to a Reach Up household in which an adult household member is on strike.
1. If another member of the Reach Up household is on strike, the needs of that member will be removed from the Reach Up benefits payable to the household.
2. The Department will consider such member's income and resources available to the Reach Up household if the member is legally liable for a child in the Reach Up household.
d. Closure or reduction of the Reach Up benefits will apply to the period in which the member is participating in a strike as soon as administratively possible.
2233.2 Convicted of Fraudulent Residence (08/01/2024, 23-28)
a. The Department will deny or terminate Reach Up benefits to individuals convicted in federal or state court of having made a fraudulent statement or representation with respect to their place of residence to receive benefits simultaneously from two or more states.
b. Such individuals shall be ineligible for a 10-year period beginning with the date of conviction.
c. The Department will consider such individuals' income and resources available to the Reach Up household.
d. Reach Up benefits will not be denied for any month beginning after the President of the United States grants a pardon with respect to the conduct that was the subject of the conviction.
2233.3 Fugitive Felons and Probation or Parole Violators (08/01/2024, 23-28)
a. The Department will deny or terminate Reach Up benefits to individuals who flee from justice to avoid detection, prosecution, or punishment after a felony conviction or who violate a condition of probation or parole imposed under federal or state law.
b. The Department will consider such individual’s income and resources available to the Reach Up household. c. Reach Up benefits will not be denied for any month beginning after the President of the United States grants a pardon with respect to the conduct that was the subject of the conviction. 2234 Time Limits (08/01/2024, 23-28)
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a. Reach Up time limits are the maximum number of months a participant may receive Reach Up benefits. b. A Reach Up household shall reach their time limits when a participant has received 60 or more countable, cumulative months of Reach Up benefits, or other cash benefits funded by a TANF block grant in another state. c. Once a Reach Up household reaches their time limits they are ineligible for Reach Up benefits unless each participant in the Reach Up household is fully engaging in Reach Up participant requirements (if applicable) and is: 1. Not able-to-work as defined in Reach Up Services rule 2301; 2. Caring for a child under one year of age;
3. Affected by domestic violence in accordance with Reach Up Services rule 2323.1;
4. Needed in the home on a full-time basis to care for an ill or disabled parent, spouse, or child in accordance with Reach Up Services rule 2323.3; or
5. Engaged in any of the work activities listed in 33 V.S.A. § 1101(28), with the exception of subsection 1101(28)(L).
d. A Reach Up household that does not qualify to continue receiving Reach Up benefits pursuant to subsection (c) may be eligible to continue receiving benefits if the Reach Up program director, or the program director’s designee, determines, on a monthly basis, that each participant in the Reach Up household is actively participating in Reach Up participant requirements (Reach Up Services rule 2311).
e. The monthly time limit count for Reach Up benefits begins on July 1, 2001.
1. Each full or partial month for which a participant receives Reach Up benefits counts toward the 60- month time limit. i. An overpayment of a full month of Reach Up benefits, which has been fully repaid, does not count towards the 60-month limit.
2. A month in which only support services are received by an employed participant does not count toward the 60-month time limit. 3. In a two-parent Reach Up household in which the parents have not received Reach Up benefits for the same number of months, the time limit is based on the participant who has received benefits for the greater number of countable months. 4. Benefits received under the Postsecondary Education (PSE), Reach First, and Reach Ahead programs do not count toward the 60-month limit.
f. A month in which Reach Up benefits are received does not count toward the 60-month time limit if the participant is:
1. not able-to-work as defined in Reach Up Services rule 2301;
2. A parent or caretaker who is caring for a child under one year of age;
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3. Affected by domestic violence pursuant to Reach Up Services rule 2323.1; or 4. Needed in the home on a full-time basis to care for an ill or disabled parent, spouse, or child pursuant to Reach Up Services rule 2323.3. g. The time limit shall not apply in the following cases: 1. Single or two-parent Reach Up households with at least one parent under the age of 18; 2. A dependent child living with a non-parent caretaker, who is not in the Reach Up household; or 3. A dependent child living with a single parent who receives SSI/AABD benefits, or with two parents who both receive SSI/AABD benefits.
2234.1 Termination after 60 Months (08/01/2024, 23-28)
a. Reach Up households, who have received 60 or more countable cumulative months of Reach Up benefits, will have their benefits terminated when, without good cause, they are not engaged with Reach Up participant requirements (Reach Up Services rule 2311). b. Good cause shall be determined according to Reach Up Services rules 2325 and 2326.
2234.2 Reapplication after 60 Months (08/01/2024, 23-28)
a. A Reach Up household whose benefits were terminated after having received 60 or more countable, cumulative months of benefits may be eligible for benefits at any time following termination.
b. Reach Up benefits shall be paid upon meeting eligibility criteria.
2235 Formation of the Reach Up Household (08/01/2024, 23-28)
a. A Reach Up household is defined as one or more individuals whose requirements, income, and resources are considered as a unit to determine need for Reach Up benefits.
b. A Reach Up household must include one or more eligible dependent children.
1. In addition, the Reach Up household must include all siblings. including half-siblings, living with the dependent child or children, and qualifying under the age criteria, as defined in rule 2221.
2. A parent must be included in the Reach Up household if the parent lives in the home with a child included in the household unless the child’s legal guardian is receiving Reach Up benefits on behalf of the child, in which case the legal guardian may choose to not have the parent included in the child’s Reach Up household.
i. Both parents, if living in the same household with an eligible child, must be included in the Reach Up household, unless specified below.
ii. A parent whose residence in the home is interrupted by active duty in the United States
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uniformed services or by education, training, or employment away from home must be included in the Reach Up household.
3. Another relative or caretaker living in the same household with the parents and children, who has assumed responsibility for the care and supervision of the children, can only be added to the household if the parents are incapable of providing care and supervision.
c. The three exceptions to the requirement that a Reach Up household must include at least one eligible child are:
1. The only dependent child is a disabled child receiving SSI/AABD benefits; 2. A pregnant person having no other children in their home when: i. Their due date is within the next 30 days of application; ii. This due date has been self-declared or medically verified; and iii. It has been determined that the child, when born, would be eligible for Reach Up; or 3. A pregnant person having no other children in their household when the expected delivery date falls within the three-month period following the month of application and the person meets one of the following conditions: i. The pregnant person qualifies for Medicaid based on a disability; ii. The pregnant person is a minor and has a self-declared high-risk pregnancy; or A. If their 18th birthday falls before the 30th day immediately preceding the expected delivery date, eligibility for Reach Up continues through the end of the pregnancy. iii. The pregnant person is not a minor, has a medically verified high risk pregnancy, and requests consideration for early Reach Up eligibility based on their belief that they are unable to work due to a high-risk pregnancy and is found eligible on this basis. d. Independent medical professionals, who perform examinations required to enable the Department to determine a pregnant person’s ability to work due to a high-risk pregnancy, will be provided reasonable reimbursement. e. In the case of a pregnant person seeking Reach Up benefits based on the pregnancy, the Department shall determine eligibility no later than 10 calendar days following receipt of all information necessary to make the eligibility decision.
f. The Reach Up household shall not include the other parent recognized under 15C V.S.A. §102(16) of an expected child until that child is born, unless there are other legal obligations to the Reach Up household such as marriage to the pregnant person or parentage of another child in the household.
g. The Reach Up household may also include the following individuals when they are living in the same household:
1. An eligible caretaker; or
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2. An eligible Reach Up essential caregiver.
h. An individual participating in the Job Corps program, who normally returns home on weekends is entitled to be a member of the Reach Up household.
i. The Reach Up household shall not include an individual receiving benefits under the SSI/AABD program.
1. A SSI/AABD recipient receiving benefits under the SSI/AABD program include disabled individuals, who received SSI/AABD, became gainfully employed, and were subsequently granted 1619(b) status by the Social Security Administration.
2. These individuals shall continue to be considered SSI/AABD recipients during any months in which their 1619(b) status remains in effect, whether they receive SSI/AABD payments during those months.
j. The Reach Up household shall not include a sibling or a parent subject to the five-year bar for qualified immigrants.
2236 Caretaker Reach Up Household (08/01/2024, 23-28)
a. There can be only one person designated as the eligible caretaker for the Reach Up household at any given time. b. An eligible caretaker (rule 2223) may qualify for inclusion in the Reach Up household.
c. Caretakers receiving benefits under the SSI/AABD program are not eligible for inclusion in a Reach Up household (rule 2235).
d. Eligible caretakers included in a Reach Up household with their own children cannot be included in a caretaker Reach Up household.
e. If a parent living in the home is incapable of exercising parental obligations, both the parent and an eligible caretaker living with the child and responsible for the child’s care and supervision may be included in the Reach Up household.
f. A caretaker may apply and be eligible for two or more Reach Up households when the households include children who are not siblings or half-siblings (rule 2223).
g. The Department shall take the following steps to determine the eligibility for a caretaker Reach Up household: 1. First, the Department shall determine the eligibility of the child’s Reach Up household without the caretaker; 2. Second, the Department shall determine whether the caretaker is applying for their own needs to be included in the Reach Up household if the child’s Reach Up household is eligible; and 3. Third, the Department shall determine the difference between the child’s Reach Up benefit amounts,
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with and without the caretaker, and allow the caretaker to decide if their needs should be included in the Reach Up household. h. The child’s Reach Up household is formed according to rule 2235 and must meet all requirements for Reach Up eligibility. 1. A housing allowance may be included in the Reach Up household’s needs, up to the housing allowance maximum, which includes the special needs housing allowance, if applicable, if the caretaker charges the child for housing.
2. If the child’s Reach Up household is not eligible for Reach Up, the caretaker is not eligible either. i. If the caretaker is applying for their own needs to be included in a child’s eligible Reach Up household, the Department shall determine whether the caretaker and the eligible child are financially eligible for Reach Up benefits. 1. The Department considers the caretaker’s household to include the following persons, if any, living with the caretaker: i. The caretaker’s spouse; ii. Minor children other than the Reach Up eligible child; or iii. Other tax dependents. 2. The combined countable resources of the caretaker’s household must not exceed the Reach Up resources maximum (rule 2255). 3. The combined countable income of the caretaker’s household is determined according to the rules for Reach Up eligibility (rules 2248, 2249, 2250, and 2251), as if the caretaker’s household were the Reach Up household. i. Payments may be deducted from the caretaker’s household’s earned income, if they are made to an individual who is a tax dependent, outside of the home. ii. The combined countable income of the caretaker’s household must not exceed their ratably reduced needs determined according to Reach Up rules 2238, 2239 and 2240. 4. The Department shall determine Reach Up eligibility by including the needs of both the caretaker and the eligible child. i. Only the caretaker’s shelter expenses, up to the maximum housing allowance, including the special needs housing allowance, if applicable, are included in the Reach Up household’s needs. j. A caretaker’s resources are not available to the child when the caretaker does not have the legal responsibility of a parent to support the child. k. The caretaker’s income is also not available to the child unless the caretaker has indicated a commitment to make ongoing monetary contributions toward the support of the child, considered unearned income to the child.
2237 Need Determination (08/01/2024, 23-28)
a. A need determination is a basic eligibility requirement and shall be completed at initial application,
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reapplication and at each subsequent review of eligibility, including recertification, interim report and changes in circumstances.
2238 Method for Determination of Need (08/01/2024, 23-28) a. The Department computes financial need using the following methods: 1. Budgetary comparison of the Reach Up household's available net monthly income to the Reach Up payment standard (total needs standard (rule 2244) multiplied by the rateable reduction (rule 2239)); and 2. Comparison of the Reach Up household's available resources to the combined resources limitation (rule 2254.1).
b. Standards for basic requirements (rules 2243-2246) common to all individuals and households have been established to simplify the Department's determination of need and to ensure equitable consideration for all individuals in similar circumstances.
c. Financial need, and the amount thereof, shall be established when budgetary computation shows a deficit and resources are within the maximum allowed.
1. If either condition is not met the applicant/participant shall be ineligible, due to lack of financial need.
2239 Payment Standard (08/01/2024, 23-28)
a. The payment standard is the maximum amount of Reach Up benefit that a Reach Up household can receive. b. The payment standard is reduced by the rateable reduction, which is 49.6 percent of the household's needs standard, because funding is insufficient to meet 100 percent of the need standard.
2240 Eligibility Computation (08/01/2024, 23-28)
a. Financial eligibility is computed for an initial application, a reapplication, and at each subsequent review of eligibility, including recertification, interim report and changes of circumstances. b. Eligibility based on income is determined as follows:
1. Determine the amount of the Reach Up household’s gross non-excluded earned and unearned income, including any support predicted or collected by the Office of Child Support, except for the $100 family bonus (rule 2250.1);
2. Apply appropriate deductions and disregards to determine net income (rules 2248, 2251, and 2252); 3. Determine the payment standard for the Reach Up household (rule 2238); 4. Subtract 2 from 3; and i. If net income equals or exceeds the payment standard, the Reach Up household is ineligible due to lack of financial need; or
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ii. If net income is less than the payment standard, the difference is the payment amount (rule 2242). 5. Round the result in step 4 down to the nearest whole dollar for the payment amount (rule 2239).
c. When sanctions apply, the Reach Up household’s benefit is calculated in the following order:
1. First, deduct any sanctions imposed due to noncooperation with the pursuit of child support;
2. Second, deduct any sanctions imposed due to non-engagement in Reach Up participant requirements; and
3. Third, deduct any recoupment of previous Reach Up overpayments.
d. For households reapplying for Reach Up solely because of loss of child support refer to rule 2232.6 for eligibility computation.
2241 Prospective Eligibility and Budgeting (08/01/2024, 23-28)
a. All factors of eligibility and the basic need standard, including shelter costs, shall be determined prospectively for all Reach Up households for all payment months.
1. "Prospective eligibility" means that eligibility for any given month is determined by estimating as accurately as possible whether all eligibility factors will be met during that month.
2. "Prospective budgeting" means that the amount of payment for any given month will be based on the best estimate of income and circumstances that will exist in that month.
i. In prospective budgeting the budget month and payment month are the same. b. Payment shall be determined prospectively for all Reach Up households, including those sanctioned for not engaging in the Reach Up participant requirements, based on the Department's best estimate of the Reach Up household's circumstances.
1. This estimate is derived from information collected and documented at initial application, reapplication and at each subsequent review of eligibility, including recertification, interim report and changes of circumstances.
c. Information about circumstances during the most recent calendar month shall be the basis of the estimate of the Reach Up household's circumstances during the remainder of the recertification period until, and unless, a change in circumstances is reported or otherwise identified.
2242 Amount of Benefit Paid (08/01/2024, 23-28)
a. The Reach Up benefit payment shall be the result of the eligibility computation (rule 2240) rounded down to the nearest whole dollar amount.
b. Except for Reach Up households receiving parent share payments (rule 2250.2), no payment shall be made to a Reach Up household in any month in which the amount of benefits is determined to be less than $10.00 for that month, prior to any recoupment applied to the benefit.
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1. A Reach Up household not receiving payment solely because the payment would be less than $10 shall be considered eligible for Reach Up for all other purposes. i. This will also apply in cases where a Reach Up household payment of 99 cents or less has been rounded down to zero.
2243 Needs (08/01/2024, 23-28)
a. Certain requirements, basic to all Reach Up households, shall be accounted for in budgetary computation, including:
1. Food;
2. Fuel;
3. Utilities, including water, sewer, electricity, air conditioning;
4. Clothing;
5. Personal needs and incidentals;
6. Shelter; 7. Household-related chores, including: snow removal, lawn maintenance, and household cleaning supplies; and 8. Special needs, including: telephone, life insurance premiums, household appliances, municipal assessment costs, fire insurance premiums and those specified in rule 2244.3.
b. Each of these basic requirements shall be accounted for in one of the following ways:
1. Using the standard allowance for the required item; 2. Indicating that the required item is available in-kind (rule 2248.2) without monetary cost; or i. An item available in-kind and earned shall be budgeted at appropriate standards. ii. An item available in-kind and unearned shall not be included in the budget. 3. Indicating that the required item is included in the cost of another item, such as room and board (rule 2246.3).
c. No budgetary allowance is made for purchase, maintenance or related expenses of operating a vehicle, except for allowable self-employment business expenses.
2244 Needs Standards (08/01/2024, 23-28)
a. The needs standards are the total monthly requirements of each Reach Up household.
b. The total monthly requirement of each Reach Up household shall be calculated using the following:
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1. Basic needs standards table for Reach Up (rule 2244.1);
2. Housing allowance (rule 2246), including, where applicable, the special housing allowance (rule 2244.3) and maintenance of housing during temporary absence (rule 2228); and 3. Shared households (rule 2246.2), where applicable.
c. When non-recipient members of a Reach Up household fail to contribute to household expenses, their needs shall not be budgeted as a need of the Reach Up household.
1. The Department shall encourage and assist the applicant/participant to obtain contributions from such non-recipient members at least equal to their share of household expense, as calculated above.
2244.1 Basic Needs Standards (08/01/2024, 23-28)
a. The basic needs standards table published in the Reach Up Eligibility procedures is used to determine Reach Up eligibility.
b. The basic needs standards include food, fuel, utilities, clothing, personal needs and incidentals, household-related chores, and special needs required by Reach Up household members regardless of the total number of individuals residing in the household.
2244.2 Children in Schools (08/01/2024, 23-28)
a. Basic needs allowances for an eligible child, who is away from home to attend school, shall be included in full when the parent/caretaker is responsible for the care and supervision of the child.
b. If the parent/caretaker is no longer responsible for the care and supervision of the child, then that child may only be included in the Reach Up household if the criteria in rule 2228.2 are met.
2244.3 Special Housing Needs (08/01/2024, 23-28) a. A monthly special housing needs allowance shall be paid to Reach Up households, who have actually incurred housing expenses in excess of the maximum monthly housing allowance, as determined by rule 2246. b. For eligible Reach Up households, the amount of the special housing needs allowance shall be calculated as housing expenses in excess of the maximum monthly housing allowance, or $90, whichever is less. c. The special housing needs allowance is subject to the payment standard (rule 2239).
2245 Budgeting for Living Arrangements (08/01/2024, 23-28)
a. Budgeting the monthly Reach Up benefits shall include allowances for all maintenance items required in the living arrangement of the Reach Up household.
1. Allowances for maintenance of a prior living arrangement during temporary absence (rule 2228) shall be continued, under specified conditions.
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b. Standard allowances are classified according to the following living arrangements:
1. Household or housing unit; 2. Room and board; 3. Room with separate meals; or 4. Institution. 2246 Housing Allowance (08/01/2024, 23-28) a. Housing expense is defined as the total of all costs incurred for any of the following: 1. Rental; 2. Real estate or equivalent personal property taxes; 3. Maintenance and repairs for real estate owned and listed in the name of the applicant/participant; 4. Mortgage payments; 5. Homeowners insurance; and 6. Condo and association fees. b. Housing allowances shall be budgeted as incurred to cover recurring shelter expenses necessary to maintain a home, not to exceed the current maximum monthly housing allowance stated below. c. The housing allowance portion of a Reach Up benefit is limited to expenses incurred for the current month. 1. Overdue expenses for prior months cannot be included in the Reach Up benefit for the current month. 2. Expenses incurred less frequently than monthly shall be prorated into monthly amounts for the period covered (rule 2244.3).
d. Maximum Monthly Housing Allowance Table:
Outside Chittenden County Chittenden County $400 $450 e. The expense for shelter, when shared, may be included based upon the participant's incurred housing cost, not to exceed the maximums. f. When housing is provided at no cost and is considered unearned in-kind income (rule 2248.2) no housing allowance and no unearned income are budgeted. g. When housing is provided at reduced cost and is considered unearned in-kind income (rule 2248.2), only the Reach Up household's incurred cash obligation for housing is budgeted as the housing allowance, not to exceed the applicable housing maximum, and no unearned income is budgeted. h. In the case of housing received as earned in-kind income (rule 2248.2), the housing allowance budgeted
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should be the lesser of: 1. The maximum monthly housing allowance for which the Reach Up household is eligible; or 2. The sum of the following: i. The household's incurred monthly cash obligation, if any, for allowable housing costs; and ii. The amount of earned in-kind income received in the form of housing. i. A standard amount, which in most cases represents a portion of the fuel and/or utility subsidy used by Housing and Urban Development (HUD) in the calculation of subsidized housing rent for Reach Up households, will be considered unearned income for Reach Up eligibility, according to rule 2249. 1. The standard amount for those households, who must pay for fuel, or fuel and utilities, is $70. 2. The standard amount for those households, who must pay for utilities only, is $30. 3. A Reach Up household that documents an actual subsidy amount less than the standard amount may have the actual amount counted as unearned income in Reach Up benefit and eligibility calculations.
j. Nonpayment of all, or a portion of, the shelter expense, will be evaluated against the criteria for need of protective payments and subject to the limitations outlined in rule 2220.
2246.1 Subsidized Housing (08/01/2024, 23-28) a. The most common types of subsidized housing include: 1. Section 8; 2. Section 23; 3. F.H.A (Farmer's Home Administration) rental assistance units; 4. Section 236; and 5. Housing owned and operated by the local public housing authority. b. The Reach Up budget for subsidized housing will always be the maximum housing allowance permitted for a rental located in the county in which the Reach Up household resides. 1. The Reach Up budget is the same as above for a participant living in unsubsidized or private housing with a Section 8 certificate.
2246.2 Shared Households (08/01/2024, 23-28) a. The Department shall determine the housing allowance for households shared between two or more separate households as follows: 1. Budget each separate household considering eligible members of each Reach Up household. 2. Include housing cost as incurred by each household, each household's share not to exceed the housing allowance maximum and the sum of the shares not to exceed the total cost of housing. 3. If a Reach Up household member is the only person on the lease or mortgage, but a separate
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household living in the home regularly pays a share of the rent or mortgage payment, the housing allowance for each household cannot exceed the actual housing costs.
4. Any monetary contribution to the Reach Up household responsible for the household expenses from a separate household in the home will not be counted as income if: i. The payment is made by the separate household for their share of common household expenses to the Reach Up household responsible for household expenses; or ii. A payment is made directly to a non-resident landlord or mortgage holder.
b. This shared household rule does not apply to room and board because the housing cost portion of the room and board cannot be identified separately.
2246.3 Room and Board (08/01/2024, 23-28)
a. Room and board as a living arrangement for the Reach Up household shall be budgeted in the amounts established by the Room and Board Allowances Table below.
1. The Room and Board Allowances Table includes additional amounts for other basic needs, which include clothing, personal needs and incidentals, household-related chores, and special needs.
b. Room and Board Allowances Table:
Number of Reach Up Household Members 1 2 3 4 5 6 7 8 9 or more Room and Board
$379
$547
$725
$853
$1008
$1098
$1265
$1403 Add $138 for each additional person Other Basic Needs
$96
$133
$166
$211
$239
$274
$324
$366 Add $32 for each additional person
c. The total budgeted amount is subject to the ratable reduction.
2246.4 Institution (08/01/2024, 23-28)
a. An institution is a facility or establishment where people live and receive care.
b. Household members residing in institutions are ineligible for Reach Up benefits.
2246.5 Foster Home (08/01/2024, 23-28)
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a. Foster parents who receive payments for the care of a child in the custody of the Department are not eligible for Reach Up benefits on behalf of that child.
2246.6 General Assistance and Emergency Assistance Temporary Housing (08/01/2024, 23-28) a. The housing allowance for participants of General Assistance or Emergency Assistance temporary housing assistance is the maximum housing allowance permitted for a rental located in the county where the Reach Up household resides, in addition to the special needs housing allowance if applicable. b. The housing allowance will always be the maximum housing allowance, in addition to the special needs housing allowance, if applicable, regardless of whether the participant is required under the General Assistance or Emergency Assistance program to contribute a percentage of their income toward the cost of temporary housing.
2246.7 Shelters and Transitional Housing (08/01/2024, 23-28) a. The housing allowance for residents of a shelter or transitional housing is the maximum housing allowance for a rental located in the county in which the shelter or transitional housing is located, in addition to the special needs housing allowance, if applicable. b. The housing allowance will always be the maximum housing allowance, in addition to the special needs housing allowance, if applicable, regardless of the Reach Up household's incurred housing expenses.
2247 Temporarily Uninhabitable Home (08/01/2024, 23-28)
a. When the home owned by a parent/caretaker is temporarily uninhabitable, the shelter expenses for the home may continue to be budgeted for up to six months.
b. A home may be temporarily uninhabitable because of a variety of situations, including:
1. A fire;
2. The heating system is inoperable;
3. The water pipes are frozen; or
4. It is in a remote area where roads are not routinely snow plowed.
c. The home and shelter expenses of the temporary living arrangement may be budgeted but may not exceed the shelter maximum.
2248 Income (08/01/2024, 23-28)
a. Income is defined as any cash payment, or equivalent in-kind payment, that is available to the Reach Up household.
b. Sources of income include:
State of Vermont Agency of Human Services Department for Children and Families Economic Services Division Reach Up Eligibility Rules 2200
INTERPRETIVE MEMO Reach Up Eligibility Rule Interpretation This memo remains effective statewide until it is specifically superseded - either by a subsequent memo or by a contradictory rule with a later date. Please file in your manual facing the page indicated below. Facing page 2248.1(e), 2254.1 Effective date of this memo 7/1/2026 Page 1of 1 This memo is new. Act 136 of 2026 amended 33 V.S.A. § 1103(c) to eliminate the asset test. Effective July 1, 2026, the Reach Up program will no longer evaluate resources to determine eligibility. Lump sum payments, except for payments resulting from the conversion of a Reach Up participant’s real or personal property into a liquid asset, will continue to be considered in accordance with rule 2248.1. Payments resulting from the conversion of a Reach Up participant’s real or personal property into a liquid asset will be disregarded as resources.
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1. Earnings from employment or self-employment; and
2. Unearned income.
c. All income except that specifically excluded shall be evaluated to establish net income available to meet the Reach Up household's need.
d. When parents are maintaining a common living arrangement, their joint incomes shall be evaluated and considered for availability to meet their joint needs, even though only one applies for or receives benefits under any Department program.
1. This includes the spouse or civil union partner of a pregnant person with no children.
e. Verification of all income, except that specifically excluded, shall be required in the Reach Up Program.
f. The income of an ineligible household member on strike is counted (rule 2233.1). g. The income of an ineligible household member convicted of having made a fraudulent statement or representation with respect to their place of residence to receive assistance simultaneously from two or more states is counted (rule 2233.2). h. The income of an ineligible fugitive felon or probation or parole violator is counted (rule 2233.3). i. The income of a parent who is ineligible for Reach Up benefits due to immigration status (rule 2230) counts as income available to the Reach Up household. j. The income of a sibling who is ineligible for Reach Up benefits due to immigration status (rule 2230) shall not be counted as income to the Reach Up household. k. Transfer of income for the purpose of qualifying for additional Reach Up benefits that the Reach Up household would receive, is prohibited.
1. Voluntary transfer of income within two years before date of application, or while in receipt of Reach Up benefits, shall result in ineligibility unless the income is reconveyed to the household.
l. When feasible, future and potential sources of income shall be identified and developed (rule 2259).
1. Reach Up benefits in the amount needed based on currently available income shall continue until such potential income becomes available, at which time appropriate budgetary adjustment shall be completed.
2248.1 Household Receipt of Lump Sum (08/01/2024, 23-28)
a. Lump sum payments are large amounts of money received while the Reach Up household is receiving Reach Up benefits.
b. The Reach Up household is responsible for notifying the Department within 10 days of receipt of any
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lump sum payment of earned or unearned income.
1. The Department shall establish an overpayment for lump sum payments of child support for the month in which the payment was received, regardless of whether the household notified the Department with 10 days of receipt.
c. Lump sum payments shall be counted as income except for the following:
1. Insurance payments or similar third-party payments shall be excluded, if received for payment of medical bills or funeral costs, and used for those purposes;
2. Homeowner’s insurance payment shall be excluded if it is used to rebuild or repair the house or purchase a new one;
3. Money resulting from the conversion of an existing asset to a liquid asset shall be treated as a resource if the asset was acquired prior to the receipt of Reach Up benefits;
4. Money resulting from the sale of a vehicle shall be treated as a resource if acquired during receipt of Reach Up benefits;
5. Money that has been set aside in a trust fund, retirement account, or qualified child education savings account shall be treated as a resource and excluded (rules 2257); or
6. An income tax refund shall be treated as a resource, except for any portion that is a federal or Vermont Earned Income Tax Credit (EITC) refund.
i. EITC payments are disregarded both as income and as a resource (rules 2253 and 2257).
d. Lump sum payments received by the Reach Up household that are not excluded should be added together with all other monthly non-Reach Up income with applicable disregards subtracted. 1. When this total exceeds the household's need they will be disqualified for Reach Up benefits for the number of full months derived by dividing this total income by the need standard applicable to the Reach Up household.
2. If the Reach Up household reapplies for Reach Up benefits in the month following their disqualification period, any remaining income will be applied to the first month of eligibility. e. The disqualification period due to a lump sum payment may be recalculated if:
1. Any change of circumstances occurs during the disqualification period which, had the household been receiving Reach Up benefits, would have changed the benefit amount;
2. The Reach Up household deposits the lump sum payment, or a portion thereof, into an excluded savings account (rule 2257).
3. The Reach Up household incurs and pays for medical expenses that offset the lump sum payment; or 4. The income received has become unavailable to the Reach Up household under the following circumstances:
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i. Death or incapacity of the principal wage earner; ii. Loss of shelter due to fire or flood; iii. Repairs to owner-occupied homes that are essential to the health and safety of the Reach Up household; iv. Repair or replacement of essential, major household appliances; v. Repair or purchase of one or more motor vehicles per Reach Up household, essential for employment, education, training or other day-to-day living necessities; A. Expenses may include the following: 1. Purchase and use tax; 2. Inspection fee; 3. Insurance; and 4. Registration fees. B. Expenses may not include day-to-day operating expenses. vi. Payments attributable to current monthly housing expenses (rule 2246) that are in excess of the maximum monthly Reach Up housing allowance; vii. Advance payments, which are payments for expenses that will be incurred after the date the lump sum income was received, up to 12 months, of any of the payment of expenses listed below. viii. Payment of expenses that meet the following criteria: A. The expenses were overdue as of the date the lump sum income was received; B. The expenses were the legal liability of the member of the Reach Up household; and
C. The Reach Up household provides documentation that the lump sum income was used to pay the expenses.
ix. Circumstances that the Department determines are substantially similar. f. Eligible payment of expenses outlined in subsections (vii) and (viii) above are restricted to those of the primary residence and would include any late charges and the following: 1. Rent, including lot rent; 2. Mortgage payments, including principal and interest; 3. Property taxes; 4. Homeowner's insurance; 5. Heating bills;
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6. Utility bills; 7. Telephone bills; 8. Child care expenses necessary for a member of the Reach Up household to maintain employment, with the following limitation: i. If the overdue expenses were incurred when the participant was receiving Reach Up, only the unsubsidized amounts are considered eligible expenses.
9. Expenses for one or more motor vehicles per Reach Up household, essential for employment, education, training or other day-to-day living necessities, include the following, but not day-to-day operating expenses:
i. Overdue bills for repairs;
ii. Purchase and use tax;
iii. Loan or lease payments;
iv. Inspection fee;
v. Insurance; and
vi. Registration fees.
2248.2 In-Kind Income (08/01/2024, 23-28)
a. In-kind income is defined as any basic requirement that is furnished regularly at no cost to the Reach Up household. b. In computing the requirements, if any basic need item is furnished in part or in full and is considered unearned in-kind income, the item may not be claimed as an expense in the budget and no unearned in- kind income is budgeted. c. In computing the requirements, if any basic need item is furnished in part or in full and considered as earned in-kind income, the item may be claimed as an expense in the budget and it shall be given a monetary value by the employer and treated as earned income in the budget computation. 1. However, in no case shall the monetary value assigned to a need item received as earned in-kind income exceed the ratably reduced amount specified for that item in the Basic Need Standards Table (rule 2244.1) for a Reach Up household of equal size.
d. The monetary value to be budgeted as earned in-kind income shall be that portion of the housing allowance attributable to earned in-kind income, ratably reduced.
1. This ensures that earnings received in the form of housing do not reduce the amount of Reach Up benefits provided to meet the Reach Up household's other basic needs.
e. In no case shall the provision of fuel and/or utilities as part of an Reach Up household's housing be
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considered either unearned or earned in-kind income, regardless of whether or not they incur a cost for housing.
1. Nor in these instances shall these items be claimed as an expense in the budget.
2249 Unearned Income (08/01/2024, 23-28)
a. Unearned income includes the following:
1. Income from pension and benefit programs, such as social security, railroad retirement, veteran's pension or compensation, unemployment compensation, employer or individual private pension plans and annuities;
i. The Medicare Part B premium of a new Social Security or Railroad Retirement recipient that continues to be withheld from their benefits pending completion of their transfer to the Department of Vermont Health Access' (DVHA) Medicare Savings Program shall be disregarded until the benefit increase is available to the recipient.
ii. The amount of veteran’s benefits retained by a guardian as reimbursement for guardian services is disregarded as income.
2. Income from capital investments in which the Reach Up household is not engaged in active management (rule 2201);
3. Payments on mortgages or notes resulting from a sale of real or personal property when the Reach Up household is not engaged in the business of selling such property; 4. Voluntary contributions from others;
5. Child support in excess of $100 per month paid on behalf of a child included in the Reach Up household (rule 2250.1);
6. The applicable standard fuel and utility subsidy (rule 2246);
7. Reach First benefits attributed to the months that the Reach Up household applied for Reach Up benefits; and
8. The income of any person, and their spouse, who executed an affidavit of support (USCIS Form I-864 or I-864A) on behalf of the applicant or recipient pursuant to section 213A of the INA.
b. The full amount of available unearned income shall be applied to the payment standard, except for disregards specified under certain federal programs (rule 2253).
c. Any non-excluded income from student loans or grants (rule 2253) shall be converted to a monthly amount by averaging the total amount of the loan or grant over the period it is intended to cover.
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2249.1 Contributions (08/01/2024, 23-28)
a. Regular and predictable contributions, in the form of cash or in-kind, shall be considered unearned income.
b. Occasional small gifts and/or irregular contributions shall be disregarded in budgetary computations, provided the amounts do not exceed $30 per participant every three months.
c. Contributions to a third party on behalf of a Reach Up household do not count as unearned income if the payment is not otherwise owed to the household.
2250 Distribution of Child Support (08/01/2024, 23-28)
a. Office of Child Support (OCS) distributes current child support payments to the Department, which has been collected on behalf of Reach Up households.
b. The Department then distributes the child support payments, to the Reach Up household for whom child support has been collected, at the beginning of the second month following the month in which the child support payment was received by OCS.
2250.1 Family Bonus Payment (08/01/2024, 23-28)
a. The family bonus payment is the first $100 from child support collected by OCS in any calendar month and distributed to the Department on behalf of a Reach Up household.
b. The Department pays the family bonus to the custodial parent without affecting Reach Up eligibility or decreasing the amount of the benefit.
c. $100 is the maximum family bonus payment paid to a Reach Up household in a single calendar month, even when more than one noncustodial parent pays child support on behalf of that Reach Up household.
d. In no case shall the family bonus amount exceed the amount of child support paid on behalf of the members of the Reach Up household.
2250.2 Parent Share Payment (08/01/2024, 23-28)
a. The parent share payment is the amount in excess of $100 from child support collected by OCS in any calendar month and distributed to the Department on behalf of a Reach Up household.
b. The parent share payment shall be: 1. Deducted from the Reach Up benefit prior to any recoupment for the second month following the month in which OCS received the child support and distributed it to the Department; and 2. Paid to the Reach Up household according to the Reach Up benefit payment schedule (rule 2214.1).
2250.3 Child Support Arrearage Collected (08/01/2024, 23-28)
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a. Child support arrearage is past due child support owed by a noncustodial parent.
b. Arrearage collected by OCS from the noncustodial parent shall be distributed according to federal rules governing the distribution of child support.
c. Arrearage collected on behalf of a Reach Up household is applied to unpaid child support obligations that accumulated while the household was receiving Reach Up benefits.
d. When the arrearage collected from the noncustodial parent represents an accumulation of the child support obligation during a period when Reach Up benefits were received, the Department may retain an amount up to the Reach Up benefit for that period.
2250.4 Advance Child Support Payments (08/01/2024, 23-28)
a. Child support payments will be treated as advance payments only if current and past child support obligations are paid in full.
2251 Earned Income (08/01/2024, 23-28)
a. Earned income is defined as income prior to any voluntary or involuntary deductions including any applicable taxes, contributions under the Federal Insurance Contributions Act (FICA), or insurance.
1. In determining earned income for self-employed individuals, allowable business expenses shall be deducted first (rule 2251.2).
b. Earned income shall include all wages, cash or in-kind salary, commissions, or profit from activities in which the applicant/participant is engaged as an employee or a self-employed individual, including active management (rule 2201) of capital investments.
c. Self-employment income will be determined by the Reach Up household’s most recent tax return unless the tax return is not reflective of the current situation, a tax return has not been filed, or the household has earned income not subject to taxation.
1. In these circumstances, the Department will use the household’s records and other available sources to determine self-employment income.
2. For determining monthly self-employment income, see rule 2208.3.
d. Income earned during a period, when payment is made at one given time, is also included as earned income. e. Payments from the following programs shall be treated as earned income: 1. Income from Community Services Block Grant programs, whether as partial or temporary beneficiaries, or as employees; 2. Income from employment under a Title I project funded by the Elementary and Secondary Education Act; or 3. Income from employment through the Workforce Innovation & Opportunity Act (WIOA) programs.
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2251.1 Earned Income Computation Methods (08/01/2024, 23-28)
a. Gross earned income must be verified pursuant to rule 2208.3.
b. To determine Reach Up eligibility, all income figures are converted to monthly figures, using a multiplier of 4.3 weeks for income received weekly and a multiplier of 2.15 weeks for income received biweekly. c. Computation of net earned income for each member of the Reach Up household, whose total earned income is not otherwise excluded, takes into consideration applicable deductions in the sequences listed below: 1. The unsubsidized earned income deduction sequence is:
i. Business expenses that are deducted from total self-employment business receipts to establish adjusted gross earned income;
ii. Earned income disregard (rule 2252.3); and
iii. Dependent care expenses allowed as a deduction from earned income (rule 2252.2).
2. The subsidized earned income deduction sequence is:
i. Employment expenses (rule 2252.1); and
ii. Dependent care expenses allowed as a deduction from earned income.
3. The subsidized plus unsubsidized earned income deduction sequence is:
i. If a household member has earnings from both subsidized and unsubsidized employment, the computation follows the sequence in subsection (1) above;
ii. Only the earned income disregard is allowed; and
iii. If less than $90 is deducted from unsubsidized earnings, however, the remainder of the $90 will be deducted from any subsidized earnings.
d. Whenever the sum of these deductions exceeds the gross earned income of the household member, the maximum allowable deduction is the amount of the gross earned income.
e. Child care provided as a support service to Reach Up households does not constitute dependent care expenses and is not an allowable deduction.
2251.2 Business Expenses (08/01/2024, 23-28)
a. Business expenses that are deducted from gross self-employment income to determine adjusted gross earned income, are limited to operating costs necessary to produce earned income and include:
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1. Office or shop rental; 2. Taxes on farm or business property; 3. Employee salaries; 4. Interest on business loans; or 5. Cost of materials, stock, inventory, or livestock for resale required to produce this income. b. Business expenses do not include the following: depreciation, personal business and entertainment expenses, personal transportation costs, purchase of capital equipment, and payment on the principal of loans for capital assets or durable goods.
c. Tax returns and business records are considered appropriate sources of accurate documentation for farm and business income and expenses.
d. The income of a Reach Up household owning or operating a commercial boarding house shall be treated as any other business income.
1. A commercial boarding house is defined as an establishment licensed as a commercial enterprise offering meals and lodging for compensation.
2. In areas without licensing requirements, a commercial boarding house shall be defined as a commercial establishment offering meals and lodging with the intention of making a profit.
e. A difficulty-of-care payment, which is compensation to a foster care provider for the additional care required because the qualified foster individual has a physical, mental, or emotional disability, and which is distinct from payment made for room-and-board, is earned self-employment income. 1. Payment made by a foster care provider for respite care services is an allowable business expense.
f. The expense of furnishing room-and-board for a non-commercial boarding house, alone or as part of custodial care, is an allowable business expense.
1. These expenses shall not exceed the income the Reach Up household receives from the roomer/boarder for room-and-board.
2. If the Reach Up household can document that actual expenses for providing room and board are greater than the standard business expenses allowed, the actual expenses may be allowed as a business expense.
2251.3 Income from Providing Child Care (08/01/2024, 23-28)
a. A standard business expense deduction is provided for the expenses associated with providing meals to children receiving child care in the Reach Up household's home.
b. To receive the standard business expense deduction for the provision of meals the Reach Up household must report:
1. The number of children receiving meals;
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2. The number of days on which meals were provided; and
3. The type of meals provided.
c. The standard business expense deduction for child care meals shall be used unless the Reach Up household requests a higher business expense deduction and fully documents expenses that substantiate costs exceeding the standard deduction.
d. Reach Up households that include providers of child care are also entitled to a business expense deduction for non-meal related expenses incurred in the course of providing child care as a form of self- employment. 1. All non-meal related expenses must be determined on a case-by-case basis and must be fully documented by the Reach Up household.
2. These non-meal related expenses may include: i. A portion of rent;
ii. A portion of the interest on mortgage payments;
iii. Non-cooking related utility expenses;
iv. Cost of toys; and
v. Purchase of non-meal related supplies.
e. Reach Up households may only receive the standard business expense deduction for one of the following expenses: 1. Meals and an individually determined deduction for non-meal related business expenses; 2. Individually determined business expense deductions for both meal related expenses and non-meal related expenses; 3. Only a deduction for meals; or 4. Only a deduction for non-meal related expenses. 2252 Earned Income Deductions and Disregards (08/01/2024, 23-28)
a. The Department shall allow certain deductions from a participant's earned income to cover employment expenses (rules 2252.1 – 2252.2) or provide an incentive disregard for employed participants (rule 2252.3). b. Total deductions and disregards shall not exceed the amount of a participant's earned income.
2252.1 Employment Expenses (08/01/2024, 23-28)
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a. The standard employment expense deduction of $90 is used in place of the amount of actual expenses for:
1. Taxes;
2. Insurance;
3. Retirement;
4. Union dues and fees; and
5. Other reasonable employment expenses.
b. Only one standard employment expense deduction is allowed per participant with earned income. c. This deduction shall be applied to the following: 1. Subsidized earned income in determining continuing eligibility; and 2. Earned income of a participant whose needs are not included in the Reach Up household, but whose income and resources are counted.
d. The Department shall not simultaneously apply both the standard employment expense deduction and the earned income disregard to the earned income of any participant.
2252.2 Dependent Care Expenses (08/01/2024, 23-28)
a. A deduction from the earned income of a Reach Up household member is allowed to cover the cost of care for a household member, who is a disabled or seriously ill adult, when all the following conditions are met: 1. The care is necessary to allow the Reach Up parent/caretaker to accept or retain employment, and the hours of care are reasonably related to the parent's/caretaker's employment; 2. The care is not provided by a member of the same Reach Up household or by the disabled or seriously ill adult's spouse; 3. The disabled or seriously ill adult's spouse is unavailable or unable to provide the necessary care; 4. The provider of care is at least 16 years old; and 5. The Reach Up household member claiming the deduction has provided a statement signed by the provider of care about the hours and cost of care.
b. A deduction from the earned income of a Reach Up household member is allowed to cover dependent care payments for a child, who is not a member of the Reach Up household, but for whom a Reach Up parent/caretaker is legally liable and the following requirements are met:
1. The child and the child care facility must meet the requirements in Reach Up Services rules 2309- 2309.3; and
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2. The provider of care must be at least 18 years of age, or at least 16 years of age if the provider has a high school diploma, GED, or attends secondary school full-time.
c. Paid expenses converted to a monthly amount shall be deducted up to a maximum of $175 per month.
1. If a participant's dependent care expenses are below this maximum, transportation to and from the dependent care facility may be deducted as part of the expense, up to the maximum of $175 per month.
d. Payments for dependent care provided by a Reach Up household member, another legally liable relative, or a legal guardian do not qualify as necessary dependent care expenses under this rule.
2252.3 Earned Income Disregard (08/01/2024, 23-28)
a. The Department shall disregard the first $350.00 per month of the total unsubsidized or subsidized earned income of each eligible Reach Up household member plus 25 percent of the balance remaining.
b. The earned income disregard includes a standard allowance used in place of the amount of actual expenses for: 1. Taxes;
2. Insurance;
3. Retirement;
4. Union dues and fees; and
5. Other reasonable employment expenses.
2253 Excluded Income (08/01/2024, 23-28) a. Excluded income is defined as income that is not included in the Reach Up household’s earned or unearned income, which includes the following: 1. Retroactive corrective payments, that resulted from a Department underpayment, in the month received (rule 2218); 2. Home produce used by the household for its own consumption; 3. Any income received by a recipient of SSI/AABD, which includes disabled individuals with effective 1619 (b) status by the Social Security Administration received SSI/AABD and gainfully employment, who is living in the Reach Up household; 4. All income to an undergraduate student, including both a parent and a child in the Reach Up household, from student grants, loans, or work/study if: i. Such loans or grants are made under a program administered or insured by the U. S. Commissioner of Education, including Basic Educational Opportunity Grants;
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ii. The sponsor of the grant or loan precludes its use for maintenance purposes, including Vermont Student Assistance Corporation, Senatorial Scholarships, or Supplemental Educational Opportunity Grants (SEOG); or iii. The work/study program is administered by a college or university recognized by educational authorities in which the undergraduate student is enrolled half time or more than half time, as defined by the school, including College Work-Study Programs (CWSP); 5. Bona fide loans regardless of purpose shall not be considered income or a resource available to the household; i. A loan shall be considered bona fide if it is from an establishment or individual that is in the business of making loans and is evidenced by a written agreement to repay the money within a specified period; ii. If the loan is obtained from an establishment or individual not normally engaged in the business of making loans, evidence that the loan is bona fide would be provided by a written agreement between the parties to the loan that specifies a timetable or plan for repayment; iii. A loan is considered bona fide even if it is repaid without interest or was obtained without being secured with collateral; 6. That portion of any Veterans Administration Educational Assistance Program payment for the student that is used for the following types of payments including: A. Tuition; B. Books; C. Fees; or D. Child care services necessary for enrollment; 7. Student financial assistance provided under Title IV of the Higher Education Act or Bureau of Indian Affairs Student Assistance programs, including the following: i. Pell Grants; ii. Supplemental Educational Opportunity Grants (SEOG); iii. State Student Incentive Grants (SSIG); iv. College Work Study (CWSP); v. Perkins Loans (formerly National Direct Student Loans), which do not include the Carl D. Perkins Vocational and Applied Technology Education Act outlined below; or vi. Guaranteed Student Loans (GSLP), including PLUS loans and Supplemental Loans for students; 8. Student financial assistance provided under the Carl D. Perkins Vocational and Applied Technology Education Act is disregarded as income or resources when the assistance is made available to meet attendance costs, which include: i. Tuition and fees normally assessed a student carrying the same academic workload as the applicant/participant, as determined by the institution, including costs for rental or purchase
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of any equipment, materials, or supplies required of all students in the same course of study; and ii. An allowance for books, supplies, transportation, dependent care, and miscellaneous personal expenses for a student attending the institution on at least a half-time basis, as determined by the institution;
9. Reimbursements for expenses associated with participation in unpaid voluntary activities, including:
i. Child or dependent care;
ii. Transportation;
iii. Purchase or maintenance of clothing;
iv. Meals; or
v. The value of meals; 10. Assistance from other sources to meet needs not covered by the Reach Up benefit, for example: i. Assistance granted for a specific purpose, such as vocational rehabilitation, poverty reduction, or housing, including incentive allowances, stipends, and other forms of financial assistance paid to an active Reach Up participant; ii. Assistance for items and/or services not included in the standard assistance plan or medical assistance, such as special training for a child through a private agency, eyeglasses, or dental care; or iii. General Assistance benefits;
11. Payments made by a Reach Up household member toward the support of a person(s) outside the Reach Up household pursuant to a court order for:
i. Support;
ii. An Administrative Order for support issued by the Human Services Board; or
iii. A contract between the Office of Child Support and a noncustodial parent that requires the payment of child support.
A. To determine the amount of excluded income deduct the payment amount from the Reach Up household’s countable earned income with any remaining balance deducted from their unearned income;
12. Adoption assistance, when verified by the Family Services Division (FSD) or a comparable agency in another state;
13. The value of 3SquaresVT benefits;
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14. The value of the U. S. Department of Agriculture donated foods, which include surplus commodities;
15. Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
16. Earned income of an eligible child if the child is a full- or part-time student;
i. A student is a person who is enrolled in a school, college, university, or a course of vocational or technical training designed for gainful employment;
ii. The income 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;
17. Court ordered cash contributions for medical support paid by a noncustodial parent;
18. Payments for support services and/or reimbursement for out-of-pocket expenses made to:
i. Individual volunteers serving as foster grandparents, senior health aides, or senior companions; or
ii. Persons serving in the Service Corps of Retired Executives, Active Corps of Executives, and any other program under Titles II and III pursuant to Section 418 of P. L. 93-133;
19. Payments to individual volunteers under:
i. Title I of P. L. 93-133 Section 404(g);
ii. University Year For Action of P. L. 93-113 and PL 96-143; or
iii. Section 9 (VISTA), unless determined by the Director of ACTION to be equivalent to or greater than the federal or state minimum wage;
20. Payments made under the Alaska Native Claims Settlement Act of l971, as amended;
21. Payments distributed per capita to or held in trust for members of any Indian Tribe under P. L. 92-254, P. L. 93-134, or P. L. 94-540;
22. Payments received for the care of foster children in the custody of and placed by the Family Services Division;
23. The room-and-board portion of income received by developmental home providers furnishing qualified foster care to individuals placed by the Department of Developmental and Mental Health Services (DDMHS) or by a developmental or mental health services agency under contract with DDMHS. (rule 2252.2);
24. Reach Up support services, either as reimbursements or advance payments to the individual for child care, transportation, work-related expenses, work-related supportive services, education, or training-
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related supportive services;
i. Payments or reimbursements for child care expenses provided under Child Care Assistance for non-participants in Reach Up are also excluded as income in determining eligibility for or the benefit amount in Reach Up;
25. Any benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended;
26. The value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended, and the Special Food Service Program for children under the National School Lunch Act, as amended (P. L. 92- 433 and P. L. 93- l50); 27. Income distributed to members of certain Indian tribes referred to in Section 5 of P. L. 94-ll4 effective October l7, l975; 28. Any income received from an emergency fuel supplement or energy allowance to assist with the cost of heating; 29. The first $100 of child support paid on behalf of a child who is a member of the Reach Up household within each calendar month; i. When more than one noncustodial parent makes child support payments on behalf of a single Reach Up household in the same calendar month, the maximum amount of child support to be disregarded in determining the household’s eligibility is $100; 30. Any amount of child support paid on behalf of a child who is not a member of the Reach Up household; 31. Vermont and Federal Earned Income Tax Credits (EITC), whether received with each paycheck or as a refund, including lump sum; 32. Vermont and Federal Child Tax Credits; 33. Payments made pursuant to the Radiation Exposure Compensation Act (Public Law 101- 426); 34. Payments made under Indian Trust Funds Acts (Public Laws 97-458 and 98-64) and initial purchases made with such funds by the original recipient of the funds; 35. Up to $2,000 annual income received from the lease or other uses of the individually-owned trust or restricted lands under the Indian Tribal Judgment Funds Use or Distribution Act, as amended; 36. Payments made pursuant to the Maine Indian Claims Settlement Act of 1980 to a member of the Passamaquoddy Indian Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians; 37. Payments made to a member of the Aroostook Band of Micmacs pursuant to the Aroostook Band of Micmacs Settlement Act;
38. Financial assistance paid through the Disaster Mitigation Act of 2000, as amended, as major disaster and emergency assistance, including additional relief provided by States, local governments and disaster assistance organizations; i. This disaster coverage is intended to provide relief to people living or working in an area severely struck by natural or man-made disaster;
State of Vermont Agency of Human Services Department for Children and Families Economic Services Division Reach Up Eligibility Rules 2200
INTERPRETIVE MEMO Reach Up Eligibility Rule Interpretation This memo remains effective statewide until it is specifically superseded - either by a subsequent memo or by a contradictory rule with a later date. Please file in your manual facing the page indicated below. Facing page 2248.1(e), 2254.1 Effective date of this memo 7/1/2026 Page 1of 1 This memo is new. Act 136 of 2026 amended 33 V.S.A. § 1103(c) to eliminate the asset test. Effective July 1, 2026, the Reach Up program will no longer evaluate resources to determine eligibility. Lump sum payments, except for payments resulting from the conversion of a Reach Up participant’s real or personal property into a liquid asset, will continue to be considered in accordance with rule 2248.1. Payments resulting from the conversion of a Reach Up participant’s real or personal property into a liquid asset will be disregarded as resources.
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ii. The disaster must have been so severe as to cause the President to designate a Federal Disaster Zone; and 39. German reparations to concentration camp survivors, slave laborers, partisans, and other victims of the Holocaust, including settlement payments to victims of Nazi persecution or their legal heirs resulting from the confiscation of assets during World War II.
2254 Resources (08/01/2024, 23-28)
a. Resources are defined as any assets, other than income, that a Reach Up household has available to meet the household’s needs.
b. Such assets generally take the form of real or personal property the household owns individually or jointly.
c. The Department shall evaluate the total equity value of all resources, except items specifically excluded, to establish their combined value for comparison with the resource limitation outlined below. d. When a member of the Reach Up household and one or more persons, who are not members of the same household, own resources jointly, the Department shall consider at least a pro rata share of the resources available to the household unless they can demonstrate that such resources are inaccessible. 1. When the Reach Up household can demonstrate that it has access to only a portion of the resource, the value of that portion shall count toward the household’s resource limitation.
2. The resource shall be considered totally inaccessible to the Reach Up household if the resource cannot practically be subdivided and the household’s access to the value of the resource is dependent upon the agreement of the joint owner.
e. While receiving Reach Up benefits (including periods with zero benefits), the Department shall treat any liquid asset received by a Reach Up household, not otherwise excluded, as lump sum income (rule 2248.1).
f. The Department shall disregard from the combined resources limitation any portion of a liquid asset that the Reach Up household has set aside for currently incurred unpaid expenses included in their basic needs and housing allowance (rule 2244).
g. The Department shall disregard from the combined resource limitation an amount equal to the Reach Up household’s monthly income, if it is established that this income will be used to meet current monthly expenses.
h. When feasible, future and potential sources of resources shall be identified and developed (rule 2258).
1. Reach Up benefits, in the amount needed based on currently available resources, shall continue until such potential resources become available, at which time appropriate budgetary adjustment shall be completed. 2254.1 Combined Resources Limitation (08/01/2024, 23-28)
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a. The maximum combined allowable resources, including both liquid and non-liquid assets, of all members of the Reach Up household shall not exceed $9000.
1. The resources of an ineligible household member on strike are counted as specified in rule 2233.1.
2. The resources of an ineligible household member convicted of having made a fraudulent statement or representation with respect to their place of residence to receive assistance simultaneously from two or more states are counted as specified in rule 2233.2.
3. The resources of an ineligible fugitive felon or probation or parole violator are counted as specified in rule 2233.3.
4. The resources of a parent, who is ineligible for Reach Up benefits due to immigration status, count toward the Reach Up household’s combined resources limitation.
5. The resources of the spouse or civil union partner of a pregnant person with no children count toward the Reach Up household’s combined resources limitation, if they live together. b. The total equity value of all real and personal property, except excluded items, may not exceed $9000.
2254.2 Transfer of Property Prohibited (08/01/2024, 23-28)
a. Any Reach Up household member, who has voluntarily assigned or transferred non-excluded real or personal property for the purpose of qualifying for Reach Up benefits or for a larger amount than they would otherwise be entitled, is disqualified from receiving Reach Up benefits for a period of two years from the date of the assignment or transfer.
b. Property transfers that occurred more than two years before the date of application for Reach Up benefits shall not affect eligibility. c. Property transfers that occurred less than two years before the date of application for Reach Up benefits shall not disqualify the Reach Up household if:
1. The transfer was not made solely to qualify for Reach Up benefits; 2. Fair market value was received, and remaining proceeds are within resource limitations; and 3. The transfer was to a legally liable relative, who spent the equity on the household member's behalf, for any of the following: i. Medical care; ii. Funeral expenses of a deceased spouse; iii. Mortgage payments; iv. Property taxes or insurance; v. Cost of maintaining the household member's home; or
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vi. Cost of the household member's living expenses in the relative's home.
d. When a Reach Up household member could not initially establish eligibility due to a prohibited property transfer, they may avoid disqualification by having the property reconveyed to them for consideration as an available resource.
2254.3 Property Sales (08/01/2024, 23-28)
a. An excluded resource that is converted to a liquid asset is subject to the lump sum income rule 2248.1 when:
1. There is a lump sum settlement from a real or personal property sale; and
2. The property is owned by a Reach Up household member receiving Reach Up benefits.
i. Rule 2248.1 does not apply if the property was acquired before the Reach Up household member began receiving Reach Up benefits.
b. The Reach Up household shall be permitted to retain the net proceeds from the sale of real property occupied as their permanent home for a period not to exceed 90 days, provided that: 1. Net proceeds are held in a trust; 2. The plan is to use these proceeds for purchase or construction of another home; and i. The purchased home shall be occupied within 60 days from the date of agreement to purchase; or ii. The constructed home shall be completed and occupied within twelve months from the date of agreement to construct. c. Payments to the Reach Up household under an installment contract on any real or personal property is treated as income and the balance of equity remaining from the mortgage is not considered a resource.
1. The household retains the option of selling the mortgage or accepting a lump sum settlement (rule 2248.1).
2254.4 Excess Resources (08/01/2024, 23-28)
a. Any resources in excess of the combined resources limitation and not treated as a lump sum (rule 2248.1) shall be considered available to the Reach Up household.
b. A Reach Up household shall become ineligible for benefits until such excess resources are exhausted. c. If the excess resources are equal to or exceed the Reach Up household's benefit amount, the household is ineligible for a period of 30 days or until resources fall below the combined resources limitation, whichever timeframe is longer.
2255 Real Property (08/01/2024, 23-28)
a. Real property is defined for purposes of Reach Up eligibility as fixed property, including land, buildings,
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and mobile homes.
b. Real property owned, used, and occupied as a home by the Reach Up household shall be excluded from combined resources limitation.
c. The value of the Reach Up household's equity in real property that is owned but is not being occupied as a home by the household, may be excluded from the combined resources limitation for a period of up to 6 months provided the household is making a good faith effort to sell the property.
1. A good faith effort to sell means:
i. The property is listed with a reputable real estate agent or publicly advertised in a general newspaper, magazine, or online publication no less than weekly;
ii. The household is cooperating in marketing the property; and
iii. The household accepts reasonable purchase offers.
2. Reach Up benefits paid during this home sale period shall be considered an overpayment.
3. The household must agree that the proceeds of the sale shall be used to repay the Reach Up benefits received during this home sale period.
i. Any balance of the home sale proceeds shall be counted as a resource.
d. If at the end of six months the property has not sold, and the Reach Up household continues to demonstrate a good faith effort to sell, the equity may be excluded from resources for a further period of 3 months with the approval of the Department.
1. The equity must be considered a resource if the property is still unsold at the end of this additional three-month period.
e. When a Reach Up household is temporarily living at a location other than property owned, and that property was previously used and occupied as their home, this temporarily uninhabitable property will be excluded from combined resources limitation. (rule 2247).
1. When the home is uninhabitable for more than six months, exemption of the property as a home must be re-evaluated.
2256 Personal Property (08/01/2024, 23-28)
a. Personal property includes all liquid or non-liquid assets, other than real property.
b. The Reach Up household may agree to convert payments being received as income on notes and mortgages under an installment contract to liquid assets.
c. If payments are not being made on an installment contract and steps are not being initiated to foreclose, the entire equity remaining in a mortgage shall be considered a resource.
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1. If such resource exceeds the combined resources limitation, the Reach Up benefits will end.
2256.1 Liquid Assets (08/01/2024, 23-28)
a. Liquid assets are defined as cash, or assets that can readily be converted to cash and include:
1. Interest on savings accounts only at time of initial Reach Up application and at each recertification;
2. Stocks, bonds, and other securities shall be evaluated at the current market or redemption value; and
3. The principal due on outstanding notes and/or mortgages payable to a Reach Up household member.
b. Loans, grants and scholarships obtained and used, regardless of source, for a specific purpose that precludes their use for current living costs, shall be excluded as a liquid asset (rule 2257).
c. In those cases where resources are close to the combined resources limitation, verification of accrued interest shall be required. 2256.2 Trust Funds /Trust Accounts (08/01/2024, 23-28)
a. Evaluation of trust funds/trust accounts as a countable resource shall consider the terms of the trust.
b. The value of the trust fund/trust account principal that can be made immediately available to a Reach Up household member shall be considered a countable resource.
c. Unless prohibited by terms of the trust fund/trust account, accrued interest shall be considered as income in the month received and a resource thereafter.
d. The value of the trust fund/trust account principal that cannot be made immediately available shall be excluded as a countable resource.
e. Any special provisions for use of the trust fund/trust account principal shall be evaluated as a future or potential resource, including the recoupment of an overpayment.
2256.3 Burial Plots - Funeral Agreements (08/01/2024, 23-28)
a. One burial plot for each Reach Up household member may be excluded as a resource.
b. One funeral agreement per member may also be excluded, provided the equity value of the agreement does not exceed $1500.
2256.4 Annuities (08/01/2024, 23-28)
a. Annuities must be included as a Reach Up household resource unless the household can demonstrate that these funds are not and cannot be made available to them.
b. In counting resources of households with annuities, the total cash value must be counted minus the
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amount of penalty, if any, for early withdrawal.
2256.5 Vehicles (08/01/2024, 23-28)
a. A vehicle is defined as a passenger car, truck or jeep, motorcycle, camper, van, snowmobile or boat that is operable or stored on blocks and includes all major operating parts.
b. A non-operable vehicle minus operating parts is considered junk and thus does not come within the definition of a vehicle.
1. However, the salvage value of a junked vehicle may represent a substantial resource requiring individual evaluation.
2. The vehicle's equity value equals the vehicle's fair market value minus the debt owed on the vehicle.
3. In situations where the Reach Up household disagrees with the determined equity value of the vehicle being considered, a written appraisal of the value submitted by a licensed dealer will be accepted. c. The equity value of one operable motor vehicle for each adult and each child of driving age in the Reach Up household, who needs a vehicle to attend school or work, is excluded as a resource.
1. In situations where the household owns additional vehicles, they shall identify each vehicle to be excluded.
2. The equity value of all remaining vehicles owned by the household, unless otherwise excluded, must be counted towards the combined resources limitation.
d. If a vehicle excluded under this provision is sold and then replaced within 30 days of the date of the sale with another vehicle, the proceeds from the sale will be disregarded as a resource during this 30-day period.
2256.6 Income-Producing Property (08/01/2024, 23-28)
a. Income-producing property is personal property used as a means of livelihood and is excluded from the combined resources limitation (rule 2254.1).
b. Income-producing property usually exists in quantities beyond the customary needs of normal living and is used by members of a Reach Up household to produce income for support of the household, including:
1. Vehicles;
2. Tools;
3. Livestock;
4. Equipment;
5. Machinery; and
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6. Similar goods owned.
c. Income-producing property may be owned by an unemployed Reach Up household member, who can reasonably be expected to return to work.
1. If there is no expectation that the unemployed Reach Up household member will return to work in that particular field, then the personal property shall be considered a resource.
2257 Excluded Resources (08/01/2024, 23-28) a. The following items are excluded resources: 1. Retroactive corrective payments that resulted from a Department underpayment in the month following receipt of the Reach Up benefit (rule 2218); 2. Real property owned, used and occupied as a home by applicant/participant or the spouse of an applicant/participant; 3. Equity value in real property owned, but not occupied as a home, by an applicant/participant for a certain period of time when a good faith effort is being made to sell (rule 2255); 4. Basic items essential to daily living such as clothes, furniture and other similarly essential items of limited value; 5. Personal property used to produce income (rule 2256.6); 6. The value of 3SquaresVT benefits; 7. The value of the U. S. Department of Agriculture donated foods or surplus commodities; 8. Any resources held by a recipient of SSI/AABD; 9. Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; 10. Bona fide loans (rule 2201), excluding loans to undergraduate students for educational purposes, shall not be considered to be income or a resource available to the household; 11. Grants, loans or work/study to any undergraduate student for educational purposes that are: i. Made or insured under any program administered by the Commissioner of Education; ii. The sponsor of such grant or loan precludes the use of such funds for maintenance purposes; or iii. The work/study program is administered by the college or university in which the undergraduate student is enrolled. 12. One burial plot for each Reach Up household member and one funeral agreement per member (rule 2256.3); 13. Any amount of renters’ or property tax rebate excluded from income under rule 2248.1 and set aside for the purpose of using it to pay rent or property taxes due within 12 months of the Reach Up household’s receipt of such rebate; 14. Payments to persons of Japanese or Aleut ancestry as restitution for injustices suffered during the
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Second World War; 15. Vermont and Federal earned income tax credits (EITC), whether received with each paycheck or as a refund following the end of the tax year, are excluded for a period of 12 months from receipt. 16. Vermont and Federal Child Tax Credits are excluded for a period of 12 months from receipt; 17. Payments made from the Agent Orange Settlement Fund or any other fund established because of the Agent Orange product liability litigation, retroactive to January 1, 1989; 18. The value of assets accumulated from the subsidized or unsubsidized earnings of adults and children in participating Reach Up households is excluded for the purposes of determining continued eligibility; i. Interest earned on excluded assets is also excluded. ii. Nonliquid assets, purchased with savings from earnings or with a combination of savings from earnings and other excluded income or resources, such as SSI/AABD retroactive benefits or federal earned income tax credit lump sum income, are excluded. iii. Liquid assets excluded under this policy must be kept in a separate bank account from other liquid assets, unless to do so would create a hardship. A. A hardship exists when there is no bank within a reasonable distance from the earner’s residence or place of work that allows a bank account without charging fees. iv. If a Reach Up household reapplies for benefits after benefits are terminated, assets accumulated during the time the household was not participating in Reach Up are excluded, provided that all other criteria specified for exclusion are met. 19. Payments made pursuant to the Radiation Exposure Compensation Act (Public Law 101-426); 20. Payments made under Indian Trust Funds Acts (Public Laws 97-458 and 98-64) and initial purchases made with such funds by the original recipient of the funds;
21. Interest held in a trust or in restricted lands under the Indian Tribal Judgment Funds Use or Distribution Act, as amended; 22. Distributions made under the Alaska Native Claims Settlement Act of 1971 (as amended) as follows: i. Cash, including cash dividends on stock received from a Native Corporation to the extent that it does not, in the aggregate, exceed $2000 per individual per calendar year; ii. Stock, including stock issued or distributed by a Native Corporation as a dividend or distribution on stock; iii. A partnership interest; iv. Land or an interest in land, including those received from a Native Corporation as a dividend or distribution on stock; or v. An interest in a settlement trust. 23. Payments made pursuant to the Maine Indian Claims Settlement Act of 1980 to a member of the Passamaquoddy Indian Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians; 24. Payments made to a member of the Aroostook Band of Micmacs pursuant to the Aroostook Band of
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Micmacs Settlement Act; 25. Student financial assistance provided under the Carl D. Perkins Vocational and Applied Technology Education Act is disregarded as resources when the assistance is made available to meet attendance costs, which include: i. Tuition and fees normally assessed a student carrying the same academic workload as the applicant/participant, as determined by the institution, including costs for rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; and ii. An allowance for books, supplies, transportation, dependent care and miscellaneous personal expenses for a student attending the institution on at least a half-time basis, as determined by the institution.
26. Student financial assistance provided under Title IV of the Higher Education Act or Bureau of Indian Affairs Student Assistance programs, including the following. i. Pell Grants; ii. Supplemental Educational Opportunity Grants (SEOG); iii. State Student Incentive Grants (SSIG); iv. College Work Study (CWSP); v. Perkins Loans (formerly National Direct Student Loans), which do not include the Carl D. Perkins Vocational and Applied Technology Education Act outlined below; or vi. Guaranteed Student Loans (GSLP), including PLUS loans and Supplemental Loans for students.
27. Financial assistance paid through the Disaster Mitigation Act of 2000, as amended, as major disaster and emergency assistance, including additional relief provided by States, local governments and disaster assistance organizations; i. This disaster coverage is intended to provide relief to people living or working in an area severely struck by natural or man-made disaster. ii. The disaster must have been so severe as to cause the President to designate a Federal Disaster Zone. 28. German reparations to concentration camp survivors, slave laborers, partisans, and other victims of the Holocaust; 29. Settlement payments to victims of Nazi persecution or their legal heirs resulting from the confiscation of assets during World War II; 30. Loan and cash value of whole life insurance; 31. Savings from earned income, matching dollar contributions, and accumulated interest deposited in Individual Development Accounts (IDAs) or a matched savings account sponsored by a community organization; 32. Funds in a retirement account, such as an individual retirement arrangement (IRA), a defined
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contribution plan qualified under 26 U.S.C. § 401(k), or any similar account as defined in 26 U.S.C. § 408; and 33. Funds in a qualified child education savings account, such as the Vermont Higher Education Investment Plan, established in 16 V.S.A. § 2877, or any similar plan qualified under 26 U.S.C. § 529.
2258 Potential Income and Resources (08/01/2024, 23-28)
a. Potential sources of income or resources shall be explored to meet current or future needs of the Reach Up household. b. Steps to identify and develop potential income or resources include:
1. Filing an application for unemployment compensation for which the Reach Up household member may be entitled.
2. If a household member potentially eligible for unemployment compensation fails or refuses to apply for unemployment compensation, they shall be ineligible for Reach Up.
2259 Potential Eligibility for Pension and Other Benefit Programs (08/01/2024, 23-28)
a. Entitlement to social security, Supplemental Security Income, railroad retirement, veterans' benefits, or similar benefit programs will be explored with the applicant/participant.
b. Certain criteria may indicate potential or future entitlement of such benefits for these applicants/participants and their legally liable relatives, including:
1. Current age;
2. Physical or mental conditions;
3. Survivor/dependent status of applicants/participants; and
4. Employment and military service history.
c. If any member of a Reach Up household is an elderly or disabled adult, or the child of a deceased or disabled parent, and has not already applied for social security or Supplemental Security Income benefits, the household shall be referred to the nearest social security office to apply for these benefits.
2260 Insurance and Liability Claims (08/01/2024, 23-28)
a. Insurance, in general, provides protection against specific future or unanticipated expense or loss of income.
b. The following types of insurance owned by a Reach Up household member shall be evaluated for immediate or future potential income or resources:
1. Life insurance, as a resource for burial and/or other final expenses of the insured, and as a source of income and/or resources for a surviving beneficiary of the Reach Up household;
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2. Health insurance, as a resource for illness or accident expenses of the Reach Up household; 3. Disability income protection, potentially combined with either life or health insurance, as a resource to meet current needs of the insured and/or legal dependents; or
4. Potential liability of a third-party shall be identified and appropriate claim initiated in cases involving personal injury and/or property damage.
2261 Potential Support from Relatives (08/01/2024, 23-28)
a. The Department emphasizes a support obligation of spouses, or civil union partners, for each other and of parents for their children.
b. Potential sources of support shall be identified during the application/review process from the following legally liable relatives, who are absent from the home for any reason other than death:
1. A parent of a dependent child; and 2. A spouse.
c. When appropriate, parents/caretakers shall be encouraged to take the initiative in securing support from other interested relatives and/or friends.
d. Parents/caretakers shall cooperate with the Department to:
1. Contact relatives, who may be legally liable for child support (rule 2232.1); or
2. Pursue legal action to enforce child support obligations or establish parentage, unless there is good cause for refusal (rule 2232.3).
2261.1 Reporting Child Abandonment to Law Enforcement (08/01/2024, 23-28)
a. 33 VSA §1104 requires immediate notice to the appropriate law enforcement officials when Reach Up benefits are granted due to abandonment of a child by a parent.
b. The applicant/participant must be informed of the Department's legal obligation under 33 VSA §1104 to report the receipt of Reach Up benefits to the appropriate law enforcement official.
1. If the applicant/participant is unwilling to have the report made, they have the choice of withdrawing their request for benefits.
2. Clear communication of this legal requirement, including the possibility that testimony may be required, is required to enable the applicant/participant to make an informed choice. c. Notification is required in all cases of abandonment by a biological, step or adoptive parent, including any married parent.
2262 Notice and Appeal of Reach Up Decisions (08/01/2024, 23-28)
a. Reach Up households have a right to notice (rule 2262.1) and appeal of actions the Department takes on
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their case or required actions the Department fails to take (rule 2262.2).
b. The Department shall provide notice to all Reach Up households of their right to appeal to the Human Services Board for a fair hearing concerning the Department's actions or inactions and shall provide them with notice of their rights and the procedures applicable to such appeals.
2262.1 Notice of Appeal Rights (08/01/2024, 23-28)
a. The Department shall provide all Reach Up households with written notice of their appeal rights at the time of their application and each time they receive notice of any Department adverse action or decision.
1. Department adverse actions are decisions that may deny, modify, or terminate a Reach Up household’s benefits.
b. The written notice shall include:
1. The reasons for the adverse action or decision;
2. How appeals may be initiated;
3. Where a person may obtain a copy of the Human Services Board rules;
4. Where to obtain legal assistance, if needed; and
5. How to obtain interpretation services, if needed.
2262.2 Grounds for Appeal of Reach Up Decision (08/01/2024, 23-28)
a. A Reach Up household that disagrees with the Department may appeal the following actions or inaction by the Department: 1. Denial of their claim for Reach Up benefits or services; 2. Failure to act with reasonable promptness; 3. Actions that affect the household’s receipt of benefits or services, including sanctions; 4. Implementation of Department policy, or lack thereof, that affects the household’s situation; and 5. Required provisions included in the FDP. b. Appeals related to Reach Up Services decisions are covered in Reach Up Services rule 2331.
2262.3 Appeal of Reach Up Decision (08/01/2024, 23-28)
a. A request for a fair hearing on a Reach Up household’s appeal of a Department decision must be made within 90 days of the mailing date of the notice of decision.
b. Except where indicated below, benefits continue without change if a household requests a fair hearing before the effective date of the decision and wishes to have benefits continue during the appeal process.
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1. A household may request that the adverse action be implemented pending the outcome of the fair hearing.
c. If the effective date of the decision is on a weekend or a holiday, a household has until the end of the first working day immediately following the effective date of the decision to appeal the decision and receive continuing benefits.
d. If benefits continue at the same level and the Human Services Board decision is favorable to the Department, then any overpayment received by a household pending the fair hearing will be subject to recoupment (rule 2219).
e. If a household requests that benefits not be continued at the present level, and the Human Services Board decision is favorable to the household, the Department must retroactively pay any underpayments to the household.
f. If a household withdraws from the fair hearing process prior to the fair hearing, the Department will seek recoupment of any overpayment received by the household because of the fair hearing request. g. Benefits do not continue without change in the following circumstances:
1. The sole issue is one of state or federal law or policy, or change in state or federal law; 2. The household requests not to receive continued benefits pending the fair hearing; 3. An unrelated change affecting the benefits occurs while the fair hearing decision is pending, the change is processed, and the household does not request a fair hearing after notice of that change; or 4. The request for a fair hearing is made within the 90-day appeal period but not within the period that allows benefits to continue pending appeal. h. See rule 2262.4 related to continuation of benefits during a pending fair hearing related to protective payments.
2262.4 Appeal of Protective Payment Decision (08/01/2024, 23-28)
a. If a protective payment plan is used, the parent/caretaker may appeal to the Human Services Board for a fair hearing concerning the following protective payment decisions: 1. Determination that protective payment should be made or continued; or 2. The selection of the protective payee.
b. Protective payments shall continue pending the decision of the Human Service Board on the appeal request, even if a request for a fair hearing is made before the decision goes into effect, in the following cases:
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1. Difficulty with money management results in budget assistance through a protective payment plan due to nonpayment of rent as determined under rule 2220.1(b)(1); or
2. Where housing costs have been vendored due to the parent’s/caretaker’s temporary absence under rule 2220.
c. Protective payments shall not continue pending the Human Service Board decision if a parent/caretaker requests an appeal before the decision goes into effect in the following cases:
1. Where the health and safety of the child is jeopardized by the inability of the parent/caretaker to meet basic financial obligations on a regular basis under rule 2220.1(b)(2); or 2. Where housing costs have been vendored because of a sanction for failure to meet Reach Up participant requirements under rule 2220.
2263 Severability (08/01/2024, 23-28)
a. If any part of these Rules is held invalid by a court of competent jurisdiction, the invalidity shall not be construed to render the remaining parts of the Rules invalid.
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Table of Contents
2300 Reach Up Services .............................................................................................................. 4 2301 Definitions ........................................................................................................................... 4 2302 Case Management ............................................................................................................... 6 2302.1 Caseload Size .................................................................................................................. 6 2302.2 Assessment ...................................................................................................................... 6 2303 Support Services .................................................................................................................. 7 2304 Determination of Support Services ...................................................................................... 7 2305 Support Services Providers .................................................................................................. 7 2306 Payment for Support Services ............................................................................................. 8 2306.1 Payment by Other Programs ............................................................................................ 8 2306.2 Payment by Department for Children and Families ........................................................ 8 2307 Types of Support Services ................................................................................................... 8 2308 Criteria for Purchase of Support Services............................................................................ 9 2309 Child Care Assistance ....................................................................................................... 10 2309.1 Child Care Assistance Eligibility Criteria ..................................................................... 11 2309.2 Child Care Assistance Authorizations ........................................................................... 12 2309.3 Child Care Assistance Payment Rate ............................................................................ 12 2310 Incentive Payments ............................................................................................................ 12 2310.1 Payment of Incentives ................................................................................................... 12 2311 Reach Up Participant Requirements .................................................................................. 13 2312 Notification of Requirements ............................................................................................ 13 2313 Family Development Plans ................................................................................................ 14 2314 Participant Goals in the FDP ............................................................................................. 14 2315 Creation of the FDP ........................................................................................................... 15 2316 FDP Reviews and Modifications ....................................................................................... 15 2317 FDP Requirements ............................................................................................................ 16 2318 Two‐Adult Household Requirements ................................................................................ 17 2319 Minor Parent Requirements ............................................................................................... 17 2319.1 Approved Living Arrangement...................................................................................... 17 2319.2 Unavailability of Approved Living Arrangement .......................................................... 18
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2319.3 Residence in Unapproved Living Arrangement ............................................................. 18 2320 Out‐of‐School Youth ......................................................................................................... 19 2321 Work Activity Displacement Policy .................................................................................. 19 2322 Fair Labor Standards Act ................................................................................................... 20 2323 Deferment of Reach Up Participant Requirements ............................................................ 20 2323.1 Domestic Violence Deferment ...................................................................................... 21 2323.2 Medical Deferment ........................................................................................................ 21 2323.3 Needed‐in‐the‐Home Deferment ................................................................................... 22 2324 Types of Non‐Engagement ................................................................................................ 22 2324.1 De Facto Refusal ........................................................................................................... 22 2324.2 Overt Refusal ................................................................................................................. 23 2325 Determination of Good Cause ........................................................................................... 23 2326 Good Cause Criteria .......................................................................................................... 23 2326.1 Job‐Related Good Cause ............................................................................................... 24 2326.2 FDP‐Related Good Cause.............................................................................................. 25 2326.3 Absence of Appropriate Child Care ............................................................................... 26 2327 Conciliation ....................................................................................................................... 26 2327.1 Conciliation Process ...................................................................................................... 26 2327.2 Conciliation Resolution Period ...................................................................................... 27 2327.3 Successful Conciliation Resolution ................................................................................... 27 2327.4 Unsuccessful Conciliation Resolution ............................................................................... 28 2328 Sanctions for Non‐Engagement ......................................................................................... 28 2328.1 Independent Review and Notice .................................................................................... 28 2328.2 Required Sanctions Meeting .......................................................................................... 29 2328.3 Sanction Amounts ......................................................................................................... 29 2328.4 Housing Protection Limitation ...................................................................................... 30 2328.5 Vendor Payment of Housing Costs ................................................................................ 30 2329 Curing Sanctions ............................................................................................................... 31 2329.1 Notice to Cure Sanctions ............................................................................................... 31 2329.2 Process to Cure Sanctions ............................................................................................. 31 2330 Forgiveness of Past Sanctions ........................................................................................... 32 2331 Notice and Appeal of Reach Up Services Decisions ......................................................... 32
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2331.1 Notice of Appeal Rights ................................................................................................ 32 2331.2 Grounds for Appeal of Reach Up Services Decision .................................................... 32 2331.3 Appeal of Reach Up Services Decision ......................................................................... 33 2332 Reach Up Funding Sources ............................................................................................... 34 2332.1 TANF Exemption from 60‐Month Limit ...................................................................... 35 2333 Solely State‐Funded Programs .......................................................................................... 35 2333.1 Young Child Deferment Component ............................................................................. 36 2333.2 Sanctioned Minor Parent Component ............................................................................ 36 2333.3 Additional Support Component ..................................................................................... 36 2334 Solely State‐Funded Assignment Rules ............................................................................. 36 2335 Separate State Programs .................................................................................................... 37 2336 Child Support Distribution of SSF and SSP Households .................................................. 37 2337 Severability ........................................................................................................................ 37
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2300 Reach Up Services (08/01/2024, 23-30)
a. In combination with Reach Up financial assistance, the Reach Up Services program supports each participant pursuant to the Reach Up mission of overcoming obstacles, exploring opportunities, improving finances and reaching their goals.
b. The Reach Up Services program provides: 1. Case management services; 2. Coaching services;
3. Support services; and 4. Referrals.
2301 Definitions (08/01/2024, 23-30)
a. The following definitions apply to the terms used in the rules for the Reach Up Services program.
1. “Able‐to‐work” means to be free of any physical, emotional, or mental condition that would prevent the participant from engaging in any allowable and countable combination of work activities for at least 35 hours per week.
2. "Adult relative" means an adult individual, who is related to the minor parent. 3. "Approved living arrangement" means a minor parent living in the following settings: i. With a parent or adult relative, who provides supervision in a setting that includes, at a minimum, the following: A. Safe and adequate shelter; B. The opportunity and encouragement for the minor parent to learn independent living and parenting skills through experience; C. Strong support to help the minor parent meet the goals of the Reach Up family development plan (FDP); and
D. The minor parent considers the parental home acceptable; or ii. Group homes for pregnant and parenting teenagers, licensed foster homes, and ESD‐ approved transitional housing with an adult residing in one of the living units. 4. “Assessment” means: i. The Department's information‐gathering process that identifies a participant's skills, aptitudes, interests, life and work experience and obstacles; and ii. The determination of how these factors relate to the participant's goals and their ability to work.
5. “Case management” means the services provided by or through the Department to Reach Up households, including assessment, information, referrals, and assistance in the development of participant goals and implementation of a FDP.
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6. “Coaching” means the participant and case manager work together to set goals for family wellbeing and economic mobility.
7. “Obstacle” shall have the same meaning as “barrier” under 33 V.S.A. § 1101(5) and include:
i. Any physical, emotional, or mental condition;
ii. Any lack of an educational, vocational, or other skill or ability;
iii. Any lack of transportation, child care, housing, medical assistance, or other services or resources;
iv. Domestic violence circumstances;
v. Caretaker responsibilities; or
vi. Other conditions or circumstances that prevent a participant from engaging in employment or other work activity.
8. "Subsidized employment” means full or part‐time employment in the public or private sector that is subsidized by TANF or any other public program.
9. “Unsubsidized employment” means full‐or part‐time employment in the public or private sector that is not subsidized by TANF or any other public program.
i. Self‐employment is a type of unsubsidized employment.
A. Self‐employment is working for oneself in a job that results in net income to the participant, after business expenses.
10. “Work‐eligible adult” means a parent or caretaker in the Reach Up household unless the parent or caretaker is:
i. A minor parent and not the head‐of‐household; or
ii. A parent or caretaker providing care for a disabled family member living in the home.
11. “Work experience” means a placement at a worksite supervised by an employer, work site sponsor, or other responsible party on an ongoing basis. Work experience provides a participant with an opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment.
i. Participants engaged in this activity are not employees of the work experience worksite or the State of Vermont.
ii. Placement in work experience arranged by the Department shall be conducted in
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accordance with the agreement between the Department and the placement that specifies rules and expectations of:
A. The Department;
B. The work site; and
C. The participant.
2302 Case Management (08/01/2024, 23-30)
a. The Department shall provide Reach Up services to Reach Up households through a case management model informed by knowledge of the household's home, community, employment, and available resources.
b. Case management will include assessment, sharing of information, referrals, and assistance in the preparation and implementation of a family development plan (FDP) to address the household’s well‐being and financial stability.
c. Services may be delivered in the Reach Up household's home, their community, or the district office.
d. A case manager shall be assigned to each Reach Up participant as soon as they begin to receive benefits.
1. Case management for a Reach Up household may begin as early as their application for Reach Up benefits and continue until the household is no longer eligible for case management services.
e. The case manager shall have regular contact with the participant to ensure they are meeting the Reach Up participant requirements, progressing towards their goals, and implementing their FDP.
f. Case management services may also be provided to parents/caretakers who live with an eligible child but are not included in the Reach Up household.
2302.1 Caseload Size (08/01/2024, 23-30)
a. To ensure quality of service, the Department shall limit case managers’ caseload size in a manner that is consistent with research on best practices.
b. A full‐time Reach Up case manager, shall not, at any time, be responsible for more than 80 active cases.
2302.2 Assessment (08/01/2024, 23-30)
a. All participants shall cooperate with their case manager in an ongoing assessment process.
b. The assessment shall include, but is not limited to, the following: 1. Identification of the participant's work experience, skills, interests, goals and their ability to work;
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2. Determination of whether the participant has obstacles and how these obstacles relate to their goals and ability to work; 3. Literacy evaluation; and 4. Determination of what services are needed to achieve their goals and implementation of their FDP.
2303 Support Services (08/01/2024, 23-30)
a. Support services are the services and referrals needed for the accomplishment of the participant's goals and the implementation of their FDP (Reach Up Eligibility rule 2201). b. The Department shall determine the full range of support services needed by each Reach Up household and include the support services in the FDP.
2304 Determination of Support Services (08/01/2024, 23-30)
a. The Department determines the support services needed by each Reach Up household based upon the results of the participants’ assessments and the goals established by the participants.
b. Whenever the FDP is modified, the case manager shall reassess the household's needs for support services.
c. Participants may be eligible for services for a period of 6 months, subject to program regulations, if they no longer receive Reach Up benefits due to employment.
d. If the successful completion of the FDP requires a support service that is unavailable, the individual must cooperate with the case manager in developing an alternative FDP for which the necessary support services are available at a cost that does not exceed the limits established for the program.
1. Support services will be considered unavailable if: i. The service cannot be obtained within an hour commute of the participant's residence; or ii. The service is only available at a cost to the Department, and the Department does not provide funding for the service for reasons allowable under these rules. e. The Department does not guarantee: 1. The availability of funds for the purchase of services; or 2. The availability of services in the community at the price established to enable the program to serve all participants.
2305 Support Services Providers (08/01/2024, 23-30)
a. The Department may provide support services directly, may refer participants to other programs for services, or may pay for services from other entities.
b. The Department shall refer participants to any existing programs that provide the needed services at no cost to the participant or Department.
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c. Under certain circumstances, the Department may purchase services that are not available without cost, if the expenditure is within established spending limits (rule 2306).
2306 Payment for Support Services (08/01/2024, 23-30)
a. Support service spending limits are established by the support service matrix.
1. The matrix establishes annual maximum spending limits and limitations on payments for specified support services items.
2306.1 Payment by Other Programs (08/01/2024, 23-30)
a. The Department will not pay, or supplement the payment, for a service or expense available through other Agency of Human Services (AHS) programs.
b. A Reach Up participant eligible for a needed support service available through another AHS program must first seek the service through that other program.
c. Participants covered by Medicaid, health insurance, or health care assistance through any other providers, shall obtain medical assistance through these programs.
d. Child care assistance through the Child Development Division, Child Care Financial Assistance Program (CCFAP), shall be utilized first (rule 2309).
2306.2 Payment by Department for Children and Families (08/01/2024, 23-30)
a. The Department may pay for support services that the Reach Up household needs, but cannot access through any other program, subject to the support service matrix.
b. When the Department pays for the support service, it follows the following steps:
1. The Department will authorize payment for the service;
2. Participants must provide written documentation of the cost and receipt of the service to the Department; and
3. The Department will issue the payment to the participant or to the provider of the service.
c. The Department shall not provide participants with medical services, including dental services, using TANF funds.
2307 Types of Support Services (08/01/2024, 23-30)
a. Subject to fiscal limitations, the Department shall provide or refer participants to other providers, when needed, to achieve the goals of their FDP, for the following types of services:
1. Appropriate child care, available at times that will enable employment or participation in activities included in the participant's FDP;
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2. Transportation that will enable employment or participation in activities included in the participant's FDP;
3. Career coaching, education, training, and job search assistance, consistent with the purposes of the Reach Up Program;
4. Vocational rehabilitation; 5. Medical and dental assistance; 6. Homelessness prevention and housing assistance; 7. Family planning education and counseling; 8. Assistance with obtaining documentation of an apparent or claimed physical, emotional, or mental condition that reasonably can be presumed to limit or eliminate the participant's capacity to engage in employment or other work activity; 9. Services for teen parents through the teen parent education program established in cooperation with the Department of Education; or 10. Any other services identified in the FDP and determined by the Department to be necessary and appropriate to achieve the purposes of the Reach Up Program.
2308 Criteria for Purchase of Support Services (08/01/2024, 23-30)
a. The Department may pay for support services, within the limits established in the support services matrix, subject to the following conditions:
1. Payment for support services not specified below requires the approval of the Department on a case‐by‐case basis. 2. Child care assistance is generally provided by CCFAP (rule 2309), but ESD may pay in the situations specified in rule 2309.3. 3. Reimbursement is provided for travel to and from any FDP activity. i. Such reimbursements are subject to a maximum amount per participant over an established time period.
ii. Reimbursement for mileage does not require documentation of its cost. 4. When a participant must use a personal vehicle belonging to the participant or a member of the Reach Up household to travel to both paid and unpaid FDP activities, the Department may authorize payment of the following expenses: i. A driver's license; ii. Required vehicle insurance; iii. Vehicle registration; and iv. Necessary repairs to make the vehicle operable and able to pass inspection. 5. Out‐of‐state travel shall be authorized only for approved program activities and/or out‐of‐state job interviews.
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6. When a participant has been determined eligible for financial aid from the Vermont Student Assistance Corporation and can demonstrate the ability to cover tuition costs, the Department may authorize payment for registration, books and supplies, lab, testing, and other mandatory fees needed to participate in one or more of the following activities: i. Vocational education; ii. Job skills training; iii. Basic education directly related to employment; or iv. A try‐out course, included in the participant’s FDP, if a parent is considering pursuit of a two‐ or four‐year postsecondary degree . 7. Payment is authorized for some or all of the tuition for the activities specified in subsection (6) when one or both of the following conditions are met: i. The payment requested is for tuition in excess of financial aid limits on nondegree tuition; or ii. Financial aid for nondegree tuition has been exhausted. 8. Payment is authorized for tuition in any other situation, pending Department approval, when no employment goal can be pursued without the need for tuition. 9. Payment is authorized for equipment necessary for a participant to accept or continue employment. 10. Payment is authorized for haircuts, clothing necessary for a job interview, uniforms, work shoes, or other apparel specifically required for employment or participation in a FDP activity. 11. Payment is authorized for relocation costs only when a participant makes a permanent move necessary for participation in a FDP activity or to accept or continue employment. i. Relocation costs are limited to rental of a motor vehicle and related equipment needed to move household contents. ii. An alternative method may be authorized if that relocation method costs no more than the rental of a motor vehicle and related equipment. 12. Payment may be authorized for temporary housing when it is necessary to enable a participant to accomplish the following: i. Participate in a FDP activity; ii. Attend a job interview away from the participant's residence; or iii. Search for permanent housing when a permanent move is necessary for the individual to participate in a FDP activity or accept or continue employment.
2309 Child Care Assistance (08/01/2024, 23-30)
a. Child care assistance is available through CCFAP.
b. Participants eligible for child care services (rule 2309.1) may choose either a regulated or exempt child care provider that meets the requirements of CCFAP.
c. Participants, who need assistance in identifying available child care providers, need information, or
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counseling that will assist them in making an informed choice among available child care providers, shall be referred to the local child care referral specialist.
2309.1 Child Care Assistance Eligibility Criteria (08/01/2024, 23-30)
a. Participants in FDP activities, employed or self‐employed, are eligible for child care assistance, subject to all of the following conditions.
1. The child care is necessary to enable a participant to accept or retain employment or self‐ employment or participate in a FDP activity and neither parent/caretaker is available and able to provide the necessary care.
2. Child care assistance is not allowed for child care required by unpaid volunteer work unless such volunteer work is related to the participant's employment goal and is an activity included in the FDP. 3. The hours for which child care assistance is requested are reasonably related to a participant's hours of employment or self‐employment, or to an activity included in the FDP. 4. The participant requests child care assistance and provides information to the Department about their income, the child requiring care, and provider of care information. 5. The child requiring care is a member of the Reach Up household or a child within the household receiving SSI/AABD or foster care benefits under Title IV‐E. 6. The child requiring care fits within one of the following groups: i. Under the age of 13; ii. At least 13 years of age, but under the age of 19, eligible for special education services in accordance with an Individualized Education Plan (IEP) or 504 Plan, and not capable of providing safe self‐care as verified by the written report of a licensed physician or licensed psychologist; iii. At least 13 years of age, but under the age of 19, with a documented physical, emotional, or behavioral condition that precludes the child from providing self‐care or being left unsupervised, as verified by the written report of a physician or licensed psychologist; or iv. At least 13 years of age, but under the age of 19, and under court supervision. 7. The provider of care is: i. Licensed, registered, or has been granted Approved Relative Child Care (ARCC) provider status by CDD; ii. Exempt from licensing or registration regulation under 33 VSA §3502 (b); iii. A town or school summer youth recreation program with hours that enable the child's parent/caretaker to engage in FDP activities; iv. Awaiting ARCC provider status from CDD; or v. Licensed, registered, or exempt under the law of the jurisdiction in which the child care is provided, if the provider is not located in Vermont.
8. The child care assistance takes into account the individual needs of the child and is appropriate to their age and special needs and the location of care is reasonably accessible to the child's home, school, or the participant's place of employment or FDP activity.
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2309.2 Child Care Assistance Authorizations (08/01/2024, 23-30) a. Child care assistance is authorized for 12‐month periods at a time. b. Child care assistance is allowable in the following circumstances:
1. For a participant waiting to begin employment, self‐employment, or a FDP activity, child care assistance may begin up to two weeks before the employment or FDP activity begins; or
2. If necessary to secure a child's slot in a child care facility, child care assistance may begin up to 30 days before the employment or FDP activity begins.
c. The Department shall approve child care hours sufficient to cover the hours needed to engage in the participant's FDP activities, including the travel time to and from such activities.
2309.3 Child Care Assistance Payment Rate (08/01/2024, 23-30) a. The payment rate for allowable child care assistance shall be set by CDD. b. CDD will pay the child care provider except in the following situations, where the Department will pay the provider according to limits in the support services matrix: 1. For short‐term, sporadic, or generally nonrecurring FDP activities, the Department will pay for child care for children under 13, limited to 20 days of care per provider. i. These payments will be made only to providers that are ineligible for child care reimbursement from CDD. ii. This allowance for child care may cover children 13 years of age and older if the child meets the basic eligibility criteria under rule 2309.1. 2. When the hours enable the participant to engage in an FDP activity, the Department may pay for a child attending a youth recreation program.
2310 Incentive Payments (08/01/2024, 23-30)
a. The Department shall provide incentive payments to Reach Up participants for successfully completing activities or tasks included on their FDP.
b. Successful completion of the FDP activities or tasks will be defined by the Department.
2310.1 Payment of Incentives (08/01/2024, 23-30)
a. The Department shall provide incentive payments as established by the support services matrix.
b. Incentives may vary depending on the length of time involved and the level of difficulty the completed activity represents for the participant.
c. The specific amount of the incentive shall be at the discretion of the Department based on the definition of the goal in the FDP and maximum amounts established per participant in the support services matrix.
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2311 Reach Up Participant Requirements (08/01/2024, 23-30)
a. The following requirements apply to every Reach Up participant, including minor parents (rule 2319), unless the requirements are deferred pursuant to rule 2323:
1. Each participant shall engage in the creation of the FDP; 2. Each participant shall engage in assessment and evaluation activities;
3. Each participant shall engage in the FDP requirements as soon as the agreed upon activity is available;
4. Participants shall engage in their FDP activities for the number of hours per week that the activities are scheduled and available, unless good cause exists for not doing so (rule 2325);
5. Participants may provide written verification, when required, of attendance and participation in any FDP activity; or
6. Participants may request assistance if they have difficulty obtaining the required verification.
7. Participants shall continue to engage in the FDP requirements while receiving Reach Up benefits.
b. Required participation in Reach Up services begins with the application for Reach Up benefits and continues until the participant is no longer receiving Reach Up benefits.
c. Participants, who do not engage in the participant requirements without good cause (rule 2325), shall have their Reach Up benefits reduced (rule 2328) or closed (Reach Up Eligibility rule 2234.1).
d. Youth, who are not attending school full‐time, may participate in Reach Up services (rule 2320).
2312 Notification of Requirements (08/01/2024, 23-30)
a. At the time of application for Reach Up benefits, and at the time of recertification, the Department will provide each Reach Up participant with information about the Reach Up participant requirements.
b. During the time a participant is receiving benefits, the Department shall keep them informed about their Reach Up participant requirements.
c. The participant's requirements are dependent upon their participation status, which is determined by the following:
1. Reach Up household composition; and
2. The participant's goals and their ability to work.
d. The Department shall notify all applicants/participants, in writing, of the following:
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1. Their participation status; 2. A change in participation status; 3. The rights and responsibilities associated with the participation status; 4. The availability of deferments to engage in Reach Up participant requirements; 5. The potential for sanction or closure of benefits for noncooperation; 6. The right to request conciliation; and 7. The right to a fair hearing for participants who do not agree with the status determination.
2313 Family Development Plans (08/01/2024, 23-30)
a. Every participant must have a family development plan (FDP). b. The FDP documents participation in Reach Up services (rule 2300).
c. The FDP sets forth each participant’s responsibilities, which include:
1. Engaging in goal achievement related to employment, training, education, and other applicable goals;
2. The schedule of activities to attain the goals; and
3. The specific FDP requirements they must fulfill to avoid sanctions or closure.
d. Development of the initial FDP begins during application for Reach Up benefits (Reach Up Eligibility rule 2202).
1. A second parent who joins an existing Reach Up household shall develop an initial FDP as a condition of their eligibility and the household's continuing eligibility, while a decision on their eligibility is pending.
e. Within 30 days of the first Reach Up services meeting the FDP shall be created and include the following: 1. Employment, training, education, and other applicable goals of each participant; 2. An assessment (rule 2302.2) of each participant's strengths and whether they have any obstacles to their goals and ability to work, including a literacy evaluation followed by referral to an appropriate resource or program, if needed; 3. Identification of the services, supports, and accommodations needed to overcome any obstacles and move them toward their goals; 4. Assignment of Department and participant responsibilities with a time schedule for fulfillment of these FDP responsibilities; and 5. Definition of goals for successful completion of activities relative to incentive payments (rule 2310). 2314 Participant Goals in the FDP (08/01/2024, 23-30)
a. The participant's goals are essential elements of the FDP.
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b. Every participant must establish an employment, training, or education goal and other applicable goals necessary to overcome any obstacles to their goals.
c. The participant's goals may evolve over time, taking into consideration their assessment (rule 2302.2) and any other factors affecting goal attainment.
2315 Creation of the FDP (08/01/2024, 23-30)
a. The Department, with the full involvement of the participant, shall create the FDP. b. Creation of the FDP is an ongoing process.
c. Participants are required to engage in activities that are included in their FDP.
d. In developing the FDP, the Department and the participant should be guided by the participant's goals, including their employment goal.
e. The schedule of activities, including work activities, must provide the most efficient route to attainment of the participant's goals.
f. If a participant has any known obstacles to achieving their goals, they must be identified and addressed in the FDP with a schedule of activities and services.
2316 FDP Reviews and Modifications (08/01/2024, 23-30)
a. The Department shall establish a schedule for review of the FDP that includes a personal contact with the participant at least once per month to review the FDP and, if necessary, to modify the plan.
b. In addition to regularly scheduled reviews of the FDP, the Department shall review and, if necessary, modify the plan in the following circumstances: 1. Services required by the FDP are unavailable; 2. A deferment from participation in the Reach Up participant requirements has been requested; 3. A deferment is scheduled to end within 60 days, in which case the Department shall review the FDP before the deferment expires; 4. The participant has started an unsubsidized or subsidized job, in which case the Department shall review the FDP within 30 days of the date the participant started the job; 5. The participant has lost unsubsidized or subsidized employment; 6. The participant is nearing the date set for attaining their goals, including their employment goal, in which case the Department shall review the FDP at least 30 days prior to that date; 7. Changes to the FDP are needed to protect the well‐being of the participant's children; 8. The participant is not making satisfactory progress in achieving the goals of the plan, including their employment goal, or it becomes apparent that the participant cannot achieve them in the time allowed; 9. The participant has not engaged in an FDP requirement;
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10. A change of circumstances requires a Reach Up eligibility review; or 11. A second parent joins or leaves the Reach Up household.
c. The Department shall reassess the participant and make appropriate referrals when there is indication that a previously unidentified obstacle may cause non‐engagement with program requirements or an inability to make satisfactory progress toward the goals of the plan, including their employment goal.
d. The Department shall conduct routine reviews of FDPs to ensure quality of service or when they have notice that there may be issues of non‐engagement or quality of service.
1. After the review, the Department shall modify the FDP, if necessary.
2317 FDP Requirements (08/01/2024, 23-30)
a. Each adult participant in a Reach Up household must engage in FDP activities consistent with their highest level of capability.
b. The FDP shall include participation in required activities that address the Reach Up household’s goals and well‐being, including:
1. Full‐ or part‐time unsubsidized or subsidized employment;
2. Activities that develop and enhance the participant’s employment skills, including:
i. Career‐specific training programs;
ii. English language learning;
iii. Literacy and math skill courses; or
iv. Credential programs.
3. Entrepreneurship and business development;
4. Job search and career exploration, including:
i. Engaging in work experience; or
ii. Participating in job shadow opportunities;
5. Education, including obtaining:
i. A high school diploma;
ii. Technical training or vocational education; or
iii. Career‐specific education;
6. Activities that build the foundations for employment, including:
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i. Housing search efforts;
ii. Arranging transportation; or
iii. Arranging child care; or
7. Activities that improve family and financial well‐being, including:
i. Financial capability classes and coaching;
ii. Mental health treatment;
iii. Treatment for substance use disorder;
iv. Working with children’s health and school professionals;
v. Applying for Supplemental Security Income; or
vi. Working with FSD.
c. The FDP requirements shall be determined on an individual basis.
d. If a participant can perform work activities appropriately related to their employment goals, the Department shall include such participation as an FDP requirement.
2318 Two‐Adult Household Requirements (08/01/2024, 23-30)
a. Participants in a Reach Up household with two adults, including minor parents, must both complete an assessment, create individual FDPs, and establish their goals, including employment goals.
b. Subject to program rules and limitations, the Department will provide support services for participants in a two‐adult household, including minor parents, who engage in FDP activities.
2319 Minor Parent Requirements (08/01/2024, 23-30) a. A minor parent is an individual under age 18, who is a parent or is pregnant.
b. Regardless of their school attendance, dependent status, the age of their youngest child, or participation in a supervised living arrangement, all minor parents must participate in their FDP activities.
c. The FDP shall include the following requirements: 1. The minor parent shall attend school, an appropriate alternative education, or a training program; and 2. If the minor parent is not emancipated in accordance with 12 V. S. A. §7151, the minor parent and the dependent children in the minor parent's care must reside with a parent or in an approved living arrangement (rule 2319.1).
2319.1 Approved Living Arrangement (08/01/2024, 23-30)
a. If the minor parent is not residing in an approved living arrangement (rule 2301) the case manager
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and minor parent shall jointly determine whether any appropriate living arrangement is available. 1. The home of a parent/legal guardian shall be the first option explored.
2. If either the case manager or minor parent does not agree that a parental home is available and appropriate, they shall seek an alternative approved living arrangement.
3. After a decision on the minor parent's living arrangement has been made, the relationship between the minor parent and the parent/legal guardian may be subsequently explored within the context of providing case management services to the minor parent.
b. If the minor parent is participating in an approved substance use treatment program, or a vocational or educational program that would no longer be geographically feasible if the minor parent returned to the parent's/legal guardian's home, the case manager shall help the minor parent find an alternative living arrangement.
2319.2 Unavailability of Approved Living Arrangement (08/01/2024, 23-30)
a. If the case manager and minor parent have been unable to develop an agreed‐upon living arrangement, the Department shall review the case circumstances, determine whether an appropriate living arrangement is available, and, if so, require the minor parent to live in that arrangement.
b. If there is no appropriate living arrangement available, the Department shall determine whether a designated nonresident adult may provide regular support and guidance in an independent living arrangement.
1. If there is no such adult available, the minor parent is exempt from the approved living arrangement requirement.
2319.3 Residence in Unapproved Living Arrangement (08/01/2024, 23-30)
a. If the minor parent is not exempt and does not reside in a living arrangement specified by the Department, the Reach Up household benefits shall be subject to financial sanction (rule 2327).
b. The following circumstances constitute good cause for a minor parent to be exempt from the living arrangement requirement and permitted to live independently:
1. A parent aged 17, who has lived apart from their own parents, legal guardian, or adult relative, and has been independently self‐supporting for a period of at least six months before either the birth of their child or their application for Reach Up benefits; 2. A minor parent resides with their child's other parent, and both parents are age 16 or older; or 3. The Department determines that no appropriate living arrangement is available.
c. Minor parents not living in an approved living arrangement at the time of application, who do not have good cause for living independently, may receive Reach Up benefits for 30 days from the application approval date, if all other eligibility factors are met.
1. During this initial 30‐day period, minor parents will work with their case manager to determine
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if an approved living arrangement exists, or if they are exempt from this requirement.
d. Minor parents who leave an approved living arrangement with good cause, as described below, shall have up to 30 days from the date they left to move into another approved living arrangement.
1. This 30‐day period may be extended an additional 30‐day grace period if the Department determines that a good faith effort is being made to find a suitable living arrangement and the additional time is needed to locate appropriate housing.
e. The following reasons constitute good cause for a minor parent to leave an approved living arrangement: 1. The supervising adult or organization is no longer willing or able to provide the living arrangement; 2. The minor parent alleges that the living arrangement is unacceptable because of abuse or neglect of the minor parent or their child; or 3. The minor parent and the case manager agree that the current living arrangement is no longer needed or appropriate, and no other suitable option is immediately available.
2320 Out‐of‐School Youth (08/01/2024, 23-30)
a. Case management services may be offered to out‐of‐school youth of any age in a Reach Up household.
2321 Work Activity Displacement Policy (08/01/2024, 23-30)
a. No participant shall be employed or placed in an activity at a location where: 1. An individual's employment was terminated at the same work site, and they had previously performed the same or substantially equivalent employment; 2. The employer has terminated the employment or reduced the regularly scheduled hours of any regular full‐time employee to fill the vacancy with a participant of the Reach Up program; 3. The employer has otherwise caused an involuntary reduction of its work force capacity to fill the vacancy with a participant of the Reach Up program; or 4. The employment or placement of the participant is the result of a strike, lockout, or other bona fide labor dispute. b. If there is a bargaining unit at the work site, the Department shall obtain certification from the bargaining unit to ensure the participant's employment or placement will not result in anybargaining unit agreement violation.
c. The Department shall maintain a grievance procedure for resolving complaints of alleged violations of the Department's work activity displacement policy.
1. This procedure will involve the opportunity for informal resolution conducted by the Department.
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2322 Fair Labor Standards Act (08/01/2024, 23-30)
a. The Department shall comply with the provisions of the Fair Labor Standards Act (FLSA) with respect to the maximum number of hours participants can engage in unpaid work activities.
b. For certain work activities subject to FLSA provisions, the maximum number of hours a participant can be required to work shall be calculated as follows:
1. Determine the Reach Up benefit amount received;
2. Subtract the parent share of child support received;
3. Add the monthly 3SquaresVT benefit received;
4. Divide this sum by Vermont minimum wage to determine the number of hours that the participant can be required to work in the FLSA activity for the month; and
5. Divide the number of hours by the number of weeks in this month to get the hours that the participant can be required to work in this activity per week. 2323 Deferment of Reach Up Participant Requirements (08/01/2024, 23-30)
a. The Department may defer the participant requirements set forth in rule 2311. 1. A deferment exempts a participant from engaging in Reach Up participant requirements.
b. A participant may be required to provide documentation of the existence of the circumstances or condition serving as the basis for a deferment.
c. When the reason for a deferment specifies a related time period for expiration, the deferment is limited by its terms.
d. The Reach Up participant requirements in rule 2311 shall be deferred for: 1. A participant caring for a child under six weeks of age or caring for a child for six weeks from the date of adoption; 2. A participant needed in the home to care for a disabled or seriously ill family member, as determined in rule 2323.3. 3. A parent/caretaker aged 60 or older; 4. A participant unable to engage in the Reach Up participant requirements due to the effects of domestic violence, as determined in rule 2323.1; 5. A participant unable to engage in the Reach Up participant requirements due to medical related issues, as determined in rule 2323.2; or 6. A participant engaging in behavior that constitutes a serious threat or hazard to fellow participants or Department staff.
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2323.1 Domestic Violence Deferment (08/01/2024, 23-30)
a. The Department shall make an individualized assessment of a participant's situation and available documentation to determine whether their request for deferment because of domestic violence shall be granted.
1. These effects may be the result of domestic violence that occurred in the past or the present.
b. The Department shall grant a domestic violence deferment when engaging in Reach Up participant requirements can be reasonably anticipated to result in serious physical or emotional harm to:
1. The participant, that significantly impairs their capacity to engage in Reach Up participant requirements;
2. The participant, that significantly impairs their ability to care for a child adequately; or 3. A child.
c. If the Department determines that supporting documentation is necessary to determine whether the deferment shall be granted, the following items are examples of acceptable documentation:
1. Medical reports or records; 2. Court documents;
3. Police reports;
4. Statements from victim advocates or staff working in a domestic violence program;
5. School records;
6. Reports from other FSD staff; or
7. Statements from neighbors, employers, family, or friends.
d. The decision to grant or deny the deferment shall be based solely on the consultation between the case manager and participant if, for any reason, the participant is unable or unwilling to provide supporting documentation that the Department had determined was necessary. e. The Department may grant a domestic violence deferment for a period of time as established by the case manager and participant.
f. There is no limit to the number of times the deferment may be extended.
1. No additional verification of domestic violence is required if circumstances have not changed.
2323.2 Medical Deferment (08/01/2024, 23-30)
a. The Department shall make an individualized assessment of a participant's health situation and available documentation to determine whether their request for medical deferment shall be
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granted.
1. A medical deferment is granted if the participant is unable to engage in the Reach Up participant requirements.
2. There is no limit to the number of times the deferment may be extended
2323.3 Needed‐in‐the‐Home Deferment (08/01/2024, 23-30)
a. The Department shall make an individualized assessment of the health situation of the participant’s family member and available documentation to determine whether their request for deferment shall be granted.
1. A needed‐in‐the‐home deferment is granted if the participant is unable to engage in the Reach Up participant requirements. 2324 Types of Non‐Engagement (08/01/2024, 23-30)
a. Non‐engagement exists when a participant does not engage in the following actions: 1. Appear for an assessment after one written request by the Department; 2. Cooperate in the development of the FDP; 3. Participate in FDP activities; 4. Refrain from behavior that is disruptive to a program activity or the orderly administration of the program; 5. Refrain from behavior that constitutes a threat or hazard to fellow participants or Department staff; 6. Accept appropriate child care (rule 2325.3) or other support services that would allow participation in FDP activities; 7. Follow through on treatment or rehabilitation services plans; 8. Appear for a referral to or interview for employment consistent with their goals; 9. Reside in an approved living arrangement, if a minor parent; or 10. Apply for, or comply with, the requirements of unemployment compensation, if otherwise eligible.
2324.1 De Facto Refusal (08/01/2024, 23-30)
a. De facto refusal occurs when non‐engagement is implied by a participant not meeting one or more Reach Up services requirements, without good cause.
b. The Department shall prepare a written record of the participant's non‐engagement.
c. If the Department determines that the participant had good cause for their non‐engagement, the non‐engagement process ends.
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d. If no good cause for the non‐engagement exists, the Department will initiate the conciliation process (rule 2326) or for participants ineligible for conciliation, the sanctions process (rule 2327).
1. When de facto refusal occurs and the participant is ineligible for conciliation the Reach Up benefits will be terminated for Reach Up households that have received 60 or more countable, cumulative months of benefits.
2324.2 Overt Refusal (08/01/2024, 23-30)
a. Overt refusal occurs when, without good cause, a participant declares, verbally or in writing, an unwillingness to engage in Reach Up services requirements.
1. The Department will ask the participant to put verbal refusals in writing and, if they refuse, the verbal refusal will be accepted.
b. The Department shall prepare a written record of the participant's non‐engagement.
c. If the Department determines that the participant had good cause for non‐engagement, the non‐ engagement process ends.
d. If no good cause for the non‐engagement exists, the Department will initiate the conciliation process (rule 2326) or for participants ineligible for conciliation, the sanctions process (rule 2327).
1. For Reach Up households that have already received 60 or more countable, cumulative months of benefits at the time the sanctions process has begun, the Reach Up benefits will be terminated.
2325 Determination of Good Cause (08/01/2024, 23-30)
a. The Department shall make a good‐faith effort to contact the participant to determine whether there is good cause for their non‐engagement.
b. The Department may require the participant to provide documentation to substantiate their claim of good cause.
c. The Department will determine whether there was good cause for the participant's non‐ engagement.
1. The Department will determine that no good cause exists if the participant does not fully cooperate with the Department's attempt to establish good cause.
d. The Department shall complete the good cause determination within 10 days of becoming aware of the participant's non‐engagement.
2326 Good Cause Criteria (08/01/2024, 23-30)
a. Circumstances beyond the control of the participant may constitute good cause for a participant's non‐engagement.
b. Some good cause reasons are job‐related (rule 2326.1) and others are FDP‐related (rule 2326.2).
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2326.1 Job‐Related Good Cause (08/01/2024, 23-30)
a. Good cause exists for a participant's non‐engagement for refusing, quitting, or being fired from a job including the following situations:
1. The job was at a wage level below the Vermont minimum wage; 2. The job involved conditions in violation of applicable health, safety, or workers' compensation regulations or of the Fair Labor Standards Act (FLSA); 3. The employer discriminated either during the job interview or in the workplace on the basis of age, sex, sexual orientation, color, race, ancestry, national origin, place of birth, religion, or against an individual with a disability. i. Participants alleging discrimination in any of these areas may choose to have their complaints processed through: A. The Vermont Human Rights Commission and the Vermont Attorney General's Public Protection Division as a violation of state law against discrimination; or B. The federal Equal Employment Opportunity Commission as a violation of federal law. 4. The requirements of the job were contrary to the participant's religious beliefs; 5. The job offer was available due to a layoff by the employer, strike, lockout, or other bona fide labor dispute; 6. The participant, after making a good faith effort and informing the employer as soon as reasonably possible, was unable to arrange either: i. Transportation to or from the place of employment; or ii. Appropriate child care essential for the participant's job. 7. The total daily commuting time to and from the place of employment exceeded two hours, including the time required to take a child to and from child care; 8. The participant was required to appear in court or incarcerated, and they contacted the employer as soon as reasonably possible; 9. Domestic violence as outlined in rule 2323.1; 10. A previously unacknowledged medical condition as outlined in rule 2323.2; 11. The participant had to attend to their own serious illness or the serious illness of their family member, and the participant notified the employer of the situation as soon as reasonably possible; i. Serious illness in this context is a condition resulting from an accident, disease, or physical or mental condition that meets at least one of the following criteria: A. It poses imminent danger of death; B. It requires inpatient care in a hospital; or C. It requires continuing in‐home care under the direction of a physician. 12. The participant was involved in an unforeseeable emergency, such as fire, flood, or accident and informed the employer as soon as reasonably possible;
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13. The participant had to attend to a school emergency involving their child or another child for whom the participant receives Reach Up benefits or foster care payments, and the participant informed the employer of this situation as soon as reasonably possible; or 14. The job did not align with the participant’s goals as specified in the FDP.
2326.2 FDP‐Related Good Cause (08/01/2024, 23-30)
a. Good cause exists when a participant does not engage in FDP requirements for the following reasons: 1. The participant, after making a good faith effort and informing the Department or the FDP activity supervisor as soon as reasonably possible, was unable to arrange either: i. Transportation to or from the place of the FDP activity or meeting; or ii. Appropriate child care essential for the participant's FDP requirement;
2. The total daily commuting time to and from the place of the FDP activity exceeded two hours, including the time required to take a child to and from child care; 3. Inclement weather prevented the person from participating in the FDP activity or meeting, and the participant contacted the Department or the FDP activity supervisor as soon as reasonably possible to explain the situation; 4. Attendance at a drug or alcohol treatment program precluded participation in the FDP activity or meeting; 5. The participant was required to appear in court or incarcerated, and they contacted the Department or the FDP activity supervisor as soon as reasonably possible; 6. A family emergency requiring the participant's immediate attention, such as the death, illness, or injury of a family member, or the participant's own illness prevented them from engaging in a FDP requirement, and the participant notified the Department or the FDP activity supervisor of the situation as soon as reasonably possible; 7. Domestic violence as outlined in rule 2323.1; 8. The participant had to attend a medical appointment and they notified the Department or the FDP activity supervisor of the situation as soon as reasonably possible; 9. The participant had to go to an interview for an unsubsidized job and they notified the Department or the FDP activity supervisor of the situation as soon as reasonably possible; 10. The participant was absent from the FDP activity or meeting due to an unforeseeable emergency, such as fire, flood, or accident; 11. A previously unacknowledged medical condition as outlined in rule 2323.2; or 12. The participant was called away from the FDP activity or meeting to attend to a school emergency involving their child or another child for whom the participant receives Reach Up benefits or foster care payments, and the participant informed the Department of this situation as soon as reasonably possible. 13. Any other situation which the Department determines constitutes good cause for a participant's non‐engagement with FDP requirements.
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2326.3 Absence of Appropriate Child Care (08/01/2024, 23-30)
a. Appropriate child care shall be considered available when either of the following conditions is met: 1. There is an available child care slot with a licensed or registered provider located within five miles of the parent's/caretaker's residence or normal route to employment, FDP activity, or meeting; or
2. The participant/caretaker chooses an approved relative child care (ARCC) provider, who is in legal compliance over a regulated child care provider.
b. Appropriate child care does not include the following:
1. Child care that Child Development Division (CDD) classifies as an ARCC provider, and that a participant/caretaker determines to be unacceptable; or
2. Child care that CDD classifies as either a registered family child care home or a licensed child care center, and that a participant/caretaker determines to be unacceptable, when such determination is confirmed by CDD.
c. If the only available child care is with an ARCC provider, the participant/caretaker is not required to use it.
2327 Conciliation (08/01/2024, 23-30)
a. Conciliation is when the Department provides a participant an opportunity to re‐engage with Reach Up services requirements prior to being sanctioned or terminated from the program.
b. The Department shall initiate conciliation when the Department has determined that the participant's de facto or overt refusal to engage in Reach Up services requirements was without good cause (rule 2323.1).
c. The conciliation process is available to households that have received 60 or more months of countable, cumulative benefits.
2327.1 Conciliation Process (08/01/2024, 23-30)
a. When the conditions for conciliation exist, the Department shall mail a notice scheduling a conciliation meeting to the participant within 10 days of the date the Department became aware of the non‐engagement.
b. The Department should schedule the meeting no sooner than the fourth workday after the date the notice is mailed.
c. A participant may waive advance notice of the conciliation meeting by signing a waiver of notice.
d. The notice of the conciliation meeting must include the following: 1. The reason for the determination of non‐engagement without good cause;
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2. The steps in the conciliation process; 3. The right to have a representative present at the conciliation meeting; and 4. The actions to be taken if conciliation is unsuccessful.
e. Participants may conciliate disputes for each instance of non‐engagement.
1. Any subsequent non‐engagement without good cause during the conciliation process will result in the immediate initiation of the sanctions process or termination of benefits without an opportunity for additional conciliation.
f. Any time a participant makes a claim of good cause the Department must make a determination of whether documentation of such good cause is required.
1. The participant will have 10 days to provide good cause documentation after the Department's request.
2. When the participant is unable to obtain required documentation, the Department shall provide assistance, if possible. g. When it is determined, at any time during a conciliation process, that the participant had good cause for non‐engagement, including qualifying for a deferment of requirements that relates to the non‐ engagement, conciliation will end.
1. Under these circumstances, there will be no conciliation resolution plan.
2327.2 Conciliation Resolution Period (08/01/2024, 23-30)
a. The conciliation resolution period begins on the date of the first scheduled conciliation meeting and lasts for no more than 15 consecutive calendar days.
b. The conciliation resolution period is the time frame when the Department and the participant meet and discuss how the participant may engage in Reach Up services requirements, including a review of all applicable good cause and deferment criteria.
c. The product of the conciliation meeting is a conciliation resolution plan, which describes what the participant must do to achieve satisfactory participation and the time frames involved.
1. The Department and participant will revise the FDP in accordance with the conciliation resolution plan.
d. The Department shall advise the participant of their right to terminate the conciliation process at any time, which will result in a determination of unsuccessful resolution and immediate initiation of the sanctions process or termination of benefits.
2327.3 Successful Conciliation Resolution (08/01/2024, 23-30)
a. Conciliation is considered successfully resolved when the participant demonstrates engagement with the activities outlined in the conciliation resolution plan and the revised FDP.
b. Engagement must begin within five calendar days of the date the conciliation resolution plan is signed and continues for a period of two weeks to three months, as specified by the Department in
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the conciliation resolution plan.
2327.4 Unsuccessful Conciliation Resolution (08/01/2024, 23-30)
a. The conciliation process shall be determined unsuccessful when the participant: 1. Without good cause, does not respond to a scheduled conciliation meeting; 2. Exhibits a pattern of behavior where refusal to participate can be reasonably inferred; 3. Without good cause, does not participate in activities outlined in the conciliation resolution plan and the revised FDP for the required time period; or 4. Voluntarily terminates the conciliation process before a successful resolution has been reached.
b. When the Department determines that the conciliation resolution has been unsuccessful, they shall review the conciliation process and the basis for the determination, prior to initiation of the sanctions process or terminating benefits.
c. The participant may request a fair hearing during the conciliation process.
2328 Sanctions for Non‐Engagement (08/01/2024, 23-30)
a. If a participant, including a minor parent, does not engage with Reach Up services requirements, the Department shall impose a fiscal sanction by reducing the benefits of the sanctioned household (rule 2327.3).
1. The sanction process is not available to a household that received 60 or more countable, cumulative months of benefits (Reach Up Eligibility rule 2228.1).
b. A sanction is only imposed if conciliation (rule 2326) is unsuccessful or not available.
c. Once a fiscal sanction has been imposed, the sanctioned participant demonstrating engagement with services requirements may cure the sanction and have the full benefit amount restored (rule 2324).
d. The participant, who engages with Reach Up services requirements for 12 consecutive months following fiscal sanctions will have the past sanctions forgiven (rule 2325).
e. When the Department determines, at any time during the sanctions process, that the sanctioned participant had good cause for the non‐engagement, the sanctions shall end and any associated months shall not be counted as a month of sanction.
2328.1 Independent Review and Notice (08/01/2024, 23-30)
a. Before a fiscal sanction is imposed, the department shall review the basis for the sanction, which shall include:
1. Consideration of the sanctioned participant's circumstances;
2. Possible good cause reasons for the non‐engagement;
3. The basis for the initial determination of non‐engagement; and
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4. The Department's compliance with the conciliation process.
b. The sanction process begins with a written notice to the participant at least 10 days before the sanction is scheduled to begin.
1. This notice explains the action being taken, the reason for the action, and the participant's right to appeal the decision.
c. If the participant requests a fair hearing before the sanction is applied to the Reach Up benefit, the sanction will not be applied while the appeal is pending (rule 2330).
2328.2 Required Sanctions Meeting (08/01/2024, 23-30)
a. To receive any Reach Up benefit while sanctioned, including vendor rent payments, a participant is required to attend a sanction meeting at least once per month and participate in assessments.
b. This meeting may take place in a location that facilitates the FDP goals.
c. A sanctioned participant’s unexcused absence from the required meeting may result in termination of the Reach Up household's benefits.
d. The purpose of the meeting is to reassess, review and revise the FDP as appropriate and encourage the participant to cure the sanction.
e. The meeting with the case manager shall take place by the 16th of each month or the Reach Up benefits terminate and that month’s benefit is forfeited.
1. In any given month, the case manager may waive the meeting requirement if, in their judgment, severe illness, death in the family, or other equally compelling reasons warrant an exception.
2. A participant is encouraged to notify the case manager if unable to attend as scheduled, on or before the date of a meeting.
i. The case manager shall reschedule the meeting to be held no later than the 16th of the month.
f. If the sanctioned participant attends a meeting after the 16th but before the end of a month, benefits for the following month are reinstated at the appropriate sanctioned level.
1. If the participant demonstrates good cause for not attending the meeting by the 16th, the Department will issue the current month’s benefit.
2328.3 Sanction Amounts (08/01/2024, 23-30)
a. The sanction amount is based upon the cumulative number of months the participant has been sanctioned, even if the months are not consecutive.
b. For the first, second, and third cumulative months in which a participant is sanctioned, the Reach Up household benefit shall be reduced by the amount of $75.00 for each participant subject to a fiscal sanction.
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c. For the fourth cumulative month, and any subsequent month in which a participant is sanctioned, the Reach Up household benefit shall be reduced by the amount of $150.00 for each participant subject to a fiscal sanction.
d. When a Reach Up benefit terminates because the amount of the sanction equals or exceeds the benefit amount, that month shall be counted as a month of sanction.
e. When a Reach Up benefit terminates because a participant does not attend their required sanction meeting (rule 2327.2), the month the benefits are forfeited shall be counted as a month of sanction.
2328.4 Housing Protection Limitation (08/01/2024, 23-30)
a. During the first six cumulative months of sanction, the amount of the sanction may be limited to protect the household's ability to pay its housing costs.
1. The Department shall consider the household's other countable income available for payment of housing costs.
2. The amount of housing costs protected under this provision equals either the household's actual incurred housing costs or the applicable maximum housing allowance (Reach Up Eligibility rule 2246), whichever is less, minus the household's other countable income.
3. The amount of the special housing needs allowance (Reach Up Eligibility rule 2244.3) is not included in the determination of the amount of allowable protected housing costs.
b. If the household's monthly benefit, after the imposition of the full sanction amount, equals or exceeds its protected housing costs, the benefit shall be reduced by the full sanction amount.
c. If the household's protected housing costs are more than this reduced benefit amount, the amount of the sanction shall equal either the household's benefit minus its protected housing costs, or zero, whichever is more.
1. Any month when the sanction is zero shall count as a month of sanction.
d. After the first six cumulative months of sanction, the Department shall reduce the household's benefit without consideration of the housing protection limitation.
1. If the sanction amount exceeds the benefit amount, the benefits terminate.
e. A household that has exhausted its six‐month housing protection limitation may be eligible for another six‐month housing protection period.
1. To qualify for another housing protection period, the household must have a period of 36 months without sanction for non‐engagement with Reach Up services requirements following the initial housing protection period.
2. Each of the 36 months must be a month during which the household is not receiving Reach Up benefits or a month during which the household is participating in Reach Up without sanction.
2328.5 Vendor Payment of Housing Costs (08/01/2024, 23-30)
a. When a Reach Up household has a fiscal sanction implemented, the Department shall provide housing expenses by vendor payment, paying as much of the incurred housing costs from the
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amount of the sanctioned benefit.
b. If there is any balance remaining after the housing costs are deducted, the remaining amount shall be paid to the household in two payments.
1. Sixty percent of any remaining benefit shall be paid within the first half of the calendar month and forty percent on the second half of the month.
2329 Curing Sanctions (08/01/2024, 23-30)
a. Under specific circumstances, current sanctions may be cured.
b. Curing the sanctions means that the sanctioned participant is engaging in Reach Up services requirements and sanctions are no longer imposed. 2329.1 Notice to Cure Sanctions (08/01/2024, 23-30)
a. When sanctions are imposed, the Department shall immediately provide written notice to participants of their ability to cure the sanctions by participating in required activities for two weeks.
b. When a sanctioned participant meets with the case manager, they shall remind the participant of the option to cure the sanctions.
2329.2 Process to Cure Sanctions (08/01/2024, 23-30)
a. To cure the sanctions, the participant must engage in all FDP requirements for two consecutive weeks.
b. The Department shall restore benefits when: 1. At least one month of sanctions has been applied to the household's benefits; 2. The participant completes the two‐week period of engagement; and 3. The participant remains engaged.
c. Participants may cure their sanction if they have a break in Reach Up benefits of at least one full calendar month.
1. A month in which a participant forfeits benefits due to not meeting with the case manager does not count as a break in Reach Up benefits.
d. Households that receive notice of a sanction, but whose benefits are then terminated before the sanction amount is applied to the benefit will have that month count as a month of sanction.
1. In such cases, if the household resumes participation in Reach Up after not receiving benefits for a full calendar month, the Department shall:
i. Treat that past sanction as cured; and
ii. Consider that past sanction in any future determinations of sanction amounts or forgiveness of past sanctions.
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2330 Forgiveness of Past Sanctions (08/01/2024, 23-30)
a. Eliminating past sanctions is referred to as forgiving the sanctions.
b. Under limited circumstances, past sanctions may be forgiven, and the Department will no longer consider them in determining the amount and effect of future sanctions.
c. The forgiveness of past sanctions is only available during the first 60 months a household receives Reach Up benefits.
d. To have prior sanctions forgiven, a sanctioned participant must demonstrate 12 consecutive months of engaging in Reach Up services requirements.
e. Subsequent acts of non‐engagement by the participant, who has completed a successful 12‐month sanctions forgiveness period, shall be calculated without consideration of their prior forgiven sanctions.
2331 Notice and Appeal of Reach Up Services Decisions (08/01/2024, 23-30)
a. Reach Up applicants/participants have a right to notice (rule 2330.1) and appeal of actions the Department takes on their case or required actions the Department fails to take (rule 2330.2).
b. The Department shall provide notice to all applicants/participants of their right to appeal to the Human Services Board for a fair hearing concerning the Department's actions or inactions and shall provide them with notice of their rights and the procedures applicable to such appeals.
2331.1 Notice of Appeal Rights (08/01/2024, 23-30)
a. The Department shall provide all Reach Up applicants/participants with written notice of their appeal rights at the time of their application and each time they receive notice of any Department adverse action or decision.
1. Department adverse actions are decisions that may deny, modify, or terminate a Reach Up applicant's/participant's benefits.
b. The written notice shall include: 1. The reasons for the adverse action or decision; 2. How appeals may be initiated; 3. Where a person may obtain a copy of the Human Services Board rules; 4. Where to obtain legal assistance, if needed; and 5. How to obtain interpretation services, if needed.
2331.2 Grounds for Appeal of Reach Up Services Decision (08/01/2024, 23-30)
a. Generally, an applicant/participant that disagrees with the Department may appeal the following actions or inaction by the Department:
1. Denial of their claim for Reach Up benefits or services;
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2. Failure to act with reasonable promptness; 3. Actions that affect the applicant's/participant's receipt of benefits or services, including sanctions; 4. Implementation of Department policy, or lack thereof, that affects the applicant's/participant's situation; and 5. Required provisions included in the FDP. b. Appeals related to Reach Up eligibility decisions are covered in rule 2262.
2331.3 Appeal of Reach Up Services Decision (08/01/2024, 23-30)
a. A request for a fair hearing on an applicant's/participant's appeal of a Department decision must be made within 90 days of the mailing date of the notice of decision.
b. Except where indicated below, benefits continue without change if a participant requests a fair hearing before the effective date of the decision and wishes to have benefits continue during the appeal process.
1. A participant may request that the adverse action be implemented pending the outcome of the fair hearing.
c. If the effective date of the decision is on a weekend or holiday, a participant has until the end of the first working day immediately following the effective date of the decision to appeal the decision and receive continuing benefits.
d. If a participant is sanctioned for not engaging in the Reach Up services requirements, receive a notice of termination, and request a fair hearing before the effective date of the sanction related termination, benefits for the month must be reinstated at the participant's request to the current month's level, pending the outcome of the fair hearing.
1. Assistance for subsequent months is dependent on cooperating with the sanctions process (rule 2327).
e. If benefits continue at the same level and the Human Services Board decision is favorable to the Department, then any overpayment received by a participant pending the fair hearing will be subject to recoupment (rule 2219).
f. If a participant requests that benefits not be continued at the present level and the Human Services Board decision is favorable to the participant, the Department must retroactively pay any underpayments to the participant.
g. If a participant withdraws from the fair hearing process prior to the fair hearing, the Department will seek recoupment of any overpayment received by the participant because of the fair hearing request.
h. Benefits do not continue without change in the following circumstances:
1. The sole issue is one of state or federal law or policy, or change in state or federal law; 2. The participant requests not to receive continued benefits pending the fair hearing;
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3. An unrelated change affecting the benefits occurs while the fair hearing decision is pending, the change is processed, and the participant does not request a fair hearing after notice of that change; or 4. The request for a fair hearing is made within the 90‐day appeal period but not within the time period that allows benefits to continue pending appeal.
i. See rule 2262.4 related to continuation of benefits during a pending fair hearing related to protective payments.
2332 Reach Up Funding Sources (08/01/2024, 23-30)
a. Reach Up is funded by: 1. Federal Temporary Assistance for Needy Families (TANF) block grant funds; and 2. State maintenance‐of‐effort (MOE) funds.
i. Separate state programs (SSP) and segregated funds components are funded with state MOE.
b. Reach Up households whose benefits are funded, in part or in full, with TANF or MOE funds, are included in the calculation of the federal TANF work participation rate (WPR) for Vermont.
1. A specified percentage of these households must be meeting the federal TANF WPR through work activities.
i. The following households are excluded from the federal TANF WPR calculation: A. Households with no eligible adults;
B. Households in which at least one adult is sanctioned for non‐engagement with Reach Up requirements and has been sanctioned fewer than four of the past twelve months; or
C. Households in which a single custodial parent is caring for a child younger than 12 months.
2. Benefits received during these months count toward the 60‐month limit on federal TANF benefits.
c. Reach Up also includes solely state‐funded (SSF) programs that are funded with State funds and are not counted toward the State’s MOE requirement.
1. Reach Up households whose benefits are from SSF programs are not included in the calculation of the federal TANF WPR for Vermont.
d. Reach Up households are categorized by funding status one day before the 60% benefit issuance runs, issuing benefits for the future month.
1. The households who are meeting the federal TANF WPR are categorized as TANF funded or SSP
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funded.
2. The rest of the households are determined as not meeting the WPR and up to 3500 (this number can be adjusted, if necessary) are categorized as SSF.
3. After that day if it turns out that a household is determined to be meeting the federal TANF WPR, the household’s funding is then changed to SSP.
2332.1 TANF Exemption from 60‐Month Limit (08/01/2024, 23-30)
a. Vermont may exempt some Reach Up households funded by TANF and TANF‐MOE from the 60‐ month limit on federal TANF benefits due to hardship.
b. The maximum number of households the Department may exempt from the 60‐month limit due to hardship, called the hardship exemption maximum, is 20 percent of the average monthly number of households receiving Reach Up benefits during the previous federal fiscal year.
1. If the number of households meeting the hardship exemption criteria does not exceed the maximum, all households meeting the criteria qualify for a hardship exemption.
2. If the number of qualifying households exceeds the maximum for whom federal TANF funding is allowed, some may be assigned to a component funded with SSP‐MOE or an SSF program.
3. If the number of households meeting the hardship exemption criteria exceeds the maximum and households will be assigned to an SSF program, the Department selects households qualifying for the exemption according to rule 2334.
c. Reach Up households may qualify for a hardship exemption if they meet these criteria:
1. At least one member has received 60 or more months of federal TANF benefits as an adult; and
2. The household is fully engaging in Reach Up requirements, regardless of whether those requirements are deferred.
2333 Solely State‐Funded Programs (08/01/2024, 23-30)
a. The Reach Up solely state‐funded (SSF) programs are:
1. The Postsecondary Education Program (PSE); 2. The Young Child Deferment Component (rule 2333.1) of the Reach Up Program; 3. The Sanctioned Minor Parent Component (rule 2333.2) of the Reach Up Program; and 4. The Additional Support Component (rule 2333.3) of the Reach Up Program. b. The Department determines eligibility and benefits levels for PSE applicants/participants according to Reach Up rules and the PSE rules in 2400‐2427. c. The Department determines eligibility and benefit levels for SSF programs, other than PSE, according to the Reach Up and Reach Up Services rules in 2200‐2341.
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2333.1 Young Child Deferment Component (08/01/2024, 23-30)
a. Reach Up households assigned to the young child deferment component must include a parent ineligible for a federal exemption from the TANF WPR calculation, who is caring for a child younger than two years of age.
2333.2 Sanctioned Minor Parent Component (08/01/2024, 23-30)
a. Reach Up households assigned to the sanctioned minor parent component must include a minor parent sanctioned (rule 2319) for one of the following:
1. Residence in an unapproved living arrangement; or 2. Non‐engagement in the minor parent requirements.
2333.3 Additional Support Component (08/01/2024, 23-30) a. Reach Up households assigned to the additional support component must: 1. Include at least one member, who is ineligible for federal TANF benefits due to receipt of 60 or more months of such benefits as an adult and have not been selected for a hardship exemption (rule 2332.1); or 2. Not be meeting their federal TANF WPR requirement.
b. Assignment of households to this component because they are not meeting their federal TANF WPR requirement, is limited by the number of households whose assignment is required to meet federal TANF WPR targets plus 1 percent (rule 2334).
2334 Solely State‐Funded Assignment Rules (08/01/2024, 23-30)
a. Within the limitations specified in rules 2332.1 ‐ 2333, the Department shall assign households according to the following rules and in the following order:
1. The young child deferment component (rule 2333.1) and the sanctioned minor parent component (rule 2333.2).
2. The additional support component (rule 2333.3), if they do not meet the criteria for the hardship exemption (rule 2332.1).
3. The additional support component (rule 2333.3) or a SSP (rule 2335) one‐by‐one until the number of remaining households meeting the hardship exemption criteria is equal to or less than the hardship exemption maximum, assigning households with the smallest benefit first, if the number of households meeting the hardship exemption criteria exceeds the hardship exemption maximum (rule 2332.1).
i. Households qualifying for both the additional support component and a SSP shall be assigned to a SSP.
4. If Vermont’s average two‐parent WPR for the current federal fiscal year to‐date, including the month for which assignments are being made, is less than the federal target rate plus 1 percent, the Department shall assign households with two able‐to‐work adults, who are not meeting
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their federal TANF WPR requirement for either rate to the additional support component (rule 2333.3) one‐by‐one until the target rate plus 1 percent is met, assigning households in order of their benefit size with the smallest benefit first.
5. If Vermont’s average all‐families WPR for the current federal fiscal year to‐date, including the month for which assignments are being made, is less than the federal targetrate plus 1 percent, the Department shall assign households not meeting their federal TANF WPR requirement to the additional support component (rule 2333.3) one‐by‐one until the target rate plus 1 percent is met, assigning households in order of their benefit size with the smallest benefit first. 6. If, after the Department has adequately funded its SSF programs, funds claimed for the MOE remain available for SSP, other than programs with their own specified appropriation, the Department shall assign qualifying households to an SSP one‐by‐one until the MOE funds are exhausted or there are no more qualifying households, assigning households with the smallest benefit first.
2335 Separate State Programs (08/01/2024, 23-30)
a. The Department determines eligibility and benefit levels for a SSP according to the Reach Up and Reach Up Services rules.
b. Reach Up households assigned to a SSP must be meeting their federal TANF WPR requirement.
c. Assignment of households to a SSP is limited to availability of MOE funds.
2336 Child Support Distribution of SSF and SSP Households (08/01/2024, 23-30)
a. The Department will distribute the child support collected on behalf of SSF and SSP funded Reach Up households as it does for TANF‐funded Reach Up households whenever administratively feasible and in accordance with rule 2250.
b. Any variation from the distribution of child support for TANF households shall be to the advantage of the SSF or SSP household. 2337 Severability (08/01/2024, 23-30)
a. If any part of these Rules is held invalid by a court of competent jurisdiction, the invalidity shall not be construed to render the remaining parts of the Rules invalid.
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Table of Contents
2400 Postsecondary Education (PSE) ........................................................................................................ 3 2401 Definitions ........................................................................................................................................ 3 2402 Eligibility Process .............................................................................................................................. 5 2403 Application ....................................................................................................................................... 5 2404 Financial Eligibility ............................................................................................................................ 6 2404.1 Financial Eligibility Determination .......................................................................................... 6 2405 Non-Financial Eligibility .................................................................................................................... 7 2405.1 PSE Skills Assessment .............................................................................................................. 8 2405.2 Pre-Existing Undergraduate Degrees ...................................................................................... 9 2406 Development of a PSE Plan .............................................................................................................. 9 2406.1 PSE Degree Completion Requirements ................................................................................. 10 2406.2 Obtaining Approval of PSE Plan ............................................................................................. 11 2407 Pre-Participation Services .............................................................................................................. 11 2408 Prioritizing PSE Applicants ............................................................................................................. 12 2409 Financial Benefits ........................................................................................................................... 12 2410 Case Management Eligibility .......................................................................................................... 13 2411 Continuing Eligibility ....................................................................................................................... 13 2412 Annual Review ............................................................................................................................... 14 2413 Notice of Decision .......................................................................................................................... 14 2414 Case Management ......................................................................................................................... 15 2415 Availability of Case Management .................................................................................................. 15 2416 Case Management Services............................................................................................................ 15 2417 Support Services ............................................................................................................................. 16 2418 Change in Occupation, Major, Degree, or College ......................................................................... 16 2419 Change in PSE Degree Completion Requirement .......................................................................... 16 2420 Leaves of Absence .......................................................................................................................... 17 2421 Case Management During Leaves of Absence ............................................................................... 17 2422 Financial Benefits and Support Services During Leaves of Absence .............................................. 18 2423 Termination from the PSE Program ............................................................................................... 18 2424 Readmission after Withdrawal from the PSE Program .................................................................. 19 2425 Notice of Appeal Rights .................................................................................................................. 19
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2426 Severability..................................................................................................................................... 20
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2400 Postsecondary Education (PSE) (08/01/2024, 23-34)
a. The postsecondary education (PSE) program is a solely state-funded (SSF) program to assist parents in eligible households to obtain two- or four-year postsecondary undergraduate degrees.
b. The PSE program provides financial assistance, case management, and support services.
c. Eligibility is based on financial and non-financial criteria (rules 2406 and 2407).
d. The PSE program is not an entitlement program because participation for eligible applicants is limited to the availability of program funds.
1. If program funds are insufficient to serve all eligible applicants, prioritization for admission to the PSE program will be governed by rule 2408.
e. The Department may fund certain household’s PSE financial assistance with state funds claimed as Temporary Assistance for Needy Families (TANF) Maintenance of Effort (MOE) when such funding conforms to federal TANF law and the household is meeting the applicable federal work requirement with hours in postsecondary education or other federal work activity. 2401 Definitions (08/01/2024, 23-34)
a. The following definitions apply to the PSE program rules:
1. "Applicant" means a parent, who is applying for admission to the PSE program. 2. "Approved College" includes the term "college" and means any institution of higher education offering two-year or four-year postsecondary education degrees with priority given to those that are not for profit, including: i. Those certified by the State Board of Education as provided in 16 V. S. A. §176 - 176a; ii. Those accredited by the New England Association of Schools and Colleges or a comparable accrediting agency; iii. Those accredited by the Vermont State Board of Nursing as provided in 26 V. S. A. §1573-1574 and 1581; iv. Any legally authorized technical school, not including regional technical centers, that admits students, who have completed the twelfth grade or its equivalent and are accredited by: A. A nationally recognized accrediting agency or association; B. A state accrediting agency or association listed by the United States secretary of education pursuant to 20 U.S.C. §1085(c)(4) (P.L. 89-329); or C. Any other means of accreditation approved by the state board. 3. "Department" means the Vermont Department for Children and Families (DCF).
4. “Dependent child” means a child who is a Vermont resident, and:
i. Is under the age of 18 years; or
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ii. Is 18 years of age or older and a full-time student in a secondary school or attending an equivalent level of vocational or technical training and is reasonably expected to complete the educational program before reaching the age of 22 or is not expected to complete the educational program before reaching age 22 solely due to a documented disability.
5. “Family” means one or more dependent children living with one or both parents of such children. 6. “Field directly related to employment" means a field of study where employers are most likely to seek PSE graduates to fill positions in the occupation specified in the participant's PSE plan. i. Employers in this context refer to entities that employ individuals in the PSE participant's occupation at sites located in the labor market area where they plan to seek employment. 7. "Full-time" means forty (40) hours of work per week or a position requiring no fewer than thirty- five (35) hours of work per week that the employer defines as full-time. 8. "Labor Market Area" means the geographic area used by the Vermont Department of Labor, or the comparable agency in another state, if the PSE participant intends to seek employment out- of-state. 9. "Making Progress Toward a Degree" means an academic record of the PSE participant, during their participation in the program, that demonstrates the likelihood they will be able to: i. Satisfactorily complete the college's general requirements for attainment of a two-year or four-year postsecondary undergraduate degree and the specific requirements for completion of the field of study specified in the PSE plan; and ii. Complete these requirements within the schedule in the PSE plan for completion of the degree, taking into consideration extensions approved in accordance with rule 2421. 10. "Matriculating or Matriculated Student" means: i. A PSE applicant, who is attending or has been accepted and registered for classes at a two- year or four-year postsecondary undergraduate degree program; or ii. A PSE applicant, who plans to attend the Community College of Vermont (CCV) and has completed the CCV application and the federal financial aid application and: A. Provided prior transcript with college level course success; B. Provided documentation of the College Readiness Assessment with no requirement to take basic skills courses; or C. Provided documentation of the successful completion of basic skills courses. 11. "Occupation" means a specific job title or cluster of related job titles, as listed in the Dictionary of Occupational Titles, the Occupational Information Network, the Occupational Outlook Handbook, or other relevant employment-related services or publications. 12. "Parent" means the same as in 15C V.S.A. § 102(16) or a stepparent, who resides in the same household with a dependent child no less than 50 percent of the time in accordance with a shared custody agreement or order, pursuant to Reach Up Eligibility rule 2224.
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i. This term includes individuals who have entered into civil unions. ii. This term does not include a pregnant person or caretaker relatives.
13. “PSE Household” means a family with a PSE participant.
14. "PSE Participant" means a parent who is receiving financial assistance, case management or support services through the PSE program in a PSE household. 15. "Postsecondary education (PSE)" means courses taken at an approved college by a matriculated or matriculating student.
16. "Satisfactory Academic Standing" means achieving the requirements determined by the academic policies of the college the PSE participant is attending. 2402 Eligibility Process (08/01/2024, 23-34)
a. The eligibility process for PSE consists of the following steps an applicant takes to request benefits and the Department follows to determine eligibility and payments:
1. An application is needed to determine whether the applicant meets the financial and non- financial eligibility requirements for the PSE program, which includes:
i. Verification of necessary information related to eligibility conditions; and
ii. An interview to clarify information provided on the application, review of the rights and responsibilities of PSE participants and the Department, and an explanation of available case management services. 2. Agreement by all applicants to certain non-financial eligibility requirements that are specific to the PSE program;
3. Pre-PSE participation services may be provided to the PSE applicant, which include consultation with a case manager, assistance with the application and development of the PSE plan (rule 2406). 4. Department approval of the PSE plan;
5. Determination of initial or continuing financial and case management eligibility and the amount of PSE benefits; 6. Written notice to applicants and participants of eligibility decisions; 7. Authorization and payment of benefits for which applicants and participants are found eligible; and 8. Case manager assignment by the Department. 2403 Application (08/01/2024, 23-34)
a. A signed PSE application is required to request PSE financial assistance and services.
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b. Such application may be obtained online or by calling, writing, or visiting any of the Department’s offices.
c. Assistance in completing all parts of the application shall be available through Department district offices, pursuant to rule 2407. 2404 Financial Eligibility (08/01/2024, 23-34)
a. To proceed with the application process, the Department must first determine that the applicant meets the requirements for financial eligibility for the PSE program. b. The applicant shall complete a financial eligibility application, including provision of documentation to support a determination of financial eligibility. c. Applicants for PSE benefits must meet the same financial eligibility qualifications as Reach Up applicants according to Reach Up Eligibility rules. 1. The 60-month time limit (Reach Up Eligibility rule 2234) does not apply to PSE recipients.
d. PSE benefits shall be accepted in lieu of Reach Up benefits, if the PSE participant is eligible for Reach Up benefits.
1. PSE participants currently receiving Reach Up benefits through vendor payments, due to difficulty in money management (Reach Up Eligibility rule 2220.1), must consent to continued vendor payments until such time as the household's essential expenses are current. e. PSE participants who receive PSE benefits shall assign all child support rights to the Department. 1. The PSE participant shall apply for services from the Vermont Office of Child Support (OCS), if not already receiving such services, and cooperate fully with the OCS in their efforts to collect the assigned support. 2. The Department shall deny or terminate benefits to PSE participants who fail or refuse to apply for services from OCS.
3. Noncooperation with OCS shall result in a 25% reduction of the PSE household's benefit (Reach Up Eligibility rule 2232.2).
2404.1 Financial Eligibility Determination (08/01/2024, 23-34)
a. Applicants shall demonstrate financial eligibility for the thirty-day period preceding the date of application.
b. Gross income shall be the basis for determining financial eligibility for the PSE program.
c. Verification of income shall be provided in accordance with Reach Up Eligibility rules 2208.3.
d. The household's gross income minus the PSE participant's earnings shall not exceed 150 percent of the federal poverty level for the applicant's household size.
e. Income shall be determined using Reach Up Eligibility rules 2248 - 2249.
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2405 Non-Financial Eligibility (08/01/2024, 23-34)
a. All financially eligible households that apply to participate in the postsecondary education program must meet the following non-financial eligibility conditions:
1. The applicant does not have a postsecondary undergraduate degree or, if the applicant already has a pre-existing postsecondary undergraduate degree, must meet the criteria in rule 2405.2. 2. The applicant is a matriculating or matriculated student in a two-year or four-year postsecondary undergraduate degree program or a CCV applicant and provides the required documentation in rule 2401(09).
3. Applicants who have applied to but have not yet been admitted to a postsecondary undergraduate degree program shall not be eligible for the PSE program until they provide documentation of admission.
4. The applicant has been determined eligible for financial assistance from Vermont Student Assistance Corporation (VSAC), provides documentation of this eligibility, and can demonstrate the ability to cover tuition costs.
5. The applicant agrees to limit employment to no more than 20 hours per week when school is in session.
i. At the PSE participant's request, an exception to the 20-hour limitation may be granted when the case manager has determined that both of the following requirements are met: A. The increase in hours will not delay the student’s progress or timeframe in obtaining the degree; and
B. The additional hours of employment are in a position that either will result in credits toward the PSE participant’s degree or enhance their marketability in the field or their course of study.
C. This 20-hour limitation on hours of employment shall not apply during vacations, periods between terms or semesters, summer sessions, periods in which the PSE participant has been granted an exception, or any other term in which they are not taking any courses.
6. Applicants/participants are not permitted additional hours of employment when school is in session if they are providing care in the following special situations:
i. Single-parent applicants/participants shall be considered to be employed 20 hours per week when they are providing:
A. Specialized foster care;
B. Professional parenting, or the equivalent to children in the custody of the
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Department; or
C. Professional parenting, or the equivalent to children not in the Department’s custody but placed in foster care by a licensed child placement agency and receiving additional compensation for those services.
ii. An applicant/participant, who is the contracted developmental home provider for an individual placed by the Department of Disabilities, Aging, and Independent Living (DAIL) or a developmental or mental health services agency under contract with DAIL, shall be considered to be employed 20 hours per week. 7. The applicant and the applicant's household are Vermont residents (Reach Up Eligibility rule 2229).
8. The PSE participant continues to reside with and have physical custody of a dependent child.
9. If the applicant already is engaged in a two-year or four-year postsecondary undergraduate degree program at the time of application, the applicant is in good academic standing and provides documentation.
10. During the last year of the degree program, the PSE participant shall seek employment using the services of the college’s career placement office or if no placement office exists, the PSE participant shall seek employment using the services of the Department of Labor’s local career resource center.
2405.1 PSE Skills Assessment (08/01/2024, 23-34)
a. As part of the application process, the Department shall assess the applicant’s basic skills in reading, writing, and mathematics to evaluate their ability to participate successfully in the PSE program.
b. Such skills assessment may be waived when the applicant’s record contains sufficient information to make this evaluation without the assessment, including the following:
1. High school transcript;
2. Rank in high school class;
3. GED transcript;
4. Responsibilities of jobs held;
5. Responsibilities of volunteer work performed;
6. Recommendations of teachers or employers; or
7. Scores from standardized tests. c. If the skills assessment indicates that the applicant does not have the basic skills necessary to participate successfully in the PSE program, the applicant shall not be eligible for the PSE program. d. Applicants who do not have the basic skills necessary to participate successfully in the PSE program shall be referred, as appropriate, to Reach Up or VSAC for support for basic skills courses.
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2405.2 Pre-Existing Undergraduate Degrees (08/01/2024, 23-34)
a. Applicants are not eligible for the PSE program if they already have a postsecondary undergraduate degree unless they meet one of the following exceptions:
1. If the applicant states that they are unable to perform the occupation for the pre-existing undergraduate degree because of a disability, the applicant shall submit medical evidence of the disability and evidence of its effect on their ability to perform the occupation.
i. The Department may request the services of a consultant if it is unable to make a determination based on the documentation provided by the applicant. 2. If the applicant states that the occupation for the pre-existing undergraduate degree is obsolete or outdated and not marketable in the current labor market, the Department shall make a determination including consideration of the following factors: i. Current licensing requirements for a particular occupation cannot be met by the applicant's previously obtained degree and those deficiencies cannot be remedied by taking current courses in a non-degree program; or ii. A person currently pursuing the same occupational goal would be required to complete substantially different requirements from those included in the previously obtained degree and those deficiencies cannot be remedied by taking current courses in a non-degree program. 2406 Development of a PSE Plan (08/01/2024, 23-34)
a. Each PSE plan shall include the following:
1. The name and location of the college at which the applicant or participant is matriculating or matriculated;
2. A statement of the occupational goal the applicant or participant intends to pursue after receiving the postsecondary undergraduate degree and why they wish to pursue this occupation;
3. The labor market area in which the applicant or participant plans to seek employment;
4. The field directly related to employment in which the applicant or participant proposes to complete the postsecondary degree;
5. The supporting information that demonstrates the necessary connection between the employment goal and the field of study, including:
i. The job titles for other occupations that can be pursued with this degree and field of study;
ii. A description of the career exploration activities the applicant or participant has completed to gather this information; and
iii. A justification for the need of a four-year degree to achieve the occupational goal, if the
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applicant or participant is seeking a four-year degree in a field in which a two-year degree is commonly accepted for entry into the occupation.
6. The estimated cost per semester or academic term, including tuition and fees that apply to all students, and the financial resources the applicant or participant plans to use to pay for these costs; and
7. The number of hours scheduled for class time, the estimated number of hours needed for studying and preparing coursework outside of the classroom, and the method of documenting and verifying actual hours of participation and satisfactory progress.
b. The Department may require inclusion in the PSE plan of one or more of the following activities to strengthen the link between the chosen field of study and the attainment of the stated occupational goal:
1. Paid employment;
2. Work-study position;
3. Practicum;
4. Internship;
5. Clinical placement;
6. Laboratory or field work; or
7. Some other paid or unpaid work activity or experience that will substantially enhance the applicant or participant’s employability in the occupation specified in the PSE plan.
2406.1 PSE Degree Completion Requirements (08/01/2024, 23-34)
a. PSE participants shall complete their PSE degrees according to a schedule that ensures they will complete the coursework necessary in the following time-frames:
1. A two-year postsecondary undergraduate degree must be completed within three years;
2. A four-year postsecondary undergraduate degree must be completed within five years; or
3. A different time period if the below criteria are met:
i. When an applicant has at least 15 credit hours of course credits that can be applied to the degree being pursued, four months will be deducted for every 15 credit hours;
ii. When a participant, who has already obtained a two-year postsecondary undergraduate degree through participation in the PSE program is pursuing a four- year postsecondary undergraduate degree, the time period that was used to obtain the two-year degree is subtracted from the five-year time period;
iii. When the applicant has provided documentation, to the satisfaction of the Department, that additional time is necessary for completion due to the applicant’s
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disability; or
iv. When subsequent changes to the PSE degree completion requirement are made pursuant to rule 2419.
b. The schedule should reflect consideration of and address the individual’s existing circumstances and responsibilities that may reasonably affect their ability to maintain the completion requirement and eligibility.
c. Each month in which the participant receives PSE financial benefits or PSE support services shall be counted as part of the three-year or five-year completion requirements for PSE participation, regardless of whether the participant was taking one or more courses during that month.
1. This shall include any month during a leave of absence pursuant to rule 2420 for which the participant receives PSE financial benefits or PSE support services.
2406.2 Obtaining Approval of PSE Plan (08/01/2024, 23-34)
a. A case manager shall review each PSE plan with the applicant or participant. b. The applicant shall not be eligible for the PSE program when the PSE case manager makes a determination that the applicant can achieve entry into the proposed occupation, or into a substantially similar occupation, by completion of an education and/or training program, whose duration is 12 or fewer months. c. The PSE case manager, together with their supervisor, shall approve, disapprove, or make recommendations for modifications to the PSE plan and provide notice of the decision (rule 2413). 1. The applicant or participant shall receive a copy of the case manager's recommendations for modifications. 2. The PSE plan shall be deemed disapproved if, within 30 days of receiving the PSE case manager's recommendation for modification, the applicant or participant does not submit a modified PSE plan and does not appeal the request for modification. d. If the PSE case manager disapproves or recommends modifications to the PSE plan, the applicant or participant shall be notified of their appeal rights.
e. Each applicant or participant shall propose modifications to the PSE plan when necessary to respond to a recommendation for modification or to support a requested change, as specified in rule 2418. 2407 Pre-Participation Services (08/01/2024, 23-34)
a. Prior to the initiation of case management services, the Department may assist the PSE applicant with:
1. Completion of all aspects of the financial and non-financial eligibility; 2. Development of the initial PSE plan; 3. Determination of the amount of the PSE financial benefit; 4. Identification of majors or fields of study that are the most closely related to the applicant's
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occupational goals; 5. Identification of colleges that offer the most appropriate programs to meet the applicant's occupational goals, taking into consideration household obligations and financial constraints; 6. Application for financial benefits; and 7. Coordination with Department case managers for applicants, who are recipients of Reach Up benefits. 2408 Prioritizing PSE Applicants (08/01/2024, 23-34)
a. If program funds are insufficient for all otherwise eligible applicants to participate, participation in the program shall be granted to applicants in the following order:
1. Applicants without a college degree or who qualify for an exception under rule 2405.2 who also:
i. Have demonstrated the ability to be successful in college by accumulating college credits that can be applied to the degree sought; and
ii. Qualify for PSE financial benefits. 2. Applicants who have had no postsecondary education and who qualify for PSE financial benefits. 3. Applicants without a college degree or who qualify for an exception under rule 2405.2 who also: i. Have already demonstrated the ability to be successful in college by accumulating college credits that can be applied to the degree sought; and ii. Qualify for case management services, but do not qualify for PSE financial benefits. 4. Applicants who have no postsecondary education and qualify for case management services, but do not qualify for PSE financial benefits. 5. If the number of eligible applicant households in the priority group under consideration exceeds the number of openings for PSE, program eligibility will be determined by random selection from that group. 2409 Financial Benefits (08/01/2024, 23-34)
a. PSE households determined to be otherwise eligible for financial benefits under the applicable Reach Up Eligibility rules for income and resources shall receive PSE financial benefits equivalent to the Reach Up financial benefit for which they would have been eligible.
b. The amount of PSE financial benefits shall be determined and verified by the Reach Up Eligibility rules. 1. The initial amount of PSE financial benefits shall be determined at the time of admission into the PSE program and shall be recalculated if the household's circumstances change. 2. The initial financial benefit payment shall be effective on the first day of the calendar month in which the PSE participant begins attending classes in the degree program, unless they fall within the exception in (3) below. i. A household may not receive a PSE financial benefit and a Reach Up financial benefit for the same calendar month.
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3. If the deadline for the decision on an application was extended pursuant to rule 2413 and there is insufficient time to terminate Reach Up benefits prior to the first day of the month in which the PSE participant begins attending classes in the undergraduate degree program, Reach Up benefits shall continue for that month in lieu of PSE benefits. i. PSE benefits shall begin in the month following termination of Reach Up benefits. 4. Subject to notice requirements, eligibility for PSE benefits ends with the calendar month in which the PSE participant: i. Begins an interruption in the program participation; ii. Receives the two-year or four-year degree specified in the PSE plan; or iii. The household becomes ineligible due to changes in the household's circumstances. c. All Reach Up Eligibility rules pertaining to eligibility and payment apply to the PSE program and are hereby incorporated into the PSE rules with the following exceptions: 1. Deadline for Application Processing, Reach Up Eligibility rule 2207.3; 2. Benefit Payment, Reach Up Eligibility rule 2214.1; 3. Temporary Absence from the Home, Reach Up Eligibility rule 2228; and 4. Appeal of Reach Up Decision, Reach Up Eligibility rule 2262.3(b) and (c). 2410 Case Management Eligibility (08/01/2024, 23-34) a. All applicants who qualify for the PSE program are eligible for case management services. 1. Applicants who qualify for participation in the PSE program but do not qualify for PSE financial benefits may receive case management services.
b. A qualifying applicant/participant who is no longer eligible for PSE financial benefits due to a change in circumstances may continue to be eligible for case management during the academic year in which the loss of eligibility occurred and until the date of their next annual recertification, provided they meet all the criteria at rule 2405. 2411 Continuing Eligibility (08/01/2024, 23-34)
a. PSE financial benefits and case management services continue, as authorized, until changed or terminated due to:
1. Change in circumstances (rules 2404 and 2405);
2. Expiration of the annual review period; or
3. Participant not providing information to complete the annual review (rule 2412).
b. Continuing eligibility for financial benefits is determined using Reach Up Eligibility rules governing reported changes (Reach Up Eligibility rule 2211) when they occur and at the annual review.
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c. The participant's PSE plan (rule 2406), which includes non-financial eligibility requirements, shall be reviewed and revised as needed. 2412 Annual Review (08/01/2024, 23-34)
a. The Department shall conduct an annual review to determine continuing financial and non-financial eligibility for the PSE program and to determine the amount of any financial benefits.
b. The annual review follows the same eligibility process and financial and non-financial eligibility as indicated in rules 2403, 2404, and 2405. c. Changes in PSE financial benefits, resulting from the annual review, shall be made as soon as administratively possible.
d. Participants who qualify for the PSE program but do not qualify for PSE financial benefits may receive case management services.
e. The annual review shall be final when all the following actions have been completed:
1. Written notice of the Department's decision has been made available to the participant, including eligibility for case management services; and
i. An increase of financial benefits has been made available to the participant; or
ii. Authorization to terminate or reduce financial benefits has been processed. 2413 Notice of Decision (08/01/2024, 23-34)
a. Written notice of the decision on the financial eligibility application shall be given to the applicant within 30 days of the date the signed financial eligibility application was received. b. If financial eligibility is approved, the notice shall include the date on which eligibility for the PSE program will begin, the amount of financial benefits, and the applicant's appeal rights. 1. An applicant may be financially eligible, but receive no PSE financial benefits, due to household income that is above the Reach Up financial eligibility limit. c. If financial eligibility is denied, the notice shall include the reasons for the denial and information on the applicant's appeal rights.
d. Written notice of the decision on the nonfinancial eligibility application shall be made within 30 days of the date the initial or modified PSE plan was received or within 30 days of the date of the written notice of decision on the financial eligibility decision, whichever occurs later. e. If the applicant meets the PSE eligibility requirements but is denied admission under the PSE applicant prioritization stated in rule 2408, the applicant shall be informed that their application will be kept on file. 1. Applicants who request that the application on file be considered in the future may be required to update the application and will be subject to the same determination and priority criteria as an
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applicant submitting a new application.
f. Written notice of the PSE annual review decision shall be provided to the participant within 30 days of the date when the financial eligibility application was received.
1. The notice shall inform the participant whether they continue to be eligible for the PSE program and the amount of PSE financial benefits.
2. If the participant is no longer eligible for the PSE program the notice will include the reasons for these decisions and information on appeal rights. 2414 Case Management (08/01/2024, 23-34)
a. Case management is the primary connection between participants and the PSE program.
b. Case managers shall work closely with participants to maximize the likelihood that they will complete the PSE program successfully.
c. Case managers will assist with eligibility determinations, revision and review of PSE plans, and career planning.
d. Case managers shall provide other assistance and support, including referrals, in areas such as academic advice, financial aid, social services, and other State or federal benefit programs. 2415 Availability of Case Management (08/01/2024, 23-34)
a. Case management shall be available to all PSE participants from one month prior to the beginning of the academic term in which they will be taking classes until the month they complete the postsecondary undergraduate degree specified in their current PSE plan. b. Case managers shall meet in person or by telephone at least monthly, or more often as needed, with each participant to review academic progress, offer support services, and assist with PSE program participation.
1. These meetings will be held in partnership with the college identified in the participant’s current PSE plan and include academic advisors and other faculty, as needed. 2416 Case Management Services (08/01/2024, 23-34)
a. Case management services include: 1. Assisting with the review and modification of PSE plans; 2. Assisting participants in identifying majors or fields of study most closely related to their occupational goal, when a change in goal is proposed; 3. Assisting participants in identifying colleges offering the most appropriate programs to meet their occupational goal, taking into consideration household obligations and financial constraints, when a change in goal is proposed; 4. Assisting with identifying appropriate resources for academic advice and counseling;
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5. Considering and authorizing requests for support services;
6. Arranging support groups or informational workshops for participants; 7. Scheduling annual review of continuing eligibility for the PSE program; 8. Considering and determining whether there is good cause for a leave of absence (rule 2420) in PSE program participation and whether changes to the PSE degree completion requirement should be granted (rule 2419); 9. Assisting PSE households in obtaining and maintaining community-based social services; 10. Referring PSE households to other State and federal benefit programs for which they may be eligible; 11. Assisting participants in applying for financial assistance, including tuition for summer programs available through VSAC; 12. Providing participants with information and referrals to career placement services; and 13. Maintaining participant records. 2417 Support Services (08/01/2024, 23-34)
a. Support services shall be provided within the limits of funds available to all PSE participants, as established by the Reach Up support services matrix, regardless of whether they are financially eligible to receive PSE financial benefits. b. Requests for support services shall be submitted to the participant's case manager. c. If the request for a support service is denied, the participant shall be given written notice of the denial, including the reasons for the denial and information about the participant's right to appeal. 2418 Change in Occupation, Major, Degree, or College (08/01/2024, 23-34)
a. The participant may apply to change the occupation, major, field of study, postsecondary undergraduate degree, or college specified in the PSE plan, as long as they can demonstrate the ability to complete the degree within the PSE degree completion requirements (rule 2406.1).
b. If the participant proposes a change in occupation, major, field of study, degree, or college, the PSE case manager and, if applicable, the academic advisor shall approve the proposed change. 2419 Change in PSE Degree Completion Requirement (08/01/2024, 23-34)
a. PSE participants may request an extension to their PSE degree completion requirement (rule 2406.1). b. The completion requirement may be extended for verified good cause reasons that are beyond the participant's control including: 1. The need to care for a family member with special needs; 2. A serious physical or mental health problem of an expected duration of greater than two weeks; 3. A learning disability;
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4. The effects of domestic violence; 5. The death, serious illness or accident of an immediate family member or person residing in the household; 6. The unavailability of courses essential to the major, field of study or for general requirements of the college in a particular semester; or 7. Some other equally disruptive set of circumstances, as determined by the case manager and approved by the Department. c. When a participant does not complete or receives a failing grade for a course, the case manager shall meet with them to determine if it is necessary to change the current PSE plan schedule to enable them to meet the requirements in rule 2406.1. d. A participant pursuing a two-year postsecondary undergraduate degree shall be granted only one additional semester for good cause beyond the applicable completion requirement. e. A participant pursuing a four-year postsecondary undergraduate degree shall be granted only two additional semesters for good cause beyond the applicable completion requirement. 2420 Leaves of Absence (08/01/2024, 23-34)
a. A participant may take a leave of absence for up to 12 consecutive months from the PSE program for any reason.
b. The participant must notify the PSE case manager prior to taking the leave of absence to prevent the absence from being considered a de facto withdrawal from the PSE program.
c. If all applicable financial and non-financial eligibility requirements are met (rules 2404 and 2405), a participant shall be readmitted to the PSE program for the academic semester that immediately follows the end of the leave of absence.
d. A participant who is not readmitted into the PSE program for the academic semester immediately following the end of the leave of absence shall be considered to have withdrawn from the program. e. Time taken for leaves of absence shall not count against the applicable PSE degree completion requirements (rule 2406.1), except for any month during the leave of absence in which the participant receives PSE financial benefits or PSE support services. 2421 Case Management During Leaves of Absence (08/01/2024, 23-34)
a. While PSE financial benefits do not continue during any leaves of absence from PSE, limited case management through the PSE program shall be available for participants.
b. Case management shall be provided at the request of the participant during leaves of absence.
c. Monthly case management meetings are not required during PSE leaves of absence.
d. The focus of case management during PSE leaves of absence shall be to assist the participant with successful reentry to the PSE program. e. Case management shall be provided by a participant's Reach Up case manager if they receive Reach
Vermont Department for Children and Families Postsecondary Education Rules Economic Services Division
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Up benefits during PSE leaves of absence. 2422 Financial Benefits and Support Services During Leaves of Absence (08/01/2024, 23-34)
a. PSE financial benefits and PSE support services shall not continue for households during leaves of absence from the PSE program. b. Households on leaves of absence from the PSE program may receive Reach Up benefits if they meet the Reach Up eligibility requirements. 2423 Termination from the PSE Program (08/01/2024, 23-34)
a. Participants shall receive notice of termination from the PSE program for the following reasons:
1. Not meeting the financial (rule 2404) or non-financial eligibility requirements (rule 2405);
2. Not cooperating or providing documentation, without good cause, with an annual review (rule 2412);
3. Not making progress toward a degree, which cannot be cured by changes in the PSE degree completion requirement (rule 2419);
4. Not maintaining good academic standing (rule 2405);
5. Not cooperating with PSE program requirements;
6. Voluntary withdrawal from the PSE program or from college, unless the participant plans to attend a different college and the change in college has been approved pursuant to rule 2418;
7. De facto withdrawal from the PSE program;
8. A determination that an affirmative initial financial eligibility or recertification decision was incorrect due to inaccurate or incomplete information regarding the household’s income; or
9. Not maintaining physical custody of and residency with a dependent child.
i. Termination of financial benefits shall occur immediately following proper notice.
ii. Termination of case management services will occur at the end of the semester during which the parent is determined to no longer qualify for the program.
b. The PSE case manager shall notify participants they will receive a notice of termination from the PSE program unless they provide documentation within 30 days to demonstrate compliance with the following requirements:
1. Limitation on employment (rule 2405);
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2. Vermont residency (rule 2405);
i. A participant may receive extensions of 30 days at a time to comply with the residency requirement if:
A. The reason for change of residency was for a verified good cause reason beyond the participant’s control; and
B. The participant intends to return to Vermont. 2424 Readmission after Withdrawal from the PSE Program (08/01/2024, 23-34)
a. A participant who has been terminated from the PSE program due to a voluntary or de facto withdrawal from the program may be readmitted to the PSE program once within their lifetime.
b. As part of the readmission process, the months in which the participant previously received PSE financial benefits or PSE support services shall count towards their PSE degree completion requirement (rule 2406.1). 2425 Notice of Appeal Rights (08/01/2024, 23-34)
a. The Department shall provide all PSE applicants and participants with written notice of their appeal rights at the time of their application and each time they receive notice of any department adverse action or decision.
1. Department adverse actions are decisions that may deny, modify or terminate a PSE applicant's or participant's eligibility.
b. The written notice shall include:
1. The reasons for the adverse action or decision;
2. How appeals may be initiated;
3. Where a person may obtain a copy of the Human Services Board rules;
4. Where to obtain legal assistance, if needed; and
5. How to obtain interpretation services, if need.
c. Applicants and participants have the right to appeal decisions relating to all aspects of their eligibility for the PSE program and the right to request a fair hearing before the Human Services Board.
1. A request for a fair hearing on an applicant's or participant's appeal of a Department decision must be made within 90 days of the mailing date of the notice of decision.
d. When adverse action results in termination of eligibility for the PSE program the Department shall mail notice of the determination to the participant at least 10 days before the effective date of the adverse action.
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e. When an action terminating a PSE program benefit based on non-financial eligibility criteria is appealed, the benefit shall not continue at the prior level pending the outcome of the appeal.
1. Retroactive coverage shall be provided in any case in which the Human Services Board reverses the action that was appealed.
f. When an action reducing or terminating PSE financial benefits is limited to and based on the household's income, resources or both, a request for a hearing, either verbal or written, made within 10 days of the mailing date of a notice of decision to decrease or terminate benefits may preclude the Department from implementing the proposed adverse action.
1. Reach Up rule 2262 is applicable to continuing benefits, recoupment, and retroactive payments. 2426 Severability (08/01/2024, 23-34)
a. If any part of these Rules is held invalid by a court of competent jurisdiction, the invalidity shall not be construed to render the remaining parts of the Rules invalid.
TABLE OF CONTENTS 2500 Reach Ahead 2501 Definitions 2502 Eligibility 2503 Program Participation 2504 Food Assistance Benefit 2505 Services Component 2506 Notice and Appeal
Vermont Department for Children and Families Economic Services Division Reach Ahead Rules 2500 Reach Ahead 2500 Reach Ahead (7/1/2015, 15-08) The Reach Ahead program assists employed families with unsubsidized earnings who have recently left Reach Up or the Postsecondary Education program. The purpose of the program is to assist these families in their transition from public assistance and to help them maintain employment by providing work supports and incentives. Reach Ahead is designed to improve family financial stability while the family transitions off of public assistance by providing work supports, services and food assistance. Reach Ahead provides information and referrals to workforce development options, time-limited work supports, and food assistance. Participation in this program is limited to no more than 24 months in a participating adult’s lifetime. When necessary, Reach Ahead provides individualized case management that addresses the individual participant’s situation or barriers to self sufficiency and assists the participant to maintain employment.
Vermont Department for Children and Families Reach Ahead Rules Economic Services Division 2501 Definitions 2501 Definitions (03/01/2017, 17-02) Reach Ahead terms are either defined in Reach Up rules and incorporated into Reach Ahead rules or defined in this section. A. The following Reach Ahead terms are defined in Reach Up rule 2301 and incorporated into Reach Ahead rules by this reference: 1. Adult 2. Barrier 3. Caretaker 4. Commissioner 5. Department 6. Dependent Child 7. Living with a relative or caretaker 8. Parent 9. Relative 10. Temporary Assistance to Needy Families or TANF B. The following definitions apply to these terms as used in Reach Ahead program rules: 1. “Eligible family” means a family that meets the requirements in rule 2502 and a. has one or more dependent children living with one or both parents or a relative or caretaker of such children (the temporary absence criteria defined in Reach Up rule 2230.3 are incorporated into Reach Ahead rules by this reference); or b. is a pregnant individual who is in her last month of pregnancy, in her final trimester of a medically verified high risk pregnancy, or in her final trimester of pregnancy and is under age 18. 2. “Food assistance” means a monthly financial assistance benefit in the form of food support. If receiving food stamps, the food assistance may supplement the family’s food stamp benefit. 3. “Participant” or “participating adult” means an adult member of a participating family. 4. Participating family” means an eligible family that participates in the Reach Ahead program. 5. “Reach Ahead services” means the service component of the Reach Ahead program consisting of case management services, support services, and referrals provided to eligible families to assist them in maintaining self-sufficiency. 6. “Reach First” means Vermont’s diversion program established under chapter 10 of title 33 of the Vermont Statutes Annotated and operated in accordance with Reach First rules 2100 to 2199. 7. “Reach Up” means Vermont’s financial assistance program established under chapter 11 of title 33 of the Vermont Statutes Annotated and operated in accordance with Reach Up rules 2200 to 2399.
INTERPRETIVE MEMO [X] Reach Ahead Rule Interpretation [ ] Procedural Instruction This memo remains effective statewide until it is specifically superseded – either by a subsequent memo or by a contradictory rule with a later date. Please file in your manual facing the page indicated below. Facing page 2502 Effective date of this memo 4/1/2016 Page 1 of 1 This memo: [X] is new [ ] Replaces one dated Question: If a Reach Ahead participant is meeting the work requirement, and we receive information that the participant has a job(s) in addition to the employment that has already been reported, should the participant’s Reach Ahead benefits close for non- cooperation if they do not return verification of the other job(s)? Answer: No. A Reach Ahead participant who is meeting the work requirement should not be terminated from Reach Ahead for failing to return verification of additional jobs. If Reach Ahead is the only program in which the participant is receiving benefits, a 218E does not need to be sent to the participant.
Vermont Department for Children and Families Reach Ahead Rules Economic Services Division 2502
Eligibility
2502 Eligibility (03/01/2017, 17-02)
In addition to the eligibility criteria enumerated below, Reach Ahead eligibility is limited to families who met the financial and non-financial eligibility qualifications for and received financial assistance from Reach Up or the Postsecondary Education Program. The 60-month time limit (rule 2238) does not apply to Reach Ahead eligibility.
2502.1 Initial Eligibility
To initially qualify for Reach Ahead, families must meet all of the following eligibility criteria.
A. Meet the definition of family; B. live in Vermont; C. leave the Reach Up or Postsecondary Education Program on or after April 1, 2009 and apply for Reach Ahead within the six months directly following the last month in which the family received financial assistance in Reach Up or the Postsecondary Education program;
D. be receiving income from unsubsidized employment; and
E. include at least one work-eligible adult who is meeting the full, unmodified Reach Up work requirement applicable to the family’s size and composition as established in Reach Up rule with hours in unsubsidized employment.
2502.2 Ongoing Eligibility
After the determination of initial eligibility, the family must continue to meet the following eligibility criteria for the duration of participation in the program.
A. Meet the definition of family; B. live in Vermont; C. Provide verification under Reach Up rules at the times specified below:
1. If there is no change in work hours or family members after eligibility is determined, the work eligible adult(s) meeting the work requirement shall verify work hours and income at 6-month intervals of consecutive months of participation. If feasible, income verification may be done at the same time as food stamps recertification.
2. If there is a change in the family members or the work hours of the work-eligible adult(s) in the family, the family must notify the department of the change within the timeframes required by Reach Up rules and, if necessary, the department will determine if there is ongoing eligibility or a change to the work requirement.
D. Failure to provide verification when requested and in accordance with these rules will result in termination from the program.
2502.3 Resumption of Eligibility After a Break in Participation
A. A break in Reach Ahead participation occurs when the family does not receive any food assistance in a month.
Vermont Department for Children and Families Reach Ahead Rules Economic Services Division 2502 p.2
Eligibility
B. Families who experience a break in Reach Ahead participation for one or more months must file a new application.
C. Families applying for Reach Ahead after a break in benefits for one or more months must meet all initial eligibility criteria.
This subsection applies only to families that experience a break in Reach Ahead participation and are not transferred to Reach First or Reach Up pursuant to subsection 2502.4 below.
2502.4 Transition to Other Programs
If a family loses employment meeting or exceeding the work requirements for Reach Up for the family's size and composition and is financially eligible for Reach Up, the family shall be transferred to Reach First or Reach Up without an additional application process, unless the family chooses not to participate. Verification of income or other documentation may be required as provided for in Reach Up rule 2211.3.
Vermont Department for Children and Families Economic Services Division Reach Ahead Rules 2503 Program Participation 2503 Program Participation (7/1/2015, 15-08) A. Participation in Reach Ahead 1. Participation in Reach Ahead is limited to 24 months of a participating adult’s lifetime. 2. The 24 months of participation are cumulative and do not have to be consecutive. B. Participation in Blended Families 1. A blended family is a family that is in Reach Ahead and includes two work-eligible adults who have differing numbers of remaining months of Reach Ahead eligibility because one or both of the adults have previously participated in the program when they were not in the same family. 2. In blended families, the family’s eligibility is determined by the eligibility of the head of the household. 3. Eligibility and benefits for blended families in which only one of two participating adults is eligible due to the other adult having used his or her lifetime limitation shall be based upon the eligibility of the head of the household. 4. Any month of participation by a family with two adults with differing remaining months of eligibility will count against each adult’s lifetime months of eligibility, and if the cash value amount of the benefit varies between eligible adults, the family shall receive the benefit of the head of household.
Vermont Department for Children and Families Economic Services Division Reach Ahead Rules 2504 Food Assistance Benefit 2504 Food Assistance Benefit (7/1/2015, 15-08) Families eligible for and participating in Reach Ahead receive financial assistance in the form of a food benefit. The purpose of this benefit is to provide assistance and recognition for the adult’s support of the family through unsubsidized wages. 2504.1 Food Assistance Benefit Amount (7/1/2015, 15-08) A. A participating family shall receive a monthly food assistance benefit of $50.00 each month of the first 12 months of Reach Ahead participation. B. A participating family shall receive a benefit of $5.00 for each month of their 12th through 24th month of Reach Ahead participation. C. Any family within the first six months of Reach Ahead participation on July 1, 2015 shall continue to receive a monthly food assistance benefit of $100.00 until its seventh month of participation, at which time it shall receive a monthly food assistance benefit of $50.00 for the remainder of the initial 12-month period. Families who experience a break in Reach Ahead participation for one or more months before reaching the seventh month of participation and subsequently re-enroll in Reach Ahead shall receive a monthly food assistance benefit of $50.00 for the remainder of the initial 12-month period. 2504.2 Food Assistance Benefit and Distribution (7/1/2015, 15-08) A. The food assistance benefit is applied to the family’s electronic benefit transfer (EBT) card’s food account at the beginning of each month. B. Food assistance may be used only to purchase eligible food items as defined in the food stamp federal rules. C. The food assistance benefit is a food benefit and is not counted as income for determination of eligibility and benefits in other needs-based programs.
Vermont Department for Children and Families Economic Services Division Reach Ahead Rules 2505
Services Component
2505 Services Component (7/1/2015, 15-08)
A. Eligibility for participation in the Reach Ahead services component is simultaneous with eligibility for the Reach Ahead benefit and is limited to 24 cumulative months of the participating adult’s lifetime.
B. The Reach Ahead services component consists of support services (including a 100 percent child care services subsidy), referral to other agencies or programs, including workforce development, that provide the services needed by participating families to improve the family’s prospects for employment retention.
C. When necessary, the services component may include case management services.
2505.1 Case Management Services (7/1/2015, 15-08)
A. If a family needs case management, the case manager and the family may develop a family development plan.
B. Case management services and the family development plan shall focus on employment retention and advancement.
C. In developing a plan and providing case management services, the department shall follow Reach Up rules 2302 through 2315 to the extent they are related to and limited to services necessary for job retention and advancement.
D. When case management is provided, the case manager and adults in the family may develop a new or extend the operation of an existing Reach Up family development plan following the process of Reach Up rule 2332.
E. If practicable, the case manager shall be the same case manager previously assigned to and working with the family.
2505.2 Family Development Plans (7/1/2015, 15-08)
For families requesting a family development plan, the department may assist the family in developing a plan relying on Reach Up rule 2330, but only to the extent that it is consistent with Reach Ahead rules and the program purposes to assist the family to maintain or enhance existing employment.
Vermont Department for Children and Families Economic Services Division Reach Ahead Rules 2506
Notice and Appeal
2506 Notice and Appeal (04/01/2009, 08-10)
A. A participant may appeal decisions in accordance with Reach Up section 2380 except that Reach Ahead food assistance payments do not continue while an appeal is pending.
B. The commissioner shall provide notice to each participant of the standards and procedures applicable to such appeals. All federal and agency of human services rules regarding conciliation, notice, hearing, and appeal shall be followed in connection with such appeals.
Table of Contents
2900 Fuel Assistance Program ....................................................................................................... 1 2901 Definitions ............................................................................................................................. 2 2902 Fuel Supplier Certification .................................................................................................... 7 2903 Seasonal Fuel Eligible Households ....................................................................................... 9 2904 Excluded Living Arrangements .......................................................................................... 11 2905 Application .......................................................................................................................... 12 2906 Eligibility Review ............................................................................................................... 14 2907 U.S. Citizen, National, or Qualified Immigrant .................................................................. 15 2908 Verification ......................................................................................................................... 17 2908.1 Verification of Identity ................................................................................................. 19 2908.2 Verification of Immigration Status ............................................................................... 20 2909 Social Security Numbers ..................................................................................................... 22 2910 Gross Income ...................................................................................................................... 24 2911 Household Income Sources ................................................................................................. 25 2911.1 Earned Income .............................................................................................................. 26 2911.2 Unearned Income .......................................................................................................... 26 2911.3 Self-Employment Income ............................................................................................. 28 2912 Excluded Income ................................................................................................................ 29 2913 Income Maximum ............................................................................................................... 37 2914 Calculation of Benefits ....................................................................................................... 38 2915 Percentage of Benefits ........................................................................................................ 41 2916 Development of the Standard Heating Cost Tables ............................................................ 42 2917 Benefit Issuance .................................................................................................................. 43 2918 Benefit Payment Schedule .................................................................................................. 44 2919 Use of Benefit Payments ..................................................................................................... 46 2920 One-Time Benefits .............................................................................................................. 48 2921 Credit Balances ................................................................................................................... 49 2922 Expedited Benefits .............................................................................................................. 50 2923 Change in Circumstances .................................................................................................... 51 2924 Change of Fuel Supplier ..................................................................................................... 52 2925 Recoupment ........................................................................................................................ 53 2926 Notice and Appeal Rights ................................................................................................... 54 2927 Severability ......................................................................................................................... 55
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2900 Fuel Assistance Program
2900 Fuel Assistance Program (06/22/2024, 23-18)
a. The Fuel Assistance Program is authorized and funded by the federal Low-Income Home Energy Assistance Program (LIHEAP) block grant (42 U.S.C. §§ 8621–8630), and through the State of Vermont Home Heating Fuel Assistance Program (33 V.S.A. §§ 2601–2609).
b. It is the purpose of the Fuel Assistance Program to secure the safety and health of low-income Vermont households by providing essential home heating assistance.
c. The Fuel Assistance Program offers both seasonal fuel assistance, rules 2900–2927, and crisis fuel assistance, rules 3100–3113.
d. These rules are adopted pursuant to 33 V.S.A. § 2602(b).
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2901 Definitions
2901 Definitions (06/22/2024, 23-18)
a. The following definitions apply to the terms used in these rules:
1. “Caretaker” or “Companion” means a person who provides caretaking or companionship services to the elderly or disabled head of household, their elderly or disabled spouse, or their civil union partner.
i. Caretakers or companions may not be:
A. The head of household;
B. The head of household’s spouse;
C. The head of household’s civil union partner; or
D. A minor child.
2. “Department” means the Economic Services Division of the Vermont Department for Children and Families.
3. “Disabled” means a person who meets one or more of the following criteria:
i. Receives Supplemental Security Income (SSI) for Aged, Blind, or Disabled under Title XVI of the Social Security Act;
ii. Receives disability or blindness payments under Titles I, II, X, XIV, or XVI of the Social Security Act;
iii. Receives a federally or state-administered SSI supplemental benefit based on disability or blindness;
iv. Receives a federally or state-administered SSI supplemental benefit under § 212(a) of Public Law 93-66;
v. Receives disability retirement benefits from a governmental agency because of a disability considered permanent under § 221(i) of the Social Security Act;
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vi. Receives benefits under the Railroad Retirement Act of 1974 because of a disability considered permanent under Title XVI of the Social Security Act; or
vii. Receives Vermont Medicaid because of a disability considered permanent under Title XVI of the Social Security Act.
4. “EBT” stands for electronic benefits transfer, which means benefits are accessed using a payment card to purchase allowable items at an authorized point of sale.
5. “Elderly” means a person 60 years of age or older.
6. “Fuel Household” or “Household” shall be interpreted in accordance with 33 V.S.A. § 2601a and means any person or group of people who live together as one economic unit and either:
i. Customarily make purchases in common for home heating fuel; or
ii. Make undesignated payments for home heat in the form of rent.
7. “Head of Household” means any of the following:
i. A person who is financially responsible for the cost of occupying the living unit or separate living quarters;
ii. A person whose name appears on the real estate deed for the living unit; or
iii. The spouse or civil union partner of any person who meets the definition of head of household.
8. “Heating Season” means the period that begins when the Department first issues fuel benefits each year, on or after May 1, and ends April 30 of the following year.
9. “Individual in Foster Care” means a person in the custody of the Department for Children and Families, who has been placed in the living unit.
10. “Individual in Residential Home Care” means a person placed in the living unit by the Department of Mental Health or the Department of Disabilities, Aging, and Independent Living.
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11. “LIHEAP” means the Low-Income Home Energy Assistance Program authorized and funded by the federal LIHEAP block grant under 42 U.S.C. §§ 8621–8630.
12. “Living Unit” means a structure that meets all the following criteria:
i. Is occupied by one or more members of the household;
ii. Is used as the household’s primary domicile;
iii. Is one or more of the following:
A. Affixed to the ground on a permanent foundation;
B. A manufactured home as defined by 9A V.S.A. § 9-102(a)(53); or
C. Permanently immobile and not accessing water or electricity from another living unit or building;
iv. Contains one or more rooms;
v. Contains bathroom facilities specific to that unit;
vi. Contains kitchen facilities specific to that unit; and
vii. Has either:
A. A private entrance from the outside; or
B. A private entrance from an enclosed hallway leading from the outside that does not pass through or offer open access to any other living unit within the structure.
13. “Medically Necessary Caregiver” means a person, who provides medically necessary personal care or services to an elderly or disabled person residing in the living unit, who is not:
i. The Head of household;
ii. The head of household’s spouse;
iii. The head of household’s civil union partner; or
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iv. A minor child.
14. “Primary Heating Fuel” means the energy type listed in the Standard Heating Cost Tables that provides the largest portion of heat in the living unit.
15. “Reasonable Room Rent” means room rent paid in the 30 days prior to application, which must be more than or equal to the Housing Payment Maximum authorized under the General Assistance (GA) rules for a similarly situated housing type.
16. “Resident” means a person who has been physically present in the State of Vermont and intends to make Vermont one’s permanent home, regardless of how long the person has lived in the State.
i. A person in Vermont involuntarily, or for a temporary purpose, is not a resident.
17. “Roomer” or “Boarder” means a person who occupies and has exclusive use of one or more rooms as separate living quarters and pays the reasonable room rent directly to the head of household in the living unit.
i. Roomers or boarders may not be:
A. The head of household’s spouse;
B. The head of household’s civil union partner;
C. A minor child; or
D. An individual in foster care.
18. “Roomer or boarder household” means a fuel household consisting of one or more roomers or boarders and must include the following people living with the roomer or boarder:
i. The roomer or boarder’s spouse;
ii. The roomer or boarder’s civil union partner;
iii. Any minor child (legally or biologically) related to any adult in the roomer or boarder household, unless excluded as an individual in foster care; and
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iv. A child, parent, spouse, or civil union partner of any minor child residing in the roomer or boarder household.
19. “Separate Living Quarters” means exclusive use of one or more rooms for sleeping within a living unit.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2902 Fuel Supplier Certification
2902 Fuel Supplier Certification (06/22/2024, 23-18)
a. A primary heating fuel supplier must be certified by the director of the Fuel Assistance Program in order to provide home heating fuel to program beneficiaries.
b. To be certified, fuel suppliers shall enter into certification agreements with the Department, consistent with statutory requirements (33 V.S.A. § 2607).
1. Firewood or wood pellet suppliers are excluded from certification requirements.
c. At a minimum, certification agreements must include:
1. Pricing and delivery methods that are advantageous for beneficiaries;
2. An agreement by the fuel supplier to not disclose any information about a beneficiary to any other person, including the name of the beneficiary, except for purposes directly connected with administration of the Fuel Assistance Program, or when required by law;
3. An agreement by the fuel supplier to conduct reasonable efforts to inform and assist beneficiaries in their service areas, maintain records of amounts and costs of all fuel deliveries, and send periodic statements to beneficiaries informing them of their:
i. Account balance as of their last statement;
ii. Deliveries or usage since their last statement;
iii. Payments made or applied, indicating the source of payment, since their last statement; and
iv. The ending credit or debit balance;
4. An agreement by the fuel supplier to provide the Department with beneficiary records on consumption and any other information as deemed necessary by the Department for efficient administration of the Fuel Assistance Program;
5. An agreement by the fuel supplier that it will not discriminate against beneficiaries in the cost of goods, services provided, or fuel delivery;
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6. An agreement by the fuel supplier to enter into budget agreements with beneficiaries for annualized monthly payments for fuel supplies, provided the beneficiary meets accepted industry credit standards;
7. An agreement by the fuel supplier to grant beneficiaries such cash discounts, preseason delivery savings, automatic fuel delivery agreements, and any other discounts granted to any other heating fuel customer or any additional terms the Department may negotiate with the fuel supplier; and
8. An agreement by the fuel supplier to only use benefit payments on a beneficiary’s account for allowable purposes, as specified in the certification agreement, and to return all unused benefit payments on a beneficiary’s account to the Department by the date specified in the agreement.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2903 Seasonal Fuel Eligible Households
2903 Seasonal Fuel Eligible Households (06/22/2024, 23-18)
a. Households may be eligible for fuel assistance benefits if they meet all the following criteria:
1. All the members of a household must be Vermont residents at the time of application for fuel assistance;
i. A person remains a resident until the person moves outside the State of Vermont with the intent to permanently reside elsewhere.
2. A household member must be a citizen or national of the United States or a qualified immigrant under rule 2907;
3. The total gross income of all fuel household members must not exceed 185% of the federal poverty guidelines based on household size;
i. Total fuel household gross income is based on the combined countable income of all persons residing in the fuel household, regardless of immigration status; and
4. The head of household must spend at least 150 non-consecutive nights in their living unit between November 1 and April 30.
b. Any person who resides in the living unit is included in the fuel household, unless they may be excluded as one of the following:
1. A roomer or boarder;
2. A caretaker or companion;
3. A medically necessary caregiver;
4. An individual in foster care; or
5. An individual in residential home care.
c. The following people may not be excluded from the fuel household if that person resides in the living unit and is otherwise eligible for benefits:
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2903 p.2 Seasonal Fuel Eligible Households
1. The head of household;
2. The head of household’s spouse;
3. The head of household’s civil union partner;
4. Any minor child, unless excluded as an individual in foster care; or
5. A parent, spouse, or civil union partner of any minor child residing in the household.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2904 Excluded Living Arrangements
2904 Excluded Living Arrangements (06/22/2024, 23-18)
a. The following are not living units under these rules, and residents of these places are ineligible for fuel assistance benefits:
1. Housing units owned or operated by educational, religious, and/or other institutions, which perform an educational, religious, or other service for the residents, are excluded if the heating costs are obligated, guaranteed, or in any way the responsibility, directly or indirectly, of the institution, or are integrated in any way with the service costs;
2. Dormitories, teaching/training centers, transitional living centers, hospitals, retirement or rest homes, boarding houses, homeless shelters, communes, correctional facilities, jails, fraternity or sorority houses, or other forms of congregate living arrangements;
3. Long-term care facilities, including:
i. Assisted living residences;
ii. Homes for persons who are terminally ill;
iii. Nursing homes;
iv. Residential care home; and
v. Therapeutic community residences;
4. Lodging establishments and short-term rentals, as those terms are defined by 18 V.S.A. § 4301(a); and
5. Temporary living quarters or movable structures, including travel trailers, semitrailers, truck campers, motor homes, boats, campers, recreational vehicles, railroad cars, vans, cars, buses, tents, sheds, garages/shops, and fishing shacks, unless such structure has been modified to meet the definition of a living unit.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2905 Application
2905 Application (06/22/2024, 23-18)
a. Applications for fuel assistance must be submitted to the Department by the head of household.
b. Applications must be signed by the head of household and include a statement of consent to receive services from the home weatherization assistance program as a condition of receipt of fuel benefits.
c. A head of household may submit an application for fuel assistance at any time.
1. Applications received by the Department shall be used to determine benefit eligibility for the heating season in which those applications are received, except:
i. Applications received by the Department in March and April shall be used to determine benefit eligibility for the heating season that begins on or after May 1 of the year those applications are received; and
ii. The Department may also use applications to determine benefit eligibility for subsequent heating seasons in accordance with rule 2906.
d. A household shall not receive fuel benefits for any period before the month the Department receives the household’s application for fuel assistance.
e. The Department must assist the head of household, or refer them for assistance, in applying for benefits and providing required information to complete the application.
f. An applicant must provide the Social Security Numbers of all household members in accordance with rule 2909.
g. At the time of application, the household must provide the Department with all the following information:
1. The name of the household’s primary heating fuel supplier and the supplier’s contact information;
2. The account number provided by the primary heating fuel supplier associated with the household’s primary residence;
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2905 p.2 Application
3. The name of the household’s electricity provider and the account number provided by the household’s electricity provider associated with the household’s primary residence; and
4. Any other information required by the Department to facilitate the issuance of benefits to the household.
h. The failure of a household to provide the information required by subsection (g) of this rule may delay the issuance of benefits to the household or result in the denial of the application.
i. New applicants must provide documents to the Department to verify their identity and immigration status, pursuant to rules 2908.1 and 2908.2, at the time they submit their applications for fuel benefits.
1. The Department shall not process an application until it receives all necessary documents from an applicant.
2. If an applicant does not provide all the necessary documents to process an application, the Department may contact the applicant to request such documents.
j. The Department must deny the application if the Department is unable to verify the identity or immigration status of any applicant.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2906 Eligibility Review
2906 Eligibility Review (06/22/2024, 23-18)
a. The Department shall issue annual eligibility reviews to households that received fuel benefits in the previous year and continue to be active in the Fuel Assistance Program.
1. Households that are eligible for 3SquaresVT benefits may have their eligibility reviewed at intervals of 12 months, 24 months, or 36 months, depending on household composition and income.
b. The Department shall review eligibility when changes are reported that may impact eligibility.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2907 U.S. Citizen, National, or Qualified Immigrant
2907 U.S. Citizen, National, or Qualified Immigrant (06/22/2024, 23-18)
a. To receive fuel assistance benefits, at least one member of the household must be a:
1. Citizen or national of the United States; or
2. Qualified immigrant.
b. Applicants must declare the citizenship and immigration status of all household members on the seasonal fuel assistance application.
1. Non-citizens must provide documentation of immigration status.
2. The Department must verify immigration status in accordance with rule 2908.2.
c. For purposes of these rules, a “non-citizen” is a person who is not a citizen or national of the United States.
d. A “citizen or national of the United States” is:
1. A person born in the 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, American Samoa, or Swains Island, except for individuals born to foreign diplomats;
2. A naturalized U.S. citizen; or
3. An individual who otherwise qualifies as a citizen or national of the United States under federal law.
e. A “qualified immigrant” shall have the same meaning as a “qualified alien” under 8 U.S.C. § 1641, which includes:
1. A non-citizen granted Permanent Resident Alien Status under the Immigration and Nationality Act (INA);
2. A non-citizen granted asylum under § 208 of the INA;
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2907 p.2 U.S. Citizen, National, or Qualified Immigrant
3. A refugee admitted to the United States under § 207 of the INA;
4. A non-citizen paroled into the United States under § 212(d)(5) of the INA for a period of at least one year;
5. An immigrant whose deportation has been withheld under:
i. Section 243(h) of the INA, as in effect prior to April 1, 1997; or
ii. Section 241(b)(3) of the INA, as amended by § 305(a) of division C of Public Law 104- 208;
6. An immigrant granted conditional entry under § 203(a)(7) of the INA, as in effect prior to April 1, 1980;
7. A Cuban or Haitian entrant, as defined in § 501(e)(2) of the Refugee Education Assistance Act of 1980;
8. A non-citizen who (or whose child or parent) has been battered or subjected to extreme cruelty in the United States and otherwise satisfies the requirements of 8 U.S.C. § 1641(c);
9. A victim of a severe form of human trafficking who has been certified or received an eligibility letter by the U.S. Office of Refugee Resettlement; or
10. Any other non-citizen whom Congress permits to receive fuel assistance.
f. No immigrant or non-citizen is eligible for fuel assistance unless that person is a qualified immigrant.
1. An immigrant illegally residing in the United States does not qualify for fuel assistance.
g. Qualified immigrants may apply for fuel assistance at any time regardless of when they entered the United States.
h. Rule 2907 shall be construed in accordance with federal law, and in the event of a conflict, federal law controls.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2908 Verification
2908 Verification (06/22/2024, 23-18)
a. When the Department has reason to question the eligibility of a household for benefits, the Department may require the household to provide additional evidence to verify one or more eligibility factors.
1. If the Department requires a household to provide additional evidence to verify an eligibility factor, the Department must notify the head of household.
2. If the Department provides a head of household with a written notice requiring additional evidence to verify an eligibility factor, the household must provide sufficient evidence to the Department no later than ten days after the date of the written notice.
3. If the Department does not receive sufficient evidence within ten days after the date of the written notice, the Department must deny the application or close the case.
4. If a household provides the Department with sufficient evidence to verify the eligibility of a household after the application is denied, but within 30 days of the date after the application is received, the Department must reprocess the application using the date the application was initially received by the Department.
5. If a household provides the Department with evidence after the application is denied, and more than 30 days after the date the application is received, the head of household must submit a new application for fuel assistance.
b. The head of household shall be primarily responsible for providing verification.
1. With the household’s consent, the Department must assist in the verification process if the household is unable to obtain the required evidence.
c. The Department must verify all sources of household income, and a person’s self-declaration of income, by itself, shall not be an acceptable method of verification.
1. Notwithstanding this subsection (c) of this rule, if the Department is unable to verify self- employment income because a business has been in operation for less than one year and has not filed income tax forms, then the household member must provide:
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2908 p.2 Verification
i. A signed statement of self-employment income on a form provided by the Department; and
ii. Any other receipts or documents related to the business that the Department requests.
d. The Department must use automated resources or electronic databases, such as the Income and Eligibility Verification System (IEVS), whenever possible for verification.
1. A household may provide other documentation if it disagrees with the results of the automated or electronic search.
e. The Department may only contact third parties about the household:
1. To verify a household’s eligibility for benefits;
2. To substantiate facts when necessary for the administration of the program; or
3. When otherwise required by law.
f. Failure on the part of the head of household, or any other person residing in the living unit, to engage in the following actions shall result in a denial of benefits to the entire fuel household:
1. Submit required information;
2. Provide documentation necessary for required verification;
3. Consent to third-party verification of any eligibility factor; or
4. Cooperate in obtaining required verification.
g. When the head of household seeks to have a person excluded from the fuel household, they may be required to provide evidence that substantiates that this person qualifies for exclusion under rule 2903(b).
1. For a roomer or boarder, proof of payment of reasonable room rent is required for verification.
2. For a caretaker or companion, the head of household must complete a form provided by the Department.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2908 p.3 Verification
3. For a medically necessary caregiver, the head of household must complete a form provided by the Department.
i. This form must be completed and signed by the elderly or disabled person’s physician or other licensed health care provider.
h. The Department must verify the identity of the applicant in accordance with rule 2908.1.
2908.1 Verification of Identity (06/22/2024, 23-18)
a. The Department must verify the identity of the head of household in accordance with this rule and rule 2908.
b. If the head of household has an authorized representative, the Department must verify the identity of the authorized representative and the head of household.
c. The Department must verify the identity of the head of household and authorized representative using readily available documentary evidence, including any of the following:
1. Employment photo ID;
2. State-issued ID, such as a driver’s license;
3. Pay stub;
4. Birth certificate;
5. Voter registration card;
6. Library card;
7. U.S. passport;
8. IEVS match;
9. Numerical identification (Numident) match with the Social Security Administration;
10. Baptismal certificate;
11. Military ID or service papers;
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2908 p.4 Verification
12. Immigration or naturalization papers;
13. Hospital birth record;
14. Adoption record;
15. Completed SS-5 Form;
16. Confirmation or church membership records;
17. Court orders for spousal or child support, divorce, or name change;
18. Marriage license;
19. Newspaper birth announcement;
20. Certain school records, such as a student ID, report card, or diploma;
21. Census records;
22. ID for health benefits, for example, a Medicare card;
23. ID for public assistance or social service program; or
24. Labor union or fraternal organization records.
d. The Department must accept any documents that reasonably establishes a person’s identity;
1. The Department may not require a specific type of document, such as a birth certificate, to verify identity.
2908.2 Verification of Immigration Status (06/22/2024, 23-18)
a. The Department may accept a declaration that a person is a citizen or national of the United States as proof that the person meets the eligibility requirement of rule 2907.
b. If the Department has reason to question whether a person is a citizen or national of the United States, the Department may require the household member to provide additional evidence or documents to substantiate or verify citizenship.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2908 p.5 Verification
1. The Department must not require a person to provide evidence or documents to substantiate that the person is a citizen or national of the United States based solely on:
i. Race, color, or ethnicity;
ii. Dress or appearance;
iii. Religion;
iv. National origin;
v. Language or accent;
vi. Ethnic name; or
vii. Any combination of the factors above.
c. All non-citizens must provide appropriate documentation of immigration status.
d. The household must provide the Department with all required documentation in a timely manner.
1. The Department must refer to guidance published by the U.S. Department of Justice or the U.S. Citizenship and Immigration Services to determine acceptable documentation to verify citizenship or immigration status.
e. Except as provided in this rule, the Department must verify the immigration status of every non- citizen in a household using SAVE (Systematic Alien Verification for Entitlements) or another immigration status verification system established by the federal government.
f. The Department must not attempt to verify the immigration status of a household member if:
1. The household member requested the Department not to contact federal immigration authorities; or
2. The household member refuses to provide documentation of their citizenship or immigration status.
g. If the Department cannot verify the citizenship or immigration status of a person:
1. The Department must not count that person as a household member when calculating household size; and
2. The Department must include that person’s income when calculating household income.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2909 Social Security Numbers
2909 Social Security Numbers (06/22/2024, 23-18)
a. A household must provide the Department with the Social Security Number (SSN) of every household member who is six months of age or older.
1. If a member has more than one SSN, all numbers must be provided.
b. If a household is unable to provide the SSN of a member (who is six months of age or older), either because the SSN is not known or has not been issued, the household must do all of the following:
1. Apply for an SSN for the member;
2. Provide the Department with proof that the SSN has been applied for; and
3. Provide the Department with the SSN when it is received.
c. If, without good cause, a household does not provide a member’s SSN, or proof that the member applied for an SSN:
1. The Department must not count that person as a household member when calculating household size; and
2. The Department must include that person’s income when calculating household income.
d. A household has good cause for not providing a member’s SSN (or proof of application for one) under any of the following circumstances:
1. A household has good cause if the member without an SSN is under six months old.
2. A household has good cause if the member refuses to provide or apply for an SSN based on a sincere religious objection.
i. The Department may check with the Social Security Administration to see if the household members already have SSNs, and may use any existing SSNs for verification and matching purposes without further notice to the household; or
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2909 p.2 Social Security Numbers
ii. The Department may use its own numbering system for internal administrative purposes to keep track of household members who do not have SSNs because of religious objections.
3. A household has good cause if there is evidence that the household is making every effort to supply the Social Security Administration with the necessary information to obtain an SSN.
i. Good cause does not include delays due to illness, lack of transportation, or temporary absences.
e. A person who is disqualified under subsection (c) of this rule may become an eligible household member upon providing the Department with an SSN.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2910 Gross Income
2910 Gross Income (06/22/2024, 23-18)
a. Total household income shall be the combined gross income of all members of the fuel household, regardless of immigration status, unless otherwise excluded under rule 2912.
b. To the extent allowed by federal law, gross income shall be calculated based on the same rules used to calculate income in the 3SquaresVT program.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2911 Household Income Sources
2911 Household Income Sources (06/22/2024, 23-18)
a. Income means any monetary payment that is available to the fuel household from any source, unless excluded by rule 2912.
b. Sources of income include:
1. Earned income (rule 2911.1);
2. Unearned income (rule 2911.2); and
3. Self-employment income (rule 2911.3).
c. The Department must calculate a household’s monthly income as follows:
1. The Department must calculate self-employment income in accordance with rule 2911.3.
2. The Department must consider all earned income and unearned income received by the household in the 30 days before the date that the Department received the household’s application for fuel benefits:
i. If a stable source of income was received by the household during this period on a weekly, biweekly, semimonthly, or monthly basis, the Department must convert this income to a monthly amount:
A. By multiplying weekly amounts by 4.3;
B. By multiplying biweekly amounts by 2.15;
C. By multiplying semimonthly amounts by 2; or
D. By multiplying monthly amounts by 1.
ii. If a stable source of income is received by the household less often than monthly, the Department must convert this income received during the previous 30 days into a monthly amount by averaging the income over the period the income is intended to cover.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2911 p.2 Household Income Sources
A. For example, if a household regularly receives $1,000 every two months, then the monthly income from this source is $500.
iii. If the income received by the household during the previous 30 days was irregular or fluctuated, the Department may consider the earned and unearned income received by the household over a longer period, generally 90 days before the Department received the application, to calculate the household’s average monthly income.
d. Households must report a change of income to the Department within ten days of the date the change occurred in accordance with rule 2923.
2911.1 Earned Income (06/22/2024, 23-18)
a. Earned income is money gained from the performance of service, labor, or work, regardless of the legality of the performance or the payment.
b. Earned income includes, but is not limited to:
1. Gross wages, salaries, commissions, and tips;
2. Payments for services; and
3. Training allowances from vocational and rehabilitative programs, unless the payments are reimbursements excluded under rule 2912(a)(10).
2911.2 Unearned Income (06/22/2024, 23-18)
a. Unearned income is money or contributions received by a person for which they do not perform work or provide a service.
b. Unearned income includes, but is not limited to:
1. Assistance payments from Federal, federally aided, or State-funded public assistance programs, such as Supplemental Security Income (SSI), Reach Up, General Assistance (GA), or other assistance based on need;
i. Such assistance is unearned income, even if provided in the form of a vendor payment to a third party on behalf of the household, unless excluded under rule 2912;
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2911 p.3 Household Income Sources
ii. Assistance payments from programs that require, as a condition of eligibility, the actual performance of work without compensation other than the assistance payments themselves, are considered unearned income;
2. Annuities;
3. Pensions;
4. Retirement benefits;
5. Veteran’s benefits;
6. Disability benefits;
7. Worker’s compensation, including any amounts deducted to repay claims for intentional program violations;
8. Unemployment compensation, including any amounts deducted to repay claims for intentional program violations;
9. Survivors or social security benefits;
10. Strike benefits;
11. Foster care payments for individuals in foster care who are considered members of the household;
12. Difficulty of care payments for individuals in residential home care who are considered members of the household;
13. Gross income, minus costs, from rental property if the property is not managed by a member of the fuel household;
14. Child support or alimony payments made directly to the household from non-household members;
15. Scholarships, educational grants, deferred payment loans for education, or veteran’s educational benefits that do not have a work requirement attached to them, unless excluded under rule 2912;
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2911 p.4 Household Income Sources
16. Payments from dividends, interest, royalties, or all other direct money payments from any source that can be construed to be a gain or benefit; or
17. Money that is withdrawn or dividends that are, or could be, received by a household from trust funds;
i. Such trust withdrawals shall be considered income in the month received, unless excluded under rule 2912;
ii. Dividends that the household has the option to receive as income or to reinvest in the trust are income in the month the dividends become available to the household, unless excluded under rule 2912.
2911.3 Self-Employment Income (06/22/2024, 23-18)
a. Self-employment means that a person earns money directly from the person’s own business or profession, rather than as an employee working for wages or a salary from an employer.
1. Income from rental property owned by a household member shall be considered self- employment income unless the property is managed by someone who is not a member of the fuel household.
i. If the rental property is managed by someone who is not a member of the household, the income shall be considered unearned income.
2. Payments from a roomer or boarder shall also be considered self-employment income.
b. The Department must calculate self-employment income using the same rules and procedures used to calculate self-employment income for the 3SquaresVT program.
c. The Department must verify all self-employment income in accordance with rule 2908.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2912 Excluded Income
2912 Excluded Income (06/22/2024, 23-18)
a. Income shall not include any of the following:
1. Money withheld from the household’s income to repay a prior overpayment from that source;
2. Money the household received, but voluntarily or involuntarily returned, to repay a prior overpayment from that income source;
3. Child support payments transferred to the Office of Child Support to maintain Reach Up eligibility;
i. Child support payments are excluded at the date the payment is assigned;
4. Any non-monetary or in-kind gain or benefit provided to the fuel household or a vendor, including:
i. Meals;
ii. Clothing; or
iii. Garden produce;
5. The following vendor payments:
i. Payments by a person outside the fuel household or by an organization to a third party for a household’s expense when the payment is not legally owed to the household;
ii. Payments through the 3SquaresVT program;
iii. Rent or mortgage payments made to a landlord or lender on behalf of the fuel household by:
A. The U.S. Department of Housing and Urban Development (HUD);
B. The State; or
C. Local housing authorities;
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2912 p.2 Excluded Income
iv. Payments by a government agency or program to a third party on behalf of the household to pay the household’s medical or childcare expenses;
v. Payments through the fuel assistance program (LIHEAP);
vi. Housing assistance when the fuel household lives in temporary housing;
vii. Payments converted to a direct cash payment when approved by a federally authorized demonstration project;
viii. General Assistance or Reach Up vendor payments for the housing and transportation of migrant and seasonal farmworker households, while workers are in the job stream;
ix. A vendor payment for educational assistance is excluded income if the same payment to the household would be excluded income under rule 2912(a)(7) or rule 2912(a)(8);
x. Reimbursements made in the form of vendor payments are excluded on the same basis as reimbursements paid directly to the household under rule 2912(a)(10); and
xi. Disaster assistance payments made to vendors are excluded income if the same payment to the household would be excluded income under rule 2912(a)(15);
6. Any income in the certification period that is received too infrequently or irregularly to be reasonably anticipated, but not more than $30 in a quarter;
7. All student financial assistance received under Title IV of the Higher Education Act, as amended, or under Bureau of Indian Affairs student assistance programs, regardless of use;
i. This includes all student financial assistance covered by 20 U.S.C. § 1087uu;
ii. A list of qualifying educational assistance may be found in the Fuel Procedures Manual;
8. Other scholarships, grants, deferred-payment student loans, and veterans’ educational benefits, not included under rule 2912(a)(7), if the educational assistance is both:
i. Awarded to a household member enrolled at a:
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2912 p.3 Excluded Income
A. Recognized institution of post-secondary education, such as an accredited college or university;
B. School for the disabled;
C. Program that provides for obtaining a secondary school diploma or the equivalent;
D. Vocational or technical school; or
E. Vocational education program; and
ii. Used for the following allowable expenses:
A. Tuition;
B. Mandatory fees, including rental or purchase of any equipment, material, and supplies related to the course of study pursued;
C. Books;
D. Transportation;
E. Miscellaneous personal expenses incidental to attending a school, institution, or program;
1. Educational assistance is not excluded as income if used for normal living expenses, such as room and board;
F. Dependent care; or
G. Origination fees and insurance premiums on educational loans;
9. All loans, including loans from private individuals and commercial institutions, other than educational loans on which repayment is deferred;
i. A loan on which repayment must begin within 60 days after receipt of the loan shall not be considered a deferred repayment loan;
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2912 p.4 Excluded Income
10. All reimbursements for past or future expenses as long as the reimbursements meet all of the following criteria:
i. The reimbursement does not exceed actual expenses;
A. If the reimbursement exceeds actual expenses, count the excess as unearned income;
B. A reimbursement does not exceed actual expenses unless the provider or the household says it exceeds actual expenses;
ii. The reimbursement does not result in a gain or benefit to the household; and
iii. The reimbursement is identified and used for expenses other than normal living expenses (such as rent, mortgage, personal clothing, or food eaten at home);
A. A reimbursement shall be considered income if the payment is not identified for a specific purpose or the payment is not used for that purpose;
B. If a reimbursement covers multiple expenses, each expense does not have to be separately identified, as long as none of the money covers ordinary living expenses;
C. The following are examples of excluded reimbursements:
1. Reimbursements or flat allowances, over and above basic wages, for job-related or training-related expenses, such as per diem, uniforms, and transportation to or from the job or training site;
2. Reimbursements for the out-of-pocket expenses volunteers incur in the course of their work;
3. Medical or child care reimbursements;
11. Money received and used for the care and maintenance of a third-party beneficiary, who is not a household member;
i. If the intended beneficiaries of a single payment are both household and non-household members, any identifiable portion of the payment intended and used for the care and maintenance of the non-household member shall be excluded;
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2912 p.5 Excluded Income
ii. If the non-household member’s portion cannot be readily identified, the payment shall be evenly prorated among intended beneficiaries and the exclusion applied to the non- household member’s pro rata share or the amount actually used for the non-household member’s care and maintenance, whichever is less;
12. The earned income of any household member who is under age 18 who both:
i. Lives with a parent or is under the parental control of a household member other than a parent; and
ii. Is a student at least half time attending an elementary or high school, a recognized home school, or a GED program recognized, operated, or supervised by the State or a local school district;
A. 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;
13. Money received in a nonrecurring lump-sum payment, including payments received as a one- time payment for:
i. Income tax refunds, rebates, or credits, including the Vermont Earned Income Tax Credit (EITC);
ii. Retroactive lump sums for the past one month or more, such as Social Security, SSI, Reach Up, Unemployment Benefits, or other retroactive payments;
A. If retroactive SSI benefits are paid out in more than one payment, each retroactive payment is a nonrecurring lump sum and is excluded as income;
iii. The annual VA disability pension adjustment;
iv. Insurance settlements;
v. Reach Up parenting incentive payments;
vi. Refunds of security deposits on rental property or utilities, including HUD rental refunds;
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2912 p.6 Excluded Income
vii. Money from the sale of a household’s property (such as the household’s homestead, personal effects, household goods, or an automobile) that are not sold as part of a self- employment business;
viii. Retroactive pay raises of an employee whether employed or not at the time of receipt;
ix. A bonus received after employment has stopped; or
x. Back pay that was not withheld at the request of the employee;
14. Payments received from the 3SquaresVT program;
15. Disaster and Emergency Assistance payments provided under the Disaster Relief and Emergency Assistance Act, as amended (Public Law 100-707);
i. This exclusion applies to Federal assistance provided to people directly affected by a disaster or emergency, and to comparable disaster assistance provided by States, local government, and disaster assistance organizations;
ii. For payments to be excluded, the disaster or emergency must be declared by the President of the United States;
16. Any income that is specifically excluded by any other Federal statute from consideration as income for the purpose of determining eligibility for federal benefits, including:
i. Payments made to certain Native Americans under Federal law, included the laws listed in the appendix to 20 C.F.R. Part 416, Subpart K;
ii. Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (Public Law 91-646);
iii. Payments to volunteers by the Corporation for National and Community Service under the Domestic Volunteer Services Act of 1973 (Public Law 93-113) as amended, unless the payments are greater or equal to the federal minimum wage;
iv. Payments made for children who suffer from birth defects and whose mothers are Vietnam veterans (Public Law 106-419);
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2912 p.7 Excluded Income
v. Payments made to a child of a Vietnam Veteran for any disability of the child resulting from Spina Bifida (Public Law 104-204, § 1805(d));
vi. Payments made to Americans of Japanese or Aleut ancestry under Public Law 100-383;
vii. Payments made from the Agent Orange Settlement Fund (Public Law 101-201 and Public Law 101-239);
viii. Payments made to victims of Nazi Persecution under Public Law 102-286; or
ix. Payments made under the Radiation Exposure Compensation Act to compensate injury or death resulting from exposure to radiation from nuclear testing and uranium mining (Public Law 101-426);
17. Payments or allowances made under any federal or state law for providing energy assistance, including payments from:
i. The Fuel Assistance Program (including nominal payments);
ii. The Department of Housing and Urban Development (HUD), even if the payment is received directly by the fuel household; or
iii. The Farmers Home Administration (FmHA);
18. Cash donations based on need when the fuel household receives them from one or more private, nonprofit, or charitable organizations;
i. Do not exclude more than $300 per federal fiscal quarter, and count any amount over the $300 limit as unearned income;
19. Crowdfunding account payments received from online platforms such as Go Fund Me, Kickstarter, Indiegogo, or Tilt;
20. Federal or Vermont earned income tax credits;
21. Any payment made to an Employment and Training participant for costs that are reasonably necessary and directly related to participation in the Employment and Training program, including:
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2912 p.8 Excluded Income
i. Dependent care;
ii. Transportation;
iii. Other expenses related to work;
A. These costs shall not include the cost of meals away from home;
iv. Training or education;
v. Uniforms;
vi. Other necessary equipment; and
vii. Books or training manuals;
22. Governmental foster care payments for individuals in foster care who are not considered members of the household;
i. If a household indicates that an individual in foster care is a household member, then foster care payments for that individual are considered unearned household income;
23. The amount of money necessary to fulfill SSI’s Plan for Achieving Self-Support (PASS), including money deposited into a special PASS account; or
24. Additional payments, beyond basic pay, received by members of the United States Armed Forces, including the Reserves and National Guard, resulting from deployment to or service in a designated combat zone (Public Law 108-447).
i. These special payments are excluded as income for the duration of the person’s deployment.
ii. Payments made before the person’s deployment or service are counted as earned income.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2913 Income Maximum
2913 Income Maximum (06/22/2024, 23-18)
a. Eligibility for fuel assistance benefits shall be based on a household’s gross income calculated pursuant to rule 2910.
b. A fuel household is not eligible for seasonal fuel benefits if the household’s gross income exceeds 185% of the federal poverty guidelines or exceeds the income maximums established by LIHEAP.
c. The allowable income maximum for each household size shall be updated in the Fuel Procedures Manual in accordance with the federal poverty guidelines published by the U.S. Department for Health and Human Services.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2914 Calculation of Benefits
2914 Calculation of Benefits (06/22/2024, 23-18)
a. The Department must calculate a household’s benefit amount by following the steps below in order:
1. Determine household size by counting the number of persons residing in the living unit, excluding those persons who are ineligible or who are not considered members of the household under these rules;
2. Determine the household’s gross income in accordance with rules 2910–2912;
3. Determine the maximum allowable income based on the household’s size using the table in the Fuel Procedures Manual;
i. If gross income is more than the maximum allowable income based on the household’s size, the household is ineligible for fuel benefits;
4. Determine the percentage of poverty based on the household’s size and gross income using the table in the Fuel Procedures Manual;
5. Determine the percentage of benefits under rule 2915 using the percentage of poverty determined above in step 4;
6. Determine the annual primary heating fuel cost, based on the type and size of the household’s living unit, using the Standard Heating Cost Tables in the Fuel Procedures Manual;
7. Determine the base benefit amount by multiplying the percentage of benefits (determined in step 5) and the household’s annual primary heating fuel cost (determined in step 6); and
8. Determine the ratable benefit amount by multiplying the base benefit amount (determined in step 7) and the payment rate, which is established by procedure based on the number of eligible households and the amount of funds available for Fuel Program benefits;
i. The payment rate must not exceed 100%; and
ii. The Department may adjust the payment rate at any time if the total amount of funds available to the Fuel Assistance Program or the total number of eligible households changes during a heating season.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2914 p.2 Calculation of Benefits
b. The Department must reduce the ratable benefit amount (determined in step 8 above) based on the month it receives the household’s fuel assistance application as follows:
1. For applications received in December, the annual benefit must be reduced to 80% of the ratable benefit amount.
2. For applications received in January, the annual benefit must be reduced to 60% of the ratable benefit amount.
3. For applications received in February, the annual benefit must be reduced to 40% of the ratable benefit amount.
4. For all other applications, subsection (b) of this rule shall not apply.
i. Applications received in any other month shall be used to calculate the annual benefit for the heating season that begins in the year the application is received.
5. The benefit reductions in subsection (b) of this rule shall not be considered penalties for late- filed applications but instead ensure that households receive prorated benefits and do not receive benefits for any period during the heating season prior to the month of application, in accordance with 33 V.S.A. § 2606(b).
c. After the Department reduces the ratable benefit amount, if required by subsection (b) of this rule, the Department must make further reductions to determine the annual benefit amount as follows:
1. Eligible households that do not live in Section 8 housing, or other public housing, and that make primary heating fuel payments directly to a certified fuel supplier, shall receive 100% of the amount calculated pursuant to subsections (a) and (b) of this rule.
2. Eligible households that do not live in Section 8 housing, or other public housing, and that have their primary heating fuel cost included in their rent, shall receive 30% of the amount calculated pursuant to subsections (a) and (b) of this rule;
i. If the annual benefit amount calculated under this provision is less than $50.00, then those households subject to this provision must receive a minimum of $50.00 in annual fuel benefits.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2914 p.3 Calculation of Benefits
3. Eligible households that live in Section 8 housing, or other public housing, and that make primary heating fuel payments directly to a certified fuel supplier, shall receive 55% of the amount calculated pursuant to subsections (a) and (b) of this rule.
4. Eligible households that live in Section 8 housing, or other public housing, and that have their primary heating fuel cost included in their rent, shall receive an annual nominal benefit in an amount ($21.00) set by 33 V.S.A. § 2605.
5. Eligible roomer or boarder households shall receive an annual nominal benefit in an amount ($21.00) set by 33 V.S.A. § 2605.
d. Before issuing fuel assistance benefits, the Department must round down the net benefit amount calculated under this rule to the next whole dollar.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2915 Percentage of Benefits
2915 Percentage of Benefits (06/22/2024, 23-18)
a. The table in this rule establishes the percentage of fuel benefits that a household is eligible for based on the household’s percentage of poverty.
b. A household’s percentage of poverty depends on the household’s size and gross income and is determined using the table in the Fuel Procedures Manual, which is based on the federal poverty guidelines.
c. A household’s benefit shall not exceed 90% of that household’s fuel cost.
d. Percentage of Benefit based on the Federal Poverty Guideline Table:
Percentage of Benefit Based on Federal Poverty Guidelines
Household Income as it Relates to Percentage of Federal Poverty Guideline Percentage of Benefit Amount Available to the Household
175 % - 185% 27% 165% - 174% 30% 155% - 164% 33% 145% - 154% 66% 135% - 144% 69% 125% - 134% 72% 115% - 124% 75% 105% - 114% 78% 95% - 104% 81% 85% - 94% 84% 75% - 84% 87% Under 75% 90%
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2916 Development of the Standard Heating Cost Tables
2916 Development of the Standard Heating Cost Tables (06/22/2024, 23-18)
a. The Department must establish Standard Heating Cost Tables in the Fuel Procedures Manual and use those Tables to calculate benefits.
b. The Tables must list the types of energy an eligible household must use as a primary heating fuel to receive fuel assistance benefits.
c. The Tables must contain estimated primary heating fuel costs based on the actual home heating costs of Fuel Assistance Program beneficiaries used during a year.
d. The Department must review the Tables at least once every three years and make any changes necessary using data from certified fuel suppliers, the Department of Public Service, and other industry sources.
e. The Department must provide a draft of the Tables to the Home Energy Assistance Task Force and solicit input from the Task Force before finalizing the Tables.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2917 Benefit Issuance
2917 Benefit Issuance (06/22/2024, 23-18)
a. Regardless of a household’s eligibility, the Department may issue fuel benefits only if there are funds available that have been appropriated for fuel assistance payments.
1. If funds become unavailable, the Department must stop issuing fuel benefits, regardless of a household’s eligibility.
2. If funds remain available, the Department must stop issuing fuel benefits at the end of each heating season, regardless of a household’s eligibility.
i. Benefits issued after April 30 each year shall count as benefits issued during the heating season that begins on or after May 1 of the year those benefits are issued.
b. The Department may use any method of payment, including EBT and direct deposit in a financial institution, to issue benefits to eligible households, and the Department shall have sole discretion to determine which method of payment it uses for each household.
1. In its sole discretion, the Department may also change the method it pays benefits to a given household at any time.
2. Households may not require the Department to use any particular method of payment.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2918 Benefit Payment Schedule
2918 Benefit Payment Schedule (06/22/2024, 23-18)
a. The Department must issue a single annual benefits payment to each eligible household, or to the household’s certified fuel supplier, according to the schedule established in this rule.
b. The dates on which the Department issues benefits depend on several factors, including the date the Fuel Assistance Program receives funds, and vary from year to year.
c. The timeframes provided in this rule are general and are intended to illustrate the order in which benefits may be issued.
1. Depending on circumstances, the Department may issue benefits before or after the dates provided in this rule.
d. For households that use firewood or wood pellets as their primary heating fuel, the Department must issue payment as follows:
1. The Department must issue payment before October 1 to all households that had their applications or continued eligibility approved before the date the Department issued such payment.
2. If such a household submits an application or has its eligibility reviewed after the Department issues payment under subsection (d)(1) of this rule, but before the following March 1, the Department must issue payment to the household reasonably promptly after the application or continued eligibility is approved.
e. For roomer or boarder households and for households that live in Section 8 housing, or other public housing, and that have their primary heating fuel cost included in their rent, the Department must issue payment as follows:
1. The Department must issue payment before November 1 to all households that had their applications or continued eligibility approved before the date the Department issued such payment.
2. If such a household submits an application or has its eligibility reviewed after the Department issues payment under subsection (e)(1) of this rule, but before the following March 1, the Department must issue payment to the household reasonably promptly after the application or continued eligibility is approved.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2918 p.2 Benefit Payment Schedule
f. For households that make primary heating fuel payments directly to a certified fuel supplier, the Department must issue payment as follows:
1. The Department must issue payment before December 1 to the certified fuel suppliers of all households that had their applications or continued eligibility approved before the date the Department issued such payment.
2. If such a household submits an application or has its eligibility reviewed after the Department issues payment under subsection (f)(1) of this rule, but before the following March 1, the Department must issue payment to the household’s certified fuel supplier reasonably promptly after the application or continued eligibility is approved.
g. For households that have their primary heating fuel cost included in their rent, and do not live in Section 8 housing or other public housing, the Department must issue payment as follows:
1. The Department must issue payment before January 1 to all households that had their applications or continued eligibility approved before the date the Department issued such payment.
2. If such a household submits an application or has its eligibility reviewed after the Department issues payment under subsection (g)(1) of this rule, but before the following March 1, the Department must issue payment to the household reasonably promptly after the application or continued eligibility is approved.
h. The Department may issue an annual nominal payment to households receiving 3SquaresVT benefits that are not receiving fuel assistance.
1. The Department may begin issuing payment to such a household on any day and then annually after that, unless there are changes in circumstances that affect the household’s eligibility for this payment, such as an approved application for fuel benefits.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2919 Use of Benefit Payments
2919 Use of Benefit Payments (06/22/2024, 23-18)
a. For benefits paid to certified fuel suppliers for primary heating fuel, except firewood or wood pellets:
1. Benefits shall be used only for primary heating fuel purchased on or after November 1 until the end of April 30, subject to rule 2921(c).
i. No fuel supplier may pay a fuel benefit or credit balance directly to a fuel household under any circumstances.
ii. Fuel benefits may only be used to purchase primary heating fuel, and fuel benefits may not be used for any other purpose, including repairs to a heating system, parts, special trip charges, or labor.
iii. An eligible household that has an outstanding bill with its primary heating fuel supplier may use up to 17% of the benefit amount to pay for fuel delivered before November 1, provided all the following conditions are met:
A. The fuel supplier and customer agree to use up to 17% of the benefit toward an outstanding balance for fuel delivered before November 1; and
B. The fuel supplier and customer enter into an agreement for a budget plan or repayment plan for the remaining balance.
2. Subject to rule 2921(c), if a household has any remaining fuel benefits on account with a fuel supplier at the end of the day on April 30 each year, the household may not use those benefits, which the supplier must return to the Department no later than May 31 of the same year.
b. For benefits paid to an eligible fuel household for firewood or pellets:
1. Benefits may only be used to purchase firewood or pellets as primary heating fuel.
2. Benefits may only be used from the date of issuance until the end of the following April 30, subject to rule 2921(c).
3. Receipts for the purchase of firewood or pellets must be obtained and retained when using fuel benefit funds.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2919 p.2 Use of Benefit Payments
4. A household that receives benefits for firewood or pellets must produce all fuel receipts to the Department upon request.
5. The household must repay the Department the amount of any fuel benefits that are not properly accounted for in the receipts, and the Department may recoup any money owed by the household under this rule pursuant to rule 2925.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2920 One-Time Benefits
2920 One-Time Benefits (06/22/2024, 23-18)
a. At the sole discretion of the Department’s Commissioner, the Department may issue additional one-time fuel benefits if funding is available.
1. Nothing in these rules shall require the Commissioner to authorize one-time benefits, regardless of the funding available to the Fuel Assistance Program or the Department.
b. Upon the Commissioner’s authorization of one-time benefits, the Department must establish a procedure to determine:
1. The amount of the benefits;
2. The households entitled to a benefit;
3. The methods of distribution of the benefits;
4. The dates when the benefits are issued;
5. Any limitations on the issuance and use of benefits; and
6. Any other details necessary to effectuate this rule.
c. The Department may establish different procedures under subsection (b) of this rule each time the Commissioner authorizes one-time benefits.
d. The Department may issue different one-time payment amounts, including an amount of zero, to each household depending on the household’s circumstances.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2921 Credit Balances
2921 Credit Balances (06/22/2024, 23-18)
a. All benefit payments made to certified fuel suppliers remain the property of the State of Vermont until used for the purchase of primary heating fuel by eligible households.
b. Every year in which a credit balance exists at the end of the day on April 30, the fuel supplier must refund the amount of the balance to the Department no later than May 31 of the same year.
c. At the sole discretion of the Department’s Commissioner, the Department may change one or more of the dates in this rule or rule 2919 or both rules.
1. Nothing in these rules shall require the Commissioner to change any date established in these rules.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2922 Expedited Benefits
2922 Expedited Benefits (06/22/2024, 23-18)
a. A household may request the Department to expeditiously issue seasonal fuel benefits when all of the following conditions are met:
1. The household has submitted a completed seasonal fuel assistance application, including all necessary documents to verify eligibility;
2. The household is eligible for seasonal fuel benefits;
3. The household has not received a fuel benefit during the heating season in which the application was received by the Department; and
4. The Department or a crisis fuel worker has determined that a household has a home heating emergency need, including:
i. The household’s primary heating fuel tank is at 25% or less of its full capacity;
ii. There is one week’s supply or less of fuel for households whose primary heating sources include firewood, wood pellets, or coal; or
iii. The household has received a disconnect notice from a metered utility, and the utility is responsible for either:
A. Providing the household’s primary fuel source; or
B. Operating a necessary component of the household’s primary home heating equipment.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2923 Change in Circumstances
2923 Change in Circumstances (06/22/2024, 23-18)
a. Households must report all changes in circumstances that may affect eligibility or benefit amount within ten days of the date the change occurred.
1. Subject to rule 2925 and subsection (d) of this rule, reported changes will not affect the household’s benefit amount for a benefit that has already been issued.
2. Reported changes will take effect when the Department next determines eligibility and benefit amounts for fuel assistance.
b. The Department may issue an additional benefit during a heating season to a household that received a nominal benefit during the season if one of these changes occurs:
1. The household begins paying a certified fuel supplier for primary heating fuel; or
2. The cost of heating fuel becomes included in a household’s rent payment for households that do not live in Section 8 housing or other public housing.
c. If the Department issues an additional benefit pursuant to subsection (b) of this rule, the Department must deduct the nominal benefit amount received by the household during the heating season from the benefit amount that the household is otherwise eligible for in the same season.
d. The Department may withhold benefits, and may require benefits to be refunded, under any combination of the following circumstances that apply to all adult members of the household:
1. Death;
2. Moved out of Vermont;
3. Spend less than 150 nights in their living unit between November 1 and April 30; or
4. Changed their living arrangement to one excluded under rule 2904.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2924 Change of Fuel Supplier
2924 Change of Fuel Supplier (06/22/2024, 23-18)
a. If a household changes its primary heating fuel supplier, the household must notify the Department within ten days of the change and provide the Department with:
1. The name of the household’s new primary heating fuel supplier and supplier’s contact information;
2. The account number provided by the new supplier associated with the household’s primary residence; and
3. Any other information required by the Department to facilitate the transfer of benefits from the previous fuel supplier to the new supplier.
b. If a household reports a change of fuel supplier after the benefit has been issued, the fuel supplier that received the benefit must transfer the remaining benefit to the new fuel supplier as soon as possible, unless the new supplier is not certified by the Department under these rules.
1. A fuel supplier must not transfer benefits to another supplier that is not certified by the Department.
2. If a household’s new fuel supplier is not certified, the original supplier must return the remaining benefit to the Department.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2925 Recoupment
2925 Recoupment (06/22/2024, 23-18)
a. The Department may recoup any overpayment of benefits, regardless of the reason for the overpayment.
b. In the case of fraud or an intentional program violation, the household shall be disqualified from receiving any further fuel assistance benefits until the first of the following occurs:
1. The Department recoups the entire overpayment amount; or
2. One heating season has passed during which the household received no fuel assistance benefits.
c. The Department may use any lawful means to recoup an overpayment, including any of the following or any combination of the following:
1. The Department may require a household to repay the amount of the overpayment;
2. The Department may require a household’s fuel supplier to repay the amount of the overpayment on behalf of the household from any balance remaining on the household’s account;
3. The Department may withhold an equivalent amount of future benefits until the full amount of the overpayment is repaid; or
4. The Department may disqualify the household from receiving benefits for a specified time period.
d. The Department must request recoupment of the overpayment within 180 days of the end of the heating season in which the overpayment occurred, except in the case of fraud.
1. When an overpayment is the result of fraud, the Department must request recoupment within 180 days of the Department’s discovery of the fraud.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2926 Notice and Appeal Rights
2926 Notice and Appeal Rights (06/22/2024, 23-18)
a. An applicant or household that is aggrieved by any action or inaction of the Department may request a fair hearing with the Human Services Board.
b. When issuing a decision or taking an action affecting an applicant or a household’s benefits, the Department must provide written notice to the applicant or household of their right to appeal the decision or action to the Human Services Board.
1. The notice shall inform applicants and households of how and when to request a fair hearing with the Board.
c. An applicant or household that wants to appeal must submit a request for a fair hearing to the Human Services Board within 90 days of the Department’s action or decision.
d. When the Department has not acted on an application or request, the person who wants to appeal must submit a request for a fair hearing to the Human Services Board within 90 days after the date the person submitted the application or request to the Department.
e. If a person communicates a wish for a hearing or appeal to the Department, the Department must promptly notify the Human Services Board of the person’s request for a fair hearing.
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Vermont Department for Children and Families Seasonal Fuel Assistance Rules Economic Services Division 2927 Severability
2927 Severability (06/22/2024, 23-18)
a. The provisions of these rules are severable.
b. If any provision of these rules is invalid, or if any application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application.
Table of Contents
3100 Crisis Fuel Assistance ..................................................................................................................1 3101 Definitions....................................................................................................................................2 3102 Crisis Fuel Eligibility ...................................................................................................................4 3103 Life-Threatening Home Heating Crisis .......................................................................................6 3104 Crisis Fuel Application ................................................................................................................7 3105 Crisis Fuel After-Hours Assistance .............................................................................................9 3106 Crisis Fuel Heating Season ........................................................................................................11 3107 Crisis Fuel Verification ..............................................................................................................12 3108 Crisis Fuel Benefits ....................................................................................................................14 3109 Crisis Fuel Limits .......................................................................................................................16 3110 Crisis Fuel Referrals ..................................................................................................................17 3111 Recoupment ...............................................................................................................................18 3112 Crisis Fuel Notice and Appeal Rights ........................................................................................19 3113 Severability ................................................................................................................................22
1
Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3100 Crisis Fuel Assistance
3100 Crisis Fuel Assistance (06/22/2024, 23-20)
a. The Fuel Assistance Program is authorized and funded by the federal Low-Income Home Energy Assistance Program (LIHEAP) block grant (42 U.S.C. §§ 8621–8630), and through the State of Vermont Home Heating Fuel Assistance Program (33 V.S.A. §§ 2601–2609).
b. It is the purpose of the Fuel Assistance Program to secure the safety and health of low-income Vermont households by providing essential home heating assistance.
c. The Fuel Assistance Program offers both seasonal fuel assistance, rules 2900–2927, and crisis fuel assistance, rules 3100–3113.
1. The Seasonal Fuel Assistance Rules are incorporated by reference herein to the extent they do not conflict with these Crisis Fuel Assistance Rules.
d. Crisis fuel assistance may be granted to alleviate an emergency for households at risk of being without heat.
e. The Department may contract with community or other organizations for crisis fuel eligibility determination and benefit issuance.
1. If the Department contracts with another entity, these Crisis Fuel Assistance Rules apply.
f. Each year the Department shall allocate an appropriate amount of funds to the crisis fuel assistance program.
g. These rules are adopted pursuant to 33 V.S.A. § 2602(b) and § 2609(a).
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3101 Definitions
3101 Definitions (06/22/2024, 23-20)
a. The following definitions apply to the terms used in these rules:
1. “Department” means the Economic Services Division of the Vermont Department for Children and Families.
2. “Disabled” means a person who meets one or more of the following criteria:
i. Receives Supplemental Security Income (SSI) for Aged, Blind, or Disabled under Title XVI of the Social Security Act;
ii. Receives disability or blindness payments under Titles I, II, X, XIV, or XVI of the Social Security Act;
iii. Receives a federally or state-administered SSI supplemental benefit based on disability or blindness;
iv. Receives a federally or state-administered SSI supplemental benefit under § 212(a) of Public Law 93-66;
v. Receives disability retirement benefits from a governmental agency because of a disability considered permanent under § 221(i) of the Social Security Act;
vi. Receives benefits under the Railroad Retirement Act of 1974 because of a disability considered permanent under Title XVI of the Social Security Act; or
vii. Receives Vermont Medicaid because of a disability considered permanent under Title XVI of the Social Security Act.
3. “Elderly” means a person 60 years of age or older.
4. “Fuel Household” or “Household” shall be interpreted in accordance with 33 V.S.A. § 2601a and means any person or group of people who live together as one economic unit and either:
i. Customarily make purchases in common for home heating fuel; or
ii. Make undesignated payments for home heat in the form of rent.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3101 p.2 Definitions
5. “Living Unit” means a structure that meets all the following criteria:
i. Is occupied by one or more members of the household;
ii. Is used as the household’s primary domicile;
iii. Is one or more of the following:
A. Affixed to the ground on a permanent foundation;
B. A manufactured home as defined by 9A V.S.A. § 9-102(a)(53); or
C. Permanently immobile and not accessing water or electricity from another living unit or building;
iv. Contains one or more rooms;
v. Contains bathroom facilities specific to that unit;
vi. Contains kitchen facilities specific to that unit; and
vii. Has either:
A. A private entrance from the outside; or
B. A private entrance from an enclosed hallway leading from the outside that does not pass through or offer open access to any other living unit within the structure.
6. “Primary Heating Fuel” means the energy type listed in the Standard Heating Cost Tables that provides the largest portion of heat in the living unit.
7. “Resident” means a person who has been physically present in the State of Vermont and intends to make Vermont one’s permanent home, regardless of how long the person has lived in the State.
i. A person in Vermont involuntarily, or for a temporary purpose, is not a resident.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3102 Crisis Fuel Eligibility
3102 Crisis Fuel Eligibility (06/22/2024, 23-20)
a. These rules are intended to provide a framework for staff to grant assistance to households that are facing a heating crisis.
b. The crisis fuel assistance program is not an entitlement program, and the Department retains discretion over whether to issue benefits to a household and the amount of any such benefits.
c. A household may be eligible for crisis fuel assistance if they meet all the following criteria:
1. All the members of a household must be Vermont residents at the time of application for crisis fuel assistance;
i. A person remains a resident until the person moves outside the State of Vermont with the intent to permanently reside elsewhere;
2. A household member must be a citizen or national of the United States or a qualified immigrant under Seasonal Fuel Assistance Rule 2907;
3. The total gross income of all fuel household members must not exceed 200% of the federal poverty guidelines based on household size;
i. Fuel household membership shall be determined using Seasonal Fuel Assistance Rules 2903–2904;
ii. A household’s total gross income shall be calculated using Seasonal Fuel Assistance Rules 2910–2912, except:
A. Income must be calculated based only on income actually received by the household in the 30 days before the application is submitted, regardless of the source of income; and
B. Income tax forms shall not be used to calculate income; and
iii. The allowable income maximum for each household size shall be updated in the Fuel Procedures Manual in accordance with the federal poverty guidelines published by the U.S. Department for Health and Human Services.
4. The household must:
i. Receive seasonal fuel assistance;
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3102 p.2 Crisis Fuel Eligibility
ii. Apply for seasonal fuel assistance at the same time as the application for crisis fuel assistance;
iii. Submit a seasonal fuel assistance application as soon as possible if extenuating circumstances prevent the simultaneous submission of applications for seasonal fuel assistance and crisis fuel assistance; or
iv. Have a gross household income above 185% of the federal poverty guidelines based on household size;
5. The Department or a crisis fuel worker has determined that a household has a home heating emergency need, including:
i. The household’s primary heating fuel tank is at 25% or less of its full capacity;
ii. There is one week’s supply or less of fuel for households whose primary heating sources include firewood, wood pellets, or coal; or
iii. The household has received a disconnect notice from a metered utility, and the utility is responsible for either:
A. Providing the household’s primary fuel source; or
B. Operating a necessary component of the household’s primary home heating equipment.
6. The household must demonstrate that unforeseen extenuating circumstances have prevented the household from heating the living unit; and
7. The head of household must spend at least 150 non-consecutive nights in their living unit between November 1 and April 30.
d. A household that has its primary heating fuel cost included in its rent may be eligible for crisis fuel assistance if the household meets all the eligibility criteria in subsection (c) of this rule and either of the following conditions are met:
1. The landlord is not available to authorize continuation of the primary heating fuel; or
2. The health or safety of a household member is threatened and no one in the household caused the home heating emergency need, as determined by the eligibility staff.
6
Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3103 Life-Threatening Home Heating Crisis
3103 Life-Threatening Home Heating Crisis (06/22/2024, 23-20)
a. A life-threatening home heating crisis occurs when:
1. A household has an imminent risk of being without heat; and
2. A member of that household is unable to temporarily relocate to a heated space because of a documented medical condition.
b. If a household has a life-threatening home heating crisis and the household is eligible for crisis fuel assistance under these rules, then the Department or a crisis fuel worker must make reasonable efforts to resolve the home heating crisis within 18 hours after the Department or crisis fuel worker determines the household is eligible for assistance.
c. A household with a life-threatening home heating crisis that receives crisis fuel assistance must submit documentation in accordance with rule 3107(h).
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3104 Crisis Fuel Application
3104 Crisis Fuel Application (06/22/2024, 23-20)
a. A household must file a separate crisis fuel application each time the household requests crisis fuel assistance.
b. An applicant must apply in person unless any of the following exceptions apply:
1. The applicant’s need is particularly urgent;
2. Weather conditions prevent the applicant from applying in person;
3. The applicant is unable meet in person due to illness;
4. The applicant is elderly of disabled; or
5. Other extenuating circumstances prevent an applicant from meeting in person.
c. Certain designated employees of Area Agencies on Aging may act on behalf of an elderly or disabled applicant if the applicant is unable to apply in person or remotely.
d. Total household income and household size must be recalculated each time an applicant applies for crisis fuel assistance.
e. An applicant must provide the Social Security Numbers of all household members in accordance with Seasonal Fuel Assistance Rule 2909.
f. Applications are not final unless they are completed, signed, and returned to a crisis fuel worker with required verifications.
g. New applicants must provide documents to the crisis fuel worker to verify their identity and immigration status, pursuant to Seasonal Fuel Assistance Rules 2908.1 and 2908.2, at the time they submit their applications for fuel benefits.
h. If an applicant does not provide all the necessary documents to process an application, the crisis fuel worker may contact the applicant to request such documents.
i. Failure to comply with the application requirements under subsections (e) or (f) of this rule may result in:
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3104 p.2 Crisis Fuel Application
1. Forfeiture of all rights to receive fuel assistance in the future; or
2. Recovery by the Department of assistance already granted, including recovery from seasonal fuel benefits; or
3. Both (1) and (2) above.
j. The crisis fuel worker may deny the application if the crisis fuel worker is unable to verify the identity or immigration status of any applicant.
k. Crisis fuel workers must accept applications from the last Monday in November to the second Friday in April for all households whose primary heating fuel is oil, kerosene, bulk propane, coal, firewood, or wood pellets.
l. Crisis fuel workers must accept applications from the last Monday in November to the last business day in April for all households whose primary heating fuel is electricity, natural gas, or metered propane.
m. Applicants must provide all the following information at the time of application:
1. The name of the household’s primary heating fuel supplier and the supplier’s contact information;
2. The account number provided by the primary heating fuel supplier associated with the household’s primary residence;
3. The name of the household’s electricity provider and the account number provided by the household’s electricity provider associated with the household’s primary residence; and
4. Any other information required by the Department or the crisis fuel worker to facilitate the issuance of benefits to the household.
n. Notwithstanding subsections (k) and (l) of this rule, the Department may change the dates for accepting applications based on weather conditions or funding.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3105 Crisis Fuel After-Hours Assistance
3105 Crisis Fuel After-Hours Assistance (06/22/2024, 23-20)
a. During the crisis fuel heating season, the Department must provide heating assistance outside of regular business hours in accordance with this rule.
1. The Department may contract with another person to provide assistance under this rule.
b. The Department may limit after-hours assistance to certain days and times, and the Department may change the days and times it provides after-hours assistance.
c. The Department may provide after-hours assistance only to households with no heat.
d. The Department may provide any after-hours assistance necessary to heat the living unit of a qualifying household, including:
1. Providing the household with fuel;
2. Providing a household’s fuel supplier with a voucher for the benefit of the household;
3. Repairing or replacing equipment necessary to provide heat to the household;
4. Providing electric heaters or alternative sources of heat; or
5. Supplying any other goods or services necessary to heat the living unit in which the household resides.
e. Qualifying households are not entitled to any particular form of assistance under this rule.
f. The Department may impose additional qualifications on households to receive some or all forms of after-hours assistance provided by the Department.
1. For example, the Department may limit the provision of fuel after hours only to households that have a member who is elderly, disabled, or under the age of six.
2. The Department may also impose limits on the number of times a household receives after- hours assistance during the crisis fuel heating season.
g. Households seeking after-hours heating assistance must be interviewed by a crisis fuel worker by telephone or by another method permitted by the Department.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3105 p.2 Crisis Fuel After-Hours Assistance
h. The crisis fuel worker may deny after-hours assistance if:
1. The household could have reasonably avoided the emergency that resulted in the lack of heat;
2. The household is ineligible for assistance under rule 3102;
3. The household does not meet the qualifications established by the Department under this rule 3105 to receive after-hours assistance; or
4. The household is reasonably able to wait until the following business day to apply for assistance.
i. A household that receives after-hours assistance must submit a completed written crisis fuel application to a crisis fuel worker, in accordance with rule 3104, as soon as reasonably possible.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3106 Crisis Fuel Heating Season
3106 Crisis Fuel Heating Season (06/22/2024, 23-20)
a. The crisis fuel heating season begins on the last Monday of November each year and ends on April 30 of the following year.
b. Notwithstanding subsection (a) of this rule, at the sole discretion of the Department’s Commissioner, the Department may change the dates of the crisis fuel heating season.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3107 Crisis Fuel Verification
3107 Crisis Fuel Verification (06/22/2024, 23-20)
a. Income of all persons in the fuel household, regardless of the source of income, must be verified unless the Department or the crisis worker has verified the household’s income in the past 30 calendar days and the household’s eligibility circumstances have not changed.
b. A person’s self-declaration of income, by itself, shall not be an acceptable method of verification, and an applicant must provide any business-related or income-related document requested by the Department or the crisis worker to verify income.
c. Verification from an eligible applicant’s landlord is required when all the following conditions are present:
1. The applicant is seeking crisis assistance to:
i. Avert an imminent disconnection of the applicant’s electric service; or
ii. Reestablish the applicant’s electric service;
2. The applicant’s electric service is required to operate the heating system in a multi-family building; and
3. The heating system (e.g., furnace) is located outside the applicant’s living unit.
d. All verification must be provided at the time of application or within five calendar days of the application date.
1. The Department may extend or waive the five-day deadline to provide verification if:
i. A natural disaster prevents the household from providing verification;
ii. A household member’s serious illness prevents the household from providing verification;
iii. The employer of a household member has refused, or is unable, to provide income verification;
iv. The household’s landlord is unavailable to provide the verification required by subsection (c) of this rule; or
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3107 p.2 Crisis Fuel Verification
v. Extenuating circumstances, beyond the household’s control, prevent the household from providing timely verification.
e. Except in the case of first-time applicants, the crisis worker may grant assistance prior to receipt of verification when the following conditions exist:
1. The urgency of the situation requires immediate action, which the crisis worker has documented;
2. The applicant agrees to produce verification within five calendar days; and
3. The applicant’s statement indicates that the household will be eligible when verification is produced.
f. A crisis worker may not grant assistance prior to receipt of verification of identity and immigration status from a new applicant, but verification of other eligibility factors may be delayed for the reasons provided in subsection (e) of this rule.
g. When any eligibility factor is questionable, the applicant may be required to provide additional evidence to verify one or more eligibility factors.
h. In a life-threatening home heating crisis, the medical condition must be documented by a licensed medical professional within 30 calendar days of the application.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3108 Crisis Fuel Benefits
3108 Crisis Fuel Benefits (06/22/2024, 23-20)
a. Benefits are limited to payment for the following:
1. A minimum delivery of bulk fuels not to exceed:
i. 125 gallons for oil, propane, kerosene, and other liquid fuels, or less when the provider allows for a smaller minimum delivery;
ii. One ton of coal or pellets; or
iii. One cord of wood.
2. When a disconnection notice has been issued for a metered service, such as natural gas, electricity or propane, the benefit payment will be no more than:
i. One half of the most recent metered service bill, when billing is for two months of service;
ii. The amount of the prior month’s bill; or
iii. The minimum amount required by the utility to avert the discontinuation of service.
A. A service limiter may be considered equivalent to a shut-off notice.
3. Heating unit start-up charges, including pressure tests;
4. Utility service charges required for operation of the heating unit to avert shut off; or
5. Bulk fuel in a can or cans to temporarily maintain heat.
b. When an applicant’s fuel tank is empty, the crisis fuel worker may authorize payment to a certified fuel supplier for a special trip to deliver fuel to the applicant’s tank, if the supplier charges extra for such a delivery and no other options are available to temporarily heat the living unit.
1. If the Department pays special fuel charges or related charges on behalf of a household under this rule, the applicant must sign a notice acknowledging that the Department will not pay for such charges again.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3108 p.2 Crisis Fuel Benefits
2. If special fuel charges and/or related charges are paid by the Department under this rule, the Department shall not pay such charges on the household’s behalf again, regardless of whether the applicant receives or signs the notice required by this rule.
c. Qualifying households are not entitled to any particular form of assistance under this rule.
d. The Department or a crisis fuel worker must make reasonable efforts to resolve the home heating crisis within 48 hours after the Department or crisis fuel worker determines the household is eligible for crisis fuel assistance.
e. No crisis fuel worker may authorize payment for, and the Department shall not pay, a deposit on a household’s behalf.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3109 Crisis Fuel Limits
3109 Crisis Fuel Limits (06/22/2024, 23-20)
a. Regardless of a household’s eligibility, the Department and crisis fuel workers may issue crisis fuel benefits only if there are funds available that have been appropriated for such benefits.
1. If funds become unavailable, the Department and crisis fuel workers must stop issuing crisis fuel benefits, regardless of a household’s eligibility.
2. If funds remain available, the Department and crisis fuel workers must stop issuing crisis fuel benefits at the end of each crisis fuel heating season, regardless of a household’s eligibility.
b. An eligible household under these rules that is receiving or is eligible for seasonal fuel benefits may receive no more than one crisis fuel benefit during the crisis fuel heating season.
c. If a household is eligible for benefits under these rules because the household’s income exceeds 185% of the federal poverty guidelines, but does not exceed 200% of the federal poverty guidelines, then the household may receive no more than two crisis fuel benefits during the crisis fuel heating season.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3110 Crisis Fuel Referrals
3110 Crisis Fuel Referrals (06/22/2024, 23-20)
a. The crisis fuel worker must make appropriate referrals to assist applicants in the prevention of future fuel emergencies.
b. Applicants must follow up on referrals to receive crisis fuel assistance in the future.
c. Each household that receives crisis fuel assistance must accept services from the home weatherization assistance program.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3111 Recoupment
3111 Recoupment (06/22/2024, 23-20)
a. The Department may recoup any overpayment of benefits, regardless of the reason for the overpayment.
b. In the case of fraud or an intentional program violation, the household shall be disqualified from receiving any further fuel assistance benefits until the first of the following occurs:
1. The Department recoups the entire overpayment amount; or
2. One heating season has passed during which the household received no fuel assistance benefits.
c. The Department may use any lawful means to recoup an overpayment, including any of the following or any combination of the following:
1. The Department may require a household to repay the amount of the overpayment;
2. The Department may require a household’s fuel supplier to repay the amount of the overpayment on behalf of the household from any balance remaining on the household’s account;
3. The Department may withhold an equivalent amount of future benefits until the full amount of the overpayment is repaid; or
4. The Department may disqualify the household from receiving benefits for a specified time period.
d. The Department must request recoupment of the overpayment within 180 days of the end of the crisis fuel heating season in which the overpayment occurred, except in the case of fraud.
1. When an overpayment is the result of fraud, the Department must request recoupment within 180 days of the Department’s discovery of the fraud.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3112 Crisis Fuel Notice and Appeal Rights
3112 Crisis Fuel Notice and Appeal Rights (06/22/2024, 23-20)
a. When issuing a decision or taking an action affecting an applicant or a household’s benefits, the crisis fuel worker must provide written notice to the applicant or household of their right to appeal the decision or action.
1. The notice shall inform applicants and households of how and when to appeal.
2. An applicant or household, that is aggrieved by any action or inaction of a crisis fuel worker, is referred to in this rule 3112 as an “Appellant.”
b. An Appellant may request the Director of the Community Action Agency, where the crisis fuel application was submitted, to review the crisis fuel worker’s action or inaction.
1. An Appellant that wants a Director’s review must notify the Community Action Agency within two business days of the crisis fuel worker’s action or decision.
2. If the Community Action Agency has not acted on a crisis fuel application within one business day after the application was submitted, the Appellant must request an immediate review within three business days after the application was submitted.
3. A Director is not required to review a crisis fuel worker’s action or inaction if the Appellant does not request a review within the times provided in this subsection (b).
c. If an Appellant timely requests a Director’s review, the review must proceed as follows:
1. The Community Action Agency’s Director may have a designee conduct the review, so long as the designee is the not the crisis fuel worker who acted on or failed to act on the application.
2. A Director’s (or designee’s) review is intended to be an informal process conducted by the Community Action Agency in any manner that is not inconsistent with the law or these Crisis Fuel Assistance Rules.
3. An Appellant may have another person assist them during the review.
4. The Director or designee must listen to the Appellant and examine the Appellant’s application and case file.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3112 p.2 Crisis Fuel Notice and Appeal Rights
5. In addition to the application and case file, the Director or designee must consider one or more of the following:
i. The Appellant’s specific emergency;
ii. The predictability of the emergency;
iii. Appellant’s extenuating circumstances;
iv. Actions taken by the Appellant to avoid or minimize the emergency;
v. Whether crisis fuel benefits will alleviate the Appellant’s emergency; or
vi. Other solutions that would alleviate the Appellant’s emergency.
6. The Director or designee may waive one or more of the Community Action Agency’s policies or procedures in extraordinary circumstances in the interest of justice.
i. The Director or designee may not waive any Department rule, including these Crisis Fuel Assistance Rules, or any other legal requirement or regulation.
7. The Director or designee must consult with the Department about a review requested by an Appellant under the following circumstances:
i. The Director or designee may consult with the Department about any issue raised by an Appellant.
ii. If the Director or designee intends to uphold a denial of benefits, the Director or designee must consult with the Department.
A. The Director or designee may not deny benefits to an Appellant after a review unless the Department endorses the denial.
B. The Community Action Agency must issue crisis fuel benefits to an Appellant after a review if directed to do so by the Department.
8. The review must be completed, and the Director or designee must issue a written decision regarding the Appellant’s grievance, within one business day of receiving the request from the Appellant.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3112 p.3 Crisis Fuel Notice and Appeal Rights
9. The Director’s or designee’s written decision must inform the Appellant of:
i. The Department’s endorsement if the Director or designee upholds the denial of crisis fuel benefits; and
ii. The right to appeal a decision to the Human Services Board, including how and when to request a fair hearing with the Board.
10. If the Director does not hold a review or issue a written decision within two business days of an Appellant’s request for a Director’s review, the Appellant must inform the Department within two business days of an Appellant’s request for a Director’s review.
d. If the Appellant does not agree with the Director’s or designee’s decision, the Appellant must request a hearing with the Human Services Board within 90 calendar days of the Director’s or designee’s decision.
1. The Appellant must follow all the requirements of this rule 3112, including all applicable deadlines, before submitting a request for a fair hearing to the Human Services Board.
2. If an Appellant communicates to the Department or the Community Action Agency that the Appellant wishes to appeal a Director’s or designee’s decision, the Department or Agency must immediately notify the Human Services Board of the Appellant’s request for a fair hearing, regardless of whether the Appellant has followed all requirements stated in these rules.
i. The Human Services Board must determine whether the Appellant exhausted administrative remedies before the Appellant requested a fair hearing.
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Vermont Department for Children and Families Crisis Fuel Assistance Rules Economic Services Division 3113 Severability
3113 Severability (06/22/2024, 23-20)
a. The provisions of these rules are severable.
b. If any provision of these rules is invalid, or if any application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications of these rules which can be given.