65A-4.2081: Hurricane Katrina Emergency Assistance Program for Evacuees
PURPOSE AND EFFECT: The purpose of this proposed rule is to keep the subject matter of Emergency Rule 65AER 05-1 in effect without interruption for the provision of Emergency Cash Assistance benefits to eligible evacuees of the Hurricane Katrina disaster. The Hurricane Katrina Emergency Assistance Program for Evacuees or Emergency Cash Assistance (ECA) program provides a one-time cash assistance payment equal to four months of temporary cash assistance (TCA) at the maximum payment level for the household size with a Tier-One Shelter Standard to evacuees from Louisiana, Mississippi, and Alabama.
SUMMARY: Specific provisions for the Hurricane Katrina Emergency Assistance Program for Evacuees or ECA program include definitions; requirements related to application, eligibility, income and assets, residency, and verification; and, the length of time the ECA program will be available. It provides for a one-time cash assistance payment equal to four months of TCA at the maximum payment level for the household size with a Tier-One Shelter Standard. It also provides verification requirements for Katrina evacuee applicants and an application form incorporated by reference.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 414.45 FS.
LAW IMPLEMENTED: 414.16 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Lange, Chief, Program Policy, Economic Self-Sufficiency, Telephone (850)921-0253
THE FULL TEXT OF THE PROPOSED RULE IS:
65A-4.2081 Hurricane Katrina Emergency Assistance Program for Evacuees.
(1) Definitions:
(a) Application for ECA means the application for public assistance described in Administrative Rule 65A-1.205, F.A.C. The Hurricane Katrina Emergency Assistance Program for Evacuees Supplement to the Application for Assistance, Form CF-ES 2346, Sep 2005, incorporated by reference, may be attached to the application.
(b) Assistance Group or Eligible Family means individuals whose needs, income, and resources are considered to determine eligibility for the ECA.
(c) Available Countable Income and Assets means only income and assets available to the family at the time of application based on the applicant’s statement of circumstances.
(d) Minor Child means a child under 18 years of age (or under 19 years of age if a full-time student in high school or its equivalent) living with a parent(s) or caretaker relative.
(e) Evacuee means a minor child, parent(s), or caretaker relative who relocated from
(f) Pregnant Individual means a pregnant woman with no other children and in her third trimester of pregnancy with or without medical verification of ability to work.
(g) Student criteria includes an 18-year-old child who was attending or enrolled in high school in the affected state when the hurricane struck and is now enrolled or attending school in Florida.
(h) Tier-One Shelter Standard means the shelter standard set forth in s. 414.095(11), F.S.
(2) Household Eligibility Requirements for ECA. The family:
(a) Must have resided in
(b) Must contain a minor child(ren) living with a parent(s) or caretaker relative.
(c) Must meet the standard filing unit and familial relationship policies prescribed for TCA in Administrative Rule 65A-4.208, F.A.C., except:
1. Student criteria is governed by this rule.
2. Pregnant women as defined in this rule with no other children in the household can qualify for ECA as a family of one.
(d) Will have eligibility determined counting only the needs of family members who evacuated to
(e) Must have available income equal to or less than 200 percent of the federal poverty level for their household size. Income and assets available to the family at the time of application will be considered when determining eligibility. If the income or assets exceed the applicable limit in the month of application, but are reduced below such limit by the following month, ECA for the month of application will be denied. ECA will be approved for the following month, but ECA will not be disbursed until the month for which eligibility is established. For deferred payments, the applicant(s) or assistance group is not required to resubmit an application.
(f) Must have countable assets equal to or less than $2,000.
(g) Must meet the technical requirements of citizenship/alien status set forth in s. 414.095(3), F.S. and the non-fleeing felon status set forth in s. 414.095(14)(g), F.S.
(h) Cannot be concurrently receiving Temporary Assistance for Needy Families (TANF) cash assistance in any state.
(i) Cannot receive ECA more than one time.
(j) Must apply for ECA no later than August 1, 2006.
(3) Children who were evacuated without their parent/caretaker relative and are now living with a non-evacuee caretaker relative can qualify as a child-only ECA case.
(4) Households that receive an ECA payment cannot receive TCA benefits for four consecutive months beginning with the month of ECA eligibility.
(5) Eligible evacuee households that were denied for TCA prior to implementation of the ECA program will be reviewed and their eligibility and payments will be authorized under the ECA program, without a separate application. Eligible evacuee households that were approved for food stamp or Medicaid benefits prior to implementation of the ECA program may request ECA benefits and be approved without a separate application.
(6) For ECA, the following verification procedures apply:
(a) Verification of applicant(s) or assistance group evacuee status should be obtained when available. Examples include:
1. Driver's license from Louisiana, Mississippi, or
2. Documents or collateral contacts with the Red Cross, other relief agencies, or other individuals who can attest to the household's evacuee status; or
3. Household's statement when no other verification is readily available.
(b) The applicant(s) or assistance group statement regarding available income and resources is acceptable when no other verification is readily available.
(c) Verification of eligible TANF status is required:
1. If the applicant(s) or assistance group claims non-receipt of TANF in another state, an attempt will be made to verify the statement with the other state. If the attempted contact is unsuccessful, the statement will be accepted and recorded in the case file.
2. If the applicant(s) or assistance group claims receipt of TANF in another state, but wants to receive ECA in Florida, an attempted telephone contact to the other state will be made to request case closure. If the attempted contact is unsuccessful, the applicant's or assistance group's statement will be accepted and recorded in the case file, and an e-mail or other form of transmittal will be sent to the other state requesting closure by the next month. ECA will be approved for the following month.
3. If the applicant(s) or assistance group is receiving TANF in another state, but claims not have access to the funds, an attempt will be made to contact the other state to verify, advise the state of the request for assistance in Florida, and to request case closure by the next month. Approval for receipt of ECA will be made for the month of application, if benefits are determined to be unavailable. If it is determined that the funds are available, the application will be approved for the following month.
4. ECA will be denied if the applicant(s) or assistance group claims receipt of TANF, has access to the funds, and indicates they plan to continue receiving TANF in the other state.
Specific Authority 414.45, FS. Law Implemented 414.16, FS. History–New________.