65A-4.220: Amount and Duration of Cash Payment
PURPOSE AND EFFECT: This proposed rule amendment explains agency error policy for purposes of cash assistance benefits, resulting in a clarification of when agency policy will not result in a redetermination of cash assistance benefit amount. The proposed rule also removes the shelter obligation verification requirement.
SUMMARY: The proposed rule amendment clarifies agency policy pertaining to agency error and the effect of agency error on the calculation of the cash assistance benefit amount.
SUMMARY OF STATEMENT 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: 414.045 FS.
LAW IMPLEMENTED: 414.095 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 8, 2008, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Keil, ACCESS Florida Program Policy, 1317 Winewood Boulevard, Building 3, Tallahassee, Florida 32399-0700, (850)410-3291
THE FULL TEXT OF THE PROPOSED RULE IS:
65A-4.220 Amount and Duration of Cash Payment.
(1) The Department determines tThe amount of cash assistance payment that a person receives is determined by using the applicable payment standard minus the total net available income. A resulting deficit must be rounded down to the nearest $1.00 in determining the benefit amount. The minimum grant is $10. Persons eligible for entitled to benefits of under $10 do not receive Ttemporary Ccash Aassistance (TCA) but are considered TCA temporary cash assistance recipients for other purposes, including Medicaid and fFood sStamp coverage.
(2) The TCA temporary cash assistance Pprogram uses utilizes consolidated standards of basic needs, which include food, clothing, household incidentals and shelter. The eligibility specialist selects the applicable standards for the assistance group are selected based on the size of the assistance group and the assistance group’s verified shelter obligation.
(a) The three shelter payment standards shown in a chart in Section 414.095(101), F.S., are referred to in this rule as Tiers I, II and III. They may also be referred to as payment standards. The tier that chart appliesying to an assistance group individual with a shelter obligation greater of more than $50, or that is the shelter standard for the homeless and a teen parent incurring a shelter obligation in alternate living arrangements is Tier I. The tier that chart appliesying to an assistance group individual with a shelter obligation greater than $0 and less than or equal to $50 is Tier II. The tier that chart appliesying to an assistance group individual with a zero shelter obligation and a teen parent living in the home of a parent, other adult relative, or legal guardian regardless of any shelter obligation is Tier III.
(b) The Department uses Tier I and II standards are used for assistance groups who have a purchased shelter obligation such as a mortgage payment, rent, or room and board payment, purchase contract, etc. In order for Tier I or Tier II to be budgeted, the recipient must verify a shelter obligation. A shelter obligation exists when the assistance group recipient has the responsibility to pay for the cost of their housing. When the parent or relative payee’s needs are included in the benefit amount, their shelter obligation is used must be verified. When the parent or stepparent payee’s needs are not included, they must indicate that the child(ren) is required to share their shelter cost and verify their shelter obligation. When a relative payee’s needs are not included, the Department accepts their statement that the child(ren) is required to share their shelter cost is accepted. Assistance group members added at one-half the benefit increase for an additional member are added at $31 for Tier I, $26 for Tier II and $24 for Tier III.
(c)(b) The Department uses Tier Chart III standards are used for assistance groups who do not have a verified shelter obligation. These assistance groups may be responsible for shelter related costs such as water, sewage, garbage, taxes, insurance and upkeep, or have no shelter or shelter related costs.
(3) In order for an assistance group to be eligible on the factor of need, the Department must make an initial determination must be made that the assistance group’s adjusted gross income does not exceed the applicable Ddepartment eligibility standard in subsection (4) of this rule. The eligibility standard is equal to 185 percent of the Cconsolidated Nneed Sstandard (CNS) and is selected based on the size of the assistance group and whether or not the assistance group has a verified shelter obligation.
(4)(a) The Consolidated Need Standard is equal to based on 100 per cent of the current federal poverty level standard. The Eligibility Standard is based on 185 percent of the current federal poverty standard.
(4)(b) For the purpose of the three tier shelter standard, the definition of a homeless family is defined as one which lacks a fixed, regular, and adequate nighttime residence, victims of domestic violence, or one whoich has a primary nighttime residence that is:
(a)1. A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including homeless shelters and shelters for victims of domestic violence;
(b)2. An institution that provides a temporary residence for individuals intended to be institutionalized; or
(c)3. A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for people human beings.
(5) Payments are made in monthly increments throughout the period of eligibility (i.e. – until determined ineligible).
(6) The Department may continue aAssistance can be continued for only one month following the month of departure when the recipient moves out of the state and requests the extension.
(7) The amount of cash assistance payment is determined based on existing eligibility policies. When eligibility policy changes become effective, the amount of cash assistance previously determined to be the correct benefit amount will not automatically be reviewed or redetermined under the new policy. However, if the assistance group can establish that an error in calculating the benefit amount was made by the Department, the case will be reviewed and appropriate corrective action will be taken.
(8) For purposes of subsection (7) of this rule, a change in eligibility policy does not automatically establish agency error or mistake. The case review referred to in subsection (7) will not be made if the sole basis of the assistance group’s claim of error or mistake is the new policy, unless a case review on that basis is expressly and clearly required by law. A change in policy does not constitute an agency error. Therefore a benefit modification may only be provided back to the month of the policy change.
Specific Authority 414.045 FS. Law Implemented 414.095 FS. History–New 1-31-94, Amended 10-9-96, Formerly 10C-1.504, Amended 11-30-98, Formerly 65A-1.504, Amended 2-10-03,_________.