DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)

FINAL

FINAL ORDER

REVISION OF THE REGULATION OF DELAWARE'S DIVISION OF

SOCIAL SERVICES MANUAL (DSSM) 4010

Nature of the Proceedings:

Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to amend the Division of Social Services Manual (DSSM) regarding the TANF and GA Programs. The Department’s proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10113 and its authority as prescribed by 31 Delaware Code Section 512.

Nature of the Exempt Regulation:

Citation

29 Del.C. §10113, Adoption of Regulations; Exemptions

Summary of Proposed Changes

The purpose of this amendment is to correct the errors in the mathematical computations in the examples given in DSSM 4010, Determining Financial Eligibility and Grant Amounts for Pregnant Women in TANF and GA. DSS is not changing existing policies or procedures.

Findings of Fact:

The Department finds that these changes are exempt from the procedural requirements of the Administrative Procedures Act (Title 29 Chapter 101).

THEREFORE, IT IS ORDERED, that the proposed revision regarding technical corrections to DSSM 4010 be adopted informally as an exempt regulation and shall become effective January 10, 2006.

Vincent P. Meconi, Secretary, DHSS , 12/15/05

DSS EXEMPT REGULATION #05-78

REVISIONS:

4010 Determining Financial Eligibility and Grant Amounts for Pregnant Women in TANF and GA

To determine the financial eligibility of a pregnant woman in the month her child is due, compare her gross income to 185% of the TANF standard of need for one (1) person. If income is less than the standard, determine eligibility and the grant amount as outlined in DSSM 4008.

If the pregnant woman lives with the father of her unborn child, financial eligibility is determined by comparing the sum of the pregnant woman's income and the father's income to the TANF standard of need for three (3) people. This is the number of people who would be included in the TANF unit when the child is born. If income exceeds the standard, the TANF application is denied. If income is less than the standard, only the mother's income is considered in determining the amount of the TANF grant. Her budgetable income is subtracted from the TANF standard of need for one person.

EXAMPLE 1: Mrs. Jones applies for TANF for herself. She is in her ninth month of pregnancy and lives with her husband who is the father of her child. He is employed and earns $100 $1200 per month.

$1200< $1737 (185% of TANF standard of need).

$1200 - $90 (work deduction) = $1,110> $939 (TANF

standard of need).

Mrs. Jones is not eligible for an a TANF grant.

EXAMPLE 2: Same as Example 1 except Mr. Jones' income is a $200.00/week UC benefit.

$400 $866 (monthly UC) < $1,737 (185% of TANF

standard of need).

$400 $866 < $939 (TANF standard of need).

Mrs. Jones is eligible for TANF for herself. Since she has no income, she will receive $201, the TANF standard of need for one person.

EXAMPLE 3: Ms. Jones is applying for TANF for herself. She is in her ninth month of pregnancy and lives with the father of her child, Mr. Brown. The couple's income includes Ms. Jones' VA benefit of $50/month and Mr. Brown's UC benefit of $50/week.

$50 (VA) + $200 $216 (UC) = $250 $266 <

$1,737(185% of TANF Standard of Need).

$250 $266 < $937 (TANF Standard of Need).

Ms. Jones is eligible for TANF. To determine the amount of her grant, subtract Ms. Jones' income from the TANF Standard of Need for one person. ($201 - $50 = $151)

NOTE: If the pregnant woman's income exceeds the TANF standard for one person, the TANF application is denied.

When the child is born, the child and the father must be added to the TANF unit. The father's income is budgeted at this time. To determine the amount of the supplemental grant:

1. Calculate the amount of the monthly TANF grant for three people.

2. Subtract the amount of the TANF grant paid to the mother from the monthly TANF grant determined in Step 1.

3. Pro-rate the remainder from the effective date of eligibility.

If the father has income, it is possible that the amount of the monthly TANF grant will be less than the grant paid to the mother in her ninth month. If this happens, no supplemental grant is issued, but Medicaid is approved for the father and child. A TANF grant is authorized effective the first of the following month.

A woman who has a verified pregnancy and receives a GA check the month she delivers her child is eligible for TANF that month for herself and her child if she reports the birth to DSS, and she meets all other TANF technical and financial eligibility requirements.

The TANF grant is effective the date of the child's birth if the birth is reported within five (5) days. The TANF grant is effective the date of the report if it is not reported within five (5) days.

If the pregnancy had not been verified, the TANF grant is effective the date the birth is verified.

The TANF grant amount is the difference between the GA grant received by the mother and the TANF grant that would have been issued if the birth had occurred in the ninth month of pregnancy.

NOTE: Procedures for completing supplemental applications for newborns are outlined in DSSM 2000.7.

EXAMPLE:

1. Joan Brown is eight (8) months pregnant and receiving GA benefits. Her pregnancy has been verified. She has no income and received a $123.00 GA grant on 10/1. Her baby is born on 10/2 and she reports the birth to DSS on 10/4.

$201.00 TANF grant that would be issued to a

pregnant woman with no income the

month she is due.

+ 66.00 Supplemental TANF grant for the child

($270- $201=$69), prorated from 10/2 =

$66).

$267.00 Total TANF grant

$267.00 Total TANF grant

-123.00 GA grant received

$144.00 Supplemental TANF grant

2. The situation is the same as above except the birth is reported on 10/12.

$201.00 TANF grant that would be issued to a

pregnant woman with no income the

month she is due.

+44.00 Supplemental TANF grant for the child

($270 - $201 = $69), prorated from 10/12

= $44).

$245.00 Total TANF grant

$245.00 Total TANF grant

-123.00 GA grant received

$122.00 Supplemental TANF grant

In the first example, the supplemental grant for the child is pro-rated from the date of birth because the birth was reported within five (5) days. It is pro-rated from the date of the report in the second example because the birth was not reported within five days.

9 DE Reg. 1076 (01/01/06) (Final)