department of health and social services

Division of Social Services

final

ORDER

2014.1 Definitions; 3001 Definitions

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 case processing procedures. 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:

Citations

Summary of Proposed Changes:

The purpose of this amendment is to update the policies at DSSM 2014.1, Definitions: Budgeting Procedures for TANF, GA, RCA, FS, and DSSM 3001, Definitions: Technical Eligibility for Cash Assistance. DSS is not changing existing policies or procedures. The changes for clarification and process purposes include removing language, renumbering, correcting grammatical and typographical errors.

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 clarification changes to the policies of case processing procedures be adopted informally as an exempt regulation and shall become effective March 10, 2006.

Vincent P. Meconi, Secretary, DHSS, 2/14/06

DSS EXEMPT REGULATION #06-08

REVISIONS:

2014.1 Definitions

The following definitions are applicable to this section:

1. Prospective budgeting means to determine eligibility or to compute the benefit level for a payment/issuance month based on the Division's best estimate of income and circumstances which will exist in that month. The worker will base the estimate on the Division's reasonable expectation and knowledge of current, past, or future circumstances verified through the employer, recent paystubs pay stubs, award letters, the applicant or other income source.

2. Budget month means the calendar month for which the Division uses income or circumstances to compute the amount of the benefit.

NOTE: In prospective budgeting, the budget month and the payment/issuance month are the same.

3. Payment/issuance month means the calendar month for which benefits are paid.

4. Beginning/initial month means those months at initial application in which benefits may be calculated differently than on-going months.

A month in which an applicant household is determined eligible and would have received a benefit except for the $10 restriction will be a benefit considered as an initial month.

A month is in which an applicant household is ineligible for the month of application, but eligible for the following month, will not be counted as an initial month for food stamps or TANF/GA.

(Break in Continuity of Sections)

3001 Definitions

The following words and terms, when used in the context of these policies, will, unless clearly indicated otherwise, have the following meanings:

BA. Benefits (Non-Time-Limited) - the receipt of TANF benefits that are not subject to a time limitation.

Benefits (Time-Limited) - the receipt of TANF benefits for a limited period of time.

CB. Caretaker (Needy) - a parent or non-parent included in the grant who is caring for a needy child. Needy caretakers are required to comply with the CONTRACT OF MUTUAL RESPONSIBILITY to receive benefits. Needy caretakers are subject to the time limit requirements.

Caretaker (Non-needy) - a non-parent, not included in the grant, who is caring for a needy child. Non-needy caretakers are required to comply with the CONTRACT OF MUTUAL RESPONSIBILITY to receive benefits. Non-needy caretakers are not subject to the time limit requirements. These caretakers will receive benefits under the Children's Program.

DC. Children's Program - the name of the agency's program for persons who receive non-time-limited benefits. Persons in this program are not subject to the usual time limits for the receipt of benefits. However, persons in this program must comply with a non-work-related CONTRACT OF MUTUAL RESPONSIBILITY, e.g., participation in parenting classes, school attendance for the child or immunizations as necessary.

D. Contract Of Mutual Responsibility - an agreement between the TANF client and the agency which sets obligations and expectations between the TANF client and agency in exchange for benefits.

E. Cumulative Months - the total number of months, not necessarily consecutive months, which make up a particular time period.

F. Demonstration Project - another way to refer to the new welfare program prior to it becoming "TEMPORARY ASSISTANCE TO NEEDY FAMILIES."Delaware’s Temporary Assistance for Needy Families (TANF) Program - the title of Delaware’s welfare reform program.

G. Employable - the ability to engage in activities necessary to acquire and retain a job, at a wage level at least equal to the minimum wage; an employable person is physically and mentally able to participate in employment or activities necessary to seek and obtain employment, e.g. job search, job training, job readiness, etc. While an individual is employable the receipt of benefits is time-limited.

H. Employment (Subsidized) - a public or private sector job for which the employer receives a grant or allotment to pay all or a portion of the employee’s wage.

Employment (Unsubsidized) - a public or private sector job for which the employer receives no grant or allotment to pay either all or a portion of the employee's wage.

I. Good Cause - An adult recipient may have legitimate reasons for not cooperating either in the development of the Contract of Mutual Responsibility or the requirements as set forth in the Contract. The adult recipient has "good cause" when either a circumstance or condition exists in either her/his personal or family situation beyond which she/he has no control, and which would prevent cooperation and/or participation.

Good cause for quitting a job would include but not necessarily be limited to:

J. H.B. 251 (1995) - House Bill 251 established the Delaware Welfare Employment Program. This is a program where the agency places TANF clients in jobs with local employers while subsidizing the client’s salary up to the State’s minimum wage for a maximum of six months.

JK. Pay After Performance - A work experience program required for families with employable adults where the adult has not found employment or has lost a job. Families who were continuously on TANF prior to 01/01/2000 will have 24 months before being required to enter into this program. Families reapplying on or after 01/01/2000 will immediately enter this program. Participants will work to earn TANF benefits.

L. Sanction - a financial penalty for TANF client’s failure or refusal without good cause to meet her/his work requirements. If the client refuses or fails to meet work related requirements (job search, training, etc.) or quits a job without good reason, for the 1st offense the penalty is 1/3 reduction of the grant; the second offense is a 2/3reduction; and the 3rd is permanent loss of the entire grant. If the TANF client refuses or fails to attend a Contract of Mutual Responsibility requirement (e.g., participate in parenting education) the penalty is a $50.00 reduction in the grant for each month the client refuses or fails to participate.

KM. Suitable Employment - employment that provides income at least equal to the payment standard after deduction of work expenses, the TANF work deduction and child care as paid, and provides wages at least equal to the minimum wage. Individuals will be expected to work at jobs that are below their skill levels, if such positions provide the only available employment.

LN. Two Parent Program - able-bodied parents and their children who meet the standard of need and all TANF eligibility requirements, except deprivation, will be eligible for cash benefits. Eligibility for this program is based on need; there is no deprivation requirement. Cash benefits are time limited and both parents must comply with a Contract of Mutual Responsibility.

When one parent in an intact family is incapacitated, the family should not be placed in the two-parent program.

MO. Unemployable - the inability to engage in activities necessary to work for at least the minimum wage; the person is prohibited because s/he is physically or mentally disabled. An unemployable individual cannot participate in employment or activities necessary to seek and obtain employment, e.g., job search, job training, job readiness, etc.

The determination and duration of unemployability are made by a health care professional (e.g., doctor, nurse, nurse practitioner, therapist, etc.). Periods of unemployability are not counted toward the cumulative months of benefit eligibility under the time-limited program.

9 DE Reg. 1370 (03/01/06) (Final)