CHAPTER 6. APPLICATION FOR TOWNSHIP ASSISTANCE
IC 12-20-6
Chapter 6. Application for Township Assistance
IC 12-20-6-0.5
Previous denial of assistance or conviction
Sec. 0.5. (a) As used in this section, "member of the applicant'shousehold" includes any person who lives in the same residence asthe applicant.
(b) The township trustee shall determine whether an applicant ora member of the applicant's household has been denied assistanceunder IC 12-14-1-1, IC 12-14-1-1.5, IC 12-14-2-5.1, IC 12-14-2-5.3,IC 12-14-2-18, IC 12-14-2-20, IC 12-14-2-21, IC 12-14-2-24,IC 12-14-2-26, IC 12-14-2.5, or IC 12-14-5.5.
(c) A township trustee has no obligation to extend aid to anapplicant or to a member of an applicant's household who has beendenied assistance as described in subsection (b).
(d) A township trustee shall not extend aid to an applicant or to amember of an applicant's household if the applicant or the memberof the applicant's household has been convicted of an offense underIC 35-43-5-7 or IC 35-43-5-7.1 as follows:
(1) If the conviction is a misdemeanor, a township trustee shallnot extend aid to the applicant or the member of the applicant'shousehold for one (1) year after the conviction.
(2) If the conviction is a felony, a township trustee shall notextend aid to the applicant or the member of the applicant'shousehold for ten (10) years after the conviction.
As added by P.L.46-1995, SEC.56.
IC 12-20-6-1
Application and affidavit
Sec. 1. (a) A township trustee may not extend aid to an individualor a household unless an application and affidavit setting forth thepersonal condition of the individual or household has been filed withthe trustee within one hundred eighty (180) days before the date aidis extended.
(b) An individual filing an application and affidavit on behalf ofa household must provide the names of all household members andany information necessary for determining the household's eligibilityfor township assistance. The application must be on the formprescribed by the state board of accounts.
(c) An applicant for utility assistance under IC 12-20-16-3(a) mustcomply with IC 12-20-16-3(d).
(d) The township trustee may not extend additional or continuingaid to an individual or a household unless the individual orhousehold files an affidavit with the request for assistance affirminghow, if at all, the personal condition of the individual or thehousehold has changed from that set forth in the individual's orhousehold's most recent application.
(e) The township trustee shall assist an applicant for townshipassistance in completing a township assistance application if the
applicant:
(1) has a mental or physical disability, including mentalretardation, cerebral palsy, blindness, or paralysis;
(2) has dyslexia; or
(3) cannot read or write the English language.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.21;P.L.259-2001, SEC.1; P.L.73-2005, SEC.29.
IC 12-20-6-2
Repealed
(Repealed by P.L.51-1996, SEC.77.)
IC 12-20-6-3
Eligibility for other public assistance
Sec. 3. Each township trustee shall obtain information aboutpublic assistance programs and services administered by the divisionof family resources and county offices under this article, the SocialSecurity Administration, the federal Food Stamp program (7 U.S.C.2011 et seq.), or by another federal or state governmental entity. Ifa trustee believes a township assistance applicant or a member of theapplicant's household may be eligible for a public assistanceprogram, the trustee may not extend aid to the applicant or theapplicant's household unless the applicant verifies that:
(1) the applicant has filed, within the one hundred eighty (180)days preceding the application for township assistance, anapplication for assistance under a federal or state publicassistance program administered by the division of familyresources and county offices or by another federal or stategovernmental entity;
(2) the applicant or a member of the applicant's household isreceiving assistance under a public assistance programadministered by the division of family resources and countyoffices or another federal or state governmental entity; or
(3) the applicant or a member of the applicant's household hasan emergency need that the trustee determines must be metimmediately.
As added by P.L.2-1992, SEC.14. Amended by P.L.4-1993, SEC.191;P.L.5-1993, SEC.204; P.L.51-1996, SEC.22; P.L.73-2005, SEC.30;P.L.145-2006, SEC.112.
IC 12-20-6-4
Repealed
(Repealed by P.L.51-1996, SEC.77.)
IC 12-20-6-5
Application for other assistance
Sec. 5. If the township trustee determines that an applicant or amember of the applicant's household who is granted emergencytownship assistance under section 3(3) of this chapter may be eligiblefor public assistance other than township assistance, the applicant
shall, not more than fifteen (15) working days after the date thatemergency township assistance was granted, file an application forpublic assistance and comply with all the requirements necessary forcompleting the application process for public assistance administeredby the division of family resources and county offices or anotherfederal or state governmental entity. An applicant or a member of theapplicant's household who fails to file an application for publicassistance not more than fifteen (15) working days after the date thatemergency township assistance was granted may not be grantedtownship assistance for sixty (60) days following the grant oftownship assistance on an emergency basis.
As added by P.L.2-1992, SEC.14. Amended by P.L.4-1993, SEC.192;P.L.5-1993, SEC.205; P.L.51-1996, SEC.23; P.L.73-2005, SEC.31;P.L.145-2006, SEC.113.
IC 12-20-6-5.5
Application for public assistance before granting townshipassistance
Sec. 5.5. (a) This section does not apply in an emergency.
(b) If, before granting township assistance, the township trusteedetermines that an applicant or a member of an applicant's householdmay be eligible for public assistance other than township assistance,the applicant or household member shall, when referred by thetownship trustee, make an application and comply with all necessaryrequirements for completing the application process for publicassistance administered by:
(1) the division of family resources and county offices; or
(2) any other federal or state governmental entity.
(c) An applicant or a household member who fails to:
(1) file an application as specified in subsection (b); and
(2) show evidence that the application, as referred by thetownship trustee, was filed not more than fifteen (15) workingdays after the township trustee's referral;
may be denied township assistance for not more than sixty (60) days.
As added by P.L.51-1996, SEC.24. Amended by P.L.73-2005,SEC.32; P.L.145-2006, SEC.114.
IC 12-20-6-6
Repealed
(Repealed by P.L.262-2003, SEC.9.)
IC 12-20-6-6.5
Denial of relief; welfare fraud
Sec. 6.5. (a) If an individual has been convicted of an offenseunder IC 35-43-5-7, a township trustee may not extend aid to or forthe benefit of that individual for the following periods:
(1) If the conviction is for a misdemeanor, for one (1) year afterthe conviction.
(2) If the conviction is for a felony, for ten (10) years after theconviction. (b) If a township trustee finds that an individual has obtainedtownship assistance from any township by means of conductdescribed in IC 35-43-5-7, the township trustee may refuse to extendaid to or for the benefit of that individual for sixty (60) days after thelater of the:
(1) date of the improper conduct; or
(2) date aid was last extended to the individual based on theimproper conduct.
As added by P.L.51-1996, SEC.25. Amended by P.L.73-2005,SEC.33.
IC 12-20-6-6.6
Aid cannot pay for goods or services during period when assistancedenied
Sec. 6.6. Notwithstanding any other provision of this article:
(1) a township trustee may not extend aid to or for the benefitof an individual if that aid would pay for goods or servicesprovided to or for the benefit of the individual; and
(2) a township is not obligated to pay the cost of basicnecessities incurred on behalf of the household in which theindividual resides;
during a period that the individual has previously applied for andbeen denied township assistance.
As added by P.L.51-1996, SEC.26. Amended by P.L.259-2001,SEC.2; P.L.73-2005, SEC.34.
IC 12-20-6-7
Action on application
Sec. 7. (a) In a case of emergency, a trustee shall accept andpromptly act upon a completed application from an individualrequesting assistance. In a nonemergency request for townshipassistance, the trustee shall act on the completed application not laterthan seventy-two (72) hours after receiving the application,excluding weekends and legal holidays listed in IC 1-1-9. Thetrustee's office shall retain a copy of each application and affidavitwhether or not relief is granted.
(b) The actions that a trustee may take on a completed applicationfor township assistance, except in a case of emergency, are thefollowing:
(1) Grant assistance.
(2) Deny assistance, including a partial denial of assistancerequested.
(3) Leave the decision pending.
(c) A decision pending determination under subsection (b)(3):
(1) may not remain pending for more than seventy-two (72)hours after the expiration of the period described in subsection(a); and
(2) must include a statement listing the specific reasons thatassistance is not granted or denied within the period requiredunder subsection (a).As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.27;P.L.259-2001, SEC.3; P.L.73-2005, SEC.35.
IC 12-20-6-8
Notice of action taken; appeals
Sec. 8. (a) A township trustee shall promptly notify in writingeach applicant for township assistance of action taken upon acompleted application for township assistance. The trustee shall dothe following:
(1) Mail notice or provide personal notice not later thanseventy-two (72) hours, excluding weekends and legal holidayslisted in IC 1-1-9, after the completed application is received,advising the applicant of the right to appeal an adverse decisionof the trustee to the board of commissioners.
(2) Include in the notice required under subdivision (1) thefollowing:
(A) The type and amount of assistance granted.
(B) The type and amount of assistance denied or partiallygranted.
(C) Specific reasons for denying all or part of the assistancerequested.
(D) Information advising the applicant of the procedures forappeal to the board of commissioners.
(b) A copy of the notice described in subsection (a) shall be filedwith the recipient's application and affidavit in the trustee's office.
(c) An application for township assistance is not consideredcomplete until all adult members of the requesting household havesigned:
(1) the township assistance application; and
(2) any other form, instrument, or document:
(A) required by law; or
(B) determined necessary for investigative purposes by thetrustee, as contained in the township's township assistanceguidelines.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.28;P.L.259-2001, SEC.4; P.L.73-2005, SEC.36.
IC 12-20-6-9
Investigation; relatives
Sec. 9. If an application for township assistance is made to thetownship trustee as administrator of township assistance, thetownship trustee, as administrator of township assistance, shallcarefully investigate the circumstances of the applicant and eachmember of the applicant's household to ascertain the following:
(1) Legal residence.
(2) Names and ages.
(3) Physical condition relating to sickness or health.
(4) Present and previous occupation.
(5) Ability and capacity to perform labor.
(6) The cause of the applicant's or household member's
condition if the applicant or household member is found to bein need and the cause can be ascertained.
(7) Whether the applicant or a member of the applicant'shousehold is entitled to income in the immediate future fromany source, including the following:
(A) Past or present employment.
(B) A pending claim or cause of action that may result in amonetary award being received by any member of theapplicant's household claiming to be in need.
(C) A pending determination for assistance from any otherfederal or state governmental entity.
(8) The family relationships of the township assistanceapplicant.
(9) Whether the township assistance applicant or members ofthe applicant's household have relatives able and willing toassist the applicant or a member of the applicant's household.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.29;P.L.73-2005, SEC.37.
IC 12-20-6-10
Support by relatives
Sec. 10. (a) As used in this section, "relative" includes only theparent, stepparent, child, stepchild, sibling, stepsibling, grandparent,stepgrandparent, grandchild, or stepgrandchild of a townshipassistance applicant.
(b) If an applicant who applies for township assistance or amember of the applicant's household has a relative living in thetownship who is able to assist the applicant or member of theapplicant's household, the township trustee shall, as administrator oftownship assistance and before granting aid a second time, ask therelative to help the applicant or member of the applicant's household,either with material relief or by furnishing employment.
(c) A township trustee may not use township assistance funds topay the cost of an applicant's shelter with a relative who is theapplicant's landlord if the applicant lives in:
(1) the same household as the relative; or
(2) housing separate from the relative and either:
(A) the housing is unencumbered by mortgage; or
(B) the housing has not been previously rented by therelative to a different tenant at reasonable market rates for atleast six (6) months.
(d) If shelter payments are made to a relative of a townshipassistance applicant on behalf of the applicant or a member of theapplicant's household, the trustee may file a lien against the relative'sreal property for the amount of township shelter assistance granted.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.30;P.L.73-2005, SEC.38.