239B.9 LIMITED BENEFIT PLAN.
1. General provisions.a. If a participant responsible for signing and fulfilling
the terms of a family investment agreement, as defined by the
director of human services in accordance with section 239B.8, chooses
not to sign or fulfill the terms of the agreement, the participant's
family, or the individual participant shall enter into a limited
benefit plan. Initial actions in a written statement under section
239B.2, subsection 4, which were committed to by a participant during
the application period and which commitment remains in effect, shall
be considered to be a term of the participant's family investment
agreement. A limited benefit plan shall apply for the period of time
specified in this section. The first month of the limited benefit
plan is the first month after the month in which timely and adequate
notice of the limited benefit plan is given to the participant as
defined by the director of human services. The elements of a limited
benefit plan shall be specified in the department's rules.
b. For purposes of this lettered paragraph, "significant
contact with or action in regard to the JOBS program" means the
individual participant communicates to the JOBS program worker the
desire to engage in JOBS program activities, signs a new or updated
family investment agreement, and takes any other action required by
the department in accordance with rules adopted for this purpose. A
limited benefit plan applied in error shall not be considered to have
been applied. A limited benefit plan is applicable to the individual
participant choosing the limited benefit plan and to the individual
participant's family members to which the plan is applicable under
subsection 2. A limited benefit plan shall either be a first limited
benefit plan or a subsequent limited benefit plan. A limited benefit
plan shall be applied as follows:
(1) A first limited benefit plan shall provide for continuing
ineligibility for assistance until the individual participant
completes significant contact with or action in regard to the JOBS
program.
(2) A limited benefit plan subsequent to a first limited benefit
plan chosen by the same individual participant shall provide for a
specified period of ineligibility of six months or less beginning
with the effective date of the limited benefit plan and continuing
indefinitely following the specified period until the individual
participant completes significant contact with or action in regard to
the JOBS program. The department shall adopt rules defining the
circumstances for which a particular period of ineligibility will be
specified.
(3) For a two-parent family in which both parents are responsible
for a family investment agreement, a first or subsequent limited
benefit plan shall remain applicable until both parents complete
significant contact with or action in regard to the JOBS program. A
limited benefit plan applied more than once to the same two-parent
family shall be treated as a subsequent limited benefit plan.
2. Plan applied. The department shall apply the limited
benefit plan to the participants responsible for the family
investment agreement and other members of the participant's family as
follows:
a. Parent. If the participant responsible for the family
investment agreement is a parent, the limited benefit plan is
applicable to the entire participant family.
b. Needy relative or incapacitated stepparent. If the
participant choosing a limited benefit plan is a needy relative who
acts as payee when the parent is in the home but is unable to act as
payee, is a needy relative who assumes the role of parent, or is a
dependent child's stepparent whose needs are included in the
assistance because of incapacity, the limited benefit plan shall
apply only to the individual participant choosing the plan.
c. Minor parent living with adult parent or specified
relative. If the participant family includes a minor parent living
with the minor parent's adult parent or specified relative who
receives family investment program assistance and both individuals
are responsible for developing a family investment agreement, each
individual is responsible for a separate family investment agreement,
and the limited benefit plan shall be applied as follows:
(1) If the adult parent chooses the limited benefit plan, the
requirements of the limited benefit plan shall apply to the entire
participant family, even though the minor parent has not chosen the
limited benefit plan. However, the minor parent may reapply for
assistance as a minor parent living with self-supporting parents or
living independently and continue in the family investment agreement
process.
(2) If the minor parent chooses the limited benefit plan, the
requirements of the limited benefit plan shall apply to the minor
parent and any child of the minor parent.
(3) If the specified relative chooses the limited benefit plan,
the requirements of the limited benefit plan shall apply only to the
specified relative.
d. Minor parent -- only child. If the minor parent is the
only child in the adult parent's or specified relative's home and the
minor parent chooses the limited benefit plan, assistance shall not
be paid to the adult parent or specified relative in this instance.
e. Children who are mandatory JOBS program participants. If
the participant family includes children who are mandatory JOBS
program participants, the children shall not have a separate family
investment agreement but shall be asked to sign the family investment
agreement applicable to the family and to carry out the
responsibilities of that family investment agreement. A limited
benefit plan shall be applied as follows:
(1) If the parent or specified relative responsible for a family
investment agreement meets the responsibilities of the family
investment agreement but a child who is a mandatory JOBS program
participant chooses an individual limited benefit plan, the family is
eligible for reduced assistance during the child's limited benefit
plan.
(2) If the child who chooses a limited benefit plan under
subparagraph (1) is the only child in the participant family,
assistance shall not be paid to the adult parent, parents, or
specified relative in this instance.
f. Exempt parent. If a participant family includes a parent,
parents, or specified relative who are exempt from JOBS program
participation and children who are mandatory JOBS program
participants, the children are responsible for completing a family
investment agreement. If a child who is a mandatory JOBS program
participant chooses the limited benefit plan, the limited benefit
plan shall be applied in the manner provided in paragraph "e".
g. Two parents. If the participant family includes two
parents, a limited benefit plan shall be applied as follows:
(1) If only one parent of a child in the family is responsible
for a family investment agreement and that parent chooses the limited
benefit plan, the limited benefit plan cannot be ended by the
voluntary participation in a family investment agreement by the
exempt parent. If the parent responsible for the family investment
agreement chooses a limited benefit plan, the limited benefit plan
applies to the entire family.
(2) If both parents of a child in the family are responsible for
a family investment agreement, both parents shall sign the agreement.
If either parent chooses the limited benefit plan, the limited
benefit plan cannot be ended by the participation of the other parent
in a family investment agreement.
(3) If the parents from a two-parent family in a limited benefit
plan separate, the limited benefit plan shall follow only the parent
who chose the limited benefit plan and any children in the home of
that parent.
3. Plan chosen. A participant shall be considered to have
chosen a limited benefit plan under any of the following
circumstances:
a. A participant who does not establish an orientation
appointment with the JOBS program or who fails to keep or reschedule
an orientation appointment shall receive a reminder letter which
informs the participant that those who do not attend orientation have
elected to choose a limited benefit plan. A participant who chooses
not to respond to the reminder letter within ten calendar days from
the mailing date shall receive notice establishing the effective date
of the limited benefit plan. If a participant is deemed to have
chosen a limited benefit plan, timely and adequate notice provisions,
as determined by the director of human services, shall apply.
b. A participant who chooses not to sign the family
investment agreement after attending a JOBS program orientation shall
enter into a limited benefit plan as described in paragraph "a".
c. A participant who has signed a family investment agreement
but then chooses a limited benefit plan under circumstances defined
by the director of human services.
4. Reconsideration. A participant who chooses a limited
benefit plan may reconsider that choice as follows:
a. A participant who chooses a first limited benefit plan may
reconsider at any time following the effective date of the limited
benefit plan. The participant may contact the department or the
appropriate JOBS program office any time to begin the reconsideration
process.
b. A participant who chooses a subsequent limited benefit
plan may reconsider that choice at any time following the period of
ineligibility specified in accordance with subsection 1.
5. Well-being visit. If a participant has chosen a
subsequent limited benefit plan, the department may conduct a
well-being visit or contract for a well-being visit to be conducted,
provided funding is available for the costs of such visits. A
well-being visit shall meet all of the following criteria:
a. A qualified professional shall attempt to visit with the
participant family with a focus upon the children's well-being.
b. The visit shall be conducted during or within four weeks
of the second month of the start of the subsequent limited benefit
plan.
c. The visit shall serve as an extension of the family
investment program and the family investment agreement philosophy of
supporting families as they move toward self-sufficiency.
6. Appeal. A participant has the right to appeal the
establishment of the limited benefit plan only once, at the time the
department issues the timely and adequate notice that establishes the
limited benefit plan. However, if the reason for the appeal is based
on an incorrect grant computation, an error in determining the
composition of the family, or another worker error, a hearing shall
be granted, regardless of the person's limited benefit plan status.
239B.9 LIMITED BENEFIT PLAN.
1. General provisions.a. If a participant responsible for signing and fulfilling
the terms of a family investment agreement, as defined by the
director of human services in accordance with section 239B.8, chooses
not to sign or fulfill the terms of the agreement, the participant's
family, or the individual participant shall enter into a limited
benefit plan. Initial actions in a written statement under section
239B.2, subsection 4, which were committed to by a participant during
the application period and which commitment remains in effect, shall
be considered to be a term of the participant's family investment
agreement. A limited benefit plan shall apply for the period of time
specified in this section. The first month of the limited benefit
plan is the first month after the month in which timely and adequate
notice of the limited benefit plan is given to the participant as
defined by the director of human services. The elements of a limited
benefit plan shall be specified in the department's rules.
b. For purposes of this lettered paragraph, "significant
contact with or action in regard to the JOBS program" means the
individual participant communicates to the JOBS program worker the
desire to engage in JOBS program activities, signs a new or updated
family investment agreement, and takes any other action required by
the department in accordance with rules adopted for this purpose. A
limited benefit plan applied in error shall not be considered to have
been applied. A limited benefit plan is applicable to the individual
participant choosing the limited benefit plan and to the individual
participant's family members to which the plan is applicable under
subsection 2. A limited benefit plan shall either be a first limited
benefit plan or a subsequent limited benefit plan. A limited benefit
plan shall be applied as follows:
(1) A first limited benefit plan shall provide for continuing
ineligibility for assistance until the individual participant
completes significant contact with or action in regard to the JOBS
program.
(2) A limited benefit plan subsequent to a first limited benefit
plan chosen by the same individual participant shall provide for a
specified period of ineligibility of six months or less beginning
with the effective date of the limited benefit plan and continuing
indefinitely following the specified period until the individual
participant completes significant contact with or action in regard to
the JOBS program. The department shall adopt rules defining the
circumstances for which a particular period of ineligibility will be
specified.
(3) For a two-parent family in which both parents are responsible
for a family investment agreement, a first or subsequent limited
benefit plan shall remain applicable until both parents complete
significant contact with or action in regard to the JOBS program. A
limited benefit plan applied more than once to the same two-parent
family shall be treated as a subsequent limited benefit plan.
2. Plan applied. The department shall apply the limited
benefit plan to the participants responsible for the family
investment agreement and other members of the participant's family as
follows:
a. Parent. If the participant responsible for the family
investment agreement is a parent, the limited benefit plan is
applicable to the entire participant family.
b. Needy relative or incapacitated stepparent. If the
participant choosing a limited benefit plan is a needy relative who
acts as payee when the parent is in the home but is unable to act as
payee, is a needy relative who assumes the role of parent, or is a
dependent child's stepparent whose needs are included in the
assistance because of incapacity, the limited benefit plan shall
apply only to the individual participant choosing the plan.
c. Minor parent living with adult parent or specified
relative. If the participant family includes a minor parent living
with the minor parent's adult parent or specified relative who
receives family investment program assistance and both individuals
are responsible for developing a family investment agreement, each
individual is responsible for a separate family investment agreement,
and the limited benefit plan shall be applied as follows:
(1) If the adult parent chooses the limited benefit plan, the
requirements of the limited benefit plan shall apply to the entire
participant family, even though the minor parent has not chosen the
limited benefit plan. However, the minor parent may reapply for
assistance as a minor parent living with self-supporting parents or
living independently and continue in the family investment agreement
process.
(2) If the minor parent chooses the limited benefit plan, the
requirements of the limited benefit plan shall apply to the minor
parent and any child of the minor parent.
(3) If the specified relative chooses the limited benefit plan,
the requirements of the limited benefit plan shall apply only to the
specified relative.
d. Minor parent -- only child. If the minor parent is the
only child in the adult parent's or specified relative's home and the
minor parent chooses the limited benefit plan, assistance shall not
be paid to the adult parent or specified relative in this instance.
e. Children who are mandatory JOBS program participants. If
the participant family includes children who are mandatory JOBS
program participants, the children shall not have a separate family
investment agreement but shall be asked to sign the family investment
agreement applicable to the family and to carry out the
responsibilities of that family investment agreement. A limited
benefit plan shall be applied as follows:
(1) If the parent or specified relative responsible for a family
investment agreement meets the responsibilities of the family
investment agreement but a child who is a mandatory JOBS program
participant chooses an individual limited benefit plan, the family is
eligible for reduced assistance during the child's limited benefit
plan.
(2) If the child who chooses a limited benefit plan under
subparagraph (1) is the only child in the participant family,
assistance shall not be paid to the adult parent, parents, or
specified relative in this instance.
f. Exempt parent. If a participant family includes a parent,
parents, or specified relative who are exempt from JOBS program
participation and children who are mandatory JOBS program
participants, the children are responsible for completing a family
investment agreement. If a child who is a mandatory JOBS program
participant chooses the limited benefit plan, the limited benefit
plan shall be applied in the manner provided in paragraph "e".
g. Two parents. If the participant family includes two
parents, a limited benefit plan shall be applied as follows:
(1) If only one parent of a child in the family is responsible
for a family investment agreement and that parent chooses the limited
benefit plan, the limited benefit plan cannot be ended by the
voluntary participation in a family investment agreement by the
exempt parent. If the parent responsible for the family investment
agreement chooses a limited benefit plan, the limited benefit plan
applies to the entire family.
(2) If both parents of a child in the family are responsible for
a family investment agreement, both parents shall sign the agreement.
If either parent chooses the limited benefit plan, the limited
benefit plan cannot be ended by the participation of the other parent
in a family investment agreement.
(3) If the parents from a two-parent family in a limited benefit
plan separate, the limited benefit plan shall follow only the parent
who chose the limited benefit plan and any children in the home of
that parent.
3. Plan chosen. A participant shall be considered to have
chosen a limited benefit plan under any of the following
circumstances:
a. A participant who does not establish an orientation
appointment with the JOBS program or who fails to keep or reschedule
an orientation appointment shall receive a reminder letter which
informs the participant that those who do not attend orientation have
elected to choose a limited benefit plan. A participant who chooses
not to respond to the reminder letter within ten calendar days from
the mailing date shall receive notice establishing the effective date
of the limited benefit plan. If a participant is deemed to have
chosen a limited benefit plan, timely and adequate notice provisions,
as determined by the director of human services, shall apply.
b. A participant who chooses not to sign the family
investment agreement after attending a JOBS program orientation shall
enter into a limited benefit plan as described in paragraph "a".
c. A participant who has signed a family investment agreement
but then chooses a limited benefit plan under circumstances defined
by the director of human services.
4. Reconsideration. A participant who chooses a limited
benefit plan may reconsider that choice as follows:
a. A participant who chooses a first limited benefit plan may
reconsider at any time following the effective date of the limited
benefit plan. The participant may contact the department or the
appropriate JOBS program office any time to begin the reconsideration
process.
b. A participant who chooses a subsequent limited benefit
plan may reconsider that choice at any time following the period of
ineligibility specified in accordance with subsection 1.
5. Well-being visit. If a participant has chosen a
subsequent limited benefit plan, the department may conduct a
well-being visit or contract for a well-being visit to be conducted,
provided funding is available for the costs of such visits. A
well-being visit shall meet all of the following criteria:
a. A qualified professional shall attempt to visit with the
participant family with a focus upon the children's well-being.
b. The visit shall be conducted during or within four weeks
of the second month of the start of the subsequent limited benefit
plan.
c. The visit shall serve as an extension of the family
investment program and the family investment agreement philosophy of
supporting families as they move toward self-sufficiency.
6. Appeal. A participant has the right to appeal the
establishment of the limited benefit plan only once, at the time the
department issues the timely and adequate notice that establishes the
limited benefit plan. However, if the reason for the appeal is based
on an incorrect grant computation, an error in determining the
composition of the family, or another worker error, a hearing shall
be granted, regardless of the person's limited benefit plan status.
239B.9 LIMITED BENEFIT PLAN.
1. General provisions.a. If a participant responsible for signing and fulfilling
the terms of a family investment agreement, as defined by the
director of human services in accordance with section 239B.8, chooses
not to sign or fulfill the terms of the agreement, the participant's
family, or the individual participant shall enter into a limited
benefit plan. Initial actions in a written statement under section
239B.2, subsection 4, which were committed to by a participant during
the application period and which commitment remains in effect, shall
be considered to be a term of the participant's family investment
agreement. A limited benefit plan shall apply for the period of time
specified in this section. The first month of the limited benefit
plan is the first month after the month in which timely and adequate
notice of the limited benefit plan is given to the participant as
defined by the director of human services. The elements of a limited
benefit plan shall be specified in the department's rules.
b. For purposes of this lettered paragraph, "significant
contact with or action in regard to the JOBS program" means the
individual participant communicates to the JOBS program worker the
desire to engage in JOBS program activities, signs a new or updated
family investment agreement, and takes any other action required by
the department in accordance with rules adopted for this purpose. A
limited benefit plan applied in error shall not be considered to have
been applied. A limited benefit plan is applicable to the individual
participant choosing the limited benefit plan and to the individual
participant's family members to which the plan is applicable under
subsection 2. A limited benefit plan shall either be a first limited
benefit plan or a subsequent limited benefit plan. A limited benefit
plan shall be applied as follows:
(1) A first limited benefit plan shall provide for continuing
ineligibility for assistance until the individual participant
completes significant contact with or action in regard to the JOBS
program.
(2) A limited benefit plan subsequent to a first limited benefit
plan chosen by the same individual participant shall provide for a
specified period of ineligibility of six months or less beginning
with the effective date of the limited benefit plan and continuing
indefinitely following the specified period until the individual
participant completes significant contact with or action in regard to
the JOBS program. The department shall adopt rules defining the
circumstances for which a particular period of ineligibility will be
specified.
(3) For a two-parent family in which both parents are responsible
for a family investment agreement, a first or subsequent limited
benefit plan shall remain applicable until both parents complete
significant contact with or action in regard to the JOBS program. A
limited benefit plan applied more than once to the same two-parent
family shall be treated as a subsequent limited benefit plan.
2. Plan applied. The department shall apply the limited
benefit plan to the participants responsible for the family
investment agreement and other members of the participant's family as
follows:
a. Parent. If the participant responsible for the family
investment agreement is a parent, the limited benefit plan is
applicable to the entire participant family.
b. Needy relative or incapacitated stepparent. If the
participant choosing a limited benefit plan is a needy relative who
acts as payee when the parent is in the home but is unable to act as
payee, is a needy relative who assumes the role of parent, or is a
dependent child's stepparent whose needs are included in the
assistance because of incapacity, the limited benefit plan shall
apply only to the individual participant choosing the plan.
c. Minor parent living with adult parent or specified
relative. If the participant family includes a minor parent living
with the minor parent's adult parent or specified relative who
receives family investment program assistance and both individuals
are responsible for developing a family investment agreement, each
individual is responsible for a separate family investment agreement,
and the limited benefit plan shall be applied as follows:
(1) If the adult parent chooses the limited benefit plan, the
requirements of the limited benefit plan shall apply to the entire
participant family, even though the minor parent has not chosen the
limited benefit plan. However, the minor parent may reapply for
assistance as a minor parent living with self-supporting parents or
living independently and continue in the family investment agreement
process.
(2) If the minor parent chooses the limited benefit plan, the
requirements of the limited benefit plan shall apply to the minor
parent and any child of the minor parent.
(3) If the specified relative chooses the limited benefit plan,
the requirements of the limited benefit plan shall apply only to the
specified relative.
d. Minor parent -- only child. If the minor parent is the
only child in the adult parent's or specified relative's home and the
minor parent chooses the limited benefit plan, assistance shall not
be paid to the adult parent or specified relative in this instance.
e. Children who are mandatory JOBS program participants. If
the participant family includes children who are mandatory JOBS
program participants, the children shall not have a separate family
investment agreement but shall be asked to sign the family investment
agreement applicable to the family and to carry out the
responsibilities of that family investment agreement. A limited
benefit plan shall be applied as follows:
(1) If the parent or specified relative responsible for a family
investment agreement meets the responsibilities of the family
investment agreement but a child who is a mandatory JOBS program
participant chooses an individual limited benefit plan, the family is
eligible for reduced assistance during the child's limited benefit
plan.
(2) If the child who chooses a limited benefit plan under
subparagraph (1) is the only child in the participant family,
assistance shall not be paid to the adult parent, parents, or
specified relative in this instance.
f. Exempt parent. If a participant family includes a parent,
parents, or specified relative who are exempt from JOBS program
participation and children who are mandatory JOBS program
participants, the children are responsible for completing a family
investment agreement. If a child who is a mandatory JOBS program
participant chooses the limited benefit plan, the limited benefit
plan shall be applied in the manner provided in paragraph "e".
g. Two parents. If the participant family includes two
parents, a limited benefit plan shall be applied as follows:
(1) If only one parent of a child in the family is responsible
for a family investment agreement and that parent chooses the limited
benefit plan, the limited benefit plan cannot be ended by the
voluntary participation in a family investment agreement by the
exempt parent. If the parent responsible for the family investment
agreement chooses a limited benefit plan, the limited benefit plan
applies to the entire family.
(2) If both parents of a child in the family are responsible for
a family investment agreement, both parents shall sign the agreement.
If either parent chooses the limited benefit plan, the limited
benefit plan cannot be ended by the participation of the other parent
in a family investment agreement.
(3) If the parents from a two-parent family in a limited benefit
plan separate, the limited benefit plan shall follow only the parent
who chose the limited benefit plan and any children in the home of
that parent.
3. Plan chosen. A participant shall be considered to have
chosen a limited benefit plan under any of the following
circumstances:
a. A participant who does not establish an orientation
appointment with the JOBS program or who fails to keep or reschedule
an orientation appointment shall receive a reminder letter which
informs the participant that those who do not attend orientation have
elected to choose a limited benefit plan. A participant who chooses
not to respond to the reminder letter within ten calendar days from
the mailing date shall receive notice establishing the effective date
of the limited benefit plan. If a participant is deemed to have
chosen a limited benefit plan, timely and adequate notice provisions,
as determined by the director of human services, shall apply.
b. A participant who chooses not to sign the family
investment agreement after attending a JOBS program orientation shall
enter into a limited benefit plan as described in paragraph "a".
c. A participant who has signed a family investment agreement
but then chooses a limited benefit plan under circumstances defined
by the director of human services.
4. Reconsideration. A participant who chooses a limited
benefit plan may reconsider that choice as follows:
a. A participant who chooses a first limited benefit plan may
reconsider at any time following the effective date of the limited
benefit plan. The participant may contact the department or the
appropriate JOBS program office any time to begin the reconsideration
process.
b. A participant who chooses a subsequent limited benefit
plan may reconsider that choice at any time following the period of
ineligibility specified in accordance with subsection 1.
5. Well-being visit. If a participant has chosen a
subsequent limited benefit plan, the department may conduct a
well-being visit or contract for a well-being visit to be conducted,
provided funding is available for the costs of such visits. A
well-being visit shall meet all of the following criteria:
a. A qualified professional shall attempt to visit with the
participant family with a focus upon the children's well-being.
b. The visit shall be conducted during or within four weeks
of the second month of the start of the subsequent limited benefit
plan.
c. The visit shall serve as an extension of the family
investment program and the family investment agreement philosophy of
supporting families as they move toward self-sufficiency.
6. Appeal. A participant has the right to appeal the
establishment of the limited benefit plan only once, at the time the
department issues the timely and adequate notice that establishes the
limited benefit plan. However, if the reason for the appeal is based
on an incorrect grant computation, an error in determining the
composition of the family, or another worker error, a hearing shall
be granted, regardless of the person's limited benefit plan status.
