Temporary assistance benefits--eligibility for--assignment of rightsto support to state, when, effect of.
208.040. 1. Temporary assistance benefits shall be granted on behalf ofa dependent child or children and may be granted to the parents or other needyeligible relative caring for a dependent child or children who:
(1) Is under the age of eighteen years; or is under the age of nineteenyears and a full-time student in a secondary school (or at the equivalentlevel of vocational or technical training), if before the child attains theage of nineteen the child may reasonably be expected to complete the programof the secondary school (or vocational or technical training);
(2) Has been deprived of parental support or care by reason of thedeath, continued absence from the home, or physical or mental incapacity of aparent, and who is living with father, mother, grandfather, grandmother,brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt,first cousin, nephew or niece, in a place of residence maintained by one ormore of such relatives as the child's own home, and financial aid for suchchild is necessary to save the child from neglect and to secure for the childproper care in such home. Physical or mental incapacity shall be certified toby competent medical or other appropriate authority designated by the familysupport division, and such certificate is hereby declared to be competentevidence in any proceedings concerning the eligibility of such claimant toreceive temporary assistance benefits. Benefits may be granted and continuedfor this reason only while it is the judgment of the family support divisionthat a physical or mental defect, illness or disability exists which preventsthe parent from performing any gainful work;
(3) Is not receiving supplemental aid to the blind, blind pension,supplemental payments, or aid or public relief as an unemployable person;
(4) Is a resident of the state of Missouri.
2. The family support division shall require as additional conditions ofeligibility for benefits that each applicant for or recipient of assistance:
(1) Shall furnish to the division the applicant's* or recipient's SocialSecurity number or numbers, if the applicant or recipient has more than onesuch number;
(2) Shall assign to the family support division in behalf of the stateany rights to support from any other person such applicant may have in theapplicant's own behalf or in behalf of any other person for whom the applicantis applying for or receiving assistance. An application for benefits madeunder this section shall constitute an assignment of support rights whichshall take effect, by operation of law, upon a determination that theapplicant is eligible for assistance under this section. The assignment shallcomply with the requirements of 42 U.S.C. Section 608(a)(3) and authorizes thefamily support division of the department of social services to bring anyadministrative or judicial action to establish or enforce a current supportobligation, to collect support arrearages accrued under an existing order forsupport, or to seek reimbursement of support provided by the division;
(3) Shall cooperate with the family support division unless the divisiondetermines in accordance with federally prescribed standards that suchcooperation is contrary to the best interests of the child on whose behalfassistance is claimed or to the caretaker of such child, in establishing thepaternity of a child born out of wedlock with respect to whom assistance isclaimed, and in obtaining support payments for such applicant and for a childwith respect to whom such assistance is claimed, or in obtaining any otherpayments or property due such applicant or such child. The family supportdivision shall impose all penalties allowed pursuant to federal participationrequirements;
(4) Shall cooperate with the department of social services inidentifying and providing information to assist the state in pursuing anythird party who may be liable to pay for care and services available under thestate's plan for medical assistance as provided in section 208.152, unlesssuch individual has good cause for refusing to cooperate as determined by thedepartment of social services in accordance with federally prescribedstandards; and
(5) Shall participate in any program designed to reduce the recipient'sdependence on welfare, if requested to do so by the department of socialservices.
3. The division shall require as a condition of eligibility fortemporary assistance benefits that a minor child under the age of eighteen whohas never married and who has a dependent child in his or her care, or who ispregnant and otherwise eligible for temporary assistance benefits, shallreside in a place of residence maintained by a parent, legal guardian, orother adult relative or in some other adult-supervised supportive livingarrangement, as required by Section 403 of P.L. 100-485. Exceptions to therequirements of this subsection shall be allowed in accordance withrequirements of the federal Family Support Act of 1988 in any of the followingcircumstances:
(1) The individual has no parent or legal guardian who is living or thewhereabouts of the individual's parent or legal guardian is unknown; or
(2) The family support division determines that the physical health orsafety of the individual or the child of the individual would be jeopardized;or
(3) The individual has lived apart from any parent or legal guardian fora period of at least one year prior to the birth of the child or applying forbenefits; or
(4) The individual claims to be or to have been the victim of abusewhile residing in the home where she would be required to reside and the casehas been referred to the child abuse hotline and a "reason to suspect finding"has been made. Households where the individual resides with a parent, legalguardian or other adult relative or in some other adult-supervised supportiveliving arrangement shall, subject to federal waiver to retain full federalfinancial participation and appropriation, have earned income disregarded fromeligibility determinations up to one hundred percent of the federal povertylevel.
4. If the relative with whom a child is living is found to be ineligiblebecause of refusal to cooperate as required in subdivision (3) of subsection 2of this section, any assistance for which such child is eligible will be paidin the manner provided in subsection 2 of section 208.180, without regard tosubsections 1 and 2 of this section.
5. The department of social services may implement policies designed toreduce a family's dependence on welfare. The department of social services isauthorized to implement these policies by rule promulgated pursuant to section660.017, RSMo, and chapter 536, RSMo, including the following:
(1) The department shall increase the earned income and resourcedisregards allowed recipients to help families achieve a gradual transition toself-sufficiency, including implementing policies to simplifyemployment-related eligibility standards by increasing the earned incomedisregard to two-thirds by October 1, 1999. The expanded earned incomedisregard shall apply only to recipients of cash assistance who obtainemployment but not to new applicants for cash assistance who are alreadyworking. Once the individual has received the two-thirds disregard for twelvemonths, the individual would not be eligible for the two-thirds disregarduntil the individual has not received temporary assistance benefits for twelveconsecutive months. The department shall promulgate rules pursuant to chapter536, RSMo, to implement the expanded earned income disregard provisions;
(2) The department shall permit a recipient's enrollment in educationalprograms beyond secondary education to qualify as a work activity for purposesof receipt of temporary assistance for needy families. Such education beyondsecondary education shall qualify as a work activity if such recipient isattending and according to the standards of the institution and the familysupport division, making satisfactory progress towards completion of apostsecondary or vocational program. Weekly classroom time and allowablestudy time shall be applied toward the recipient's weekly work requirement.Such recipient shall be subject to the sixty-month lifetime limit for receiptof temporary assistance for needy families unless otherwise excluded by ruleof the family support division;
(3) Beginning January 1, 2002, and every two years thereafter, thedepartment of social services shall make a detailed report and a presentationon the temporary assistance for needy families program to the houseappropriations for social services committee and the house social services,Medicaid and the elderly committee, and the senate aging, families and mentalhealth committee, or comparable committees;
(4) Other policies designed to reduce a family's dependence on welfaremay include supplementing wages for recipients for the lesser of forty-eightmonths or the length of the recipient's employment by diverting the temporaryassistance grant.
The provisions of this subsection shall be subject to compliance by thedepartment with all applicable federal laws and rules regarding temporaryassistance for needy families.
6. The work history requirements and definition of unemployed shall notapply to any parents in order for these parents to be eligible for assistancepursuant to section 208.041.
7. The department shall continue to apply uniform standards ofeligibility and benefits, excepting pilot projects, in all politicalsubdivisions of the state.
8. Consistent with federal law, the department shall establish incomeand resource eligibility requirements that are no more restrictive than itsJuly 16, 1996, income and resource eligibility requirements in determiningeligibility for temporary assistance benefits.
(RSMo 1939 § 9408, A.L. 1941 p. 645, A.L. 1949 p. 589, A.L. 1951 p. 755, A.L. 1953 p. 642, A.L. 1955 p. 691, A.L. 1957 p. 696, A.L. 1973 S.B. 303, A.L. 1977 H.B. 601, A.L. 1982 S.B. 468 merged with H.B. 1462, A.L. 1983 H.B. 713 Revision, A.L. 1984 H.B. 1275, A.L. 1987 H.B. 518, A.L. 1994 H.B. 1547 & 961, A.L. 1999 S.B. 387, et al., A.L. 2001 S.B. 236, A.L. 2009 H.B. 481)
Temporary assistance benefits--eligibility for--assignment of rightsto support to state, when, effect of.
208.040. 1. Temporary assistance benefits shall be granted on behalf ofa dependent child or children and may be granted to the parents or other needyeligible relative caring for a dependent child or children who:
(1) Is under the age of eighteen years; or is under the age of nineteenyears and a full-time student in a secondary school (or at the equivalentlevel of vocational or technical training), if before the child attains theage of nineteen the child may reasonably be expected to complete the programof the secondary school (or vocational or technical training);
(2) Has been deprived of parental support or care by reason of thedeath, continued absence from the home, or physical or mental incapacity of aparent, and who is living with father, mother, grandfather, grandmother,brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt,first cousin, nephew or niece, in a place of residence maintained by one ormore of such relatives as the child's own home, and financial aid for suchchild is necessary to save the child from neglect and to secure for the childproper care in such home. Physical or mental incapacity shall be certified toby competent medical or other appropriate authority designated by the familysupport division, and such certificate is hereby declared to be competentevidence in any proceedings concerning the eligibility of such claimant toreceive temporary assistance benefits. Benefits may be granted and continuedfor this reason only while it is the judgment of the family support divisionthat a physical or mental defect, illness or disability exists which preventsthe parent from performing any gainful work;
(3) Is not receiving supplemental aid to the blind, blind pension,supplemental payments, or aid or public relief as an unemployable person;
(4) Is a resident of the state of Missouri.
2. The family support division shall require as additional conditions ofeligibility for benefits that each applicant for or recipient of assistance:
(1) Shall furnish to the division the applicant's* or recipient's SocialSecurity number or numbers, if the applicant or recipient has more than onesuch number;
(2) Shall assign to the family support division in behalf of the stateany rights to support from any other person such applicant may have in theapplicant's own behalf or in behalf of any other person for whom the applicantis applying for or receiving assistance. An application for benefits madeunder this section shall constitute an assignment of support rights whichshall take effect, by operation of law, upon a determination that theapplicant is eligible for assistance under this section. The assignment shallcomply with the requirements of 42 U.S.C. Section 608(a)(3) and authorizes thefamily support division of the department of social services to bring anyadministrative or judicial action to establish or enforce a current supportobligation, to collect support arrearages accrued under an existing order forsupport, or to seek reimbursement of support provided by the division;
(3) Shall cooperate with the family support division unless the divisiondetermines in accordance with federally prescribed standards that suchcooperation is contrary to the best interests of the child on whose behalfassistance is claimed or to the caretaker of such child, in establishing thepaternity of a child born out of wedlock with respect to whom assistance isclaimed, and in obtaining support payments for such applicant and for a childwith respect to whom such assistance is claimed, or in obtaining any otherpayments or property due such applicant or such child. The family supportdivision shall impose all penalties allowed pursuant to federal participationrequirements;
(4) Shall cooperate with the department of social services inidentifying and providing information to assist the state in pursuing anythird party who may be liable to pay for care and services available under thestate's plan for medical assistance as provided in section 208.152, unlesssuch individual has good cause for refusing to cooperate as determined by thedepartment of social services in accordance with federally prescribedstandards; and
(5) Shall participate in any program designed to reduce the recipient'sdependence on welfare, if requested to do so by the department of socialservices.
3. The division shall require as a condition of eligibility fortemporary assistance benefits that a minor child under the age of eighteen whohas never married and who has a dependent child in his or her care, or who ispregnant and otherwise eligible for temporary assistance benefits, shallreside in a place of residence maintained by a parent, legal guardian, orother adult relative or in some other adult-supervised supportive livingarrangement, as required by Section 403 of P.L. 100-485. Exceptions to therequirements of this subsection shall be allowed in accordance withrequirements of the federal Family Support Act of 1988 in any of the followingcircumstances:
(1) The individual has no parent or legal guardian who is living or thewhereabouts of the individual's parent or legal guardian is unknown; or
(2) The family support division determines that the physical health orsafety of the individual or the child of the individual would be jeopardized;or
(3) The individual has lived apart from any parent or legal guardian fora period of at least one year prior to the birth of the child or applying forbenefits; or
(4) The individual claims to be or to have been the victim of abusewhile residing in the home where she would be required to reside and the casehas been referred to the child abuse hotline and a "reason to suspect finding"has been made. Households where the individual resides with a parent, legalguardian or other adult relative or in some other adult-supervised supportiveliving arrangement shall, subject to federal waiver to retain full federalfinancial participation and appropriation, have earned income disregarded fromeligibility determinations up to one hundred percent of the federal povertylevel.
4. If the relative with whom a child is living is found to be ineligiblebecause of refusal to cooperate as required in subdivision (3) of subsection 2of this section, any assistance for which such child is eligible will be paidin the manner provided in subsection 2 of section 208.180, without regard tosubsections 1 and 2 of this section.
5. The department of social services may implement policies designed toreduce a family's dependence on welfare. The department of social services isauthorized to implement these policies by rule promulgated pursuant to section660.017, RSMo, and chapter 536, RSMo, including the following:
(1) The department shall increase the earned income and resourcedisregards allowed recipients to help families achieve a gradual transition toself-sufficiency, including implementing policies to simplifyemployment-related eligibility standards by increasing the earned incomedisregard to two-thirds by October 1, 1999. The expanded earned incomedisregard shall apply only to recipients of cash assistance who obtainemployment but not to new applicants for cash assistance who are alreadyworking. Once the individual has received the two-thirds disregard for twelvemonths, the individual would not be eligible for the two-thirds disregarduntil the individual has not received temporary assistance benefits for twelveconsecutive months. The department shall promulgate rules pursuant to chapter536, RSMo, to implement the expanded earned income disregard provisions;
(2) The department shall permit a recipient's enrollment in educationalprograms beyond secondary education to qualify as a work activity for purposesof receipt of temporary assistance for needy families. Such education beyondsecondary education shall qualify as a work activity if such recipient isattending and according to the standards of the institution and the familysupport division, making satisfactory progress towards completion of apostsecondary or vocational program. Weekly classroom time and allowablestudy time shall be applied toward the recipient's weekly work requirement.Such recipient shall be subject to the sixty-month lifetime limit for receiptof temporary assistance for needy families unless otherwise excluded by ruleof the family support division;
(3) Beginning January 1, 2002, and every two years thereafter, thedepartment of social services shall make a detailed report and a presentationon the temporary assistance for needy families program to the houseappropriations for social services committee and the house social services,Medicaid and the elderly committee, and the senate aging, families and mentalhealth committee, or comparable committees;
(4) Other policies designed to reduce a family's dependence on welfaremay include supplementing wages for recipients for the lesser of forty-eightmonths or the length of the recipient's employment by diverting the temporaryassistance grant.
The provisions of this subsection shall be subject to compliance by thedepartment with all applicable federal laws and rules regarding temporaryassistance for needy families.
6. The work history requirements and definition of unemployed shall notapply to any parents in order for these parents to be eligible for assistancepursuant to section 208.041.
7. The department shall continue to apply uniform standards ofeligibility and benefits, excepting pilot projects, in all politicalsubdivisions of the state.
8. Consistent with federal law, the department shall establish incomeand resource eligibility requirements that are no more restrictive than itsJuly 16, 1996, income and resource eligibility requirements in determiningeligibility for temporary assistance benefits.
(RSMo 1939 § 9408, A.L. 1941 p. 645, A.L. 1949 p. 589, A.L. 1951 p. 755, A.L. 1953 p. 642, A.L. 1955 p. 691, A.L. 1957 p. 696, A.L. 1973 S.B. 303, A.L. 1977 H.B. 601, A.L. 1982 S.B. 468 merged with H.B. 1462, A.L. 1983 H.B. 713 Revision, A.L. 1984 H.B. 1275, A.L. 1987 H.B. 518, A.L. 1994 H.B. 1547 & 961, A.L. 1999 S.B. 387, et al., A.L. 2001 S.B. 236, A.L. 2009 H.B. 481)
Temporary assistance benefits--eligibility for--assignment of rightsto support to state, when, effect of.
208.040. 1. Temporary assistance benefits shall be granted on behalf ofa dependent child or children and may be granted to the parents or other needyeligible relative caring for a dependent child or children who:
(1) Is under the age of eighteen years; or is under the age of nineteenyears and a full-time student in a secondary school (or at the equivalentlevel of vocational or technical training), if before the child attains theage of nineteen the child may reasonably be expected to complete the programof the secondary school (or vocational or technical training);
(2) Has been deprived of parental support or care by reason of thedeath, continued absence from the home, or physical or mental incapacity of aparent, and who is living with father, mother, grandfather, grandmother,brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt,first cousin, nephew or niece, in a place of residence maintained by one ormore of such relatives as the child's own home, and financial aid for suchchild is necessary to save the child from neglect and to secure for the childproper care in such home. Physical or mental incapacity shall be certified toby competent medical or other appropriate authority designated by the familysupport division, and such certificate is hereby declared to be competentevidence in any proceedings concerning the eligibility of such claimant toreceive temporary assistance benefits. Benefits may be granted and continuedfor this reason only while it is the judgment of the family support divisionthat a physical or mental defect, illness or disability exists which preventsthe parent from performing any gainful work;
(3) Is not receiving supplemental aid to the blind, blind pension,supplemental payments, or aid or public relief as an unemployable person;
(4) Is a resident of the state of Missouri.
2. The family support division shall require as additional conditions ofeligibility for benefits that each applicant for or recipient of assistance:
(1) Shall furnish to the division the applicant's* or recipient's SocialSecurity number or numbers, if the applicant or recipient has more than onesuch number;
(2) Shall assign to the family support division in behalf of the stateany rights to support from any other person such applicant may have in theapplicant's own behalf or in behalf of any other person for whom the applicantis applying for or receiving assistance. An application for benefits madeunder this section shall constitute an assignment of support rights whichshall take effect, by operation of law, upon a determination that theapplicant is eligible for assistance under this section. The assignment shallcomply with the requirements of 42 U.S.C. Section 608(a)(3) and authorizes thefamily support division of the department of social services to bring anyadministrative or judicial action to establish or enforce a current supportobligation, to collect support arrearages accrued under an existing order forsupport, or to seek reimbursement of support provided by the division;
(3) Shall cooperate with the family support division unless the divisiondetermines in accordance with federally prescribed standards that suchcooperation is contrary to the best interests of the child on whose behalfassistance is claimed or to the caretaker of such child, in establishing thepaternity of a child born out of wedlock with respect to whom assistance isclaimed, and in obtaining support payments for such applicant and for a childwith respect to whom such assistance is claimed, or in obtaining any otherpayments or property due such applicant or such child. The family supportdivision shall impose all penalties allowed pursuant to federal participationrequirements;
(4) Shall cooperate with the department of social services inidentifying and providing information to assist the state in pursuing anythird party who may be liable to pay for care and services available under thestate's plan for medical assistance as provided in section 208.152, unlesssuch individual has good cause for refusing to cooperate as determined by thedepartment of social services in accordance with federally prescribedstandards; and
(5) Shall participate in any program designed to reduce the recipient'sdependence on welfare, if requested to do so by the department of socialservices.
3. The division shall require as a condition of eligibility fortemporary assistance benefits that a minor child under the age of eighteen whohas never married and who has a dependent child in his or her care, or who ispregnant and otherwise eligible for temporary assistance benefits, shallreside in a place of residence maintained by a parent, legal guardian, orother adult relative or in some other adult-supervised supportive livingarrangement, as required by Section 403 of P.L. 100-485. Exceptions to therequirements of this subsection shall be allowed in accordance withrequirements of the federal Family Support Act of 1988 in any of the followingcircumstances:
(1) The individual has no parent or legal guardian who is living or thewhereabouts of the individual's parent or legal guardian is unknown; or
(2) The family support division determines that the physical health orsafety of the individual or the child of the individual would be jeopardized;or
(3) The individual has lived apart from any parent or legal guardian fora period of at least one year prior to the birth of the child or applying forbenefits; or
(4) The individual claims to be or to have been the victim of abusewhile residing in the home where she would be required to reside and the casehas been referred to the child abuse hotline and a "reason to suspect finding"has been made. Households where the individual resides with a parent, legalguardian or other adult relative or in some other adult-supervised supportiveliving arrangement shall, subject to federal waiver to retain full federalfinancial participation and appropriation, have earned income disregarded fromeligibility determinations up to one hundred percent of the federal povertylevel.
4. If the relative with whom a child is living is found to be ineligiblebecause of refusal to cooperate as required in subdivision (3) of subsection 2of this section, any assistance for which such child is eligible will be paidin the manner provided in subsection 2 of section 208.180, without regard tosubsections 1 and 2 of this section.
5. The department of social services may implement policies designed toreduce a family's dependence on welfare. The department of social services isauthorized to implement these policies by rule promulgated pursuant to section660.017, RSMo, and chapter 536, RSMo, including the following:
(1) The department shall increase the earned income and resourcedisregards allowed recipients to help families achieve a gradual transition toself-sufficiency, including implementing policies to simplifyemployment-related eligibility standards by increasing the earned incomedisregard to two-thirds by October 1, 1999. The expanded earned incomedisregard shall apply only to recipients of cash assistance who obtainemployment but not to new applicants for cash assistance who are alreadyworking. Once the individual has received the two-thirds disregard for twelvemonths, the individual would not be eligible for the two-thirds disregarduntil the individual has not received temporary assistance benefits for twelveconsecutive months. The department shall promulgate rules pursuant to chapter536, RSMo, to implement the expanded earned income disregard provisions;
(2) The department shall permit a recipient's enrollment in educationalprograms beyond secondary education to qualify as a work activity for purposesof receipt of temporary assistance for needy families. Such education beyondsecondary education shall qualify as a work activity if such recipient isattending and according to the standards of the institution and the familysupport division, making satisfactory progress towards completion of apostsecondary or vocational program. Weekly classroom time and allowablestudy time shall be applied toward the recipient's weekly work requirement.Such recipient shall be subject to the sixty-month lifetime limit for receiptof temporary assistance for needy families unless otherwise excluded by ruleof the family support division;
(3) Beginning January 1, 2002, and every two years thereafter, thedepartment of social services shall make a detailed report and a presentationon the temporary assistance for needy families program to the houseappropriations for social services committee and the house social services,Medicaid and the elderly committee, and the senate aging, families and mentalhealth committee, or comparable committees;
(4) Other policies designed to reduce a family's dependence on welfaremay include supplementing wages for recipients for the lesser of forty-eightmonths or the length of the recipient's employment by diverting the temporaryassistance grant.
The provisions of this subsection shall be subject to compliance by thedepartment with all applicable federal laws and rules regarding temporaryassistance for needy families.
6. The work history requirements and definition of unemployed shall notapply to any parents in order for these parents to be eligible for assistancepursuant to section 208.041.
7. The department shall continue to apply uniform standards ofeligibility and benefits, excepting pilot projects, in all politicalsubdivisions of the state.
8. Consistent with federal law, the department shall establish incomeand resource eligibility requirements that are no more restrictive than itsJuly 16, 1996, income and resource eligibility requirements in determiningeligibility for temporary assistance benefits.
(RSMo 1939 § 9408, A.L. 1941 p. 645, A.L. 1949 p. 589, A.L. 1951 p. 755, A.L. 1953 p. 642, A.L. 1955 p. 691, A.L. 1957 p. 696, A.L. 1973 S.B. 303, A.L. 1977 H.B. 601, A.L. 1982 S.B. 468 merged with H.B. 1462, A.L. 1983 H.B. 713 Revision, A.L. 1984 H.B. 1275, A.L. 1987 H.B. 518, A.L. 1994 H.B. 1547 & 961, A.L. 1999 S.B. 387, et al., A.L. 2001 S.B. 236, A.L. 2009 H.B. 481)
