Transcript Poverty Law 1

Poverty Law 1
MFIP-S Five Year Time Limit
Overview of Emergency Assistance
Programs
Adjunct Professor Monica Bogucki
2010 copyright Monica Bogucki
Overview of Emergency
Assistance Programs
▪
MFIP-EA, Special Session, Chapter 14,
Article 1, Section 94, Minn. Stat. 256J.626
(consolidated fund)
▪ Minn. Supplemental Assistance-EA, Minn.
Stat. 256D.46
▪ Emergency General Assistance, Minn. Stat
256D.06, subd.2, Minn. Rules 9500.1261
MFIP-EA is no longer uniform
state program
Each county determines the eligibility criteria for that
county
▪ Counties are not required to have a MFIP-EA
program
Ask the county for a copy of its guidelines
MFIP-S Emergency Assistance
▪
MFIP-EA- every county has different rules
▪ Some counties, participants can receive MFIPEA once every 12 months
▪ Some counties, participants can receive MFIPEA once in a lifetime
Use once every 12 months
▪
Emergency General Assistance, Minn. Stat.
256.D.06, subd. 2
▪ Minnesota Supplemental Assistance Emergency
Assistance, Minn. Stat. 256D.46, subd. 3
Assess every person in the
household

Determine each person in the household
and which government benefit program,
each person is receiving
Other items that may be covered
emergency assistance
▪
Mortgage foreclosures; contract for deed
cancellations
▪ Home repair- roof, foundation, wiring, heating
system, chimney, water and sewer system
▪ Utility costs-water, sewer, electric, gas, heating
includes wood heat too.
Emergency General Assistance
also covers
▪
Basic living needs
▪ Food, clothing, shelter, utilities and other
items….pose a direct, immediate threat to the
physical health or safety of the applicant
▪ Minn. Rules 9500.1206 subpart 7a, and
9500.1261 subpart 2
Emergency General Assistance
▪
▪
▪
Primarily state funding
Broader categories of eligibility
12 MONTH RULE NOW APPLIES TO EGA
Who is eligible for Minnesota Supplemental
Aid-Emergency Assistance?
▪
A person (adult) receiving Supplemental
Security Income on the basis of age, blindness
or disability (or would be eligible for such
benefits)
▪ Minn. Stat. 256D.425, subd. 1
What is the standard for an
emergency under MSA-EA?
“Without adequate resources to resolve an
emergency that, if unresolved will threatened
the health or safety of the recipient.” Minn. Stat.
256.46, subd. 1
▪ What are some examples of emergency?
▪
Cost Effective
What is cost effective?
What if the emergency is not cost
effective?
EGA-Minn. Rules 9500.1261 subp.4
Review PARTS A-G
What is the Minnesota Department of Human
Services Combined Manual?
▪
Financial workers have access to this and
usually do not see statutes
▪ Available on the internet at Minnesota
Department of Human Services website
▪ www.dhs.state.mn.us
▪ What if this manual is more restrictive than
the statute?
MFIP-S Program
FIVE YEAR TIME LIMIT
Exemptions vs. Extensions
Exemption-if eligible for exemption, the
month does not count towards 5 year
limit
 Extension-extends benefits beyond five
years by using state funds

Families started to reach the five
year time limit in July 2002
▪
Some families are eligible for an extension or
exemptions
Family Violence Waiverexemption
▪
Caregiver must have an approved safety
plan/employment plan
▪ Those months will not count towards the five
year time limit.
▪
▪
▪
Minn. Stat. 256J.42 subd. 4
Minn. Stat. 256J.425 subd. 3(4)
Minn. Stat. 256J.521, subd. 3
Family Violence Waiver
The family violence waiver/employment
plan must be prepared by job counselor
and domestic abuse counselor.
 May NOT require the participant to get
an order for protection or to attend
counseling.


Minn. Stat. 256.521,subd. 3
Exemption for caregivers age
60 or older. Minn. Stat.
256J.42 subd. 5(a)
Minor parent exemption and extension
▪
18 or 19 year old caregiver who is complying
with an education plan.
▪ Minn. Stat. 256J.42, subd. 5(d)
▪ Minn. Stat. 256J.425, subd. 1(a)
Hardship extensions
Minn. Stat. 256.425. subd. 1(a)
▪
If a participant is in sanction the 60th month,
the participant will NOT be eligible for an
extension.
Extension categories
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Ill or incapacitated
▪
▪
▪
30 days or more
Qualified professional’s statement
Minn. Stat. 256J.425, subd. 2(1)
Caring for ill
family/household member
extension
Lasts more than 30 days
Qualified professional statement
Minn. Stat. 256J.425, subd. 2(2)
Caregivers

With a child or adult household member
who meets criteria for
home care services/community-based
waiver services
 Severe emotional disturbance or
 Serious and persistent mental illness
 Minn. Stat. 2456J.425, subd. 2(3)

Unemployable--determined by
vocational specialist
Minn. Stat. 256J.425, subd. 3(2)(i)
IQ below 80

Minn. Stat. 256J.425, subd 3(2)(ii)
Learning disability

limits ability to obtain employment
Minn. Stat. 256J.425, subd 3(3)
Work activities
One parent assistance unit work
activities 30 hours per week of which
25 hours are in employment
 Minn. Stat. 256J.425, subd 4(1)

Work activities
Two parent assistance unit work
activities 55 hours per week
 Minn. Stat. 256J.425, subd. 4(2)
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Five year extension case studies

Small group exercise