Transcript Poverty Law 1

Poverty Law 1
MFIP-S Five Year Time Limit
Adjunct Professor Monica Bogucki
2011 copyright Monica Bogucki
5 Year Time Limit Rule
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Except as otherwise provided for in this section, an
assistance
unit in which any adult caregiver has received 60 months of
cash assistance funded in whole or in
part by the TANF block grant in this or any other state or
United States territory, or from a tribal
TANF program, MFIP, the AFDC program formerly codified
in sections 256.72 to 256.87, or
the family general assistance program formerly codified in
sections 256D.01 to 256D.23, funded
in whole or in part by state appropriations, is ineligible to
receive MFIP. Minn. Stat. 256J.42, subd. 1
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
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Families started to reach the five
year time limit in July 2002
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Some families are eligible for an extension or
exemptions
Family Violence Waiverexemption
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Caregiver must have an approved safety
plan/employment plan
▪ Those months will not count towards the five
year time limit.
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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.
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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
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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)
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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
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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
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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)
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Unemployable--determined by
vocational specialist
Minn. Stat. 256J.425, subd. 3(2)(i)
IQ below 80
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Minn. Stat. 256J.425, subd 3(2)(ii)
Learning disability
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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)
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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
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Small group exercise