Poverty Law 1 MFIP-S Five Year Time Limit Overview of Emergency Assistance Programs Adjunct Professor Monica Bogucki, BSW, JD 2015 Copyright

Overview of Emergency Assistance Programs MFIP-EA, Special Session, Chapter 14, Article 1, Section 94, Minn. Stat. 256J.626 (consolidated fund) Emergency General Assistance, Minn. Stat 256D.06, subd.2 Some counties use all “county funds” to supplement the state funding.

MFIP-EA is no longer uniform state program Each county determines the eligibility criteria for that county 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 MFIP-EA once every 12 months ▪ Some counties, participants can receive MFIP-EA once in a lifetime

Use once every 12 months Emergency General Assistance, Minn. Stat. 256D.06, subd. 2(b) Participant can use only once every 12 months.

EGA-Income Limits  Income limit for EGA Must have annual net income no greater than 200 percent of federal privacy guidelines for previous calendar year. Minn. Stat. 256D.06, subd. 2(b)

Assess every person in the household  Determine each person in the household and which government benefit program, each person is receiving

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 ▪ Each county will define emergencies for the Emergency General Assistance program effective November 1, 2011 ▪ Minn. Stat. 256D.02, subd. 2

Emergency General Assistance ▪ Primarily state funding ▪ Broader categories of eligibility ▪ 12 MONTH RULE NOW APPLIES TO EGA

Must be cost effective and resolve the emergency. What is cost effective? What if the emergency is not cost effective? Must resolve the emergency and not delay it.

Review Sample County Policy  Review sample county policy

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 ▪ ▪ What if this manual is more restrictive than the statute?

MFIP-S Program FIVE YEAR TIME LIMIT

Five Year Rule An assistance unit in which any adult caregiver has received 60 months of cash assistance funded in whole or part By the TANF block grant…. is ineligible to receive MFIP. The 60 month time period does not need to be consecutive months for this provision to apply. 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

Family Violence Waiver- exemption ▪ If a caregiver has an approved safety 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. 256J.521,subd. 3

Exemption for caregivers age 60 or older. Minn. Stat. 256J.42 subd. 5(a)

Minor parent exemption ▪ 18 or 19 year old caregiver who is complying with an education plan. ▪ Minn. Stat. 256J.42, subd. 5(d)

Hardship extensions ▪ If a participant is in sanction the 60th month, the participant will NOT be eligible for an extension. Minn. Stat. 256J.425. subd. 1(a)

Extension categories ▪ Participant who is suffering from an illness, injury, or incapacity which severely limits the person’s ability to obtain or maintain employment. ▪ The illness, injury or incapacity must be expected to last more than 30 days. ▪ A qualified professional must verify the illness, injury or incapacity. ▪ Minn. Stat. 256J.425, subd. 2(a)(1)

Caring for ill household member extension  Participant is needed in the home as a caregiver of an ill, injured or incapacitated household member (assistance unit member, relative in the household, or foster child in the household)  A qualified professional must verify the illness, injury or incapacity.  Minn. Stat. 256J.425, subd. 2(a)(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. 256J.425, subd. 2(a)(3)

Unemployable extension A vocational specialist must determine the participant to be unemployable. Vocational specialist is usually through county agency. Also, consider State of Minnesota Dept. of Vocational Rehabilitation Services Minn. Stat. 256J.425, subd 3(a)(2)(i)

IQ below 80 extension  If an individual has an IQ below 80 and this condition severely limits an individual’s ability to maintain suitable employment, this qualifies as a hardship extension Minn. Stat. 256J.425, subd 3(a)(2)(ii)

Learning disability  If an individual has a learning disability and this condition severely limits the person’s ability to obtain employment, this person qualifies for Minn. Stat. 256J.425, subd 3(a)(3)

Work activities-extension  One parent assistance unit work activities 30 hours per week of which 25 hours are in employment  Minn. Stat. 256J.425, subd 4(a)(1)

Work activities-extension  Two parent assistance unit work activities 55 hours per week of which at least 45 hours per week are spent in employment.  Minn. Stat. 256J.425, subd. 4(2)

Duty to cooperation with child support collection  Participant has a duty to cooperate with the county agency in establishing and collecting child support unless the participant can establish “good cause.”

Good cause exemption  Good cause exists when an individual documents that pursuit of child support…… could reasonably result in:  Physical harm to child  Emotional harm to child  Physical harm to parent or caregiver  Emotional harm to parent or caregiver.  Minn. Stat , subd. 10(b)

Good cause  Once an individual is granted “good cause” then the county agency must cease child support enforcement services.  Minn. Stat , subd10(b)

Five year extension case studies  Small group exercise