4120 Additional Provisions for Cash Assistance Planning -See Policy Memo #00-12-03 re: "Access to Benefits for Qualifying and Non-qualifying Aliens and Their Families".
When assistance is requested for a person not included in the current assistance plan, such person shall be treated as a new applicant in determining eligibility and amount of payment. (See 7401.)
An individual excluded from the assistance plan may not have his or her eligibility determined utilizing a separate cash plan.
A common-law marriage establishes legal responsibility provided the parties: have the legal capacity to enter into a marriage (meets the age criteria and is not already married to another individual); consider themselves presently married; and hold each other out as married to the public. The "Statement of Common-Law Marriage" form in the Appendix section may be used to document this relationship. If a common-law marriage relationship has been established for medical coverage and documented on the shared eligibility system, DCF can accept this relationship status. However, when completion of the form is requested, negative action for failure to complete it shall not be taken unless the marriage relationship affects the determination of eligibility or benefit amount.
NOTE: A common-law marriage is not acceptable for the paternity screening process discussed in 2167.
Cohabitants, living with a child’s legally responsible adult, will have their income and resources used in determining eligibility and benefit amount.
Failure to include a mandatory filing unit member as indicated in items (1) and (2) above, may result in ineligibility for the entire assistance unit. If it cannot be determined who is required to be a member of the mandatory filing unit as a result of an individual's failure to cooperate in providing necessary information or in complying with an eligibility requirement that is within the individual's control, those persons who would otherwise be required to be in the mandatory filing unit had the individual cooperated shall be ineligible for cash assistance. In addition, when an applicant/recipient refuses to provide information concerning a mandatory filing unit member, it may not be possible to determine the assistance unit's eligibility or payment (e.g., the individual has unreported income or resources). In such instances, eligibility would also be denied to the entire unit. However, if the individual refuses to comply with an eligibility requirement (e.g., applying for or providing an SSN), he or she would be treated as a sanctioned individual and excluded from the plan without affecting the entire unit as long as eligibility can be otherwise determined. In such instances, the excluded individual would not alter the composition of the filing unit and he or she would still be regarded as a filing unit member in accordance with 4111.1 and 4112 above.
Refer to 11124 for the calculation of overpayments when a person who is required to be included in the assistance plan was not included.