Kansas Department of Social and Rehabilitation Services
Janet Schalansky, Secretary
Integrated Service Delivery - Candy Shively, Deputy
Secretary (785) 296-3271
Economic and Employment Support - Sandra Hazlett,
Director (785) 296-3349
MEMORANDUM
To:
EES Chiefs
EES
Staff
|
Date:
December 17, 2002 |
From:
Sandra C. Hazlett |
RE:
Implementation Instructions
KEESM
Rev. 12 Effective January 1, 2003 |
This
memo provides implementation instructions and information
for the following January 1, 2003 KEESM changes:
KEESM 2223 - Temporary absence of a child or caretaker
KEESM 2510 - Categorical eligibility for the Food Stamp
Program
KEESM 2520 - Able-bodied Adults without dependents -
new 3 year eligibility period
KEESM 2673 - Elimination of the Partial LMB Program
The
January 1, 2003 KEESM is now available online on the
KEESM home page. The hard copy is being issued to staff
at this time.
-
KEESM
2223- Temporary
Absence of a Child or Caretaker - (See Summary
of Changes, item 9.) The following examples help
to illustrate this change in policy. Please note
that the examples only apply to TAF. There is no
comparable temporary absence policy for food stamps.
-
Example 1 - A single mother with
3 children seeks substance abuse
treatment as part of her self-sufficiency
plan. The RADAC recommends that the
mother enter a 45 day treatment facility
and further recommends that she reside
in a half-way house for 90 days following
treatment. The grandmother will care
for the children in her absence.
Because the mother will be absent
due to fulfilling a work requirement,
she remains eligible for assistance
during her absence.
- Example
2 - A mother leaves her 3 children with
their grandmother while she goes to help
her sister with newborn twins. She plans
to be gone for two months. Because her
anticipated length of absence is less
than 180 consecutive days, she remains
eligible for TAF assistance during her
absence.
Who
should be the payee in the examples above? The mother
should remain the payee even though the grandmother
has come to stay with the children during her absence.
This would also be true if the children went to
stay at Grandma's house during the mother's absence.
It will be up to the mother to determine whether
to give Grandma access to her EBT account or make
other arrangements to support the children in her
absence.
What
if Grandma works and needs child care? Grandma
is eligible for child care assistance with
no family fee.
-
Example
3 - A mother is sent to jail for 90 days. Does
she remain eligible for assistance under the
temporary absence policy? No. Residents of
penal institutions are never eligible for assistance.
This policy includes children who are sent
to juvenile detention or correctional facilities,
but does not include juvenile offenders who
are placed in foster care or group homes.
-
Example
4 - A mother is hospitalized on January 4.
The hospital stay is expected to last approximately
90 days, which would place her release around
the end of March, beginning of April. Does
she remain eligible for assistance under the
temporary absence policy? This is a situation
in which the worker will have to use his or
her best judgment. The policy states that in
cases of hospitalization, eligibility may continue
if the hospital stay is not expected to exceed
the month of admission and the two following
months. In this example, the anticipated stay
is within 4 days of the eligibility cut-off
date. However, the 90 day time frame is only
an estimate at the time the worker is determining
continued eligibility and could be off a week
in either direction. It would be within a worker's
discretion to determine that it is likely the
client will be released by March 31 and approve
on-going eligibility for the mother. If the
mother isn't actually released until April
2, there is no overpayment. The worker made
a good judgment based on the information available
at the time.
-
Example
5 - The only children in a TANF household
go to visit their father for 2 months
in the summer. The children should remain
on their mother's case since they are
only temporarily absent. CSE should be
notified of the visit. The mother and
father must work out arrangements for
financial support of the children during
the visit. If the father does apply for
assistance during the children's visit
and if he is eligible, a case may be opened
for him and one of the children coded
"SS" on his case while remaining
"IN" on the mother's case. The
system will allow this. The goal is to
allow the mother to maintain the home
for the children's return.
For food stamps, the children must be
coded "OUT" on the mother's
case. If the father applies for food stamps,
the children would be coded "IN"
during the months they are with their
father.
-
Example
6 - A child is placed in foster care with
the expectation to be returned home within
180 days. The child must be coded "out"
on TANF because the child may not receive
a TANF payment and a foster care payment
in the same month. If it is the only child
on the TANF case placed in foster care,
the child will be coded "SS"
on SEPA and the mother will remain eligible.
What verification is required that the
foster care is expected to last 180 days
or less? If it is your area's goal for
every foster child to be returned home
within 180 days when possible, individual
verification on the expected length of
absence is not required. However, it is
within an area's discretion to require
verification of each temporary absence.
-
Example
7 - A child receives a scholarship for a boarding
school in New England and will be gone nine
months of the year. Both the mother and child
remain eligible for TANF in Kansas. Note: There
is no 180 day time limit when the absence is
to attend school.
-
Example
8 - A child goes to live with her grandmother
in New York so that she may attend a special
school for the performing arts. This is not
a boarding school; the child resides with the
grandmother with visits home at Christmas and
a month in the summer. Grandma makes the decisions
on the child's curfew, spending money, privileges,
etc. This child is not eligible to remain on
the mother's TANF case in Kansas. Although
the purpose of the absence may be to attend
school, the mother has given care and control
of the child to the grandmother for more than
180 days. (This must be determined on a case
by case basis.) If this is the mother's only
child, she is no longer eligible for TANF in
Kansas.
-
KEESM
2510 - Categorically
Eligibility Households - (See Summary of
Changes, item 11.) As stated in the Summary
of Changes, the food stamp change to the categorical
eligibility provisions is mandated by federal
policy. Effective with this revision, households
are considered categorically eligible only
if all members of the household receive or
are authorized to receive TAF, GA or SSI cash
assistance, or if all adult members receive
or are authorized to receive TAF funded work
support services. The previous policy that
conferred categorical eligibility to households
in which some members received TAF or GA cash,
or TAF funded support services is no longer
applicable. This new interpretation of categorical
eligibility shall be applied to all applications
and reviews processed on or after January 1,
2003. For ongoing cases, the new policy shall
be applied at the time of the next food stamp
eligibility review.
The
following examples illustrate households that are
categorically eligible.
- Example
1 - Mary Smith and her 4 children receive TAF.
Her disabled mother lives with her and receives
GA.
- Example
2 - Bill Jones and his family of 5 have been
receiving TAF. He gets a job that make the
family ineligible for cash assistance. Bill
is eligible for TAF funded support services
for 12 months following TAF closure.
- Example
3 - Sam Smith receives SSI. His wife and children
receive TAF.
- Example
4 - Mary Jones and her daughter Jenny both
receive SSI. They live with Jenny's older brother
George, who is receiving GA.
The
examples below are of households that are not considered
categorically eligible under the new policy:
- Example
5 - Sally Berry receives TAF for herself and
3 children. Her boyfriend (not the children's
father) lives in the home and purchases and
prepares meals with Sally and family. He is
employed full time and has $2,500 in countable
resources.
- Example
6 - Amanda Miller is pregnant and receiving
TAF. She is only 19 and lives with her parents
and siblings who also want to receive FS. They
do not receive TAF.
- KEESM
2520 - Able-Bodied Adults
Without Dependents (ABAWD) - (See Summary of Changes,
item 12.) - January 1, 2003 starts a new 36 month eligibility
period for ABAWDS. The 36 month period will end December
31, 2005. The following policies apply:
- ABAWDs
that are receiving benefits at the end of the
36 month period (3rd month is December 2002)
do not have to reapply for benefits to continue
into the new 36 month period. They should just
be continued through March 2003.
- ABAWDs
who are in their first or second ABAWD month
in December 2002, shall continue receiving
the full three months of ABAWD benefits, then
start their new 3 month eligibility period.
For example, an ABAWD is certified in October
2002. November through January are the first
three months of eligibility as an ABAWD. Since
a new three year period started January 1,
eligibility can continue for another three
months, or until April 2003.
- ABAWDs
that have received their 3 months and been
taken off of FS (SEPA code DI) on active FS
cases should be added back onto active FS cases
for the benefit month of January 2003, if appropriate.
A new application is not required. The person
should be treated just like adding a person
to an active case. All factors of eligibility
must be met to readd the person to the case.
To assist
staff in this effort, a printout of ABAWDs on active
FS cases is attached to this memo. Persons listed are
coded AB on JOPR with a SEPA code of DI (and DF - read
on). In reviewing the printout, I noted quite a few ABAWDs
coded DF. The policy change that changed SEPA coding
for ABAWDs from DF to DI was effective 10/1/01. Cases
were to have been changed for the benefit month of November
2001. Cases that were not changed correctly, or ABAWDs
on new cases coded incorrectly since the policy change
was effective are potentially due lost benefits if the
ABAWD had income. All cases with ABAWDs coded DF on the
attached printout must be reviewed for potential lost
benefits.
- ABAWDs
on cases that are closed will have to reapply to
receive benefits in the next 36 month period. No
notification of possible eligibility in the new
period is required.
- The
ABAWD Eligibility Tracking Form, ES-4312, has been
revised. We did not get it into the January manual
revision in time, so a copy of the revised form
in WP is attached to this memo. This version will
be added to the KEESM website, and a hard copy will
be included in the May 2003 revision.
- KEESM
2673 - Partial LMB -
(See Summary of Changes, item 15.) - Due to the expiration
of federal authority to provide benefits, the Partial
LMB program will be eliminated beginning January 1, 2003.
Persons eligible under this program are provided a refund
for payment of a portion of the Medicare Part B premium.
Administrative processes for Partial LMB provided the
entire annual benefit in a single payment and cases for
eligible participants are generally opened only for a
single month. Immediately following authorization of
coverage, the case is closed. Payments for the benefit
are made internally and the Medicare buy-in process is
not used in this process. Because there are no open cases
authorizing Partial LMB benefits, no additional action
is needed to terminate coverage for any persons who is
currently eligible for Partial LMB.
Persons
meeting eligibility criteria shall be approved for
benefits through 2002, including applications processed
after 01-01-03. Eligibility may also be considered
for persons requesting prior medical, but only for
2002 benefits. Benefits are not available for effective
dates of 01-01-03 or later.
For
example, an individual applying on 1-10-03 requests
prior medical. If the individual is eligible, the
full 2002 payment of $43.92 shall be authorized.
However, unless the individual qualifies for other
types of medical assistance in future months, the
case shall be closed and no further benefits provided.
Applicants
specifically requesting Partial LMB for dates on
or after 01-01-03 shall be informed that the program
has terminated. The Partial LMB denial notice, the
N265, has been modified to include language regarding
the sunset of the program. Because any denial or
termination of benefits provided under the Partial
LMB program is due to Federal law, an opportunity
for a fair hearing need not be provided. It is appropriate
to enter a Motion to Dismiss for fair hearing requests
related to this change.
The Special Medical Indicator (PICK code) of LP
will not be available for authorization for benefit
months past 12-02. Staff attempting to use this
code will receive an error message. Case processing
instructions for benefit months through 12-02 are
not changing.
SCH:PJ:jmm
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