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.