Florida Regulations 65A-4.208: Need
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(1) The Department determines financial eligibility by comparing the income, assets and needs of standard filing unit members to the eligibility/payment standard applicable to the assistance group as in Florida Statutes § 414.095(12) Assistance group members are always members of the standard filing unit and their income, assets and needs are counted. The income and assets of standard filing unit members who are not part of the assistance group are counted, but their needs are not.
(2) For Temporary Cash Assistance (TCA), the following individuals are included in the assistance group:
(a) The minor child(ren) for whom assistance is requested, provided they meet all non-financial state and federal Temporary Assistance to Needy Families TCA eligibility criteria pursuant to Section 103 of Public Law 104-193, Part A, Section 401(a)(1) and Section 408(a)(1)(A)(i), 45 C.F.R. § 233.10, 45 C.F.R. § 233.90(c)(1)(v)(A), 45 C.F.R §233.107, and Sections 414.095(2) and (14), F.S. The term “”in a setting approved by the Department”” set forth in Section 414.095(2)(a)4., F.S., means a Department-approved adult-supervised supportive living arrangement for an unwed minor child and their dependent child(ren) pursuant to 45 C.F.R. § 233.107 and Florida Statutes § 414.095(14)
(b) The parent(s), provided the parent meets all non-financial TCA eligibility criteria.
(c) All minor siblings (including half-brothers and half-sisters) living with the child for whom assistance is requested or if not living with such child, all minor siblings who are determined to be temporarily absent from the home by the Department, provided the siblings meet all TCA non-financial eligibility criteria.
(3) The following individuals are included in the standard filing unit. However, their needs are not counted, and they are not included in the assistance group.
(a) The parent(s) who is not eligible to be included in the assistance group due to non-financial reasons, but who is living in the home with the child, or if not living with such child, is deemed to be temporarily absent by the Department.
The individual must be considered a resident of Florida. Individuals who are in Florida temporarily may be considered residents of the state on a case-by-case basis, if they indicate an intent to reside in Florida and can verify that they are residing in Florida.
(b) A 16-18 year old who is not in school and who refuses to participate in the TCA employment and training program, unless good cause exists for non-participation in the employment and training program or school prescribed in Fl. Admin. Code R. 65A-4.2131
(4) For TCA, the following individuals shall be included in the assistance group, at the option of the parent or specified relative:
(a) Stepbrothers, stepsisters or other children in the home who meet all TCA non-financial criteria.
(b) Specified or caretaker relatives other than the parent under the following conditions:
1. The mother or legal father does not live in the home,
2. The specified or caretaker relative lives in the home with the child and is the child’s primary caretaker; and,
3. The specified or caretaker relative meets all eligibility criteria.
(c) The child of a non IV-E foster care minor parent whose child(ren) has not been adjudicated dependent and whose needs are not included in the foster care board payment.
(5) For TCA, the following individuals cannot be included in the assistance group or standard filing unit:
(a) Individuals receiving Supplemental Security Income (SSI) benefits;
(b) Individuals receiving Optional State Supplementation;
(c) Individuals covered under the Institutional Care Program;
(d) Individuals who are receiving assistance under the Refugee Assistance Program or the Cuban/Haitian Entrant Program;
(e) Essential persons for SSI purposes;
(f) Non-parent caretaker relatives who would otherwise be included in the assistance group except that they are on strike.
(6) When a parent or caretaker relative whose needs are counted is on strike, the entire assistance group is ineligible TCA.
(7) The needs of an unwed minor parent who resides with their parent, and the needs of the minor parent’s child will be included in the same benefit, unless the minor parent also qualifies as an eligible dependent child in their parent’s benefit. If a minor parent’s child is included in the grandparent’s benefit then the needs of the minor parent must also be included in the same benefit. If a minor parent is included in the parent’s benefit, the minor parent will not receive a separate benefit for the minor parent’s child.
(8) The needs of an unwed minor parent and the unwed minor parent’s child who reside with a specified relative (not the parent) must be included in the same benefit, unless the relative receives assistance for one or more siblings of the unwed minor parent. When the needs of the siblings of an unwed minor parent are included in the specified relative’s benefit, the needs of the unwed minor parent must be included in the relative’s benefit. If the needs of the minor parent are included in the specified caretaker relative’s benefit, the minor parent will not receive a separate benefit for their child. Their child’s needs will be included in the specified caretaker relative’s benefit.
(9) When a recipient leaves one assistance group and becomes a member of another assistance group, the needs of the individual shall be included in the new assistance group beginning with the first full month the individual resided with the new assistance group if eligible on all other factors. If this would result in duplicate assistance, the individual’s needs must be removed from the former assistance group and a referral must be made to Benefit Recovery on the former assistance group.
(10) A relative caregiver may self-refer, or be referred, to the Relative Caregiver Program using CF-ES 2305, Relative Caregiver Program Request for Eligibility Consideration, 10/2005, incorporated by reference, or by using the ACCESS Florida Web Application (only accepted electronically), CF-ES 2353, 09/2011, incorporated by reference in Fl. Admin. Code R. 65A-1.205, or the ACCESS Florida Application, CF-ES 2337, 11/2011, incorporated by reference in Fl. Admin. Code R. 65A-1.205
(11) Copies of the CF-ES 2305 and the CF-ES 2337 are available from the ACCESS Florida Headquarters Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, or on the Department’s website at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. The CF-ES 2353 is available on the Department’s website at http://www.myflorida.com/access florida/.
Rulemaking Authority 414.095(18), 414.45 FS. Law Implemented 414.095(2)(a), (b), (5), (14) FS. History-New 1-11-98, Amended 5-10-05, 6-29-06, 9-16-08.
Terms Used In Florida Regulations 65A-4.208
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Dependent: A person dependent for support upon another.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
(a) The minor child(ren) for whom assistance is requested, provided they meet all non-financial state and federal Temporary Assistance to Needy Families TCA eligibility criteria pursuant to Section 103 of Public Law 104-193, Part A, Section 401(a)(1) and Section 408(a)(1)(A)(i), 45 C.F.R. § 233.10, 45 C.F.R. § 233.90(c)(1)(v)(A), 45 C.F.R §233.107, and Sections 414.095(2) and (14), F.S. The term “”in a setting approved by the Department”” set forth in Section 414.095(2)(a)4., F.S., means a Department-approved adult-supervised supportive living arrangement for an unwed minor child and their dependent child(ren) pursuant to 45 C.F.R. § 233.107 and Florida Statutes § 414.095(14)
(b) The parent(s), provided the parent meets all non-financial TCA eligibility criteria.
(c) All minor siblings (including half-brothers and half-sisters) living with the child for whom assistance is requested or if not living with such child, all minor siblings who are determined to be temporarily absent from the home by the Department, provided the siblings meet all TCA non-financial eligibility criteria.
(3) The following individuals are included in the standard filing unit. However, their needs are not counted, and they are not included in the assistance group.
(a) The parent(s) who is not eligible to be included in the assistance group due to non-financial reasons, but who is living in the home with the child, or if not living with such child, is deemed to be temporarily absent by the Department.
The individual must be considered a resident of Florida. Individuals who are in Florida temporarily may be considered residents of the state on a case-by-case basis, if they indicate an intent to reside in Florida and can verify that they are residing in Florida.
(b) A 16-18 year old who is not in school and who refuses to participate in the TCA employment and training program, unless good cause exists for non-participation in the employment and training program or school prescribed in Fl. Admin. Code R. 65A-4.2131
(4) For TCA, the following individuals shall be included in the assistance group, at the option of the parent or specified relative:
(a) Stepbrothers, stepsisters or other children in the home who meet all TCA non-financial criteria.
(b) Specified or caretaker relatives other than the parent under the following conditions:
1. The mother or legal father does not live in the home,
2. The specified or caretaker relative lives in the home with the child and is the child’s primary caretaker; and,
3. The specified or caretaker relative meets all eligibility criteria.
(c) The child of a non IV-E foster care minor parent whose child(ren) has not been adjudicated dependent and whose needs are not included in the foster care board payment.
(5) For TCA, the following individuals cannot be included in the assistance group or standard filing unit:
(a) Individuals receiving Supplemental Security Income (SSI) benefits;
(b) Individuals receiving Optional State Supplementation;
(c) Individuals covered under the Institutional Care Program;
(d) Individuals who are receiving assistance under the Refugee Assistance Program or the Cuban/Haitian Entrant Program;
(e) Essential persons for SSI purposes;
(f) Non-parent caretaker relatives who would otherwise be included in the assistance group except that they are on strike.
(6) When a parent or caretaker relative whose needs are counted is on strike, the entire assistance group is ineligible TCA.
(7) The needs of an unwed minor parent who resides with their parent, and the needs of the minor parent’s child will be included in the same benefit, unless the minor parent also qualifies as an eligible dependent child in their parent’s benefit. If a minor parent’s child is included in the grandparent’s benefit then the needs of the minor parent must also be included in the same benefit. If a minor parent is included in the parent’s benefit, the minor parent will not receive a separate benefit for the minor parent’s child.
(8) The needs of an unwed minor parent and the unwed minor parent’s child who reside with a specified relative (not the parent) must be included in the same benefit, unless the relative receives assistance for one or more siblings of the unwed minor parent. When the needs of the siblings of an unwed minor parent are included in the specified relative’s benefit, the needs of the unwed minor parent must be included in the relative’s benefit. If the needs of the minor parent are included in the specified caretaker relative’s benefit, the minor parent will not receive a separate benefit for their child. Their child’s needs will be included in the specified caretaker relative’s benefit.
(9) When a recipient leaves one assistance group and becomes a member of another assistance group, the needs of the individual shall be included in the new assistance group beginning with the first full month the individual resided with the new assistance group if eligible on all other factors. If this would result in duplicate assistance, the individual’s needs must be removed from the former assistance group and a referral must be made to Benefit Recovery on the former assistance group.
(10) A relative caregiver may self-refer, or be referred, to the Relative Caregiver Program using CF-ES 2305, Relative Caregiver Program Request for Eligibility Consideration, 10/2005, incorporated by reference, or by using the ACCESS Florida Web Application (only accepted electronically), CF-ES 2353, 09/2011, incorporated by reference in Fl. Admin. Code R. 65A-1.205, or the ACCESS Florida Application, CF-ES 2337, 11/2011, incorporated by reference in Fl. Admin. Code R. 65A-1.205
(11) Copies of the CF-ES 2305 and the CF-ES 2337 are available from the ACCESS Florida Headquarters Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, or on the Department’s website at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. The CF-ES 2353 is available on the Department’s website at http://www.myflorida.com/access florida/.
Rulemaking Authority 414.095(18), 414.45 FS. Law Implemented 414.095(2)(a), (b), (5), (14) FS. History-New 1-11-98, Amended 5-10-05, 6-29-06, 9-16-08.