Florida Regulations 65A-4.220: Amount and Duration of Cash Payment
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(1) The Department determines the amount of cash assistance payment that a person receives by using the applicable payment standard minus the total net available income. A resulting deficit must be rounded down to the nearest $1.00 in determining the benefit amount. The minimum grant is $10. Persons eligible for benefits of under $10 do not receive Temporary Cash Assistance (TCA) but are considered TCA recipients for other purposes, including Medicaid and food assistance coverage.
(2) The TCA Program uses consolidated standards of basic needs, which include food, clothing, household incidentals and shelter. The eligibility specialist selects the applicable standard for the assistance group based on the size of the assistance group and the assistance group’s shelter obligation.
(a) The three shelter payment standards in Florida Statutes § 414.095(10), are referred to as Tiers I, II and III. They may also be referred to as payment standards. The tier that applies to an assistance group with a shelter obligation greater than $50 or that is homeless is Tier I. The tier that applies to an assistance group with a shelter obligation greater than $0 and less than or equal to $50 is Tier II. The tier that applies to an assistance group with a zero shelter obligation and a teen parent living in the home of a parent, other adult relative, or legal guardian regardless of any shelter obligation is Tier III.
(b) The Department uses Tier I and II for assistance groups who have shelter obligation such as a mortgage, rent or room and board payment. A shelter obligation exists when the assistance group has the responsibility to pay for the cost of housing. When the parent or relative payee’s needs are included in the benefit amount, their shelter obligation is used. When the parent or stepparent payee’s needs are not included, they must indicate that the child(ren) is required to share their shelter cost. When a relative payee’s needs are not included, the Department accepts their statement that the child(ren) is required to share their shelter cost.
(c) The Department uses Tier III for assistance groups who do not have a shelter obligation. These assistance groups may be responsible for shelter related costs such as water, sewage, garbage, taxes, insurance and upkeep, or have no shelter or shelter related costs.
(3) In order for an assistance group to be eligible on the factor of need, the Department must make an initial determination that the assistance group’s adjusted gross income does not exceed the applicable Department eligibility standard. The eligibility standard is equal to 185 percent of the Consolidated Need Standard (CNS) and is based on the size of the assistance group. The CNS is equal to 100 percent of the current federal poverty level.
(4) For the purpose of the three tier shelter standard, the definition of a homeless family is one which lacks a fixed, regular, and adequate nighttime residence, or one who has a primary nighttime residence that is:
(a) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including homeless shelters and shelters for victims of domestic violence;
(b) An institution that provides a temporary residence for individuals intended to be institutionalized, or
(c) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for people.
(5) Payments are made in monthly increments throughout the period of eligibility (i.e. – until determined ineligible).
(a) If the Department determines that a loss of benefits has occurred and the household is entitled to the restoration of those benefits, the Department will take action to restore lost benefits.
(b) Benefits will not be restored if the benefits were lost more than twelve months prior to the month the loss was discovered.
(6) The Department may continue assistance for only one month following the month of departure when the recipient moves out of the state and requests the extension.
(7) Residency is not affected during temporary absences.
(a) Temporary absence exists when an absence is 30 days or less. If the absence is greater than 30 days, the individual must provide the Department with verification of intent to return to the state by submitting the following:
1. The reason(s) the absence has been prolonged (e.g., medical treatment),
2. Plans to return to the state; and,
3. The date the individual intends to return to the state.
(b) Temporary absence may exist when the absence is greater than 30 days if there is an intent to return to Florida. In determining continuation of TCA for temporarily absent assistance groups, TCA will continue if:
1. The assistance group has maintained its residence in Florida during the temporary absence period; and,
2. The assistance group plans to return to Florida when the reason for the temporary absence has ended.
(c) Temporary absence does not exist, and therefore residency is not established, if:
1. Another state has determined the individual is a resident of their state for TCA purposes, or
2. The individual leaves the U.S. with the intent to establish permanent residence outside the U.S., or
3. There is no intent to return to Florida.
(8) The Department must designate to protective payee so an application can be approved or TCA can be continued for other assistance group members, when the payee of the TCA group is disqualified due to fraud. Protective payee requirements for TCA are the same as those listed in Florida Statutes § 414.065(2) DCF Form 2635, Protective Payee Agreement, 7/2014, is incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-05058. Copies of forms and materials incorporated by reference in this rule may be obtained by the public from the ESS Florida Headquarter’s Office at 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700. Forms are also available on the Department’s website at http://www.dcf.fl.us/DCFForms/Search/DCFFormSearch.aspx.
Rulemaking Authority 414.45, 414.095(14)(k), 414.095(18) FS. Law Implemented 414.14, 414.095 FS. History-New 1-31-94, Amended 10-9-96, Formerly 10C-1.504, Amended 11-30-98, Formerly 65A-1.504, Amended 2-10-03, 3-10-09, 3-18-15.
Terms Used In Florida Regulations 65A-4.220
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(a) The three shelter payment standards in Florida Statutes § 414.095(10), are referred to as Tiers I, II and III. They may also be referred to as payment standards. The tier that applies to an assistance group with a shelter obligation greater than $50 or that is homeless is Tier I. The tier that applies to an assistance group with a shelter obligation greater than $0 and less than or equal to $50 is Tier II. The tier that applies to an assistance group with a zero shelter obligation and a teen parent living in the home of a parent, other adult relative, or legal guardian regardless of any shelter obligation is Tier III.
(b) The Department uses Tier I and II for assistance groups who have shelter obligation such as a mortgage, rent or room and board payment. A shelter obligation exists when the assistance group has the responsibility to pay for the cost of housing. When the parent or relative payee’s needs are included in the benefit amount, their shelter obligation is used. When the parent or stepparent payee’s needs are not included, they must indicate that the child(ren) is required to share their shelter cost. When a relative payee’s needs are not included, the Department accepts their statement that the child(ren) is required to share their shelter cost.
(c) The Department uses Tier III for assistance groups who do not have a shelter obligation. These assistance groups may be responsible for shelter related costs such as water, sewage, garbage, taxes, insurance and upkeep, or have no shelter or shelter related costs.
(3) In order for an assistance group to be eligible on the factor of need, the Department must make an initial determination that the assistance group’s adjusted gross income does not exceed the applicable Department eligibility standard. The eligibility standard is equal to 185 percent of the Consolidated Need Standard (CNS) and is based on the size of the assistance group. The CNS is equal to 100 percent of the current federal poverty level.
(4) For the purpose of the three tier shelter standard, the definition of a homeless family is one which lacks a fixed, regular, and adequate nighttime residence, or one who has a primary nighttime residence that is:
(a) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including homeless shelters and shelters for victims of domestic violence;
(b) An institution that provides a temporary residence for individuals intended to be institutionalized, or
(c) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for people.
(5) Payments are made in monthly increments throughout the period of eligibility (i.e. – until determined ineligible).
(a) If the Department determines that a loss of benefits has occurred and the household is entitled to the restoration of those benefits, the Department will take action to restore lost benefits.
(b) Benefits will not be restored if the benefits were lost more than twelve months prior to the month the loss was discovered.
(6) The Department may continue assistance for only one month following the month of departure when the recipient moves out of the state and requests the extension.
(7) Residency is not affected during temporary absences.
(a) Temporary absence exists when an absence is 30 days or less. If the absence is greater than 30 days, the individual must provide the Department with verification of intent to return to the state by submitting the following:
1. The reason(s) the absence has been prolonged (e.g., medical treatment),
2. Plans to return to the state; and,
3. The date the individual intends to return to the state.
(b) Temporary absence may exist when the absence is greater than 30 days if there is an intent to return to Florida. In determining continuation of TCA for temporarily absent assistance groups, TCA will continue if:
1. The assistance group has maintained its residence in Florida during the temporary absence period; and,
2. The assistance group plans to return to Florida when the reason for the temporary absence has ended.
(c) Temporary absence does not exist, and therefore residency is not established, if:
1. Another state has determined the individual is a resident of their state for TCA purposes, or
2. The individual leaves the U.S. with the intent to establish permanent residence outside the U.S., or
3. There is no intent to return to Florida.
(8) The Department must designate to protective payee so an application can be approved or TCA can be continued for other assistance group members, when the payee of the TCA group is disqualified due to fraud. Protective payee requirements for TCA are the same as those listed in Florida Statutes § 414.065(2) DCF Form 2635, Protective Payee Agreement, 7/2014, is incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-05058. Copies of forms and materials incorporated by reference in this rule may be obtained by the public from the ESS Florida Headquarter’s Office at 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700. Forms are also available on the Department’s website at http://www.dcf.fl.us/DCFForms/Search/DCFFormSearch.aspx.
Rulemaking Authority 414.45, 414.095(14)(k), 414.095(18) FS. Law Implemented 414.14, 414.095 FS. History-New 1-31-94, Amended 10-9-96, Formerly 10C-1.504, Amended 11-30-98, Formerly 65A-1.504, Amended 2-10-03, 3-10-09, 3-18-15.