Current through Reg. 50, No. 187; September 24, 2024
(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
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 Section 414.095(10),
F.S., 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 or 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 a 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.
(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.
(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 12 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,
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 a 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 Section
414.065(2),
F.S. Form CF-ES 2635, Protective Payee Agreement, 07/2014, is incorporated
herein by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-05058.
The following non-English versions of the Protective Payee Agreement are
incorporated by reference: CF-ES 2635H (Creole), 07/2014, available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-16463,
and CF-ES 2635S (Spanish), 07/2014, available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-16464.
Rulemaking Authority
414.45,
414.095(14)(k),
414.095(18) FS.
Law Implemented 414.14,
414.095 FS.
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,
3-13-24.
