Current through Reg. 50, No. 187; September 24, 2024
(1) All
in-home subsidy funding is limited to basic living necessities that enable a
client, in supported living, to live in his or her own home.
(2) In addition to the other requirements of
this section, to be eligible for an in-home subsidy, a client must establish:
(a) He or she is eighteen years of age or
older;
(b) He or she either:
1. Requires the assistance of an in-home
subsidy to move into one's own home; or
2. Is unable to remain in his or her own home
without an in-home subsidy;
(c) That living in his or her own home:
1. Is in the client's best
interest;
2. Does not jeopardize
the health, safety, or welfare of themselves or others; and
3. Is more cost-effective than other
options;
(d) For a client
who leases their own home, a current written lease, signed by the client and
landlord that is not prohibited.
1. Prohibited
leases for in-home subsidy purposes include:
a. A month-to-month lease unless the client's
circumstances meet any of the criteria listed in sub-sub-subparagraphs
(I)-(III) of this paragraph and may not be used for more than three consecutive
months per fiscal year.
I. All available
housing options that meet a client's identified needs require a month-to-month
lease. For purposes of this paragraph, "available housing options" means the
options that are reasonable relative to the client's financial means, as
identified in the Individual Financial Profile;
II. Alternative living arrangements that
offer long-term leases, such as annual leases, cannot reasonably meet the
client's identified needs as described in his or her support plan; or
III. The client's health, safety, and welfare
require he or she sign a month-to-month lease. The client may request an
extension to the three-month period if the client's health, safety, and welfare
are at risk.
b. Any fixed
term that is less than one month.
(3) In-home subsidies are funds of last
resort and will only be granted when all other available resources are
exhausted, including those described in subsection
65G-13.003(3),
F.A.C. The client shall utilize all resources or options, other than moving
into the family home, to reduce the cost of living, including the requirements
in paragraphs (a)-(e) below, before an in-home subsidy may be authorized.
(a) A client requesting an in-home subsidy
for rental assistance shall show proof that he or she has applied for and been
denied or is on the waiting list for rental assistance through the U.S.
Department of Housing and Urban Development or other local governmental
organization (e.g., the local public housing authority).
(b) A client is expected to participate in
utility/telephone company budget plans, if available, or other low-income
cellular phone assistance programs. In-home subsidy funds may be used to pay
the cost of cellular phone service instead of a landline telephone service only
if it would not cost more than a landline telephone service. A cost comparison
of cellular phone services and landline telephone service shall be included
with the client's Individual Financial Profile.
(c) A client who intends to use the in-home
subsidy funds for food shall show proof that he or she has been approved or
denied supplemental nutrition assistance program ("SNAP") benefits within the
last twelve (12) months.
(d) A
client is expected to live within his or her means, which may include living
with a roommate or roommates.
(e)
Costs related to the in-home subsidy request shall be reasonable for the
geographical area where the client lives.
(4) An in-home subsidy will not be approved
if the need for which it is being requested is the result of the mismanagement
of client funds by either the client or the client's legal
representative.
(5) The Agency will
not reimburse start-up expenses that the client incurred prior to receiving
approval for a start-up in-home subsidy.
(6) Unavailability of funds is sufficient
reason to deny an in-home subsidy.
(7) Amount of in-home subsidy. The Agency
determines an eligible client's in-home subsidy amount by calculating an
individual determination of need, based on the client's Individual Financial
Profile and supporting documentation.
(8) This rule shall be reviewed, and if
necessary, renewed through the rulemaking process five years from the effective
date.
Rulemaking Authority
393.066,
393.0663,
393.0695,
393.501 FS. Law Implemented,
393.063,
393.066,
393.0663,
393.0695 FS.
New 12-25-22.
