Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Composition of an assistance unit.
The county agency must determine the composition of the
assistance unit, as defined in part
9500.1206, subpart 6a, from
eligible members of the filing unit. All members of the filing unit must be
included in the assistance unit with the exception of and subject to subparts
2 to
6.
Subp. 2.
Exclusion of persons otherwise
provided for by law.
Filing unit members shall not be included in an assistance
unit if they meet one or more of the following conditions:
A. a filing unit member is receiving benefits
under the DWP, MFIP, refugee cash assistance, SSI, or Minnesota supplemental
aid programs, or has benefits paid on the member's behalf for foster care,
child welfare, or subsidized adoption;
B. a filing unit member appears to be
currently eligible for benefits under DWP, MFIP, or refugee cash assistance, or
is eligible to have benefits paid on the member's behalf for foster care, child
welfare, or subsidized adoption;
C.
a filing unit member has been determined to be eligible for DWP, MFIP, or SSI
but cannot receive benefits under those programs because the member refused or
failed to comply with a requirement of those programs;
D. a filing unit member is a parent of a
single adult applicant or recipient who resides with a single adult applicant
together with the parents' other family members;
E. a filing unit member who is in a period of
disqualification from DWP, MFIP, SSI, or general assistance due to
noncompliance with a program requirement;
F. a filing unit member has, without good
cause, refused or failed to comply with part
9500.1254; or
G. a filing unit member has refused to sign
an interim assistance agreement as required under Minnesota Statutes, section
256D.06,
subdivision 5.
Subp. 3.
State residence requirement.
No applicant shall be included in an assistance unit unless
the applicant is a resident of Minnesota. A resident is a person living in the
state with the intention of making a home here and, not for any temporary
purpose, as determined by items A to E.
A. An applicant must state on a form
prescribed by the commissioner that the applicant lives in the state and
intends to make a home in Minnesota.
B. The county agency must verify an
applicant's statement of intent to make a home in Minnesota if questionable. An
applicant's statement of intent to make a home in Minnesota is questionable if:
(1) the applicant has no verified residence
address in the state;
(2) the
applicant provides identification indicating a residence outside the
state;
(3) the applicant indicates
that he or she maintains or is having maintained a residence outside the state;
or
(4) the applicant has only
established residence in the state due to time spent in a facility referenced
in Minnesota Statutes, section
256G.02, except that
time spent in a battered women's shelter shall not be a basis for determining
that a residence is questionable.
C. An applicant's intent to make a home in
Minnesota can be verified by:
(1) a residence
address on a valid Minnesota driver's license, Minnesota identification card,
or voter registration card;
(2) a
rent receipt or a statement by the landlord, apartment manager, or homeowner
showing that the applicant is residing at an address within the county of
application;
(3) a statement by a
landlord or apartment manager indicating the applicant has located housing
which is affordable for the applicant;
(4) postmarked mail addressed to and received
by the applicant at the applicant's address within the county;
(5) a current telephone or city directory
with the applicant's residence address within the county;
(6) a written statement by an applicant's
roommate verifying the applicant's residence and the date the applicant moved
in. The roommate must also verify that the roommate lives in the residence by
providing a copy of the roommate's mortgage statement, lease agreement, or
postmarked mail addressed to and received by the roommate at that
address;
(7) documentation that the
applicant came to the state in response to an offer of employment;
(8) documentation that the applicant has
looked for work by presenting completed job applications or documentation from
employers, the local jobs service office, or temporary employment
agencies;
(9) documentation that
the applicant was formerly a resident of the state for at least 365 days and is
returning to the state after an absence of less than 90 days; or
(10) an affidavit from a person engaged in
public or private social services, legal services, law enforcement, or health
services that the affiant knows the applicant, has had personal contact with
the applicant, and believes the applicant is living in the state with the
intent of making Minnesota the applicant's permanent home.
D. In addition to meeting one of the
requirements of item C, an applicant described by item B, subitem (2), must
document that the applicant has severed the applicant's residence in another
state. Documentation may include bank statements indicating the closing of
accounts, a document showing cancellation or termination of a lease, or
verification that real property used as the applicant's residence in another
state is abandoned or for sale.
E.
Notwithstanding the provisions of item C, any applicant specified in item B,
subitems (2) to (4), who also indicates an intention to leave the state within
30 days of application, will be considered to be in the state for a temporary
purpose and is not a resident.
Subp.
4.
Minors.
No child under the age of 18 who is not a member of a family
as defined in Minnesota Statutes, section
256D.02, subdivision
5, shall be included in an assistance unit unless:
A. the child is legally
emancipated;
B. the child lives
with an adult who is not a family member or legal custodian with the express
written consent of an agency acting in its legal capacity as a custodian of the
child;
C. the child lives with an
adult who is not a family member or legal custodian with the express written
consent of the child's parents or legal guardian, together with the express
written consent of the county agency; or
D. the child does not live with an adult but
is at least 16 years of age and whose living arrangement is approved in a
social services case plan for the child and includes general assistance as a
component of the plan.
Subp.
5. [Repealed, 32 SR 1437]
Subp.
6. [Repealed, 32 SR 1437]
Statutory Authority: MS s
14.388;
256D.01;
256D.04;
256D.051;
256D.06;
256D.08;
256D.09;
256D.111
