Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule provides the eligibility
requirements for the Temporary Assistance (TA) Diversion program, pursuant to
Senate Bill 24 (2015).
(1)
Scope. This rule describes the requirements necessary to qualify for the TA
Diversion program. The program provides an alternative to Temporary Assistance
(TA) benefits received on a monthly basis. The program goes into effect January
1, 2016.
(2) For purposes of this
rule, the following definitions shall apply:
(A) The terms "program" and "diversion
program" shall mean the TA Diversion program, unless described otherwise;
and
(B) "Household" shall be
defined according to the TA definition in
13
CSR 40-2.300(6).
(3) To qualify for a diversion payment, a
participant must be determined eligible for TA.
(4) A participant is not eligible for this
program if an adult in the participant's household has reached his or her
lifetime limit of monthly Temporary Assistance for Needy Families (TANF)
payments pursuant to
13 CSR
40-2.350.
(A)
Effective January 1, 2016, the lifetime limit for participation in the TA
program is forty-five (45) cumulative (not necessarily consecutive) months in
which an adult in the household has received assistance under the TANF block
grant program, pursuant to sections 601-619 of Title 42, United States
Code.
(B) Months in which
a participant receives a payment under the TA Diversion program do not count
toward the TA lifetime limit.
(C) A
participant can only receive a total of five (5) diversion program payments in
his or her lifetime as a parent, guardian, or caretaker relative in a TA
household. This limit includes payments from diversion programs in other states
or U.S. jurisdictions.
(5) A participant applying for this program
is not required to comply with the TA recipient work activity requirements, as
described in
13
CSR 40-2.315, subject to subsection (A) of this
section. A participant applying for this program must demonstrate good cause as
described in section (7) of this rule.
(A) A
participant who is actively sanctioned for non-cooperation with the TA work
activity requirements under
13
CSR 40-2.315, or whose TA case has been closed due to
non-cooperation with the work activity requirements, shall not qualify for a
diversion payment until the sanction is ended in accordance with
13
CSR 40-2.315.
(6) An eligible participant shall not receive
more than one (1) diversion program payment once during a twelve- (12-) month
period.
(A) The first month in determining
the twelve- (12-) month period is the month in which the diversion payment was
issued.
(7) A
participant requesting a diversion payment is eligible to receive a payment
only if the participant establishes good cause for one (1) of the following
reasons:
(A) An involuntary loss of
employment, as demonstrated by a written notice from the TA participant's
previous employer, unless the division determines that the participant-
1. Voluntarily quit a job; or
2. Was terminated for poor job performance or
for failure to meet a condition of employment; or
(B) A catastrophic illness or accident that
renders the participant unable to work temporarily or permanently, as
demonstrated by a statement from a licensed medical professional. The
participant shall produce a copy of medical records and a written report from a
licensed medical professional, on letterhead, providing the medical diagnosis,
along with any supporting medical tests and examinations that establish the
existence of the medical condition and the probable duration of the medical
condition. If the participant has been determined disabled by a state or
federal disability determination process, a written notice from such agency
shall be acceptable documentation; or
(C) The participant is a victim of an
incident of domestic violence, as defined by section
455.010(5),
RSMo, or of human trafficking, as defined by
section
566.200(16),
RSMo, that is documented by either a written self-attestation, police reports,
ex parte order, or other orders or judgments issued by a court; or
(D) An employed participant is unable to care
for the basic needs of his or her family due to an emergency or other event,
including but not limited to-
1. An
involuntary reduction in wages, as documented through pay stubs or an employer
statement, to the extent that the participant qualifies for TA even though he
or she is still employed; or
2. The
participant temporarily loses access to adequate transportation to work or
school beyond the control of the participant with no readily accessible
alternate means of transportation. The participant shall produce documentation
of the loss of transportation by documents such as police reports, insurance
claims, repair estimates, documentation of bus route changes, towing bills, or
other evidence supporting this claim; or
3. The participant temporarily loses access
to child care as documented through a statement from the childcare provider, or
other evidence supporting this claim; or
4. The participant has temporarily been
deprived of shelter, electricity, water, heating and/or cooling, or food due to
circumstances beyond the control of the participant caused by intentional or
negligent acts or due to a man-made or natural disaster. The participant shall
produce documentation of the event by police reports, insurance claims, repair
estimates, or other evidence supporting this claim; or
5. A temporary financial hardship caused by
natural or accidental death or the catastrophic illness of a household member,
or a parent or sibling of a household member, including half or step-siblings;
or
6. Any other event that the
division determines warrants good cause, and that is supported by documentation
establishing the occurrence of the event.
(8) The participant shall agree to use a
diversion payment to address an issue related to the purpose of the TANF
program pursuant to section 601 of Title 42, United States
Code.
(A) The division shall issue a
diversion payment directly to the participant by electronic benefits transfer
(EBT).
(B) The participant is not
eligible for TA in the month in which the diversion payment was
issued.
(C) A TA payment shall not
be issued to a household for any month for which a diversion payment was also
issued, regardless of whether the head of household or the person receiving the
payment changes.
(D) The
participant is not eligible for TA for up to two (2) months following the month
for which the diversion payment was approved, to the extent that the total
diversion payment exceeds or equals the amount of TA for which the participant
would otherwise qualify in those months. The diversion case is considered to be
active during this period.
(9) The TA Diversion program is not included
within the definition of "assistance" in
13
CSR 40-2.300(3).
(10) All information provided to the division
by a participant in support of a request for a diversion payment shall be true,
accurate, and complete.
(11) The
participant shall disclose to the division all information which may impact
eligibility for the diversion payment. The participant has a continuing
obligation to notify the division if any information supporting the grant of
the diversion payment changes within ten (10) days of the change.
(12) A participant who is aggrieved by a
decision of the division under this regulation may appeal the division's
decision pursuant to section
208.080,
RSMo.
