Exceptions to the time limit may be allowed for up to 20% of
the average monthly number of families receiving financial assistance from FEP
and FEPTP during the previous Federal fiscal year for the following
reasons:
(1) A hardship under Section
35A-3-306
is determined to exist when a parent:
(a) is
determined to be medically unable to work. The client must provide proof of
inability to work in one of the following ways:
(i) receipt of disability benefits from SSA;
(ii) receipt of VA Disability
benefits based on the parent being 100% disabled;
(iii) placement on the Division of Services
to People with Disabilities' waiting list. Being on the waiting list indicates
the person has met the criteria for a disability; or
(iv) is currently receiving Temporary Total
or Permanent Total disability Workers' Compensation benefits;
(v) a medical statement completed by a
medical doctor, a licensed Advanced Practice Registered Nurse, a licensed
Physician's Assistant, or a doctor of osteopathy, stating the parent has a
medical condition supported by medical evidence, which prevents the parent from
engaging in work activities capable of generating income of at least $500 a
month. The statement must be completed by a professional skilled in both the
diagnosis and treatment of the condition; or
(vi) a statement completed by a licensed
clinical social worker, licensed psychologist, licensed Mental Health Therapist
as defined in UCA Section
58-60-102,
or psychiatrist stating that the parent has been diagnosed with a mental health
condition that prevents the parent from engaging in work activities capable of
generating income of at least $500 a month. Substance abuse is considered the
same as mental health condition;
(b) is under age 19 through the month of
their nineteenth birthday;
(c) is
currently engaged in an approved full-time job preparation activity which the
parent was expected to complete within the 36 month time limit but completion
within the 36 months was not possible through no fault of the parent;
(d) was without fault and a delay
in the delivery of services provided by the Department occurred. The delay must
have had an adverse effect on the parent causing a hardship and preventing the
parent from obtaining employment. An extension under this section cannot be
granted for more than the length of the delay;
(e) moved to Utah after exhausting 36 months
of assistance in another state or states and the parent did not receive
supportive services in that state or states as required under the provisions of
PRWORA. To be eligible for an exception under this section, the failure to
receive supportive services must have occurred through no fault of the parent
and must contribute to the parent's inability to work. An exception under this
section can never be for longer than the delay in services;
(f) completed an educational or training
program at the 36th month and needs additional time to obtain employment;
(g) is unable to work because the
parent is required in the home to meet the medical needs of a dependent.
Dependent for the purposes of this paragraph means a person who the parent
claims as a dependent on his or her income tax filing. Proof, consisting of a
medical statement from a health care professional listed in subparagraph
(1)(a)(v) or (vi) of this section is required unless the dependent is on the
Travis C medicaid waiver program. The medical statement must include all of the
following:
(i) the diagnosis of the
dependent's condition,
(ii) the
recommended treatment needed or being received for the condition,
(iii) the length of time the parent will be
required in the home to care for the dependent, and
(iv) whether the parent is required to be in
the home full-time or part-time; or
(h) is currently receiving assistance under
one of the exceptions in this section and needs additional time to obtain
employment. A client can only receive assistance for one month under this
subparagraph. If the Department determines that granting an exception under
this subparagraph adversely impacts its federally mandated participation rate
requirements or might otherwise jeopardize its funding, the one month exception
will not be granted;
(i) the
client is currently participating in the Intergenerational Welfare Dependency
Poverty Pilot Program, "Next Generation Kids" and needs additional time to
obtain job training and preparation to decrease the risk of his/her children
being part of intergenerational welfare dependency. This exception will not be
available if the Pilot Program is to end; or
(j) parents who volunteer to fully
participate in a Department-approved employment and training activity.
Department approval will only be granted if all the requirements of Department
rule 986-200-211(1)(a) through (f) are met.
(2) Additional months of financial assistance
may be provided if the family includes an individual who has been battered or
subjected to extreme cruelty which is a barrier to employment and the
implementation of the time limit would make it more difficult to escape the
situation. Battered or subjected to extreme cruelty means:
(a) physical acts which resulted in, or
threatened to result in, physical injury to the individual;
(b) sexual abuse;
(c) sexual activity involving a dependent
child;
(d) threats of, or attempts
at, physical or sexual abuse;
(e)
mental abuse which includes stalking and harassment; or
(f) neglect or deprivation of medical care.
(3) Employment
extension. An extension to the time limit can be granted for a maximum of an
additional 24 months if during the previous two months, the parent client was
employed for no less than 20 hours per week. The employment can consist of
self-employment if the parent's net income from that self-employment is at or
above minimum wage.
(a) If, at the end of the
24-month extension, the parent client qualifies for an exception under
subsections (1) or (2) of this section, an exception can be granted under the
provisions of those sections.
(b)
A family cannot receive financial assistance for more than a total of 60 months
unless an exception can be granted under subsections (1) and (2) of this
section.
(4) All
clients receiving an extension or an exception must continue to participate, to
the maximum extent possible, in an employment plan. This includes cooperating
with ORS in the collection, establishment, and enforcement of child support and
the establishment of paternity, if necessary.
(5) If a household filing unit contains more
than one parent, and one parent has received at least 36 months of assistance
as a parent, then the entire filing unit is ineligible unless both parents meet
one of the exceptions or extension listed above. Both parents need not meet the
same exception or extension.
(6) A
family in which the only parent or both parents are ineligible aliens cannot be
granted an extension under Section (3) above or for any of the reasons for an
exception in Subsections (1)(c), (d), (e) or (f). This is because ineligible
aliens are not legally able to work and supportive services for work, education
and training purposes are inappropriate.
(7) A client who is no longer eligible for
financial assistance may be eligible for other kinds of public assistance
including food stamps, Child Care Assistance and medical coverage. The client
must follow the appropriate application process to determine eligibility for
assistance from those other programs.
(8) Exceptions and extensions are subject to
a review at least once every six months.