0210.005.10  Individuals Excluded from the Temporary Assistance Eligibility Unit

1. Individuals receiving SSI, SP or SAB, including parents, non-parent caretaker relatives (NPCRs), legal guardians, and children, are not eligible for Temporary Assistance (TA) cash. Exclude the expenses, income, and resources of the SSI, SP or SAB recipients in determining Temporary Assistance eligibility for the family. Do not consider any SSI, SP or SAB income as available to the assistance group.

   The individual may elect to receive TA rather than SSI, SP or SAB if s/he meets all TA eligibility requirements. However, receiving SSI, SP or SAB is usually more advantageous than TA.

2. Exclude the needs, income, or resources of a child receiving foster care maintenance payments or adoption subsidy in determining TA eligibility of other household members if coded on the FAMIS Family and Children Electronic System (FACES) Inquiry (FACESINQ /FMKD) as 0, 2, or 3. If it benefits the family, the needs and income of a child receiving adoption subsidy may be included but that child will not be eligible for a TA cash grant. The child's needs and income will not be counted if the child is coded a 1 on the FACESINQ screen.

   Foster care maintenance payments and adoption subsidy include:

   1. Title IV-E (Federal Funding for Children's Division Programs) coded 02 Alternative Care IV-E or 04 Adoption Subsidy IV-E;
   2. Title XIX FFP (Federal Funded Program Title XIX State Funded Maintenance) coded 12 Title XIX; or
   3. HDN Funding (Homeless, Dependent, and Neglected) coded 01 HDN or 03 Adoption Subsidy HDN.

   NOTE:  A child receiving payments through Title IV-E or HDN funding may not receive Temporary Assistance for a child of his/her own.

   EXAMPLE:  Trudy is in foster care receiving Title IV-E foster care maintenance payments.  She has a baby.  The baby is not in foster care. Trudy applies for TA for her baby.  Trudy may not receive TA for her baby because she is receiving Title IV-E foster care maintenance payments.

3. EXCLUDE the needs of the following individuals in the EU.  Budget a parent’s income.
   1. Half-brothers and half-sisters not deprived of parental support.
   2. Brothers and sisters, including half-brothers and half-sisters who are married. When a child marries, the child is then considered emancipated and the parent loses parental rights.  The child that is married and their spouse are not included in the EU with his/her siblings.
   3. Brothers and sisters, including half-brothers and half-sisters, age 18 who do not meet the cash requirements, or 19 and over.
   4. Children who are not siblings or half-siblings of the child for whom assistance was requested.
   5. Aliens who would be included but do not meet citizenship and alien status requirements.  13 CSR 40-2.310(1)(B).
   6. Individuals who are ineligible due to having been convicted of a drug-related felony after August 22, 1996, are ineligible forever. 13 CSR 40-2.305.
   7. Individuals who are fugitive felons.  13 CSR 40-2.360.
   8. Individuals who are violating a condition of probation or parole imposed under federal or state law are ineligible for Temporary Assistance.  13 CSR 40-2.360.  A person is considered to be a probation or parole violator when the probation and parole officer confirms s/he violated probation or parole.  There does not need to be an adjudication to be in violation.   If at the time of adjudication, a judge reverses the decision of the parole officer and does not consider the person to be in violation of probation or parole, TA benefits are restored.
   9. Individuals who have been convicted in a state or federal court of having fraudulently misrepresented residence in order to receive assistance simultaneously from two states are ineligible for ten years from the date of conviction.  13 CSR 40-2.355.

      NOTE:  A suspended imposition of sentence is not considered a conviction.  A suspended execution of sentence is considered a conviction.

   10. A legal guardian or NPCR if a biological or adoptive parent is in the home.