0262.020.00 TEMPORARY WAIVER POLICY

Temporary Assistance (TA) recipients referred to the Missouri Work Assistance (MWA) program as employment and training ready (mandatory participants) or those that are enrolled in MWA and participating as required occasionally can’t continue to participate in work activities for specified reasons. Under certain circumstances, these recipients may be temporarily waived from participation. With temporary waiver status, the MWA program gives the recipient “permission” to not participate for a specified length of time.

Temporary waiver status is granted only when the recipient meets very specific conditions. This policy describes these conditions with regard to who may be waived.

Do not attempt to engage the recipient in activities unless the temporary waiver status has ended. If the recipient is able to participate in any activity, he/she should not be granted temporary waiver status.

Example: If a TA recipient is required to participate in work activities 30 hours per week, but has a doctor’s statement that he cannot participate more than 20 hours per week for a set time period, DO NOT enter the individual in a waiver for the remaining 10 hours. Engage the participant in work activities for 20 hours per week, indicate in case notes that the doctor’s statement on file indicates the individual is unable to participate more than 20 hours per week for a limited time, and place the doctor’s statement in the file. Continue to check the participant’s status every 30 days and update the file regarding medical status.

While the recipient is in temporary waiver status, the months continue to count against his/her 60-month TA lifetime limit. It is important that temporary waiver status be granted only after careful consideration and after all reasonable alternatives for participation have been explored.

NOTE: If a recipient is sanctioned when they become exempt or temporarily waived as stated below, the exemption or waiver status “satisfies” the sanction, because the recipient is no longer mandatory. If the recipient meets an exemption, the appropriate alert to notify the Family Support Division (FSD) of the exempt status causes FSD to lift the sanction. If the recipient meets a temporary waiver condition, the case manager must send the ‘Recommends Sanction Be Lifted’ alert to lift the sanction, based on the waiver status. A recipient is no longer mandatory while in temporary waiver status. Refer to the System User Guide, Alerts section for more information.

0262.020.05 Individuals Exempt for Participation in Work Activities

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Temporary Assistance (TA) recipients who meet any of the following criteria for exemption prior to referral by FSD will not be referred to MWA. If the condition occurs after enrollment in MWA, the case manager must obtain verification of the exempt criteria and record it in the MWA System; then, refer the recipient back to FSD for case management using an appropriate alert. (See “Alerts Policy”).

Recipients who are determined exempt from participation in work activities may volunteer to participate at any time.

Descriptions of the exempt categories and appropriate documentation for each follow. (Categories are designated by Temporary Assistance for Needy Families (TANF) regulations and state policy.)

0262.020.05.05 Mentally and Physically Disabled

Temporary Assistance (TA) recipients may be exempt from participation if they are found mentally or physically disabled by one or more of the following criteria:

Circumstances that do not meet the criteria for the exempt category of mentally and physically disabled include:

Acceptable documentation for this category includes an original or photocopy of the application for benefits, written correspondence from the awarding entity verifying receipt of benefits, or any other signed statement from the awarding entity regarding the receipt of or application for benefits.

0262.020.05.10 Caretaker-Payees Age 60 or Older

A caretaker-payee is the Temporary Assistance (TA) recipient head-of-household who is the custodial caretaker of a child under age 18. A caretaker-payee, age 60 years or older, is exempt from participation by reason of age.

Verify age using any official identification (such as a driver’s license) or other birth records.

0262.020.05.15 Needed in the Home to Care for a Disabled Individual

A parent or other caretaker who is needed in the home to care for another household member who has a physical or a mental disability may be exempt from work participation. In order to meet this exemption, there must be no other satisfactory alternative plan or care available.

For this exemption, a disabled individual is defined as:

A Temporary Assistance (TA) recipient who is the primary caretaker for a disabled parent, child, or other adult household member is exempt until resources are available to enable the recipient to be away from the home without jeopardizing the safety or health of the disabled family or household member.

All other options for care must be exhausted before deciding to make the recipient exempt from work participation activities. Explore the availability of community resources that may provide appropriate day care or respite care services for the disabled child or adult. When appropriate, the recipient may enlist other family members or friends as part-time or full-time care givers for the child or adult. Missouri Work Assistance (MWA) case managers assist the family in the search for resources within the community to provide care for the disabled child or adult.

If no other caretaker resources exist, substantiate the need for the recipient to care for the disabled member of the household by obtaining a written statement or other documentation from a medical professional concerning the recipient-caretaker responsibilities.

0262.020.05.20 Custodial Caretaker of a Child under Age 12 Weeks (Exemption code 01)

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An individual who is a custodial caretaker of a child who has not attained 12 weeks of age may choose to be exempt from work activities. This exemption may be used by any caretaker, with certain exceptions as noted below.

NOTE: For two parent households only ONE parent may receive the 12 week exemption, the other parent must be coded “D” mandatory to participate with work activities if both parents are receiving Temporary Assistance due to deprived based on financial need.  The two-parent household has the option to share the 12 week exemption, but cannot take the 12 week exemption simultaneously for the same child.

EXCEPTION: When one parent is coded exempt due to permanent disability (06), the EU is now considered a single parent household. The non-disabled parent can claim the exemption for a child less than 12 weeks of age (01).

NOTE: This exemption does NOT apply to Teen Parents.

NOTE: These exempt individuals are subject to the forty-five (45) month lifetime limit.

NOTE: FAMIS will send all individuals coded  as exempt, E (01) to the Missouri Work Assistance (MWA) program as a volunteer during their 12 week exemption period. After the 12 weeks have been exhausted FAMIS will automatically change the individuals to mandatory (D). Follow up with FSD /TA TEAM within 10 days, (via DISTI@DSS.mo.gov email) if the participant’s status does not change to volunteer.

0262.020.10 Temporary Waiver Categories

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Only those Temporary Assistance (TA) recipients who qualify for the following temporary waiver categories and criteria are granted temporary waiver status. Appropriate documentation of the temporary waiver condition must be obtained and recorded in the MWA System before the temporary waiver status is granted for all temporary waivers with the exception of domestic violence.

0262.020.10.05 At Risk Pregnancy

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If it is medically determined anytime during the pregnancy that the baby or mother is at-risk, use the waiver for E04 - Temporary Disabled Individuals.

Example: In the first month of pregnancy, Jane's physician has determined that her baby is at-risk because of medical complications. The physician prescribes bed rest in the first trimester and Jane is granted temporary waiver status for a temporary disability during her first trimester.

MWA contracted staff must obtain a statement from a medical professional supporting the need for a temporary waiver due to at-risk conditions, as verification for this category. Do not enter the participant in this waiver in the MWA System until the doctor's statement is obtained. Provide a copy of the doctor's statement to FSD by scanning to DISTI@dss.mo.gov.

0262.020.10.10 When a Temporarily Waived Pregnant Participant Gives Birth after At-Risk Waiver

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When the "at risk" Temporary Assistance (TA) participant gives birth, she no longer meets the criteria for a "Temporarily Disabled/Pregnancy" temporary waiver, but she is allowed up to 12 weeks postpartum recovery period during which she is not required to participate in work activities.

Use the following process to move a participant from pre-delivery temporary waiver status to exempt status:

When the Missouri Work Assistance (MWA) case manager verifies that the participant has given birth:

0262.020.10.15 Temporarily Disabled

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If a temporary physical or mental condition prohibits a Temporary Assistance (TA) recipient from immediately engaging in a work activity, or participation in a work activity is delayed to receive appropriate medical attention to eliminate or minimize the condition, the recipient may be placed in a temporary waiver for temporary disability.

The Family Support Division (FSD) may be aware of the disabling condition prior to referral to the Missouri Work Assistance (MWA) service provider. If so, the referral is delayed until the disabling condition is resolved.

The temporary disabling condition may appear after enrollment in MWA, at which point the MWA case manager must determine the appropriateness of placing the recipient in a temporary waiver.

General guidelines for placing a recipient in a waiver for temporary disability:

Adequate information to determine this waiver is based on the nature of the individual's condition as well as its severity. Typical methods of verification to establish the extent and length of the disability may include documentation from a physician, psychiatrist, psychologist, licensed clinical social worker, or hospital reports provided by the individual. The verification must be current and include the expected duration of the condition.

If verification or confirmation of the recipient’s condition is inconclusive, the MWA case manager should discuss the case with a supervisor for alternative solutions. In some situations, an individual's condition may be documented as permanent. If this occurs, encourage the recipient to apply for a Social Security Administration/Supplemental Security Income to see if they meet the criteria for a permanent disability. Refer to 0262.020.05.05 Mentally and Physically Disabled above for more information.

0262.020.10.20 Victims of Domestic Violence

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At all times, and in all circumstances, every effort must be made to ensure the confidentiality of information for Temporary Assistance (TA) recipients who are victims of domestic violence.

Victims of domestic violence may be granted temporary waiver status if the recipient’s current situation prohibits successful engagement in work activities, or if participation would place the recipient or his/her family in unsafe or unstable situations.

If a recipient requests this temporary waiver, the Missouri Work Assistance (MWA) case manager should immediately place the recipient in the waiver for domestic violence in the MWA System. The objective of this waiver is to allow appropriate time for the recipient to overcome the immediate crisis.

While the recipient is waived, the MWA case manager should explore available resources for victims of domestic violence with the recipient, and refer if appropriate. Although these recipients require intensive case management, in no instance should the MWA case manager attempt to counsel the recipient or influence the domestic situation in any way.

In many domestic violence situations, documentary evidence does not exist. Do not press the recipient for verification of the violence if none is forthcoming. Allow the recipient to provide a written statement to support the domestic violence claim, if appropriate.

End the temporary waiver in the MWA System once the recipient attains a more stable condition and can return to participation.

0262.020.10.25 Active With Children's Division

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Temporary Assistance (TA) recipients may have family circumstances that prohibit participation due to an active case with the Department of Social Services’ Children’s Division.

Due to confidentiality issues, the Missouri Work Assistance (MWA) case manager cannot ask the recipient directly if he/she has an active case with the Children’s Division. The recipient may only self-disclose this information.

If the recipient asks for a temporary waiver due to an active case with the Children’s Division, contact the Children’s Division to determine if the recipient is ready to participate in work activities. Based on information obtained from the Children Division, the recipient may be waived from participation.

A written statement from the Children’s Division is acceptable documentation for this waiver category. If a written statement cannot be obtained, record an appropriate explanatory case note. In no instance should the case manager describe details of the family situation in the MWA System or in the paper file.

0262.020.10.30 Lack of Child Care or Transportation

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The Family Support Division (FSD) refers Temporary Assistance (TA) recipients to the Missouri Work Assistance (MWA) program who are mandatory work eligible individuals, but are unable to immediately participate in work or work activities due to the inability to find childcare or transportation.

Because these recipients are mandatory work participants, but have a temporary reason that they are unable to participate, they may be eligible for the temporary waiver status of “Unable to find child care or transportation” while attempting to locate appropriate childcare or transportation.

It becomes the recipient’s full-time task, with the assistance of the MWA case manager, to find childcare or transportation that enables him/her to participate in the required work activities. The recipient’s months of participation continue to count against their 60-month lifetime limit of TA; therefore, it is important to obtain the necessary supportive service as quickly as possible.

A recipient meets the criteria for a temporary waiver due to lack of child care or transportation when:

Recipients do not meet the criteria for a waiver due to lack of child care or transportation when:

Included in the “Teaching Work Habits and Attitudes” guide below are guidelines for the MWA case manager and recipient to assist in the exploration of available resources for child care and transportation. Together, the MWA case manager and the recipient review and discuss the questions and responses found in the guidelines as part of the effort to secure appropriate supportive services.

Before placing a recipient in a waiver for lack of child care or transportation, the circumstances must be reviewed by a designated MWA service provider supervisor for appropriateness. If the designated MWA supervisor approves the placement, record the approval as a case note in the MWA System and place the recipient in the waiver for a maximum of 30 days. At the end of 30 days, re-evaluate the situation with the recipient, review the available options, and if the lack of child care or transportation still exists, obtain approval again from the designated MWA supervisor to extend the waiver another 30 days. These waived recipients remain subject to the 60-month life-time limit of TA; therefore, it is important to resolve this barrier as soon as possible.

Continue to assist the recipient to locate childcare or obtain transportation while they are in the temporary waiver status. Record in the MWA System all applicable information related to the recipient’s efforts to obtain the necessary childcare or transportation.

0262.020.10.35 Procedure for Assigning Temporary Waiver Status

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When a Temporary Assistance (TA) recipient asks for consideration for any of the temporary waiver criteria, place the recipient in assessment while attempting to obtain documentation of the condition. When the documentation is received, place the recipient in a temporary waiver on the Participant Information screen with a scheduled end date of up to six months. Generally, the documentation of the condition includes an expected duration that dictates the expected end date of the waiver, up to six months. If the documentation indicates duration longer than six months, use an expected end of six months, and extend if necessary.

At the scheduled end date of the waiver, close the waiver, open an assessment activity, review the circumstances for the waiver, and contact the recipient for new documentation of the current status of the condition. Keep the recipient in the assessment activity until new documentation is obtained. Include a face-to-face interview in this review process whenever possible.

If the new documentation indicates the waiver is still appropriate, place the individual back in temporary waiver status up to an additional six months. If the situation is improved and the waiver is no longer appropriate, review and update the Individual Employment Plan (IEP) with the end date and outcome, and assign an appropriate work activity. If the actual end date is different than what was originally entered on the Participant Information screen, update the end date on the Participant Information screen to match the end date entered on the IEP.

Waivers can exist longer than 12 months in rare circumstances. If a waivered condition lasts that long, it’s possible an exemption reason should be explored.

Teaching Work Habits and Attitudes