Neb. Admin. Code tit. 468 — Aid to Dependent Children (adc)

Chapter 1 General Background

Neb. Admin. Code tit. 468, ch. 1 General Background {#sec-468-nac-1 omnilex-key=us-ne-regs-official--title-468--468 NAC 1}

001. LEGAL BASIS . The Nebraska Aid to Dependent Children (ADC) Program is governed and funded by state and federal sources. Title IV-A of the Social Security Act governs the Temporary Assistance to Needy Families (TANF) federal block grant program which partially funds Aid to Dependent Children. See also Nebraska Revised Statutes (Neb. Rev. Stat.) §§ 43-501 through 43-517 and various sections in chapters 45, 61, and 68 of Nebraska Revised Statutes.

002. PURPOSE AND SCOPE . The purpose of Aid to Dependent Children is to provide assistance to needy families so that children can be cared for in their own homes and to reduce the dependency of needy parents by promoting job preparation, work, and marriage.

003. ADMINISTRATION . The Aid to Dependent Children Program is administered by the Nebraska Department of Health and Human Services in accordance with state laws and with rules, regulations, and procedures established by the Director.

004. DEFINITIONS . For use within the Aid to Dependent Children Program, the following definitions will apply unless the context in which the term is used denotes otherwise:

004.01 ABSENT PARENT. A parent who is not residing in the home where his or her child(ren) is living.

004.02 AID TO DEPENDENT CHILDREN. A categorical program consisting of financial assistance.

004.03 ADEQUATE NOTICE. Notice of case action which includes a statement of what action the Department intends to take, the reason for the intended action, the specific regulation that supports the action, or the change in federal or state law that requires the action.

004.04 APPLICANT. An individual who applies for program assistance.

004.05 APPLICATION. A verbal or written request to the Department indicating a desire to participate in the Aid to Dependent Children and Employment First Programs on a department approved form.

004.06 APPLICATION DATE. For new and reopened cases, the date a properly signed application is received.

004.07 ARREARAGE. Past due child support owed under a court order or an administrative order. If the obligor has arrearages he or she is said to be “in arrears”.

004.08 ASSIGNMENT. The legal transfer of an individual’s right to benefits to the Nebraska Department of Health and Human Services. This includes child, spousal, and medical support.

004.09 CASH MEDICAL SUPPORT. An amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent through employment or otherwise or for other medical costs not covered by insurance.

004.10 CATEGORICAL ASSISTANCE. Assistance administered by the Nebraska Department of Health and Human Services. For the purposes of this definition, it includes Aid to Dependent Children (ADC), Child Welfare Payment and Medical Services Program, Assistance to the Aged, Blind, or Disabled (AABD), State Disability Program (SDP), and the Refugee Resettlement Program (RRP).

004.11 CHILD SUPPORT. Money that is:

(A) Ordered by a court of competent jurisdiction on behalf of a minor child; or

(B) Paid by the noncustodial parent without a court order.

004.12 COMPONENTS. Employment First activities in which Aid to Dependent Children applicants and recipients participate. A participant may be in more than one activity.

004.13 CONSERVATOR. An individual appointed by a court of competent jurisdiction to control and manage the estate, property, or other business affairs of a person who, the court has determined, is unable to do so.

004.14 CONTRIBUTIONS. Verified payments which are paid by an individual other than a noncustodial parent:

(A) Directly to a vendor on behalf of an Aid to Dependent Children unit; or

(B) To an individual in the Aid to Dependent Children unit.

004.15 DEBT TO THE STATE. The amount of support owed to the State of Nebraska when a partial termination of the assignment is filed as a result of the Aid to Dependent Children benefits paid on behalf of the child(ren). The amount of the debt is the lesser of the following figures:

(A) The total amount of Aid to Dependent Children benefits paid since February 1976 (when the assignment provisions were first implemented) minus the collections received by the Department as a result of the assignment; or

(B) The total court-ordered arrearage as of the date the partial termination is filed.

004.16 DEPARTMENT. The Nebraska Department of Health and Human Services.

004.17 DEPENDENT CHILD. A child who is living in the home of a relative specified by law or a legally appointed guardian or conservator unless removed from the home by judicial determination (see Title 479) and is:

(A) Unborn beginning with the first day of the mother’s third trimester through age 17; or

(B) Age 18 if a full-time student regularly attending a secondary school or participating in an Employment First component.

004.18 ELIGIBILITY PERIOD. The period of time for which a unit is eligible for Aid to Dependent Children, provided all eligibility requirements continue to be met.

004.19 EMANCIPATED MINOR. A child age 18 or younger who is considered an adult because he or she has:

(A) Married;

(B) Moved away from the parent(s)’ home and is not receiving support from the parent(s) and it is in the child’s best interests to be considered emancipated;

(D) A child who has been judicially emancipated by a court of competent jurisdiction.

004.20 FINANCIALLY RESPONSIBLE INDIVIDUAL. The natural parent(s), legal parent(s), adoptive parent(s) or step-parent(s).

004.21 FUGITIVE FELON. A person who has been charged with a felony and who has fled from the jurisdiction of the court where the crime was committed.

004.22 GRANT CASE. A unit receiving an Aid to Dependent Children payment or eligible to receive payment but not receiving it because of the minimum payment provision.

004.23 HOUSEHOLD. Individuals living together. There may be more than one public assistance unit within a household.

004.24 INTENTIONAL PROGRAM VIOLATION (IPV). Any action by an individual to intentionally:

(A) Make a false statement, either verbally or in writing, to obtain benefits to which the unit is not entitled;

(B) Conceal information to obtain benefits to which the unit is not entitled; or

004.25 LEGAL GUARDIAN. An individual appointed by a court of competent jurisdiction to be in charge of the affairs of a person who cannot effectively manage his or her own affairs because of his or her age or incapacity.

004.26 MINIMUM PAYMENT PROVISION. The smallest amount for which a grant is issued. No grant is issued for $9.99 or less.

004.27 MINOR PARENT. An individual age 18 or younger, with a child. If emancipated, a minor parent is treated as an adult for Aid to Dependent Children purposes.

004.28 MINOR PARENT HEAD OF HOUSEHOLD. A minor parent who is not living with a specified relative and has no guardian or conservator.

004.29 NEED. Economic need when referred to as a condition of eligibility.

004.30 PARTICIPANT. An individual who is required to participate in the Employment First Program.

004.31 PAYEE. A parent, other specified relative, or a legally appointed guardian or conservator who exercises the responsibility for the care and control of the child(ren) and to whom the assistance payment for the child(ren) is made.

004.32 PAYMENT MONTH. The calendar month in which assistance is paid.

004.33 PAYMENT STANDARD. The maximum grant payment that an Aid to Dependent Children recipient family may receive.

004.34 POWER OF ATTORNEY. A written statement allowing one person to act for another person. A power of attorney may be authorized generally for the management of a specified business or enterprise or more often specifically for the accomplishment of a particular transaction.

004.35 RECIPIENT. An individual who is receiving Aid to Dependent Children benefits.

004.36 RETROACTIVE PAYMENT. Any payment made during the current month but for a prior month.

004.37 SPECIFIED RELATIVE. A relative with whom a dependent child may live and receive assistance. The relative must be a father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, second cousin, nephew, or niece. These relatives may be half blood, related by adoption, or from a preceding generation as denoted by prefixes of grand, great, great-great, or great-great-great. A child may also live with the spouse of any persons previously named even after the marriage has been terminated by death or divorce.

004.38 SPOUSAL SUPPORT. Alimony or maintenance support for a spouse or former spouse.

004.39 STANDARD OF NEED. The initial income test in Aid to Dependent Children “gap” budgeting against which net earned income is measured. The standard of need represents the regular recurring monthly amount necessary for basic subsistence and is used to calculate a unit’s Aid to Dependent Children benefit amount. The standard of need represents the monthly combined cost of food, clothing, sundries, home supplies, utilities, laundry, and shelter, including taxes and insurance. Beginning July 1, 1997, the standard of need used to calculate Aid to Dependent Children payments automatically increases in accordance with Neb. Rev. Stat. § 43-513. As of July 1, 2019, the standard of need for a single individual was $579.00 plus $135.00 for each additional eligible individual in the Aid to Dependent Children unit. The standard of need will continue to be adjusted automatically in accordance with Neb. Rev. Stat. § 43-513 and without the need to further amend this section.

004.40 SUPPLEMENTAL PAYMENT. Any payment made for and during the current month.

004.41 TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF). A block grant from the federal government which funds Aid to Dependent Children, Employment First, and some Child Care.

004.42 THIRD PARTY MEDICAL PAYMENT. A payment from any health insurance plan, individual, or group for medical expenses.

004.43 THIRD TRIMESTER OF PREGNANCY. Three calendar months prior to the month in which the child is expected to be born and the month of birth.

004.44 TIMELY NOTICE. A notice of case action dated and mailed at least ten calendar days before the date the action becomes effective.

004.45 UNIT. Eligible individuals considered in determining the grant.

004.46 WAIVER. A voluntary written request to terminate an Aid to Dependent Children Cash Assistance case made by a recipient.

004.47 WITHDRAWAL. A voluntary retraction of an application.

005. DISCLOSURE OF INFORMATION REGARDING FUGITIVE FELON . If a local or state law enforcement officer provides the recipient’s Social Security Number and verification that the recipient is a fugitive felon, the Department may disclose, with the approval of the local administrator, the name and current address of an Aid to Dependent Children grant individual.

006. INDIVIDUAL RESPONSIBILITIES . Individuals applying for or receiving Aid to Dependent Children benefits are required to:

(A) Provide complete and accurate information. State and federal law provides penalties of a fine, imprisonment, or both for persons found guilty of obtaining assistance or services for which they are not eligible by making false statements or failing to report promptly any changes in their circumstances;

(B) Report a change in circumstance no later than ten days following the change, unless good cause is shown. The recipient is responsible for establishing the existence of a good cause circumstance. Unverified statements do not constitute good cause. Changes required to be reported include:

(i) Change or receipt of a resource;

(ii) Changes in who lives in the home of the Aid to Dependent Children unit;

(iii) New employment;

(1) The individual must report new employment within ten days of receipt of the first paycheck.

(iv) When employment has ended;

(v) Changes in the amount of monthly income, including:

(1) All changes in unearned income; and

(2) Changes in the source of employment, in the wage rate and in employment status, such as part-time to full-time or full-time to part-time. For reporting purposes for Aid to Dependent Children, 30 hours per week is considered full-time.

(a) Changes in wage rate or status must be reported within ten days of the first paycheck being received that reflects the change.

(C) Cooperate with Employment First requirements and complete an Employment First Self-Sufficiency Contract, if appropriate, and comply with its terms;

(D) Cooperate in obtaining any third party medical payments;

(E) Cooperate with state and federal quality control;

(F) Contact the agency for an interview within 30 days of the date of application if notified that an interview is required; and

(G) Provide verification of information when requested to do so by the Department.

007. INDIVIDUAL RIGHTS . Individuals applying for or receiving Aid to Dependent Children benefits have the right to:

(A) Apply. Anyone who wishes to apply for assistance must be given the opportunity to do so. No one may be denied the right to apply for public assistance;

(B) Reasonably prompt action on their application for assistance;

(D) Appeal to the Director for a hearing on any action or inaction with regard to an application, the amount of the assistance payment, or failure to act with reasonable promptness. The appeal must be filed in writing within 90 days of the action or inaction;

(E) Have their information treated confidentially;

(F) Have their civil rights upheld. No person may be subjected to discrimination on the grounds of his or her race, color, national origin, sex, age, disability, religion or political belief;

(G) Have the program requirements and benefits fully explained;

(H) Be assisted in the application process by the person of their choice; and

(I) Referral to other agencies.

008. APPLICATION . An application must be properly signed by an individual for himself or herself, by the applicant’s guardian or conservator, by an individual acting under a duly executed power of attorney, or by a specified relative applying on behalf of, or for, a child. When adding a program to the application, the application date is the date the request to add the program is made. A properly signed application contains:

(A) Name;

(B) Address; and

(C) A written, electronic or telephonic signature in a manner consistent with the State of Nebraska’s Supplemental Nutritional Assistance Program’s requirements under Title 475.

008.01 PROMPT ACTION ON APPLICATIONS. The Department has 30 days from the date the application is received to make an eligibility determination.

008.02 WITHDRAWALS. The applicant may voluntarily withdraw an application.

008.03 AUTHORIZATION FOR INVESTIGATION. For some sources the Department asks the individual to sign a Release of Information when it appears that information given is incorrect, when the individual is unable to furnish the necessary information, or for sample quality control verification. A copy of the authorization for information from the application for assistance may be used if the source will accept it.

008.04 NEW APPLICATION. A new application is required after one calendar month of ineligibility or after an application has been denied.

009. NOTICE OF ACTION . A Notice of Action is sent to inform the applicant or recipient of any action affecting his or her eligibility.

009.01 ADEQUATE NOTICE. An adequate notice must include a statement of what action the Department intends to take, the reason for the intended action, the specific regulation that supports the action, or the change in federal or state law that requires the action.

009.02 TIMELY NOTICE. A timely notice must be dated and mailed at least ten calendar days before the date that action would become effective, which is always the first day of the month.

009.03 ADEQUATE AND TIMELY NOTICE. In cases of intended adverse action, including action to discontinue, terminate, suspend, or reduce assistance, or to change the manner or form of payment or service to a more restrictive method, such as a protective payee, the applicant or recipient is given adequate and timely notice.

009.04 SITUATIONS REQUIRING ADEQUATE NOTICE ONLY. In the following situations, only adequate notice is required:

(A) The Department has factual information confirming the death of an individual in the unit;

(B) The Department receives a written and signed statement from an individual in the unit:

(i) Stating that assistance is no longer required; or

(ii) Giving information which requires termination or reduction of assistance, and indicating, in writing, that the individual understands the consequences of supplying such information;

(D) An individual in the unit has been placed in skilled nursing care, intermediate care, or long-term hospitalization or the individual is receiving assisted living waiver services;

(E) An individual in the unit’s whereabouts are unknown and agency mail directed to the individual has been returned by the post office indicating no known forwarding address;

(F) An individual in the unit has been accepted for assistance in another state and that fact has been established; or

(G) A child in the unit is removed from the home as a result of a judicial determination or is voluntarily placed in foster care.

009.05 WAIVER OF NOTICE. An applicant or recipient may agree to waive their right to a timely notice in situations that require timely notice by providing a signed statement indicating their choice to waive the notice.

009.06 IN FRAUD CASES. At least five days’ advance written notice must be given if:

(A) The Department has facts indicating that action should be taken to discontinue, terminate, or reduce assistance because of probable fraud by the client; and

(B) The facts have been verified where possible through collateral sources.

009.07 CONTINUATION OF BENEFITS. Adverse action will not be carried out pending an appeal hearing if:

(1) The action being appealed required adequate and timely notice;

(2) The individual requests an appeal hearing in writing within ten days following the date the Notice of Action is mailed; and

(3) The individual does not refuse continued assistance.

009.07(A) CONTINUATION OF NORMAL CASE ACTIONS. Normal case actions, including implementing changes to the assistance case that are not directly related to the appeal issue, are still completed pending an appeal hearing.

009.07(B) BENEFIT RECOVERY. If the Department’s action is sustained by the hearing decision, the benefits received by the unit during the appeal period are subject to recovery.

009.07(C) REFUSAL OF CONTINUED BENEFITS. An individual may refuse continuation of benefits pending an appeal hearing.

010. ELIGIBILITY REVIEW . Eligibility is redetermined every six months. Eligibility may be redetermined in less than six months to coordinate review dates for more than one program. An application is required as part of the eligibility review and to establish a new eligibility period.

011. COMPUTATION OF TIME . In computing time prescribed or allowed by Title 468 of Nebraska Administrative Code (NAC) or by any applicable statute or regulation in which the method of computing time is not specifically provided, days will be computed by excluding the day of the act or event and including the last day of the period. If the last day of the period falls on a Saturday, Sunday, or state holiday, the period shall include the next working day.

History

Effective 2022-08-29

Chapter 2 Eligibility Requirements

Neb. Admin. Code tit. 468, ch. 2 Eligibility Requirements {#sec-468-nac-2 omnilex-key=us-ne-regs-official--title-468--468 NAC 2}

001. ELIGIBILITY REQUIREMENTS . The following elements of eligibility must be met:

(A) Application;

(B) United States citizenship or alien status;

(D) Social Security number;

(E) Relative responsibility;

(F) Age requirement for a dependent child;

(G) Resources;

(H) Income;

(I) Cooperation with the Child Support Enforcement;

(J) Cooperation with Employment First, including the development of a Self-Sufficiency Contract;

(K) Cooperation in obtaining third party medical payments; and

(L) Other related requirements listed in Section 13 of this Chapter.

001.01 TIME-LIMITED PROGRAM. For families who are subject to Employment First requirements, Aid to Dependent Children is a time-limited program.

002. APPLICATION . An application must be completed and submitted by an individual for himself or herself, by the applicant’s guardian or conservator, by an individual acting under a duly executed power of attorney, or by a specified relative applying on behalf of, or for, a child(ren).

002.01 INTERVIEW. An interview is required at initial application and at least once every 12 months following initial application. Individuals may request a face-to-face interview.

003. CITIZENSHIP AND ALIEN STATUS . In order to be eligible for Aid to Dependent Children, an individual’s status must be verified as one of the following:

(A) A citizen of the United States;

(B) Qualified aliens as defined in Section 431 of the Immigration and Nationality Act (INA):

(i) An alien who was admitted as a lawful permanent resident (LPR) and has resided in the United States for at least five calendar years from the date of entry or who has worked or can be credited with 40 qualifying quarters of work;

(ii) A refugee admitted to the United States under Section 207 of the Immigration and Nationality Act;

(iii) An asylee under Section 208 of the Immigration and Nationality Act;

(iv) Victims of a severe form of trafficking (Victims of Trafficking and Violence Protection Act of 2000);

(v) An alien whose deportation is withheld under Section 243(h) of the Immigration and Nationality Act;

(vi) An alien from Cuba or Haiti who was admitted under Section 501(e) of the Refugee Education Assistance Act of 1980;

(vii) A refugee who entered the United States before April 1, 1980, and was granted conditional entry;

(viii) An alien who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent or by a member of the spouse’s or parent’s family who is residing in the same household as the alien; but only after having resided in the United States for at least five calendar years from the date of entry or who has worked or can be credited with 40 qualifying quarters of work. A child of a battered alien meeting these requirements is also eligible.

(D) An Amerasian immigrant under Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations act of 1988, as amended;

(E) An alien with past or current military involvement defined as an alien veteran who is on active duty, other than active duty for training, with any of the United States Armed Forces units or who has been honorably discharged, not on account of alienage, and who has fulfilled minimum active-duty service requirements. Minimum active-duty is defined as 24 months or the period for which the person was called to active duty. The spouse or unmarried dependent child of an alien veteran as described in this paragraph is also eligible;

(F) An alien who is paroled into the United States under Section 212(d)(5) of the Immigration and Nationality Act but only after having resided in the United States for at least five calendar years from the date of entry or who has worked or can be credited with 40 qualifying quarters of work.

004. RESIDENCE . To be eligible for assistance, an individual must be a Nebraska resident. A resident is defined as an individual living in the state voluntarily with the intent of making Nebraska his or her home and begins with the month the individual moves into the state. Migrants and itinerant workers are considered residents of Nebraska if they are living in Nebraska and entered the state to seek employment or to fulfill a job commitment.

004.01 TEMPORARY ABSENCE. Eligibility of a resident may not be terminated because of that individual’s temporary absence from the state if the individual intends to return when the purpose of the absence has been accomplished, unless another state has determined that the individual is a resident there for assistance purposes.

004.02 LOSS OF STATE RESIDENCE. Eligibility for assistance ends if the unit leaves Nebraska with the intent of establishing its home in another state.

004.03 DISQUALIFICATION FOR MISREPRESENTING RESIDENCE. Any person convicted in federal or state court of having fraudulently misrepresented his or her residence in order to obtain Temporary Assistance for Needy Families in two or more states is ineligible for Temporary Assistance for Needy Families for ten years from the date of conviction. Only the individual convicted of the misrepresentation is ineligible; other members of the family or household may receive benefits.

005. REQUIREMENT OF A SOCIAL SECURITY NUMBER (SSN) . All members of the Aid to Dependent Children unit must furnish their Social Security Number. Individuals who are not included in the unit, but are financially responsible, must furnish their Social Security Number.

005.01 INDIVIDUALS WHO HAVE NOT BEEN ISSUED A SOCIAL SECURITY NUMBER. Individuals who have not been issued a Social Security Number must apply for a Social Security Number within 30 days of being notified of the requirement.

005.01(A) INDIVIDUALS WHO DO NOT PROVIDE A SOCIAL SECURITY NUMBER. When a financially responsible individual does not provide a Social Security Number, the entire Aid to Dependent Children case is closed. When a child’s Social Security Number is not provided, the child’s needs are removed from the Aid to Dependent Children unit.

006. REQUIRED LIVING ARRANGEMENT . To be eligible to receive Aid to Dependent Children, a dependent child must be living in the home of a specified relative, conservator, or guardian, unless removed from that home by judicial determination (see, Title 479).

006.01 DEFINITION OF A HOME. A home is defined as the family setting maintained or in the process of being established by the specified relative, guardian or conservator who is standing the place of the parent, as shown by the assumption and continued acceptance of responsibility for the child. Usually the dependent child shares the same household with the specified relative, guardian or conservator. A home exists, however, as long as the specified relative, guardian or conservator exercises responsibility for the care and control of the dependent child, even though circumstances may require the temporary absence of either from the customary family setting.

006.02 ABSENCE BECAUSE OF SCHOOLING. If school facilities which meet the needs of the particular child are not available in the community, the child’s absence from home for the purpose of attending school does not affect eligibility.

006.03 TEMPORARY ABSENCE FROM THE HOME. A child is still considered part of the household while he or she is out of the home for a visit not to exceed three months. A child is still considered part of the original household while he or she is on summer visitation.

006.04 TEMPORARY ABSENCE DUE TO EMERGENCY SITUATIONS. In emergency situations that deprive the child of a specified relative’s, guardian’s, or conservator’s care, temporary plans may be made to care for the child in the home of an individual or institution acting in the place of the specified relative, guardian, or conservator. The unit may continue to receive assistance for the period of the emergency or the time actually required to make new arrangements for care, but the assistance must not continue beyond 180 days unless the child is out of the home due to his or her hospitalization.

006.05 ABSENCE DUE TO INCARCERATION. If an Aid to Dependent Children unit no longer contains a specified relative, guardian, or conservator due to their incarceration, the Aid to Dependent Children case is closed for the next possible month. The incarcerated individual is ineligible to be included in the Aid to Dependent Children unit or be a payee for an Aid to Dependent Children unit.

007. UNIT SIZE . The Aid to Dependent Children unit size is based on the number of eligible family members or individuals and determines the appropriate standard of need and payment standard during the budgeting process.

007.01 STANDARD FILING UNIT. The parent does not have a choice of whom he or she wants to include in the grant unit. All parents and their dependent children, as well as all siblings who meet the definition of a dependent child, must be included in the grant unit except:

(A) An unborn child during the first two trimesters of the mother’s pregnancy;

(B) Recipients of Supplemental Security Income, State Disability Program, or Aid to the Aged, Blind, or Disabled;

(D) Undocumented aliens;

(E) An alleged father when the parents are unmarried and paternity has not been established;

(F) A parent and his or her child when unmarried parents are living together, have a child in common, and the household does not qualify for a grant as a single unit;

(G) Department wards, children of Department wards, and children who are receiving an adoption or guardianship subsidy; and

(H) Individuals serving an Intentional Program Violation Disqualification.

007.02 ELIGIBILITY OF A SPECIFIED RELATIVE, GUARDIAN OR CONSERVATOR, OTHER THAN A PARENT, TO BE INCLUDED IN THE UNIT. In household’s where a parent is not present, only one specified relative, guardian, or conservator may be included in the unit. Income of the spouse of a specified relative, guardian, or conservator must be included when determining eligibility for the unit.

007.03 INDIVIDUALS LIVING AS A FAMILY WITHOUT A PARENT. If a non-parent specified relative, guardian, or conservator requests assistance for more than one child in the household, all children for whom assistance is requested must be included in a single unit.

007.04 JOINT CUSTODY. In a household where both parents are not continuously present, but the non-custodial parent has sufficiently frequent contact with the child(ren) so that the normal parental roles of providing guidance, physical care, and maintenance have not been interrupted, both parents will be included in the Aid to Dependent Children unit.

007.05 MINOR’S PARENT RECEIVING AID TO DEPENDENT CHILDREN. If a minor parent is living with his or her parent who is receiving Aid to Dependent Children for another child, the minor parent must be in his or her parent’s unit. If assistance is received for the minor’s child, that child must also be in the minor’s parent’s unit.

007.06 MINOR PARENT LIVING WITH A NON-PARENT SPECIFIED RELATIVE, GUARDIAN, OR CONSERVATOR. If a minor parent is living with a non-parent specified relative, guardian, or conservator who is receiving Aid to Dependent Children for another child, the minor parent must be in the same unit. If assistance is received for the minor’s child, that child must also be included in the unit.

007.07 MINOR’S PARENT NOT RECEIVING CATEGORICAL ASSISTANCE. If a minor is living in his or her parent’s home and the parent is not receiving categorical assistance, the minor may apply for assistance for himself or herself and his or her child. Since the minor’s parent is considered responsible for the minor, income of the minor’s parent’s over 300 percent of the Federal Poverty Level for the household must be deemed to the minor parent and the child. For the purposes of determining the 300 percent Federal Poverty Level, the household includes the minor’s parent and any 18-year-old or younger siblings of the minor parent.

007.08 WARD. If a ward who is receiving a foster care payment is in the home of an Aid to Dependent Children unit, the ward is not included in the unit and his or her income is not included when determining eligibility for the unit.

007.08(A) CHILD OF A WARD. If a ward who is receiving a foster care payment has a child living with him or her in a foster home, group home, or child caring institution, the ward’s child may receive a separate foster care grant. The ward’s child is not eligible for a grant from Aid to Dependent Children funds. Neither the ward nor the ward’s child is included in the foster family’s Aid to Dependent Children unit.

007.09 ADOPTED CHILD. If a family has an adopted child for whom they are receiving an adoption subsidy administered by the Department, the child is not included in the Aid to Dependent Children unit and the subsidy is not included when determining eligibility for the unit.

007.10 ELIGIBLE DEPENDENT CHILD. In order to be eligible for Aid to Dependent Children, a dependent child must meet the applicable requirements as determined by their age:

(1) Unborn beginning with the first day of the mother’s third trimester through age 15;

(2) Age 16 or 17, registered and attending full-time a secondary school, college, or university or a course of vocational or technical training designed to fit him or her for gainful employment, including a participant in the Job Corps Program;

(3) Age 18 through the entire month of their 19th birthday, registered and attending full-time secondary school or in the equivalent level of vocational or technical training.

007.10(A) FULL-TIME STUDENT. A full-time student must have a school schedule that is equal to full-time curriculum for the school he or she is attending, as defined by the school district.

007.10(B) CONTINUED ENROLLMENT. Enrollment is considered continued through normal periods of class attendance, vacation, and recess unless the student graduates, drops out, is suspended or expelled, or does not intend to register for the next normal school term, excluding summer school.

007.11 SCHOOL ATTENDANCE REQUIREMENT. Minors age 15 or younger who have not graduated from high school and who are dependent children or parents in an Aid to Dependent Children unit are required to attend school. Aid to Dependent Children benefits will be reduced $50 for each dependent child or minor parent who, without good cause, has accumulated a number of unexcused absences from school sufficient to jeopardize the student’s academic progress, and the Aid to Dependent Children specified relative or guardian or conservator in the unit has not taken reasonable steps to encourage the child to improve his or her attendance. The $50 sanction is imposed only on a specified relative or guardian or conservator who is in the unit. If a 16-year-old child is removed from the unit, the grant is reduced by the amount of one individual, but the $50 sanction is no longer imposed.

007.11(A) GOOD CAUSE. Good cause exemptions from the unexcused absences include but are not limited to the following:

(i) The student is expelled from school and alternative public schooling is not available;

(ii) The minor has a child three months of age or younger;

(iii) No child care is available for the child of a minor;

(iv) Prohibitive transportation problems exist; or

(v) Chronic illness of the minor.

007.11(B) STEPS TO ENCOURAGE ATTENDANCE. Examples of reasonable steps taken by a specified relative, guardian, or conservator to encourage attendance include but are not limited to:

(1) Attending conferences with school officials;

(2) Cooperating with school officials;

(3) Providing a home environment conducive to school attendance;

(4) Ensuring enrollment;

(5) Assisting the child in such activities as meeting transportation, nutritional, and dress needs.

007.11(B)(i) VERIFICATION. Statements from the specified relative, guardian, or conservator are sufficient verification that the responsible adult is making reasonable efforts to encourage attendance.

007.11(C) LIFTING THE SANCTION. If the student demonstrates satisfactory attendance according to the school, the sanction may be lifted before any subsequent grading period. The benefit payments must be reinstated after a subsequent grading period in which the child has substantially improved his or her attendance.

008. RESOURCES . Resources may include real and personal property. The total equity value of available, non-exempt resources of the Aid to Dependent Children unit is determined and compared with the established maximum for available resources which the Aid to Dependent Children unit may own and still be considered eligible. If the total equity value of available, non-exempt resources exceeds the established maximum, the unit is ineligible for a grant. Equity value equals the fair market value, the price at which it could be sold, minus all encumbrances. Examples of encumbrances include mortgages, liens, taxes, and estimated selling expenses.

008.01 RESOURCE LIMIT. The resource limit is $4,000 for a single individual and $6,000 for two or more individuals. In order for a resource to be countable it must be considered available and not excluded. The equity value of the countable resource is used.

008.01(A) VERIFICATION OF RESOURCES. When the total amount of countable resources indicated by the unit is $1500 or more, verification must be provided.

008.02 AVAILABILITY OF A RESOURCE. A resource is considered available when an individual owns or has access to the resource.

008.03 UNAVAILABILITY OF A RESOURCE. Regardless of the terms of ownership, if the resource is unavailable to the individual in the Aid to Dependent Children unit, the value of that resource is not used in determining eligibility. An applicant or recipient must file in county court for the maximum elective share of a deceased spouse’s augmented estate as specified in Neb. Rev. Stat. sections 30-2313 and 30-2314.

008.04 EXCLUDED RESOURCES. The following are excluded resources:

(A) Real property which the unit owns and occupies as a home;

(B) Goods used in the home;

(D) One motor vehicle if it is used for employment or medical transportation;

(E) Certain trusts, including guardianships, set up for one or more of the children in the Aid to Dependent Children unit;

(F) The cash value of life insurance policies;

(G) Certain life estates in real property;

(H) Irrevocable burial trusts up to $3,000 per individual and the interest if irrevocable;

(I) Proceeds of an insurance policy that is irrevocably assigned for the purpose of burial of an individual in the Aid to Dependent Children unit;

(J) Burial spaces;

(K) Funds set aside by the Veterans Administration under the Veterans Education and Employment Assistance Act for the Future education expenses of a veteran;

(L) Payments from the Indian Claims Commission;

(M) Income received annually, semi-annually, or quarterly which is prorated on a monthly basis and included in Aid to Dependent Children eligibility determination. This is excluded over the period of time it is considered income;

(N) Stocks, inventories, and supplies used in self-employment;

(O) United States savings bonds are excluded for the initial six-month mandatory retention period;

(P) An unavailable job-related retirement account that is held by the employer;

(Q) The unspent portion of any Retirement, Survivors Disability Insurance or Supplemental Security Income retroactive payments are excluded for six months following the month of receipt;

(R) An Individual Development Account set up for postsecondary education, purchase of an individual’s first home, or establishment of a business; and

(S) Disregarded income.

008.05 RESOURCES OF AN INELIGIBLE OR SANCTIONED INDIVIDUAL. The resources of all unit members, sanctioned or undocumented alien parents, and sanctioned 16 or 17-year-olds, are used in determining eligibility. The ineligible or sanctioned individual is allowed Aid to Dependent Children resource exclusions. After resource exclusions, the remaining resource amount is counted in the resource total for the eligible unit members.

008.06 DETERMINATION OF OWNERSHIP OF RESOURCES. A resource which appears on record in the name of an individual must be considered belonging to that individual.

008.06(A) JOINTLY OWNED RESOURCES. When an individual in the unit has a jointly owned resource that is considered available, the following will apply:

008.06(A)(i) RESOURCES OWNED WITH OTHER INDIVIDUALS RECEIVING CATEGORICAL ASSISTANCE. If an individual in the unit owns a resource with another individual who is receiving categorical assistance, the value of the resource is divided by the number of owners, regardless of the terms of ownership. The appropriate value is counted for each unit.

008.06(A)(ii) RESOURCES OWNED WITH OTHER INDIVIDUALS NOT RECEIVING CATEGORICAL ASSISTANCE. If an individual in the unit owns a resource with an individual who is not receiving categorical assistance, the appropriate value is determined in accordance with the following regulations:

008.06(A)(ii)(1) JOINT TENANCY. As a general rule, the words “and/or” or “or” appearing on a title or other legal contract denote joint tenancy. This means that either owner could sign and turn the resource to cash without the other; therefore, the total resource is considered available to either owner.

008.06(A)(ii)(2) TENANCY IN COMMON. The term “and” generally refers to tenancy in common in which each owner holds an undivided interest in the resource without rights of survivorship to the other owner(s). Only the proportionate share based on the number of owners of the resource is available to each owner.

008.07 CONSIDERATION OF FINANCIAL RESPONSIBILITY. When an individual has financial responsibility for an individual in another assistance unit and the responsible individual owns the resource(s), the value of the resource(s) is divided by the number of assistance units to determine the amount to be counted in each. An Assistance to the Aged, Blind, or Disabled or State Disability Program couple is considered one unit.

008.08 TYPES OF RESOURCES. Resources can be divided into two categories: liquid and non-liquid.

008.08(A) LIQUID RESOURCES. Liquid resources are assets that are in cash or financial instruments which are convertible to cash.

008.08(B) NON-LIQUID RESOURCES. Non-liquid resources are tangible properties which need to be sold if they are to be used for the maintenance of an individual.

009. INCOME . Income is considered when determining eligibility for Aid to Dependent Children.

009.01 EARNED INCOME. Earned income is money received from wages, tips, salary, commissions, profits from activities in which an individual is engaged as a self-employed person or as an employee. It also includes earnings over a period of time for which settlement is made at one given time, as in the instance of farm crops or poultry. Earnings so received are prorated for the same number of ensuing months as was included in the earning period. Reimbursement for employment-related expenses such as mileage, lodging, or meals is not considered earned income.

009.01(A) EARNED INCOME DISREGARDS. The following disregards are considered when determining eligibility for Aid to Dependent Children:

009.01(A)(i) SELF-EMPLOYMENT DISREGARD. Self-employment income is allowed disregards to gross income before application of the disregards applied during the Aid to Dependent Children payment calculating process.

009.01(A)(i)(1) STANDARD DISREGARD FOR SELF-EMPLOYMENT. For individuals in the Aid to Dependent Children unit who incur expenses related to producing goods or services but provide no tax return to document such expenses, the Department applies a standard disregard of 49% to the gross income and does not calculate actual expenses.

009.01(A)(i)(2) ITEMIZED DISREGARDS FOR SELF-EMPLOYMENT. For individuals in the Aid to Dependent Children unit who incur operating expenses related to producing goods or services which are itemized on their tax return, the actual allowable operating expenses are deducted from gross income.

009.01(A)(ii) CHILD CARE DISREGARD. If an individual in the Aid to Dependent Children unit requires child care in order to participate in education, training or employment, a referral for Child Care Subsidy payment of child care is made. If the individual or the child care arrangements do not qualify for Child Care Subsidy payment or the individual chooses not to receive child care through Child Care Subsidy, the actual cost of child care is disregarded from earned income up to the maximum allowed.

009.01(B) EARNED INCOME CREDIT (EIC). Some low income wage earners are eligible for a tax credit which may be paid in one of two forms:

(i) Advanced Earned Income Credit (AEIC) – a periodic credit paid with the employee’s wages; or

(ii) Earned Income Credit (EIC) – an amount claimed as a credit when filing a federal income tax return.

009.01(C) CONTRACTUAL INCOME. Income paid on a contractual basis will be prorated over the number of months covered under the contract, even if the individual is paid in fewer months than the contract covers.

009.02 UNEARNED INCOME. Unearned income is any cash benefit that is not the direct result of labor or services performed by the individual as an employee or a self-employed person. If an individual in the Aid to Dependent Children unit receives a benefit for an individual who is not in the unit and does not give the benefit to the individual, it is counted as income to the individual in the Aid to Dependent Children unit.

009.02(A) CHILD, SPOUSAL, AND CASH MEDICAL SUPPORT. Child, spousal, and cash medical support are considered unearned income only in the following circumstances:

(1) Initial eligibility and payment are being determined. Any support paid by the Nebraska Child Support Payment Center or received directly by the client before the approval date is considered;

(2) An excess disbursement of support; and

(3) Distributed arrearages collected for months where the custodial parent was not an Aid to Dependent Children recipient.

009.02(A)(i) CHILD SUPPORT PAID FOR A MINOR PARENT. If a noncustodial parent pays support for his or her child and that child is a minor parent who is receiving assistance, child support is treated as follows. If the parent of the minor is not receiving assistance and:

(1) Gives the child support to the minor parent, the child support is treated as unearned income in the minor’s grant; or

(2) Does not give the child support to the minor parent, the child support:

(a) Is included in the deeming process if the minor is living with his or her parent; or

(b) Is not counted in the budget of the minor parent if he or she is living independently.

009.02(B) CONTRIBUTIONS. Some monetary contributions to the household are considered as unearned income available to meet the family’s basic needs.

009.02(B)(i) FROM AN INDIVIDUAL NOT IN THE HOUSEHOLD. If an individual who is not living in the household gives money to the unit, the income must be counted in the budget. The following are not considered contributions:

(1) Direct vendor payments for shelter;

(2) Energy assistance;

(3) Emergency assistance;

(4) General Assistance;

(5) Crisis assistance from a community agency, service agency, or an individual; or

(6) Any other payments to a third party made on behalf of the household unit.

009.02(B)(ii) FROM AN INDIVIDUAL IN THE HOUSEHOLD. The standard of need is not reduced when a self-supporting individual and an individual in the Aid to Dependent Children unit are living in the same household; however, money received by an individual in the Aid to Dependent Children unit in exchange for room and board is considered income.

009.02(C) SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS. Supplemental Security Income benefits are considered unearned income but the Supplemental Security Income payment is not used when determining eligibility for the Aid to Dependent Children unit.

009.03 LUMP SUM BENEFITS. Lump sums are not considered income. Any unspent remainder is considered a resource in the month following the month of receipt or report. If an individual in the unit receives several checks from the same source in one month, the amounts are totaled and considered a lump sum. When a unit receives a lump sum in the month of application, the lump sum is counted in the first month possible.

009.03(A) EXCEPTION. The unspent portion of a Retirement, Survivors, and Disability Insurance or Supplemental Security Income retroactive payment is excluded for six months following the month of receipt.

009.04 REQUIREMENT TO APPLY FOR POTENTIAL INCOME BENEFITS. Potential income is defined as income based on entitlement or need which is usually determined by an administering agency as a result of an application for benefits by the individual. A recipient, other than a child who is a full-time student, is required to apply for and accept benefits within 60 days after being notified of their possible eligibility and provide verification of such. If the individual fails or refuses to make application within 60 days after notification or refuses to accept benefits for which he or she has been determined eligible, ongoing eligibility for Aid to Dependent Children cannot be determined and the case will be closed.

009.04(A) VETERAN’S BENEFITS. Recipients who are veterans, their spouses, and the widows of veterans may be eligible for Aid and Attendance services. This service may be available and is to be explored if the individual is in a nursing home, residing in his or her own home, in an Adult Foster Home, or other alternate arrangement when the individual requires aid with daily living activities.

009.05 INTERCEPTED, WITHHELD, OR GARNISHED INCOME. Procedures have been set up to withhold unemployment compensation benefits payable to an absent parent when he or she has a debt to the State. If income, earned or unearned, is being garnished, the garnishment is not deducted from income to determine eligibility. If unearned income is being reduced because of a previous overpayment, the amount of the benefit before the deduction of the overpayment is considered as income.

009.05(A) EXCEPTION. The amount after deduction of the overpayment is used if the recipient received both Aid to Dependent Children and the other benefit at any time during which the overpayment occurred and the overpaid amount was included in the Aid to Dependent Children budget.

009.06 INCOME OF AN INELIGIBLE OR SANCTIONED INDIVIDUAL. The income of sanctioned or undocumented alien parents and sanctioned 16 or 17-year-olds is used in determining eligibility for Aid to Dependent Children.

009.07 SELF-EMPLOYMENT TERMINATION. When an individual engages in different types of self-employment, it is not considered a termination of income if the individual stops one type of work.

009.08 INCOME AS IT APPLIES TO RESOURCES. Income received by an individual during any one month for maintenance costs must not be considered a resource for that month. Any income not spent for maintenance is considered a resource in the subsequent month.

009.09 EXCLUDED INCOME. The following are excluded forms of income:

(A) Earnings of a child age 18 or younger and in school;

(B) Indian Land Lease;

(C) Department of Housing and Urban Development (HUD) rental and utility subsidies under Section 8 of the Housing Act, including lump sums or monthly payments;

(D) $10 a month per individual for each of the following income types:

(i) Declared cash winnings;

(ii) Interest and dividends (may be prorated on a monthly basis);

(iii) A gift that marks a special occasion;

(iv) Small insignificant children’s cash allowances;

(v) Income from securities and investments; and

(vi) Interest on Series H savings bonds and other bonds which pay dividends or interest.

(E) Home produce from garden, livestock, and poultry used by the household for their own consumption;

(F) Income received from foster care payments;

(G) Payments from Title I Workforce Innovation and Opportunity Act (WIOA) for classroom training;

(H) Earnings for a student received from the employer or compensation in lieu of wages under a Title I Workforce Innovation and Opportunity Act program;

(I) Title I Workforce Innovation and Opportunity Act program allowance paid to the individual or vendor payments made to the provider for supportive services such as transportation, meals, special tools, and clothing. This includes temporary Welfare-to Work payments and work experience payments made through Workforce Development;

(J) Any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

(K) Any student financial assistance;

(L) A bona fide loan from any source;

(M) Payments to an individual participating in training or school attendance subsidized by the Division of Vocational Rehabilitation;

(N) Supplemental Nutrition Assistance Program (SNAP);

(O) The value of federally donated foods;

(P) Indian judgment funds distributed as per capita payments to members of Indian tribes or held in trust by the Secretary of the Interior, interest and investment income accrued on Indian judgment funds while held in trust, and purchases made with the funds;

(Q) Payments from the Nutrition Program for the Elderly (NPE);

(R) Payments for services or reimbursement of expenses to volunteers serving as foster grandparents, senior health aides, or senior companions, Service Corps of Retired Executives (SCORE), Active Corps of Executives (ACE) and any other programs under Title II and III (Public Law 93-113);

(S) Federal and state income tax refunds;

(T) Payments to AmeriCorps volunteers;

(U) For the first six months, the unspent portion of retroactive Retirement, Survivors Disability Insurance (RSDI) benefits (counted as a resource after six months);

(V) Energy payments;

(W) The value of assistance from a Child Nutrition Act or National School Lunch Program;

(X) Earned Income Tax Credit (EIC);

(Y) Advanced Earned Income Credit (AEIC);

(Z) Income from Experience Works Senior Community Service employment and any other income received under Title V of the Older Americans Act;

(AA) Agent Orange settlement payments;

(BB) Payments made under the Radiation Exposure Compensation Act;

(CC) In-kind income received by Job Corps participants for food and shelter;

(DD) Benefits under Public Law 104-204 for children of Vietnam veterans who were born with spina bifida;

(EE) Payments made from any fund established as a result of the case of Susan Walker v. Bayer Corporation, et. al to hemophilia patients who are infected with human immunodeficiency virus;

(FF) Payments to individuals due to their status as victims of Nazi persecution;

(GG) Assistance received under a federal statute because of catastrophe declared to be a major disaster by the President of the United States and any interest earned on the assistance is excluded for nine months from the date of receipt. The initial nine-month period will be extended for a reasonable period up to an additional nine months when circumstances beyond the individual’s control prevent the individual from having the necessary repairs or replacement of damaged property completed;

(HH) Short-term disability payments verified as being applied to medical bills;

(II) Health insurance payments verified as being paid directly to recipient for the reimbursement to a vendor; and

(JJ) Third Party Medical Payments paid directly to the individual that is refunded to the provider or the Department as reimbursement for a specified service.

009.10 INCOME OF SPONSORS OF ALIENS. One-hundred percent of the income and resources of a sponsor, and sponsor’s spouse if they are living together, is considered when determining the eligibility of an alien who applies for Aid to Dependent Children if the sponsor has signed an affidavit of support under Section 213A of the Immigration and Nationality Act. The sponsor’s income and resources will be considered available to the alien until the alien:

(1) Becomes a United States citizen;

(2) Has worked 40 qualifying quarters of coverage as defined under Title II of the Social Security Act as required by Section 435 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), codified at 21 United States Code (U.S.C.) §1645, and the alien did not receive any federal means tested public benefit during that time period.

009.10(A) DEFINITION OF A SPONSOR. A sponsor is an individual who:

(i) Is a citizen or national of the United States or an alien who is lawfully admitted to the United States for permanent residence;

(ii) Is 18 years of age or older;

(iii) Lives in any of the 50 states or the District of Columbia; and

(iv) Is the person petitioning for the admission of the alien under Section 204 of the Immigration and Nationality Act.

009.10(B) ALIEN DUTIES. As an eligibility requirement, the alien is responsible for:

(i) Providing income and resource information from the sponsor; and

(ii) Obtaining the necessary cooperation from the sponsor.

009.10(C) SPONSOR OF MORE THAN ONE ALIEN. When an individual is a sponsor of two or more aliens who are living in the same home, the amount of income and sources of the sponsor, and sponsor’s spouse if living with the sponsor, is divided equally among the aliens. When an individual sponsors several aliens but not all apply for Aid to Dependent Children, the sponsor’s total income and resources are applied to the needs of the aliens who apply for assistance.

009.10(D) EXCEPTION TO COUNTING SPONSOR’S INCOME. If a sponsored immigrant demonstrates that he or she or his or her child(ren) have been battered or subjected to extreme cruelty by a spouse or a parent or by a member of the spouse or parent’s family who is residing in the same household as the alien, counting the sponsor’s income may be waived if a judge, an administrative law judge, or Citizenship and Immigration Services recognize the battery or cruelty.

009.10(E) INDIGENT IMMIGRANTS. If an immigrant is unable to obtain food and shelter, taking into account the immigrant’s own income plus any cash, food, housing, or other assistance provided by other individuals including the sponsor(s), the amount counted must be the amount actually provided to the immigrant by the sponsor. If the immigrant is determined indigent, the amount which must be counted will be the amount actually provided to the immigrant by his or her sponsor(s) for a period beginning with the date of determination and ending 12 months after the determination date. Each instance of indigence is renewable for an additional 12-month period.

009.10(E)(i) REPORTING INDIGENT IMMIGRANTS. When an immigrant is determined indigent, the United States Attorney General is notified of each determination, including the names of the sponsor and sponsored immigrant.

010. DEVELOPMENT OF A SELF-SUFFICIENCY CONTRACT . As a condition of eligibility for an Aid to Dependent Children payment, an applicant determined to be subject to Employment First participation must complete his or her Employment First Self-Sufficiency Contract before the unit can be determined eligible to receive Aid to Dependent Children cash assistance. If an applicant does not cooperate in developing and completing an Employment First Self-Sufficiency Contract, the unit is ineligible for Aid to Dependent Children cash assistance.

011. COOPERATION WITH CHILD SUPPORT ENFORCEMENT UNIT . Aid to Dependent Children recipients must cooperate with Child Support Enforcement unless the recipient shows good cause for failing or refusing to do so. See Title 466 of Nebraska Administrative Code.

011.01 SANCTION FOR REFUSAL TO COOPERATE. Aid to Dependent Children recipient parents who fail to cooperate with Child Support Enforcement will have their Aid to Dependent Children grant reduced by 25 percent. If the recipient subsequently cooperates, the 25 percent reduction is ended and the grant is increased effective the first day of the month during which cooperation is restored. If a guardian, conservator or specified relative, other than a parent, is included in the unit and they fail to cooperate, their needs are removed from the Aid to Dependent Children unit.

012. COOPERATION IN OBTAINING THIRD PARTY MEDICAL PAYMENTS . Aid to Dependent Children recipients must cooperate in securing any third party medical payments unless he or she has good cause for noncooperation. See Title 471 of Nebraska Administrative Code.

012.01 SANCTION FOR REFUSAL TO COOPERATE IN OBTAINING THIRD PARTY MEDICAL PAYMENTS. Aid to Dependent Children recipients who fail or refuse to provide information about or obtain third party medical payments are ineligible for inclusion in the grant unit. Eligibility of the dependent child(ren) is not affected. Ineligibility continues for the recipient until he or she cooperates or cooperation is no longer an issue, and the grant is increased effective the first day of the month during which cooperation is restored.

013. OTHER RELATED ELIGIBILITY REQUIREMENTS . Other eligibility requirements are described in this section.

013.01 RECEIPT OF OTHER ASSISTANCE. An individual whose needs are included in the Aid to Dependent Children unit must not at the same time receive, or be eligible to receive, another type of categorical assistance administered by the Department. This does not preclude the recipient of another type of categorical assistance from being the payee for an Aid to Dependent Children payment made on behalf of any child(ren) in that individual’s care.

013.01(A) SUPPLEMENTAL SECURITY INCOME AND AID TO DEPENDENT CHILDREN. An individual in the Supplemental Security Income Program is not included in the Aid to Dependent Children unit. If a child is eligible to receive both Aid to Dependent Children and Supplemental Security Income, the payee or responsible caretaker of the child must select one of the programs. The payee or responsible caretaker must be informed of the benefits available under each program so the choice of a program can be made in the best interest of the child.

013.02 INELIGIBILITY OF FLEEING FELON. An individual is ineligible for Aid to Dependent Children during any period in which the individual is:

(A) Fleeing to avoid prosecution or custody or confinement after conviction for a crime or attempt to commit a crime that is a felony under the law of the place from which the individual is fleeing; or

(B) Violating a condition of federal or state probation or parole.

013.03 INELIGIBILITY FOR DRUG RELATED FELONIES. An individual who commits any offense after August 22, 1996, which is classified as a felony and which has as an element the possession, use, or distribution of a controlled substance and is convicted under federal or state law after August 22, 1996, is permanently ineligible for Aid to Dependent Children cash assistance. Other family members may continue to receive benefits. If the ineligible individual is a parent, his or her income is used in determining eligibility for the remaining family members.

013.04 RECEIPT OF OTHER PROGRAM ASSISTANCE FROM ANOTHER ENTITY. An individual is ineligible to receive an Aid to Dependent Children or Temporary Assistance to Needy Families grant in the same month from two entities.

014. WAIVER OF AID TO DEPENDENT CHILDREN CASH ASSISTANCE . An Aid to Dependent Children recipient subject to Employment First participation requirements who requests to have their case closed, must submit the request in writing.

014.01 RE-ESTABLISHING ELIGIBILITY. In order to re-establish eligibility after waiving cash assistance, an applicant must:

(A) Qualify for an exemption from Employment First participation requirements; or

(B) Participate in an Employment First component activity included in his or her Self-Sufficiency Contract or in another activity mutually agreed upon for a minimum of five consecutive work days in order to demonstrate his or her willingness to participate. The individual may receive supportive services while engaging in the required activity.

015. TRANSITIONAL GRANT . An Aid to Dependent Children unit may receive up to five transitional grants, each grant being equal to 1/5 of the Aid to Dependent Children payment standard for the unit’s size at the time the unit becomes ineligible for an Aid to Dependent Children grant payment if:

(A) The unit lost eligibility for a grant because of increased earnings or increased hours of employment of the specified relative, guardian, or conservator;

(B) The unit meets the requirements to qualify for Transitional Medical Assistance;

(C) The unit must have lost eligibility for an Aid to Dependent Children grant in the month immediately preceding the first month of eligibility for the transitional grant. A month in which the unit was eligible but did not receive a grant due to the minimum payment provision does not qualify as a month of grant; the unit must have actually received an Aid to Dependent Children grant from Nebraska for the month immediately preceding ineligibility in order to receive transitional grants.

015.01 CONTINUING TRANSITIONAL GRANT. In order to continue to receive transitional grants for the full five-month period, the unit must meet the following requirements:

(A) The unit’s earned income cannot exceed 185 percent of the federal poverty level for the unit size;

(B) The specified relative, guardian, or conservator must be employed;

(D) The unit continues to include a dependent child;

(E) The unit must remain ineligible to receive an Aid to Dependent Children grant.

History

Effective 2022-08-29

Chapter 3 Calculation of Aid to Dependent Children Benefits

Neb. Admin. Code tit. 468, ch. 3 Calculation of Aid to Dependent Children Benefits {#sec-468-nac-3 omnilex-key=us-ne-regs-official--title-468--468 NAC 3}

001. CALCULATION OF AID TO DEPENDENT CHILDREN BENEFITS . Aid to Dependent Children budgeting measures the unit’s income for maintenance against the appropriate need and payment standards. The standard of need and payment standard are based on the number of eligible individuals in the unit. The Department determines eligibility and payment amount as follows:

(A) Eligibility at initial application or when adding a financially responsible individual to an existing Aid to Dependent Children unit consists of the following budgeting steps:

(i) Calculate total gross earned income;

(ii) Subtract 20 percent of total gross earned income;

(iii) Subtract child care expense paid out of pocket;

(iv) The result after step iii is the net, or countable, earned income;

(v) Compare the net earned income to the appropriate standard of need for the unit size;

(vi) If the net earned income is less than the appropriate standard of need, proceed to #B to calculate payment amount. If the net earned income is greater than or equal to the standard of need, deny the application unless adding a financially responsible individual to an existing Aid to Dependent Children unit.

(B) Ongoing eligibility determination consists of the following budgeting steps:

(i) Calculate total gross earned income;

(ii) Subtract 50 percent of total gross earned income;

(iii) Subtract child care expense paid out of pocket;

(iv) The result of step iii is the net, or countable, earned income;

(v) Subtract the net earned income from the appropriate standard of need for the unit size;

(vi) Compare the result of step v to the appropriate payment standard for the unit size and show the lower amount.

002. CALCULATING EARNED INCOME . Aid to Dependent Children eligibility is determined prospectively using past verified income.

002.01 PAST 30 DAYS AS AN INDICATOR. Thirty days of income is used as an indicator to project income for future months unless changes have occurred or are anticipated.

002.01(A) PAST 30 DAYS NOT REPRESENTATIVE. When the past 30 days are not representative of future income, the income is based on the verified employer best estimate. This criteria would apply when the income is from a new source, the pay rate has increased or decreased, or the number of hours has increased or decreased.

002.01(B) USING MORE THAN 30 DAYS. If income fluctuates to the extent that the past 30 days does not provide a reasonable basis to anticipate future income, eligibility may be determined using up to three months of income for the most recent consecutive months, which captures the fluctuation, to project the household’s monthly income.

002.02 PROJECTING EARNED INCOME. The unit’s prospective eligibility is determined from the individual’s anticipated income and circumstances using the individual’s declaration and any available verification. When an individual reports beginning employment, verification is provided by the individual or obtained by the Department. Verification of earned income consists of the date the employment began, anticipated hours worked, rate of pay, pay periods, and when the first paycheck will be received.

002.02(A) PROJECTING INCOME FOR RECIPIENTS. If employment verification cannot be obtained from the recipient or the employer, one month’s budget must be computed based on employment information provided by the recipient. If the first month’s budget is based on the recipient’s statement of income, verification of the employment must be obtained before the second month’s budget can be computed. If verification is not received, the case will be closed.

002.02(A)(i) INCOME CALCULATION METHODS. An estimation of income based on information available is used when projecting income. Weekly and bi-weekly income are converted to a monthly figure. There is no conversion for semi-monthly or monthly income.

003. BUDGET CALCULATION WITH CHILD, SPOUSAL, AND CASH MEDICAL SUPPORT . Any child, spousal, and cash medical support, including arrears, (see Title 466) paid to the Nebraska Child Support Payment Center or paid directly to the applicant by the noncustodial parent before the approval date is considered in determining eligibility. The total amount of child, spousal, and cash medical support is considered.

003.01 COMPARISON TO AID TO DEPENDENT CHILDREN PAYMENT AMOUNT. If the average monthly child, spousal, or cash medical support collection exceeds the unit’s Aid to Dependent Children payment amount, the Aid to Dependent Children case will be closed.

003.02 COUNTING AS UNEARNED INCOME. Child support, for months where the unit did not receive an Aid to Dependent Children grant, which is distributed to the custodial parent is counted as unearned income in the Aid to Dependent Children budget. A three-month average of the amount distributed is used to determine the amount of unearned income.

003.03 OVERPAYMENT DUE TO CHILD SUPPORT. If the applicant receives child or spousal support before the Aid to Dependent Children approval date but it has not been budgeted, there is an Aid to Dependent Children overpayment. If the recipient receives child or spousal support after the approval date, the support is not counted in the budget because it is assigned. Support received and retained by the recipient after the approval of Aid to Dependent Children constitutes a Child Support Enforcement overpayment.

004. PRORATED PAYMENT . When an application for Aid to Dependent Children is approved, the first month’s payment begins with the application date. A standard 30-day month is used in determining prorated payment amounts.

004.01 INDIVIDUAL ADDED TO A UNIT. When an individual is added to a unit that is already receiving a grant, the payment of the new individual begins with the date the addition to the unit was requested if all eligibility factors are met.

004.02 INDIVIDUAL REMOVED FROM THE UNIT. When an individual leaves a unit, he or she is not considered prospectively in determining the unit size. If there is not time to recalculate and give timely notice, the individual is removed the next possible month.

004.03 INDIVIDUAL MOVING FROM ANOTHER STATE. An applicant may have received Temporary Assistance for Needy Families from another state in the same month he or she applies in Nebraska. If the applicant received a grant for a partial month from a state that divides monthly issuance into two or more grants, the grant from the other state is considered income in determining the first month’s eligibility. Payment begins with the first day of the month of application if all eligibility factors are met.

005. ROUNDED DOWN PAYMENT . When a grant is not a whole dollar figure, it is rounded down to the next lower whole dollar amount. A case that would be eligible for a grant of less than $1 is still considered a grant case.

006. MINIMUM PAYMENT . An Aid to Dependent Children cash payment is not issued if the amount would be less than $10 before any adjustment is made. A unit that is denied an Aid to Dependent Children cash payment solely because of the $10 minimum payment is still considered a grant case. The unit is not subject to Employment First requirements and is non-time limited. The adult(s) or minor parent head-of-household included in the unit may choose to volunteer to participate in Employment First. An Aid to Dependent Children cash payment is issued if an individual is added to an existing unit and the combined unit is eligible for a payment of $10 or more.

007. INTENTIONAL PROGRAM VIOLATION (IPV) . Effective January 1, 2004, an individual who is found to have committed an intentional program violation is disqualified.

007.01 DISQUALIFICATION HEARING. A disqualification hearing will be initiated by the Department whenever sufficient documentary evidence has been established to substantiate that a unit member has committed one or more acts of intentional program violation.

007.01(A) DETERMINING THE NEED FOR A DISQUALIFICATION HEARING. The following guidelines are used in determining the need for a disqualification hearing:

(i) A disqualification hearing must be initiated regardless of the current eligibility status of the individual;

(ii) The burden of proving intentional program violation is on the Department; and

(iii) A disqualification hearing will not be initiated against an accused individual whose case is currently being referred for prosecution or after any action taken against the accused individual by a court, if the factual issues of the case arise out of the same, or related, circumstances.

007.02 PENALTY. A period of disqualification is imposed when an individual is found to have committed an intentional program violation. The disqualification applies only to the individual found to have committed the intentional program violation. The period of disqualification may be determined by the Department Director after a hearing, or without a hearing if the individual waives his or her right to a hearing, or by a court. The period of disqualification is:

(A) For a first violation, up to one year;

(B) For a second violation, up to two years; and

008. PAYMENTS . Aid to Dependent Children payments are made from either federal or state funds.

008.01 FEDERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILY PAYMENT RESTRICTIONS. Pursuant to Section 4004 of Public Law 112-96, 42 U.S.C. §608(a), it is a violation of federal law to access Temporary Assistance for Needy Families funds from an automated teller machine (ATM) located at or via a point-of-sale purchase at the following types of businesses:

(A) Liquor stores;

(B) Casinos, gambling casinos or gaming establishments; or

(C) Any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

008.02 SUPPLEMENTAL PAYMENTS. Supplemental payments are issued in the following circumstances:

(A) Late payments authorized after the regular monthly issuance;

(B) Payments issued because of the addition of another individual to the unit; and

008.03 RELATIVE-PAYEE. A unit which does not consist of a financially responsible individual may have a specified relative, guardian, or conservator with whom the child lives serve as a payee for the Aid to Dependent Children payment. The specified relative, guardian, or conservator must not be a person who has been declared incompetent through court action. If the specified relative has a legally appointed guardian or conservator, the guardian or conservator may be the payee.

008.04 PROTECTIVE PAYMENTS. A protective payee is assigned temporarily when the Department has documented that the assistance is being mismanaged and is not being used in the best interests of the child. The protective payee must be an interested third party who is concerned with the welfare of the child and family. The recipient must be given the opportunity to appeal the initial decision or continuance of protective payments and the choice of the protective payee.

008.05 ERRONEOUS PAYMENTS. The following regulations apply to incorrect payments identified after October 31, 1981. In cases which have both an underpayment and an overpayment, one may be offset against the other when corrected.

008.05(A) UNDERPAYMENTS. All underpayments must be corrected. In no case may one month’s corrected payment exceed the maximum payment which can be made for any one month. If the unit is already receiving the maximum payment, the underpayment may be corrected with a retroactive payment. Retroactive payments are not considered income or a resource in the month paid or in the following month. If underpayments have not been corrected when a case is closed, corrective payments must be made if the payee is eligible for assistance at a later date.

008.05(B) OVERPAYMENTS. All reasonable steps necessary must be taken to promptly correct all overpayments regardless of cause. There are two types of overpayments:

(1) Errors caused by the Department’s inaccurate computation or failure to take action;

(2) Errors caused because an applicant or recipient provides inaccurate or incomplete information or fails to provide information resulting in an overpayment.

008.05(B)(i) CORRECTING OVERPAYMENT DUE TO UNREPORTED EARNED INCOME. In situations where an overpayment is identified due to unreported earned income, earned income disregards are not allowed in the recomputed Aid to Dependent Children budget. Disregards are allowed beginning with the month following the month of discovery or report.

008.05(B)(ii) OVERPAYMENT RECOVERY. All overpayments, regardless of cause, must be recouped if there is an active Aid to Dependent Children grant case or a recovery must be attempted from a closed grant case, if the outstanding overpayment amount is $35 or more. After an overpayment has been computed, a demand letter is sent to the unit explaining the option of reimbursing all or part of the overpayment or having future assistance reduced. If part of the overpayment is reimbursed, the remainder must be recouped by grant reduction. The unit is provided 10 days to respond to the demand letter. If the unit does not respond within 10 days or if the unit chooses to reimburse but fails to do so, future assistance is reduced the first month possible.

008.05(B)(ii)(1) RECOUPMENT CALCULATION. The following calculations are used to determine the amount of the allowable grant reduction for one month:

(a) An overpayment determined to be due to Department, applicant or recipient error, results in the Aid to Dependent Children grant being reduced by 10 percent of the unit’s payment amount;

(b) An overpayment determined to be due to an intentional program violation or due to fraud as determined by a court of law results in the Aid to Dependent Children grant being reduced by 20 percent of the unit’s payment amount.

008.05(B)(iii) TREATMENT OF CHILD OR SPOUSAL SUPPORT IN DETERMINING OVERPAYMENTS. When an individual receives a grant for which he or she is ineligible, the collected child or spousal support for the month(s) of overpayment will be used to offset the grant overpayment.

008.05(B)(iv) RETROACTIVE SUPPLEMENTAL SECURITY INCOME PAYMENT. The first month of ineligibility for Aid to Dependent Children for an individual with continuing Supplemental Security Income entitlement is the month he or she receives a Supplemental Security Income retroactive payment unless that payment has been reduced by the amount of Aid to Dependent Children paid for that month. Since ineligibility for Aid to Dependent Children does not begin before receipt of a Supplemental Security Income payment, Aid to Dependent Children payments issued before the receipt of Supplemental Security Income payments do not constitute overpayments.

008.05(B)(v) ZERO GRANT. If the Aid to Dependent Children grant is reduced to zero, it is still considered to be a grant case. In cases where child support is assigned, the payment must not be reduced below $10 to prevent termination of the assignment.

History

Effective 2022-08-29

Chapter 4 Employment First Self-Sufficiency Program (ef)

Neb. Admin. Code tit. 468, ch. 4 Employment First Self-Sufficiency Program (ef) {#sec-468-nac-4 omnilex-key=us-ne-regs-official--title-468--468 NAC 4}

001. PURPOSE . The primary purpose of Employment First is to provide temporary, transitional support for Nebraska families so that economic self-sufficiency is attained in as expeditious a manner as possible through the provision of training, education and employment preparation.

002. MANDATORY PARTICIPATION . All individuals who are defined as a work-eligible individual are required to participate in the Employment First program.

002.01 WORK-ELIGIBLE INDIVIDUAL. The following are included in the definition of a work-eligible individual:

(A) An adult receiving Aid to Dependent Children cash assistance;

(B) A minor parent who is the head-of-household receiving Aid to Dependent Children cash assistance;

(C) A non-recipient parent living with his or her child(ren) who is receiving Aid to Dependent Children cash assistance and whose needs are not included in the Aid to Dependent Children budget with a reason of:

(i) Convicted drug felon;

(ii) Third Party Medical sanction;

(iii) Intentional Program Violation sanction;

(iv) Fleeing felon;

(v) Social Security Number sanction; or

(vi) Misrepresenting Residence sanction.

(D) A dependent child age 16, 17, or 18 who quits school or reduces hours under full-time status according to the educational institution’s standards. This dependent child remains a work-eligible individual even if he or she returns to school.

002.02 EXCLUDED FROM THE DEFINITION OF A WORK-ELIGIBLE INDIVIDUAL. The following are excluded from the definition of a work-eligible individual:

(A) A minor parent who is not head-of-household;

(B) A non-recipient parent living with his or her child(ren) who is receiving Aid to Dependent Children cash assistance when the parent is a non-citizen and ineligible to receive Aid to Dependent Children cash assistance due to his or her immigration status;

(C) A parent providing care for a disabled family member living in the home who does not attend school on a full-time basis;

(D) An individual in a family receiving assistance under an approved Tribal Temporary Assistance for Needy Families program;

(E) A non-recipient parent living with his or her child(ren) who is receiving Aid to Dependent Children cash assistance when the parent is receiving Supplemental Security Income or Social Security Disability Insurance; or

(F) A dependent child age 16, 17, or 18 who is a full-time student and regularly attending an elementary or secondary school according to the educational institution’s standards, or a dependent child age 16 or 17 who is a full-time student and regularly attending college. If the child is enrolled full-time for the next school term, the child's attendance in the first month of the school term must be verified.

002.03 MINIMUM HOURS OF PARTICIPATION. Only actual hours of participation can count towards the minimum number of hours of participation required in approved Employment First component activities.

002.03(A) SINGLE-PARENT AND NEEDY CARETAKER FAMILIES. An individual is required to participate a minimum of 30 hours per week in approved Employment First component activities. An individual counts as engaged in the minimum number of hours required for a month if he or she participates in approved Employment First component activities during the month for at least an average of 30 hours per week. At least 20 hours per week must come from participation in core activities. Above 20 hours per week can come from non-core activities.

002.03(B) SINGLE-PARENT AND NEEDY CARETAKER WITH A CHILD BETWEEN 12 WEEKS AND SIX YEARS OF AGE. A single custodial parent or needy caretaker relative, guardian, or conservator whose youngest child is at least 12 weeks but under six years of age is required to participate a minimum of 20 hours per week in approved Employment First component activities. An individual counts as engaged in the minimum number of hours required for a month if he or she participates in approved Employment First component activities during the month for at least an average of 20 hours per week. At least 20 hours per week must come from participation in core activities.

002.03(C) TWO-PARENT FAMILIES. Two-parent families are required to participate a minimum of 35 combined hours per week. Participation must be in approved Employment First component activities. A two-parent family counts as engaged in the minimum number of hours required for a month if the parent(s) participate in approved Employment First component activities during the month for at least an average of 35 combined hours per week. For a two-parent household at least 30 hours per week must come from participation in core activities. Above 30 hours a week can come from non-core activities.

002.03(C)(i) MINOR PARENT HEAD-OF-HOUSEHOLD. A minor parent head-of-household in a two-parent family when the other parent is also a minor is required to participate a minimum of 30 hours per week in approved Employment First component activities. A minor parent head-of-household counts as engaged in the minimum number of hours required for a month if he or she participates in approved Employment First component activities during the month for at least an average of 30 hours per week. At least 20 hours per week must come from participation in core activities. Above 20 hours per week can come from non-core activities.

002.03(D) SPECIAL RULE FOR EDUCATION. The following applies to individuals age 19 or younger who are a single-parent, a needy caretaker head-of-household, or a parent in a two-parent family. It also applies to dependent children who are required to participate in the Employment First program.

002.03(D)(i) The individual is deemed to have met the minimum number of hours of participation required for the month if he or she is maintaining satisfactory full-time attendance in the Satisfactory Attendance at Secondary School or in a Course of Study Leading to a Certificate of General Equivalence component during the month.

002.03(D)(ii) An individual is deemed to have met the minimum number of hours of participation required for the month if he or she or she is participating in the Education Directly Related to Employment component for at least 20 hours per week during the month.

003. EXEMPTIONS FROM EMPLOYMENT FIRST . An individual who meets the exemption criteria described below is not required to participate in Employment First component activities and becomes non-time limited for the period of time he or she qualifies for the exemption. The individual must assist the Department to gather documentation to substantiate the request for each individual’s exempt status. An individual becomes mandatory to participate in the Employment First program the first of the month following the month in which he or she no longer qualifies for the exemption.

003.01 INCAPACITY. A person who meets incapacity requirements as follows may qualify for an exemption. An individualized service plan must be developed with the individual who qualifies for exemption. A two-parent family with one parent who qualifies for this exemption must be considered a single-parent and needy caretaker family for purposes of determining the minimum hours of participation.

003.01(A) SHORT-TERM. Short-term exemption may be granted for an individual who has an illness or injury serious enough to temporarily prevent them from entering employment and participating in another Employment First component activity for up to three months. The illness or injury must be evaluated in the context of activities available through the Employment First program.

003.01(B) LONG-TERM. Long-term exemption may be granted for an individual who is incapacitated with a medically determinable physical or mental impairment which, by itself or in conjunction with age, prevents the individual from entering employment or participating in another Employment First component activity and which is expected to exist for a continuous period exceeding three months. The incapacity must be evaluated in the context of activities available through the Employment First program.

003.02 AGE 65 OR OLDER. An individual age 65 or older. This individual is no longer subject to Employment First or the time limit.

003.03 CARE ATTENDANT. A parent who is needed in the home on a continuous basis to provide care for a disabled family member living in the home who does not attend school on a full-time basis and no other appropriate member of the household is available to provide the needed care. There must be medical documentation and a signed statement from a licensed medical professional to support the need for the parent to remain in the home to care for the disabled family member. The disability of the family member being cared for must be evaluated at least every six months, depending on the diagnosis and prognosis for recovery, in order to determine if the parent is still needed in the home to provide care for the disabled family member.

003.04 PARENT OR CAREGIVER OF AN INFANT. A parent or needy caretaker relative, guardian, or conservator of a child under the age of 12 weeks. This exemption can be extended if a written statement from the attending physician states the parent requires additional postpartum recovery time, or special medical conditions of the child requires the presence of at least one parent or needy caretaker relative, guardian, or conservator. In an Aid to Dependent Children unit composed of a grandparent, a minor parent, and the minor’s child, only the minor parent is eligible for this exemption. In a two-parent household, only one parent can qualify for this exemption.

003.05 PREGNANCY. A pregnant woman beginning the first of the month before the month of the mother’s due date.

003.06 UNAVAILABILITY OF CHILD CARE. A single parent or needy caretaker who is unable to participate because he or she cannot obtain child care that is, or can be, licensed or approved by the Department for his or her child age five or younger. It is the individual’s responsibility to prove that he or she cannot obtain child care. In order to qualify for this exemption, one of the following reasons must be met:

(A) Unavailability of appropriate child care within a reasonable distance from the individual’s home or work site, based on the normal commuting time for the area but not exceeding two hours round trip; or

(B) Unavailability or unsuitability of informal child care by a relative or under other arrangements.

003.07 DOMESTIC VIOLENCE. A victim of domestic violence may be exempt from Employment First. All Employment First participants are screened for domestic violence. A victim of domestic violence is defined as someone who is battered or subject to extreme cruelty. For an individual to qualify for this exemption, it must be determined that participation in Employment First would make it more difficult for the individual to escape domestic violence, would penalize the individual, or would put him or her at risk of further domestic violence. An individualized service plan must be developed with the individual who qualifies for exemption. The following criteria must be met for domestic violence exemptions:

(A) An individual is considered to be battered or subjected to extreme cruelty if he or she has been subjected to:

(B) Physical acts that resulted in, or threatened to result in, physical injury to the individual;

(D) Sexual activity involving a dependent child;

(E) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(F) Threats of, or attempts at, physical or sexual abuse;

(G) Mental abuse;

(H) Neglect or deprivation of medical care; or

(I) Stalking.

(i) In order to qualify for this exemption, the individual must have an assessment for domestic violence. There must be verification of the domestic violence; and

(ii) This exemption is granted for a period of up to six months. Additional periods may be granted for up to six months per period depending on the participant’s needs and service plan, but the participant’s eligibility for exemption must be reassessed before the Department may grant any additional exemption period.

004. VOLUNTARY PARTICIPATION . An individual who qualifies for an exemption from participation in Employment First may elect to volunteer to participate in the Employment First program. The time limit does not apply until the individual no longer qualifies for an exemption. Any resulting failure to participate in the activities agreed upon in the Self-Sufficiency Contract would restrict the individual from participating and depending on his or her status he or she may be subject to a sanction.

005. ORIENTATION . Orientation to Employment First may be accomplished in the following two phases:

(A) The first phase may be performed at the time of application for Aid to Dependent Children. The Department highlights the responsibilities that the applicant will be expected to fulfill if he or she is determined eligible for Aid to Dependent Children; and

(B) The second phase of orientation to Employment First is done as an introduction to the comprehensive assets assessment. The individual must receive detailed information on all Employment First requirements, program expectations, participation options, services, and time limits.

006. ASSETS ASSESSMENT . The individual must participate in agency or vendor-provided assessment(s) designed to provide a framework for self-sufficiency planning. The purpose of assessment is to gather and organize information about the individual’s skills, aptitudes, strengths, barriers, interests and family circumstances. Assessment must be conducted when a participant’s circumstances change, when he or she is not able to continue forward movement in his or her Self-Sufficiency Contract activities, or at any time the Department or the participant determines it is necessary. The purpose of the assessment is to:

(A) Identify individuals who may be exempt;

(B) Assign participants to work activities based upon their level of employability and work interests; and

007. SELF-SUFFICIENCY CONTRACT . Based on the results of assessment, the Department and the individual will develop a Self-Sufficiency Contract that includes an individualized Service Plan. The Self-Sufficiency Contract should stress urgent action toward economic self-sufficiency. The Self-Sufficiency Contract will identify the goals to be achieved and will include time lines and benchmarks that facilitate forward momentum. Each mandatory adult and minor parent will outline his or her path to achieving economic self-sufficiency. The responsibilities, roles, and expectations of the individual, the Department, and all other service providers must be detailed in the Self-Sufficiency Contract. The Self-Sufficiency Contract is to be used as a flexible tool. If the participant is not achieving progress in his or her Self-Sufficiency Contract, it should be evaluated and changed accordingly. Adjustments to the goals, components, or scheduled activities within components may be necessary as a result of changes in labor market conditions, or a variety of individual circumstances. The Self-Sufficiency Contract is a binding document to be signed by the individual and by the person representing the Department. By signing the Self-Sufficiency Contract, the individual signifies his or her agreement with the terms and conditions of the Self-Sufficiency Contract.

008. COMPONENTS . Components make up the menu of activities that the participant and the Department choose from when developing the Self-Sufficiency Contract. Activities that the participant engages in should build on his or her strengths, help to remove barriers to self-sufficiency and prepare him or her for entry into the labor market. Successful completion of activities within the components should build momentum and forward movement toward the achievement of the participant’s vocational goal and eventual self-sufficiency. A participant may participate in one or more core activities at a time or a combination of core and non-core activities at the same time in order to comprise full-time participation. Each component activity is reflected as a separate element in the Self-Sufficiency Contract. Participation in component activities must be supervised. Participation hours must be tracked, documented and verified.

008.01 CORE ACTIVITIES. At least 20 hours per week must come from participation in the following core activities.

008.01(A) UNSUBSIDIZED EMPLOYMENT. The employment may be full or part-time in the public or private sector and is not subsidized by Temporary Assistance for Needy Families or any other public program. Employment must consist of work for pay. Pay must not be less than the state minimum wage.

008.01(A)(i) MICROBUSINESS ENTERPRISE. When a microbusiness enterprise is included in the Self-Sufficiency Contract, the individual should be referred to an entrepreneurial assistance program. In order for the Self-Sufficiency Contract to contain this component activity, an assessment of the likelihood of business success must be obtained and benchmarks established to assess measurable progress, including profits and continued likelihood of achieving economic self-sufficiency within the individual’s time limits.

008.01(A)(ii) APPRENTICESHIP. An apprenticeship may be applied for and entered into with a trade organization. An individual participating in an apprenticeship must complete the program and be fully employed in the trade within the individual’s time limit. An apprenticeship program cannot be included in the Self-Sufficiency Contract if the individual has a skill that can be marketed and can be reasonably expected to provide a wage leading to economic self-sufficiency in the current, area-specific labor market and the client is physically, mentally and emotionally able to utilize those skills through employment.

008.01(B) SUBSIDIZED PRIVATE AND PUBLIC SECTOR EMPLOYMENT. The subsidized employment component is employment in the public or private sector for which the participant is paid wages, while the employer receives a temporary subsidy from Temporary Assistance for Needy Families or other public funds to offset some or all of the wages and costs of employing a participant. Subsidized employment provides the participant with an opportunity to gain job skills and experience. The goal of this activity must be to prepare participants for and assist them in securing permanent unsubsidized employment and achieving economic self-sufficiency. During the subsidized period the employer must provide necessary training, guidance, and direction to the participant. For worker protection, see regulation later in this chapter.

008.01(C) WORK EXPERIENCE. The work experience component is structured unpaid work in any public, private, for-profit, or nonprofit business or organization. The purpose of the work experience activity is to improve the employability of participants who have been assessed as not being job ready or cannot find unsubsidized employment by providing an individual with an opportunity to acquire the general workplace skills, training, knowledge, and work habits necessary to obtain unsubsidized employment. The goal of work experience is to prepare participants for and move them into unsubsidized employment or other component activities that can help in this transition. Other component activities may be combined with work experience. A work experience placement must not exceed six months.

008.01(C)(i) REQUIREMENTS. The Department must have a written agreement with the work site. Daily supervision is required. The hours of participation in a work experience activity must be detailed in the agreement and the Self-Sufficiency Contract.

008.01(C)(ii) SELECTION CRITERIA AND PLACEMENT. The participant’s vocational interests and goals, job skills, training, education, work history, experience, and limitations must be taken into consideration so that the participant can be matched to the appropriate work site. The Department recommends the participant to the work site. The potential work site personnel then have the option of interviewing the participant.

008.01(C)(iii) SCHEDULING, TIME AND ATTENDANCE. The Department is responsible for coordinating with the work site and participant for the number of hours and the days the participant will participate. Participants are required to report to their work site as scheduled, following the business’ rules and regulations regarding timeliness, attendance and absences. Time and attendance records for participants are maintained by the work site as they are for regular employees. Time sheets and progress reports must be submitted to the Department at the end of each week.

008.01(C)(iv) COMMUNICATION WITH THE WORK SITE. Communication with the work site must be maintained on a regular basis. The work site must notify the Department immediately if there is a problem with an individual’s participation.

008.01(C)(v) TERMINATION OF ASSIGNMENT. If the work site determines that a participant is unsuitable for the assignment, the work site must inform the Department immediately. The participant may then be reassigned to another work site. Termination from a work site is not considered nonparticipation unless the participant failed or refused to participate without good cause.

008.01(C)(vi) REVIEW OF PLACEMENT. The effectiveness of a participant’s placement must be reviewed regularly. If the assignment is determined to be inappropriate or ineffective, the Self-Sufficiency Contract must be reviewed.

008.01(C)(vii) PARTICIPANT PROTECTION. Work experience and community service participants are insured by the Department against injury on the work site.

008.01(C)(viii) WORKER PROTECTION. No work experience, on-the-job training, subsidized employment, or community service placement may result in the displacement of or infringement of promotional opportunities of any currently employed worker, nor will an assignment be made to fill a position when the employer has reduced its work force with the effect of filling the vacancy with a participant subsidized by the program or when any other individual is on layoff from the same or equivalent job within the same organizational unit. Regular employees or their representatives may register complaints with the Department that the assignment of an individual violates the previously described provisions. The Department offers the individual a conciliation period of up to 30 days in which to resolve the dispute. The conciliation process includes a face-to-face interview or telephone conference with a Department representative. This process may be initiated by either the Department or the employee. If the conciliation process does not resolve the issue, the dissatisfied employee may file a request for a formal hearing.

008.01(C)(viii)(1) HEARING PROCESS. The hearing process must not exceed 90 days from the date of the complaint, by which time the complainant must be provided the written decision by the department. The Department’s hearing portion of the grievance procedure must provide the following:

(a) A written notice of the date, time, and place of the hearing;

(b) A hearing on the record;

(d) Representation by counsel at the discretion and cost of the employee; and

(e) A written decision.

008.01(C)(viii)(2) APPEAL TO ADMINISTRATIVE LAW JUDGES. The written decision may be appealed by any dissatisfied party within 20 days of the receipt of the Department’s written decision. The appeal must be sent to the Office of Administrative Law Judges, U.S. Department of Labor, Vanguard Building, Room 600, 1111 20^th Street NW, Washington, D.C. 20036. Copies of the appeal and any brief in support of it must be sent to the Assistant Secretary for Employment and Training, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, D.C. 20210 and to the Assistant Secretary for the Administration for Children and Families, Department of Health and Human Services, 370 L’Enfant Promenade, SW, 6^th Floor, Washington, D.C. 20447. The appeal must contain:

(a) The full name, address, and telephone number of the appellant;

(b) The provisions of the Social Security Act of regulations believed to have been violated;

(d) A copy of the Department’s findings and decision regarding the appellant’s complaint.

008.01(C)(ix) RIGHTS AND BENEFITS. Work experience participants are treated as regular employees of the work site to which they are assigned. The work site provides supervision of clients in accordance with the policies and procedures used for regular employees including orientation, absenteeism, disciplinary actions, and terminations. At the time of assignment the work site personnel policies and procedures relating to these topics should be discussed or provided in writing by the work site personnel. The work site must maintain reasonable work conditions which are not in violation of federal, state, or local health and safety standards. The work site must not discriminate against any participant because of race, religion, color, sex, physical handicap unrelated to the participant’s ability to perform the work, or national origin or ancestry.

008.01(D) ON-THE-JOB TRAINING (OJT). The basic principles which govern an On-the-Job Training placement are:

(i) An On-the-Job Training can be developed in the public or private sector;

(ii) An assessment of the participant must determine that he or she is job ready;

(iii) The participant is first hired by the employer on a full-time basis;

(iv) The Department must have a written contract with the employer;

(v) Daily supervision is required;

(vi) The participant is provided training which gives the knowledge and skills essential to the full and adequate performance of that job;

(vii) The participant is compensated at a wage, plus fringe benefits, as applicable, including periodic increases, comparable to that of other employees performing the same or similar jobs. The employer and the sponsoring agency negotiate a contract in which the employer will be reimbursed up to 50 percent of the hourly wage for actual hours worked for a set period of time, not to exceed six months to help offset the cost of training;

(viii) The wage reimbursement rate and length of the on-the-job training are contingent upon the nature and complexity of the work and how much training is actually required for the individual to be able to perform the job adequately;

(ix) The on-the-job training may include classroom training, either in the workplace or elsewhere, in job-related basic skills, literacy, English as a Second Language (ESL), or occupational skills training that is required by the employer and would assist the participant to complete his or her assigned duties or upgrade his or her job skills. The classroom hours can count towards hours of on-the-job training participation but are not eligible for wage reimbursement; and

(x) Upon successful completion of the on-the-job training, the employer will continue to employ the participant as a regular employee.

008.01(E) JOB SEARCH/JOB READINESS. Job search and job readiness assistance means the act of seeking or obtaining employment, preparation to seek or obtain employment, including life skills training, and substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable. Such treatment or therapy must be determined to be necessary and documented by a qualified medical, substance abuse, or mental health professional. Participation in job search and job readiness is limited to 240 or 360 hours in a 12-month period. The total hourly limit for participation in job search and job readiness activities is 240 hours for a single custodial parent or needy caretaker relative, guardian or conservator of a child under 6 years of age, and 360 hours for all other work-eligible individuals. The 12-month period begins with the first month in which hours of job search or job readiness are counted. Not more than 4 weeks may be consecutive. The 240 or 360 hour limit applies to the job search and job readiness components as a whole, not separately. Daily supervision is required. The Job Search component offers two formats for job search: group job search workshop and independent job search.

008.01(F) COMMUNITY SERVICE. The community service component is a structured program in which the participant performs unpaid work under the auspices of public or nonprofit organizations. Community service programs must be limited to projects that serve a useful community purpose. Community service programs must include structured activities that both provide a community service and also improve the employability of the participant. Community service programs are designed to improve the employability of participants not otherwise able to obtain employment. The prior training, experience, and job skills of a participant must be taken into account, to the extent possible, in making appropriate community service assignments. For selection criteria and placement, scheduling, time and attendance, communication with the work site, termination of assignment, participant protection, and for worker protection, see regulation earlier in this chapter.

008.01(F)(i) REQUIREMENTS. The Department must have a written agreement with the work site. Daily supervision is required. The hours of participation in a community service program must be detailed in the agreement and the Self-Sufficiency Contract. Short term training or similar activities may be counted as community services as long as such activities are of limited duration and are a necessary or regular part of the community service.

008.01(F)(ii) COMMUNITY SERVICE CALCULATION. The Department is responsible for determining the maximum number of hours of community service allowed for the Employment First participant each week. This is determined by adding the family’s Aid to Dependent Children cash payment amount and their Supplemental Nutrition Assistance Program allotment for their Aid to Dependent Children unit size then dividing the total monthly benefit amount by the higher of the federal or state minimum wage.

008.01(G) VOCATIONAL TRAINING. Vocational training is organized educational programs directly related to the preparation of individuals for employment in current or emerging occupations. It may consist of both academic and occupational course work. Basic skills education such as work-focused general education and language instruction may be counted as long as it is a necessary and regular part of the vocational training. Vocational training programs should be limited to activities that give participants the knowledge and skills to perform a specific occupation. The completion of vocational training leads to the attainment of a vocational certificate, diploma, or an Associate degree.

008.01(G)(i) LIFETIME LIMIT. Vocational training is limited to that which is directly related to the fulfillment of an individual’s vocational goal. Participation in vocational training cannot exceed 36 months in a lifetime for any individual. Vocational training programs that can be included in the Self-Sufficiency Contract must be for occupations that facilitate economic self-sufficiency. In order for vocational training to be included in the Self-Sufficiency Contract, the participant must demonstrate that the training program will lead to economic self-sufficiency within the individual’s time limits. The participant and the Department must have substantiating labor market information.

008.01(G)(ii) ADDITIONAL MARKETABLE SKILL. A vocational training program cannot be included in the Self-Sufficiency Contract if the participant has a skill that can be marketed and can be reasonably expected to provide a wage leading to economic self-sufficiency in the current, area-specific labor market and the participant is physically, mentally and emotionally able to utilize those skills through employment. The Department may need to assist the participant in this process.

008.01(G)(iii) FINANCIAL AID. Before vocational training can be approved and included in the Self-Sufficiency Contract, the participant must apply for student financial aid, unless the program is not eligible for student financial aid, or have other financial resources available to pay for the cost of training. If the participant is ineligible for student financial aid because of a default on a student loan, the Self-Sufficiency Contract cannot contain vocational training until the loan is rehabilitated through arrangements made with the lending institution. The participant may ask for assistance in this process.

008.01(G)(iv) MAINTAINING SATISFACTORY PROGRESS. In order to ensure that participation in vocational training is meaningful and productive, the participant must be in good standing and making good or satisfactory progress in his or her training program using the educational institution’s standard. There must be demonstrated progress using a qualitative measure, such as grade point average, and a quantitative measure, such as time frame within which the individual is expected to complete his or her training program. The Self-Sufficiency Contract must detail the qualitative and quantitative measures. Daily supervision is required.

008.01(H) PROVIDING CHILD CARE SERVICES TO AN INDIVIDUAL WHO IS PARTICIPATING IN A COMMUNITY SERVICE PROGRAM. An individual who is providing child care services to the children of another Employment First participant to enable him or her to participate in the community service component activity. This activity must be effective in helping move the child care provider toward economic self-sufficiency. The activity should be made meaningful through training, certification or mentoring, and work towards certification as a child care provider and be a first step toward the participant’s employment in the child care field. The participant may or may not be paid for services rendered. The individual who is participating in the community service component activity is not required to pay the participant for providing the child care services. The participant should be encouraged to apply to the Department to be an approved provider and receive payment for their services as an approved child care provider. Daily supervision is required.

008.01(I) POST-SECONDARY EDUCATION. Post-secondary education is a specific educational program at a college or university. The completion of post-secondary education leads to the attainment of a baccalaureate degree. Post-graduate programs may not be approved in the Self-Sufficiency Contract. Post-secondary education is limited to that which is directly related to the fulfillment of an individual's occupational goal. Post-secondary education programs that can be included in the Self-Sufficiency Contract must be for occupations that facilitate economic self-sufficiency. In order for post-secondary education to be included in the Self-Sufficiency Contract, the participant must demonstrate that the educational program will lead to economic self-sufficiency within the individual's time limits. The participant and the Department must have substantiating labor market information. For additional marketable skills, financial aid and maintaining satisfactory progress, see regulation earlier in this chapter. If the participant is ineligible for student financial aid because of a default on a student loan, the Self-Sufficiency Contract cannot contain post-secondary education until the loan is rehabilitated through arrangements made with the lending institution. The participant may ask for assistance in this process.

008.02 NON-CORE ACTIVITIES. Non-core activities cannot count toward participation hours without at least 20 hours per week coming from participation in core activities. If more than 20 hours in a week have been met in a core activity or activities, the following component activities may count towards participation:

008.02(A) JOB SKILLS TRAINING DIRECTLY RELATED TO EMPLOYMENT. This is defined as training or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace. This can include customized training to meet an employer’s needs or general training that prepares a participant for employment. This can include literacy instruction or language instruction or barrier-removal activities when such instruction is explicitly focused on skills needed for employment or combined in a unified whole with job training. Daily supervision is required. Job skills training may include short-term training programs or coursework designed to refresh, upgrade, advance, or renew job-related skills. Adult Basic Education (ABE) and English as a Second Language (ESL) courses can count as stand-alone activities, but must be combined with a core activity. For additional marketable skills, financial aid and maintaining satisfactory progress, see regulation earlier in this chapter.

008.02(B) EDUCATION DIRECTLY RELATED TO EMPLOYMENT. For an individual who has not received a high school diploma or a certificate of high school equivalency, this is defined as education related to a specific occupation, job, or job offer. This can include Adult Basic Education (ABE) which is basic and remedial education designed to help an individual achieve a basic literacy level, English as a Second Language (ESL), and other courses designed to provide the knowledge and skills for specific occupations or work settings. General Educational Development (GED) can be counted when it is required as a prerequisite for employers or an occupation. Adult Basic Education and English as a Second Language courses can count as stand-alone activities, but must be combined with a core activity. For additional marketable skills, financial aid and maintaining satisfactory progress, see regulation earlier in this chapter.

008.02(B)(i) SPECIAL RULE FOR STATE CORE-EDUCATION DIRECTLY RELATED TO EMPLOYMENT. A parent, regardless of age, will be considered to have met the minimum number of participation hours required if they are participating in Education Directly Related to Employment for at least an average of 20 hours per week during the month. For purposes of this requirement, Education Directly Related to Employment includes Adult Basic Education (ABE), a General Educational Development (GED) program, or English as a Second Language (ESL). The Adult Basic Education (ABE) and General Educational Development (GED) program must be approved by the Nebraska Department of Education.

008.02(C) SATISFACTORY ATTENDANCE AT SECONDARY SCHOOL OR IN A COURSE OF STUDY LEADING TO A CERTIFICATE OF GENERAL EQUIVALENCE. This is defined as a needy caretaker, specified relative, age 19 or younger, or a dependent child in secondary education, whether an academic or vocational track, the completion of which leads to the attainment of a high school diploma (HSD); or General Educational Development (GED), the completion of which leads to the attainment of a State of Nebraska High School Diploma or certificate of general equivalence. If a dependent child drops out of school when he or she reaches the mandatory education age of 16, a Self-Sufficiency Contract must be developed. However, participation in this component cannot be mandated to the dependent child who drops out of school at the age of 16. For maintaining satisfactory progress, see regulation earlier in this chapter.

009. SUPPORTIVE SERVICES . A participant must be provided with allowable and appropriate supportive services to the extent determined necessary by the Department to enable the individual to participate in any Employment First component as agreed upon in the Self-Sufficiency Contract if no other source is available at no cost to the participant or to the agency. The Department must prior approve the use of these funds.

009.01 APPLICANTS. Applicants for Aid to Dependent Children are eligible for supportive services only if they are participating in Employment First orientation, assessment, self- sufficiency planning, and Self-Sufficiency Contract development.

009.02 DURATION OF SERVICES. Case management and necessary supportive services may be provided for the duration of the individual’s participation in all Employment First components and, if needed, after the loss of eligibility for Aid to Dependent Children cash assistance if the loss of Aid to Dependent Children was due to earned income, and if the individual was either cooperating with or participating in Employment First at the time.

009.03 REFUSAL TO ACCEPT SUPPORTIVE SERVICES. An applicant or recipient may refuse supportive services. However, the refusal of supportive services must not then be used as a reason for not cooperating with Employment First requirements or participating in Employment First component activities.

009.04 CLOTHING. The purchase of clothing that is necessary for the individual to effectively participate in any of his or her approved component activities as well as for employment may be approved.

009.05 EXPENSES FOR EDUCATION AND TRAINING. The participant must apply for student financial aid before Job Skills Training, Vocational Training or Post-Secondary Education can be approved and included in the Self-Sufficiency Contract, unless the program is not eligible for student financial aid or the participant has other financial resources available to pay for the cost of training.

009.05(A) CERTIFICATE PROGRAMS. Expenses related to training programs that are not covered by student financial aid can be considered if there is no other source of payment.

009.05(B) ADULT EDUCATION PROGRAMS. The registration fee for all approved adult education programs may be authorized.

009.06 EMPLOYMENT EXPENSES. Expenses necessary and required for employment, such as uniforms, special clothing, or tools, may be authorized. There must be verification from the employer that the items required are required for employment. Transportation expenses may be provided until the participant receives their first full pay check from their job. Expenses related to the start-up or development of a business are not allowed.

009.07 MEDICAL SERVICES. Employment-related medical services not covered by Medicaid may be authorized if they are necessary for the client to participate in Employment First activities or accept employment. The participant must have cooperated to establish Medicaid eligibility. Medical services are authorized at Medicaid rates.

009.08 RELOCATION. Expenses related to relocation may be authorized if necessary for the participant to accept employment or participate in an education or training activity. In order to have such expenses authorized it must not be feasible for the participant to commute on a daily basis.

009.09 TRANSPORTATION. The Department may authorize payment for transportation to enable a participant to participate in any Employment First component. Bus tokens or tickets, commercial transportation, gasoline vouchers, car repairs, and relocation assistance are some examples of transportation services that can be provided. Public transportation must be used when available.

009.09(A) VEHICLE REPAIRS. Allowable repairs are those that are necessary for the vehicle to be in safe and reliable operating condition. Cosmetic repairs cannot be authorized. Repairs cannot be authorized if the cost of all repairs during a 12 month period exceeds the value of the vehicle.

009.09(B) VEHICLE PURCHASE. Assistance toward the purchase of an automobile is available for participants who have gained permanent employment for 30 or more hours per week and no other transportation is available. There must be verification that the employment is a permanent position and the participant will be working 30 or more hours per week. There must be documentation that the participant has a valid driver’s license. The participant must demonstrate the ability to afford vehicle registration, taxes, insurance, gasoline, maintenance and any vehicle payment not covered by assistance. The participant must have the vehicle inspected by a certified mechanic not employed by the seller to determine the vehicle’s mechanical condition and identify needed repairs. To be eligible, the inspection must show the vehicle is safe, reliable and not in need of additional repairs. The selling price of the vehicle must be in line with the fair market value of similar vehicles of the same age, make and model. The amount of assistance available is limited to the minimum amount necessary to allow the participant to purchase the vehicle and the amount of assistance shall not exceed $5,000.00.

009.09(C) VEHICLE LOAN PAYMENTS. Car payments can be authorized one time in a 12 month period if the participant has a notice of repossession and the payment will resolve the emergency.

009.09(D) COMMERCIAL TRANSPORTATION. Commercial transportation can only be authorized for up to four weeks in a 12 month period.

009.09(E) FUEL AND OIL. Fuel can be provided for transportation to and from the individual’s home and the approved activity site. This includes transporting children to and from their child care provider or school if child care transportation by the child care provider or school is not available. There must be documentation that the participant has a valid driver’s license, and current insurance and registration for the vehicle being used. An unlicensed participant may receive a gas voucher if the participant uses the gas voucher to contribute to a car pool or reimburse an individual for gas expenses incurred while providing the participant transportation for Employment First purposes. Fuel should not be authorized for participants engaged in AmeriCorps or Federal work study because stipends from these programs are intended to cover transportation expenses.

009.09(F) VEHICLE REGISTRATION. Up to $500 of the cost of registering a participant’s vehicle is allowed if the vehicle is required for participation. The cost of specialty license plates must not be authorized. There must be documentation that the participant has a valid driver’s license and insurance.

009.09(G) INSURANCE. Payment of vehicle insurance is limited to a one-time three month premium for basic liability coverage. Full coverage is allowed if the vehicle has a lien on it and the lender requires full coverage. The participant must be the owner of the vehicle.

009.09(H) DRIVER’S LICENSE. The cost of reinstating a driver’s license is allowed unless the lost was due to driving while intoxicated or under the influence of drugs.

009.09(I) EXEMPT PUBLIC TRANSPORTATION. Exempt Public Transportation must be utilized prior to all other Transportation if available and appropriate for the participant’s circumstances.

009.10 TRANSITIONAL SUPPORTIVE SERVICES. If the family loses eligibility for Aid to Dependent Children due to the individual's earned income and he or she was cooperating or participating in Employment First at that time he or she will be eligible for Transitional Supportive Services. Eligibility will continue for six months beginning the first of the month when they were determined ineligible for Aid to Dependent Children due to earned income. During the first three months the individual is eligible for supportive services that support activities listed in their current service plan. During the entire six months the individual is eligible for supportive services that are determined necessary for the individual to retain their employment.

010. NONPARTICIPATION . Nonparticipation may occur only after a client has signed a Self-Sufficiency Contract. Some examples of failing to participate include, but are not limited to:

(A) Not participating in Self-Sufficiency Contract revisions;

(B) Not meeting the terms of the Self-Sufficiency Contract;

(C) Failing to appear for a job interview or follow up on a job opening when the potential job meets the appropriate work criteria;

(D) Failing to keep appointments with the Department or with another agency providing service to the participant;

(E) Voluntarily leaving a component activity before its completion;

(F) Failing or refusing to report on his or her job search as required; or

(G) Quitting employment or refusing a bona fide offer of employment without good cause.

010.01 GOOD CAUSE. The following are some examples of good cause for failing or refusing to participate in Employment First:

(1) The participant’s illness or incapacitation;

(2) Incarceration or court-required appearance of the participant;

(3) A family crisis or change in family circumstances which interfere with participation;

(4) Unavailability or a breakdown in transportation or child care arrangements with no readily accessible alternative;

(5) Weather conditions which would prohibit the individual from participating in the prescribed activity;

(6) A wage which results in a net loss of cash income;

(7) Hazardous work conditions;

(8) The participants mental or physical inability to do the job; or

(9) The presence of domestic violence in the participant’s life which interferes with his or her ability to secure child care or transportation; his or her ability to attend school, training, or work; or the physical or emotional safety of the participant or his or her child.

010.01(A) NET LOSS OF INCOME- NOT ACCEPTING A JOB. If employment would result in a net loss of cash income, the participant would have good cause for not accepting that job. He or she may still choose to accept the employment, but is not subject to sanction if he or she does not.

010.01(B) NET LOSS OF INCOME- ALREADY EMPLOYED. The participant experiences a net loss of income if the income from employment does not equal the Aid to Dependent Children cash benefit plus work related expenses minus any unearned income received by the family. Work related expenses, not otherwise incurred, are defined as:

(i) Mandatory payroll deductions;

(ii) Transportation, limited to gas and oil and routine maintenance or city bus fare not paid by other sources;

(iii) The portion of child care paid by the participant; and

(iv) Uniforms not paid for by other sources.

010.02 ACTION FOLLOWING NONPARTICIPATION. Before imposing the first or second sanction, the recommendation is reviewed by two Department supervisors. The recommendation for imposing a third sanction must be reviewed by two Department supervisors and approved by a second level Department supervisor. If the participation issue is resolved or good cause is established, no action is imposed. The sanction recommendation must be reviewed to ensure that the Department representative has:

(1) Reviewed the contracted activities to assure that they are reasonable and appropriate; and that they are consistent with the participant’s physical and mental abilities;

(2) Discussed the nonparticipation issue with the participant to determine whether there was good cause for his or her failure to refusal to participate; and

(3) Worked with the participant to assist them in removing any barriers to participation.

010.02(A) FAILURE TO PARTICIPATE IN EMPLOYMENT FIRST. If the parent fails or refuses to participate in Employment First without good cause, the result is the loss of Aid to Dependent Children cash assistance for the entire family. In a two-parent family, failure or refusal to participate in Employment First without good cause by one parent will result in the loss of Aid to Dependent Children for the entire family. If the needy caretaker relative, guardian, or conservator who is not a parent fails or refuses to participate in Employment First without good cause, the result is the removal of the caretaker’s needs from the Aid to Dependent Children unit. If a dependent child age 16, 17, or 18 fails to attend school and fails or refuses to participate in any other Employment First component without good cause, the result is the removal of the child’s needs from the Aid to Dependent Children unit.

010.02(A)(i) SANCTION FOR MANDATORY PARTICIPANT’S FAILURE OR REFUSAL TO PARTICIPATE. A sanction is effective the first of the specified month following adequate and timely notice. A waiver of receipt of Aid to Dependent Children once a sanction notice has been mailed does not prohibit the sanction from taking effect.

010.02(A)(i)(1) LENGTH OF A SANCTION. There is no minimum penalty period for a sanction imposed upon a needy caretaker relative, guardian, conservator, or dependent child. The sanction will last until the failure to participate ceases. If the individual who has failed or refused to participate in Employment First is a parent, the sanctions will be as follows:

(i) The first imposition of a sanction will last one month or until the failure to participate ceases, whichever is longer.

(ii) The second sanction will last for three months or until the failure to participate ceases, whichever is longer.

(iii) The third and subsequent sanctions must not be imposed without a second-level supervisory review. This sanction will last for a minimum of 12 months or until the failure to participate ceases, whichever is longer.

010.02(A)(i)(1)(a) QUALIFICATION FOR AN EXEMPTION. If the parent qualifies for an exemption at any time during the sanction period, the exemption will be granted and the sanction will be lifted. If during the first month of the penalty period, the Aid to Dependent Children will resume effective the first day of the month during which the parent qualifies for the exemption. If after the first month of the penalty period, the Aid to Dependent Children is prorated from the date of the new application for Aid to Dependent Children. If the needy caretaker relative, guardian, conservator, or dependent child qualifies for an exemption, the exemption will be granted and the sanction will be lifted. The Aid to Dependent Children for the individual is prorated from the date the individual qualifies for the exemption. Once a sanction has been lifted due to the participant qualifying for an exemption, the sanction cannot be re-imposed once the individual no longer qualifies for the exemption.

010.02(A)(i)(2) LIFTING OF SANCTION. Once a sanction is imposed, Aid to Dependent Children cannot be reinstated unless the participant qualifies for an exemption or exhausts the minimum penalty period prescribed for that sequence of sanction and fulfills the participation requirement. The participant must engage in the component activity or activities included in his or her Self-Sufficiency Contract or in another activity mutually agreed upon for a minimum of five consecutive work days in order to demonstrate his or her willingness to participate. The participant may receive supportive services while engaging in the required activity or activities. If the individual does not complete the five days of activity, his or her request is no longer valid. If the parent successfully fulfills the participation requirement, the sanction will be lifted and the Aid to Dependent Children prorated from the date of the new application for Aid to Dependent Children. If the parent submits a new application for Aid to Dependent Children before the minimum penalty period has been served and successfully fulfills the participation requirement, the Aid to Dependent Children will resume the first day of the month following the end of the minimum penalty period. If the needy caretaker relative, guardian, conservator or dependent child successfully fulfills the participation requirement, the sanction will be lifted, and the Aid to Dependent Children for the individual will resume effective the date he or she requested the sanction be lifted.

010.02(A)(i)(3) ACTION FOLLOWING A VOLUNTEER’S FAILURE OR REFUSAL TO PARTICIPATE. When a volunteer fails or refuses to participate in the activities agreed upon in the Self-Sufficiency Contract, his or her status should be examined. If the volunteer would actually be a mandatory participant when the failure to participate occurred, a sanction may be imposed. If the individual still qualifies as a volunteer, he or she returns to exempt status and there would be no monetary sanction if he or she fails or refuses to participate in Employment First. The volunteer is considered to be participating once he or she engages in the component activity to which he or she previously agreed in the Self-Sufficiency Contract or in another activity mutually agreed upon for a minimum of five consecutive work days in order to demonstrate his or her willingness to participate. The voluntary participant may receive supportive services while engaging in the assigned activity. If the voluntary participant does not complete the five days of activity, his or her request to volunteer is no longer valid.

010.03 RIGHT TO APPEAL. Employment First participants have the right to mediation or appeal:

(1) The determination by the Department that the individual has not complied with Employment First requirements or with terms of the Self-Sufficiency Contract; or

(2) The participant’s contention that the Department has not complied with the terms of the Self-Sufficiency Contract.

010.03(A) CONTINUATION OF BENEFITS. The Aid to Dependent Children and Employment First supportive services must not be reduced or terminated pending mediation or the appeal hearing if the individual requests mediation or a fair hearing within ten days following the date the notice of adverse action is mailed and the participant does not refuse continued assistance.

010.03(B) MEDIATION AS A RESULT OF A NOTICE OF ADVERSE ACTION. The individual must request mediation within 90 days following the date the notice of adverse action is mailed. Mediation may be requested in writing. The individual may request mediation services by calling or writing the Department or the mediation center that serves the county in which the participant resides. The Department may also request mediation. The participant has the choice whether to participate in mediation.

010.03(C) MEDIATION NOT AS A RESULT OF A NOTICE OF ADVERSE ACTION. If the individual is dissatisfied with the Department representative’s action or inaction, the individual may request a conference with the representative’s supervisor. If the individual continues to disagree with the supervisor’s conclusion, he or she has 30 days in which to request mediation. If the individual does not choose to confer with the supervisor, the individual has 30 days from the date of the Department representative’s action or inaction or the date the individual became aware of the representative’s action or inaction to request mediation.

010.03(D) CONCLUSION OF MEDIATION. When the mediation has concluded, the mediator notifies the individual and the Department in writing. If the individual is dissatisfied with the result of mediation, he or she has five days from the date of notification from the mediator to request a fair hearing for an issue that may be appealed.

TIME LIMIT FOR AID TO DEPENDENT CHILDREN. Aid to Dependent Children recipient families that include an adult or minor parent who meets the definition of a work-eligible individual are subject to the time limit, unless otherwise exempt. Families subject to the time limit may receive an Aid to Dependent Children for which they are eligible for a total of 60 months in a lifetime. The 60-month lifetime limit begins with the first month the family is determined to be eligible for and receives Aid to Dependent Children. When one parent in a two-parent household reaches their 60-month lifetime limit, the result will be the loss of Aid to Dependent Children for the entire family. Temporary Assistance for Needy Families received from another state will apply towards the family’s 60-month lifetime limit. The benefit state’s policies will determine which months count towards the federal 60-month lifetime limit.

011.01 SITUATIONS WHERE THE AID TO DEPENDENT CHILDREN IS NOT LIMITED TO 60 MONTHS. The receipt of Aid to Dependent Chidlren is not limited to 60 months if:

(1) The Department establishes that there is no job available to the participant where the unearned income and the net earned income would exceed the Aid to Dependent Children payment level. This does not apply where the participant has voluntarily quit or failed to accept a job offer without good cause of has been sanctioned for failure to comply with the job-related requirements of the Self-Sufficiency Contract;

(2) Without Aid to Dependent Children cash assistance the family would not have sufficient funds to avoid extreme hardship;

(3) The adult or minor parent head-of-household is no longer able to meet the conditions of the Self-Sufficiency Contract;

(4) The Department has failed to meet the terms of the Self-Sufficiency Contract; or

(5) The Department has determined that the family is incapable of achieving total economic self-sufficiency because of the mental or physical conditions, or intellectual limitations of the adult or minor parent.

011.01(A) EXTREME HARDSHIP. A family is considered to be suffering from extreme hardship if they do not have adequate cash resources to meet the costs of the basic needs of food, clothing, and housing without assistance or the child or children are at risk of losing care by and residence with their parent(s) or usual caretaker. A family is considered to have inadequate cash resources if their unearned income and net earned income is insufficient to meet their current payment level.

History

Effective 2022-08-29

Chapter 5 Emergency Assistance to Needy Families with Children (ea)

Neb. Admin. Code tit. 468, ch. 5 Emergency Assistance to Needy Families with Children (ea) {#sec-468-nac-5 omnilex-key=us-ne-regs-official--title-468--468 NAC 5}

001. LEGAL BASIS . The Emergency Assistance to Needy Families with Children Program is authorized by Nebraska Revised Statute (Neb. Rev. Stat.) § 68-128. Emergency Assistance must be provided in accordance with the following regulations. Eligible households may only receive Emergency Assistance once in any 12 month period.

002. PURPOSE . The purpose of Emergency Assistance is to provide money or services to or on behalf of a needy child and any other members of the household to meet needs that have been caused by an emergency situation when due to destitution, the household is not able to meet its needs. The program provides a means to address emergency financial situations that are threatening the health or well-being of an eligible child and family. Emergency Assistance benefits must be used to help return the family to a stable environment the family will be able to maintain.

003. DEFINITIONS . For use within Emergency Assistance, the following definition of terms will apply unless the context in which the term is used denotes otherwise:

003.01 CATASTROPHIC ILLNESS. An illness in which inpatient hospitalization is required, excluding childbirth, optional surgery, diagnostic work-ups, and services not included in Medicaid coverage.

003.01 DESTITUTION. Lack of the necessities of life including but not limited to food, shelter, and medical care resulting from an emergency situation.

003.03 EMERGENCY. A sudden and urgent situation requiring immediate action.

003.04 GROSS MONTHLY INCOME. For the purpose of Emergency Assistance eligibility in this Chapter, gross monthly income means the earned and unearned income determined to be available to a household. Earned income includes gross wages, tips, salary, commissions and self-employment. Unearned income includes, but is not limited to:

(A) Retirement, Survivors, and Disability Insurance (RSDI);

(B) Railroad Retirement;

(D) Aid to Dependent Children (ADC);

(E) Assistance to the Aged, Blind, or Disabled (AABD);

(F) Veteran’s or military service benefits;

(G) Unemployment Compensation or disability insurance benefits;

(H) Disability benefits paid by the employer;

(I) Child or spousal support; and

(J) Contributions.

004. APPLICATION . To apply for Emergency Assistance, a household must complete a Department-approved application or ask the Department to add a request for Emergency Assistance to the household’s current Economic Assistance case.

005. INDIVIDUAL RESPONSIBILITIES . Individuals applying for or receiving Emergency Assistance are required to:

(A) Cooperate with the Department in exploring all other sources of available aid, including setting up payment plans with creditors;

(B) Accept any aid available to alleviate the emergency situation; and

006. INDIVIDUAL RIGHTS . Individuals applying for or receiving Emergency Assistance have the right to:

(A) Apply. Anyone who wishes to request or apply for Emergency Assistance must be given the opportunity to do so;

(B) Reasonably prompt action on his or her request for Emergency Assistance;

(C) Appeal any action or inaction with regard to an application, the amount of the benefit, or failure to act with reasonable promptness;

(D) Adequate notice of any action affecting his or her Emergency Assistance case;

(E) Have his or her information treated confidentially;

(F) Have his or her civil rights upheld. No person may be subjected to discrimination on the grounds of his or her race, color, national origin, sex, age, handicap, religion, or political belief;

(G) Have the program requirements and benefits fully explained;

(H) Be represented or assisted in the application process by the person or persons of his or her choice; and

(I) Referral to other social or private agencies.

007. SCOPE . The Emergency Assistance program has the following guidelines:

(A) Emergency Assistance is intended to be the program of last resort when no other sources of assistance are available;

(B) With the exception of catastrophic illness payments, total payments for the benefit period of 12 months of Emergency Assistance must not exceed three times the maximum Aid to Dependent Children payment amount for the applicant’s household size;

(C) This program includes migrant workers and transients statewide if they are otherwise eligible. There is no durational residence requirement;

(D) If the Medically Handicapped Children’s Program (MHCP), an insurance company, or other third party liability (TPL) is involved, approval for assistance may be made before the receipt of a decision by the third part;

(E) Emergency Assistance must not be used to supplement foster care.

007.01 TIME PERIOD FOR SERVICES. Payment can be made for services to meet needs which arose up to 60 days before and which extend 60 days beyond the application date. To be included, prior and subsequent needs must be directly related to the emergency need for which the application was made and must be such that, if they are met, the current emergency will be resolved. Assistance may be authorized only once per household in any 12-month period.

007.02 EMERGENCY ASSISTANCE BENEFITS. Payment may be made for the following items if applicable eligibility requirements are met.

007.02(A) SHELTER. Payment may be made for a mortgage payment, rent, or a rental deposit if it is verified that payment will alleviate the emergency situation. If the applicant has received an eviction notice, or if an eviction notice is planned or threatened, payment may be made only if it will forestall the eviction. Shelter payment may also be made if the applicant was forced to move with no other shelter arrangements.

007.02(B) UTILITY BILLS. If the applicant has received a shut-off notice, payment may be authorized for electricity, gas, or water. Payment may also be made for delivery of bulk fuel. Emergency Assistance may be used for payment of heating and cooling bills only if the applicant is not eligible for the Nebraska Low Income Home Energy Assistance Program (see Title 476).

007.02(C) HOME FURNISHINGS. Payment may be made for the purchase or repair of only those home furnishings that are essential for health and safety.

007.02(D) EMERGENCY NON-FOOD ITEMS. Emergency non-food items such as toilet paper and cleaning supplies may be purchased.

007.02(E) EMERGENCY FOOD. If Supplemental Nutrition Assistance Program (SNAP) benefits cannot be used to meet the emergency, the purchase of food up to the amount of Supplemental Nutrition Assistance Program benefits a family of that size would receive may be authorized. If the household has already received its total Supplemental Nutrition Assistance Program benefits and an emergency occurs, the Supplemental Nutrition Assistance Program allotment may be supplemented.

007.02(F) EMERGENCY CLOTHING. Emergency clothing may be purchased if it is essential for health and safety.

007.02(G) MOVING COSTS. Moving costs may be paid if it is necessary for the applicant to move in order to lower housing costs, to move from substandard to adequate housing, to leave an unsafe living arrangement, or to enable an unemployed applicant to accept a bona fide job offer. The moving costs must be by the least expensive means available consistent with the applicant's age and physical condition. Emergency Assistance must not be used if the applicant is moving from one job to another.

007.02(H) TRANSPORTATION. Transportation may be provided:

(i) For a family traveling through the State of Nebraska when an emergency occurs;

(ii) To obtain emergency medical treatment; or

(iii) For a parent to visit a hospitalized child who is included in the family unit.

007.02(I) EMERGENCY SPECIAL DIETS. Emergency Assistance funds may be used only if the diet is more expensive than a normal diet. The applicant must provide a copy of the diet and a written statement by a physician that the diet is necessary.

007.02(J) MEDICAL PAYMENTS. Medical payments may be made to alleviate current needs of a family who are in a crisis situation because of a catastrophic illness and only if the family is not eligible for Medicaid. The illness must require hospitalization. Any member of the family may have the illness. Medical services related to the illness, such as physician’s fees and ambulance charges, are included. Funeral expenses are not covered. If insurance or third party liability is involved, every effort must be made to resolve issues of liability before Emergency Assistance payment is made. If it is impossible to resolve liability issues within 60 days from the date of Emergency Assistance application, payment may be made but the insurance company must be notified of the Department’s right of subrogation. All payments for medical care must be made at rates no higher than those paid by the Nebraska Medicaid program.

007.02(K) EMERGENCY TELEPHONE INSTALLATION. Payment may be made for emergency telephone installation when a phone is necessary because of medical needs.

008. GENERAL ELIGIBILITY REQUIREMENTS . Emergency Assistance may be provided to a needy child and any other member of the household in which the child is living only if:

(A) The child is age 18 or younger. This includes an eligible pregnant woman in her third trimester with no other children;

(B) The child is currently living with one or both parents, or, within six months before the month in which assistance is required, was living with a specified relative or legally appointed guardian or conservator in a place of residence maintained as their own home;

(C) The household is without income and resources immediately accessible to meet the needs caused by the emergency situation;

(D) The child meets requirements of citizenship or alien status, as outlined within Chapter Two of Title 468;

(E) The household meets relevant income eligibility requirements;

(F) The destitution or need did not arise because the child, if age 16 or older and not in school, or the relative responsible for support and care refused without good cause to accept employment or training for employment or quit a job without good cause. However, if the child or family member refused without good cause to accept employment or training for employment or quit a job without good cause, but the emergency was not caused by this action, the family is still potentially eligible for Emergency Assistance. This includes situations in which the adult in the family has been sanctioned for failure to participate in the Employment First Program.

008.01 INCOME ELIGIBILITY REQUIREMENTS. The household’s gross income must not exceed 185 percent of the Aid to Dependent Children standard of need for the household size.

009. GENERAL EMERGENCY ASSISTANCE PAYMENT PROVISIONS . Payment for all approved Emergency Assistance is made by payment directly to the provider or to the designated member of the household when appropriate. Payment may be made for all or a portion of the bills related to the family’s crisis.

010. APPEAL PROCESS . Every applicant for or recipient of Emergency Assistance has a right to appeal to the Director of the Nebraska Department of Health and Human Services for a hearing on any action or inaction of any Department employee or official in regard to the Emergency Assistance program. The appeal must be filed in writing within 90 days of the action or inaction.

History

Effective 2022-08-29

Neb. Admin. Code tit. 468 — Aid to Dependent Children (adc)

Chapter 1 General Background

Neb. Admin. Code tit. 468, ch. 1 General Background {#sec-468-nac-1 omnilex-key=us-ne-regs-official--title-468--468 NAC 1}

Chapter 2 Eligibility Requirements

Neb. Admin. Code tit. 468, ch. 2 Eligibility Requirements {#sec-468-nac-2 omnilex-key=us-ne-regs-official--title-468--468 NAC 2}

Chapter 3 Calculation of Aid to Dependent Children Benefits

Neb. Admin. Code tit. 468, ch. 3 Calculation of Aid to Dependent Children Benefits {#sec-468-nac-3 omnilex-key=us-ne-regs-official--title-468--468 NAC 3}

Chapter 4 Employment First Self-Sufficiency Program (ef)

Neb. Admin. Code tit. 468, ch. 4 Employment First Self-Sufficiency Program (ef) {#sec-468-nac-4 omnilex-key=us-ne-regs-official--title-468--468 NAC 4}

Chapter 5 Emergency Assistance to Needy Families with Children (ea)

Neb. Admin. Code tit. 468, ch. 5 Emergency Assistance to Needy Families with Children (ea) {#sec-468-nac-5 omnilex-key=us-ne-regs-official--title-468--468 NAC 5}

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