No. 30641 (Amendment): R986-400-402. General Provisions

DAR File No.: 30641
Filed: 11/01/2007, 02:41
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to provide assistance for individuals who are eligible for citizenship but have not yet attained it.

Summary of the rule or change:

If a General Assistance (GA) customer meets the eligibility requirements of the program and is eligible for citizenship but has not yet attained it, that individual can receive GA even if suspended from Social Security Disability, as long as the client is actively pursuing citizenship. Obtaining citizenship is a lengthy process and some individuals are unable to complete the process within the time allowed by Social Security.

State statutory or constitutional authorization for this rule:

Section 35A-1-104 and Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

There will be no anticipated costs or savings to the state budget. There are only a very few people who will be impacted by this rule and any costs will be paid by current funding levels.

local governments:

There are no costs or savings to local government as this is a state-funded program.

small businesses and persons other than businesses:

There will be no costs or savings to small businesses as GA is only available to persons who cannot work due to a physical or mental disability. It will provide benefits to a few individuals while they pursue citizenship.

Compliance costs for affected persons:

There are no costs associated with this proposed change because the change does not apply to any entity or organization, it only applies to applicants for GA and those individuals are not required to pay a fee or otherwise incur any costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. Kristen Cox, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY UT 84111-2333

Direct questions regarding this rule to:

Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/17/2007

This rule may become effective on:

12/24/2007

Authorized by:

Liesa Corbridge, Program Specialist

RULE TEXT

R986. Workforce Services, Employment Development.

R986-400. General Assistance and Working Toward Employment.

R986-400-402. General Provisions.

(1) GA provides temporary financial assistance to single persons and married couples who have no dependent children residing with them 50% or more of the time and who are unemployable due to a physical or mental health condition.

(2) Unemployable is defined to mean the individual is not capable of earning $500 per month in the Utah labor market. The incapacity must be expected to last 30 days after the date of application or more.

(3) Drug addiction and/or alcoholism alone is insufficient to prove the unemployable requirement for GA as defined in Public Law 104-121.

(4) For a married couple living together only one must meet the unemployable criteria. The spouse who is employable will be required to meet the work requirements of WTE unless the spouse can provide medical proof that he or she is needed at home to care for the unemployable spouse. Medical proof, consisting of a medical statement from a medical doctor, a doctor of osteopathy, a licensed Advanced Practice Registered Nurse, a licensed Physician's Assistant, a licensed Mental Health Therapist as defined in UCA 58-60-102, or a licensed psychologist, is required. The medical statement must include all of the following:

(a) the diagnosis of the spouse's condition;

(b) the recommended treatment needed or being received for the condition;

(c) the length of time the client will be required in the home to care for the spouse; and

(d) whether the client is required to be in the home full time or part time.

(5) GA is only available to a client who is at least 18 years old or legally or factually emancipated. Factual emancipation means the client has lived independently from his or her parents or guardians and has been economically self-supporting for a period of at least twelve consecutive months, and the client's parents have refused financial support.

(6) A client claiming factual emancipation must cooperate with the Department in locating his or her parents. The parents, once located, will be contacted by the Department. If the parents continue to refuse to support the client, a referral will be made to ORS to enforce the parents' child support obligations.

(7) A person eligible for Bureau of Indian Affairs assistance is not eligible for GA financial assistance.

(8) In addition to the residency requirements in R986-100-106, residents in a group home that is administered under a contract with a governmental unit or administered by a governmental unit are not eligible for financial assistance.

(9) An individual receiving SSI is not eligible for GA. This ineligibility includes persons whose SSI is in suspense status, as defined by 20 CFR Part 416.1321 through 416.1330. An individual whose SSI benefits are suspended because he or she has not attained U.S. citizenship, may be eligible for GA if the individual actively pursues U.S. citizenship to regain SSI eligibility.

 

KEY: general assistance, working toward employment

Date of Enactment or Last Substantive Amendment: [July 31], 2007

Notice of Continuation: September 14, 2005

Authorizing, and Implemented or Interpreted Law: 35A-3-401; 35A-3-402