HF 2438

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public assistance; amending laws that 
  1.3             reduce an MFIP grant for rental subsidies and 
  1.4             Supplemental Security Income; amending Minnesota 
  1.5             Statutes 2003 Supplement, section 256J.37, 
  1.6             subdivisions 3a, 3b. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.9   256J.37, subdivision 3a, is amended to read: 
  1.10     Subd. 3a.  [RENTAL SUBSIDIES; UNEARNED INCOME.] (a) 
  1.11  Effective July 1, 2003 2005, the county agency shall count $50 
  1.12  of the value of public and assisted rental subsidies provided 
  1.13  through the Department of Housing and Urban Development (HUD) as 
  1.14  unearned income to the cash portion of the MFIP grant.  The full 
  1.15  amount of the subsidy must be counted as unearned income when 
  1.16  the subsidy is less than $50.  The income from this subsidy 
  1.17  shall be budgeted according to section 256J.34. 
  1.18     (b) The provisions of this subdivision shall not apply to 
  1.19  an MFIP assistance unit which includes a participant who is: 
  1.20     (1) age 60 or older; 
  1.21     (2) a caregiver who is suffering from an illness, injury, 
  1.22  or incapacity that has been certified by a qualified 
  1.23  professional when the illness, injury, or incapacity is expected 
  1.24  to continue for more than 30 days and prevents the person from 
  1.25  obtaining or retaining employment; or 
  1.26     (3) a caregiver whose presence in the home is required due 
  2.1   to the illness or incapacity of another member in the assistance 
  2.2   unit, a relative in the household, or a foster child in the 
  2.3   household when the illness or incapacity and the need for the 
  2.4   participant's presence in the home has been certified by a 
  2.5   qualified professional and is expected to continue for more than 
  2.6   30 days. 
  2.7      (c) The provisions of this subdivision shall not apply to 
  2.8   an MFIP assistance unit where the parental caregiver is an SSI 
  2.9   recipient. 
  2.10     (d) Prior to implementing this provision, the commissioner 
  2.11  must identify the MFIP participants subject to this provision 
  2.12  and provide written notice to these participants at least 30 
  2.13  days before the first grant reduction.  The notice must inform 
  2.14  the participant of the basis for the potential grant reduction, 
  2.15  the exceptions to the provision, if any, and inform the 
  2.16  participant of the steps necessary to claim an exception.  A 
  2.17  person who is found not to meet one of the exceptions to the 
  2.18  provision must be notified and informed of the right to a fair 
  2.19  hearing under section 256J.40.  The notice must also inform the 
  2.20  participant that the participant may be eligible for a rent 
  2.21  reduction resulting from a reduction in the MFIP grant and 
  2.22  encourage the participant to contact the local housing authority.
  2.23     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  2.24  256J.37, subdivision 3b, is amended to read: 
  2.25     Subd. 3b.  [TREATMENT OF SUPPLEMENTAL SECURITY INCOME.] 
  2.26  Effective July 1, 2003 2005, the county shall reduce the cash 
  2.27  portion of the MFIP grant by $125 per SSI recipient who resides 
  2.28  in the household, and who would otherwise be included in the 
  2.29  MFIP assistance unit under section 256J.24, subdivision 2, but 
  2.30  is excluded solely due to the SSI recipient status under section 
  2.31  256J.24, subdivision 3, paragraph (a), clause (1).  If the SSI 
  2.32  recipient receives less than $125 of SSI, only the amount 
  2.33  received shall be used in calculating the MFIP cash assistance 
  2.34  payment.  This provision does not apply to relative caregivers 
  2.35  who could elect to be included in the MFIP assistance unit under 
  2.36  section 256J.24, subdivision 4, unless the caregiver's children 
  3.1   or stepchildren are included in the MFIP assistance unit. 
  3.2      Sec. 3.  [EFFECTIVE DATE.] 
  3.3      Sections 1 and 2 are effective July 1, 2004.