1997 Minnesota Statutes

     256D.0511 Lump-sum payments. 

    Subdivision 1.    Ineligibility.  Applicants for general 
 assistance who are ineligible for AFDC due to a nonrecurring 
 lump-sum payment or recipients of general assistance are 
 ineligible for general assistance benefits for the period 
 described below unless the person demonstrates that the lump-sum 
 payment was used for basic needs.  

    Subd. 2.    Budgeting lump sums.  Nonrecurring lump-sum 
 income received by a recipient of general assistance must be 
 budgeted in the normal retrospective cycle.  Nonrecurring 
 lump-sum income received by an applicant for general assistance 
 who is ineligible for AFDC due to a nonrecurring lump-sum 
 payment is prospectively budgeted. 

    Subd. 3.    Period of ineligibility.  The period of 
 ineligibility determined under the AFDC program shall be used 
 when computing eligibility for applicants for general assistance 
 who are ineligible for AFDC due to receipt of a nonrecurring 
 lump-sum payment.  Recipients of general assistance who receive 
 nonrecurring lump-sum income shall have their period of 
 ineligibility determined using the AFDC policy defined in 
 section 256.74, subdivision 1. 

    Subd. 4.    Shortening a period of ineligibility.  
 Applicants for general assistance who are ineligible for AFDC 
 due to receipt of a lump sum must cooperate in determining if 
 the AFDC period of ineligibility can be shortened under section 
 256.74, subdivision 1, as a condition of eligibility for general 
 assistance.  For applicants and recipients of general 
 assistance, the period of ineligibility must be shortened when 
 the assistance unit provides documentation that part or all of 
 the lump-sum income has been expended for basic needs as defined 
 in subdivision 5. 

    Subd. 5.    Definitions.  As used in this section, the 
 following words have the meanings given: 

    (1) "assistance unit," for purposes of applying the 
 lump-sum provision, is defined as all persons whose needs are 
 taken into account in determining eligibility and the amount of 
 assistance payment; and 

    (2) "basic needs" are defined as the minimum personal 
 requirements of subsistence and are restricted to: 

    (i) food; 

    (ii) clothing; 

    (iii) shelter; 

    (iv) utilities; 

    (v) other items of which the loss or lack of is determined 
 by the county agency to pose a direct immediate threat to the 
 physical health or safety of a member of the assistance unit; 

    (vi) education, training, and work expenses necessary to 
 become economically self-sufficient; and 

    (vii) medical expenses.  

    HIST: 1995 c 178 art 2 s 31; art 6 s 17