256J.30 Applicant and participant requirements and responsibilities.
Subdivision 1. Applicant reporting requirements. An applicant must provide information on an application form and supplemental forms about the applicant's circumstances which affect MFIP-S eligibility or the assistance payment. An applicant must report changes identified in subdivision 9 while the application is pending. When an applicant does not accurately report information on an application, both an overpayment and a referral for a fraud investigation may result. When an applicant does not provide information or documentation, the receipt of the assistance payment may be delayed or the application may be denied depending on the type of information required and its effect on eligibility.
Subd. 2. Requirement to apply for other benefits. An applicant or participant must apply for and follow through with appealing any denials of eligibility for benefits from other programs for which the applicant or participant is potentially eligible and which would, if received, offset assistance payments. An applicant's or participant's failure to complete application for these benefits without good cause results in denial or termination of assistance. Good cause for failure to apply for these benefits is allowed when circumstances beyond the control of the applicant or participant prevent the applicant or participant from making an application.
Subd. 3. Responsibility to inquire. An applicant or participant who does not know or is unsure whether a given change in circumstances will affect the applicant's or participant's MFIP-S eligibility or assistance payment must contact the county agency for information.
Subd. 4. Participant's completion of recertification of eligibility form. A participant must complete forms prescribed by the commissioner which are required for recertification of eligibility according to section 256J.32, subdivision 6.
Subd. 5. Monthly MFIP-S household reports. Each assistance unit with a member who has earned income or a recent work history, and each assistance unit that has income deemed to it from a financially responsible person must complete a monthly MFIP-S household report form. "Recent work history" means the individual received earned income in the report month or any of the previous three calendar months even if the earnings are excluded. To be complete, the MFIP-S household report form must be signed and dated by the caregivers no earlier than the last day of the reporting period. All questions required to determine assistance payment eligibility must be answered, and documentation of earned income must be included.
Subd. 6. Six-month MFIP-S household report. Assistance units that are not required to report monthly under subdivision 5 must complete an MFIP-S household report form every six months. To be complete, the MFIP-S household report form must be signed and dated by the caregiver or caregivers no earlier than the last day of the reporting period. All questions required to determine assistance payment eligibility must be answered and documentation of earned income must be included.
Subd. 7. Due date of MFIP-S household report. An MFIP-S household report form must be received by the county agency by the eighth calendar day of the month following the reporting period covered by the form. When the eighth calendar day of the month falls on a weekend or holiday, the MFIP-S household report form must be received by the county agency the first working day that follows the eighth calendar day. The county agency must send a notice of termination because of a late or incomplete MFIP-S household report form.
Subd. 8. Late MFIP-S household report forms. Paragraphs (a) to (d) apply to the reporting requirements in subdivision 7.
(a) When a caregiver submits an incomplete MFIP-S household report form before the last working day of the month on which a ten-day notice of termination can be issued, the county agency must return the incomplete form on or before the ten-day notice deadline or any previously sent ten-day notice of termination is invalid.
(b) When a complete MFIP-S household report form is not received by a county agency before the last ten days of the month in which the form is due, the county agency must send a notice of proposed termination of assistance. When a caregiver submits an incomplete form on or after the date a notice of proposed termination has been sent, the termination is valid unless the caregiver submits a complete form before the end of the month.
(c) An assistance unit required to submit an MFIP-S household report form is considered to have continued its application for assistance if a complete MFIP-S household report form is received within a calendar month after the month in which assistance was received and assistance shall be paid for the period beginning with the first day of the month in which the report was due.
(d) A county agency must allow good cause exemptions from the reporting requirements under subdivisions 5 and 6 when any of the following factors cause a caregiver to fail to provide the county agency with a completed MFIP-S household report form before the end of the month in which the form is due:
(1) an employer delays completion of employment verification;
(2) a county agency does not help a caregiver complete the MFIP-S household report form when the caregiver asks for help;
(3) a caregiver does not receive an MFIP-S household report form due to mistake on the part of the department or the county agency or due to a reported change in address;
(4) a caregiver is ill, or physically or mentally incapacitated; or
(5) some other circumstance occurs that a caregiver could not avoid with reasonable care which prevents the caregiver from providing a completed MFIP-S household report form before the end of the month in which the form is due.
Subd. 9. Changes that must be reported. A caregiver must report the changes or anticipated changes specified in clauses (1) to (16) within ten days of the date they occur, within ten days of the date the caregiver learns that the change will occur, at the time of the periodic recertification of eligibility under section 256J.32, subdivision 6, or within eight calendar days of a reporting period as in subdivision 5 or 6, whichever occurs first. A caregiver must report other changes at the time of the periodic recertification of eligibility under section 256J.32, subdivision 6, or at the end of a reporting period under subdivision 5 or 6, as applicable. A caregiver must make these reports in writing to the county agency. When a county agency could have reduced or terminated assistance for one or more payment months if a delay in reporting a change specified under clauses (1) to (16) had not occurred, the county agency must determine whether a timely notice under section 256J.31, subdivision 4, could have been issued on the day that the change occurred. When a timely notice could have been issued, each month's overpayment subsequent to that notice must be considered a client error overpayment under section 256J.38. Changes in circumstances which must be reported within ten days must also be reported on the MFIP-S household report form for the reporting period in which those changes occurred. Within ten days, a caregiver must report:
(1) a change in initial employment;
(2) a change in initial receipt of unearned income;
(3) a recurring change in unearned income;
(4) a nonrecurring change of unearned income that exceeds $30;
(5) the receipt of a lump sum;
(6) an increase in assets that may cause the assistance unit to exceed asset limits;
(7) a change in the physical or mental status of an incapacitated member of the assistance unit if the physical or mental status is the basis of exemption from an MFIP-S work and training program;
(8) a change in employment status;
(9) a change in household composition, including births, returns to and departures from the home of assistance unit members and financially responsible persons, or a change in the custody of a minor child;
(10) a change in health insurance coverage;
(11) the marriage or divorce of an assistance unit member;
(12) the death of a parent, minor child, or financially responsible person;
(13) a change in address or living quarters of the assistance unit;
(14) the sale, purchase, or other transfer of property;
(15) a change in school attendance of a custodial parent or an employed child; and
(16) filing a lawsuit, a workers' compensation claim, or a monetary claim against a third party.
Subd. 10. Cooperation with health care benefits. (a) The caregiver of a minor child must cooperate with the county agency to identify and provide information to assist the county agency in pursuing third-party liability for medical services.
(b) A caregiver must assign to the department any rights to health insurance policy benefits the caregiver has during the period of MFIP-S eligibility.
(c) A caregiver must identify any third party who may be liable for care and services available under the medical assistance program on behalf of the applicant or participant and all other assistance unit members.
(d) When a participant refuses to identify any third party who may be liable for care and services, the recipient must be sanctioned as provided in section 256J.46, subdivision 1. The recipient is also ineligible for medical assistance for a minimum of one month and until the recipient cooperates with the requirements of this subdivision.
Subd. 11. Requirement to assign support and maintenance rights. To be eligible for MFIP-S, the caregiver must assign all rights to child support and spousal maintenance benefits according to sections 256.74, subdivision 5, and 256.741, if enacted.
Subd. 12. Requirement to provide social security numbers. Each member of the assistance unit must provide the member's social security number to the county agency, except for members in the assistance unit who are qualified noncitizens who are victims of domestic violence as defined under section 256J.08, subdivision 73, clause (7). When a social security number is not provided to the county agency for verification, this requirement is satisfied when each member of the assistance unit cooperates with the procedures for verification of numbers, issuance of duplicate cards, and issuance of new numbers which have been established jointly between the Social Security Administration and the commissioner.
HIST: 1997 c 85 art 1 s 18
Official Publication of the State of Minnesota
Revisor of Statutes