2007 Minnesota Statutes

256J.15 OTHER ELIGIBILITY CONDITIONS.
    Subdivision 1. Eligibility when there is court-ordered custody. The language of a court
order that specifies joint legal or physical custody does not preclude a determination that a parent
is absent. Absence must be determined based on the actual facts of the absence according to
paragraphs (a) to (c).
(a) When a minor child spends time in each of the parents' homes within a payment month,
the minor child's home shall be considered the home in which the majority of the minor child's
time is spent. When this time is exactly equal within a payment month, or when the parents
alternately live in the minor child's home within a payment month, the minor child's home shall
be with that parent who is applying for MFIP, unless the minor child's needs for the full payment
month have already been met through the provision of assistance to the other parent for that month.
(b) When the physical custody of a minor child alternates between parents for periods of at
least one payment month, each parent shall be eligible for assistance for any full payment months
the minor child's home is with that parent, except under the conditions in paragraph (c).
(c) When a minor child's home is with one parent for the majority of time in each month
for at least nine consecutive calendar months, and that minor child visits or vacations with the
other parent under section 256J.13, the minor child's home remains with the first parent even
when the stay with the second parent is for all or the majority of the months in the period of the
temporary absence.
    Subd. 2. Eligibility during labor disputes. To receive assistance when a member of an
assistance unit is on strike, or when an individual identified under section 256J.37, subdivisions
1 to 2 , whose income and assets must be considered when determining the unit's eligibility is
on strike, the assistance unit must have been receiving MFIP or have been eligible for MFIP
on the day before the strike.
The county agency must count the striker's prestrike earnings as current earnings. A
significant change cannot be invoked when a member of an assistance unit, or an individual
identified under section 256J.37, subdivisions 1 to 2, is on strike. A member of an assistance unit,
or an individual identified under section 256J.37, subdivisions 1 to 2, is not considered a striker
when that person is not in the bargaining unit that voted for the strike and does not cross the
picket line for fear of personal injury.
History: 1997 c 85 art 1 s 11; 1998 c 407 art 6 s 40; 1Sp2001 c 9 art 10 s 66