1997 Minnesota Statutes

     256J.43 Interstate payment standards. 

    (a) Effective July 1, 1997, the amount of assistance paid 
 to an eligible family in which all members have resided in this 
 state for fewer than 12 consecutive calendar months immediately 
 preceding the date of application shall be the lesser of either 
 the payment standard that would have been received by the family 
 from the state of immediate prior residence, or the amount 
 calculated in accordance with AFDC or MFIP-S standards.  The 
 lesser payment must continue until the family meets the 12-month 
 requirement.  Payment must be calculated by applying this 
 state's budgeting policies, and the unit's net income must be 
 deducted from the payment standard in the other state or in this 
 state, whichever is lower.  Payment shall be made in vendor form 
 for rent and utilities, up to the limit of the grant amount, and 
 residual amounts, if any, shall be paid directly to the 
 assistance unit. 

    (b) During the first 12 months a family resides in this 
 state, the number of months that a family is eligible to receive 
 AFDC or MFIP-S benefits is limited to the number of months the 
 family would have been eligible to receive similar benefits in 
 the state of immediate prior residence. 

    (c) This policy applies whether or not the family received 
 similar benefits while residing in the state of previous 
 residence. 

    (d) When a family moves to this state from another state 
 where the family has exhausted that state's time limit for 
 receiving benefits under that state's TANF program, the family 
 will not be eligible to receive any AFDC or MFIP-S benefits in 
 this state for 12 months from the date the family moves here. 

    (e) For the purposes of this section, "state of immediate 
 prior residence" means: 

    (1) the state in which the applicant declares the applicant 
 spent the most time in the 30 days prior to moving to this 
 state; or 

    (2) the state in which an applicant who is a migrant worker 
 maintains a home. 

    (f) The commissioner shall annually verify and update all 
 other states' payment standards as they are to be in effect in 
 July of each year. 

    (g) Applicants must provide verification of their state of 
 immediate prior residence, in the form of tax statements, a 
 driver's license, automobile registration, rent receipts, or 
 other forms of verification approved by the commissioner. 

    (h) Migrant workers, as defined in section 256J.08, and 
 their immediate families are exempt from this section, provided 
 the migrant worker provides verification that the migrant family 
 worked in this state within the last 12 months and earned at 
 least $1,000 in gross wages during the time the migrant worker 
 worked in this state. 

    HIST: 1997 c 85 art 1 s 33; 1997 c 203 art 12 s 13