1997 Minnesota Statutes

     256.73 Assistance, recipients. 

    Subdivision 1. Repealed, 1997 c 85 art 1 s 74; 1Sp1997 c 
 5 s 12 

    Subd. 1a.    Use of Code of Federal Regulations.  In the 
 event that federal block grant legislation eliminates the 
 federal regulatory basis for AFDC, the state shall continue to 
 determine eligibility for Minnesota's AFDC program using the 
 provisions of Code of Federal Regulations, title 45, as 
 constructed on the day prior to their federal repeal, except as 
 expressly superseded in sections 256.72 to 256.87, or as 
 superseded by federal law, or as modified by state rule or by 
 regulatory waivers granted to the state. 

    Subd. 1b. Repealed, 1997 c 85 art 1 s 74; 1Sp1997 c 5 s 
 12 

    Subd. 2.    Allowance barred by ownership of property.  
 Ownership by an assistance unit of property as follows is a bar 
 to any allowance under sections 256.72 to 256.87: 

    (1) The value of real property other than the homestead, 
 which when combined with other assets exceeds the limits of 
 paragraph (2), unless the assistance unit is making a good faith 
 effort to sell the nonexcludable real property.  The time period 
 for disposal must not exceed nine consecutive months.  The 
 assistance unit must sign an agreement to dispose of the 
 property and to give the local agency a lien to secure repayment 
 of benefits received by the assistance unit during the 
 nine-month period covered by the agreement.  The provisions of 
 section 514.981, subdivisions 2, paragraphs (a), clauses (1), 
 (3), (4), and (5), and (e); 4 and 5, paragraphs (a), clause (2), 
 and (b), clauses (3) and (4), and (d); and 6; section 514.982, 
 subdivisions 1, clauses (1), (2), and (4); and 2; and sections 
 514.983 and 514.984, regarding medical assistance liens, shall 
 apply to AFDC liens under this section, except that the filing 
 fees paid by the county agency under this section shall be 
 deducted from recoveries made under this lien provision.  For 
 purposes of this paragraph, all references in sections 514.981 
 to 514.984, to medical assistance liens and to medical 
 assistance benefits shall be construed to be references to AFDC 
 liens and to AFDC benefits, respectively.  If the property is 
 intentionally sold at less than fair market value or if a good 
 faith effort to sell the property is not being made, the 
 overpayment amount shall be computed using the fair market value 
 determined at the beginning of the nine-month period.  For the 
 purposes of this section, "homestead" means the home that is 
 owned by, and is the usual residence of, the child, relative, or 
 other member of the assistance unit together with the 
 surrounding property which is not separated from the home by 
 intervening property owned by others.  "Usual residence" 
 includes the home from which the child, relative, or other 
 members of the assistance unit is temporarily absent due to an 
 employability development plan approved by the local human 
 service agency, which includes education, training, or job 
 search within the state but outside of the immediate geographic 
 area.  Public rights-of-way, such as roads which run through the 
 surrounding property and separate it from the home, will not 
 affect the exemption of the property; or 

    (2) Personal property of an equity value in excess of 
 $1,000 for the entire assistance unit, exclusive of personal 
 property used as the home, one motor vehicle of an equity value 
 not exceeding $1,500 or the entire equity value of a motor 
 vehicle determined to be necessary for the operation of a 
 self-employment business, one burial plot for each member of the 
 assistance unit, one prepaid burial contract with an equity 
 value of no more than $1,000 for each member of the assistance 
 unit, clothing and necessary household furniture and equipment 
 and other basic maintenance items essential for daily living, in 
 accordance with rules promulgated by and standards established 
 by the commissioner of human services. 

    Subd. 3.  Repealed, 1973 c 717 s 33 

    Subd. 3a.    Persons ineligible.  No assistance shall be 
 given under sections 256.72 to 256.87:  

    (1) on behalf of any person who is receiving supplemental 
 security income under title XVI of the Social Security Act 
 unless permitted by federal regulations; 

    (2) for any month in which the assistance unit's gross 
 income, without application of deductions or disregards, exceeds 
 185 percent of the standard of need for a family of the same 
 size and composition; except that the earnings of a dependent 
 child who is a full-time student may be disregarded for six 
 months per calendar year and the earnings of a dependent child 
 that are derived from the Jobs Training and Partnership Act 
 (JTPA) may be disregarded for six months per calendar year.  
 These two earnings disregards cannot be combined to allow more 
 than a total of six months per calendar year when the earned 
 income of a full-time student is derived from participation in a 
 program under the JTPA.  If a stepparent's income is taken into 
 account in determining need, the disregards specified in section 
 256.74, subdivision 1a, shall be applied to determine income 
 available to the assistance unit before calculating the unit's 
 gross income for purposes of this paragraph.  If a stepparent's 
 needs are included in the assistance unit as specified in 
 section 256.74, subdivision 1, the disregards specified in 
 section 256.74, subdivision 1, shall be applied; 

    (3) to any assistance unit for any month in which any 
 caretaker relative with whom the child is living is, on the last 
 day of that month, participating in a strike; 

    (4) on behalf of any other individual in the assistance 
 unit, nor shall the individual's needs be taken into account for 
 any month in which, on the last day of the month, the individual 
 is participating in a strike; 

    (5) on behalf of any individual who is the principal earner 
 in an assistance unit whose eligibility is based on the 
 unemployment of a parent when the principal earner, without good 
 cause, fails or refuses to accept employment, or to register 
 with a public employment office, unless the principal earner is 
 exempt from these work requirements. 

    Subd. 3b.    Eligibility not barred by working over 99 
 hours; past employment history; 30-day waiting period.  An 
 individual receiving assistance may work over 99 hours per month 
 and remain eligible for assistance, provided all other 
 requirements of the aid to families with dependent 
 children-unemployed parent program are met.  The applicant is 
 not required to demonstrate past employment history or 30 days 
 of prior unemployment to be eligible for the AFDC-unemployed 
 parent.  This subdivision is effective upon federal approval and 
 implementation of the waiver under Laws 1995, chapter 178, 
 article 2, section 46, subdivision 4. 

    Subd. 4. Repealed, 1987 c 363 s 14 

    Subd. 5.    Aid for pregnant women.  (a) For the 
 purposes of sections 256.72 to 256.87, assistance payments shall 
 be made to a pregnant woman with no other children who are 
 receiving assistance.  It must be medically verified that the 
 unborn child is expected to be born in the month the payment is 
 made or within the three-month period following the month of 
 payment.  Eligibility must be determined as if the unborn child 
 had been born and was living with her, considering the needs, 
 income, and resources of all individuals in the filing unit.  If 
 eligibility exists for this fictional unit, the pregnant woman 
 is eligible and her payment amount is determined based solely on 
 her needs, income, including deemed income, and resources.  No 
 payments shall be made for the needs of the unborn or for any 
 special needs occasioned by the pregnancy except as provided in 
 paragraph (b).  The commissioner of human services shall 
 promulgate, pursuant to the administrative procedure act, rules 
 to implement this subdivision. 

    (b) The commissioner may, according to rules, make payments 
 for the purpose of meeting special needs occasioned by or 
 resulting from pregnancy both for a pregnant woman with no other 
 children receiving assistance as well as for a pregnant woman 
 receiving assistance as provided in sections 256.72 to 256.87.  
 The special needs payments shall be dependent upon the needs of 
 the pregnant woman and the resources allocated to the county by 
 the commissioner and shall be limited to payments for medically 
 recognized special or supplemental diet needs and the purchase 
 of a crib and necessary clothing for the future needs of the 
 unborn child at birth.  

    Subd. 5a.    Parenting or pregnant minors; restriction on 
 assistance with federal exceptions.  (a) The definitions in 
 this paragraph only apply to this subdivision. 

    (1) "Minor parent" means an individual who: 

    (i) is under the age of 18; 

    (ii) has never been married or otherwise legally 
 emancipated; and 

    (iii) is either the natural parent of a dependent child 
 living in the same household or eligible for assistance paid to 
 a pregnant woman under subdivision 5. 

    (2) "Household of a parent, legal guardian, or other adult 
 relative" means the place of residence of: 

    (i) a natural or adoptive parent; 

    (ii) a legal guardian pursuant to appointment or acceptance 
 under section 260.242, 525.615, or 525.6165, and related laws; 
 or 

    (iii) another individual who is age 18 or over and related 
 to the minor parent as specified in Code of Federal Regulations, 
 title 45, section 233.90(c)(1)(v), provided that the residence 
 is maintained as a home for the minor parent and child under 
 Code of Federal Regulations, title 45, section 
 233.90(c)(1)(v)(B). 

    (3) "Adult-supervised supportive living arrangement" means 
 a private family setting which assumes responsibility for the 
 care and control of the minor parent and dependent child, or 
 other living arrangement, not including a public institution, 
 licensed by the commissioner of human services which ensures 
 that the minor parent receives adult supervision and supportive 
 services, such as counseling, guidance, independent living 
 skills training, or supervision. 

    (b) A minor parent and the dependent child who is in the 
 care of the minor parent must reside in the household of a 
 parent, legal guardian, or other adult relative, or in an 
 adult-supervised supportive living arrangement in order to 
 receive AFDC unless: 

    (1) the minor parent has no living parent or legal guardian 
 whose whereabouts is known; 

    (2) no living parent or legal guardian of the minor parent 
 allows the minor parent to live in the parent's or legal 
 guardian's home; 

    (3) the minor parent lived apart from the minor parent's 
 own parent or legal guardian for a period of at least one year 
 before either the birth of the dependent child or the minor 
 parent's application for AFDC; 

    (4) the physical or emotional health or safety of the minor 
 parent or dependent child would be jeopardized if the minor 
 parent and the dependent child resided in the same residence 
 with the minor parent's parent or legal guardian; 

    (5) the minor parent and dependent child have, on October 
 1, 1995, been living independently as part of an approved social 
 services plan for less than one year; or 

    (6) an adult supervised supportive living arrangement is 
 not available for the minor parent and the dependent child in 
 the county in which the minor currently resides.  If an adult 
 supervised supportive living arrangement becomes available 
 within the county, the minor parent and child must reside in 
 that arrangement. 

    (c) Minor applicants must be informed orally and in writing 
 about the eligibility requirements and their rights and 
 obligations under the AFDC program.  The county must advise the 
 minor of the possible exemptions and specifically ask whether 
 one or more of these exemptions is applicable.  If the minor 
 alleges one or more of these exemptions, then the county must 
 assist the minor in obtaining the necessary verifications to 
 determine whether or not these exemptions apply. 

    (d) If the county worker has reason to suspect that the 
 physical or emotional health or safety of the minor parent or 
 dependent child would be jeopardized if they resided with the 
 minor parent's parent or legal guardian, then the county worker 
 must make a referral to child protective services to determine 
 if paragraph (b), clause (4), applies.  A new determination by 
 the county worker is not necessary if one has been made within 
 the last six months, unless there has been a significant change 
 in circumstances which justifies a new referral and 
 determination. 

    (e) If a minor parent is not living with a parent or legal 
 guardian due to paragraph (b), clause (1), (2), or (4), the 
 minor parent must reside, when possible, in a living arrangement 
 that meets the standards of paragraph (a), clause (3). 

    (f) When a minor parent and dependent child live with the 
 minor parent's parent, legal guardian, or other adult relative, 
 or in an adult supervised supportive living arrangement, AFDC 
 must be paid, when possible, in the form of a protective payment 
 on behalf of the minor parent and dependent child in accordance 
 with Code of Federal Regulations, title 45, section 234.60. 

    Subd. 6.    Reports by recipient.  (a) An assistance 
 unit with a recent work history or with earned income shall 
 report monthly to the county agency on income received and other 
 circumstances affecting eligibility or assistance amounts.  All 
 other assistance units shall report on income and other 
 circumstances affecting eligibility and assistance amounts at 
 less frequent intervals, as specified by the state agency.  

    (b) An assistance unit required to submit a report on the 
 form designated by the commissioner is considered to have 
 continued its application for assistance effective the date the 
 required report is received by the county agency, if a complete 
 report is received within a calendar month after the month in 
 which assistance was received, except that no assistance shall 
 be paid for the period beginning with the end of the month in 
 which the report was due and ending with the date the report was 
 received by the county agency. 

    Subd. 7. Repealed, 1989 c 343 s 7 

    Subd. 8.    Recovery of overpayments and ATM errors.  (a)
 Except as provided in subdivision 8a, if an amount of aid to 
 families with dependent children assistance is paid to a 
 recipient in excess of the payment due, it shall be recoverable 
 by the county agency.  The agency shall give written notice to 
 the recipient of its intention to recover the overpayment. 

    (b) When an overpayment occurs, the county agency shall 
 recover the overpayment from a current recipient by reducing the 
 amount of aid payable to the assistance unit of which the 
 recipient is a member for one or more monthly assistance 
 payments until the overpayment is repaid.  All county agencies 
 in the state shall reduce the assistance payment by three 
 percent of the assistance unit's standard of need or the amount 
 of the monthly payment, whichever is less, for all overpayments 
 whether or not the overpayment is due solely to agency error.  
 For recipients receiving benefits via electronic benefit 
 transfer, if the overpayment is a result of an automated teller 
 machine (ATM) dispensing funds in error to the recipient, the 
 agency may recover the ATM error by immediately withdrawing 
 funds from the recipient's electronic benefit transfer account, 
 up to the amount of the error.  If the overpayment is due solely 
 to having wrongfully obtained assistance, whether based on a 
 court order, the finding of an administrative fraud 
 disqualification hearing or a waiver of such a hearing, or a 
 confession of judgment containing an admission of an intentional 
 program violation, the amount of this reduction shall be ten 
 percent.  In cases when there is both an overpayment and 
 underpayment, the county agency shall offset one against the 
 other in correcting the payment. 

    (c) Overpayments may also be voluntarily repaid, in part or 
 in full, by the individual, in addition to the above aid 
 reductions, until the total amount of the overpayment is repaid. 

    (d) The county agency shall make reasonable efforts to 
 recover overpayments to persons no longer on assistance in 
 accordance with standards adopted in rule by the commissioner of 
 human services.  The county agency need not attempt to recover 
 overpayments of less than $35 paid to an individual no longer on 
 assistance if the individual does not receive assistance again 
 within three years, unless the individual has been convicted of 
 fraud under section 256.98. 

    Subd. 8a.    Start work offset.  An overpayment 
 resulting from earned income received in the first month of 
 employment is not recoverable by the county agency provided the 
 aid to families with dependent children assistance unit has not 
 voluntarily quit employment, without good cause under section 
 268.09, subdivision 1, paragraph (a), in the past two years.  A 
 "start work offset" for purposes of this subdivision is the 
 amount of the overpayment the assistance unit would otherwise be 
 required to repay to the county under subdivision 8.  This 
 subdivision is effective upon federal approval and 
 implementation of the waiver under Laws 1995, chapter 178, 
 article 2, section 46, subdivision 3. 

    Subd. 9.    Appeal of overpayment determinations.  The 
 recipient may appeal the agency's determination that an 
 overpayment has occurred in accordance with section 256.045. 

    Subd. 10.    Underpayments.  The county agency shall 
 promptly repay the recipient for any underpayment.  The county 
 agency shall disregard that payment when determining the 
 assistance unit's income and resources in the month when the 
 payment is made and the following month. 

    Subd. 11.    Compliance with federal law and regulation. 
  None of the provisions in this section shall be implemented 
 to the extent that they violate federal law or regulation. 

    HIST: (8688-6) 1937 c 438 s 4; 1939 c 195 s 2; 1943 c 7 s 2; 
 1951 c 229 s 2; 1953 c 140 s 1,2; 1953 c 639 s 2; 1955 c 414 s 
 1; 1955 c 743 s 1; 1957 c 690 s 2; 1963 c 794 s 4; 1965 c 799 s 
 4; 1973 c 26 s 4; 1974 c 575 s 18; 1977 c 412 s 1,3-5; 1977 c 
 448 s 5; 1979 c 50 s 71; 1980 c 614 s 130; 1981 c 360 art 2 s 
 19; 1Sp1981 c 4 art 4 s 63; 3Sp1981 c 3 s 5-8; 1984 c 654 art 5 
 s 58; 1985 c 45 s 1; 1985 c 248 s 70; 1985 c 252 s 6-8; 1986 c 
 398 art 5 s 1; 1986 c 444; 1987 c 403 art 3 s 3; 1988 c 629 s 
 51; 1988 c 689 art 2 s 124-129,268; 1989 c 282 art 5 s 24; 1990 
 c 568 art 4 s 1,2,84; 1Sp1993 c 1 art 6 s 4-7; 1995 c 178 art 2 
 s 3-6; 1995 c 207 art 5 s 2,3; 1996 c 451 art 6 s 8,9; 1996 c 
 465 art 3 s 12-15 

*   NOTE:  Subdivisions 1a, 2, 3a, 3b, 5, 5a, 6, 8, 8a, 9, 10, 
*and 11, are repealed by Laws 1997, chapter 85, article 1, 
*section 74, effective July 1, 1998.  From January 1, 1998, to 
*March 31, 1998, the statutory sections listed in Laws 1997, 
*chapter 85, article 1, section 74, paragraph (a), apply only in 
*counties that operate an MFIP field trial and that continue to 
*provide project STRIDE services to members of the MFIP 
*comparison group, and in those counties that have not completed 
*conversion to MFIP-S employment and training services.  From 
*April 1, 1998, through June 30, 1998, the sections listed in 
*paragraph (a) are effective only in counties that operate an 
*MFIP field trial and that continue to provide project STRIDE 
*services to members of the comparison group.