1997 Minnesota Statutes

     256D.05 Eligibility for general assistance. 

    Subdivision 1.    Eligibility.  (a) Each assistance unit 
 with income and resources less than the standard of assistance 
 established by the commissioner and with a member who is a 
 resident of the state shall be eligible for and entitled to 
 general assistance if the assistance unit is: 

    (1) a person who is suffering from a professionally 
 certified permanent or temporary illness, injury, or incapacity 
 which is expected to continue for more than 30 days and which 
 prevents the person from obtaining or retaining employment; 

    (2) a person whose presence in the home on a substantially 
 continuous basis is required because of the professionally 
 certified illness, injury, incapacity, or the age of another 
 member of the household; 

    (3) a person who has been placed in, and is residing in, a 
 licensed or certified facility for purposes of physical or 
 mental health or rehabilitation, or in an approved chemical 
 dependency domiciliary facility, if the placement is based on 
 illness or incapacity and is according to a plan developed or 
 approved by the county agency through its director or designated 
 representative; 

    (4) a person who resides in a shelter facility described in 
 subdivision 3; 

    (5) a person not described in clause (1) or (3) who is 
 diagnosed by a licensed physician, psychological practitioner, 
 or other qualified professional, as mentally retarded or 
 mentally ill, and that condition prevents the person from 
 obtaining or retaining employment; 

    (6) a person who has an application pending for, or is 
 appealing termination of benefits from, the social security 
 disability program or the program of supplemental security 
 income for the aged, blind, and disabled, provided the person 
 has a professionally certified permanent or temporary illness, 
 injury, or incapacity which is expected to continue for more 
 than 30 days and which prevents the person from obtaining or 
 retaining employment; 

    (7) a person who is unable to obtain or retain employment 
 because advanced age significantly affects the person's ability 
 to seek or engage in substantial work; 

    (8) a person who has been assessed by a vocational 
 specialist and, in consultation with the county agency, has been 
 determined to be unemployable for purposes of this clause; a 
 person is considered employable if there exist positions of 
 employment in the local labor market, regardless of the current 
 availability of openings for those positions, that the person is 
 capable of performing.  The person's eligibility under this 
 category must be reassessed at least annually.  The county 
 agency must provide notice to the person not later than 30 days 
 before annual eligibility under this item ends, informing the 
 person of the date annual eligibility will end and the need for 
 vocational assessment if the person wishes to continue 
 eligibility under this clause.  For purposes of establishing 
 eligibility under this clause, it is the applicant's or 
 recipient's duty to obtain any needed vocational assessment; 

    (9) a person who is determined by the county agency, 
 according to permanent rules adopted by the commissioner, to be 
 learning disabled, provided that if a rehabilitation plan for 
 the person is developed or approved by the county agency, the 
 person is following the plan; 

    (10) a child under the age of 18 who is not living with a 
 parent, stepparent, or legal custodian, and only if:  the child 
 is legally emancipated or living with an adult with the consent 
 of an agency acting as a legal custodian; the child is at least 
 16 years of age and the general assistance grant is approved by 
 the director of the county agency or a designated representative 
 as a component of a social services case plan for the child; or 
 the child is living with an adult with the consent of the 
 child's legal custodian and the county agency.  For purposes of 
 this clause, "legally emancipated" means a person under the age 
 of 18 years who:  (i) has been married; (ii) is on active duty 
 in the uniformed services of the United States; (iii) has been 
 emancipated by a court of competent jurisdiction; or (iv) is 
 otherwise considered emancipated under Minnesota law, and for 
 whom county social services has not determined that a social 
 services case plan is necessary, for reasons other than the 
 child has failed or refuses to cooperate with the county agency 
 in developing the plan; 

    (11) until March 31, 1998, a woman in the last trimester of 
 pregnancy who does not qualify for aid to families with 
 dependent children.  A woman who is in the last trimester of 
 pregnancy who is currently receiving aid to families with 
 dependent children may be granted emergency general assistance 
 to meet emergency needs; 

    (12) a person who is eligible for displaced homemaker 
 services, programs, or assistance under section 268.96, but only 
 if that person is enrolled as a full-time student; 

    (13) a person who lives more than four hours round-trip 
 traveling time from any potential suitable employment; 

    (14) a person who is involved with protective or 
 court-ordered services that prevent the applicant or recipient 
 from working at least four hours per day; 

    (15)(i) until March 31, 1998, a family as defined in 
 section 256D.02, subdivision 5, which is ineligible for the aid 
 to families with dependent children program; 

    (ii) unless exempt under section 256D.051, subdivision 3a, 
 each adult in the unit must participate in and cooperate with 
 the food stamp employment and training program under section 
 256D.051 each month that the unit receives general assistance 
 benefits.  The recipient's participation must begin no later 
 than the first day of the first full month following the 
 determination of eligibility for general assistance benefits.  
 To the extent of available resources, and with the county 
 agency's consent, the recipient may voluntarily continue to 
 participate in food stamp employment and training services for 
 up to three additional consecutive months immediately following 
 termination of general assistance benefits in order to complete 
 the provisions of the recipient's employability development 
 plan.  If an adult member fails without good cause to 
 participate in or cooperate with the food stamp employment and 
 training program, the county agency shall concurrently terminate 
 that person's eligibility for general assistance and food stamps 
 using the notice, good cause, conciliation and termination 
 procedures specified in section 256D.051; 

    (16) a person over age 18 whose primary language is not 
 English and who is attending high school at least half time; or 

    (17) a person whose alcohol and drug addiction is a 
 material factor that contributes to the person's disability; 
 applicants who assert this clause as a basis for eligibility 
 must be assessed by the county agency to determine if they are 
 amenable to treatment; if the applicant is determined to be not 
 amenable to treatment, but is otherwise eligible for benefits, 
 then general assistance must be paid in vendor form, for the 
 individual's shelter costs up to the limit of the grant amount, 
 with the residual, if any, paid according to section 256D.09, 
 subdivision 2a; if the applicant is determined to be amenable to 
 treatment, then in order to receive benefits, the applicant must 
 be in a treatment program or on a waiting list and the benefits 
 must be paid in vendor form, for the individual's shelter costs, 
 up to the limit of the grant amount, with the residual, if any, 
 paid according to section 256D.09, subdivision 2a. 

    (b) As a condition of eligibility under paragraph (a), 
 clauses (1), (3), (5), (8), and (9), the recipient must complete 
 an interim assistance agreement and must apply for other 
 maintenance benefits as specified in section 256D.06, 
 subdivision 5, and must comply with efforts to determine the 
 recipient's eligibility for those other maintenance benefits.  

    (c) The burden of providing documentation for a county 
 agency to use to verify eligibility for general assistance or 
 for exemption from the food stamp employment and training 
 program is upon the applicant or recipient.  The county agency 
 shall use documents already in its possession to verify 
 eligibility, and shall help the applicant or recipient obtain 
 other existing verification necessary to determine eligibility 
 which the applicant or recipient does not have and is unable to 
 obtain. 

    Subd. 1a. Repealed, 1983 c 312 art 8 s 17 

    Subd. 2.    Use of federal funds.  Effective March 31, 
 1998, notwithstanding any law to the contrary, if a single adult 
 or childless couple otherwise eligible for general assistance 
 would, but for state statutory restriction or limitation, be 
 eligible for a federally aided assistance program providing 
 benefits equal to or greater than those of general assistance, 
 the single adult or childless couple shall be eligible for that 
 federally aided program and ineligible for general assistance; 
 provided, however, that (a) nothing in this section shall be 
 construed to extend eligibility for federally aided programs to 
 persons not otherwise eligible for general assistance; (b) this 
 section shall not be effective to the extent that federal law or 
 regulation require new eligibility for federal programs to 
 persons not otherwise eligible for general assistance; and (c) 
 nothing in this section shall deny general assistance to a 
 person otherwise eligible who is determined ineligible for a 
 substitute federally aided program. 

    Subd. 3.    Residents of shelter facilities.  
 Notwithstanding the provisions of subdivisions 1 and 2, general 
 assistance payments shall be made for maintenance costs and 
 security costs which are related to providing 24-hour staff 
 coverage at the facility incurred as a result of residence in a 
 secure crisis shelter, a housing network, or other shelter 
 facilities which provide shelter services to women and their 
 children who are being or have been assaulted by their spouses, 
 other male relatives, or other males with whom they are residing 
 or have resided in the past. 

    These payments shall be made directly to the shelter 
 facility from general assistance funds on behalf of women and 
 their children who are receiving, or who are eligible to 
 receive, aid to families with dependent children or general 
 assistance.  

    In determining eligibility of women and children for 
 payment of general assistance under this subdivision, the asset 
 limitations of the aid to families with dependent children 
 program shall be applied.  Payments to shelter facilities shall 
 not affect the eligibility of individuals who reside in shelter 
 facilities for aid to families with dependent children or 
 general assistance or payments made to individuals who reside in 
 shelter facilities through aid to families with dependent 
 children or general assistance, except when required by federal 
 law or regulation.  

    Subd. 3a.    Shelter facility's right to appeal.  A 
 facility providing shelter for women and their children may 
 appeal a decision of a county agency arising from a request for 
 payment pursuant to subdivision 3.  To appeal, the shelter 
 facility shall submit a written appeal request within 30 days of 
 receiving notice of the commissioner's refusal to issue payment 
 pursuant to section 256.01, subdivision 2, paragraph (16).  The 
 appeal shall be heard by an administrative law judge according 
 to sections 14.48 to 14.62, except that the report of the 
 administrative law judge is binding on all parties.  Within 15 
 days of receipt of a written appeal request from a shelter 
 facility, the county agency shall file a request for assignment 
 of a judge together with a notice of and order for hearing 
 proposed to be issued.  The record in the contested case 
 proceeding shall not include any evidence, including records and 
 documents, developed by the commissioner in the commissioner's 
 review, pursuant to section 256.01, subdivision 2, paragraph 
 (16). 

    Subd. 4.    Consent to review records.  No person shall 
 be eligible for general assistance medical care unless the 
 person has authorized the commissioner of human services in 
 writing to examine all personal medical records developed while 
 receiving general assistance for the purpose of investigating 
 whether or not a vendor has submitted a claim for reimbursement, 
 a cost report or a rate application which the vendor knows to be 
 false in whole or in part, or in order to determine whether or 
 not the medical care provided was medically necessary.  The 
 vendor of medical care shall receive notification from the 
 commissioner at least 24 hours before the commissioner gains 
 access to such records.  A vendor of medical care shall require 
 presentation of this authorization before the state agency can 
 obtain access to such records unless the vendor already has 
 received written authorization.  Notwithstanding any other law 
 to the contrary, a vendor of medical care shall not be subject 
 to any civil or criminal liability for providing access to 
 medical records to the commissioner pursuant to this subdivision.

    Subd. 5.    Transfers of property.  The equity value of 
 real and personal property transferred without reasonable 
 compensation within 12 months preceding the date of application 
 for general assistance must be included in determining the 
 resources of an assistance unit in the same manner as in the aid 
 to families with dependent children program under chapter 256 or 
 MFIP-S under chapter 256J. 

    Subd. 6.    Assistance for persons without a verified 
 residence.  (a) For applicants or recipients of general 
 assistance or emergency general assistance who do not have a 
 verified residence address, the county agency may provide 
 assistance using one or more of the following methods: 

    (1) the county agency may provide assistance in the form of 
 vouchers or vendor payments and provide separate vouchers or 
 vendor payments for food, shelter, and other needs; 

    (2) the county agency may divide the monthly assistance 
 standard into weekly payments, whether in cash or by voucher or 
 vendor payment.  Nothing in this clause prevents the county 
 agency from issuing voucher or vendor payments for emergency 
 general assistance in an amount less than the standards of 
 assistance; 

    (3) the county agency may determine eligibility and provide 
 assistance on a weekly basis.  Weekly assistance can be issued 
 in cash or by voucher or vendor payment and can be determined 
 either on the basis of actual need or by prorating the monthly 
 assistance standard; and 

    (4) for the purposes of clauses (2) and (3), the county 
 agency may divide the monthly assistance standard as follows:  
 $50 per week for each of the first three weeks, and the 
 remainder for the fourth week. 

    (b) An individual may verify a residence address by 
 providing a driver's license; a state identification card; a 
 statement by the landlord, apartment manager, or homeowner 
 verifying that the individual is residing at the address; or 
 other written documentation approved by the commissioner. 

    (c) Notwithstanding the provisions of section 256D.06, 
 subdivision 1, if the county agency elects to provide assistance 
 on a weekly payment basis, the agency may not provide assistance 
 for a period during which no need is claimed by the individual 
 unless the individual has good cause for failing to claim need.  
 The individual must be notified, each time weekly assistance is 
 provided, that subsequent weekly assistance will not be issued 
 unless the individual claims need.  The advance notice required 
 under section 256D.10 does not apply to weekly assistance that 
 is withheld because the individual failed to claim need without 
 good cause.  

    (d) The county agency may not issue assistance on a weekly 
 basis to an applicant or recipient who has professionally 
 certified mental illness or mental retardation or a related 
 condition, or to an assistance unit that includes minor 
 children, unless requested by the assistance unit. 

    Subd. 7.    Ineligibility for general assistance.  No 
 single adult or childless couple shall be eligible for general 
 assistance during a period of disqualification because of 
 sanctions.  

    Subd. 8.    Citizenship.  (a) Effective July 1, 1997, 
 citizenship requirements for applicants and recipients under 
 sections 256D.01 to 256D.03, subdivision 2, and 256D.04 to 
 256D.21 shall be determined the same as under section 256J.11, 
 except that legal noncitizens who are applicants or recipients 
 must have been residents of Minnesota on March 1, 1997.  Legal 
 noncitizens who arrive in Minnesota after March 1, 1997, and 
 become elderly or disabled after that date, and are otherwise 
 eligible for general assistance can receive benefits under this 
 section.  The income and assets of sponsors of noncitizens shall 
 be deemed available to general assistance applicants and 
 recipients according to the Personal Responsibility and Work 
 Opportunity Reconciliation Act of 1996, Public Law Number 
 104-193, title IV, sections 421 and 422, and subsequently set 
 out in federal rules. 

    (b) As a condition of eligibility, each legal adult 
 noncitizen in the assistance unit who has resided in the country 
 for four years or more and who is under 70 years of age must: 

    (1) be enrolled in a literacy class, English as a second 
 language class, or a citizen class; 

    (2) be applying for admission to a literacy class, English 
 as a second language class, and is on a waiting list; 

    (3) be in the process of applying for a waiver from the 
 Immigration and Naturalization Service of the English language 
 or civics requirements of the citizenship test; 

    (4) have submitted an application for citizenship to the 
 Immigration and Naturalization Service and is waiting for a 
 testing date or a subsequent swearing in ceremony; or 

    (5) have been denied citizenship due to a failure to pass 
 the test after two attempts or because of an inability to 
 understand the rights and responsibilities of becoming a United 
 States citizen, as documented by the Immigration and 
 Naturalization Service or the county. 

    If the county social service agency determines that a legal 
 noncitizen subject to the requirements of this subdivision will 
 require more than one year of English language training, then 
 the requirements of clause (1) or (2) shall be imposed after the 
 legal noncitizen has resided in the country for three years.  
 Individuals who reside in a facility licensed under chapter 
 144A, 144D, 245A, or 256I are exempt from the requirements of 
 this section. 

    HIST: 1973 c 650 art 21 s 5; 1974 c 297 s 2; 1977 c 428 s 7; 
 1980 c 349 s 10; 1980 c 544 s 1; 1981 c 360 art 2 s 36,54; 
 1Sp1981 c 4 art 4 s 22,23; 1982 c 633 s 8,9; 1983 c 312 art 1 s 
 27; 1984 c 654 art 5 s 58; 1Sp1985 c 9 art 2 s 59; 1Sp1985 c 14 
 art 9 s 75; 1986 c 444; 1987 c 270 s 2; 1987 c 384 art 3 s 5; 
 1987 c 403 art 2 s 106; art 3 s 31; 1989 c 282 art 5 s 50,51; 
 1990 c 568 art 4 s 84; 1990 c 611 s 3; 1991 c 255 s 19; 1991 c 
 292 art 5 s 32-35; 1992 c 513 art 8 s 18; 1Sp1993 c 1 art 6 s 
 30; 1995 c 178 art 2 s 30; art 6 s 1,17; 1995 c 207 art 5 s 7; 
 1996 c 465 art 3 s 32; 1997 c 85 art 3 s 30-34; 1997 c 203 art 
 12 s 5,6 

*   NOTE:  The amendment to subdivision 7 by Laws 1997, chapter 
*85, article 3, section 33, is effective March 31, 1998.  Laws 
*1997, chapter 85, article 3, section 57.