13 CSR 40-2.357 - Temporary Assistance Diversion Program

PURPOSE: This rule provides the eligibility requirements for the Temporary Assistance (TA) Diversion program, pursuant to Senate Bill 24 (2015).

(1) Scope. This rule describes the requirements necessary to qualify for the TA Diversion program. The program provides an alternative to Temporary Assistance (TA) benefits received on a monthly basis. The program goes into effect January 1, 2016.

(2) For purposes of this rule, the following definitions shall apply:

(A) The terms "program" and "diversion program" shall mean the TA Diversion program, unless described otherwise; and

(B) "Household" shall be defined according to the TA definition in 13 CSR 40-2.300(6).

(3) To qualify for a diversion payment, a participant must be determined eligible for TA.

(4) A participant is not eligible for this program if an adult in the participant's household has reached his or her lifetime limit of monthly Temporary Assistance for Needy Families (TANF) payments pursuant to 13 CSR 40-2.350.

(A) Effective January 1, 2016, the lifetime limit for participation in the TA program is forty-five (45) cumulative (not necessarily consecutive) months in which an adult in the household has received assistance under the TANF block grant program, pursuant to sections 601-619 of Title 42, United States Code.

(B) Months in which a participant receives a payment under the TA Diversion program do not count toward the TA lifetime limit.

(C) A participant can only receive a total of five (5) diversion program payments in his or her lifetime as a parent, guardian, or caretaker relative in a TA household. This limit includes payments from diversion programs in other states or U.S. jurisdictions.

(5) A participant applying for this program is not required to comply with the TA recipient work activity requirements, as described in 13 CSR 40-2.315, subject to subsection (A) of this section. A participant applying for this program must demonstrate good cause as described in section (7) of this rule.

(A) A participant who is actively sanctioned for non-cooperation with the TA work activity requirements under 13 CSR 40-2.315, or whose TA case has been closed due to non-cooperation with the work activity requirements, shall not qualify for a diversion payment until the sanction is ended in accordance with 13 CSR 40-2.315.

(6) An eligible participant shall not receive more than one (1) diversion program payment once during a twelve- (12-) month period.

(A) The first month in determining the twelve- (12-) month period is the month in which the diversion payment was issued.

(7) A participant requesting a diversion payment is eligible to receive a payment only if the participant establishes good cause for one (1) of the following reasons:

(A) An involuntary loss of employment, as demonstrated by a written notice from the TA participant's previous employer, unless the division determines that the participant-

1. Voluntarily quit a job; or

2. Was terminated for poor job performance or for failure to meet a condition of employment; or

(B) A catastrophic illness or accident that renders the participant unable to work temporarily or permanently, as demonstrated by a statement from a licensed medical professional. The participant shall produce a copy of medical records and a written report from a licensed medical professional, on letterhead, providing the medical diagnosis, along with any supporting medical tests and examinations that establish the existence of the medical condition and the probable duration of the medical condition. If the participant has been determined disabled by a state or federal disability determination process, a written notice from such agency shall be acceptable documentation; or

(C) The participant is a victim of an incident of domestic violence, as defined by section 455.010(5), RSMo, or of human trafficking, as defined by section 566.200(16), RSMo, that is documented by either a written self-attestation, police reports, ex parte order, or other orders or judgments issued by a court; or

(D) An employed participant is unable to care for the basic needs of his or her family due to an emergency or other event, including but not limited to-

1. An involuntary reduction in wages, as documented through pay stubs or an employer statement, to the extent that the participant qualifies for TA even though he or she is still employed; or

2. The participant temporarily loses access to adequate transportation to work or school beyond the control of the participant with no readily accessible alternate means of transportation. The participant shall produce documentation of the loss of transportation by documents such as police reports, insurance claims, repair estimates, documentation of bus route changes, towing bills, or other evidence supporting this claim; or

3. The participant temporarily loses access to child care as documented through a statement from the childcare provider, or other evidence supporting this claim; or

4. The participant has temporarily been deprived of shelter, electricity, water, heating and/or cooling, or food due to circumstances beyond the control of the participant caused by intentional or negligent acts or due to a man-made or natural disaster. The participant shall produce documentation of the event by police reports, insurance claims, repair estimates, or other evidence supporting this claim; or

5. A temporary financial hardship caused by natural or accidental death or the catastrophic illness of a household member, or a parent or sibling of a household member, including half or step-siblings; or

6. Any other event that the division determines warrants good cause, and that is supported by documentation establishing the occurrence of the event.

(8) The participant shall agree to use a diversion payment to address an issue related to the purpose of the TANF program pursuant to section 601 of Title 42, United States Code.

(A) The division shall issue a diversion payment directly to the participant by electronic benefits transfer (EBT).

(B) The participant is not eligible for TA in the month in which the diversion payment was issued.

(C) A TA payment shall not be issued to a household for any month for which a diversion payment was also issued, regardless of whether the head of household or the person receiving the payment changes.

(D) The participant is not eligible for TA for up to two (2) months following the month for which the diversion payment was approved, to the extent that the total diversion payment exceeds or equals the amount of TA for which the participant would otherwise qualify in those months. The diversion case is considered to be active during this period.

(9) The TA Diversion program is not included within the definition of "assistance" in 13 CSR 40-2.300(3).

(10) All information provided to the division by a participant in support of a request for a diversion payment shall be true, accurate, and complete.

(11) The participant shall disclose to the division all information which may impact eligibility for the diversion payment. The participant has a continuing obligation to notify the division if any information supporting the grant of the diversion payment changes within ten (10) days of the change.

(12) A participant who is aggrieved by a decision of the division under this regulation may appeal the division's decision pursuant to section 208.080, RSMo.

Notes

13 CSR 40-2.357

AUTHORITY: section 207.022, RSMo Supp. 2014, and section 208.040.5(6), RSMo Supp. 2015.* Original rule filed Jan. 15, 2016, effective July 30, 2016.

Adopted by Missouri Register June 1, 2016/Volume 41, Number 11, effective 7/31/2016