Poverty Law 1MFIP-S Five Year Time Limit

Overview of Emergency Assistance Programs

Adjunct Professor Monica Bogucki

2013 copyright Monica Bogucki

Overview of Emergency Assistance Programs

▪MFIP-EA, Special Session, Chapter 14, Article 1, Section 94, Minn. Stat. 256J.626 (consolidated fund)

▪Minn. Supplemental Assistance-EA, Minn. Stat. 256D.46 (repealed effective Nov. 1, 2011)

▪Emergency General Assistance, Minn. Stat 256D.06, subd.2

▪Some counties use all county funds

MFIP-EA is no longer uniform state program

Each county determines the eligibility criteria for that county

▪Counties are not required to have a MFIP-EA program

Ask the county for a copy of its guidelines

MFIP-S Emergency Assistance

▪MFIP-EA- every county has different rules▪Some counties, participants can receive MFIP-

EA once every 12 months▪Some counties, participants can receive MFIP-

EA once in a lifetime

Use once every 12 months

▪Emergency General Assistance, Minn. Stat. 256.D.06, subd. 2

▪Minnesota Supplemental Assistance Emergency Assistance, Minn. Stat. 256D.46, subd. 3 (repealed 2011 Special Session, program ends November 1, 2011

Assess every person in the household

Determine each person in the household and which government benefit program, each person is receiving

Other items that may be covered emergency assistance

▪Mortgage foreclosures; contract for deed cancellations

▪Home repair- roof, foundation, wiring, heating system, chimney, water and sewer system

▪Utility costs-water, sewer, electric, gas, heating includes wood heat too.

Emergency General Assistance also covers

▪Each county will define emergencies for the Emergency General Assistance program effective November 1, 2011

▪Minn. Stat. 256D.02, subd. 2

Emergency General Assistance

▪Primarily state funding▪Broader categories of eligibility▪12 MONTH RULE NOW APPLIES TO EGA

Cost Effective

What is cost effective?

What if the emergency is not cost effective?

What is the Minnesota Department of Human Services Combined Manual?

▪Financial workers have access to this and usually do not see statutes

▪Available on the internet at Minnesota Department of Human Services website

▪www.dhs.state.mn.us▪What if this manual is more restrictive than

the statute?

MFIP-S ProgramFIVE YEAR TIME LIMIT

Exemptions vs. Extensions

Exemption-if eligible for exemption, the month does not count towards 5 year limit

Extension-extends benefits beyond five years by using state funds

Families started to reach the five year time limit in July 2002

▪Some families are eligible for an extension or exemptions

Family Violence Waiver-exemption

▪Caregiver must have an approved safety plan/employment plan

▪Those months will not count towards the five year time limit.

▪Minn. Stat. 256J.42 subd. 4▪Minn. Stat. 256J.425 subd. 3(4)▪Minn. Stat. 256J.521, subd. 3

Family Violence Waiver

The family violence waiver/employment plan must be prepared by job counselor and domestic abuse counselor.

May NOT require the participant to get an order for protection or to attend counseling.Minn. Stat. 256J.521,subd. 3

Exemption for caregivers age 60 or older. Minn. Stat. 256J.42 subd. 5(a)

Minor parent exemption and extension

▪18 or 19 year old caregiver who is complying with an education plan.

▪Minn. Stat. 256J.42, subd. 5(d)▪Minn. Stat. 256J.425, subd. 1(a)

Hardship extensionsMinn. Stat. 256J.425. subd. 1(a)

▪If a participant is in sanction the 60th month, the participant will NOT be eligible for an extension.

Extension categories

▪Ill or incapacitated▪30 days or more▪Qualified professional’s statement ▪Minn. Stat. 256J.425, subd. 2(1)

Caring for ill family/household member extension

Lasts more than 30 days

Qualified professional statement

Minn. Stat. 256J.425, subd. 2(2)

Caregivers

With a child or adult household member who meets criteria for home care services/community-based

waiver servicesSevere emotional disturbance or Serious and persistent mental illnessMinn. Stat. 256J.425, subd. 2(3)

Unemployable--determined by vocational specialistMinn. Stat. 256J.425, subd. 3(2)(i)

IQ below 80

Minn. Stat. 256J.425, subd 3(2)(ii)

Learning disability

limits ability to obtain employment

Minn. Stat. 256J.425, subd 3(3)

Work activities

One parent assistance unit work activities 30 hours per week of which 25 hours are in employment

Minn. Stat. 256J.425, subd 4(1)

Work activities

Two parent assistance unit work activities 55 hours per week

Minn. Stat. 256J.425, subd. 4(2)

Five year extension case studies

Small group exercise