Ala. Admin. Code r. 660-2-2-.36

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-2-2-.36 - Persons to Include in Assistance Unit (Budget Group)

(1) An assistance unit consists of those parents receiving or applying for aid. Parents, stepparents and siblings must be included in the assistance unit, unless they are ineligible to receive assistance due to, age or relationship, or as aliens, or are recipients of FCMP. Failure of a grantee relative (payee) to provide information necessary for determining eligibility and payment amount makes the entire assistance unit ineligible for assistance.

(2) In order for the child to be eligible, the assistance unit must include the following persons in the same family unit:

(a) A legal parent(s) in the home as defined in department program operating guidelines and/or stepparents not excluded under (3) or (5) below. EXCEPTION: Convicted parent-prisoners sentenced to do unpaid public work and permitted by court order to reside with their families.

(b) All the child's blood-related siblings or adoptive siblings under 18 or under 19 if participating in a State approved educational or training program living in the home who meet the age requirements with the exception of children who receive FCMP. Step-siblings whose legal parent resides in the home and stands as a stepparent to the applicant/recipient group are not required to be included in the assistance unit.

(3) Notwithstanding the above, certain parents, stepparents and siblings must be excluded from the assistance unit because they are not eligible for assistance. This includes:

(a) Individuals who receive FCMP and effective June 1, 1994, ACFC, or adoption assistance payments. The exclusion with respect to individuals who receive adoption assistance does not apply if excluding the child would reduce the family's FA benefits;

(b) Aliens who would be included but for certain citizenship and alienage requirements;

(c) Aliens who would be included but are ineligible due to the deemed income of resources of their sponsors, or due to the sponsorship by an agency or organization;

(d) Individuals who would be included but for ineligibility on the basis of age or relationship.

(e) Individuals who are fleeing to avoid prosecution, or custody or confinement after conviction of a felony, or violating a condition of probation or parole imposed under Federal or State law.

(f) Individuals found guilty under Federal or State law to have fraudulently misrepresented residence in order to obtain benefits from two or more State's federally funded programs under Title IV-A of the Social Security Act, Medicaid, Food Stamps or SSI. Ineligibility for cash assistance is for a 10 year period beginning on the date of conviction.

(g) Individuals convicted under Federal or State law of a felony based upon conduct occurring on or after August 22, 1996 which has as an element the possession, use or distribution of a controlled substance unless the individual has completed his or her sentence or is satisfactorily serving a sentence of probation.

(4) With respect to persons not required to be included in the assistance unit, the caretaker relative retains the right to choose who may be included or excluded from the unit as follows:

(a) Other related children, including stepchildren, nieces, etc., of the grantee may be included, if such children meet the age requirements and are otherwise eligible. (If one child of a sibling group is included, all his siblings who reside in the home and who meet age requirements must be included. When a single caretaker is providing parental guidance and control over multiple, distinct sibling groups, the groups must be consolidated into one assistance unit.)

(5) Parents, stepparents and siblings included in the assistance unit must comply with all requirements for example JOBS and enumeration. Persons otherwise required to be included but who are ineligible due to failure to meet an eligibility requirement, must be included when no longer ineligible.

Ala. Admin. Code r. 660-2-2-.36

Emergency adoption effective November 5, 1984. Permanent adoption effective February 11, 1985. Succedent emergency amendment effective April 1, 1986. Succedent permanent amendment effective July 25, 1986. Succedent emergency amendment effective September 18, 1987. Succedent permanent amendment effective December 9, 1987. Succedent permanent amendment: Filed September 6, 1994; effective October 11, 1994. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed November 18, 1998; effective December 23, 1998.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 04, January 29, 2016, eff. 2/21/2016.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 12, September 30, 2016, eff. 10/21/2016.

Author: Melody Armstrong

Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. Part 260 ; State Plan for Title IV-A; Code of Ala. 1975, Title 38; Act No. 2015-185.