721-1 BUDGETING STRIKER PAY
If the striking household member is no longer in strike status on the last day of the month, eligibility continues.
Strike pay is countable as unearned income, see ATAP MS 758.
Since it will not be known if an individual is ineligible for ATAP until the last day of a given month, any overpayment caused by ineligibility due to being a striker is a retroactive disqualification.
When a parent (natural or adoptive) included in the assistance unit is participating in a strike on the last day of the month, the entire assistance unit is ineligible for ATAP that month.
If strike status is confirmed for a parent on the last day of the month, the grant for the month must be recovered as an overpayment.
Example:
Jackie Dulouz and his 2 children are an ongoing ATAP recipient household. Jackie is employed by the Dharma Bus Co., whose workers (including Jackie) go on strike effective January 23. On January 31, they remain in strike status. The entire household is ineligible for ATAP in January due to Jackie's strike status. Jackie provides verification the strike officially ended February 7, and he is back at work and remains in work status on February 28. The household remains eligible for ATAP in February. A full overpayment is processed for January. As the entire household was ineligible in January, it is no longer a countable month of assistance, see ATAP MS 701-1D.
When a caretaker who is a not natural or adoptive parent (optional household member) included in the assistance unit participates in a strike on the last day of the month, the caretaker is ineligible for ATAP that month.
The needs, income, and resources of the striker are not included in the ATAP determination for that month. The portion of any grant that was issued for the striker is an overpayment.
Example:
Maggie Cassidy takes care of her 3 nephews, and they are an ongoing ATAP recipient household (adult included). Maggie is employed by Big Survey Communications, the workers of which go on strike effective February 2. Verification is provided showing Maggie is no longer on strike status effective March 7, and remains in work status March 31. Maggie is ineligible for ATAP for the month of February. February benefits are recalculated to exclude Maggie, and an overpayment is processed for her portion of February's ATAP benefits. Maggie remains eligible for March counting her regularly anticipated average gross monthly wages.
When a dependent child included in the assistance unit is participating in a strike on the last day of the month, the dependent child is ineligible for ATAP benefits that month; however, their countable income remains countable to the household. The portion of any grant that was issued for the striker is an overpayment.
Earned income exempted at ATAP MS 757-4, MS 757-5, MS 757-8, MS 757-19, or MS 757-22, remains exempt.
Example:
Maggie's 17-year old nephew Ray is no longer attending school and has been helping the household by working a part-time job. Since Ray is a dependent child and Maggie is still his primary caretaker, Ray remains included in Maggie's ongoing ATAP case. Ray works for On the Road Again Productions, but on May 6, Maggie reports Ray went on strike.
The strike finally ends and the workers of On the Road Again Productions return to work June 12. May benefits must be recalculated to exclude Ray, but count his actual income received (wages and striker pay, as applicable). Ray remains eligible for June, counting his regularly anticipated gross monthly wages.
Example:
The following summer, Ray moved out of the household and his brother, Julian, took over Ray's old part-time job at On the Road Again Productions. Julian is age 16 and currently enrolled in high school. On November 5, Maggie reports Julian has gone on strike. Verification is received that the workers stayed on strike through the holidays, returning to work January 7. ATAP benefits for November and December are recalculated to exclude Julian. Any wages Julian received remain excluded due to Julian's student status; however, strike pay received during these months is countable to the household as unearned income.
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| MC #85 (09/26) |