MEMORANDUM

DATE:             March 21, 2005

TO:                  All Temporary Assistance Manual Holders

FROM:            Policy and Program Development Team

                         Ellie Fitzjarrald, Chief

SUBJECT:    Alaska Temporary Assistance Manual Change #14

This manual change implements new policy on estimating income, child support assignment and cooperation, and work exemptions for medical reasons.  It also makes other technical changes.  Highlights of these policy revisions are described below.  

If you have any questions, please contact any member of the Policy and Program Development Team at 465-3347 or e-mail us at dpapolicy@health.state.ak.us.  

Estimating Income

Two recent fair hearing decisions identified an inconsistency between our policy and the federal food stamp regulations for estimating income in the application month.  This change corrects that policy.   Application month income will no longer be determined based on the amount of income received by the interview date.  Instead, the policy for estimating income will be the same for the application month and subsequent months.  

In addition, we have clarified and simplified the manual sections. The conversion factors section is simplified by addressing only the two factors that truly convert income to a monthly amount – bi-weekly 2.15 and weekly 4.3, i.e., the third and fifth paycheck situations.

We are adopting these changes for the Food Stamp, APA Adult Public Assistance , ATAP Alaska Temporary Assistance Program and Family Medicaid programs, so that policy is still aligned, with one exception.  The Family Medicaid program prohibits the use of conversion factors when converted income causes Medicaid ineligibility.  

The new policy for estimating income in the application months may be applied right away, however, it must be applied to all applications processed on and after May 1, 2005.

Child Support Assignment and Cooperation

In response to changes at the Child Support Services Division, errors found through the QARC Quality Assessment Review Committee process, and policy questions from staff, this chapter has been rewritten to clarify and improve the presentation of policy.  It has been aligned in the Temporary Assistance and Family Medicaid manuals as much as possible.

A number of the changes made clarify the processing of child support forms and the effect of noncooperation.  Even if the caretaker does not cooperate with child support requirements, children are still included in the case and benefits approved, if otherwise eligible. A penalty is imposed on the caretaker, if included in the case and they do not have good cause for not cooperating.   CSSD Child Support Services Division will still pursue enforcement of a child support or medical support order without the caretaker’s cooperation unless good cause is established.  

Work Exemptions for Medical Reasons

This manual change begins the implementation of regulations that allow an exemption from work activities only to the extent that medical reasons limit the individual’s participation in the activities.  Adults whose medical documentation indicates they can work part-time are only partially exempt from work activities.  Adults unable to work even part-time are considered fully exempt.

The only policy revision made with this manual change is to introduce the concept of full and partial exemptions from work activities.  Case managers can now require an individual to work part-time if they are able.  This is the first step in a project that will be completed this summer to review and, as necessary revise, related policies on medical documentation and pursuit of SSI Supplemental Security Income , as well as to develop new notices and work exemption codes.

OVERVIEW OF CHANGES

MS 717, Child Support Assignment and Cooperation

• Changes references from the Child Support Enforcement Division ( CSED Child Support Enforcement Division ) to the Child Support Services Division ( CSSD Child Support Services Division ).
   

• Replaces the term ”absent parent” with ”noncustodial parent”.
   

• Updates references to the Child Support Information form CSSD 1603a Child Suppport Information Form and removes forms that are no longer provided with it.  
   

• Updates and adds to the process of obtaining the completed CSSD 1603a Child Suppport Information Form form, providing the opportunity for the caretaker to claim good cause, and entering information into EIS Eligibility Information System concerning the noncustodial parent.
   

• Includes an e-mail contact at CSSD Child Support Services Division for good cause decisions made after eligibility has been determined.
   

• Adds that a pregnant woman in her third trimester with no other children in the home is not required to complete the CSSD 1603a Child Suppport Information Form form until the child is added to the case.
   

• Clarifies that a penalty is imposed on the caretaker included in the case if they do not have good cause for not cooperating with CSSD Child Support Services Division , and that CSSD Child Support Services Division will still pursue enforcement of a child support or medical support order without the caretaker’s cooperation.  The application is NOT denied or the children excluded due to the lack of CSSD Child Support Services Division cooperation.
   

• Adds instruction to notify the CSSD Child Support Services Division caseworker when payments are received that are less than $50 in the month.
   

• Adds instruction that caretakers must sign over any payments they receive from a state child support agency or in error from CSSD Child Support Services Division , in addition to the caseworker notifying the CSSD Child Support Services Division caseworker of these payments.

MS 720 Physical or Mental Inability to Perform Gainful Activity

• Clarifies that an incapacitated adult may be either fully exempt or partially exempt from work activities.

MS 730-2 Exemptions From Work Activities

• Establishes that a parent or caretaker relative may be fully or partially exempt from participating in work activities.
   

• Clarifies that a parent or caretaker relative able to work part-time is required to engage in work activities up to the limit set by the physician or other medical professional.
   

• Updates the description of the hardship and child care exemptions to reflect the current regulations and policy.
   

• Notes that a caretaker relative is required to participate in work activities up to the number of hours that appropriate child care is available.

MS 756-1, Determining the Family’s Monthly Income

• Clarifies the policy for determining the household’s monthly income.
   

• Reorganizes and expands some sections to better explain how averaging is used in converting and estimating income.
   

• Revises the conversion factors policy.
   

• Includes a reminder that Family Medicaid policy requires the worker to determine Medicaid eligibility by disregarding the third or fifth payment if using converted income causes the household to exceed the Medicaid income limit.
   

• Replaces the estimating income in application month policy with expanded sections on policy for estimating full and partial month’s income.
   

• Updates policy on using work schedules instead of pay history to apply to any situation when changes occur that result in the pay history no longer reflecting the income the individual expects to receive.

MS 758-1, Child Support Income

• Clarifies how to count child support payments and pass-through payments received by applicants and recipients.
   

• Adds references to Chapter 717 for sections on prospective eligibility and pass-through payments.  These sections will be moved to Chapter 758 in a future manual change.

MS 759-6 E, Budgeting Self-Employment Income

• Updates the annualization standards, effective April 2005

Manual Change Filing Instructions