Narrative: k.

Eligibility An applicant for MFIP or for DWP must meet the eligibility requirements specified in Minnesota Statutes Sections 256J.01 through 256J.95 before receiving benefits and services. All requirements under Section 408 of the Social Security Act, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 are included in Minnesota law. Assistance is provided equitably to all program recipients in accordance with State and Federal law. Neither MFIP nor DWP requires basis of eligibility tests, such as the previous AFDC 100–hour rule requirement for two–parent families. The asset limit for both programs is $2,000 for applicants and $5,000 for participants. The trade–in value limit on the first licensed vehicle excluded in determining eligibility is $10,000. In addition, the combined loan value of all other vehicles must be less than or equal to $7,500. For MFIP and DWP, statewide payment standards are based on the number of eligible persons in the assistance unit. Persons convicted of a drug offense committed after July 1, 1997 may receive cash assistance subject to the conditions set forth in Minnesota Statutes 256J.26.

There is a 60–month lifetime limit for receiving MFIP assistance with exceptions in certain situations. Time limit exceptions apply to the months in which individuals are living in Indian country (as defined in Section 1151 of Title 18, U.S.C.) or a Native Alaskan Village where the not–employed rate is over 50 percent per the provisions under 45 CFR 264.1((b)(1)(ii)). Under the MFIP program, some families are funded with segregated state funds and are exempt from the 60–month lifetime limit. Included are caregivers age 60 and over as well as minor caregivers under the age of 18, and caregivers 18– or 19–year–olds who are complying with education requirements. The months a person received cash assistance as part of the MFIP field trials are also exempted from the 60–month time limit. Hardship Extensions Extensions of the 60–month time limit are possible if any of the following hardship conditions are met: • The participant is suffering from an illness, injury, or incapacity which has been certified by a qualified professional when the illness, injury, or incapacity is expected to continue for more than 30 days, and severely limits the participant’s ability to obtain or maintain suitable employment; • The participant is a caregiver whose presence in the home is required because of an illness, injury, or incapacity of another member in the assistance unit, a relative in the household, or a foster child in the household when the illness or incapacity and the need for a person to provide assistance in the home has been certified by a qualified professional and is expected to continue for more than 30 days; • The participant is a caregiver with a child or an adult in the assistance unit who meets the disability or medical criteria for home care services or waivered services or meets the criteria for severe emotional disturbance under Minnesota statutes; • The participant is a caregiver who is employed the number of hours required by Minnesota Department of Human Services with a household income that does not exceed program standards; • The participant is determined to be hard–to–employ because the individual belongs to any of the following groups: A person diagnosed by a qualified professional as a person with developmental disability or mental illness, and the condition severely limits the person’s ability to obtain or maintain suitable employment; o A person assessed by a vocational specialist or the county agency to be unemployable; or o A person assessed to have an IQ below 80 assessed by a vocational specialist or a county agency to be employable, but the condition severely limits the person’s ability to obtain or maintain suitable employment. o A person who is determined by a qualified professional to be Learning Disabled and the condition severely limits the person’s ability to obtain or maintain suitable employment. The initial approval of a learning disability extension must have been or confirmed within the previous 12 months. Learning disabilities do not include learning problems that are primarily the result of visual, hearing or motor handicaps, mental retardation, and emotional disturbance or due to environmental, cultural or economic disadvantage.

All caregivers who are extended must develop an employment plan that meets their situation. A person who requests the Family Violence Option (per Minnesota Statute 256J.425, Hardship Extensions), and is in compliance with a modified employment plan, also meets the MFIP extension criteria. Appeals Applicants and recipients of MFIP and DWP are notified in writing of their rights and the process to follow to secure a fair hearing. When an applicant is denied services, or a participant disagrees with a county agency decision, the applicant or participant may submit a request for a hearing to the county agency or directly to the Department of Human Services Appeals Office. State Human Services judges will conduct a hearing in person at the county office or by telephone. Decisions are issued by the Commissioner within 90 days of the request for a hearing. Under certain conditions, a participant may continue to receive benefits pending an appeal decision. Reasonable expenses incurred by a recipient because of the appeal are reimbursed upon request (Minnesota Statute 256.045, Administrative and Judicial Review of Human Services Matters).