Mo. Code Regs. tit. 13 § 40-2.140
Current through Register Vol. 49, No. 24, December 16, 2024
Section 13 CSR 40-2.140 - Limitations on Amount of Cash PaymentsPURPOSE: This rule outlines the restrictions or limitations placed on certain types of cash payments.
(1) Receipt of General Relief (GR) and Other Types of Assistance. (A) Persons receiving Supplemental Payments (SPs), Supplemental Aid to the Blind (SAB) or Blind Pension (BP) will not be eligible for additional assistance from GR funds except that persons who were on the GR rolls in December 1973 may receive SPs if their total income was reduced because of the Supplemental Security Income (SSI) program. Persons eligible for Aid to Dependent Children (ADC) must be transferred from GR to ADC immediately. Persons receiving Aid to Families with Dependent Children (AFDC) Emergency Assistance will not be eligible for GR funds during the month in which they receive AFDC Emergency Assistance. (Original rule filed Sept. 26, 1951, effective Oct.6, 1951. Amended: Nov. 29, 1973, effective Dec. 9, 1973.)(2) To be eligible for GR, Aid to the Blind (AB) or BP, a GR, AB or BP claimant must apply for SSI benefits if it appears that s/he would be eligible for the benefits. Claimants for BP must be found ineligible for SSI benefits before they may be approved for BP. GR recipients who are subsequently approved or reinstated for SSI will have deducted from their initial SSI award, whether due to approval or reinstatement, an amount equal to the GR cash payments made pending the approval for or reinstatement of SSI in accordance with section 1631 of the Social Security Act. Refusal by a GR claimant to sign an agreement to have the amount deducted from his/her initial SSI award will create ineligibility for the GR claimant. (Original rule filed Nov. 29, 1973, effective Dec. 9, 1973.)(3) Those persons who are eligible for state SPs, ADC, BP, GR or SAB payments will not be eligible for Supplemental Nursing Care (SNC) benefits. In addition, those persons who are eligible for vendor payments in their behalf for professional nursing home or intermediate care facility care under Title XIX will not be eligible for SNC benefits. (Original rule filed Nov. 29, 1973, effective Dec. 9, 1973.)(4) Parents in the home or needy eligible caretaker relatives who are recipients of SSI shall not be eligible for AFDC or Title XIX. Children who are under the age of eighteen (18) and who are recipients of SSI shall not be eligible for AFDC but shall be eligible for Title XIX. The expenses, income and resources of these SSI recipients will not be counted in determining AFDC eligibility of other members of an AFDC family. If a recipient of SSI makes income available to the AFDC household or pays any of the expenses of the AFDC household, the income will not be included on the AFDC budget. The person may elect to receive AFDC rather than SSI if the person meets all AFDC eligibility requirements. (Original rule filed Jan. 2, 1974, effective Jan. 12, 1974. Amended: Feb. 6, 1975, effective Feb. 16, 1975.)(5) Any person who is ineligible for SSI because his/her income exceeds the maximum allowable by the Social Security Administration (SSA) is ineligible for GR. (A) Any person applying for SSI and GR will be eligible for GR, if otherwise eligible, pending certification of eligibility for SSI. If however, the applicant is obviously ineligible for SSI on the basis of income, the application will be held and rejected upon denial by the SSA. If the GR application is approved and the SSI application is later denied on the basis of his/her income, his/her GR case must be closed.(B) A determination of ineligibility for SSI on the basis of income must be made by the SSA district office. (Original rule filed July 7, 1975, effective July 17, 1975. Amended: Nov. 4, 1975, effective Nov. 14, 1975.)(6) All persons who meet the definition of a Temporary Assistance household must have their eligibility explored under Temporary Assistance before having their eligibility for GR explored. Any person whose eligibility has been explored under Temporary Assistance and is found to be ineligible for Temporary Assistance because of the following reasons shall be ineligible for GR: (A) The person refuses to cooperate in establishing his/her eligibility for Temporary Assistance (this would include persons who refuse to apply for a Social Security number, refuse to participate in work activities, refuse to make an assignment of support rights, refuse to cooperate in the identification or location of absent parents, refuse to participant in self-sufficiency pact or an assessment pursuant to 13 CSR 40-2.370, and the like);(B) Relationship to the payee who is not a legal guardian cannot be established for children under eighteen (18);(C) The budget shows no need;(D) The available resources exceed the maximum allowed;(E) The children are not deprived of parental support;(F) The person meets the prohibition in 13 CSR 40-2.305, 13 CSR 40-2.340, 13 CSR 40-2.345, 13 CSR 40-2.355, 13 CSR 40-2.360, or 13 CSR 40-2.365; or(G) The person is ineligibile due to the lifetime limits outlined in 13 CSR 40-2.350.(7) Persons wishing to withdraw or terminate their eligibility for SSI benefits may do so by contacting their nearest Social Security office. Persons voluntarily withdrawing from or terminating their SSI benefits will be ineligible for SP or any other category of public assistance administered by the Division of Family Services, except ADC. This ineligibility for public assistance benefits would be effective for the month in which the withdrawal or termination from SSI is effective. (Original rule filed July 7, 1975, effective July 17, 1975.) AUTHORITY: section 207.020, RSMo 2000.* Filing dates for original rules are shown in the text of the rule. This version filed March 24, 1976. Amended: Filed June 1, 1977, effective Sept. 11, 1977. Emergency amendment filed June 1, 1977, effective July 1, 1977, expired Oct. 31, 1977. Amended: Filed June 29, 1977, effective Oct. 13, 1977. Amended: Filed June 28, 1978, effective Oct. 11, 1978. Amended: Filed June 19, 1980, effective Oct. 11, 1980. Emergency amendment filed June 22, 1981, effective July 2, 1981, expired Oct. 10, 1981. Amended: Filed June 22, 1981, effective Oct. 11, 1981. Amended: Filed Dec. 10, 1981, effective March 11, 1982. Amended: Filed Feb. 23, 1989, effective May 25, 1989. Emergency amendment filed June 20, 2002, effective July 1, 2002, expired Dec. 27, 2002. Amended: Filed June 20, 2002, effective Dec. 30, 2002. *Original authority: 207.020 RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993.