Section 468-1-004 - DEFINITIONS For use within the Aid to Dependent Children Program, the following definitions will apply unless the context in which the term is used denotes otherwise:
004.01ABSENT PARENT. A parent who is not residing in the home where his or her child(ren) is living.004.02AID TO DEPENDENT CHILDREN. A categorical program consisting of financial assistance.004.03ADEQUATE NOTICE. Notice of case action which includes a statement of what action the Department intends to take, the reason for the intended action, the specific regulation or guidance document that supports the action, or the change in federal or state law that requires the action.004.04APPLICANT. An individual who applies for program assistance.004.05APPLICATION. A verbal or written request to the Department indicating a desire to participate in the Aid to Dependent Children and Employment First Programs on a department approved form.004.06APPLICATION DATE. For new and reopened cases, the date a properly signed application is received.004.07ARREARAGE. Past due child support owed under a court order or an administrative order. If the obligor has arrearages he or she is said to be "in arrears".004.08ASSIGNMENT. The legal transfer of an individual's right to benefits to the Nebraska Department of Health and Human Services. This includes child, spousal, and medical support.004.09CASH MEDICAL SUPPORT. An amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent through employment or otherwise or for other medical costs not covered by insurance.004.10CATEGORICAL ASSISTANCE. Assistance administered by the Nebraska Department of Health and Human Services. For the purposes of this definition, it includes Aid to Dependent Children (ADC), Child Welfare Payment and Medical Services Program, Assistance to the Aged, Blind, or Disabled (AABD), State Disability Program (SDP), and the Refugee Resettlement Program (RRP).004.11CHILD SUPPORT. Money that is:(A) Ordered by a court of competent jurisdiction on behalf of a minor child; or(B) Paid by the noncustodial parent without a court order.004.12COMPONENTS. Employment First activities in which Aid to Dependent Children applicants and recipients participate. A participant may be in more than one activity.004.13CONSERVATOR. An individual appointed by a court of competent jurisdiction to control and manage the estate, property, or other business affairs of a person who, the court has determined, is unable to do so.004.14CONTRIBUTIONS. Verified payments which are paid by an individual other than a noncustodial parent: (A) Directly to a vendor on behalf of an Aid to Dependent Children unit; or(B) To an individual in the Aid to Dependent Children unit.004.15DEBT TO THE STATE. The amount of support owed to the State of Nebraska when a partial termination of the assignment is filed as a result of the Aid to Dependent Children benefits paid on behalf of the child(ren). The amount of the debt is the lesser of the following figures: (A) The total amount of Aid to Dependent Children benefits paid since February 1976 (when the assignment provisions were first implemented) minus the collections received by the Department as a result of the assignment; or(B) The total court-ordered arrearage as of the date the partial termination is filed.004.16DEPARTMENT. The Nebraska Department of Health and Human Services.004.17DEPENDENT CHILD. A child who is living in the home of a relative specified by law or a legally appointed guardian or conservator unless removed from the home by judicial determination (see Title 479) and is: (A) Unborn beginning with the first day of the mother's third trimester through age 17; or(B) Age 18 if a full-time student regularly attending a secondary school or participating in an Employment First component.004.18ELIGIBILITY PERIOD. The period of time for which a unit is eligible for Aid to Dependent Children, provided all eligibility requirements continue to be met.004.19EMANCIPATED MINOR. A child age 18 or younger who is considered an adult because he or she has:(B) Moved away from the parent(s)' home and is not receiving support from the parent(s) and it is in the child's best interests to be considered emancipated;(C) A minor who is considered emancipated pursuant to the provisions of Neb. Rev. Stat. § 71-6902.02; or(D) A child who has been judicially emancipated by a court of competent jurisdiction.004.20FINANCIALLY RESPONSIBLE INDIVIDUAL. The natural parent(s), legal parent(s), adoptive parent(s) or step-parent(s).004.21FUGITIVE FELON. A person who has been charged with a felony and who has fled from the jurisdiction of the court where the crime was committed.004.22GRANT CASE. A unit receiving an Aid to Dependent Children payment or eligible to receive payment but not receiving it because of the minimum payment provision.004.23HOUSEHOLD. Individuals living together. There may be more than one public assistance unit within a household.004.24INTENTIONAL PROGRAM VIOLATION (IPV). Any action by an individual to intentionally: (A) Make a false statement, either verbally or in writing, to obtain benefits to which the unit is not entitled;(B) Conceal information to obtain benefits to which the unit is not entitled; or(C) Alter one or more documents to obtain benefits to which the unit is not entitled.004.25LEGAL GUARDIAN. An individual appointed by a court of competent jurisdiction to be in charge of the affairs of a person who cannot effectively manage his or her own affairs because of his or her age or incapacity.004.26MINIMUM PAYMENT PROVISION. The smallest amount for which a grant is issued. No grant is issued for $ 9.99 or less.004.27MINOR PARENT. An individual age 18 or younger, with a child. If emancipated, a minor parent is treated as an adult for Aid to Dependent Children purposes.004.28MINOR PARENT HEAD OF HOUSEHOLD. A minor parent who is not living with a specified relative and has no guardian or conservator.004.29NEED. Economic need when referred to as a condition of eligibility.004.30PARTICIPANT. An individual who is required to participate in the Employment First Program.004.31PAYEE. A parent, other specified relative, or a legally appointed guardian or conservator who exercises the responsibility for the care and control of the child(ren) and to whom the assistance payment for the child(ren) is made.004.32PAYMENT MONTH. The calendar month in which assistance is paid.004.33PAYMENT STANDARD. The maximum grant payment that an Aid to Dependent Children recipient family may receive.004.34POWER OF ATTORNEY. A written statement allowing one person to act for another person. A power of attorney may be authorized generally for the management of a specified business or enterprise or more often specifically for the accomplishment of a particular transaction.004.35RECIPIENT. An individual who is receiving Aid to Dependent Children benefits.004.36RETROACTIVE PAYMENT. Any payment made during the current month but for a prior month.004.37SPECIFIED RELATIVE. A relative with whom a dependent child may live and receive assistance. The relative must be a father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, second cousin, nephew, or niece. These relatives may be half blood, related by adoption, or from a preceding generation as denoted by prefixes of grand, great, great-great, or great-great-great. A child may also live with the spouse of any persons previously named even after the marriage has been terminated by death or divorce.004.38SPOUSAL SUPPORT. Alimony or maintenance support for a spouse or former spouse.004.39STANDARD OF NEED. The initial income test in Aid to Dependent Children "gap" budgeting against which net earned income is measured. The standard of need represents the regular recurring monthly amount necessary for basic subsistence and is used to calculate a unit's Aid to Dependent Children benefit amount. The standard of need represents the monthly combined cost of food, clothing, sundries, home supplies, utilities, laundry, and shelter, including taxes and insurance. The Standard of Need Chart can be found in the corresponding Guidance Document for Chapter Two of Title 468.004.40SUPPLEMENTAL PAYMENT. Any payment made for and during the current month.004.41TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF). A block grant from the federal government which funds Aid to Dependent Children, Employment First, and some Child Care.004.42THIRD PARTY MEDICAL PAYMENT. A payment from any health insurance plan, individual, or group for medical expenses.004.43THIRD TRIMESTER OF PREGNANCY. Three calendar months prior to the month in which the child is expected to be born and the month of birth.004.44TIMELY NOTICE. A notice of case action dated and mailed at least ten calendar days before the date the action becomes effective.004.45UNIT. Eligible individuals considered in determining the grant.004.46WAIVER. A voluntary written request to terminate an Aid to Dependent Children Cash Assistance case made by a recipient.004.47WITHDRAWAL. A voluntary retraction of an application.468 Neb. Admin. Code, ch. 1, § 004
Amended effective 1/9/2017.Amended effective 8/29/2022