Iowa Administrative Code › Agency 441 - Human Services Department › Title IV - Family Investment Program › Chapter 40 - Application for Aid › Rule 441-40.21 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Applicant"
means a person for whom
				  assistance is being requested, parent(s) living in the home with the
				  child(ren), and the nonparental relative as defined in 441-subrule 41.22(3) who
				  is requesting assistance for the child(ren).
"Assistance unit"
includes any person whose
				  income is considered when determining eligibility or the family investment
				  program grant amount.
"Casino, gambling casino, or gaming
				  establishment"
means an establishment with a primary purpose of
				  accommodating the wagering of money. It does not include:
1. A grocery store which sells groceries including staple
				  foods and which also offers, or is located within the same building or complex
				  as, casino, gambling, or gaming activities; or
2. Any other establishment that offers casino, gambling, or
				  gaming activities incidental to the principal purpose of the business.
An automated teller machine (ATM) or a point-of-sale (POS)
				  terminal located within those areas of an establishment where individuals are
				  banned due to age restrictions associated with gambling, established by state
				  or federal law or by any other regulatory entity having the authority to do so,
				  is considered to be in a casino, gambling casino, or gaming
				  establishment.
"Central office "
shall mean the state
				  administrative office of the department of human services.
"Change in income "
means a permanent change
				  in hours worked or rate of pay, any change in the amount of unearned income, or
				  the beginning or ending of any income.
"Department"
shall mean the Iowa department
				  of human services.
"Dependent"
means an individual who can be
				  claimed by another individual as a dependent for federal income tax
				  purposes.
"Dependent child"
or
"dependent
				  children "
means a child or children who meet the nonfinancial
				  eligibility requirements of the family investment program.
"Electronic benefit transfer transaction "
means the use of a credit or debit card service, automated teller machine,
				  point-of-sale terminal, or access to an online system for the withdrawal of
				  funds or the processing of a payment for merchandise or a service.
"Income in kind"
is any gain or benefit
				  which is not in the form of money payable directly to the eligible group
				  including nonmonetary or in-kind benefits, such as meals, clothing, and vendor
				  payments. Vendor payments are money payments which are paid to a third party
				  and not to the eligible group.
"Initial two months "
means the first two
				  consecutive months for which assistance is paid. This may include a month for
				  which a partial payment is made.
"Liquor store "
means any retail
				  establishment which sells exclusively or primarily intoxicating liquor or other
				  alcoholic beverages. Such term does not include a grocery store which sells
				  both intoxicating liquor and groceries including staple foods (within the
				  meaning of Section 3(r) of the Food and Nutrition Act of 2008 (
				  7
				  U.S.C. 2012(r))).
Unless exempt as described in this definition, a retail
				  establishment meets the definition of a liquor store when it has a North
				  American Industry Classification System (NAICS) number that categorizes the
				  retail establishment as either a beer, wine and liquor store or as a drinking
				  place (alcoholic beverages). A retail establishment that does not have either
				  type of NAICS code is considered to exclusively or primarily sell intoxicating
				  liquor when 95 percent or more of the retail establishment's gross sales are
				  from intoxicating liquor and it is not a United States Department of
				  Agriculture-certified Supplemental Nutrition Assistance Program (SNAP)
				  retailer.
Whenever
"medical institution "
is used in
				  this title, it shall mean a facility which is organized to provide medical
				  care, including nursing and convalescent care, in accordance with accepted
				  standards as authorized by state law and as evidenced by the facility's
				  license. A medical institution may be public or private. Medical institutions
				  include the following:
1. Hospitals
2. Extended care facilities (skilled nursing)
3. Intermediate care facilities
4. Mental health institutions
5. Hospital schools
"Needy specified relative "
means a
				  nonparental specified relative, listed in 441-subrule 41.22(3), who meets all
				  the eligibility requirements to be included in the family investment
				  program.
"Parent"
means a legally recognized parent,
				  including an adoptive parent, or a biological father if there is no legally
				  recognized father.
"Payment month "
means the calendar month
				  for which assistance is paid.
"Payment standard"
means the total needs of
				  a group as determined by adding need according to the schedule of basic needs,
				  described in 441-subrule 41.28(2), to any allowable special needs, described in
				  441-subrule 41.28(3).
"Promoting independence and self-sufficiency through
				  employment, job opportunities, and basic skills (PROMISE JOBS) program
				  "
means the department's work and training program as described in
				  441-Chapter 93.
"Prospective budgeting"
means the
				  determination of eligibility and the amount of assistance for a calendar month
				  based on the best estimate of income and circumstances which will exist in that
				  calendar month.
"Qualified alien "
means an alien:
1. Who is lawfully admitted for permanent residence in the
				  United States under the Immigration and Nationality Act (INA);
2. Who is granted asylum in the United States under Section
				  208 of the INA;
3. Who is a refugee admitted to the United States under
				  Section 207 of the INA;
4. Who is paroled into the United States under Section
				  212(d)(5) of the INA for a period of at least one year;
5. Whose deportation from the United States is withheld under
				  Section 243(h) of the INA as in effect before April 1, 1997, or under Section
				  241(b)(3) of the INA as amended to December 20, 2010;
6. Who is granted conditional entry to the United States
				  pursuant to Section 203(a)(7) of the INA as in effect before April 1,
				  1980;
7. Who is admitted to the United States as an Amerasian as
				  described in
				  8
				  U.S.C. Section
				  1612(b)(2)(A)(n)(V);
8. Who is a Cuban/Haitian entrant to the United States as
				  described in
				  8
				  U.S.C. Section
				  1641(b)(7);
9. Who is a battered alien as described in
				  8
				  U.S.C. Section 1641(c);
				  or
10. Who is certified as a victim of trafficking as described
				  in Section 107(b)(1)(A) of Public Law 106-386 as amended
				  to December 20, 2010.
"Qualifying quarters "
means all of the
				  qualifying quarters of coverage as defined under Title II of the Social
				  Security Act that were worked by a parent of an alien while the alien was under
				  the age of 18 and all of the qualifying quarters that were worked by a spouse
				  of the alien during their marriage if the alien remains married to the spouse
				  or the spouse is deceased. No qualifying quarter of coverage that is creditable
				  under Title II of the Social Security Act for any period beginning after
				  December 31, 1996, may be credited to an alien if the parent or spouse of the
				  alien received any federal means-tested public benefit during the period for
				  which the qualifying quarter is so credited.
"Recipient"
means a person for whom
				  assistance is paid, parent(s) living in the home with the eligible child(ren)
				  and nonparental relative as defined in 441-subrule 41.22(3) who is receiving
				  assistance for the child(ren). Unless otherwise specified, a person is not a
				  recipient for any month in which the assistance issued for that person is
				  subject to recoupment because the person was ineligible.
"Retail establishment which provides adult-oriented
				  entertainment in which performers disrobe or perform in an unclothed state for
				  entertainment"
means an establishment that includes live entertainment
				  at locations such as, but not limited to, strip clubs and gentleman's clubs. It
				  also includes stores and theaters that exclusively or primarily sell or feature
				  adult-oriented videos and movies such as, but not limited to, adult book stores
				  and adult movie theaters. A retail establishment meets this definition when the
				  department has confirmed the primary nature of the business through the
				  description on the business's Web site, phone contact with the establishment, a
				  site visit, or other means such as common local knowledge.
"Standard of need"
means the total needs of
				  a group as determined by adding need according to the schedule of living costs,
				  described in 441-subrule 41.28(2), to any allowable special needs, described in
				  441-subrule 41.28(3).
"Stepparent"
means a person who is not the
				  parent of the dependent child, but is the legal spouse of the dependent child's
				  parent, by ceremonial or common-law marriage.
"Unborn child"
shall include an unborn child
				  during the entire term of the pregnancy.
This rule is intended to implement Iowa Code sections 239B.3,
				  239B.5,
				  and 239B.6.