reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 1 - GENERAL BACKGROUND › Section 468-1-004 - DEFINITIONS

Current through June 17, 2024
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:
004.01
ABSENT PARENT.
A parent who is not residing in the
				home where his or her child(ren) is living.
004.02
AID TO DEPENDENT
				CHILDREN.
A categorical program consisting of financial
				assistance.
004.03
ADEQUATE 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.
004.04
APPLICANT.
An individual who applies for program
				assistance.
004.05
APPLICATION.
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.
004.06
APPLICATION
				DATE.
For new and reopened cases, the date a properly signed
				application is received.
004.07
ARREARAGE.
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".
004.08
ASSIGNMENT.
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.
004.09
CASH 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.
004.10
CATEGORICAL
				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).
004.11
CHILD
				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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 1 - GENERAL BACKGROUND › Section 468-1-005 - DISCLOSURE OF INFORMATION REGARDING FUGITIVE FELON

Current through June 17, 2024
If a local or state law enforcement officer provides the
				  recipient's Social Security Number and verification that the recipient is a
				  fugitive felon, the Department may disclose, with the approval of the local
				  administrator, the name and current address of an Aid to Dependent Children
				  grant individual.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 1 - GENERAL BACKGROUND › Section 468-1-006 - INDIVIDUAL RESPONSIBILITIES

Current through June 17, 2024
Individuals applying for or receiving Aid to Dependent
				  Children benefits are required to:
(A)
				Provide complete and accurate information. State and federal law provides
				penalties of a fine, imprisonment, or both for persons found guilty of
				obtaining assistance or services for which they are not eligible by making
				false statements or failing to report promptly any changes in their
				circumstances;
(B) Report a change
				in circumstance no later than ten days following the change, unless good cause
				is shown. The recipient is responsible for establishing the existence of a good
				cause circumstance. Unverified statements do not constitute good cause. Changes
				required to be reported include:
(i) Change or
				receipt of a resource;
(ii) Changes
				in who lives in the home of the Aid to Dependent Children unit;
(iii) New employment;
(1) The individual must report new employment
				within ten days of receipt of the first paycheck.
(iv) When employment has ended;
(v) Changes in the amount of monthly income,
				including:
(1) All changes in unearned income;
				and
(2) Changes in the source of
				employment, in the wage rate and in employment status, such as part-time to
				full-time or full-time to part-time. For reporting purposes for Aid to
				Dependent Children, 30 hours per week is considered fulltime.
(a) Changes in wage rate or status must be
				reported within ten days of the first paycheck being received that reflects the
				change.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 1 - GENERAL BACKGROUND › Section 468-1-007 - INDIVIDUAL RIGHTS

Current through June 17, 2024
Individuals applying for or receiving Aid to Dependent
				  Children benefits have the right to:
(A) Apply. Anyone who wishes to apply for
				assistance must be given the opportunity to do so. No one may be denied the
				right to apply for public assistance;
(B) Reasonably prompt action on their
				application for assistance;
(C)
				Adequate notice of any action affecting their application or assistance
				case;
(D) Appeal to the Director
				for a hearing on any action or inaction with regard to an application, the
				amount of the assistance payment, or failure to act with reasonable promptness.
				The appeal must be filed in writing within 90 days of the action or
				inaction;
(E) Have their
				information treated confidentially;
(F) Have their civil rights upheld. No person
				may be subjected to discrimination on the grounds of his or her race, color,
				national origin, sex, age, disability, religion or political belief;
(G) Have the program requirements and
				benefits fully explained;
(H) Be
				assisted in the application process by the person of their choice;
				and
(I) Referral to other
				agencies.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 1 - GENERAL BACKGROUND › Section 468-1-008 - APPLICATION

Current through June 17, 2024
An application must be properly signed by an individual for
				  himself or herself, by the applicant's guardian or conservator, by an
				  individual acting under a duly executed power of attorney, or by a specified
				  relative applying on behalf of, or for, a child. When adding a program to the
				  application, the application date is the date the request to add the program is
				  made. A properly signed application contains:
(A) Name;
(B) Address; and
(C) A written, electronic or telephonic
				signature in a manner consistent with the State of Nebraska's Supplemental
				Nutritional Assistance Program's requirements under Title 475.
008.01
PROMPT ACTION ON
				APPLICATIONS.
The Department has 30 days from the date the
				application is received to make an eligibility determination.
008.02
WITHDRAWALS.
The applicant may voluntarily withdraw an application.
008.03
AUTHORIZATION FOR
				INVESTIGATION.
For some sources the Department asks the individual
				to sign a Release of Information when it appears that information given is
				incorrect, when the individual is unable to furnish the necessary information,
				or for sample quality control verification. A copy of the authorization for
				information from the application for assistance may be used if the source will
				accept it.
008.04
NEW
				APPLICATION.
A new application is required after one calendar
				month of ineligibility or after an application has been
				denied.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 1 - GENERAL BACKGROUND › Section 468-1-009 - NOTICE OF ACTION

Current through June 17, 2024
A Notice of Action is sent to inform the applicant or
				  recipient of any action affecting his or her eligibility.
009.01
ADEQUATE
				NOTICE.
An adequate notice must include 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.
009.02
TIMELY
				NOTICE.
A timely notice must be dated and mailed at least ten
				calendar days before the date that action would become effective, which is
				always the first day of the month.
009.03
ADEQUATE AND TIMELY
				NOTICE.
In cases of intended adverse action, including action to
				discontinue, terminate, suspend, or reduce assistance, or to change the manner
				or form of payment or service to a more restrictive method, such as a
				protective payee, the applicant or recipient is given adequate and timely
				notice.
009.04
SITUATIONS REQUIRING ADEQUATE NOTICE ONLY.
In the
				following situations, only adequate notice is required:
(A) The Department has factual information
				confirming the death of an individual in the unit;
(B) The Department receives a written and
				signed statement from an individual in the unit:
(i) Stating that assistance is no longer
				required; or
(ii) Giving
				information which requires termination or reduction of assistance, and
				indicating, in writing, that the individual understands the consequences of
				supplying such information;
(C) An individual in the unit has been
				admitted or committed to an institution, and no longer qualifies for
				assistance;
(D) An individual in
				the unit has been placed in skilled nursing care, intermediate care, or
				long-term hospitalization or the individual is receiving assisted living waiver
				services;
(E) An individual in the
				unit's whereabouts are unknown and agency mail directed to the individual has
				been returned by the post office indicating no known forwarding
				address;
(F) An individual in the
				unit has been accepted for assistance in another state and that fact has been
				established; or
(G) A child in the
				unit is removed from the home as a result of a judicial determination or is
				voluntarily placed in foster care.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 1 - GENERAL BACKGROUND › Section 468-1-010 - ELIGIBILITY REVIEW

Current through June 17, 2024
Eligibility is redetermined every six months. Eligibility may
				  be redetermined in less than six months to coordinate review dates for more
				  than one program. An application is required as part of the eligibility review
				  and to establish a new eligibility period.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 1 - GENERAL BACKGROUND › Section 468-1-011 - COMPUTATION OF TIME

Current through June 17, 2024
In computing time prescribed or allowed by Title 468 of
				  Nebraska Administrative Code (NAC) or by any applicable statute or regulation
				  in which the method of computing time is not specifically provided, days will
				  be computed by excluding the day of the act or event and including the last day
				  of the period. If the last day of the period falls on a Saturday, Sunday, or
				  state holiday, the period shall include the next working day.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-001 - ELIGIBILITY REQUIREMENTS

Current through June 17, 2024
The following elements of eligibility must be met:
(A) Application;
(B) United States citizenship or alien
				status;
(C) Nebraska
				residence;
(D) Social Security
				number;
(E) Relative
				responsibility;
(F) Age requirement
				for a dependent child;
(G)
				Resources;
(H) Income;
(I) Cooperation with the Child Support
				Enforcement;
(J) Cooperation with
				Employment First, including the development of a Self-Sufficiency
				Contract;
(K) Cooperation in
				obtaining third party medical payments; and
(L) Other related requirements listed in
				Section 13 of this Chapter.
001.01
TIME-LIMITED PROGRAM.
For families who are subject to
				Employment First requirements, Aid to Dependent Children is a time-limited
				program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-002 - APPLICATION

Current through June 17, 2024
An application must be completed and submitted by an
				  individual for himself or herself, by the applicant's guardian or conservator,
				  by an individual acting under a duly executed power of attorney, or by a
				  specified relative applying on behalf of, or for, a child(ren).
002.01
INTERVIEW.
An
				interview is required at initial application and at least once every 12 months
				following initial application. Individuals may request a face-to-face
				interview.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-003 - CITIZENSHIP AND ALIEN STATUS

Current through June 17, 2024
In order to be eligible for Aid to Dependent Children, an
				  individual's status must be verified as one of the following:
(A) A citizen of the United States;
(B) Qualified aliens as defined in Section
				431 of the Immigration and Nationality Act (INA):
(i) An alien who was admitted as a lawful
				permanent resident (LPR) and has resided in the United States for at least five
				calendar years from the date of entry or who has worked or can be credited with
				40 qualifying quarters of work;
(ii) A refugee admitted to the United States
				under Section 207 of the Immigration and Nationality Act;
(iii) An asylee under Section 208 of the
				Immigration and Nationality Act;
(iv) Victims of a severe form of trafficking
				(Victims of Trafficking and Violence Protection Act of 2000);
(v) An alien whose deportation is withheld
				under Section 243(h) of the Immigration and Nationality Act;
(vi) An alien from Cuba or Haiti who was
				admitted under Section 501(e) of the Refugee Education Assistance Act of
				1980;
(vii) A refugee who entered
				the United States before April 1, 1980, and was granted conditional
				entry;
(viii) An alien who has been
				battered or subjected to extreme cruelty in the United States by a spouse or a
				parent or by a member of the spouse's or parent's family who is residing in the
				same household as the alien; but only after having resided in the United States
				for at least five calendar years from the date of entry or who has worked or
				can be credited with 40 qualifying quarters of work. A child of a battered
				alien meeting these requirements is also eligible.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-004 - RESIDENCE

Current through June 17, 2024
To be eligible for assistance, an individual must be a
				  Nebraska resident. A resident is defined as an individual living in the state
				  voluntarily with the intent of making Nebraska his or her home and begins with
				  the month the individual moves into the state. Migrants and itinerant workers
				  are considered residents of Nebraska if they are living in Nebraska and entered
				  the state to seek employment or to fulfill a job commitment.
004.01
TEMPORARY
				ABSENCE.
Eligibility of a resident may not be terminated because
				of that individual's temporary absence from the state if the individual intends
				to return when the purpose of the absence has been accomplished, unless another
				state has determined that the individual is a resident there for assistance
				purposes.
004.02
LOSS
				OF STATE RESIDENCE.
Eligibility for assistance ends if the unit
				leaves Nebraska with the intent of establishing its home in another
				state.
004.03
DISQUALIFICATION FOR MISREPRESENTING RESIDENCE.
Any
				person convicted in federal or state court of having fraudulently
				misrepresented his or her residence in order to obtain Temporary Assistance for
				Needy Families in two or more states is ineligible for Temporary Assistance for
				Needy Families for ten years from the date of conviction. Only the individual
				convicted of the misrepresentation is ineligible; other members of the family
				or household may receive benefits.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-005 - REQUIREMENT OF A SOCIAL SECURITY NUMBER (SSN)

Current through June 17, 2024
All members of the Aid to Dependent Children unit must
				  furnish their Social Security Number. Individuals who are not included in the
				  unit, but are financially responsible, must furnish their Social Security
				  Number.
005.01
INDIVIDUALS
				WHO HAVE NOT BEEN ISSUED A SOCIAL SECURITY NUMBER.
Individuals who
				have not been issued a Social Security Number must apply for a Social Security
				Number within 30 days of being notified of the requirement.
005.01(A)
INDIVIDUALS WHO DO NOT
				PROVIDE A SOCIAL SECURITY NUMBER.
When a financially responsible
				individual does not provide a Social Security Number, the entire Aid to
				Dependent Children case is closed. When a child's Social Security Number is not
				provided, the child's needs are removed from the Aid to Dependent Children
				unit.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-006 - REQUIRED LIVING ARRANGEMENT

Current through June 17, 2024
To be eligible to receive Aid to Dependent Children, a
				  dependent child must be living in the home of a specified relative,
				  conservator, or guardian, unless removed from that home by judicial
				  determination (see, Title 479).
006.01
DEFINITION OF A HOME.
A home is defined as the family
				setting maintained or in the process of being established by the specified
				relative, guardian or conservator who is standing the place of the parent, as
				shown by the assumption and continued acceptance of responsibility for the
				child. Usually the dependent child shares the same household with the specified
				relative, guardian or conservator. A home exists, however, as long as the
				specified relative, guardian or conservator exercises responsibility for the
				care and control of the dependent child, even though circumstances may require
				the temporary absence of either from the customary family setting.
006.02
ABSENCE BECAUSE OF
				SCHOOLING.
If school facilities which meet the needs of the
				particular child are not available in the community, the child's absence from
				home for the purpose of attending school does not affect eligibility.
006.03
TEMPORARY ABSENCE FROM THE
				HOME.
A child is still considered part of the household while he
				or she is out of the home for a visit not to exceed three months. A child is
				still considered part of the original household while he or she is on summer
				visitation.
006.04
TEMPORARY ABSENCE DUE TO EMERGENCY SITUATIONS.
In
				emergency situations that deprive the child of a specified relative's,
				guardian's, or conservator's care, temporary plans may be made to care for the
				child in the home of an individual or institution acting in the place of the
				specified relative, guardian, or conservator. The unit may continue to receive
				assistance for the period of the emergency or the time actually required to
				make new arrangements for care, but the assistance must not continue beyond 180
				days unless the child is out of the home due to his or her
				hospitalization.
006.05
ABSENCE DUE TO INCARCERATION.
If an Aid to Dependent
				Children unit no longer contains a specified relative, guardian, or conservator
				due to their incarceration, the Aid to Dependent Children case is closed for
				the next possible month. The incarcerated individual is ineligible to be
				included in the Aid to Dependent Children unit or be a payee for an Aid to
				Dependent Children unit.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-007 - UNIT SIZE

Current through June 17, 2024
The Aid to Dependent Children unit size is based on the
				  number of eligible family members or individuals and determines the appropriate
				  standard of need and payment standard during the budgeting process.
007.01
STANDARD FILING
				UNIT.
The parent does not have a choice of whom he or she wants to
				include in the grant unit. All parents and their dependent children, as well as
				all siblings who meet the definition of a dependent child, must be included in
				the grant unit except:
(A) An unborn child
				during the first two trimesters of the mother's pregnancy;
(B) Recipients of Supplemental Security
				Income, State Disability Program, or Aid to the Aged, Blind, or
				Disabled;
(C) Sanctioned
				individuals;
(D) Undocumented
				aliens;
(E) An alleged father when
				the parents are unmarried and paternity has not been established;
(F) A parent and his or her child when
				unmarried parents are living together, have a child in common, and the
				household does not qualify for a grant as a single unit;
(G) Department wards, children of Department
				wards, and children who are receiving an adoption or guardianship subsidy;
				and
(H) Individuals serving an
				Intentional Program Violation Disqualification.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-008 - RESOURCES

Current through June 17, 2024
Resources may include real and personal property. The total
				  equity value of available, non-exempt resources of the Aid to Dependent
				  Children unit is determined and compared with the established maximum for
				  available resources which the Aid to Dependent Children unit may own and still
				  be considered eligible. If the total equity value of available, nonexempt
				  resources exceeds the established maximum, the unit is ineligible for a grant.
				  Equity value equals the fair market value, the price at which it could be sold,
				  minus all encumbrances. Examples of encumbrances include mortgages, liens,
				  taxes, and estimated selling expenses.
008.01
RESOURCE
				LIMIT.
The resource limit is $4,000 for a single individual and
				$6,000 for two or more individuals. In order for a resource to be countable it
				must be considered available and not excluded. The equity value of the
				countable resource is used.
008.01(A)
VERIFICATION OF RESOURCES.
When the total amount of
				countable resources indicated by the unit is $1500 or more, verification must
				be provided.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-009 - INCOME

Current through June 17, 2024
Income is considered when determining eligibility for Aid to
				  Dependent Children.
009.01
EARNED INCOME.
Earned income is money received from
				wages, tips, salary, commissions, profits from activities in which an
				individual is engaged as a self-employed person or as an employee. It also
				includes earnings over a period of time for which settlement is made at one
				given time, as in the instance of farm crops or poultry. Earnings so received
				are prorated for the same number of ensuing months as was included in the
				earning period.
Reimbursement for employment-related expenses such as
				  mileage, lodging, or meals is not considered earned income.
009.01(A)
EARNED INCOME
				DISREGARDS.
The following disregards are considered when
				determining eligibility for Aid to Dependent Children:
009.01(A)(i)
SELF-EMPLOYMENT
				DISREGARD.
Self-employment income is allowed disregards to gross
				income before application of the disregards applied during the Aid to Dependent
				Children payment calculating process.
009.01(A)(i)(1)
STANDARD
				DISREGARD FOR SELF-EMPLOYMENT.
For individuals in the Aid to
				Dependent Children unit who incur expenses related to producing goods or
				services but provide no tax return to document such expenses, the Department
				applies a standard disregard of 49% to the gross income and does not calculate
				actual expenses.
009.01(A)(i)(2)
ITEMIZED DISREGARDS FOR SELF-EMPLOYMENT.
For
				individuals in the Aid to Dependent Children unit who incur operating expenses
				related to producing goods or services which are itemized on their tax return,
				the actual allowable operating expenses are deducted from gross
				income.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-010 - DEVELOPMENT OF A SELF-SUFFICIENCY CONTRACT

Current through June 17, 2024
As a condition of eligibility for an Aid to Dependent
				  Children payment, an applicant determined to be subject to Employment First
				  participation must complete his or her Employment First Self-Sufficiency
				  Contract before the unit can be determined eligible to receive Aid to Dependent
				  Children cash assistance. If an applicant does not cooperate in developing and
				  completing an Employment First Self-Sufficiency Contract, the unit is
				  ineligible for Aid to Dependent Children cash assistance.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-011 - COOPERATION WITH CHILD SUPPORT ENFORCEMENT UNIT

Current through June 17, 2024
Aid to Dependent Children recipients must cooperate with
				  Child Support Enforcement unless the recipient shows good cause for failing or
				  refusing to do so. See Title 466 of Nebraska Administrative Code.
011.01
SANCTION FOR REFUSAL TO
				COOPERATE.
Aid to Dependent Children recipient parents who fail to
				cooperate with Child Support Enforcement will have their Aid to Dependent
				Children grant reduced by 25 percent. If the recipient subsequently cooperates,
				the 25 percent reduction is ended and the grant is increased effective the
				first day of the month during which cooperation is restored. If a guardian,
				conservator or specified relative, other than a parent, is included in the unit
				and they fail to cooperate, their needs are removed from the Aid to Dependent
				Children unit.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-012 - COOPERATION IN OBTAINING THIRD PARTY MEDICAL PAYMENTS

Current through June 17, 2024
Aid to Dependent Children recipients must cooperate in
				  securing any third party medical payments unless he or she has good cause for
				  noncooperation. See Title 471 of Nebraska Administrative Code.
012.01
SANCTION FOR REFUSAL TO
				COOPERATE IN OBTAINING THIRD PARTY MEDICAL PAYMENTS.
Aid to
				Dependent Children recipients who fail or refuse to provide information about
				or obtain third party medical payments are ineligible for inclusion in the
				grant unit. Eligibility of the dependent child(ren) is not affected.
				Ineligibility continues for the recipient until he or she cooperates or
				cooperation is no longer an issue, and the grant is increased effective the
				first day of the month during which cooperation is restored.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-013 - OTHER RELATED ELIGIBILITY REQUIREMENTS

Current through June 17, 2024
Other eligibility requirements are described in this
				  section.
013.01
RECEIPT OF
				OTHER ASSISTANCE.
An individual whose needs are included in the
				Aid to Dependent Children unit must not at the same time receive, or be
				eligible to receive, another type of categorical assistance administered by the
				Department. This does not preclude the recipient of another type of categorical
				assistance from being the payee for an Aid to Dependent Children payment made
				on behalf of any child(ren) in that individual's care.
013.01(A)
SUPPLEMENTAL SECURITY
				INCOME AND AID TO DEPENDENT CHILDREN.
An individual in the
				Supplemental Security Income Program is not included in the Aid to Dependent
				Children unit. If a child is eligible to receive both Aid to Dependent Children
				and Supplemental Security Income, the payee or responsible caretaker of the
				child must select one of the programs. The payee or responsible caretaker must
				be informed of the benefits available under each program so the choice of a
				program can be made in the best interest of the child.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-014 - WAIVER OF AID TO DEPENDENT CHILDREN CASH ASSISTANCE

Current through June 17, 2024
An Aid to Dependent Children recipient subject to Employment
				  First participation requirements who requests to have their case closed, must
				  submit the request in writing.
014.01
RE-ESTABLISHING ELIGIBILITY.
In order to re-establish
				eligibility after waiving cash assistance, an applicant must:
(A) Qualify for an exemption from Employment
				First participation requirements; or
(B) Participate in an Employment First
				component activity included in his or her Self-Sufficiency Contract or in
				another activity mutually agreed upon for a minimum of five consecutive work
				days in order to demonstrate his or her willingness to participate. The
				individual may receive supportive services while engaging in the required
				activity.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 2 - ELIGIBILITY REQUIREMENTS › Section 468-2-015 - TRANSITIONAL GRANT

Current through June 17, 2024
An Aid to Dependent Children unit may receive up to five
				  transitional grants, each grant being equal to 1/5 of the Aid to Dependent
				  Children payment standard for the unit's size at the time the unit becomes
				  ineligible for an Aid to Dependent Children grant payment if:
(A) The unit lost eligibility for a grant
				because of increased earnings or increased hours of employment of the specified
				relative, guardian, or conservator;
(B) The unit meets the requirements to
				qualify for Transitional Medical Assistance;
(C) The unit must have lost eligibility for
				an Aid to Dependent Children grant in the month immediately preceding the first
				month of eligibility for the transitional grant. A month in which the unit was
				eligible but did not receive a grant due to the minimum payment provision does
				not qualify as a month of grant; the unit must have actually received an Aid to
				Dependent Children grant from Nebraska for the month immediately preceding
				ineligibility in order to receive transitional grants.
015.01
CONTINUING TRANSITIONAL
				GRANT.
In order to continue to receive transitional grants for the
				full five-month period, the unit must meet the following requirements:
(A) The unit's earned income cannot exceed
				185 percent of the federal poverty level for the unit size;
(B) The specified relative, guardian, or
				conservator must be employed;
(C)
				The unit continues to reside in the State of Nebraska;
(D) The unit continues to include a dependent
				child;
(E) The unit must remain
				ineligible to receive an Aid to Dependent Children
				grant.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 3 - CALCULATION OF AID TO DEPENDENT CHILDREN BENEFITS › Section 468-3-001 - CALCULATION OF AID TO DEPENDENT CHILDREN BENEFITS

Current through June 17, 2024
Aid to Dependent Children budgeting measures the unit's
				  income for maintenance against the appropriate need and payment standards. The
				  standard of need and payment standard are based on the number of eligible
				  individuals in the unit. The Department determines eligibility and payment
				  amount as follows:
(A) Eligibility at
				initial application or when adding a financially responsible individual to an
				existing Aid to Dependent Children unit consists of the following budgeting
				steps:
(i) Calculate total gross earned
				income;
(ii) Subtract 20 percent of
				total gross earned income;
(iii)
				Subtract child care expense paid out of pocket;
(iv) The result after step iii is the net, or
				countable, earned income;
(v)
				Compare the net earned income to the appropriate standard of need for the unit
				size;
(vi) If the net earned income
				is less than the appropriate standard of need, proceed to #B to calculate
				payment amount. If the net earned income is greater than or equal to the
				standard of need, deny the application unless adding a financially responsible
				individual to an existing Aid to Dependent Children unit.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 3 - CALCULATION OF AID TO DEPENDENT CHILDREN BENEFITS › Section 468-3-002 - CALCULATING EARNED INCOME

Current through June 17, 2024
Aid to Dependent Children eligibility is determined
				  prospectively using past verified income.
002.01
PAST 30 DAYS AS AN
				INDICATOR.
Thirty days of income is used as an indicator to
				project income for future months unless changes have occurred or are
				anticipated.
002.01(A)
PAST 30
				DAYS NOT REPRESENTATIVE.
When the past 30 days are not
				representative of future income, the income is based on the verified employer
				best estimate. This criteria would apply when the income is from a new source,
				the pay rate has increased or decreased, or the number of hours has increased
				or decreased.
002.01(B)
USING MORE THAN 30 DAYS.
If income fluctuates to the
				extent that the past 30 days does not provide a reasonable basis to anticipate
				future income, eligibility may be determined using up to three months of income
				for the most recent consecutive months, which captures the fluctuation, to
				project the household's monthly income.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 3 - CALCULATION OF AID TO DEPENDENT CHILDREN BENEFITS › Section 468-3-003 - BUDGET CALCULATION WITH CHILD, SPOUSAL, AND CASH MEDICAL SUPPORT

Current through June 17, 2024
Any child, spousal, and cash medical support, including
				  arrears, (see Title 466) paid to the Nebraska Child Support Payment Center or
				  paid directly to the applicant by the noncustodial parent before the approval
				  date is considered in determining eligibility. The total amount of child,
				  spousal, and cash medical support is considered.
003.01
COMPARISON TO AID TO
				DEPENDENT CHILDREN PAYMENT AMOUNT.
If the average monthly child,
				spousal, or cash medical support collection exceeds the unit's Aid to Dependent
				Children payment amount, the Aid to Dependent Children case will be
				closed.
003.02
COUNTING
				AS UNEARNED INCOME.
Child support, for months where the unit did
				not receive an Aid to Dependent Children grant, which is distributed to the
				custodial parent is counted as unearned income in the Aid to Dependent Children
				budget. A three-month average of the amount distributed is used to determine
				the amount of unearned income.
003.03
OVERPAYMENT DUE TO CHILD
				SUPPORT.
If the applicant receives child or spousal support before
				the Aid to Dependent Children approval date but it has not been budgeted, there
				is an Aid to Dependent Children overpayment. If the recipient receives child or
				spousal support after the approval date, the support is not counted in the
				budget because it is assigned. Support received and retained by the recipient
				after the approval of Aid to Dependent Children constitutes a Child Support
				Enforcement overpayment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 3 - CALCULATION OF AID TO DEPENDENT CHILDREN BENEFITS › Section 468-3-004 - PRORATED PAYMENT

Current through June 17, 2024
When an application for Aid to Dependent Children is
				  approved, the first month's payment begins with the application date. A
				  standard 30-day month is used in determining prorated payment amounts.
004.01
INDIVIDUAL ADDED TO A
				UNIT.
When an individual is added to a unit that is already
				receiving a grant, the payment of the new individual begins with the date the
				addition to the unit was requested if all eligibility factors are
				met.
004.02
INDIVIDUAL
				REMOVED FROM THE UNIT.
When an individual leaves a unit, he or she
				is not considered prospectively in determining the unit size. If there is not
				time to recalculate and give timely notice, the individual is removed the next
				possible month.
004.03
INDIVIDUAL MOVING FROM ANOTHER STATE.
An applicant may
				have received Temporary Assistance for Needy Families from another state in the
				same month he or she applies in Nebraska. If the applicant received a grant for
				a partial month from a state that divides monthly issuance into two or more
				grants, the grant from the other state is considered income in determining the
				first month's eligibility. Payment begins with the first day of the month of
				application if all eligibility factors are met.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 3 - CALCULATION OF AID TO DEPENDENT CHILDREN BENEFITS › Section 468-3-005 - ROUNDED DOWN PAYMENT

Current through June 17, 2024
When a grant is not a whole dollar figure, it is rounded down
				  to the next lower whole dollar amount. A case that would be eligible for a
				  grant of less than $1 is still considered a grant case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 3 - CALCULATION OF AID TO DEPENDENT CHILDREN BENEFITS › Section 468-3-006 - MINIMUM PAYMENT

Current through June 17, 2024
An Aid to Dependent Children cash payment is not issued if
				  the amount would be less than $10 before any adjustment is made. A unit that is
				  denied an Aid to Dependent Children cash payment solely because of the $10
				  minimum payment is still considered a grant case. The unit is not subject to
				  Employment First requirements and is non-time limited. The adult(s) or minor
				  parent head-of-household included in the unit may choose to volunteer to
				  participate in Employment First. An Aid to Dependent Children cash payment is
				  issued if an individual is added to an existing unit and the combined unit is
				  eligible for a payment of $10 or more.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 3 - CALCULATION OF AID TO DEPENDENT CHILDREN BENEFITS › Section 468-3-007 - INTENTIONAL PROGRAM VIOLATION (IPV)

Current through June 17, 2024
Effective January 1, 2004, an individual who is found to have
				  committed an intentional program violation is disqualified.
007.01
DISQUALIFICATION
				HEARING.
A disqualification hearing will be initiated by the
				Department whenever sufficient documentary evidence has been established to
				substantiate that a unit member has committed one or more acts of intentional
				program violation.
007.01(A)
DETERMINING THE NEED FOR A DISQUALIFICATION HEARING.
The following guidelines are used in determining the need for a
				disqualification hearing:
(i) A
				disqualification hearing must be initiated regardless of the current
				eligibility status of the individual;
(ii) The burden of proving intentional
				program violation is on the Department; and
(iii) A disqualification hearing will not be
				initiated against an accused individual whose case is currently being referred
				for prosecution or after any action taken against the accused individual by a
				court, if the factual issues of the case arise out of the same, or related,
				circumstances.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 3 - CALCULATION OF AID TO DEPENDENT CHILDREN BENEFITS › Section 468-3-008 - PAYMENTS

Current through June 17, 2024
Aid to Dependent Children payments are made from either
				  federal or state funds.
008.01
FEDERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILY PAYMENT
				RESTRICTIONS.
Pursuant to
				Section
				4004 of
				Public Law
				112-96,
				42 U.S.C. §
										608(a), it is a violation of
				federal law to access Temporary Assistance for Needy Families funds from an
				automated teller machine (ATM) located at or via a point-of-sale purchase at
				the following types of businesses:
(A) Liquor
				stores;
(B) Casinos, gambling
				casinos or gaming establishments; or
(C) Any retail establishment which provides
				adult-oriented entertainment in which performers disrobe or perform in an
				unclothed state for entertainment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-001 - PURPOSE

Current through June 17, 2024
The primary purpose of Employment First is to provide
				  temporary, transitional support for Nebraska families so that economic
				  self-sufficiency is attained in as expeditious a manner as possible through the
				  provision of training, education and employment preparation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-002 - MANDATORY PARTICIPATION

Current through June 17, 2024
All individuals who are defined as a work-eligible
				  individual are required to participate in the Employment First program
002.01
WORK-ELIGIBLE
				INDIVIDUAL.
The following are included in the definition of a
				work-eligible individual:
(A) An adult
				receiving Aid to Dependent Children cash assistance;
(B) A minor parent who is the
				head-of-household receiving Aid to Dependent Children cash
				assistance;
(C) A non-recipient
				parent living with his or her child(ren) who is receiving Aid to Dependent
				Children cash assistance and whose needs are not included in the Aid to
				Dependent Children budget with a reason of:
(i) Convicted drug felon;
(ii) Third Party Medical sanction;
(iii) Intentional Program Violation
				sanction;
(iv) Fleeing
				felon;
(v) Social Security Number
				sanction; or
(vi) Misrepresenting
				Residence sanction.
(D) A
				dependent child age 16, 17, or 18 who quits school or reduces hours under
				full-time status according to the educational institution's standards. This
				dependent child remains a work-eligible individual even if he or she returns to
				school.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-003 - EXEMPTIONS FROM EMPLOYMENT FIRST

Current through June 17, 2024
An individual who meets the exemption criteria described
				  below is not required to participate in Employment First component activities
				  and becomes non-time limited for the period of time he or she qualifies for the
				  exemption. The individual must assist the Department to gather documentation to
				  substantiate the request for each individual's exempt status. An individual
				  becomes mandatory to participate in the Employment First program the first of
				  the month following the month in which he or she no longer qualifies for the
				  exemption.
003.01
INCAPACITY.
A person who meets incapacity requirements
				as follows may qualify for an exemption. An individualized service plan must be
				developed with the individual who qualifies for exemption. A two-parent family
				with one parent who qualifies for this exemption must be considered a
				single-parent and needy caretaker family for purposes of determining the
				minimum hours of participation.
003.01(A)
SHORT-TERM.
Short-term exemption may be granted for an
				individual who has an illness or injury serious enough to temporarily prevent
				them from entering employment and participating in another Employment First
				component activity for up to three months. The illness or injury must be
				evaluated in the context of activities available through the Employment First
				program.
003.01(B)
LONG-TERM.
Long-term exemption may be granted for an
				individual who is incapacitated with a medically determinable physical or
				mental impairment which, by itself or in conjunction with age, prevents the
				individual from entering employment or participating in another Employment
				First component activity and which is expected to exist for a continuous period
				exceeding three months. The incapacity must be evaluated in the context of
				activities available through the Employment First program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-004 - VOLUNTARY PARTICIPATION

Current through June 17, 2024
An individual who qualifies for an exemption from
				  participation in Employment First may elect to volunteer to participate in the
				  Employment First program. The time limit does not apply until the individual no
				  longer qualifies for an exemption. Any resulting failure to participate in the
				  activities agreed upon in the Self-Sufficiency Contract would restrict the
				  individual from participating and depending on his or her status he or she may
				  be subject to a sanction.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 468 - AID TO DEPENDENT CHILDREN (ADC) › Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF) › Section 468-4-005 - ORIENTATION

Current through June 17, 2024
Orientation to Employment First may be accomplished in the
				  following two phases:
(A) The first
				phase may be performed at the time of application for Aid to Dependent
				Children. The Department highlights the responsibilities that the applicant
				will be expected to fulfill if he or she is determined eligible for Aid to
				Dependent Children; and
(B) The
				second phase of orientation to Employment First is done as an introduction to
				the comprehensive assets assessment. The individual must receive detailed
				information on all Employment First requirements, program expectations,
				participation options, services, and time limits.