Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 170 - DEPARTMENT FOR CHILDREN AND FAMILIES (DCF) › Chapter 280 - EMERGENCY ASSISTANCE (2800) › Section 13 170 280 - EMERGENCY ASSISTANCE (2800)

Current through June, 2024
Section 2800
				Emergency Assistance (EA)
Emergency assistance (EA) is assistance provided for
				  eligible families with dependent children whose emergency needs, according to
				  department standards, cannot be met under any other assistance program
				  administered by the department and cannot be relieved without the department's
				  intervention. A family may qualify for EA in two ways, by meeting either the
				  non-catastrophic or the catastrophic rules. All families must furnish required
				  information as specified in section
				  2804.
Families with emergency needs not caused by a catastrophic
				  situation must have income below the applicable income test and meet other
				  eligibility criteria at 2801. Families in which each member receives Reach Up,
				  a Postsecondary Education Program (PSE) stipend, SSI/AABD, or a combination of
				  these program benefits are ineligible for non-catastrophic EA because they are
				  considered to be over income for this program. Assistance will not be provided
				  to a household whose need arose as a result of refusal without good cause to
				  accept employment or training for employment.
Families with emergency needs caused by a catastrophic
				  situation must meet the eligibility criteria in section
				  2802.
				  Emergency medical needs are considered catastrophic. All households applying
				  for EA for an emergency medical need must meet the catastrophic EA criteria at
				  2802 to have the emergency medical need covered by EA.
EA may be authorized during one period of 30 consecutive
				  days in any 12-consecutive-month period, except as specified in 2800.4
				  (Authorization Limits), 2813.2 (Temporary Housing), and 2813.3 (Rental or
				  Mortgage Arrearage).
Section
				2801 Application
To have their eligibility for EA considered, applicants
				  (2800.3) or their authorized representatives must:
-- submit a completed signed application each time they
				  request assistance; and
-- have a face-to-face interview with a PATH representative,
				  unless waived by the district manager.
Section 2802 Applicant Household
An EA household must include one or more children under the
				  age of 21 and the individuals who are legally responsible for them. Such child
				  must live in a residence maintained by one or more relatives (2800.3) as their
				  home. For the purpose of 2830, such child must have lived with such relative
				  within six months prior to the application.
The following individuals must be considered members of the
				  applicant household when they live together:
-- dependent children under the age of 18;
-- their siblings, half-siblings, and step-siblings under
				  the age of 18;
-- their parents, step-parents, or other legally responsible
				  relatives.
Children age 18 through 20 may be included in the household
				  if they remain dependent upon the applicant, but their inclusion is not
				  mandatory.
The members of the EA household shall have their needs,
				  income, and resources considered together to determine eligibility.
Section 2803 Definitions
The following definitions apply to the terms used in the EA
				  rules.
(1) "Able-bodied" means no
				physical or mental impairment exists that prevents the person from working. A
				person shall not be considered able-bodied if currently unable to work in any
				type of employment due to physical or emotional problems that have lasted or
				presumably will last at least 30 days. This eligibility factor must be verified
				by a signed statement from a physician or licensed practitioner whose services
				would be covered under Medicaid were the EA applicant a Medicaid recipient. The
				department shall pay the reasonable expense of required medical examinations
				and may require and pay for a second opinion.
Individuals whose SSI/AABD eligibility has been terminated
				  because of the SSI/AABD 36-month time limit related to drug or alcohol
				  disability shall be considered able-bodied with respect to their drug or
				  alcohol impairment.
(2)
				"Applicants" means individuals applying for EA for their own needs and for the
				needs of those dependents with whom they live in Vermont and for whom they are
				legally responsible.
For married individuals or parties to a civil union who live
				  together, the term applicant refers to both spouses or civil union partners.
				  Either spouse or partner may complete the application.
For unmarried adults who live together and have a
				  child-in-common, the term applicant refers to both adults. Either adult may
				  complete the application.
Applicants must be age 18 or older, unless emancipated (see
				  emancipated minor below).
(3) "Available resources" means cash on hand
				or in a bank or other financial institution, including Christmas clubs and U.S.
				savings bonds or other negotiable instruments that can be converted into cash
				on demand within 24 hours when responding to an immediate emergency need for
				the first time. The applicant shall be advised to take steps to access other
				resources such as cash value of life insurance, sale of stock, bonds, or mutual
				funds, cashing of an IRA or other reasonably accessible resource to meet future
				needs. Future EA applications will be evaluated in relation to whether the
				applicant has taken reasonable steps to access these resources. If not, the
				application will be denied because no effort was made to access resources that
				could have been currently available to meet the emergency need.
(4) "Calculation of time periods" shall
				include the date of application unless otherwise specified. When determining
				income for the last 30 days, however, the 30-day period ending on the day prior
				to the date of application is used.
(5) "Dependent" means any of the following
				members of the applicant's immediate family: husband, wife, civil union
				partner, and children under age 21, unless they are emancipated minors,
				including biological, adopted, and stepchildren. A pregnant woman having no
				children in her household shall not be considered to have a minor
				dependent.
(6) "Emancipated minor"
				means a minor emancipated by judicial decree under the laws of any state. A
				minor is also considered emancipated if married or in active military
				service.
(7) "Gainful employment"
				means individuals:
-- work at least 35 hours per week at no less than the
				  applicable minimum hourly wage;
-- have gross weekly income that, when divided by 35, equals
				  or exceeds the applicable minimum hourly wage, regardless of the actual number
				  of hours worked; or,
-- if self-employed, work at least 35 hours per week and the
				  balance of income remaining after deducting allowable self-employment
				  deductions equals or exceeds the minimum wage. An individual shall be
				  considered self-employed if the Internal Revenue Service requirements for
				  classification as self-employed are met.
(8) "Minimum wage" means the state or federal
				minimum wage, whichever is the higher.
(9) "Relative" means one of the following
				individuals:
-- Any blood relative, including those of half-blood, and
				  including first cousins, nephews, nieces and preceding generations, as denoted
				  by the prefixes grand-, great-, and great-great;
-- Stepparent, stepbrother, stepsister;
-- Any adoptive relative of corresponding degree, upon whom
				  Vermont law (
				  15A
				  V.S.A. §
												1-104 ) confers the same
				  rights, duties and obligations as natural relatives;
-- Any spouse or civil union partner of an individual
				  included in the above groups, even if the marriage or civil union has been
				  terminated by death, divorce, or dissolution.
(10) "Suitable employment" means that:
-- The wages (monetary and in-kind) are equal to or exceed
				  the minimum wage. The value of in-kind income shall be established by the
				  employer.
-- The individual is physically and mentally fit to perform
				  the employment offered.
-- The work offered is not at a site subject to a strike or
				  a lockout at the time of the offer.
The eligibility worker shall establish when medical
				  documentation is required to determine suitability of employment. The
				  department shall pay the reasonable charge for medical examination and
				  report.
(11) "Transient"
				means an individual who does not intend to establish a permanent residence in
				Vermont.