13 CSR 40-2.315 outlines who is exempt from participating in work activities.
Temporary Assistance individuals may be exempted from the work requirement, but they may choose to volunteer.
The following Temporary Assistance individuals may be exempted from the Work Requirement:
- A Custodial Caretaker of a Child Under Age 12 Weeks (Exemption Code 01): An individual who is a custodial caretaker of a child who has not attained 12 weeks of age may choose to be exempt from work activities. This exemption may be used by any caretaker, with certain exceptions as noted below. NOTE: For two parent households only ONE parent may receive the 12 week exemption, the other parent must be coded “D” mandatory to participate with work activities if both parents are receiving Temporary Assistance due to deprived based on financial need.
EXCEPTION: When one parent is coded exempt due to permanent disability (06), the EU is now considered a single parent household. The non-disabled parent can claim the exemption for a child less than 12 weeks of age (01).
NOTE: FAMIS will send all individuals coded as E(01) to the Missouri Work Assistance (MWA) program as a volunteer during their 12 week exemption period. After the 12 weeks have been exhausted, FAMIS will automatically change the individual’s code to “D” mandatory to participate with work and training activities.
This exemption does NOT apply to Teen Parents.
NOTE: These exempt individuals are subject to the forty-five (45) month lifetime limit.
- Needed in the Home to Care for a Disabled Individual (Exemption Code 05): A parent or caretaker that is needed in the home to care for a disabled household member who has a physical or a mental disability is exempt from work participation activities. In order to meet this exemption there must be no other satisfactory alternative plan or care available and medical documentation provided to support the need for the participant to remain in the home to care for the disabled family member. To verify the need for a parent/caretaker to care for a family member, obtain a written statement by a physician, psychologist, or psychiatrist. Participants who have a disabled family member are exempt until other means are available to enable the participant to be away from the home without jeopardizing the safety or health of the family member.
FSD and its agent staff will assist the family to explore the availability of community resources that may provide appropriate services for a disabled child or adult.
NOTE: These exempt individuals are not subject to the forty-five (45)-month lifetime limit.
- A Permanently Disabled Individual (Exemption Code 06): Individuals are exempt from work activities if permanently disabled as determined by Old Age Survivor’s and Disability Insurance (OASDI), Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or employer-sponsored disability insurance and actively receiving cash benefit. For individuals who claim a disability but are not receiving a cash payment from OASDI, SSI, SSDI, or employer-sponsored disability insurance, FSD staff will follow a two-step process to determine disability under this exemption code.
Participant is exempt and coded (06), due to a pending application for OASDI, SSI, SSDI, or employer-sponsored disability insurance. This exemption is only allowed one time per condition.
NOTE: This does not mean that the participant cannot appeal the decision made from the original OASDI, SSI, SSDI, or employer-sponsored disability insurance application through the proper channels. However, they will not be exempt during that appeal process or at any subsequent application for the same condition.
If an application for OASDI, SSDI, or employer-sponsored disability insurance is approved the exempt code remains 06. When an SSI application is approved the individual’s new income source is entered into FAMIS and an Eligibility Determination Resolution (EDRES) must be completed.
If the application for OASDI, SSI, SSDI, or employer-sponsored disability insurance is rejected, proceed to step two.
If the disability application has been rejected for OASDI, SSI, SSDI, or employer-sponsored disability insurance the eligibility specialist requests the participant to complete and return an MRT packet within 10 days once received in the mail.
NOTE: Individuals, have been previously rejected by MRT can only receive the exemption one time per condition.
- Failure of the participant to return the MRT packet will cause the participant to lose the exemption. The ES will replace the work requirement indicator code of “E – Exempt” to “D – Referred to MWA” unless s/he meets another exemption or exclusion.
- Upon receiving the MRT packet it is sent to the MRT Processing Center for a Medical determination. The individual’s work requirement indicator code continues to be work requirement code E and exemption reason 06 while awaiting the MRT decision.
- If MRT rejects the disability claim, the participant’s work requirement indicator is changed to “D – Referred to MWA” unless s/he meets another exemption or exclusion as of the date of the MRT decision.
- When MRT determines the individual disabled for twelve (12) months or more, the individual remains exempt, with the exemption reason (06). Request MRT to re-evaluate the condition once a year, or the re-evaluation date recommended by MRT. Enter the appropriate re-evaluation date in on the COMPACT screen in FAMIS.
NOTE: These exempt individuals are not subject to the forty-five (45) month lifetime limit.
When MRT determines the individual disabled for less than 12 months, refer to section 0255.010.00 Individuals Temporarily Excluded from Participation in Work Activities.
- Caretaker-Payees Age Sixty (60) or Older (Code 07): A caretaker-payee age sixty (60) years or older is exempt from participation. NOTE: These exempt individuals are not subject to the forty-five (45) month lifetime limit.