MEMORANDUM

DISCUSSION:

Section 0210.005.05 has been updated to include paternity establishment for the child(ren) in certain eligibility unit examples.

A dependent child definition has been updated to add the provision: never been married.   Once a dependent child is married, they are no longer considered a dependent child, even if their spouse is not in the home.

NOTE:  If the dependent child marries, they are no longer a dependent child, even if they get divorced.  However, if the marriage is annulled, they could be considered a dependent child again, provided all other dependent child criteria are met.

An example of a self-alleged father has been added.  If a self-alleged father applies for TA for a child(ren) and the mother is not in the home, the self-alleged father must complete the VS 465F for each child he wishes to receive TA.  The eligibility specialist must make every effort to get the mother to complete the VS 465M for each child and file the VS 465, VS 465F and VS 465M with the Bureau of Vital Records (BVR).  If the eligibility specialist is unable to locate the mother, and the self-alleged father has completed the VS 465F, he may receive TA for that child(ren).

An example of an eligibility unit (EU) where the mother and alleged father refuse to sign the VS 465 series has been added.  Ms. Rogers and Mr. Evans are not married, but they tell the eligibility specialist Mr. Evans is the father of Ms. Rogers’ son, Roy. There is no father listed on the birth certificate.  Ms. Rogers and Mr. Evans refuse to sign the VS 465 series.  An application may be completed with all of them included, but they are not eligible for TA until the VS 465 series is completed and filed with BVR.  Ms. Rogers may not receive TA for Roy as a separate EU.

• To enter the relationship for Mr. Evans and Roy on the SUPERCASE MEMBER RELATIONSHIPS (RELINFO/FM0F) screen:
  • Enter FM (family) in the TYPE field.
  • Enter DAD (father) for Mr. Evans and SON(son) for Roy in the RELATION field.
  • Enter CS (client statement) in the VER (verification) field.

A REQUEST FOR INFORMATION (FA325) is generated asking for verification of relationship.  If Ms. Rogers and Mr. Evans do not sign the VS 465 series, the TA application will reject.

If Ms. Rogers and Mr. Evans sign the VS 465 series, and the documents are filed with BVR, update the VER field on the RELINFO screen to HC (hard copy).  If all other eligibility factors are met, the TA application will be approved.

Fair Hearing Request

If the eligibility unit (EU) requests a fair hearing due to individuals included or excluded from the EU, fax the fair hearing request to the Hearings Unit the same day. It is important to send all Agency evidence to the Hearings Unit as soon as possible. All available evidence should be sent to the Hearings Unit with the original request for hearing within 24 hours. Do not wait until a few days before the hearing to send the evidence.

For budget adjustments or closings, evidence includes, but is not limited to:

• FA-100 Request for Application (signed),
• FA-102 Interview Summary,
• Comments Screens,
• Manual sections/legal references,
• Budget Screen or TABUDSUM,
• Payment History screen, and
• Copy of Rejection or Closing Letter.

Provide a copy of the evidence to the EU asking for the hearing and their legal representative, if appropriate, and schedule a pre-hearing conference. If the EU designates an attorney or authorized representative for the hearing, send a copy of all notices and evidence for the hearing to the EU and the designated individual.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.

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