§ 239B.9 — Limited benefit plan

Iowa § 239B.9

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 239B: FAMILY INVESTMENT PROGRAM

Text

1. General provisions.
a. If a participant responsible for signing and fulfilling the terms of a family investment
agreement, as defined by the director in accordance with section 239B.8, chooses not to sign
or fulfill the terms of the agreement, the participant’s family, or the individual participant
shall enter into a limited benefit plan. Initial actions in a written statement under section
239B.2, subsection 4, which were committed to by a participant during the application
period and which commitment remains in effect, shall be considered to be a term of the
participant’s family investment agreement. A limited benefit plan shall apply for the period
of time specified in this section. The first month of the limited benefit plan is the first month
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after the month in which timely and adequate notice of the limited benefit plan is given to
the participant as defined by the director. The elements of a limited benefit plan shall be
specified in the department’s rules.
b. For purposes of this lettered paragraph, “significant contact with or action in regard to
the JOBS program” means the individual participant communicates to the JOBS program
worker the desire to engage in JOBS program activities, signs a new or updated family
investment agreement, and takes any other action required by the department in accordance
with rules adopted for this purpose. A limited benefit plan applied in error shall not be
considered to have been applied. A limited benefit plan is applicable to the individual
participant choosing the limited benefit plan and to the individual participant’s family
members to which the plan is applicable under subsection 2. A limited benefit plan shall
either be a first limited benefit plan or a subsequent limited benefit plan. A limited benefit
plan shall be applied as follows:
(1) A first limited benefit plan shall provide for continuing ineligibility for assistance until
the individual participant completes significant contact with or action in regard to the JOBS
program.
(2) A limited benefit plan subsequent to a first limited benefit plan chosen by the same
individual participant shall provide for a specified period of ineligibility of six months or
less beginning with the effective date of the limited benefit plan and continuing indefinitely
following the specified period until the individual participant completes significant contact
with or action in regard to the JOBS program. The department shall adopt rules defining the
circumstances for which a particular period of ineligibility will be specified.
(3) For a two-parent family in which both parents are responsible for a family investment
agreement, a first or subsequent limited benefit plan shall remain applicable until both
parents complete significant contact with or action in regard to the JOBS program. A limited
benefit plan applied more than once to the same two-parent family shall be treated as a
subsequent limited benefit plan.
2. Plan applied. The department shall apply the limited benefit plan to the participants
responsible for the family investment agreement and other members of the participant’s
family as follows:
a. Parent. If the participant responsible for the family investment agreement is a parent,
the limited benefit plan is applicable to the entire participant family.
b. Needy relative or incapacitated stepparent. If the participant choosing a limited
benefit plan is a needy relative who acts as payee when the parent is in the home but is
unable to act as payee, is a needy relative who assumes the role of parent, or is a dependent
child’s stepparent whose needs are included in the assistance because of incapacity, the
limited benefit plan shall apply only to the individual participant choosing the plan.
c. Minor parent living with adult parent or specified relative. If the participant family
includes a minor parent living with the minor parent’s adult parent or specified relative
who receives family investment program assistance and both individuals are responsible
for developing a family investment agreement, each individual is responsible for a separate
family investment agreement, and the limited benefit plan shall be applied as follows:
(1) If the adult parent chooses the limited benefit plan, the requirements of the limited
benefit plan shall apply to the entire participant family, even though the minor parent has not
chosen the limited benefit plan. However, the minor parent may reapply for assistance as a
minor parent living with self-supporting parents or living independently and continue in the
family investment agreement process.
(2) If the minor parent chooses the limited benefit plan, the requirements of the limited
benefit plan shall apply to the minor parent and any child of the minor parent.
(3) Ifthespecifiedrelativechoosesthelimitedbenefitplan,therequirementsofthelimited
benefit plan shall apply only to the specified relative.
d. Minor parent — only child. If the minor parent is the only child in the adult parent’s
or specified relative’s home and the minor parent chooses the limited benefit plan, assistance
shall not be paid to the adult parent or specified relative in this instance.
e. Children who are mandatory JOBS program participants. If the participant family
includes children who are mandatory JOBS program participants, the children shall not have
§239B.9, FAMILY INVESTMENT PROGRAM 10
a separate family investment agreement but shall be asked to sign the family investment
agreement applicable to the family and to carry out the responsibilities of that family
investment agreement. A limited benefit plan shall be applied as follows:
(1) If the parent or specified relative responsible for a family investment agreement
meets the responsibilities of the family investment agreement but a child who is a mandatory
JOBS program participant chooses an individual limited benefit plan, the family is eligible
for reduced assistance during the child’s limited benefit plan.
(2) Ifthechildwhochoosesalimitedbenefitplanundersubparagraph(1)istheonlychild
in the participant family, assistance shall not be paid to the adult parent, parents, or specified
relative in this instance.
f. Exempt parent. If a participant family includes a parent, parents, or specified relative
who are exempt from JOBS program participation and children who are mandatory JOBS
program participants, the children are responsible for completing a family investment
agreement. If a child who is a mandatory JOBS program participant chooses the limited
benefitplan, thelimitedbenefitplanshallbeappliedinthemannerprovidedinparagraph“e”.
g. Twoparents. Iftheparticipantfamilyincludestwoparents, alimitedbenefitplanshall
be applied as follows:
(1) If only one parent of a child in the family is responsible for a family investment
agreement and that parent chooses the limited benefit plan, the limited benefit plan cannot
be ended by the voluntary participation in a family investment agreement by the exempt
parent. If the parent responsible for the family investment agreement chooses a limited
benefit plan, the limited benefit plan applies to the entire family.
(2) If both parents of a child in the family are responsible for a family investment
agreement, both parents shall sign the agreement. If either parent chooses the limited
benefit plan, the limited benefit plan cannot be ended by the participation of the other parent
in a family investment agreement.
(3) If the parents from a two-parent family in a limited benefit plan separate, the limited
benefit plan shall follow only the parent who chose the limited benefit plan and any children
in the home of that parent.
3. Plan chosen. A participant shall be considered to have chosen a limited benefit plan
under any of the following circumstances:
a. A participant who does not establish an orientation appointment with the JOBS
program or who fails to keep or reschedule an orientation appointment shall receive a
reminder letter which informs the participant that those who do not attend orientation
have elected to choose a limited benefit plan. A participant who chooses not to respond
to the reminder letter within ten calendar days from the mailing date shall receive notice
establishing the effective date of the limited benefit plan. If a participant is deemed to have
chosen a limited benefit plan, timely and adequate notice provisions, as determined by the
director, shall apply.
b. A participant who chooses not to sign the family investment agreement after attending
a JOBS program orientation shall enter into a limited benefit plan as described in paragraph
“a”.
c. A participant who has signed a family investment agreement but then chooses a limited
benefit plan under circumstances defined by the director.
4. Reconsideration. Aparticipantwhochoosesalimitedbenefitplanmayreconsiderthat
choice as follows:
a. A participant who chooses a first limited benefit plan may reconsider at any time
following the effective date of the limited benefit plan. The participant may contact the
department or the appropriate JOBS program office any time to begin the reconsideration
process.
b. Aparticipantwhochoosesasubsequentlimitedbenefitplanmayreconsiderthatchoice
at any time following the period of ineligibility specified in accordance with subsection 1.
5. Well-being visit. If a participant has chosen a subsequent limited benefit plan, the
department may conduct a well-being visit or contract for a well-being visit to be conducted,
provided funding is available for the costs of such visits. A well-being visit shall meet all of
the following criteria:
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a. A qualified professional shall attempt to visit with the participant family with a focus
upon the children’s well-being.
b. The visit shall be conducted during or within four weeks of the second month of the
start of the subsequent limited benefit plan.
c. The visit shall serve as an extension of the family investment program and the family
investmentagreementphilosophyofsupportingfamiliesastheymovetowardself-sufficiency.
6. Appeal. A participant has the right to appeal the establishment of the limited benefit
plan only once, at the time the department issues the timely and adequate notice that
establishes the limited benefit plan. However, if the reason for the appeal is based on an
incorrect grant computation, an error in determining the composition of the family, or
another worker error, a hearing shall be granted, regardless of the person’s limited benefit
plan status.