Alabama Administrative Code

Author: Notes Ala. Admin. Code r. 660-2-17-.04 Effective June 28, 1983. Emergency repealer effective December 31, 1988. Permanent repealer effective April 11, 1989. Statutory Authority: Social Security Act, Title IV, Part C, §432; State WIN Plan.

Author: Notes Ala. Admin. Code r. 660-2-17-.05 Effective June 28, 1983. Emergency repealer effective December 31, 1988. Permanent repealer effective April 11, 1989. Statutory Authority: Social Security Act, Title IV, Parts A and C, §402 et seq., §430-444, as amended; 45 C.F.R. §2…

Author: Notes Ala. Admin. Code r. 660-2-17-.06 Effective June 28, 1983. Emergency repealer effective December 31, 1988. Permanent repealer effective April 11, 1989. Statutory Authority: Social Security Act, Title IV, Part A, §402 et seq., as amended; 45 C.F.R. §224.20 ; State WIN…

Author: Notes Ala. Admin. Code r. 660-2-17-.07 Effective June 28, 1983. Emergency repealer effective December 31, 1988. Permanent repealer effective April 11, 1989. Statutory Authority: Social Security Act, Title IV, Parts A and C, §402 et seq., §430-444, as amended; 45 C.F.R. §2…

Author: Notes Ala. Admin. Code r. 660-2-17-.08 Effective June 28, 1983. Emergency repealer effective December 31, 1988. Permanent repealer effective April 11, 1989. Statutory Authority: Social Security Act, Title IV, Part C, §430-444; 45 C.F.R. §224.30 ; State WIN Plan.

Author: Notes Ala. Admin. Code r. 660-2-17-.09 Effective June 28, 1983. Emergency repealer effective December 31, 1988. Permanent repealer effective April 11, 1989. Statutory Authority: Social Security Act, Title IV, Parts A and C, §402 et seq., §430-444, as amended; 45 C.F.R. §2…

Author: Notes Ala. Admin. Code r. 660-2-17-.10 Effective June 28, 1983. Emergency repealer effective December 31, 1988. Permanent repealer effective April 11, 1989. Statutory Authority: Social Security Act, Title IV, Parts A and C, §402 et seq., §430-444, as amended; 45 C.F.R. §2…

Notes Ala. Admin. Code r. 660-2-18-.01 Effective June 28, 1983. Emergency amendment effective October 1, 1983. Permanent amendment effective January 9, 1984. Succedent emergency amendment effective January 1, 1985. Permanent succedent amendment effective March 12, 1985. Succedent…

Family Assistance (FA) is designed to provide financial assistance to children and their parent(s) who are needy as defined by the Department. The legal base for the financial assistance program is Title IV-A of the Social Security Act, Code of Ala. 1975, as amended, Title 38 and…

The Department has the responsibility for administering the AFDC Program. All activities are in compliance with Title VI of the Federal Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. The Department of Human Resources is responsible for program policy …

(1) Any person has the right to apply for assistance, have his/her eligibility determined, and if found eligible, to receive an established monthly amount unless benefits are prohibited per rule 660-2-2-.40. Any and all payments are subject to availability of funds. Persons recei…

An application is a specific written request on the designated agency application form, which has been completed, dated and signed by the applicant, to have eligibility for ADC determined. (The applicant must be informed of the Department's standards of assistance, penalties for …

The administrative definitions applicable to the application process are as follows: (a) An applicant is an individual who made application for public assistance to the County Department in behalf of dependent children and whose application has not been disposed of by appropriate…

The Department has 30 calendar days from the date of application to make a decision on eligibility and to make benefits available or mail notice of denial on a FA application. Notes Ala. Admin. Code r. 660-2-2-.06 Effective June 28, 1983. Amended: Filed August 6, 2007; effective …

(1) Entitlement for direct assistance begins the first day of the month for which the Department's worker establishes eligibility and authorizes payment by completing, dating and signing the computer/financial documents, except payments authorized for the month of application are…

The Department must determine the individual's eligibility for continued Family Assistance (FA) payment prospectively at least once every 12 months. Special redeterminations may be scheduled in advance during the intervening period based on known facts. A special redetermination …

The administrative definitions applicable to the redetermination process are as follows: (a) A recipient is any person who receives a public assistance money payment. Persons not receiving a money payment due to sanctions pursuant to rules numbered 660-2-2-.18 and 660-2-2-.23 or …

The amount of assistance payment that a person receives is determined by using the appropriate payment standard (as established by the Department based on availability of funds) minus the rounded total net available income. The resulting deficit is to be the grant amount subject …

The parent living in the home with the child will, in most instances, be payee of the grant. The specified relative living in the home can, in most circumstances, be payee only when there is no parent living in the home. A non-relative can be payee for an active Family Assistance…

The needs of a person shall not be considered in more than one assistance grant at the same time. There may be only one payee for a sibling group of children living in the same household. Author: Notes Ala. Admin. Code r. 660-2-2-.12 Effective June 28, 1983. Statutory Authority: …

(1) In general, an erroneous payment means an underpayment, overpayment, delayed payment, or a payment for a period of ineligibility. The following definitions are applicable: (a) A delayed payment is defined as a payment that has been properly authorized but the issue of a check…

(1) Program rules provide that a person receiving assistance must be given or mailed written notification ten days in advance of action to terminate his grant or reduce the amount of his assistance. (2) Conformity to ten-day notice is waived in the following situations, but writt…

A child must be under the age of 18 unless s/he is participating in a State approved educational or training program. In this case, eligibility continues through the last month of school/training attendance in the eighteenth year. If not in school/training, the child continues el…

(1) A person must be a resident of Alabama in order to receive public assistance and must be physically present in the State when his application is approved unless detained because of illness while temporarily outside of the State and residence requirements are otherwise met. A …

The child or parent, or relative whose needs are included in the grant must be either a U. S. citizen, or an eligible alien as defined below. Eligible Alien: (a) For five (5) years after the individual obtains the designated alien status: (1) Refugees admitted under section 207 o…

(1) Each individual who is: (a) a parent, or stepparent of a child in the assistance unit and whose needs are included in a family assistance grant as an adult or (b) excluded from the assistance unit for reasons required by Federal or State law or Family Assistance program rules…

(Repealed). Author: Notes Ala. Admin. Code r. 660-2-2-.19 Effective June 28, 1983. Emergency amendment effective August 4, 1983. Permanent amendment effective November 8, 1983. Succedent emergency amendment effective October 1, 1990. Succedent permanent amendment effective Januar…

The child must be living in the home of a blood relative (whole blood or half-blood) within a prescribed degree of relationship as provided for in departmental operating manuals. Blood relatives with alleged status may serve where a preponderance of evidence indicates that they a…

To be eligible for Family Assistance (FA), the child, parent, or relative must provide the Social Security account number when known for each person whose needs are included in the grant, or apply for and then furnish a Social Security account number for each individual who eithe…

The Child Support Act of 1979 provides in part that, by accepting FA, each recipient of FA in his care has assigned to the Department of Human Resources the right to any child support owed for or to him and/or for or to the children in his care up to the amount of FA paid to him/…

(1) To be eligible for FA, the parent or relative of the child(ren) must cooperate with the Department in identifying and naming the parent(s) of the child who is receiving FA; establishing the paternity of the child who is born out of wedlock and receiving FA; obtaining child su…

A referral is made by the eligibility worker to child support as appropriate at the time initial assistance is authorized. Author: Dorothy Phillips Notes Ala. Admin. Code r. 660-2-2-.24 Effective June 28, 1983. Emergency amendment effective October 1, 1989. Succedent permanent am…

(Repealed). Author: Notes Ala. Admin. Code r. 660-2-2-.25 Effective June 28, 1983. Succedent emergency amendment effective April 1, 1990. Succedent permanent amendment effective July 11, 1990. Repealed: Filed May 8, 1995; effective June 12, 1995. Statutory Authority: Social Secur…

(1) Participation in a strike on the last day of the month results in ineligibility for assistance for that month. If the individual involved in a strike is the parent or stepparent, the entire family is ineligible for that month. If the individual involved in a strike is a child…

To be eligible based on need, the family must not have total net countable income equal to or in excess of the appropriate payment standard subject to the minimum payment regulations of Rule No. 660-2-2-.10. Eligibility is determined prospectively. Either of two budgeting procedu…

Notes Ala. Admin. Code r. 660-2-2-.28 Effective June 28, 1983. Emergency amendment effective January 1, 1987. Permanent amendment effective April 29, 1987. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed March 7, 1997; effective April 11, 1997. Amended:…

Notes Ala. Admin. Code r. 660-2-2-.29 Effective June 28, 1983. Repealed: Filed August 6, 2007; effective September 10, 2007. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20; State Plan for Title IV-A; Code of Ala. 1975, Title 38.

(1) Only currently available gross income is taken into consideration in determining eligibility for and the amount of the assistance payments unless specifically excluded according to State and Federal law or as otherwise provided for in program operating manuals. "Available" in…

The State Department has developed a payment standard which varies by family size. The standard must be used in determining financial need in all cases. The standard based on the amount of funds available, and is used uniformly throughout the State. The countable income, if any, …

The grant amount is computed by subtracting rounded total net income from the payment standard. When payment is authorized for the month the application is received, the grant amount is equal to the amount payable if payment was made for the entire month multiplied by the ratio o…

(Repealed). Author: Melody Armstrong Notes Ala. Admin. Code r. 660-2-2-.33 Effective June 28, 1983. Repealed: Filed May 6, 1997; effective June 10, 1997. Statutory Authority: Social Security Act; Title XIX; Title XIX State Plan; 42 C.F.R. 435.

(Repealed). Author: Notes Ala. Admin. Code r. 660-2-2-.34 Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent amendment effective December 10, 1984. Succedent emergency amendment effective October 21, 1986. Succedent permanent amendment effective Feb…

At any time the eligibility worker suspects abuse or neglect of any child or adult, he must immediately refer the case to the appropriate service unit. All persons receiving ADC are referred to the Service Unit when problems or needs of individuals are evidenced or services are d…

(1) An assistance unit consists of those parents receiving or applying for aid. Parents, stepparents and siblings must be included in the assistance unit, unless they are ineligible to receive assistance due to, age or relationship, or as aliens, or are recipients of FCMP. Failur…

All grantee relatives and/or individuals included in the assistance unit must apply for and convert to a state of availability any benefit, award, or potential source of income to which members of the assistance unit may be legally entitled. If documentation of action taken towar…

(1) A minor parent and the dependent child/ren in his or her care, unless exempt, must reside in the household of a parent, legal guardian or other adult relative or in an adult-supervised supportive living arrangement in order to receive FA. Failure to meet the minor parent livi…

(1) The applicant must apply for three positions of unsubsidized employment during the application process unless pursuant to Department program operating guidelines the applicant is exempt or has good cause for not doing so. (2) Failure/refusal of the applicant to make applicati…

(1) Funds provided by the Federal Government under the TANF block grant cannot be used to provide assistance to a family in which the grantee or spouse of the grantee has received assistance for more than 60 months (whether or not consecutive). A month of assistance does not incl…

(1) Legal Basis (a) Federal law requires states to prevent assistance provided under the FA Program from being used in any EBT transaction in liquor stores, gambling establishments, and strip clubs. State law prohibits the withdrawal or use of benefits in an EBT transaction in a …

(1) Adult applicants/recipients who are otherwise eligible for assistance must cooperate with the Department in activities needed to determine if reasonable suspicion exists that the adult uses or is under the influence of a drug and if reasonable suspicion exists by completing a…