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FIP Benefits Update: Ban on Receiving Benefits After 60 Months Starts January 1, 2002
by: Iowa Legal Aid
December 2001
Starting January 1, 2002, many Iowans reached the 60-month limit on getting Family Investment Program (FIP) benefits. Money from the program will end unless the person is exempt from the limit due to a hardship. This article deals with the 60-month (five year) lifetime limit. It explains the laws on asking to extend FIP benefits for six more months.
You may be an Iowan who has been getting FIP benefits since January 1, 1997, or will soon reach 60 months of benefits. People may ask for a six-month FIP extension if they meet certain hardship criteria. More than one six-month extension may be available for those who qualify.
How Many Iowans Does This Effect?
The Iowa Department of Human Services estimates that 303 households could be cut off from FIP on January 1, 2002. Another 144 could be cut off in February. During 2002, almost 900 households could lose their benefits. Another 480 households could be cut off in 2003. These estimates are based on how many people DHS expects to reach 60 months of benefits, and not get a six-month extension.
What Counts Toward the 60-Months of Benefits?
Any month an adult head of household gets FIP benefits will count toward the 60-month limit. The 60-month limit does not apply where the FIP child's only parent in the home is on SSI. However, for any month when both parents of the FIP child are in the home, but only one parent is on SSI, the month counts to the 60-month limit.
For example: Sally Doe and her two children get FIP. The whole family will be ineligible when Sally has received FIP for 60 months.
Another example: Mr. Smith and Ms. Smith are married and have two children. Ms Smith is disabled and has been getting SSI for the past ten years. The family has received FIP since January of 1997. The family will be subject to the 60-month limitation since one of the parents was on the FIP grant and not on SSI. If the household was only Ms. Smith and her two children, the family would not be subject to the 60-month limitation.
In cases where the children do not live with parents (non-parental children), only the needy specified relative becomes ineligible at the end of the 60-month period. Assistance for the non-parental children may continue.
For example: Jack Doe gets FIP benefits for himself and two grandchildren. At the end of the 60-month period, only Jack Doe will be removed from the grant. He may continue to receive FIP for his grandchildren. His grant would go from $426 for a three-person household to $361 for just the two grandchildren.
The total limit of 60 months does not have to be 60 months in a row. Any FIP benefits after January 1, 1997, will count as part of the total. Assistance from before January 1, 1997, is not counted. Even though someone gets assistance for just part of a month, it still counts as a full month.
To figure the number of months a family got assistance, the Department will not consider toward the 60-month limit any month the family did not get a FIP check. This includes when:
- all assistance is suspended for the month;
- no assistance is issued for the month because the family was eligible for less than $10 in benefits;
- all assistance for the month is returned;
- the state gets paid back for all assistance given in the month through child support collection or overpayment recovery.
Also, the Department will not count as part of the 60-month limit some cases that include a minor who is a parent who lives with an adult who is on FIP. DHS will also not count as part of the limit certain relatives who may be taking care of a child but do not get FIP for themselves.
Under federal law, any TANF payment (welfare) a person gets in any state counts toward the 60 months. However, the Iowa Department of Human Services has not determined how it will track the payments from other states. This means DHS will not be counting TANF payments made in other states until some time in the future. It is likely it will be a number of years before Iowa will be able to count welfare payments made in other states. Iowans who got welfare payments in another state since January 1, 1997, should not have those payments counted toward the 60-month limit in Iowa. Since the Iowa Department of Human Services will not at this time be counting welfare payments made in another state, you should be eligible in Iowa so long as you have not received 60-months of FIP benefits in Iowa.
Exceptions to the 60-Month Limit
A family may get FIP assistance for more than 60 months if it qualifies for a hardship exemption. The Department defines "hardship" as circumstances that prevent a family from being self-supporting. The Department is to take into account a family's safety if FIP benefits are terminated.
The rules to decide whether to grant a hardship exemption should be applied to the family's circumstances present at the time the application for the hardship exemption is made. For example, if domestic violence took place three years ago but does not impact the family's ability to become self-sufficient, it may not meet the hardship criteria.
Iowa's Department of Human Services rules provide that families with an adult who is an alien and not permitted to work cannot get more than 60 months of FIP assistance. This is the only group of people who cannot ask for an extension. This restriction may be contrary to federal law.
Who Should Ask for the Hardship Exemption - 6 Month Extension?
Families with adults who have reached the 60-month limit should consider requesting a "hardship" exemption. The Department will not accept a request for hardship exemptions prior to the first day of the family's 59th month on FIP assistance. This lets a family ask for a hardship exemption two months before they will be cut off FIP. If you believe you meet the hardship criteria, you should ask for an exemption.
A Closer Look at Exemptions
The Department's definition of domestic violence is very broad. It includes physical assaults as well as mental abuse or sexual abuse. Be sure to read the next section below on "How Do I Ask for An Exemption?" if domestic violence is a factor in your case.
Actively pursuing Social Security disability benefits or SSI benefits may be considered in deciding whether or not to grant a hardship.
The final item on the DHS list is "other circumstances which prevent the family from becoming self-supporting." This is a very broad provision. It may be used to ask for a hardship exemption if a family does not fit into any other category, but you believe that benefits should be continued.
How Do I Ask for an Exemption?
The form to use is called "Request for FIP Beyond 60 Months (Form 470-3826)." You can get it at any DHS or Promise Jobs office. Before you complete and submit the form, be aware of the following factors:
- The form fails to list one of the reasons that can be used to request an exemption. Actively pursing verification of a disability through Social Security Administration is not mentioned on the form, even though it is a valid reason to ask for an exemption.
- The form also does not list safety concerns as a reason for requesting an exemption. A possible safety concern could be that losing FIP benefits could result in you and your child(ren) becoming homeless. Another safety issue might be that losing benefits would mean getting your utilities shut off. If the loss of benefits would make any physical or medical conditions worse or raise any other safety concerns, you should list them on the form.
- The form does not give much detail on what is considered domestic abuse.
Important Note for Hardships Due to Domestic Abuse
As noted above, DHS uses a very broad definition of domestic violence. "Domestic violence" means that the family includes someone who has been battered or subjected to extreme cruelty. It includes:
- Physical acts that resulted in, or are threatened to result in, physical injury to the individual;
- Sexual abuse;
- Sexual activity involving a dependent child;
- Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
- Threats of, or attempts at, physical or sexual abuse;
- Mental abuse;
- Neglect or deprivation of medical care.
If you are claiming a hardship because of domestic abuse, you may want to contact one of the sources of help listed at the end of this article.
When Do I Find Out if My Request is Granted?
Your Income Maintenance Worker will look at the reasons you give to DHS in support of your request for an exemption. He or she will determine if you should be exempt from the 60-month limit due to a hardship. The decision shall be made no later than 30 days after the Department of Human Services gets a written request. A written notice of decision will be issued by the next working day after a decision on eligibility for hardship is made.
If your request is granted, you will be exempt for six months. There is no limit on the number of hardship exemptions a family may get over time. However, for each 6-month extension, the family must negotiate and sign a new Family Investment Agreement (FIA). Any family that gets a hardship exemption but does not follow the terms of the FIA will be placed on a Limited Benefit Plan.
If Your Request Is Denied, You Have the Right to Appeal
If a request for hardship exemption is denied by the Income Maintenance Worker, the family has a right to appeal the decision by filing an appeal with the local office. The regular appeal times apply to such appeals. This means if a family gets a notice of denial, the family has 30 days to file an appeal. If the family files the appeal within 10 days and asks for benefits to continue, the FIP benefits will continue until DHS issues a final decision. Those benefits are subject to repayment if the family ends up losing the appeal.
Know When Your Benefits Will End and Think About What You Will Do
Under the law, most households will be denied FIP payments when the 60-months are reached. This could have very serious results for children and adults with little other than food stamps to support themselves. It is very important to know when you will be reaching the 60-month limit. If you believe you need continued benefits and would meet one of the hardship exceptions, make sure you apply and send in any supporting records when you reach the 59th month. Asking for the exemption as soon as possible helps make sure you will have enough time to find out if you will be able to continue to get benefits. It is a good idea to check with your income maintenance worker to see how many months of benefits you have that count toward your 60-months limit.
How to Get Help
Iowa Legal Aid does represent families with FIP problems. If you feel that you need help in filing your application for hardship exemption, contact Iowa Legal Aid. You may also want to ask for help to appeal a denial of your hardship exemption, or negotiating a new Family Investment Agreement. Call any Iowa Legal Aid office to ask for assistance.
You or family members may want to know more about the 60-month limit and how to request a hardship exception. Contact your local Iowa Legal Aid regional office. You may also want to check with your local Iowa Department of Human Services office, Promise Jobs office, or local domestic abuse program if you are a survivor of domestic violence.
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