CHAPTER 1 / WV INCOME MAINTENANCE MANUAL
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1.25WV WORKS

When WV WORKS applicants are also SNAP and/or Medicaid applicants, requirements in 1.2 and 1.4 also apply to the SNAP portion of the case and the requirements in Sections 1.2,1.6-1.22 apply to the Medicaid portion.

A.APPLICATION FORMS

A DFA-2 is used.

NOTE: When an application has been made for WV WORKS and/or Medicaid and the application is denied, withdrawn or approved for DCA, the AG or non-recipientWork-Eligible Individualmust not be required to make an additional application forSNAP. SNAP eligibility must be determined based on the information provided for the other programs.

B.COMPLETE APPLICATION

The application is complete, when the client signs a DFA-2 or DFA-5 which contains, at a minimum, his name and address.

NOTE: When the applicant has completed the interactive interview, and there is a technical failure that prevents the printing of the DFA-2, Form DFA-5 must be signed by the applicant, attached and filed in the case record with the subsequently printed DFA-2. The DFA-RR-1 must also be completed and signed. He must not be required to return to the office to sign the DFA-2 when the DFA-5 has been signed.

An application is considered incomplete when the client chooses not to sign the DFA-2. It is a withdrawal, and appropriate data system action and client notification must be completed. The recording in Case Comments must specify that the client did not want to sign the application and the reason for his decision. The client must be encouraged to sign the application so there is no misunderstanding that he was denied the right to apply.

C.DATE OF APPLICATION

The date of application is the date that the DFA-2, which contains, at a minimum, the applicant’s name and address, is signed. Benefits are prorated from the date of application when all other eligibility requirements are met.

If a household which became ineligible due to a lump sum payment requests recomputation, the date of application is the date of the request.

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Because approval depends upon making the application, attending orientation, and negotiating a PRC, as well as providing verifications, all of which may not be available to the client on the date of application, form DFA-RFA-1 is available to protect the date of application for proration purposes. There must be a full application made subsequent to each DFA-RFA-1. If the client fails to follow through with the application, a RAPIDS entry must be made to withdraw the DFA-RFA-1.

The DFA-RFA-1 may only be used when a DFA-2 is not completed at the time the client expresses an intent to apply for WV WORKS.

D.INTERVIEW REQUIRED

A face-to-face interview is required.

E.WHO MUST BE INTERVIEWED

NOTE: Information in this item applies only to the intake interview. While it is possible to have only one parent participate in the intake interview, it will usually be necessary for both parentsto be interviewed about the PRC and other WV WORKS requirements. A representative of the specified relative may participate in the intake interview, but the specified relative must be interviewed about the PRC and other WV WORKS requirements.

The specified relative with whom the child lives must participate in the intake interview.

If the child is living with both parents or a parent and a stepparent, both must be interviewed unless:

-One parent or stepparent is hospitalized; or

-One parent or stepparent is employed and his working hours preclude participation in the interview during the agency's normal working hours.

When the specified relative with whom the child lives has a legal committee, the committee must be interviewed.

If the child is living with only one specified relative who is unable to participate in the interview, a representative may participate in the intake interview. A written statement, signed by the specified relative, who gives the representative authority to apply on his behalf, is required.

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F.WHO MUST SIGN

The individual(s) who is interviewed must sign the DFA-2. If the child(ren) lives with both parents or a parent and a stepparent, both must sign, even if separate interviews are conducted.

G.CONTENT OF THE INTERVIEW

In addition to the requirements outlined in Section 1.2, the following specific requirements apply.

-BCSE - Explain redirection requirements, good cause, penalties for failure to cooperate without good cause, possible referral to BCSE for signature of paternity acknowledgment, and obtain the signature on the DFA-AP-1 of the relative with whom the child lives.

-Non-recipient Work-Eligible Individuals - Explain that non-recipient Work-Eligible Individuals living in the household with an eligible child must complete the PRC, orientation, and be enrolled in a work activity and meet all other program requirements or the AG is ineligible for WV WORKS.

-Work Requirements - Explain the purpose of WV WORKS; DCA payments, if appropriate; TM, child care assistance and job placement.

-Explain that participation in a work activity is an eligibility requirement.

-Personal Responsibility Contract (PRC) - Explanation and completion of the PRC is not required to be part of the intake interview, but it may be done at the same time. See item T below for details about the PRC requirements.

-Repayments - Discuss any outstanding repayments. See item L below.

-Eligibility - Explain beginning date of eligibility and the importance of establishing eligibility as soon as possible.

-WV WORKS post-employment options – Discuss the 2 types of employment support payments:

  • Option 1 - Up to a 6-month period during which the former WV WORKS participant may be eligible for continued support payments and services; or
  • Option 2 - The West Virginia Employment Assistance Program which allows the employed former TANF recipient to continue to receive the TANF payment he received prior to becoming employed for up to a 6-month period.

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-Medicaid - Explain that Medicaid eligibility is a separate determination and how and when the medical card is issued, if appropriate.

-Lump Sum - If the client indicates he may be receiving a lump sum payment, explain the lump sum policy.

-Pregnancy - Explain the need for the client to report immediately when anyone in the AG or a non-recipientWork-Eligible Individualbecomes pregnant.

-Caretaker Relative Option

NOTE: When a parent(s) is included with his own child(ren), the OFS-WVW-10 must not be signed. When the AG includes a parent(s), his child(ren) and other children for whom the parent is a specified relative, the parent is required to be included and form OFS-WVW-10 must not be signed. The form is used only when a caretaker relative receives cash assistance only for children to whom he is not a parent.

For cases in which the caretaker relative is not a natural or adoptive parent, form OFS-WVW-10 must be explained. The form must be signed and completed prior to approval, but not necessarily during the intake interview. The Worker must explain the option of being included or excluded from the AG and answer the client’s questions about the consequences of each choice. Refusal, or other failure, of the caretaker relative to sign the form results in denial of eligibility for the caretaker relative for at least 12 months. Eligibility continues to be denied beyond 12 months, for as long as the caretaker fails to choose. The original form must be filed in the case record and the client must be given a copy. See Section 9.21 for details about the limited choice for the caretaker.

-Domestic Violence - Explain that information is available throughout the office and from the Worker regarding domestic violence and that this subject is discussed with all clients. No individual is specifically targeted to receive the information. Disclosure of domestic violence may have an affect on any PRC, work requirements or time limits the client is expected to meet while a WV WORKS recipient. A referral to the appropriate community resource or domestic violence program must be made to develop a plan to assist the client in meeting any WV WORKS requirements. See Sections 13.8 for temporary exemptions to the WV WORKS work requirements and Sections 15.6 and 15.7 for WV WORKS time limits.

-Earned Income Tax Credit (EITC) - Briefly explain that this is a tax credit for people who work or have worked and had earned income under a specified amount. Pamphlets should be in the local offices to explain the EITC in more detail.

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-Direct Deposit - The Worker must provide an enrollment brochure and explain the following about direct deposit:

  • The advantages of receiving the WV WORKS and CSI benefits by direct deposit and that enrollment is optional. The client uses a bank of his choice and once the benefit is deposited, the client isresponsible for all dealings with his bank and for all fees and penalties associated with his own bank account. The WV WORKS benefit is deposited on the last State work day of the month prior to the month the benefit is due. The CSI benefit is available on approximately the 20th calendar day of the month.
  • That the client can choose between direct deposit and EBT.
  • How to enroll and dis-enroll in direct deposit
  • That the effective date of the first direct deposit is dependent upon the date of submission for the enrollment form and the accuracy of the information provided and is the responsibility of the Auditor’s Office. It is generally the month following the month of enrollment. The client will continue to receive the WV WORKS and CSI by EBT until direct deposit is effective. He may contact his bank or the Auditor’s Office to determine when the benefit has been deposited. After the initial WV WORKS benefit, only the monthly WV WORKS and CSI benefits are direct deposited.

Once the client chooses direct deposit, this choice continues until the client cancels it with the Auditor’s Office. This is true even if the case is closed and later reopened.

  • Information which must be reported to the State Auditor’s Office after enrollment
  • When the benefit cannot be deposited into a bank account after enrollment, benefits will be deposited into an EBT account and the client must re-enroll in direct deposit. Until the client submits updated information to re-enroll, benefits will be deposited into an EBT account and accessed with an EBT card.
  • The Treasure’s Office e-mail address at which the client may obtain information about banks in the area in which he lives which provide no- or low-cost services. The Worker may access the information for the client.

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-Explain the following about EBT:

  • That the WV WORKS, DCA and CSI cash benefits will be deposited into an EBT account and accessed with an EBT card. If the WV WORKS and CSI benefits are direct deposited, the initial WV WORKS benefit and any WV WORKS and CSI supplemental benefits go in the EBT account.
  • When the first card and PIN will be received and that the first card must be activated prior to use.
  • When the benefits will be available in the account

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  • The importance of choosing an authorized cardholder who can also access the EBT account
  • Services are available by calling the Automated Response Unit (ARU) or by talking with a Customer Service Representative (CSR). These services include, but are not limited to, activation of a new card,replacinga lost/stolen/damaged EBT card, obtaining a new or different PIN, cancellation of an authorized cardholder and checking an account balance(s).

H.DUE DATE OF ADDITIONAL INFORMATION

The client and the Worker agree on the date by which additional verification must be obtained.

I.AGENCY TIME LIMITS

By the 10th working day following the date of the initial contact when a client expresses an interest in applying for WV WORKS, the Worker must have completed all of the following duties. The initial contact by the client may be in person or by telephone to start the 10-day period.

-Acceptance of the application orDFA-RFA-1. This must be completed prior to orientation and prior to negotiation of the initial PRC; and

-The client’s orientation, when it appearsthe AG will be eligible; and

-The initial PRC, when it appears the AG will be eligible.

Data system action must be taken to approve, deny or withdraw the application within 30 days of the same date.

EXCEPTION: When the delay is a result of factors outside the control of the Department and the applicant, or when the client requests a delay, any of the above actions may be postponed. When action is postponed due to the client’s request, his request must be recorded on CMCC.

EXAMPLE: An applicant telephones the office on June 26th to find out how to apply for WV WORKS. At that time, an appointment is scheduled for him to meet with a Worker on July 5th. The next group orientation after the application is completed is July 12th, which is past the 10-day time limit. Therefore, the Worker must complete an individual orientation session for this applicant, preferably at the intake interview on July 5th.

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EXAMPLE: An applicant contacts the office by telephone on September 10th to find out how to apply for WV WORKS. At that time an appointment is scheduled for him to meet with a Worker on September 13th and to attend group orientation on Sept. 19th. The applicant is caring for his mother until she can be placed in a nursing home. Placement is expected on September 25th, so he requests that his appointments be rescheduled for later that same week. He is then scheduled to meet with the Worker on September 26th and to attend group orientation later that same day. Although the application process is completed outside the time limit, it is due to the client’s request which is recorded on CMCC.

J.AGENCY DELAYS

If an application has not been acted on within the required time limit due to agency error, corrective action must be taken immediately.

K.PAYEE

The payee is the individual in whose name the WV WORKS benefit is issued. The payee must use his legal name whenever possible, unless there is some circumstance that justifies the use of another name. If so, the decision to allow use of another name is made by the Policy Unit based on information submitted by the local office. See below for the EBT payee.

The parent with whom the child is residing is the payee. When the child lives with 2 parentswho are included in the benefit, the parents choose the payee. When a child lives with a parent and a non-recipient Work-Eligible Parent, the payee should be the recipient parent. When the child lives with a parent and a stepparent, the parent is the payee. When the child lives with one relative other than a parent, the specified relative is the payee. When a child lives with two specified relatives other than a parent, they must choose who will be the payee.

For EBT purposes, certain information about RAPIDS primary person is automatically sent to the EBT vendor in what is called a demographic record. This information is used to set up the EBT account, mail the EBT card and to identify the payee and authorized cardholders for security purpose when a call is made to the ARU. See Chapter 21 for card replacement procedures. The card is sent to the payee, regardless of whether or not he is the primary person. A primary person who is not a payee is issued an EBT card as an authorized cardholder. See item T.

NOTE: Payments are not issued to unemancipated minor parents. Instead, the parent or other responsible adult with whom the minor parent lives, or who supervises the minor parent’s living arrangement, is the payee. The minor parent is not a cardholder for EBT benefits.

When a substitute payee is appropriate at application, see Chapter 2.

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L.REPAYMENT AND PENALTIES

Before the case is approved, the Worker must determine if there is a WV WORKS, AFDC,or AFDC-Related Medicaid claim outstanding against any member of the AG or the non-recipient Work-Eligible Individual. If so, the Worker must initiate appropriate repayment procedures prior to approval.

If the client has been making voluntary payments, he must be informed that repayment must be made, when possible, from his monthly benefit, i.e., recoupment.