Iowa Admin. Code r. 441-40.27 - [Effective 7/1/2025] Continuing eligibility
(1) Eligibility
factors will be reviewed at least every six months for the family investment
program. An interview may be conducted at the time of a review.
(2) A redetermination of specific eligibility
factors will be made when:
a. The recipient
reports a change in circumstances.
b. A change in the recipient's circumstances
comes to the attention of a staff member.
(3) Information for semiannual reviews shall
be submitted on a review form prescribed by the department.
a. The department will supply the review form
to the recipient as needed or upon request. The department will pay the cost of
postage to return the form.
(1) When the
review form is issued in the department's regular end-of-month mailing, the
recipient shall return the completed form to the department by the fifth
calendar day of the following month.
(2) When the review form is not issued in the
department's regular end-of-month mailing, the recipient shall return the
completed form to the department by the seventh day after the date it is mailed
by the department.
(3) A copy of a
review form received by fax or electronically will have the same effect as an
original form.
b. When
the client has completed the application form prescribed by the department for
another purpose, this form may be used as the review document.
c. The review form shall be signed by the
payee, the payee's authorized representative, or, when the payee is incompetent
or incapacitated, someone acting responsibly on the payee's behalf.
(4) Responsibilities of
recipients. For the purposes of this subrule, recipients shall include persons
who received assistance subject to recoupment because the persons were
ineligible.
a. The recipient shall cooperate
by giving complete and accurate information needed to establish eligibility and
the amount of the family investment program grant.
b. The recipient shall complete the required
review form when requested by the department in accordance with subrule
40.27(3). Failure to return a completed form will result in cancellation of
assistance. A completed form is a form with all items answered, signed, dated
and accompanied by verification as required in 441-paragraphs
41.27(1)"i" and 41.27(2)"h."
c. The recipient has the primary
responsibility for providing information and verification needed to establish
eligibility and the amount of the family investment program grant. The
recipient shall supply, insofar as the recipient is able, information and
verification needed within ten working days from the date a written request is
mailed by the department to the recipient's current mailing address or given to
the recipient. The department will extend the deadline when the recipient
requests an extension because the recipient is making every effort to supply
the information or verification but is unable to do so.
(1) "Supply" means that the requested
information or verification is received by the department by the specified due
date.
(2) When the recipient is
unable to furnish information or verification needed to establish eligibility
and the amount of the family investment program grant, the recipient shall
request assistance from the department.
(3) Failure to supply the information or
verification requested or to request assistance and authorize the department to
secure the requested information or verification from other sources will serve
as a basis for cancellation of assistance. Signing a general authorization for
release of information to the department does not meet this
responsibility.
d. The
recipient or applicant shall cooperate with the department when the recipient's
or applicant's case is selected by quality control for verification of
eligibility. The recipient or applicant shall also cooperate with the front end
investigations conducted by the department of inspections, appeals, and
licensing to determine whether information supplied to the department by the
client is complete and correct regarding pertinent public assistance
information unless the investigation revolves solely around the circumstances
of a person whose income and resources do not affect family investment program
eligibility (more information can be found in 481-Chapter 72). Failure to
cooperate will serve as a basis for cancellation or denial of the family's
assistance. Once denied or canceled for failure to cooperate, the family may
reapply but will not be considered for approval until cooperation
occurs.
e. The recipient, or an
individual being added to the existing eligible group, shall timely report any
change in the following circumstances:
(1)
Beginning or ending income, including receipt of a nonrecurring lump
sum.
(2) Resources.
(3) Members of the household.
(4) School attendance of a child.
(5) Mailing or living address.
(6) Receipt of a social security
number.
f. A report will
be considered timely when made within ten days from:
(1) The receipt of resources or income or the
date income ended.
(2) The date the
address changes.
(3) The date the
child is officially dropped from the school rolls.
(4) The date a person enters or leaves the
household.
(5) The receipt of a
social security number.
g. When a change is not timely reported, any
excess assistance paid will be subject to recovery.
(5) After assistance has been approved,
eligibility for continuing assistance and the amount of the grant will be
effective as of the first of each month. Any change affecting eligibility or
benefits reported during a month will be effective the first day of the next
calendar month except as follows:
a. When the
recipient reports a new person to be added to the eligible group and that
person meets eligibility requirements, a payment adjustment will be made for
the month of the report, subject to the effective date of grant limitations
prescribed in rule 441-40.26 (239B).
b. When cancellation of assistance occurs
later because issuance of a timely notice, as required by rule
441-16.2 (17A), requires that
the action be delayed until the first day of the second calendar month, any
overpayment received in the first calendar month will be recouped.
c. When the recipient reports a change in
income or circumstances timely, as defined in subrule 40.24(1) or 40.27(4), the
department will determine prospective eligibility and the grant amount for the
following month based on the change.
(1) A
payment adjustment will be made when indicated.
(2) Recoupment will be made for any
overpayment, with one exception. When a change in income is timely reported by
a recipient and timely acted upon by the department, but the timely notice, as
required by rule 441-16.2 (17A), requires the
action be delayed until the second calendar month following the month of
change, and eligibility continues, recoupment will not be made.
d. When an individual included in
the eligible group becomes ineligible, that individual's needs will be removed
prospectively effective the first day of the next calendar month. When the
action must be delayed due to administrative requirements, a payment adjustment
or recoupment will be made when appropriate.
e. When a sanction under 441-paragraph
41.22(6)"f" is implemented, the change will be effective:
(1) The first day of the next calendar month
after the change has occurred when the income maintenance unit determines
noncooperation; or
(2) After the
income maintenance unit receives notification from the child support recovery
unit when child support services determines noncooperation.
f. When a sanction under
441-paragraph 41.22(6)"f" is removed, the change will be
effective the first day of the next calendar month after the recipient has
expressed willingness to cooperate, as described in 441-paragraph
41.22(6)"f." However, action to remove the sanction will be
delayed until:
(1) Cooperation has actually
occurred; or
(2) The income
maintenance unit has received notification from child support services that the
client has cooperated.
g. A different effective date will be applied
when specifically indicated in family investment program rules, such as in
441-subrule 41.25(5) and 441-subparagraph
41.27(9)"c"(2).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Eligibility factors shall be reviewed at least every six months for the family investment program. An interview may be conducted at the time of a review.
(2) A redetermination of specific eligibility factors shall be made when:
a. The recipient reports a change in circumstances (for example, a change in income , as defined at rule 441-40.21 (239B)), or
b. A change in the recipient 's circumstances comes to the attention of a staff member.
(3) Information for semiannual reviews shall be submitted on Form 470-2881, 470-2881(M), 470-2881(S), or 470-2881(MS), Review/Recertification Eligibility Document (RRED).
a. The department shall supply the review form to the recipient as needed or upon request. The department shall pay the cost of postage to return the form.
(1) When the review form is issued in the department 's regular end-of-month mailing, the recipient shall return the completed form to the department by the fifth calendar day of the following month.
(2) When the review form is not issued in the department 's regular end-of-month mailing, the recipient shall return the completed form to the department by the seventh day after the date it is mailed by the department .
(3) A copy of a review form received by fax or electronically shall have the same effect as an original form.
b. When the client has completed Form 470-0462 or Form 470-0462(S), Food and Financial Support Application, for another purpose, this form may be used as the review document.
c. The review form shall be signed by the payee, the payee's authorized representative, or, when the payee is incompetent or incapacitated, someone acting responsibly on the payee's behalf.
(4) Responsibilities of recipients. For the purposes of this subrule, recipients shall include persons who received assistance subject to recoupment because the persons were ineligible.
a. The recipient shall cooperate by giving complete and accurate information needed to establish eligibility and the amount of the family investment program grant.
b. The recipient shall complete the required review form when requested by the department in accordance with subrule 40.27(3). Failure to return a completed form shall result in cancellation of assistance. A completed form is a form with all items answered, signed, dated and accompanied by verification as required in 441-paragraphs 41.27(1)"i" and 41.27(2)"h."
c. The recipient has the primary responsibility for providing information and verification needed to establish eligibility and the amount of the family investment program grant. The recipient shall supply, insofar as the recipient is able, information and verification needed within ten working days from the date a written request is mailed by the department to the recipient 's current mailing address or given to the recipient . The department shall extend the deadline when the recipient requests an extension because the recipient is making every effort to supply the information or verification but is unable to do so.
(1) "Supply" shall mean that the requested information or verification is received by the department by the specified due date.
(2) When the recipient is unable to furnish information or verification needed to establish eligibility and the amount of the family investment program grant, the recipient shall request assistance from the department .
(3) Failure to supply the information or verification requested or to request assistance and authorize the department to secure the requested information or verification from other sources shall serve as a basis for cancellation of assistance. Signing a general authorization for release of information to the department does not meet this responsibility.
d. The recipient or applicant shall cooperate with the department when the recipient 's or applicant 's case is selected by quality control for verification of eligibility. The recipient or applicant shall also cooperate with the front end investigations conducted by the department of inspections and appeals to determine whether information supplied to the department by the client is complete and correct regarding pertinent public assistance information unless the investigation revolves solely around the circumstances of a person whose income and resources do not affect family investment program eligibility. (See department of inspections and appeals rules 481-Chapter 72.) Failure to cooperate shall serve as a basis for cancellation or denial of the family's assistance. Once denied or canceled for failure to cooperate, the family may reapply but shall not be considered for approval until cooperation occurs.
e. The recipient , or an individual being added to the existing eligible group, shall timely report any change in the following circumstances:
(1) Beginning or ending income, including receipt of a nonrecurring lump sum.
(2) Resources.
(3) Members of the household.
(4) School attendance of a child.
(5) Mailing or living address.
(6) Receipt of a social security number.
f. A report shall be considered timely when made within ten days from:
(1) The receipt of resources or income or the date income ended.
(2) The date the address changes.
(3) The date the child is officially dropped from the school rolls.
(4) The date a person enters or leaves the household.
(5) The receipt of a social security number.
g. When a change is not timely reported, any excess assistance paid shall be subject to recovery.
(5) After assistance has been approved, eligibility for continuing assistance and the amount of the grant shall be effective as of the first of each month. Any change affecting eligibility or benefits reported during a month shall be effective the first day of the next calendar month except as follows:
a. When the recipient reports a new person to be added to the eligible group, and that person meets eligibility requirements, a payment adjustment shall be made for the month of report, subject to the effective date of grant limitations prescribed in 441-40.26 (239B).
b. When cancellation of assistance occurs later because issuance of a timely notice, as required by rule 441-16.3 (17A), requires that the action be delayed until the first day of the second calendar month, any overpayment received in the first calendar month shall be recouped.
c. When the recipient reports a change in income or circumstances timely, as defined in 40.24(1) or 40.27(4), the department shall determine prospective eligibility and the grant amount for the following month based on the change.
(1) A payment adjustment shall be made when indicated.
(2) Recoupment shall be made for any overpayment, with one exception. When a change in income is timely reported by a recipient and timely acted upon by the department , but the timely notice, as required by rule 441-16.3 (17A), requires the action be delayed until the second calendar month following the month of change, and eligibility continues, recoupment shall not be made.
d. When an individual included in the eligible group becomes ineligible, that individual's needs shall be removed prospectively effective the first day of the next calendar month. When the action must be delayed due to administrative requirements, a payment adjustment or recoupment shall be made when appropriate.
e. When a sanction under 441-paragraph 41.22(6)"f" is implemented, the change shall be effective:
(1) The first day of the next calendar month after the change has occurred when the income maintenance unit determines noncooperation; or
(2) After the income maintenance unit receives notification from the child support recovery unit when the child support recovery unit determines noncooperation.
f. When a sanction under 441-paragraph 41.22(6)"f" is removed, the change shall be effective the first day of the next calendar month after the recipient has expressed willingness to cooperate, as described in 441-paragraph 41.22(6)"f." However, action to remove the sanction shall be delayed until:
(1) Cooperation has actually occurred; or
(2) The income maintenance unit has received notification from the child support recovery unit that the client has cooperated.
g. A different effective date shall be applied when specifically indicated in family investment program rules, such as in 441-subrule 41.25(5) and 441-subparagraph 41.27(9)"c"(2).
This rule is intended to implement Iowa Code sections 239B.2, 239B.3, 239B.5, 239B.6 and 239B.18.