369.3 Determination of grant and its payment.
(a) Designation of grantee. A grantee is a parent or other specified
eligible relative to whom an FA grant is made for the benefit of a child or minor in one
of the following living situations:
(1) Child living with one or both parents.
(i) When a child or
minor is living with one parent, that parent is the grantee.
(ii) When a child or
minor is living with both parents, either parent may be designated the grantee.
(2) Children living with other relatives.
(i) If the relative who
is the grantee is without adequate means of support, is not in receipt of SSI and applies
for public assistance, his or her needs must be included in the Family Assistance grant.
The spouse of such relative may not be included in the grant or recipient count except as
an essential person.
(ii) When a dependent
child who is receiving foster care maintenance payments is living with a relative within
the degree specified in section 369.1(b) of this Part, the presence of the
"needy" child in the relative's home qualifies the relative for Family
Assistance benefits for his or her own needs. The needs and income of the child who
receives foster care maintenance payments cannot be considered in determining the amount
of the assistance payments. A child whose presence in the home qualifies the applying
foster parent for Family Assistance cannot also be considered a temporarily absent member
of the home from which he or she was placed
(3) Children of different parentage.
(i) If children of
different parentage are living with the same eligible relative, a single grant shall be
issued to meet the needs of all children in the household receiving FA.
(ii) If two or more
dependent children live with two persons who are not married to each other:
(a) If one person is the parent of all the dependent children, that person may be the
grantee for all the children.
(b) If neither person is the parent of all the children, and each is an eligible relative
of some of the children, a separate Family Assistance grant shall be issued to each
grantee.
(4) Grants to minors. Unless required to comply
with the requirements specified in secton 369.2(i) of this Part, a minor 16 years of age
or over may be designated as grantee on behalf of his or her own child or of his or her
younger brothers and sisters; a child under 16 years of age cannot be designated the
grantee. When pregnancy is verified, a minor 16 years of age or over may be designated as
grantee of FA on her own behalf.
(i) When a dependent
minor or child in receipt of Family Assistance becomes the parent of a child and remains
in the same household:
(a) The minor parent and the infant must be included in the Family Assistance grant which
includes parents, siblings and/or half-siblings of the minor parent.
(b) The minor parent who is at least 16 years of age but has not reached the age limits
specified in section 369.2(c) of this Part and who has no siblings or half-siblings
eligible for Family Assistance may have the parent's needs and the needs of the infant who
is eligible for Family Assistance included in the active Family Assistance case or the
minor parent may be the grantee with his or her own case.
(ii) When a child or
minor in receipt of Safety Net Assistance (SNA) becomes the parent of a child and remains
in the same household:
(a) If the minor parent is under 16, he or she may not be designated the Family Assistance
grantee. If there is an eligible adult relative residing in the same household, he or she
must be designated the Family Assistance grantee. The needs of such relative, if
dependent, and those of the minor parent and the infant must be met through Family
Assistance.
(b) If the minor parent of the child is at least 16 years of age but has not reached the
age limits specified in section 369.2(c) of this Part, his or her needs and those of his
or her infant must be met through Family Assistance. The minor parent may be designated
the FA grantee or another eligible relative in the household may be designated the
grantee.
(b) Change of grantee.
(1) When a child or minor has been living with
one parent and it becomes necessary for the child to move permanently to the home of the
other parent or to the home of an eligible adult relative, or from the home of one
eligible relative to that of another eligible adult relative, a new application shall be
required and the other parent or eligible adult relative designated as grantee, provided
the other conditions of eligibility are met. The former case shall be statistically closed
and a new case opened.
(2) When a grantee is temporarily absent from
the home and when another eligible adult relative cares for the child either in the same
or in a different home, the grant may be continued with such eligible adult relative
designated as grantee, provided the other conditions of eligibility are met. If the
temporary change of grantee becomes permanent, a new application shall be required.
(c) Persons included in the grant.
(1) To be included in the grant, persons in the
household must correspond with the standards of section 352.30 of thie Title, or qualify
as a Family Assistance (FA) essential person, as specified in paragraph (2) of this
subdivision.
(2) Family Assistance (FA) essential person.
The grant made to an applicant for or recipient of FA shall include the needs of any other
individual living in the same home if such needs are taken into account in determining the
need of the FA child or relative, provided that such individual has applied for and is
eligible to receive public assistance and the individual's presence is essential to the
applicant's or recipient's well- being. Such individual is be presumed to be an FA
essential person unless the head of the household states otherwise.
(d) Continuation of grant after child or minor becomes ineligible.
(1) The FA grant may be continued for one
calendar month after the month in which the child or minor becomes ineligible when:
(i) the effects of a
condition of eligibility are being overcome;
(ii) need continues;
and
(iii) ineligibility of
the child or minor for FA results from one of the following changes in circumstances:
(a) no eligible grantee is available, except that foster care may not be provided through
such grant; or
(b) minor 18 years of age or older leaves school.
(2) The grant may not be continued after the
child or minor becomes ineligible, if:
(i) need does not
continue; or,
(ii) the case is found
to have been originally ineligible; or
(iii) ineligibility of
the child for FA results from one of the following circumstances:
(a) minor reaches age of 18 and is not a full-time student in a secondary school, or in
the equivalent level of vocational or technical training;
(b) minor who has been attending school reaches age of 19;
(c) family moves out of the State; or
(d) child or minor is admitted to foster care or to an institution other than for care in
a hospital.