Workfare / Payee

A. Workfare as a Condition for Receipt for Poor Relief (I.C. 12-20-11)

B. Job Training as a Condition for Receipt of Poor Relief (I.C. 12-20-12)

C. Reimbursement to the Township

D. Representative Payee Requirement

E. Denial for Poor Relief Assistance

 

The Township Trustee will provide written notification to each applicant of action taken for each request for assistance.

Indiana law requires that this action be taken within seventy-two (72) hours (holidays and weekends excluded) from the time the application is filed with the township office. If needed, an additional seventy-two (72) hour pending decision can be given to the trustee.

(I.C. 12-20-6-7 & 8 ). Applications for temporary emergency aid will be acted upon promptly. In order to complete the application process and investigation within a seventy-two (72) hour period, an applicant must return information required by the Trustee’s office or assistance will automatically be denied and a notice will be issued by mail. If or when a completed application (all substantiating documentation has been submitted) is received for a non-emergency request, personal notice or mail notice will be given no later than seventy-two (72) hours, excluding weekends and legal holidays, advising the applicant of one of the following:

(1) The type and amount of assistance fully or partially granted or denied.
(2) The specific reasons (all) for denying all or part of the assistance requested.
(3) Any pending assistance and the reasons for pending.
(4) The procedure for appealing a decision to the Tippecanoe County Board of Commissioners.

If a non-emergency application for Township assistance is made and the Trustee, before granting the assistance, determines that an applicant or member of the household may be eligible for public assistance other than poor relief, the applicant or household member will, when referred by the Trustee, make application and comply with all necessary requirements for completing the application process for public assistance administered by the Division of Family and Children, or any other county, state, or federal governmental entity (I.C. 12-20-6-5.5).

A. Workfare as a Condition for Receipt for Poor Relief (I.C. 12-20-11)


Any adult member of a household receiving poor relief (except for those receiving burial/ funeral assistance) will be obligated to perform workfare. The Trustee will determine a poor relief recipient’s suitability to perform available workfare. The Township Trustee may provide for medical examinations necessary to make the determination (I.C. 12-20-11-1a,b).

The Trustee will obligate any adult member of a poor relief recipient household to do any work needed to be done within the county (or an adjoining township in another county) for any nonprofit agency or governmental unit, including the state, having jurisdiction in that township (I.C. 12-20-11-1a).

Minimum criteria for satisfactory participation in the workfare program will be one (1) shift per day and five (5) shifts per week with completion within thirty (30) days unless otherwise assigned by the Trustee. A written workfare agreement will be instituted and signed by the obligated household member stating the details of the workfare assignment. Scheduling consideration will be given recipients who have employment. The poor relief recipient is required to maintain the minimum criteria necessary for the fulfillment of the workfare responsibility until such time as the obligation with the township is satisfied. In satisfying this obligation, only the recipient or members of the recipient’s household will be allowed to perform the assigned workfare.

The agency given charge of the obligated household member will notify the Trustee of the successful or unsuccessful completion of the workfare assignment. If, for any reason, the obligated household member is unable to complete the workfare assignment as scheduled, he/she is obligated to immediately notify the trustee’s office and the workplace. If the household member fails to do so, the workfare assignment (not the work order itself) will automatically be canceled.

Work performed is considered as satisfaction of a condition for poor relief and is not considered as services performed for remuneration. An adult household member will be required to do an amount of work that equals the value of assistance already received by the recipient or the recipient’s household. The recipient will receive credit for the work performed, as assigned by the Trustee, at a rate of $7.00 per hour (I.C. 12-20-11-1c).

Recipients will not be obligated to workfare only for one of the following reasons: (I.C. 12-20-11-1a)

(1) the individual is not physically able to perform work and provides current medical evidence that he/she is unable to perform the work.
(2) the individual is a minor or is over 65 years of age.
(3) the individual has full-time employment at the time they receive poor relief.
(4) the individual is needed to care for a person as a result of that person’s age or physical condition. Current medical evidence of the person’s physical condition must be provided.
(5) the Trustee determines that there is no work available.
(6) the individual, is, at the direction of the Township Trustee, attending a job training program under I.C. 12-20-12-1 or another job training program approved by the Township Trustee, or is attending adult education or Ivy Tech courses, under the direction of the trustee. The poor relief recipient is exempt from performing work or searching for work for not more than one hundred eighty (180) days.
(7) the individual is awaiting a determination from the Social Security Administration for SSI benefits (an initial application is still active and has not yet been denied). Individuals awaiting a determination from the Social Security Administration for SSI benefits will not be required to perform workfare as long as their initial application remains active. Once the initial application for SSI benefits has been denied by Social Security Administration, the applicant may be obligated to perform workfare at that point. Individuals currently receiving SSI monthly benefits are not automatically excused from workfare. In order to be excused, an SSI recipient must still meet one of the exempting reasons listed above (I.C. 12-20-11-5).
(8) the individual received funeral/burial assistance.

The unit of government or nonprofit agency for which workfare is performed will furnish the necessary tools and materials besides the supervision (I.C. 12-20-11-1d,e). When the worksite is not within reasonable walking distance or a recipient has no means of transportation, transportation to the worksite will be provided.

The failure of a recipient to perform work assigned by the Trustee, within the time period required by the trustee, is a basis for denying further assistance to the recipient or the recipient’s household for a period not to exceed one hundred eighty (180) days, unless the recipient shows good cause for not performing the work (I.C. 12-20-11-1h).

Workfare obligations incurred in another township and which have not yet been satisfied may result in a denial for a period not to exceed one hundred eighty (180) days.

B. Job Training as a Condition for Receipt of Poor Relief (I.C. 12-20-12)

As a condition of continuing eligibility, a Township Trustee may require a recipient of poor relief or any member of a recipient’s household to participate in an appropriate work training program.

C. Reimbursement to the Township

If it is anticipated that a poor relief applicant or any member of the household is likely to receive a judgment, compensation, or monetary benefits from a third party, (as in the case of Supplemental Security Income), the Trustee may require the applicant to enter into a subrogation agreement for repayment of any poor relief benefits provided by the township during the interim period. Failure of an applicant to sign the necessary authorizations for reimbursement to the township will result in a denial of poor relief (I.C. 12-20-27-1.5).

The repayment of assistance, or a promise to repay assistance, will not constitute a condition of eligibility for poor relief, except as specified in the above paragraph.

A poor relief recipient may be requested to repay poor relief, if equity funds in real estate are expected to be received in the foreseeable future. In those cases, assignment and indemnifying mortgage forms may be required to be signed. The mortgage form sets forth clearly that repayment will occur only on the sale of the property, death of the applicant or other specific circumstances.

D. Representative Payee Requirement

The Trustee may report and recommend to other governmental agencies (Family Social Service Agency, or Social Security Administration) the misuse of funds by a recipient. When reporting misuse of funds, the trustee may officially recommend to other governmental agencies (FSSA or SSA) that the recipient’s payment be placed in the hands of a protective or designated payee. The township may refuse to extend aid to an individual or household member until such time as the person initiates and executes the proper instruments for obtaining a payee to handle their finances. The Trustee may agree to serve as the payee.

E. Denial for Poor Relief Assistance

A denial for poor relief shall be issued to applicants for one or more of the following reasons:

(1) Applicant is not a resident of the township nor does not intend to make the township or county his/her sole place of residence.
(2) Application for Assistance will not be considered until due.
(3) Failure to cooperate with, or to provide the trustee office with necessary information for determining eligibility.
(4) Income of the household exceed the township eligibility standards (sufficient income), and no emergency exists. Applicants may have unpredictable circumstances or unusual expenses which would indicate a necessary expenditure from the township’s poor relief fund. Proper documentation of the reasons necessary for exceeding the township’s income standards must be made in those cases. The township is not obligated to pay for the services or the cost of goods incurred by an applicant or a member of an applicant’s household during the period the applicant or a member of the applicant’s household had sufficient income or resources to have paid for the goods or services.
(5) Failure to comply with the Township Trustee’s requirements set forth in these guidelines.
(6) Failure to cooperate with Agency’s referred to by the Trustee.
(7) Failure to return or notify Trustee’s Office within 72 hours.
(8) Failure to make application (within fifteen working days of the township referral) to governmental programs offering assistance for the basic necessities of living. Also, if an applicant or household member fails to complete the application process, comply with requirements, or otherwise participate in a program offered by any public or private agency after being referred by the Trustee, it will result in denial of poor relief assistance for sixty (60) days (I.C. 12-20-6-5 & I.C. 12-20-6-5.5). If the Trustee determines that an applicant or a household member who is granted emergency poor relief assistance (I.C. 12-20-17) may be eligible for public assistance other than poor relief, the applicant/household member will, not more than fifteen (15) working days after the date that emergency poor relief assistance was granted, file an application for public assistance and comply with all the requirements necessary for completing the application process for public assistance administered by the Division of Family and Children and other county, state, or federal governmental entities. An applicant or household member who fails to do so may not be granted poor relief assistance for sixty (60) days following the grant of emergency poor relief assistance (I.C. 12-20-6-5).
(9) False information or documentation is willfully given to the trustee (I.C. 12-20-6-6.5). Knowingly and willfully falsifying the affidavit, or misrepresenting the facts or withholding vital information. If the township finds that an applicant or household member has obtained poor relief from any township by these actions, the township will refuse to extend aid for sixty (60) days. A criminal referral to the county prosecutor’s office is made (I.C. 12-20-6-6.5).
(10) Failure to meet workfare requirements within a reasonable time period required by the Trustee, (from prior assistance granted) including that assigned in another township, unless the recipient shows good cause for not performing the work. All household members residing in the household at the time township assistance is provided are responsible for the completion of any workfare assigned. Initially, the work order is assigned to one individual within the household. However, if the work order is not completed by that individual, other adult household members are responsible for contacting the trustee in order to have the work order reassigned, if necessary. Notice of denial for assistance due to incomplete workfare will be issued as soon as the opportunity presents itself (usually when a household member returns to the trustee’s office for further assistance) (I.C. 12-20-11-1).
(11) Refuses to do a workfare assignment.
(12) Violence, threats of violence, or abusive language used in the Trustee’s office or the premises.
(13) The poor relief requested by the applicant or household member is during the same 30 day period and is for the same goods previously requested and denied by the township (I.C. 12-20-6-6.6).
(14) Habitually reporting the theft or loss of food stamps, TANF and/or Social Security monies.
(15) Failure to liquidate countable assets with the prescribed time frame (I.C. 12-7-2-44.6).
(16) Applicant or household member refuses to sign the Reimbursement Authorization” for Supplemental Security benefits or enters into a subrogation agreement (if it is reasonably anticipated that there will be a compensation or monetary benefit received from a third party), as provided by statute for repayment of assistance during an interim period (I.C. 12-20-27-1.5).
(17) Failure to apply a “one time only” monetary award (including but not limited to Retroactive Social Security payments, Workmen’s Compensation, pensions, inheritances, insurance settlements, income tax returns, energy assistance payments) toward basic necessities. The township will take into consideration the amount of the monetary award to determine the duration of the denial (I.C. 12-7-2-200.5).
(18) Applicant or household member has been convicted of an offense under I.C. 35-43-5-7 or I.C. 35-48-4 (welfare fraud or drug conviction). A Township Trustee may not extend assistance for one (1) year after a misdemeanor conviction or ten (10) years after a felony conviction.
(19) Applicant or household member having an Outstanding Warrant issued by the Federal, State, or Local Authorities failed to provide written proof to the Trustee that this matter has been resolved.
(20) Applicant or household member has been denied assistance or sanctioned by the local office of the Indiana Division of Family and Children (TANF/AFDC) for non-compliance of / or violations of Title 12, Article 14 of the Indiana Code.
(21) Failure to maintain proper immunization records on minor children can result in denial of poor relief assistance. I.C. 12-14-1-1.5.
(22) Failure to participate in an education or self-help program offered under the Job Training Partnership Act or other similar programs, when referred by the township.
(23) Failure to file paternity actions when necessary and appropriate, or failing to take the necessary legal action to pursue child support (I.C. 12-14-2-24).
(24) Applicant or household member fails to initiate and execute the proper instruments for obtaining a payee to handle their finances.
(25) Applicant or household member has been convicted of poor relief fraud and is ineligible to participate in the poor relief program for thirty (30) years (I.C. 12-20-1-4).
(26) Applicant is coming or moving into the township for the specific purpose of applying for and/or receiving township poor relief services.
(27) Medication is not due for refill.
(28) Any request for other than basic necessities: (i.e.., cable, phone, rent to own, etc.).
(29) WASTED RESOURCES

(a) Applicant or household resources have been determined to be wasted .
Wasted resources are defined as:

—the amount of money or resources (including one time monetary awards, I.C. 12-7-2-200.5) expended during the thirty (30) days before the date of application for poor relief by an applicant or an adult member of an applicant’s household for items or services that are not basic necessities; or

—income, resources, or tax supported services lost or reduced as a result of a voluntary act, during the sixty (60) days prior to the date of application unless the adult member can establish a good reason.

(30) FAILURE TO MAINTAIN EMPLOYMENT:

(a) Voluntarily terminating gainful employment. The township will not be obligated to provide assistance for a period of sixty (60) days commencing from the date employment was terminated (I.C. 12-7-2-200.5).

(b) Involuntary termination of gainful employment (fired) for a just cause (documented). See note above regarding time period for denial. Just cause firing (I.C. 22-4-15-1, I.C.22-4-15-6.1) is defined as one or more of the following:

(1) Separation initiated by an employer for falsification of an employment application to obtain employment through subterfuge
(2) Knowing violation of reasonable and uniformly enforced workplace rule
(3) unsatisfactory attendance
(4) Damaging workplace property through willful negligence
(5) Refusing to obey instructions
(6) Reporting to work under the influence of drugs or alcohol or consuming either while on workplace premises during working hours
(7) Endangering the safety of self or co-workers
(8) Incarceration due to the conviction of a misdemeanor or felony
(9) Breach of duty in connection with work
(10) Gross misconduct in connection with work

(c) Failure to actively seek and/or accept employment when offered, regardless of whether the compensation is in the form of money, rent, or other basic necessity (I.C. 12-20-10-1). The trustee will refuse to furnish any poor relief assistance until he is satisfied that the poor relief applicant or household members are endeavoring to find work. If the poor relief applicant is in good health or if any household members are in good health, the Trustee will require those able to work to seek employment if the current household income is not enough to cover basic living expenses. Employment sought/secured must be enough hours and/or pay to cover basic living expenses. Each able-bodied adult household member will be required to maintain an updated employment file with the Indiana Department of Employment and Training Services, as well as provide other reasonable documentation that they are endeavoring to secure employment. The Township Trustee will require any adult household member to complete a job search form prior to receiving poor relief assistance. If a poor relief applicant or household member claims an inability to work due to health, the Trustee has two (2) options: #1- The client need to have their physician fill out the Trustees medical form stating why they can not work or #2- The Trustee may require and provide for any medical examination necessary for the Trustee to determine whether they are able to perform work (I.C. 12-20-10-3.5). If the applicant or any other household member, who is otherwise eligible for assistance, is unemployed, the Trustee will require each one to furnish written verification of having submitted at least ten (10) employment applications. Applications must be currently dated and non-repetitive and commensurate with the applicant’s qualifications. The prospective employee is required to dress and conduct him/herself appropriately to increase every opportunity for employment. Individuals engaged in educational efforts, technical schools, or similar programs may insist that they are unavailable for work search or employment. If this be the case, the Trustee is not under any obligation to assist, unless the individual has been referred to the educational program by the Trustee I.C.12-20-12-1).

(31) HOUSING:
(a) Landlord refuses to accept voucher from the Trustee.
(b) Eviction from living quarters because of an act that violated the terms of a lease or landlord/tenant agreement, by the applicant or any adult member of the applicant’s household (I.C. 12-7-2-200.5). This includes an act which caused verifiable damage to a rental unit or when adults not on the lease are allowed to use or move into the household (I.C. 12-7-2-200.5).
(c) Eviction from subsidized housing. Eviction from living quarters because of an act that violated terms of a lease or landlord/tenant agreement, by the applicant or any adult member of the applicant’s household. (See appendix – HUD regulations).
(d) If applicant or household member is in bad standing & owes HUD money
(e) Only the current month’s rent will be considered for assistance when no judgment for eviction and/or back rent has been taken against the applicant or household member.
(f) Failure to accept free or low cost shelter arrangements provided by relatives or others. The Trustee is not required to provide shelter assistance to an otherwise eligible individual if:
(1) the applicant’s most recent shelter was provided by a parent, guardian, or foster parent; and
(2) the applicant, without just cause, leaves that residence for the shelter which the applicant now seeks assistance (I.C. 12-20-16-17g).
(g) Household assets have been assigned or transferred by an applicant or another member of the household for the purpose of rendering a household eligible for poor relief during the six (6) month period immediately preceding the filing of an application for poor relief.
(h) Applicant or household member refuses to allow a home visit.

(31) UTILITIES:
(a) Utility bill is not in disconnect status.
(b) Utility bill is not in legal name of an adult member of the household. (Refer to page 11)
(c) Failure to make deferred payments as agreed upon to Utility Company may result in denial of Poor Relief Assistance.
(d) Failure to comply with budge billing may result in denial of Poor Relief Assistance.
(e) Failure to make good faith payments during the moratorium
(f) Utility bill is incurred in another township.

(32) FUNERAL’S:
(a) Funeral Home failed to contact Trustee’s Office before arrangements were made.
(b) Client being a recipient or parent of a Medicaid recipient is not eligible for Trustee assistance until they have checked with Medicaid to see what they will cover. (I.C. 12-14-6-1 & I.C. 12-14-6-2).

NOTE: If an applicant or a household member is a recipient of assistance under Temporary Assistance to Needy Families (TANF), the
township has no obligation to extend aid per state law, I.C. 12-20-6-6