CURRENT GENERAL
ASSISTANCE ORDINANCE
The ordinance is passed by virtue of the authority
established under the Iowa Code, including chapters 251 and 252, also including
the County Home Rule Amendment to the
The Code of Iowa outlines the legal
basis for the General Assistance Program in counties. This section deals basically with Chapter 251
and 252 of the Code. The General Assistance
Program is administered by the Director of General Assistance and that person
reports to the Board of Supervisors.
WHEREAS, the Keokuk County General
Assistance Director has been directed to submit regulations to the Keokuk
County Board of Supervisors for approval concerning provisions of assistance
benefits in
WHEREAS,
the Board of Supervisors of each county shall provide for the assistance of
poor persons in its county who are ineligible for, or are in immediate need and
are awaiting approval and receipt of, assistance under programs provided by state
or federal law, or who actual needs cannot be fully
met by the assistance furnished under such programs.
WHEREAS,
it is necessary to set forth by this regulation the level of assistance to be
provided and eligibility requirements for assistance programs of Keokuk County,
Iowa, under authority of the Board of Supervisors of Keokuk County.
SECTION 1. CATEGORIES
There shall be two (2) categories of general assistance
in
A.
Assistance for needy persons;
B.
Assistance for poor persons;
SECTION 2. DEFINITIONS
For use in this ordinance, certain terms or words
used herein shall be interpreted or defined as follows:
A.
“Needy Person” is a person or the family unit of that person who is
“lawfully” living and residing within
* Examples of circumstances not
attributable to that person: layoff
or medical problems.
* Examples of circumstances attributable
to that person: voluntary quit, failure
to keep
scheduled
appointment for State or Federal Programs, pursuing an education.
B.
A “poor person” is a person or family unit who has no property, exempt
or otherwise
and are unable, because of
physical or mental disabilities, to earn a living by labor and who are “lawfully” within the county.
C. “Assistance” means food, rent, shelter, clothing,
transportation, utilities (fuel-lights-
water),
medical services or burial.
D. “Net Worth” includes income or moneys
from any sources, money due, savings and
other
deposits, public assistance or entitlement benefits, stocks, bonds, jewelry,
and the
value of
all other real and personal property.
The following property shall be exempt
from consideration: household furniture, tools and equipment used
for self-support,
vehicles
for family unit shall not exceed $5,000.00, burial irrevocable trust funds not
to exceed
$6,000.00, homestead used as a place of residence if equity does not exceed
$20,000.00.
E. “Family Unit” or “Household” means the
individual applying for assistance and
all members
of his or her immediate family: include spouse, children under 18 years
of age, all
occupants and children over 18 years of age who are dependent and/or
non-dependent
upon the applicant. The exception of
this policy is an emancipated
person due
to marriage. All minor children under 18
years of age must receive their
assistance
from their parents, unless they can provide a marriage license to determine
them to be
adults.
F. “Liquid Assets” means can or any other
item of net work of the family unit that
can be
readily converted to cash within seven (7) days.
G. “Awaiting approval and receipt” means
a poor person who has applied for assistance
under the
state or federal law; who has pursued that application with due diligence;
and who has
not had that application denied.
H. “Director” means the Director of
General Assistance, or her designee, appointed by
Keokuk County Board of Supervisors to administer the
county’s General Assistance Program.
of any
medically determinable physical or mental impairment.
SECTION 3. FORM
The assistance shall be purchased directly from the
supplier for the applicant or the family unit on a vendor system.
SECTION 4. ELIGIBILITY OF NEEDY PERSONS
Assistance
is to be provided for needy persons who are in need of immediate assistance and
who are eligible for, and are awaiting approval of, and receipt of, assistance
under programs provided by state or federal law, or whose actual needs, as
defined within the limitations imposed by this ordinance, cannot be fully met
by the assistance furnished under such programs. Applicant and his or her household must
satisfy the three requirements of:
1.
Determining that
liabilities exceed assets.
2.
Determining that
gross monthly income does not exceed the current 100% of the current Federal
Poverty Guidelines based upon household size.
3.
Determining the
ability to pay monthly bills as they become due.
For
purposes of making this determination, net worth must first be determined, and
then if having a negative net worth (liabilities exceeding assets), continue to
determine that the applicants gross monthly income does not exceed the current
100% of the Federal Poverty Guidelines based upon household size. If meeting the above guidelines, the ability
to pay bills for basic necessities as they fall due, excluding unnecessities and excessive or exorbitant or otherwise
inflated expenditures, will be determined.
Basic necessities bills are shelter, water, heat, gas, electricity,
food, medical expenditures, and one automobile not exceeding a monthly payment
amount of $200.00 will be allowed plus the cost of insurance. All income will be counted including food
stamps, FIP, SS, etc., during this determination.
The
Federal Poverty Guidelines are subject to change; therefore, a copy of the
current guidelines can be obtained from the Keokuk County General Assistance
Director.
For
State Paper eligibility, applicant must satisfy the dual requirements of
determining that liabilities exceed assets (negative net worth) and meeting
150% of the Federal Poverty Guidelines for gross monthly income based upon
household size.
SECTION 5. ELIGIBILITY OF POOR PERSONS
Assistance
is to be provided for poor persons who are in need of immediate assistance, who
are “lawfully” within the county, cannot obtain assistance from any other
sources, whose family unit’s net worth is less than $500, and who are eligible
for, and are awaiting approval, and receipt of assistance under programs
provided by state or federal law, or whose actual needs, as defined within the
limitations imposed by this ordinance, cannot be fully met by the assistance
furnished under such programs.
SECTION 6. LEVEL OF BENEFITS
The maximum level of benefits to be provided for
each item of assistance for each person or that person’s family unit shall be:
A. Food
1. Referrals will be made to the Lord’s Pantry.
B. Shelter
1. Benefit limits are the reasonable rental
value not to exceed $150.00.
2. Rent will only be paid to the landlord. Payments will not be paid to a sub-
renter
or relative. Rent will not be paid in
advance. House payments will not
be
paid as it creates an estate.
3. Deposits will not be paid for rent, gas,
water or electricity.
4. Shelter such as hotel/motel may be provided
for poor persons with a value not to exceed $150
C. Utilities
1. Assistance
with utility costs shall be provided only in the amount of the actual cost for
current usage, which allows continuance of service and not service provided for
prior months. Assistance under this
category does not include deposits, taxes or penalties. The amount shall not exceed $200.
2. Heat,
lights and water are the only utilities that will be considered.
3. Failure to pay on utilities during moratorium
will result in denial of assistance.
D. Medical Services
1. Assistance will be given for prescriptions,
and also for some medical needs
that
require no prescription, such as insulin and needles.
2. Dental assistance for immediate need and to
relieve severe pain.
3. Eye glasses may be authorized one time
only. Client must pay for exam
and
one-half cost of glasses.
E. Hospital Services
1. No hospital services will be provided to a
needy person if any of the
following
apply:
a. The person was
offered enrollment in his/her employer’s medical
insurance program and voluntarily declined said enrollment
unless
client can show good cause.
b. The occurrence for
which medical services are claimed would have
occurred within the coverage period of the employer’s
medical services
insurance program, had the person enrolled which offered,
and continued
enrollment as long as eligible.
c. General assistance
cannot assist on Medicare deduction except for poor
persons 65 years old or older, under 18 years of age, or
disabled.
2. Prior authorization will be required for
medical services, if possible. For
medical
expenses the usage of State Papers shall be explored before medical
payment
is authorized within the community. All
obstetrical care will be pro-
vided
at the University of Iowa Hospitals.
3. When prior authorization was not possible,
the office must be notified within
the
next working day by client or representative.
A telephone call will be
acceptable
as notification.
4. The county reserves the right to set a
maximum liability for itself in hospital
bills
and doctor fees. The maximum allowed to
a hospital or doctor is $450.00,
unless
otherwise approved by the Board of Supervisors.
5. No out of state or out of county medical
costs will be approved if needed
services
could have been provided locally or at the University of Iowa Hospital.
Medical payments will be
made for services and goods to local hospital,
physicians,
and health care provisions for reasonable value of medical care
authorized.
6. Indigent persons in need of medical help must
apply for medically needy
and
denial must be received for assistance to be considered.
7. For State Papers the patient must be
medically indigent and condition should
be
of a nature as to require prolonged hospital care, extensive surgery or medical
treatment. In no instance will State Papers be approved
without the recommenda-
tion
of a physician nor will State Papers be approved for routine check-up or
diagnosis. When State Papers are approved they are effective
for the entire
fiscal
year, regardless of the number of admissions to the University Hospitals.
F. Clothing
1. The Director may provide clothing actually
needed. The clothing shall
be
provided to the extent available from the Clothes Closet.
G. Transportation
1. Assistance with transportation expenses as
needed to obtain medical
treatment
can be provided upon approval of the Director.
Confirmation of
appointments
are necessary before approval is granted.
a. Transportation will
be paid on an as-needed basis with a maximum
limit of $20.00.
H. Funeral Services shall be allowed as
contained in the Keokuk County Indigent
Burial Contract on
file with the Keokuk County Board of Supervisors.
I. Drug and alcohol treatment will not be
covered.
SECTION 7. REQUIREMENTS FOR RECEIVING ASSISTANCE
A. A poor person
applying for assistance must be “lawfully” within
B.
No needy person shall receive more than one (1) months assistance in a fiscal
year up
to $450.00
unless approved by the Director and/or Board of Supervisors. The Keokuk
to go
beyond the normal scope of this ordinance.
Assistance may be needed above
normal
limits or frequency. In order for this
to occur the client cannot be the cause
of the
extended need.
C. The applicant
shall seek assistance for their needs from all other available resources before
assistance will be considered. Vendor
refusal of other funding source(s) will not therefore obligate the county to
provide funding assistance. Any person
who is eligible for state or federal assistance programs such as FIP, SSI,
State or Federal Medical Programs, SSA, VA, SS, Workman’s Compensations, etc.,
shall be referred to the proper source and shall make application and accept
assistance offered. Persons applying for
assistance must with due diligence fully participate in and/or fully complete
all mentioned state or federal programs listed above providing assistance. Failure to do so may result in denial of
assistance.
D. An
applicant with a voluntary job quit or a job termination that is attributable
to the applicant such as poor attendance, poor work performance, inappropriate
work-place behavior and/or actions, etc. shall be disqualified for a period of
ninety (90) days. Applicant must
register with Job Service and must make bona fide job searches with proper
verification and dates. Laid off workers
must also apply for unemployment benefits.
If employable, must accept work or retraining assignment as requested.
Workers must have worked all reasonable hours offered by employer. No attempts to control income level will be
allowed.
E. applicant must complete
application and establish his or her need for assistance.
F. the person applying shall provide
the Director, upon request, a verified statement
of net
work, federal and state income tax returns, medical reports, medical
authorizations,
and information requested by the Director that bears upon the person’s
eligibility
and need for assistance.
G. A false statement or incorrect
statement on an application for assistance may be cause
for denial
of benefits.
H.
All applicants shall reimburse
fails to
repay the value of the benefits received, as agreed, he or she shall be
disqualified
from
receiving future benefits. The Board of
Supervisors may, upon application and
good cause,
waive the repayment of all or some of the benefits.
I.
Failure to satisfactorily complete drug and alcohol treatment programs
or do follow-
up programs
may be basis for denial.
J.
Any asset transferred without adequate consideration within thirty
months of the
date of
application shall be deemed to be part of the assets of the applicant or house-
hold
member. Transfers include sales, gifts,
mortgages or loans, and conveyances.
K.
Applicant will also be required to sign a release and exchange of
information
form which
will allow the Director to act in the client’s best interest.
SECTION 8. ASSISTANCE OF AN EXTENDED NATURE
It is contemplated that items of assistance to be
provided to needy persons or their family unit, and should not, during any one
consecutive period of time, exceed thirty (30) days.
SECTION 9. APPLICATION FOR ASSISTANCE
Applications for assistance shall be submitted by
needy and poor persons to the Director at the Keokuk County Courthouse in
If the applicant or the family unit is or appears to
be eligible for assistance or assistance from any other federal, state or local
source, the Director shall immediately refer the applicant to that source. It shall be the obligation of the applicant
to immediately make application to that source and pursue such application with
due diligence as a condition to be eligible for further assistance under this
ordinance.
It is the obligation of each person applying to
establish his or her eligibility for any category of assistance and need for
any item of assistance. The Director
shall also receive anything that the person applying desires to submit to
establish his or her eligibility or need to include statements or letters,
medical reports, and other written documents as well as the verbal statements
of the applicant. The Director shall
then proceed to conduct an investigation concerning the applicant’s eligibility
and needs. The applicant’s file and the
investigation and findings of the Director shall be made available to the
applicant, upon request, or to the applicant’s attorney by written
authorization.
SECTION 10. INITIAL DETERMINATION
A.
The Director shall make an initial determination of the eligibility and
needs of the
applicant
within five (5) working days of the receipt of the signed, completed
application.
B. If
the Director cannot make initial determination within five (5) working days,
the
Director shall immediately inform the applicant by telephone, if possible, of
the
reasons why
such determinations cannot be made. The
Director shall, also, mail the
applicant
by ordinary mail within five (50 working days, thereafter, the Director’s
written
decision showing the reason why such determination could not be made.
SECTION 11. APPEAL
A.
Every applicant, whether granted assistance or not, shall be informed in
the Director’s
written
decision of the applicant’s right to appeal.
The applicant shall be informed
(1) of the
method by which an appeal may be taken, and (2) that he or she may repre-
sent him or
herself, or may be represented by an attorney.
B.
Any written appeal or communication to the Director by or on behalf of
an
applicant
requesting appeal of the Director’s determination, shall be taken by the
Director and put immediately upon
the Board of Supervisor’s agenda, in accordance
with
Chapter 21, Code of Iowa, for the next regular board meeting, provided that
such
appeal
shall not be heard sooner than five (5) days after appeal is taken. The written
appeal or
communication must be made to the Director within ten (10) days of the
Director’s determination, provide
applicants current address and telephone number,
and state
the reasons for the appeal. The
applicant shall be informed immediately,
by
telephone, and by ordinary mail, of the date and time of hearing before the
Board.
Applicant and his or her attorney,
upon written authorization, shall be granted access
by the
Director of his or her assistance case file if assistance case file if request
is made.
SECTION 12. APPEAL HEARING
A.
The Board of Supervisors shall hear applicant’s appeal de novo at
the time
schedule in
the agenda, unless continuance is requested by applicant. The parties
shall be
permitted to present whatever evidence desired regarding the appeal
including
testifying, having other witnesses testify, offering documentary evidence,
and reasonable
cross examination of other witnesses, if present. The technical
rules of
evidence shall not apply. The Board may
set reasonable times for the present
action of
the parties at any appeal. The
applicant’s file shall be admitted into
evidence. The Board may question the applicant, and the
Director shall present the
Board with the
reasons for the determination.
The appeal will be tape recorded.
The
hearing
before the board will not be an open meeting under Chapter 21, Code of Iowa,
since the
confidential files of the applicant will be in evidence. When the Board
deliberates
the appeal, no parties shall be present.
B. the Board shall make a decision on the
appeal within five (5) working days. The
Board’s decision shall be only on the
basis of the evidence submitted before the Board.
The applicant shall be informed
immediately by telephone the decision and within
five (5)
working days thereafter, the Board shall mail to the applicant at his or her
last known
address, by ordinary mail, its decision in writing. The decision shall state the
reasons for
the action, together with any statute or ordinance applied. The Board’s
decision
shall also state that an appeal may be taken from the Board’s determination
as provided
below, and the method by which such appeal may be taken.
C.
Any appeal to the District Court shall be allowed by the applicant from
the
Board’s decision within the time, and by the manner and procedures established
under the
SECTION 13. ACTIONS OF THE BOARD OF SUPERVISORS
In the event the Board of Supervisors, in reviewing
the claims submitted by the Director, denies any allowance of assistance
benefits allowed by the Director, then the Director shall deny benefits to the
applicant. The Director shall notify the
applicant of the decision and the appeal process.
SECTION 14. ADDITIONAL PROVISIONS
RECOVERY
AND REIMBURSEMENT
1. All recipients of Assistance of Keokuk County
shall reimburse
to the extent possible
for the cost of benefits extended to them, except where
such requirement would
cause undue hardship. The Keokuk
of Supervisors and
Keokuk County Director may make suitable prearrangements
for securing repayment
from assets, which cannot be immediately disposed
of in the event that the
failure or inability to dispose of these assets would
otherwise make the
recipient eligible for aid.
SECTION
15. REPEALER
All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
SECTION
16. SEVERABILITY CLAUSE
If any section, provision, or part of this ordinance
shall be judged invalid or unconstitutional, such adjudication shall not affect
the validity of the ordinance as a whole or any section, provision or part
thereof not judged invalid or unconstitutional.
It shall be up to the discretion of
the Board of Supervisors to limit or make changes for
the assistance provided as stated in these
regulations. Any change or limit
henceforth will be published in the local newspaper and posted in the
courthouse for proper length of time and an addendum attached to these
regulations.