TO:	Commissioners, TA/FS Directors, MA Directors, CNS/WMS Coordinators

FROM:	Patricia A. Stevens- Deputy Commissioner, Division of Temporary Assistance

SUBJECT:		The 200% of Federal Poverty Level Available Gross Income Test for Emergency Assistance to Needy Families with Children (EAF)
 
EFFECTIVE DATE: Immediately

CONTACT PERSON: Central Team (TA) at 1-800-343-8859; extension 3-9344, Eastern Team (FS); extension 3-1469, Western Team (HEAP); extension 3-0332.
Medicaid contacts: Local District Liaison at (518) 474-8216, or, for New York City, (212) 268-6855	

Recent federal interpretations require that applicants for Emergency Assistance to Needy Families with Children (EAF) must meet gross income requirements as determined by each state.  Effective immediately, to be financially eligible for EAF all applicants must have gross available income on the date of application at or below 200% of the federal poverty level for that household size or the household must be financially eligible to receive temporary assistance (TA).  The 200% of the federal poverty level gross available income standards do not apply to households receiving child protective, child preventative or other child welfare services paid for under EAF.  These households must continue to meet the requirement that the household include one member in receipt of TA or Supplemental Security Income (SSI).

When considering EAF as the category of payment, districts must continue to first look at all income or resources immediately available to meet the need of the household.  Additionally, districts must now also look to see if that available income is at or below 200% of the federally established poverty level for the month of application for that household size.
                  2002 Federal Poverty Guidelines

Size of Family Unit	Federal Poverty Guideline
Annual                Monthly	200% Federal Poverty Guideline
Annual                Monthly	
1	$8,860              $738	$17,720           1,477	
2	11.940                995	  23,880           1.990	
3	15,020             1,252	  30,040           2,503	
4	18,100             1,508	  36,200           3,017	
5	21,180             1,765	  42,360           3,530	
6	24,260             2,022	  48,520           4,043	
7	27,340             2,278	  54,680           4,557	
8	30,420             2,535	  60,840           5,070	
Additional	+3,080              +257	    6,160              513	
If the applicant’s available gross income on the date of application is above the appropriate federal poverty guideline based on family size, the district must not make the payment under EAF and alternative solutions must be sought.  For a discussion on using available income and resources to meet emergency/immediate need situations, see Administrative Directive 02 ADM-2.

The anticipated impact of this change is minimal.  Districts currently apply a policy requiring the utilization of available income and resources.  No anticipated system support is expected.  Districts also apply a similar test to determine eligibility for Emergency Safety Net Assistance (ESNA).  However, ESNA considers all the gross income in the applying household regardless of availability, EAF now considers only the available gross income of the applying household.

This Office will annually provide new income standards effective April 1 of each year.  An administrative directive is forthcoming pending regulatory changes on this subject.

HEAP Implications

Districts must explore the availability and eligibility of HEAP before utilizing TA programs for energy emergencies.  Districts must follow HEAP eligibility guidelines and program dates as outlined in the HEAP Manual.

Food Stamps Implications

Districts must continue to screen, on the day of application filing, all households that are applying for cash assistance and food stamp benefits or only for ongoing cash assistance, to determine whether they are eligible for expedited processing, and meet applicable required timeframes for making food stamp benefits available to eligible households.

Medicaid Implications

The implementation of a 200% of the federal poverty level gross income test for EAF has no Medicaid implications.  Usual Medicaid separate determination procedures apply if an application for EAF is also application for Medicaid.