Standard Filing Unit --- Examples

468-000-305

1.

Mom

married

Dad

Her daughter

 

His daughter

Her son

 

His son

 

Their child together

 

All must be in the unit. Their child together makes the other children half brothers and sisters and there is relative responsibility of both parents for all children.

2.

Mom

married

Dad

Her daughter

 

His daughter

Her son

 

His son

 

No child in common

 

 

According to Nebraska statute, a stepparent is financially responsible for his/her stepchildren, so everyone must be in the unit together.

3.

Mom

unmarried

Dad

2 children

 

 

(Previous marriage or another father)

 

 

 

child in common

 

Has paternity for their child been established?

If no:

Unit consists of :

Mom

Her 2 children

Their child

The unit remains this way unless paternity is established or they get married.

If yes:

Is the child in common economically deprived (do they qualify for a grant as a five-person unit)?

If yes:

Unit consists of:

Mom

Her 2 children

Dad

Their child

The unit remains this way unless ineligible for an ADC grant.

If no:

Unit consists of:

Mom

Her 2 children

Their child is not economically deprived; medical eligibility for the child in common should be explored. The unit remains this way unless they get married or meet the definition of economic deprivation for the child in common.

The case situation is the same as Example 3. Paternity has been established. The unit has been eligible for a grant but eligibility as a single unit ends. For example, the father of the child in common gets a job which causes the unit to lose grant eligibility.

3A:

Mom

unmarried

Dad

her child

 

 

 

child in common

 

The mother and her child may be eligible for a grant as a separate unit. Their child is ineligible for a grant. If the case is ineligible due to the father's employment, the father and their child may receive transitional medical assistance under 468 NAC 2-024.01 ff.

3B

Mom

unmarried

Dad

her child

 

his child

 

child in common

 

 

This case may be treated the same as Example 3A. The father, his child, and the child in common may be eligible for a Transitional Grant and TMA (if they meet the "3 of 6" test). See 468 NAC 2-024.01 ff. If they do not qualify for TMA, then Dad, his child, and the child in common can go to ADC/MA and CMAP, but it should be noted that if Dad is 21 years of age or older and there is no TMA eligibility, he is not eligible for Medicaid because this is a two-parent household.

3C

Mom

unmarried

Dad

her child (age 7)    

 

unborn in common

 

 

Paternity has been acknowledged for the unborn. The unborn's EDC is in six months, so the unborn cannot be added/included in a grant unit.

Issue: Because the unborn is not a grant-eligible dependent child, can the father of the unborn be included in the ADC grant unit?

Reply: No. Because the unborn cannot be included in the ADC grant until the final trimester of pregnancy, the unborn's father is not drawn into the grant unit. We can look at medical for the unborn, but eligibility for inclusion in the grant unit for both the unborn AND the father would not begin until the final trimester.

4.

Aunt (relative payee)

 

Niece}

of same parents

Nephew}

 

Aunt could have a unit of three of them, or she could have just the two children, but she may not have related siblings in different ADC units.

5.

Aunt (relative payee)

 

Niece}

daughter of sister and brother-in-law

Nephew}

son of brother and sister-in-law

Aunts needs may be in or out of the unit. Although the children are not blood related, if they are living as a family unit, they must be budgeted together. Aunt has the option of excluding either child, but may not draw separate benefits for each.

6.

The household consists of mother, daughter, son, and grandchild (child of the daughter). If the daughter is age 18 or younger and attending school full-time, the household is budgeted as one unit.

Mother

Daughter

Son

Grandchild

If the daughter is 18 or younger and has dropped out of school, she will be required to participate in Employment First. Her EF participation requirement will either be to return to school or to complete an Employability Plan and participate in another EF component. In either event, the daughter will again meet the definition of a dependent child, so we would again budget them as a single unit.

If the daughter is 18 years of age and has graduated from high school, she and her child may be established in a separate ADC unit as follows:

Mother

Daughter

Son

Daughters Child

Each unit is potentially eligible for an ADC grant. If the mother has income greater than her unit's payment standard, that income is allocated to the daughter's unit. This allocation continues until the daughter reaches the age of majority (19) or moves out of her mother's home.

If the allocation results in the daughter's unit not being grant eligible, refer to Combined Medicaid Budgeting procedures.

7.

Household consists of a mother and her child from a previous relationship and who have been on ADC grant for several years and her boyfriend and their child who was born more than 10 months after the household was notified of the family cap provisions found at 468 NAC 2-007.01. The needs of this child in common are not included in the ADC grant due to the family cap. The child is on medical. Because the common child is excluded from the ADC grant unit due to the family cap, the father of the excluded child also cannot be included in the grant. He is not a responsible relative for either Mom or her child.

(Rev. July 1, 1998)