43-512 Application for assistance; procedure; maximum monthly allowance; payment; transitional benefits; terms, defined. - Nebraska Statutes

43-512. Application forassistance; procedure; maximum monthly allowance; payment; transitional benefits;terms, defined.(1) Any dependent child as definedin section 43-504 or any relative or eligible caretaker of such a dependentchild may file with the Department of Health and Human Services a writtenapplication for financial assistance for such child on forms furnished bythe department.(2) The department, through its agents and employees, shallmake such investigation pursuant to the application as it deems necessaryor as may be required by the county attorney or authorized attorney. If theinvestigation or the application for financial assistance discloses that suchchild has a parent or stepparent who is able to contribute to the supportof such child and has failed to do so, a copy of the finding of such investigationand a copy of the application shall immediately be filed with the county attorneyor authorized attorney.(3) The department shall make a finding as to whether theapplication referred to in subsection (1) of this section should be allowedor denied. If the department finds that the application should be allowed,the department shall further find the amount of monthly assistance which shouldbe paid with reference to such dependent child. Except as may be otherwiseprovided, payments shall be made by state warrant, and the amount of paymentsshall not exceed three hundred dollars per month when there is but one dependentchild and one eligible caretaker in any home, plus an additional seventy-fivedollars per month on behalf of each additional eligible person. No paymentsshall be made for amounts totaling less than ten dollars per month exceptin the recovery of overpayments.(4) The amount which shall be paid as assistance with respectto a dependent child shall be based in each case upon the conditions disclosedby the investigation made by the department. An appeal shall lie from thefinding made in each case to the chief executive officer of the departmentor his or her designated representative. Such appeal may be taken by any taxpayeror by any relative of such child. Proceedings for and upon appeal shall beconducted in the same manner as provided for in section 68-1016.(5)(a) For the purpose of preventing dependency, the departmentshall adopt and promulgate rules and regulations providing for services toformer and potential recipients of aid to dependent children and medical assistancebenefits. The department shall adopt and promulgate rules and regulationsestablishing programs and cooperating with programs of work incentive, workexperience, job training, and education. The provisions of this section withregard to determination of need, amount of payment, maximum payment, and methodof payment shall not be applicable to families or children included in suchprograms.(b) If a recipient of aid to dependent children becomes ineligiblefor aid to dependent children as a result of increased hours of employmentor increased income from employment after having participated in any of theprograms established pursuant to subdivision (a) of this subsection, the recipientmay be eligible for the following benefits, as provided in rules and regulationsof the department in accordance with sections 402, 417, and 1925 of the federalSocial Security Act, as amended, Public Law 100-485, in order to help thefamily during the transition from public assistance to independence:(i) An ongoing transitional payment that is intended to meetthe family's ongoing basic needs which may include food, clothing, shelter,utilities, household goods, personal care items, and general incidental expensesduring the five months following the time the family becomes ineligible forassistance under the aid to dependent children program, if the family's earnedincome is at or below one hundred eighty-five percent of the federal povertylevel at the time the family becomes ineligible for the aid to dependent childrenprogram. Payments shall be made in five monthly payments, each equal to one-fifthof the aid to dependent children payment standard for the family's size atthe time the family becomes ineligible for the aid to dependent children program.If during the five-month period, (A) the family's earnings exceed one hundredeighty-five percent of the federal poverty level, (B) the family members areno longer working, (C) the family ceases to be Nebraska residents, (D) thereis no longer a minor child in the family's household, or (E) the family againbecomes eligible for the aid to dependent children program, the family shallbecome ineligible for any remaining transitional benefits under this subdivision;(ii) Child care as provided in subdivision (1)(c) of section 68-1724; and(iii) Except as may be provided in accordance with subsection(2) of section 68-1713 and subdivision (1)(c) of section 68-1724, medicalassistance for up to twelve months after the month the recipient becomes employedand is no longer eligible for aid to dependent children.(6) For purposes of sections 43-512 to 43-512.18:(a) Authorized attorney shall mean an attorney, employed bythe county subject to the approval of the county board, employed by the department,or appointed by the court, who is authorized to investigate and prosecutechild, spousal, and medical support cases. An authorized attorney shall representthe state as provided in section 43-512.03;(b) Child support shall be defined as provided in section 43-1705;(c) Medical support shall include all expenses associatedwith the birth of a child,cash medical support as defined in section 42-369, health care coverage asdefined in section 44-3,144, and medical and hospital insurance coverageor membership in a health maintenance organization or preferred provider organization;(d) Spousal support shall be defined as provided in section 43-1715;(e) State Disbursement Unit shall be defined as provided insection 43-3341; and(f) Support shall be defined as provided in section 43-3313. SourceLaws 1935, Spec. Sess., c. 30, § 12, p. 185; C.S.Supp.,1941, § 43-512; R.S.1943, § 43-512; Laws 1945, c. 104, § 1, p. 338; Laws 1947, c. 158, § 1, p. 436; Laws 1951, c. 79, § 5, p. 240; Laws 1951, c. 130, § 1, p. 549; Laws 1953, c. 233, § 1, p. 809; Laws 1959, c. 191, § 1, p. 694; Laws 1967, c. 252, § 1, p. 671; Laws 1971, LB 639, § 1; Laws 1974, LB 834, § 1; Laws 1975, LB 192, § 1; Laws 1977, LB 179, § 1; Laws 1977, LB 425, § 1; Laws 1980, LB 789, § 1; Laws 1982, LB 522, § 13; Laws 1982, LB 942, § 3; Laws 1983, LB 371, § 12; Laws 1985, Second Spec. Sess., LB 7, § 65; Laws 1987, LB 573, § 2; Laws 1988, LB 518, § 1; Laws 1989, LB 362, § 3; Laws 1990, LB 536, § 1; Laws 1991, LB 457, § 5; Laws 1991, LB 715, § 7; Laws 1994, LB 1224, § 50; Laws 1995, LB 455, § 2; Laws 1996, LB 1044, § 156; Laws 1997, LB 864, § 4; Laws 2000, LB 972, § 17; Laws 2007, LB296, § 115; Laws 2007, LB351, § 2; Laws 2009, LB288, § 7.