CHAPTER 6. APPLICATION FOR TOWNSHIP ASSISTANCE
IC 12-20-6
Chapter 6. Application for Township Assistance
IC 12-20-6-0.5
Previous denial of assistance or conviction
Sec. 0.5. (a) As used in this section, "member of the applicant's
household" includes any person who lives in the same residence as
the applicant.
(b) The township trustee shall determine whether an applicant or
a member of the applicant's household has been denied assistance
under IC 12-14-1-1, IC 12-14-1-1.5, IC 12-14-2-5.1, IC 12-14-2-5.3,
IC 12-14-2-18, IC 12-14-2-20, IC 12-14-2-21, IC 12-14-2-24,
IC 12-14-2-26, IC 12-14-2.5, or IC 12-14-5.5.
(c) A township trustee has no obligation to extend aid to an
applicant or to a member of an applicant's household who has been
denied assistance as described in subsection (b).
(d) A township trustee shall not extend aid to an applicant or to a
member of an applicant's household if the applicant or the member
of the applicant's household has been convicted of an offense under
IC 35-43-5-7 or IC 35-43-5-7.1 as follows:
(1) If the conviction is a misdemeanor, a township trustee shall
not extend aid to the applicant or the member of the applicant's
household for one (1) year after the conviction.
(2) If the conviction is a felony, a township trustee shall not
extend aid to the applicant or the member of the applicant's
household for ten (10) years after the conviction.
As added by P.L.46-1995, SEC.56.
IC 12-20-6-1
Application and affidavit
Sec. 1. (a) A township trustee may not extend aid to an individual
or a household unless an application and affidavit setting forth the
personal condition of the individual or household has been filed with
the trustee within one hundred eighty (180) days before the date aid
is extended.
(b) An individual filing an application and affidavit on behalf of
a household must provide the names of all household members and
any information necessary for determining the household's eligibility
for township assistance. The application must be on the form
prescribed by the state board of accounts.
(c) An applicant for utility assistance under IC 12-20-16-3(a) must
comply with IC 12-20-16-3(d).
(d) The township trustee may not extend additional or continuing
aid to an individual or a household unless the individual or
household files an affidavit with the request for assistance affirming
how, if at all, the personal condition of the individual or the
household has changed from that set forth in the individual's or
household's most recent application.
(e) The township trustee shall assist an applicant for township
assistance in completing a township assistance application if the
applicant:
(1) has a mental or physical disability, including mental
retardation, cerebral palsy, blindness, or paralysis;
(2) has dyslexia; or
(3) cannot read or write the English language.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.21;
P.L.259-2001, SEC.1; P.L.73-2005, SEC.29.
IC 12-20-6-2
Repealed
(Repealed by P.L.51-1996, SEC.77.)
IC 12-20-6-3
Eligibility for other public assistance
Sec. 3. Each township trustee shall obtain information about
public assistance programs and services administered by the division
of family resources and county offices under this article, the Social
Security Administration, the federal Food Stamp program (7 U.S.C.
2011 et seq.), or by another federal or state governmental entity. If
a trustee believes a township assistance applicant or a member of the
applicant's household may be eligible for a public assistance
program, the trustee may not extend aid to the applicant or the
applicant's household unless the applicant verifies that:
(1) the applicant has filed, within the one hundred eighty (180)
days preceding the application for township assistance, an
application for assistance under a federal or state public
assistance program administered by the division of family
resources and county offices or by another federal or state
governmental entity;
(2) the applicant or a member of the applicant's household is
receiving assistance under a public assistance program
administered by the division of family resources and county
offices or another federal or state governmental entity; or
(3) the applicant or a member of the applicant's household has
an emergency need that the trustee determines must be met
immediately.
As added by P.L.2-1992, SEC.14. Amended by P.L.4-1993, SEC.191;
P.L.5-1993, SEC.204; P.L.51-1996, SEC.22; P.L.73-2005, SEC.30;
P.L.145-2006, SEC.112.
IC 12-20-6-4
Repealed
(Repealed by P.L.51-1996, SEC.77.)
IC 12-20-6-5
Application for other assistance
Sec. 5. If the township trustee determines that an applicant or a
member of the applicant's household who is granted emergency
township assistance under section 3(3) of this chapter may be eligible
for public assistance other than township assistance, the applicant
shall, not more than fifteen (15) working days after the date that
emergency township 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 resources and county offices or another
federal or state governmental entity. An applicant or a member of the
applicant's household who fails to file an application for public
assistance not more than fifteen (15) working days after the date that
emergency township assistance was granted may not be granted
township assistance for sixty (60) days following the grant of
township assistance on an emergency basis.
As added by P.L.2-1992, SEC.14. Amended by P.L.4-1993, SEC.192;
P.L.5-1993, SEC.205; P.L.51-1996, SEC.23; P.L.73-2005, SEC.31;
P.L.145-2006, SEC.113.
IC 12-20-6-5.5
Application for public assistance before granting township
assistance
Sec. 5.5. (a) This section does not apply in an emergency.
(b) If, before granting township assistance, the township trustee
determines that an applicant or a member of an applicant's household
may be eligible for public assistance other than township assistance,
the applicant or household member shall, when referred by the
township trustee, make an application and comply with all necessary
requirements for completing the application process for public
assistance administered by:
(1) the division of family resources and county offices; or
(2) any other federal or state governmental entity.
(c) An applicant or a household member who fails to:
(1) file an application as specified in subsection (b); and
(2) show evidence that the application, as referred by the
township trustee, was filed not more than fifteen (15) working
days after the township trustee's referral;
may be denied township assistance for not more than sixty (60) days.
As added by P.L.51-1996, SEC.24. Amended by P.L.73-2005,
SEC.32; P.L.145-2006, SEC.114.
IC 12-20-6-6
Repealed
(Repealed by P.L.262-2003, SEC.9.)
IC 12-20-6-6.5
Denial of relief; welfare fraud
Sec. 6.5. (a) If an individual has been convicted of an offense
under IC 35-43-5-7, a township trustee may not extend aid to or for
the benefit of that individual for the following periods:
(1) If the conviction is for a misdemeanor, for one (1) year after
the conviction.
(2) If the conviction is for a felony, for ten (10) years after the
conviction.
(b) If a township trustee finds that an individual has obtained
township assistance from any township by means of conduct
described in IC 35-43-5-7, the township trustee may refuse to extend
aid to or for the benefit of that individual for sixty (60) days after the
later of the:
(1) date of the improper conduct; or
(2) date aid was last extended to the individual based on the
improper conduct.
As added by P.L.51-1996, SEC.25. Amended by P.L.73-2005,
SEC.33.
IC 12-20-6-6.6
Aid cannot pay for goods or services during period when assistance
denied
Sec. 6.6. Notwithstanding any other provision of this article:
(1) a township trustee may not extend aid to or for the benefit
of an individual if that aid would pay for goods or services
provided to or for the benefit of the individual; and
(2) a township is not obligated to pay the cost of basic
necessities incurred on behalf of the household in which the
individual resides;
during a period that the individual has previously applied for and
been denied township assistance.
As added by P.L.51-1996, SEC.26. Amended by P.L.259-2001,
SEC.2; P.L.73-2005, SEC.34.
IC 12-20-6-7
Action on application
Sec. 7. (a) In a case of emergency, a trustee shall accept and
promptly act upon a completed application from an individual
requesting assistance. In a nonemergency request for township
assistance, the trustee shall act on the completed application not later
than seventy-two (72) hours after receiving the application,
excluding weekends and legal holidays listed in IC 1-1-9. The
trustee's office shall retain a copy of each application and affidavit
whether or not relief is granted.
(b) The actions that a trustee may take on a completed application
for township assistance, except in a case of emergency, are the
following:
(1) Grant assistance.
(2) Deny assistance, including a partial denial of assistance
requested.
(3) Leave the decision pending.
(c) A decision pending determination under subsection (b)(3):
(1) may not remain pending for more than seventy-two (72)
hours after the expiration of the period described in subsection
(a); and
(2) must include a statement listing the specific reasons that
assistance is not granted or denied within the period required
under subsection (a).
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.27;
P.L.259-2001, SEC.3; P.L.73-2005, SEC.35.
IC 12-20-6-8
Notice of action taken; appeals
Sec. 8. (a) A township trustee shall promptly notify in writing
each applicant for township assistance of action taken upon a
completed application for township assistance. The trustee shall do
the following:
(1) Mail notice or provide personal notice not later than
seventy-two (72) hours, excluding weekends and legal holidays
listed in IC 1-1-9, after the completed application is received,
advising the applicant of the right to appeal an adverse decision
of the trustee to the board of commissioners.
(2) Include in the notice required under subdivision (1) the
following:
(A) The type and amount of assistance granted.
(B) The type and amount of assistance denied or partially
granted.
(C) Specific reasons for denying all or part of the assistance
requested.
(D) Information advising the applicant of the procedures for
appeal to the board of commissioners.
(b) A copy of the notice described in subsection (a) shall be filed
with the recipient's application and affidavit in the trustee's office.
(c) An application for township assistance is not considered
complete until all adult members of the requesting household have
signed:
(1) the township assistance application; and
(2) any other form, instrument, or document:
(A) required by law; or
(B) determined necessary for investigative purposes by the
trustee, as contained in the township's township assistance
guidelines.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.28;
P.L.259-2001, SEC.4; P.L.73-2005, SEC.36.
IC 12-20-6-9
Investigation; relatives
Sec. 9. If an application for township assistance is made to the
township trustee as administrator of township assistance, the
township trustee, as administrator of township assistance, shall
carefully investigate the circumstances of the applicant and each
member of the applicant's household to ascertain the following:
(1) Legal residence.
(2) Names and ages.
(3) Physical condition relating to sickness or health.
(4) Present and previous occupation.
(5) Ability and capacity to perform labor.
(6) The cause of the applicant's or household member's
condition if the applicant or household member is found to be
in need and the cause can be ascertained.
(7) Whether the applicant or a member of the applicant's
household is entitled to income in the immediate future from
any source, including the following:
(A) Past or present employment.
(B) A pending claim or cause of action that may result in a
monetary award being received by any member of the
applicant's household claiming to be in need.
(C) A pending determination for assistance from any other
federal or state governmental entity.
(8) The family relationships of the township assistance
applicant.
(9) Whether the township assistance applicant or members of
the applicant's household have relatives able and willing to
assist the applicant or a member of the applicant's household.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.29;
P.L.73-2005, SEC.37.
IC 12-20-6-10
Support by relatives
Sec. 10. (a) As used in this section, "relative" includes only the
parent, stepparent, child, stepchild, sibling, stepsibling, grandparent,
stepgrandparent, grandchild, or stepgrandchild of a township
assistance applicant.
(b) If an applicant who applies for township assistance or a
member of the applicant's household has a relative living in the
township who is able to assist the applicant or member of the
applicant's household, the township trustee shall, as administrator of
township assistance and before granting aid a second time, ask the
relative to help the applicant or member of the applicant's household,
either with material relief or by furnishing employment.
(c) A township trustee may not use township assistance funds to
pay the cost of an applicant's shelter with a relative who is the
applicant's landlord if the applicant lives in:
(1) the same household as the relative; or
(2) housing separate from the relative and either:
(A) the housing is unencumbered by mortgage; or
(B) the housing has not been previously rented by the
relative to a different tenant at reasonable market rates for at
least six (6) months.
(d) If shelter payments are made to a relative of a township
assistance applicant on behalf of the applicant or a member of the
applicant's household, the trustee may file a lien against the relative's
real property for the amount of township shelter assistance granted.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.30;
P.L.73-2005, SEC.38.