208.041. Children of unemployed parent eligible for aid to dependent children--unemployment benefits considered unearned income.
Children of unemployed parent eligible for aid to dependentchildren--unemployment benefits considered unearned income.
208.041. 1. Notwithstanding the provisions of subdivision(2) of section 208.050, the provisions of section 208.040 shallalso apply to a needy child who has been deprived of parentalsupport or care by reason of the unemployment of a parent as suchterm "unemployment" is defined and determined by the division offamily services pursuant to applicable federal law andregulations. The unemployed parent, for whose child or childrenbenefits may be received, is eligible for payments and under thissection must:
(1) Be physically present in Missouri, living in the homewith the child or children, actively seeking employment, andcomplying with requirements made by the division of familyservices pursuant to applicable state and federal requirementsfor registration with the United States Secretary of Labor or hisrepresentative regarding employment, training, work incentive andspecial work projects;
(2) Have been unemployed for at least thirty days prior toreceiving benefits under this section and must apply for andreceive any unemployment benefits to which he or she is entitled,such benefits to be considered as unearned income in determiningeligibility for aid to families with dependent children;
(3) Not have refused without good cause, within suchthirty-day period prior to the receipt of such aid, any bona fideoffer of employment which he or she is physically able to performand otherwise qualified to engage in;
(4) Not have refused, without good cause, vocationalrehabilitation, education, training, work incentive or specialwork projects offered;
(5) (a) Have six or more quarters of work within anythirteen-calendar-quarter period ending within one year prior tothe application for such aid or have received or have beenqualified to receive unemployment compensation within suchone-year period;
(b) A "quarter of work" with respect to any individual shallmean a period of three consecutive calendar months ending onMarch thirty-first, June thirtieth, September thirtieth, orDecember thirty-first in which he or she received earned incomeof not less than fifty dollars or in which he or she participatedin a community work and training program or the work incentiveprogram;
(c) An individual shall be deemed "qualified" forunemployment compensation under the state's unemploymentcompensation law if he or she would have been eligible to receivesuch benefits upon filing application, or he or she performedwork not covered by such law which, if it has been covered,would, together with any covered work he or she performed, havemade him or her eligible to receive such benefits upon filingapplication; and
(6) Be the natural or adoptive parent of the child orchildren or legally responsible for the support of the child orchildren.
2. The division of family services shall enter into acooperative agreement with the state department of elementary andsecondary education and the coordinating board for highereducation for use of public vocational rehabilitation andeducation services and facilities in respect to the unemployedparent to the end that those capable of assimilating andutilizing the same may be trained or retrained.
3. The division of family services shall enter into anagreement with the division of employment security forregistration and reregistration of unemployed parents, and shallrefer them to the United States Secretary of Labor or hisrepresentative, within thirty days of receiving assistance, forthe purpose of providing employment, training, work incentive andspecial work projects for all eligible unemployed parents asprovided in section 208.042.
4. Payments shall be prorated within the limits of theappropriations, and shall not exceed the amount of theappropriations made therefor.
5. This section shall not become effective until June 16,1983.
(L. 1973 S.B. 155, A.L. 1975 S.B. 308, A.L. 1980 H.B. 1378, A.L. 1981 H.B. 901)Effective 6-16-83