208.050. Aid to dependent children denied, when.
Aid to dependent children denied, when.
208.050. Aid to families with dependent children benefitsshall not be granted or continued:
(1) Unless the benefits granted are used to meet the needsof the child and the needy eligible relative caring for adependent child;
(2) To any person when benefits are claimed by reason of hisphysical or mental incapacity, and such person refuses to acceptvocational rehabilitation services or training or medical orother legal healing treatment necessary to improve or restore hiscapacity to support himself and his dependents, and it iscertified by competent medical authority designated by thedivision of family services that such physical or mentalincapacity can be removed, corrected or substantially improved;provided, however, the division of family services may in itsdiscretion waive this requirement, taking into consideration theage of the individual, nature and extent of training andtreatment, or whether he endangers the health of others in hisrefusal, whether the training or treatment is such that areasonably prudent person would accept it, and all other factsand circumstances in the individual case;
(3) To a household that receives in any month an amount ofincome which together with all other income for that month, notexcluded or disregarded by the division, exceeds the standard ofneed applicable to the family:
(a) Such amount of income shall be considered income to theindividual in the month received, and the household of which suchperson is a member shall be ineligible for the whole number ofmonths that equals the sum of such amount and all other incomereceived in such month, not excluded or disregarded by thedivision, divided by the standard of need applicable to thefamily;
(b) Any income remaining shall be treated as income receivedin the first month following the period of ineligibilityspecified in paragraph (a);
(c) For the purposes of this subdivision, where consistentwith federal law or regulation, "income" shall not include theproceeds of any life insurance policy, or prearranged funeral orburial contract, provided that such proceeds are actually used topay for the funeral or burial expenses of the deceased familymember.
(L. 1949 p. 589 § 9408a, A.L. 1955 p. 691, A.L. 1969 H.B. 804, A.L. 1982 H.B. 1462, A.L. 1985 H.B. 803)(1985) In determining whether income received exceeds standard of need applicable to family, neither personal injury award, nor life insurance award used to replace resources destroyed in connection with same event causing deaths of those insured may be considered. Payne v. Toan, 626 F.Supp. 553 (W.D.Mo.)