TITLE 915 INDIANA VETERANS' AFFAIRS COMMISSION
Proposed Rule
LSA Document #18-243
DIGEST
Adds
915 IAC 3 to establish qualifications and requirements for obtaining assistance from the military family relief fund. Effective 30 days after filing with the Publisher.
SECTION 1.
915 IAC 3 IS ADDED TO READ AS FOLLOWS:
ARTICLE 3. MILITARY FAMILY RELIEF FUND
Rule 1. Purpose
Authority:
IC 10-17-12-10
Sec. 1. The purpose of this article is to establish criteria and procedures to be utilized by the commission and executed by the department in the administration of the fund under IC 10-17-12. This article sets forth criteria used in determining whether an applicant is eligible to receive assistance from the fund, the establishment of a hardship justifying assistance from the fund, criteria examined by the commission in determining an applicant's need, and a description of the application process.
(Indiana Veterans' Affairs Commission; 915 IAC 3-1-1)
Rule 2. Definitions
Authority:
IC 10-17-12-10
Sec. 1. The definitions in this rule apply throughout this article.
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-1)
Authority:
IC 10-17-12-10
Sec. 2. "Active duty" has the meaning set forth in IC 10-16-7-0.5 as verified by Title 10 orders of the United States Code.
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-2)
Authority:
IC 10-17-12-10
Sec. 3. "Armed forces" has the meaning set forth in IC 10-17-12-2.
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-3)
Authority:
IC 10-17-12-10
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-4)
Authority:
IC 10-17-12-10
Sec. 5. "DD214" refers to the United States Department of Defense Form 214.
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-5)
Authority:
IC 10-17-12-10
Sec. 6. "Declared war" means a war declared by an act of Congress under Article 1, Section 8 of the United States Constitution.
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-6)
Authority:
IC 10-17-12-10
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-7)
Authority:
IC 10-17-12-10
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-8)
915 IAC 3-2-9 "National conflict" defined
Authority:
IC 10-17-12-10
Sec. 9. "National conflict" means a military engagement authorized or funded by either the United States Congress or the President of the United States. It can be part of a formal declaration of war, but a declaration is not a required element.
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-9)
Authority:
IC 10-17-12-10
Sec. 10. "National guard" has the meaning set forth in IC 10-17-12-7.
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-10)
Authority:
IC 10-17-12-10
Sec. 11. "NGB Form 22" refers to the National Guard Bureau Form 22.
(Indiana Veterans' Affairs Commission; 915 IAC 3-2-11)
Rule 3. National Conflicts
915 IAC 3-3-1 List of accepted national conflicts
Authority:
IC 10-17-12-10
Sec. 1. This section states eligible national conflicts as of October 1, 2017:
| | |
| Name | Start Date | End Date |
| Gulf War & Global War on Terrorism | August 2, 1990 | Present |
| Vietnam | August 5, 1964 | May 7, 1975 |
| Korean Peninsula Service (Airspace & Waters – 30 Consecutive Days) | January 1, 1950 | Present |
| World War II | December 7, 1941 | December 31, 1946 |
| Quemoy and Matsu Islands | August 23, 1956 | June 1, 1963 |
| Lebanon (1958 Lebanon Crisis) | July 1, 1958 | November 1, 1958 |
| Taiwan Straits (2nd Taiwan Straits Crisis) | August 23, 1958 | January 1, 1959 |
| Berlin (Berlin Crisis) | August 14, 1961 | June 1, 1963 |
| Cuba | October 24, 1962 | June 1, 1963 |
| Congo (Operation Dragon Rouge) | November 23, 1964 | November 27, 1964 |
| Dominican Republic (Operation Power Pack) | April 28, 1965 | September 21, 1966 |
| Cambodia (Operation Eagle Pull) | April 11, 1975 | April 13, 1975 |
| Vietnam (Operation Frequent Wind) | April 29, 1975 | April 30, 1975 |
| Mayaguez Operation | May 15, 1975 | Date to be determined |
| Grenada (Operation Urgent Fury) | October 23, 1983 | November 21, 1983 |
| Libya (Operation El Dorado Canyon) | April 12, 1986 | April 17, 1986 |
| Persian Gulf (Operation Earnest Will) | July 24, 1987 | August 1, 1990 |
| Panama (Operation Just Cause) | December 20, 1989 | January 31, 1990 |
| Haiti (Operation Uphold Democracy) | September 16, 1994 | March 31, 1995 |
| Kuwait (Operation Southern Watch) | December 1995 | March 2003 |
| Saudi Arabia (Operation Southern Watch) | December 1995 | March 2003 |
| Haiti (Operation Secure Tomorrow) | February 29, 2004 | June 15, 2004 |
| Yugoslavia | January 1, 2014 | Date to be determined |
| Democratic Republic of Congo | July 14, 1960 | September 1, 1962 |
| Somalia (Operation Restore Hope) | December 5, 1992 | March 31, 1995 |
| Somalia (Operation United Shield) | December 5, 1992 | March 31, 1995 |
| Yugoslavia (Operation Joint Endeavor) | June 1, 1992 | June 20, 1998 |
| Yugoslavia (Operation Joint Guard) | June 1, 1992 | June 20, 1998 |
| Yugoslavia (Operation Joint Forge) | June 21, 1998 | December 2, 2004 |
| Vietnam (General Service) | July 1, 1958 | July 3, 1965 |
| Laos | April 19, 1961 | October 7, 1962 |
| Cambodia (Vietnam Support Operations) | March 29, 1973 | August 15, 1973 |
| Thailand (Vietnam Support Operations) | March 29, 1973 | August 15, 1973 |
| El Salvador | January 1, 1981 | February 1, 1992 |
| Lebanon | June 1, 1983 | December 1, 1987 |
| SW Asia (Operation Southern Watch) | December 1, 1995 | March 18, 2003 |
| SW Asia (Operation Maritime Intercept Operation) | December 1, 1995 | March 18, 2003 |
| SW Asia (Operation Vigilant Sentinel) | December 1, 1995 | February 15, 1997 |
| SW Asia (Operation Northern Watch) | January 1, 1997 | March 18, 2003 |
| SW Asia (Operation Desert Thunder) | November 11, 1998 | December 22, 1998 |
| SW Asia (Operation Desert Fox) | December 16, 1998 | December 22, 1998 |
| SW Asia (Operation Desert Spring) | December 31, 1998 | March 18, 2003 |
(Indiana Veterans' Affairs Commission; 915 IAC 3-3-1)
915 IAC 3-3-2 List of accepted national conflicts expansion
Authority:
IC 10-17-12-10
Sec. 2. The list in section 1 of this rule is not exhaustive, and the list may be expanded after the publication date of this rule. Any national conflicts identified by the commission and supported by recognition from the United States Department of Defense shall also qualify.
(Indiana Veterans' Affairs Commission; 915 IAC 3-3-2)
Rule 4. Administration
915 IAC 3-4-1 Staffing and administration of the fund
Authority:
IC 10-17-1-4
Sec. 1. (a) The commission shall utilize the staffing and resources of the department in carrying out the purposes and functions of this rule. The department shall institute those procedures and methodologies consistent with this rule in administering the application process.
(b) The department shall report to the commission, no less than quarterly, as to the status of all applications filed with the commission during the previous quarter, including applications received, awards granted, and denials of assistance for any reason.
(Indiana Veterans' Affairs Commission; 915 IAC 3-4-1)
915 IAC 3-4-2 General application process; guidelines and time frames
Authority:
IC 10-17-12-10
Sec. 2. The general application process for applying for assistance from the fund shall be consistent with the following guidelines and time frames:
(1) The application shall be available in both print form and on the department's website where it can be filled out and submitted electronically.
(2) The department shall only consider the application after it has received a complete application including all supporting documentation. The department shall mark and date-stamp every application as received when the application is received.
(3) The department will first conduct an eligibility review under 915 IAC 3-6-2.
(4) The department will next conduct a need determination review under 915 IAC 3-6-3, 915 IAC 3-6-4, and 915 IAC 3-6-5. The department will determine the appropriate amount of assistance to award based on the need determination criteria and other procedures in this rule.
(5) If the applicant is deemed eligible, the department shall effect prompt payment to the applicant, identified vendor, or utility provider in the amount established in the need determination review, not to exceed two thousand five hundred dollars ($2,500). Payment shall be made consistent with the state's payment procedures as established by the auditor of state.
(6) If the applicant is deemed ineligible, the department will generate a denial letter to the applicant under 915 IAC 3-7-1.
(7) The applicant shall have the right to appeal the department's determination under 915 IAC 3-7-2
(Indiana Veterans' Affairs Commission; 915 IAC 3-4-2)
Rule 5. Application Procedures
915 IAC 3-5-1 Application for a military family relief fund grant
Authority:
IC 10-17-12-10
Sec. 1. An applicant shall submit an application on a form prescribed by the department. The application shall be available in both print form and on the department's website where it can be filled out and submitted electronically. The application shall include the following information:
(1) The name and address of the applicant and the applicant's spouse.
(2) Proof of Indiana residency.
(3) Proof that the applicant is a qualified service member or the dependent of a qualified service member as follows:
(A) If the applicant is a qualified service member, the applicant shall provide documentation of each of the following:
(i) That the applicant is currently or was previously a member of the armed forces of the United States or national guard.
(ii) That the applicant is serving or has served on active duty during a time of national conflict or war.
(iii) If not currently serving, the applicant's DD214 or other appropriate documentation of service in the armed forces or national guard.
(B) If the applicant is the dependent of a qualified service member, the applicant shall provide documentation listed in clause (A) for the relevant qualified service member and documentation establishing that the applicant qualifies as a dependent of the qualified service member under 37 U.S.C. 401, as in effect on January 1, 2009.
(4) Documentation of and a statement explaining the need for short term financial assistance with food, housing, utilities, medical services, basic transportation, child care, education, employment or workforce, or other essential family support expenses that have become difficult to afford for the applicant. The documentation should include copies of all recent bills, invoices, or demand letters for the expenses.
(5) The amount of assistance being requested.
(6) Documentation of the federal gross income of the applicant and the applicant's spouse, if any, including the following:
(A) A copy of the applicant's and the applicant's spouse's most recent federal income tax return.
(B) A copy of any Internal Revenue Service Form W-2 for the applicant and the applicant's spouse used to prepare the most recent federal income tax return.
(C) Documentation of any other income included in the federal gross income of the applicant and the applicant's spouse for the most recent federal income tax return.
(D) Copies of any pay stubs for the two (2) pay periods immediately preceding the date of application from any employer of the applicant or the applicant's spouse.
(7) A list of any other income or assets available to the applicant or the applicant's spouse that could be used to meet the need for short term financial assistance. If there are no other income or assets, the applicant and the applicant's spouse shall affirmatively state that no other income or assets are available to meet the need for short term financial assistance and that no income or assets have been assigned or transferred to other persons or entities to circumvent this requirement.
(8) Documentation of any other income or assets of the applicant and the applicant's spouse, including the following:
(A) Bank statements for any checking, savings, or other financial accounts held by the applicant or the applicant's spouse.
(B) Copies or statements of any certificates of deposit, savings bonds, stocks, mutual funds, annuities, or other financial assets or investments held by the applicant or the applicant's spouse.
(C) Documentation of any homes, automobiles, all terrain vehicles, watercraft, recreational vehicles, timeshares, or vacation homes.
(D) Documentation of any interests or ownership in other assets, businesses, or properties.
(E) Any other information or documentation that relates to an applicant's wealth or financial resources.
(9) A detailed list of any financial assistance received by the applicant or the applicant's spouse from another federal, state, or local government program or from a nonprofit organization during the preceding three hundred sixty-five (365) days, the amount received, and the amount expended to date.
(10) The signature of the applicant and the applicant's spouse, attesting that all information provided in the application is true and accurate.
(Indiana Veterans' Affairs Commission; 915 IAC 3-5-1)
Authority:
IC 10-17-12-10
Sec. 2. (a) The department shall notify the applicant in writing when the application is complete. An application shall not be considered complete until all required information and documentation have been received by the department. The department may request additional information not listed in section 1 of this rule that it deems necessary to determine the applicant's (or the applicant's spouse's) income, assets, wealth, or financial condition.
(b) The department may deny an incomplete application if all required documentation is not received within thirty (30) days of the first submission. If the deadline falls on a weekend or holiday, the deadline for receiving the documentation shall be the next business day.
(Indiana Veterans' Affairs Commission; 915 IAC 3-5-2)
915 IAC 3-5-3 Changes in application information
Authority:
IC 10-17-12-10
Sec. 3. Prior to the award of any grant from the fund, the applicant shall notify the department of any changes in the application information or documentation in writing within ten (10) days of the change.
(Indiana Veterans' Affairs Commission; 915 IAC 3-5-3)
Rule 6. Eligibility Requirements and Need Determination
915 IAC 3-6-1 Requirements for assistance from the fund
Authority:
IC 10-17-12-10
Sec. 1. In order to be eligible for assistance from the fund, an applicant must meet all of the following:
(1) The military service eligibility criteria established by section 2 of this rule.
(2) The financial criteria established by section 3 of this rule.
(3) The hardship criteria established by section 4 of this rule.
(Indiana Veterans' Affairs Commission; 915 IAC 3-6-1)
Authority:
IC 10-17-12-10
Sec. 2. (a) In order to be eligible to receive assistance from the fund, an applicant must satisfy all of the following conditions:
(1) The applicant must be a resident of the state of Indiana.
(2) The applicant must be a qualified service member or dependent of a qualified service member.
(3) The applicant must demonstrate a need for short term assistance with food, housing, utilities, medical services, basic transportation, child care, education, employment or workforce, or other essential family support expenses that have become difficult to afford.
(4) Subject to section 3 of this rule, the applicant must satisfy the income eligibility requirement by demonstrating that the federal gross income of the individual and the individual's spouse is less than or equal to two (2) times the federal poverty guideline.
(5) The individual must demonstrate that there are no other income or assets available to the individual or the individual's spouse reasonably available and sufficient to meet the need for short term financial assistance.
(6) The individual must demonstrate that the individual has made reasonable efforts to secure assistance from other assistance programs to meet the need for short term assistance.
(7) The applicant must demonstrate that the applicant has incurred a genuine hardship as set forth in section 4 of this rule.
(b) An individual is not eligible for a grant from the fund if:
(1) the individual has been discharged and the discharge is less than under honorable conditions; or
(2) the term of qualifying military service is less than twelve (12) months.
(c) The term of service of a qualified service member who has been discharged shall be calculated using the following information:
(1) DD214.
(2) NGB Form 22.
(3) Any other appropriate documentation of service in the armed forces or national guard.
(Indiana Veterans' Affairs Commission; 915 IAC 3-6-2)
Authority:
IC 10-17-12-10
Sec. 3. (a) The commission shall utilize the most recent available federal poverty guidelines in its evaluation of an applicant's financial eligibility. Federal poverty guidelines are published in the Federal Register in January of each year.
(b) The applicant's federal gross income, or combined federal gross income of the applicant and the applicant's spouse, shall be based on the most recent two (2) consecutive pay stubs and most recent federal tax returns, including any W-2 tax forms or other income documentation of the applicant and the applicant's spouse.
(c) If the applicant's gross income, or the combined gross income of the applicant and the applicant's spouse, exceeds two (2) times the United States federal poverty guideline amount then the applicant will not be eligible for assistance from the fund.
(d) The commission may waive the gross income threshold established in subsection (a) if the applicant requests a waiver of the threshold in writing to the commission. The applicant must provide supporting documentation indicating that a substantive, negative change or impact in the:
(1) employment status;
(2) medical condition (including death);
(3) increase in the number of dependents; or
(4) housing;
of the applicant, or the applicant's spouse, has occurred, and that the change or impact would support a reasonable conclusion that the applicant's gross income is not likely to exceed two (2) times the most recent federal poverty guideline in the current calendar year as a result of the change or impact.
(Indiana Veterans' Affairs Commission; 915 IAC 3-6-3)
Authority:
IC 10-17-12-10
Sec. 4. (a) An applicant must establish that the applicant has incurred a genuine hardship in order to be eligible to receive assistance from the fund. The hardship incurred by the applicant must:
(1) be a reasonable and logical consequence of the applicant's service in the armed forces or the national guard; and
(2) directly impact the applicant's most central and basic living needs, such as food, housing, utilities, medical services, necessary vehicle repairs, child care, education, employment or workforce, or other essential family support expenses.
(b) Awards from the fund may not be used to cover luxury or entertainment expenses, such as sports cars, second homes, vacations, concerts, weapons, and other nonessential or recreational expenses.
(Indiana Veterans' Affairs Commission; 915 IAC 3-6-4)
915 IAC 3-6-5 Need determination considerations
Authority:
IC 10-17-12-10
Sec. 5. (a) The department shall consider an applicant's financial condition and needs when making determinations regarding awards of assistance from the fund. The department shall use this information to make a comprehensive assessment of the applicant's financial resources and need.
(b) The department will assess the applicant's financial condition based upon the financial information submitted by the applicant and will establish an amount of award associated with the application.
(c) The department may, within its discretion, engage directly with the applicant's identified vendor or utility provider and pay those costs or debts specifically identified by the applicant or the vendor in lieu of making an award directly to the applicant.
(d) If the department determines, upon initial receipt of the application, that the applicant's situation constitutes an emergency condition affecting the applicant's health or safety, the commission will make appropriate efforts to expedite that application.
(Indiana Veterans' Affairs Commission; 915 IAC 3-6-5)
Authority:
IC 10-17-12-10
Sec. 6. The department will determine, based upon the need determination process outlined in section 5 of this rule, the amount and method of distribution of any award from the fund. An applicant may not receive more than two thousand five hundred dollars ($2,500) in total assistance from the fund.
(Indiana Veterans' Affairs Commission; 915 IAC 3-6-6)
915 IAC 3-6-7 Priorities when fund has limited amounts available
Authority:
IC 10-17-12-10
Sec. 7. (a) Awards of grants from the fund shall be made on a rolling basis until the maximum total dollar amount of grants that may be expended in a state fiscal year, as determined by the commission and the state budget agency, is reached. Once the maximum total dollar amount of grants that may be expended in a state fiscal year is reached, no additional grants may be authorized until additional funds are made available.
(b) In the event of limited or diminished funds available to support the fund, the commission shall set priority among applicants seeking assistance from the fund in the following order:
(1) Priority shall be given to those applicants who have not received an award from the fund in the past.
(2) Priority shall be given to those applicants who have not received assistance from any other assistance programs.
(3) Applications will be processed in the order in which they are received.
(Indiana Veterans' Affairs Commission; 915 IAC 3-6-7)
Rule 7. Denials and Appeals
Authority:
IC 10-17-12-10
Sec. 1. If the commission denies an applicant's request for short term financial assistance, the commission shall notify the applicant in writing within seven (7) business days of making the determination. The notice shall include the following:
(1) A statement indicating that application for assistance has been denied.
(2) The specific reasons for the denial.
(3) The factual reasons for denial of the application, whether related to eligibility or to financial need.
(4) The time and date that the commission received the application for assistance.
(5) An explanation of the process that the applicant may take to appeal the decision to the commission.
(6) A statement that the applicant has fifteen (15) business days to file an appeal.
(7) A statement that the failure to file an appeal within fifteen (15) business days of receipt constitutes acceptance of the denial and waives the right to appeal.
(Indiana Veterans' Affairs Commission; 915 IAC 3-7-1)
Authority:
IC 10-17-12-10
Sec. 2. (a) An applicant whose request for short term financial assistance is denied may appeal the determination to the commission within fifteen (15) days of the date the applicant receives notice of the denial. The commission shall conduct a hearing and issue a final determination on the matter in accordance with the provisions of the Administrative Orders and Procedures Act, IC 4-21.5.
(b) Any appeal shall be heard in accordance with the provisions of the Administrative Orders and Procedures Act found at IC 4-21.5.
(c) The commission may officially appoint a standing subcommittee comprised of commission members or department staff to hear and decide appeals filed under this article.
(Indiana Veterans' Affairs Commission; 915 IAC 3-7-2)
Posted: 08/15/2018 by Legislative Services Agency
DIN: 20180815-IR-915180243PRA
Composed: Apr 27,2024 5:09:59PM EDT
A
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