|
|
Yslas v. Carlson
Issue
The decision in the Yslas v. Anderson lawsuit found that GAIN can not deny, reduce or stop GAIN supportive payments because participants received educational loans or grants. As a result of this decision, GAIN must obtain the prior, voluntary agreement of a GAIN participant before offsetting the client's expenses for child care, transportation and ancillary costs with their financial aid.
Dates
Effective September 1, 1993, GAIN regulations were clarified to note that the intent of the regulations were that the GAIN participant's financial aid cannot be used to meet expenses of child care, transportation, and ancillary costs without prior, voluntary agreement.
The retroactive portion of Yslas v. Anderson is implemented starting January 15, 1995.
- The claim period is from January 15, 1995 through April 14, 1995.
- The retroactive period is from October 19, 1987 through August 31, 1993.
Informing
The informing requirements are met through the use of a CA 7 stuffer and posters.
- The “Yslas v. Anderson - GAIN May Owe You Money” (TEMP GAIN 84) was mailed with the December CA 7s on the fist of January, 1995.
- The poster “Yslas v. Anderson - GAIN May Owe You Money” (TEMP GAIN 88) must be placed in the District Offices, CET Food Stamp redemption centers, GAIN offices, and specified educational facilities from January 15, 1995, through April 14, 1995. Persons who wish more information about this court case or who wish to file a claim are to contact the GAIN office.
Required Action
Social Services Benefits Specialists (SSBSs) in the District Offices have minimal responsibility in the implementation of the Yslas court order. If a client calls and wants more information or wishes to have a claim form, they must be given the GAIN telephone number (928-3612). If a claim form is received, immediately forward the form to GAIN. The GAIN office is responsible for the processing of the Yslas claim.
Referral to SSBS for Action
There may be cases where it is determined that a GAIN participant had their supportive services payments from GAIN stopped or reduced solely based upon the receipt of financial aid. If GAIN determines that an GAIN underpayment exists and there is an outstanding overpayment for either GAIN or AFDC, the claimant will be asked to allow the county to balance the underpayment against the overpayment. If the client agrees, the SSBS will be notified by CROP to take appropriate action on the AFDC overpayment balance.
Related Topics