Separate State Programs

V.S.A. tit. 33, ch. 11, subch. 3

in effect

33 V.S.A. § 1121 Authorization to segregate State funds and create separate State and solely State-funded programs

1121. Authorization to segregate State funds and create separate State and solely State-funded programs (a) Consistent with the purposes of this chapter, the Commissioner shall structure payment of appropriated TANF funds, State “maintenance of effort” funds, and general funds to create separate State and solely State-funded programs to aid families eligible for the financial assistance. For purposes of this chapter: (1) “Separate State program” means a program in which State funds are used to fund the program, and these funds are counted toward the State’s maintenance-of-effort requirement under TANF. (2) “Solely State-funded program” means a program in which State funds are used to fund the program and are not counted toward the State’s maintenance-of-effort requirement in order to maintain flexibility. (b) The Commissioner shall establish by rule standards, requirements, and criteria for the administration of any program established pursuant to this section that requires rules different from the financial assistance program. (c) Programs and payment structures created pursuant to this section shall accomplish one or more of the following purposes: (1) to provide work supports and assistance to working families while preserving their ability to receive financial assistance beyond the federal TANF 60-month lifetime limit; (2) to foster parental nurturing of children in their own homes; (3) to stabilize families in crisis; (4) to preserve financial assistance options beyond the federal TANF 60-month lifetime limit for families addressing multiple issues relating to self-sufficiency; (5) to preserve eligibility for financial assistance for certain parents who are under 18 and legal aliens whom federal law makes ineligible for TANF-funded assistance; or (6) to ensure that the State complies with the federal TANF program requirements and is able to avoid federal fiscal sanctions. (d)(1) The following solely State-funded programs shall be established, in accordance with rules adopted by the Commissioner: (A) the Postsecondary Education Program established under section 1122 of this title; (B) a program for families with a single parent, a caretaker, or two parents with one parent who is able-to-work-part-time or unable-to-work that have a primary caretaker of a child under 24 months of age who chooses pursuant to subsection 1114(b) of this title to defer the work requirement and to remain at home caring for the child, provided that the deferment is limited to any 24 months over the primary caretaker’s lifetime, and the elimination of such work requirement is not a State option under TANF; and (C) a program for the following vulnerable families: (i) a minor parent who is not meeting the TANF requirements; and (ii) families who have received TANF-funded assistance for over 60 months and do not qualify for the hardship exemption as provided for by rule. (2) Solely State-funded programs may be established, in accordance with rules adopted by the Commissioner, for the following individuals: (A) families in which the parents or caretakers are ineligible immigrants, who are considered work-eligible under federal law but are unable to meet the number of hours in work activities required for the family to be counted as meeting the work requirement under federal law; (B) adults who have been in sanction for more than three months; (C) families in which the parents have disabilities; (D) families in which one or more child has a disability and in which a family member is considered a work-eligible individual; (E) families in which the parents or caretakers have an application pending for Supplemental Security Income; and (F) two-parent households who are unable to meet the number of hours in work activities required for the family to be counted as meeting the work requirement under federal law, unless the federal law allows the State to exclude these families from the work participation rate or provides for an achievable work participation rate as determined by the Commissioner. (e) The Reach Ahead program shall be a separate State program structured to pay appropriated State maintenance of effort funds to families in which the parent or caretaker is engaged in employment for the number of hours that meets the applicable TANF participation rate requirement. (f) The Commissioner may establish other separate State and solely State-funded programs necessary to meet the goals established in this chapter. (g)(1) Any family receiving or applying for Reach Up financial assistance who is being referred by the Department to apply for or who is applying for Supplemental Security Insurance (SSI) or aid to the aged, blind, or disabled (AABD) under chapter 13 of this title shall authorize the Department to reimburse the State for the amounts described in subdivision (2) of this subsection from any initial SSI payment owed the individual that includes SSI payment for retroactive amounts. The family shall authorize the Social Security Administration to send the initial SSI payment directly to the Department. The Department may require an individual to sign a recovery of financial assistance agreement as authorization. (2) The Department may deduct an amount equal to the State-funded Reach Up financial assistance paid to the family for the needs of the SSI applicant during the period or periods in which the family received Reach Up financial assistance paid for with State funds. The deduction shall be for no more than the prorated portion of Reach Up financial assistance provided for those family members receiving SSI who are included in the SSI grant. The Department shall send any remainder due to the family within 10 days of receiving the payment from the Social Security Administration. (h) In furtherance of the policy goals of this section and in order to establish an excess of maintenance-of-effort State funds, the Commissioner shall maximize maintenance-of-effort State funds in the reports to the U.S. Administration for Children and Families. Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, § 14, eff. May 17, 2007; 2009, No. 67 (Adj. Sess.), § 91, eff. Feb. 25, 2010; 2011, No. 63, § E.323.

33 V.S.A. § 1122 Postsecondary Education Program

1122. Postsecondary Education Program (a) The Commissioner shall establish by rule a solely State-funded program to provide financial assistance equivalent to the Reach Up financial assistance amount the family would receive if it were participating in the Reach Up program and support services to enable parents in eligible families to pursue undergraduate postsecondary degrees in fields directly related to employment. (b) The Program authorized by this section shall be administered by the Commissioner or by a contractor designated by the Commissioner. The Program shall be supported with funds other than federal TANF block grant funds provided under Title IV-A of the Social Security Act, except that the Commissioner may fund financial assistance grants and support services of families participating in the Postsecondary Education Program with TANF block grant or State maintenance of effort funds when a participating parent’s educational activities are a countable work activity under federal law and when it will further one or more of the purposes in subdivision 1121(c)(1) of this title. (c) Financial eligibility for the Program and the amount of financial assistance shall be determined using Reach Up financial assistance rules. The Commissioner may use Reach Up rules for the Postsecondary Education Program with the exception of rules inconsistent with this section or related to the work requirements. (d) To be financially eligible to participate in the Postsecondary Education Program, the family’s gross income minus a participating parent’s earnings shall not exceed 150 percent of the federal poverty level for the appropriate family size. (e) All financially eligible families who apply to participate in the Postsecondary Education Program shall be considered for admission, provided that they meet all of the following criteria: (1) [Repealed.] (2) [Repealed.] (3)(A) A participating parent has not already received a postsecondary undergraduate degree. (B) A participating parent has already received a postsecondary undergraduate degree, and the occupations for which it prepared that participating parent are obsolete. (C) A participating parent, due to a disability, is no longer able to perform the occupations for which the degree prepared that participating parent. (D) The preparation for occupations that a participating parent received through the postsecondary undergraduate degree is outdated and not marketable in the current labor market. (4) A participating parent shall be a matriculating student in a two-year or four-year degree program as provided for in the postsecondary education plan. (5) A participating parent has been determined to be eligible for financial assistance from the Vermont Student Assistance Corporation and can demonstrate the ability to cover tuition costs. (6) A participating parent agrees to limit employment to not more than 20 hours per week when school is in session. The Department may establish exceptions by rule to allow a participating parent to work more than 20 hours per week. (7) The family and a participating parent maintain financial eligibility for the Program and uninterrupted residency in Vermont for the duration of participation in the Postsecondary Education Program. (8) A participating parent maintains good academic standing at the college. (f) Participation in the Program authorized by this section may be denied to parents meeting the eligibility criteria if Program funds are insufficient to allow all eligible applicants to participate. When funds are insufficient to allow all eligible applicants to participate, priority shall be given to those individuals who: (1) have demonstrated the ability to be successful in college, have already accumulated credits that can be applied to a college degree, and qualify for financial assistance; (2) have no postsecondary education and qualify for financial assistance; (3) have demonstrated the ability to be successful in college, have already accumulated credits that can be applied to a college degree, and qualify for services but not financial assistance; (4) have no postsecondary education and qualify for services but not financial assistance. (g) Continued participation in the Postsecondary Education Program is contingent on the participating parent: (1) maintaining compliance with all program criteria in subsections (d) and (e) of this section; and (2) remaining a member in good standing of the college and making progress toward a degree. (h) For the purposes of this section: (1) “Full-time” means 40 hours per week or a position requiring no fewer than 35 hours of work per week that the employer defines as full-time. (2) “Parent” means a biological parent, stepparent, or adoptive parent who has custody of and resides with a dependent minor child. (i) The Department shall offer written and verbal information pertaining to postsecondary education to an appropriate Reach Up participant based on the participant’s assessment. Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, § 15, eff. May 17, 2007; 2009, No. 156 (Adj. Sess.), § E.323.3; 2013, No. 50, § E.323.5; 2021, No. 133 (Adj. Sess.), § 10, eff. Jan. 1, 2024.

33 V.S.A. § 1123 Vermont Matched Savings Program

1123. Vermont Matched Savings Program (a) As used in this section: (1) “Account” means a savings account that is held in an insured financial institution that is maintained by the saver as part of an approved account program and an approved savings plan. (2) “Agency” means the Agency of Human Services. (3) “Approved account program” means a program approved by the Agency and administered by a service provider. (4) “Approved savings plan” means a plan, approved by the service provider and agreed to by the saver, that defines savings goals, program requirements, and anticipated uses of the savings and matching funds. The plan shall be a contract between the saver and the service provider. The plan shall limit the maximum amount of savings that is the basis for receipt of matching funds to no more than $500.00 per saver per calendar year and $1,000.00 per family per calendar year, and to no more than $2,000.00 per lifetime of the saver and $4,000.00 per lifetime of members of a family. (5) “Education” means a postsecondary program of instruction approved by the service provider and provided by a college, university, community college, area vocational technical school, professional institution, or specialized college or school legally authorized to grant degrees. The term also means any job training or related educational program approved by the service provider. (6) “Eligible uses” means education, training that leads to employment, the purchase or improvement of a home, the purchase or repair of a vehicle necessary to participate in an employment-related activity, or participation in or development of an entrepreneurial activity. (7) “Entrepreneurial activity” means the purchase of or investment in a for-profit venture in which the saver will be a principal. (8) “Financial institution” means any insured federal or State chartered bank, bank and trust company, savings bank, savings and loan association, trust company, or credit union, approved by the service provider for the establishment of an individual development savings account. (9) “Fund” means the Vermont Matched Savings Grant Special Fund established by this section. (10) “Minimum savings amount” means the minimum amount of the saver’s earnings established in the approved savings plan that the saver must deposit in order to be eligible for matching funds. (11) “Program” means the Vermont Matched Savings Program established by this section. (12) “Public assistance” means financial assistance provided by the Reach Up program or a separate State program established under the authority of section 1121 of this title. (13) “Saver” means an individual who is 18 years of age or older, or who is under 18 years of age if the account is held in the name of a parent or caretaker of the saver, or a family group: (A) who resides in this State; (B) who has applied for and been enrolled in the individual development savings program; (C) whose household income at the time of application is within the applicable financial eligible standards: (i) to receive public assistance; (ii) to claim the federal earned income credit, without regard to any age limitation; or (iii) to participate in a federal savings program administered pursuant to this section; and (D) whose net worth as of the calendar year preceding the determination of eligibility does not exceed $10,000.00, excluding the primary dwelling unit, one motor vehicle owned by members of the saver’s family in a one-parent family or two motor vehicles owned by members of the saver’s family in a two-parent family, and the tools of saver’s trade that do not exceed $10,000.00 in value and that are necessary to continue or seek employment. (14) “Service provider” means a nonprofit organization approved by the Agency that encourages and assists local community-based human service development, and that is an organization described in Section 501(c)(3) of the Internal Revenue Code of the United States that is exempt from taxation under Section 501(a) of such Code. (b) The Agency shall establish by rule standards and procedures to implement and administer the Vermont Matched Savings Program. The Program may include a program with eligibility criteria that satisfy federal funding requirements or the requirements of other funding sources that are more restrictive than those established in subsection (a) of this section, and a program funded by State appropriations and other revenue. Such standards and procedures shall include the following: (1) An applicant shall apply to a service provider for a determination of eligibility for enrollment in the Program. The service provider shall develop an approved savings plan with each saver who has been determined eligible and enrolled in the Program. The approved savings plan shall specify a minimum savings amount to be saved and the frequency of deposits to be made by the saver to the savings account during the duration of the plan. The application and plan shall be prepared on forms provided and approved by the service provider. (2) The enrolled saver shall complete a financial management training program approved by the Agency and provided by or through the service provider. (3) An enrolled saver shall open an account in a financial institution that has been approved by the service provider as a depository for the saver’s contributions. The saver and the service provider shall jointly own the account, including interest earned, jointly, with the saver as primary owner. (4) An enrolled saver with an approved plan and account monitored by a service provider shall comply with the requirements of the plan for at least one year, but no more than five years, in order to be eligible for matching fund grants. (5) In order to obtain matching funds, the saver shall present evidence satisfactory to the service provider that the amount to be withdrawn will be expended only for an eligible use. A withdrawal from an account for an eligible use shall be made payable to the person who provides the eligible use. The Agency, or the Vermont Student Assistance Corporation pursuant to 16 V.S.A. § 2878a, shall pay matching funds to the person that provides the eligible use. Matching funds shall not be paid to the saver. (6) The service provider may terminate an approved savings plan for a saver who fails to meet the savings goals set out in the approved plan or who withdraws from the Program, in accordance with standards and procedures established by rule by the Agency. Any funds contributed by the saver shall revert to the sole ownership of the saver, to be used by the saver for any purpose. Funds in accounts created pursuant to a Vermont Higher Education Savings Plan shall be subject to the provisions of the Plan’s participation agreement. (7) The Agency shall monitor Program participation, and shall limit additional Program participation when the funds appropriated to carry out the purposes of this section are not sufficient to support additional approved savings plans. (8) The Agency shall establish by rule any other standards and procedures necessary or desirable to implement the Vermont Matched Savings Program, including minimum requirements for approval of savings plans, criteria for training and counseling, reporting requirements for participating financial institutions, and matching fund allocation standards. (c)(1) The Vermont Matched Savings Grant Special Fund is established in the State Treasury and shall be administered in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund shall be retained in the Fund. Into the Fund shall be deposited proceeds from grants, donations, contributions, appropriations, and other revenue authorized by law. The Fund shall be used only for the purpose of providing matching funds for the Vermont Matched Savings Program as established in this section, and to provide grants to service providers for administrative expenses of administering the Program. (2) The Agency may make grants from the Vermont Matched Savings Grant Special Fund to service providers to provide the match for approved savings plans with enrolled savers. The amount and number of grants shall be calculated quarterly by the Agency based on the number of savers and the amounts included in their approved plans administered by each service provider so that payment of the maximum match is ensured for all savers for the period for the approved savings plans without exceeding the balance in the Fund. The Agency may award grants from the Fund to service providers to cover their expenses of training and counseling savers and to implement and administer the Vermont Matched Savings Program. The Agency may approve the use of interest earnings on grant funds as a portion of approved administrative costs. (3) The Agency and service providers, separately or cooperatively, may solicit grants and private contributions for the Vermont Matched Savings Grant Special Fund. (d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section to the contrary: (1) a saver may open an account under this section as a Vermont Higher Education Savings Plan Account under 16 V.S.A. chapter 87, subchapter 7; (2) the duration of the saver’s ownership of a Vermont Higher Education Savings Plan Account shall not be subject to any limitation of time, except as provided in 16 V.S.A. chapter 87, subchapter 7; and (3) the saver’s ownership of a Vermont Higher Education Savings Plan Account shall not be included in the saver’s income or resources for purposes of the saver’s eligibility for TANF or SSI funds or services. Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2001, No. 11, § 59, eff. April 25, 2001; 2018, No. 11 (Sp. Sess.), § E.325.1; 2019, No. 154 (Adj. Sess.), § E.323.1, eff. Oct. 2, 2020.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/33/011Fetched: 10/21/2026