Section 441.40.21. Definitions.

“Applicant”   means a person for whom assistance is being requested, parent(s) living in the home with the child(ren), and the nonparental relative as defined in 441—subrule 41.22(3) who is requesting assistance for the child(ren).

“Assistance unit”   includes any person whose income is considered when determining eligibility or the family investment program grant amount.

“Casino, gambling casino, or gaming establishment”   means an establishment with a primary purpose of accommodating the wagering of money. It does not include:

            1.      A grocery store which sells groceries including staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities; or

            2.      Any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business.

An automated teller machine (ATM) or a point-of-sale (POS) terminal located within those areas of an establishment where individuals are banned due to age restrictions associated with gambling, established by state or federal law or by any other regulatory entity having the authority to do so, is considered to be in a casino, gambling casino, or gaming establishment.

“Central office”   shall mean the state administrative office of the department of human services.

“Change in income”   means a permanent change in hours worked or rate of pay, any change in the amount of unearned income, or the beginning or ending of any income.

“Department”   shall mean the Iowa department of human services.

“Dependent”   means an individual who can be claimed by another individual as a dependent for federal income tax purposes.

“Dependent child”    or   “dependent children”    means a child or children who meet the nonfinancial eligibility requirements of the family investment program.

“Electronic benefit transfer transaction”   means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.

“Income in kind”   is any gain or benefit which is not in the form of money payable directly to the eligible group including nonmonetary or in-kind benefits, such as meals, clothing, and vendor payments. Vendor payments are money payments which are paid to a third party and not to the eligible group.

“Initial two months”   means the first two consecutive months for which assistance is paid. This may include a month for which a partial payment is made.

“Liquor store”   means any retail establishment which sells exclusively or primarily intoxicating liquor or other alcoholic beverages. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of Section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r))).

Unless exempt as described in this definition, a retail establishment meets the definition of a liquor store when it has a North American Industry Classification System (NAICS) number that categorizes the retail establishment as either a beer, wine and liquor store or as a drinking place (alcoholic beverages). A retail establishment that does not have either type of NAICS code is considered to exclusively or primarily sell intoxicating liquor when 95 percent or more of the retail establishment’s gross sales are from intoxicating liquor and it is not a United States Department of Agriculture-certified Supplemental Nutrition Assistance Program (SNAP) retailer.

Whenever “medical institution” is used in this title, it shall mean a facility which is organized to provide medical care, including nursing and convalescent care, in accordance with accepted standards as authorized by state law and as evidenced by the facility’s license. A medical institution may be public or private. Medical institutions include the following:

            1.      Hospitals

            2.      Extended care facilities (skilled nursing)

            3.      Intermediate care facilities

            4.      Mental health institutions

            5.      Hospital schools

“Needy specified relative”   means a nonparental specified relative, listed in 441—subrule 41.22(3), who meets all the eligibility requirements to be included in the family investment program.

“Parent”   means a legally recognized parent, including an adoptive parent, or a biological father if there is no legally recognized father.

“Payment month”   means the calendar month for which assistance is paid.

“Payment standard”   means the total needs of a group as determined by adding need according to the schedule of basic needs, described in 441—subrule 41.28(2), to any allowable special needs, described in 441—subrule 41.28(3).

“Promoting independence and self-sufficiency through employment, job opportunities, and basic skills (PROMISE JOBS) program”   means the department’s work and training program as described in 441—Chapter 93.

“Prospective budgeting”   means the determination of eligibility and the amount of assistance for a calendar month based on the best estimate of income and circumstances which will exist in that calendar month.

“Qualified alien”   means an alien:

            1.      Who is lawfully admitted for permanent residence in the United States under the Immigration and Nationality Act (INA);

            2.      Who is granted asylum in the United States under Section 208 of the INA;

            3.      Who is a refugee admitted to the United States under Section 207 of the INA;

            4.      Who is paroled into the United States under Section 212(d)(5) of the INA for a period of at least one year;

            5.      Whose deportation from the United States is withheld under Section 243(h) of the INA as in effect before April 1, 1997, or under Section 241(b)(3) of the INA as amended to December 20, 2010;

            6.      Who is granted conditional entry to the United States pursuant to Section 203(a)(7) of the INA as in effect before April 1, 1980;

            7.      Who is admitted to the United States as an Amerasian as described in 8 U.S.C. Section 1612(b)(2)(A)(ii)(V);

            8.      Who is a Cuban/Haitian entrant to the United States as described in 8 U.S.C. Section 1641(b)(7);

            9.      Who is a battered alien as described in 8 U.S.C. Section 1641(c); or

            10.     Who is certified as a victim of trafficking as described in Section 107(b)(1)(A) of Public Law 106-386 as amended to December 20, 2010.

“Qualifying quarters”   means all of the qualifying quarters of coverage as defined under Title II of the Social Security Act that were worked by a parent of an alien while the alien was under the age of 18 and all of the qualifying quarters that were worked by a spouse of the alien during their marriage if the alien remains married to the spouse or the spouse is deceased. No qualifying quarter of coverage that is creditable under Title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien if the parent or spouse of the alien received any federal means-tested public benefit during the period for which the qualifying quarter is so credited.

“Recipient”   means a person for whom assistance is paid, parent(s) living in the home with the eligible child(ren) and nonparental relative as defined in 441—subrule 41.22(3) who is receiving assistance for the child(ren). Unless otherwise specified, a person is not a recipient for any month in which the assistance issued for that person is subject to recoupment because the person was ineligible.

“Retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment”   means an establishment that includes live entertainment at locations such as, but not limited to, strip clubs and gentleman’s clubs. It also includes stores and theaters that exclusively or primarily sell or feature adult-oriented videos and movies such as, but not limited to, adult book stores and adult movie theaters. A retail establishment meets this definition when the department has confirmed the primary nature of the business through the description on the business’s Web site, phone contact with the establishment, a site visit, or other means such as common local knowledge.

“Standard of need”   means the total needs of a group as determined by adding need according to the schedule of living costs, described in 441—subrule 41.28(2), to any allowable special needs, described in 441—subrule 41.28(3).

“Stepparent”   means a person who is not the parent of the dependent child, but is the legal spouse of the dependent child’s parent, by ceremonial or common-law marriage.

“Unborn child”   shall include an unborn child during the entire term of the pregnancy.

This rule is intended to implement Iowa Code sections 239B.3, 239B.5, and 239B.6.

[ ARC 9439B , IAB 4/6/11, effective 6/1/11;    ARC 2812C , IAB 11/9/16, effective 1/1/17]