19 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2006-010

 

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS MILITARY FAMILY RELIEF FUND

PROCEDURE FOR REVIEW OF APPLICATIONS AND DISBURSEMENT OF FUNDS

 

Filed with the Secretary Of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority of the Department of Military and Veterans Affairs by 2004 PA 363, MCL 35.1216; 1967 PA 281, MCL 206.438)

 

Draft February 8, 2006

R 200.20 of the Michigan Administrative Code is amended as follows: R 200.20 Determination of grant eligibility.

Rule 20. (1) All of the following factors are needed for an individual to qualify for a grant from the Michigan family relief fund:

(a)    The applicant must either be is a qualified individual or family.

(b)    The need for financial assistance either occurred during the time that the qualified individual served on active duty, or the need for financial assistance occurred because the individual has incurred a line-of-duty injury or illness.

(c)    There is a documented need for financial assistance for necessities of daily living that include, but are not limited to, any of the following:

(i)    Food.

(ii)    Clothing.

(iii)    Housing.

(iv)    Utilities.

(v)    Medical service or prescriptions.

(vi)    Insurance payments.

(vii)     Vehicle payments.

(viii)     Or other needs that are necessities of daily living.

(d)    The qualified individual or family has not received more than $2,000 in grants from the family relief fund in any 1 calendar year.

(e)    The qualified individual has served at least 30 days of active duty.

 

 

(f)    The qualified individual has suffered greater than 10% loss in pay incurred a significant increase in the necessities of daily living, suffered a loss of pay, or suffered a significant emergency that warrants financial assistance.

(2)  Military dependents must provide proof of military dependency to the department upon their initial application for a grant. The department may verify military dependency by obtaining a copy of the dependent’s military identification card through DEERS, SIDPERS, by contacting personnel managers at the department’s branch of service, or through any other reliable system or means of verification.

(3)  The applicant must provide proof that the qualified individual is a Michigan resident if the qualified individual is a member of a reserve component of the United States armed forces for units that are based outside of the state of Michigan. Proof of residency for military members may consist of information obtained through DEERS, SIDPERS, by contacting personnel managers at the department’s branch of service, or through any other reliable system or means of verification. Members of reserve components of the United States armed forces who were assigned to or who were based out of units located in Michigan are not required to prove residency.

(4)  Proof of active duty must consist of a copy of the orders issued by an authorized headquarters ordering the member to such duty, and documentation that such duty was actually performed.

(5)  The applicant must provide a copy of a payroll record from the member’s civilian employer that indicates the member’s monthly salary and a copy of a military payroll record that indicates the member’s monthly salary. The following applies to a demonstration of need:

(a)    The qualified individual must have suffered greater than a 10% loss of income as compared to that member’s civilian salary, and:

(i)    The applicant must provide proof that the qualified individual’s military salary (including basic allowance for housing (BAH), hazardous duty pay, separation allowance, jump pay, flight pay, professional pay, re-enlistment or extension bonuses, and basic allowance for sustenance (BAS)) has decreased by 10.1% or greater from the member’s civilian salary.

(ii)    Any tax benefits, prorations, or tax forgiveness by any taxing authority may not be considered in determining need.

(b)    The applicant must provide proof that the qualified individual or family member has incurred or is about to incur a specific monetary expense relating to clothing, food, housing, utilities, medical services, medical prescriptions, insurance payments, vehicle payments, or other needs that are necessities of daily living. Such proof may include, but is not limited to, a copy of a bill, invoice, estimate, cancellation notice, or any other similar record.

(6)  The applicant must indicate that the grant request is for the purpose identified in the application and that the grant funds must be used for the purposes requested.

(7)  If a custodial parent, guardian, or an individual appointed under a family care plan is applying for a grant on behalf of a qualified individual’s dependent, then the applicant must provide proof of that relationship at the time of application.

(8)   The following qualified individuals are ineligible to receive grants:

(a)    Personnel serving in active guard reserve (AGR) or similar full-time unit support programs unless called to Title 10 service.

(b)    Qualified individuals who, at any time before disbursement of funds pursuant to a grant application under this rule, receive a punitive discharge or an administrative discharge with service characterized as under other than honorable conditions or worse conditions discharge.