WAG 21-01-04-d.

If an applicant or client claims they cannot participate in work and training because they must care for someone with a medical condition who is not a related child under age 18 or spouse, refer the person who needs care to the Office of Rehabilitation Services (ORS) or the Department on Aging (DoA). Care of others includes persons such as related children age 18 and over, parents, grandparents, unrelated persons of any age, etc.

  • Refer the person who needs care to ORS if the person is under age 60 or has AIDS or a brain injury.
  • Refer the person who needs care to DoA if the person is age 60 or over and does not have AIDS or a brain injury.

Update the Responsibility and Services Plan (RSP) to include helping the person apply for services. Do not require the applicant or client to participate in work and training during the referral process, while ORS or DoA makes a decision.

Once ORS or DoA receives the referral, it takes about 2-3 weeks for the completion of a home visit to determine the level of care. The person must score 29 or higher on the Determination of Need evaluation to be eligible for services. They must also have less than $10,000 in assets if they are 18 or over. For children under 18, family assets must be under $30,000. For ORS, the person must apply for Medicaid (they do not have to be eligible).

ORS or DoA sends a written notice of approval or denial to the person who needs care. ORS or DoA handles appeals by the person who needs care that have to do with ORS or DoA-related policy and services. DHS handles appeals by the TANF client regarding changes to their RSP, budgeting of earnings, etc.

If the person who needs care is eligible for services, ORS provides funding to pay a personal assistant (PA) for providing the care. The PA is an employee of the person who needs care, but ORS handles the paperwork and issues the check to the PA, based on reports provided by the person who needs the care. PAs are paid about $7 an hour, up to the maximum number of hours in the ORS service plan.

If the person hires the TANF client as their PA, budget the payments as earned income. See PM 10-02-00 and WAG 10-02-00. If the client's PA work hours are not enough to stop the TANF clock, the client must also work at another part-time job or participate in work and training. If the person hires someone else as their PA, the TANF client must participate in work and training and look for a full-time job.

DoA arranges personal assistant services for eligible persons through contracted providers. The TANF client must then participate in work and training and look for a full-time job.

When you are notified of the ORS or DoA decision, update the client's RSP, as appropriate. If the client is not employed the required number of hours per week, engage them in work and training activities.