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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER CELIGIBILITY FOR CHILD PROTECTIVE SERVICES
RULE §700.331Effect of SSI Eligibility on Foster Care Payments

(a) A child who receives Supplemental Security Income (SSI) benefits is eligible for state-paid foster care assistance, subject to offset as described in subsection (c) of this section and §700.330 of this title (relating to Billing and Payment for Foster Care Assistance).

(b) A foster care provider is eligible to receive state foster care payments for a child who is receiving SSI benefits only to the extent the cost of foster care exceeds the amount of the SSI benefits. Under no circumstances may a foster care provider receive a full foster care payment and the full SSI monthly benefit or any amount in excess of the applicable foster care reimbursement, as the foster care reimbursement is reduced dollar-for-dollar by SSI benefit amount.

(c) A child is not entitled to receive both SSI benefits and Title IV-E foster care assistance. However, the Department of Family and Protective Services may make a decision to suspend SSI benefits for children who are Title IV-E eligible, in order to maximize federal funding.


Source Note: The provisions of this §700.331 adopted to be February 12, 2012, 37 TexReg 711

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