PURPOSE: This rule defines certain requirements in determining eligibility for General Relief.

1. (1) General Relief (GR) shall not be granted to any claimant who is employable. If certain specified relatives living in the household of the claimant are employed and have income sufficient to support themselves and their legal dependents, as determined by comparing their gross income against the poverty level (non-farm) established by the United States Department of Commerce, any income in excess of the poverty level shall be used in determining eligibility and amount of grant for the GR claimant. Specified relatives shall be defined as mother and father of children age twenty-one (21) or over, sister, brother, son, daughter and grandparents of the claimant, as well as the spouses of these relatives if living in the home. The spouse of the claimant and the parents of claimants under twenty-one (21), if living in the home will have their income, resources and property included in determining eligibility and amount of grant for a GR claimant.

   1. (A) An employable person is defined as any person eighteen (18) years of age or older who is physically and mentally capable of employment or who is employed or who is not needed in the home to give care to a relative in the home.

   2. (B) Individuals in the following classifications are considered incapacitated or unemployable:

      1. 1. Persons prevented by physical handi-

caps or illness from performing occupations for which they are qualified for a period of ninety (90) days or longer;

1. 2. Diagnosed mental illness or mental

defects which prevent them from performing occupations for which they are qualified;

1. 3. Any person who is maintaining a

home for children under the age of eighteen (18) and is prevented from accepting employment due to the necessity of remaining at home to care for the children; and

1. 4. Any person who is needed at home to

care for a related invalid member of the household for whom no satisfactory alternative plan of care is available. Consideration should be given to alternative plans and assistance should be given to the family in making any feasible plans.

1. (C) An unemployable person who is gainfully employed shall not be eligible for GR. Gainful employment is considered as employment resulting in a net earned income of more than eighty dollars ($80) per month. (Original rule filed Dec. 2, 1971, effective Dec. 12, 1971. Amended: Nov. 22, 1972, effective Dec. 2, 1972. Amended: March 1, 1973, effective March 10, 1973. Amended: Feb. 6, 1975, effective Feb. 16, 1975.)

1. (2) Application may be received for GR as a result of fire, flood, illness, eviction, quarantine, and the like in which needs of short duration may arise as a result of the inability of persons who normally are employable to either work or look for work until the emergency situation is over. If this condition is found to exist, the family may be considered unemployable for the actual period during which no member can work or seek work. Emergency aid of this type will be granted only after approval by the county director or supervisor. (Original rule filed Feb. 20, 13 CSR 40-2

1947, effective March 2, 1947.)

AUTHORITY: section 207.020, RSMo 1986.* Filing dates for original rules are shown in the text of the rule. This version filed March 24, 1976. Emergency amendment filed Feb. 20, 1979, effective March 2, 1979, expired June 10, 1979. Amended: Filed March 9, 1979, effective June 11, 1979. Emergency amendment filed June 22, 1981, effective July 2, 1981, expired Oct. 10, 1981. Amended: Filed June 22, 1981, effective Oct. 11, 1981. Amended: Filed Dec. 10, 1981, effective March 11, 1982. Amended: Filed Aug. 2, 1985, effective Oct. 26, 1985. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986. Emily v. Missouri State Division of Family Services, 570 SW2d 783 (Mo. App. 1978). The transitory use by one relative (claimant) of the living quarters of another (her sister) does not itself render the claimant ineligible for general assistance, since no family support relationship is suggested and the sister cannot be viewed as a “resource” available to the claimant under section 208.010.1, RSMo.