Client Eligibility

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Client Eligibility

  1. 2. <ul><li>Income – Maximum Guidelines </li></ul><ul><ul><li>Boards of directors of LSC funded programs are responsible for adopting financial eligibility guidelines consistent with the federal regulations found at 45 C.F.R. 1611. </li></ul></ul><ul><ul><li>Only applicants who are determined to meet the financial eligibility criteria may receive LSC funded services </li></ul></ul><ul><ul><li>The maximum income guidelines may be no more than 125% of the Federal Poverty Guidelines. </li></ul></ul><ul><ul><li>Eligibility determinations are based on the household’s annual gross income </li></ul></ul><ul><ul><li>In establishing the income of an individual who is a victim of domestic violence, the income of the opposing party is not considered. </li></ul></ul>
  2. 3. Maximum Income Guidelines , effective April 18, 2011 Household Size Annual Income 1 $13,613 2 $18,388 3 $23,163 4 $27,938 5 $32,713 6 $37,488 7 $42,263 8 $47,038 Each additional hsld member $4,775
  3. 4. <ul><li>Income – Board approved exception guidelines </li></ul><ul><ul><li>The regulations allow for some exceptions to the maximum income guidelines. Examples of exceptions include: </li></ul></ul><ul><ul><ul><li>seasonal variations in income; </li></ul></ul></ul><ul><ul><ul><li>unreimbursed medical expenses; </li></ul></ul></ul><ul><ul><ul><li>fixed debts and obligations; </li></ul></ul></ul><ul><ul><ul><li>child care costs; </li></ul></ul></ul><ul><ul><ul><li>employment-related expenses; </li></ul></ul></ul><ul><ul><ul><li>expenses related to age or disability, </li></ul></ul></ul><ul><ul><ul><li>current taxes </li></ul></ul></ul>
  4. 5. <ul><li>The income exception guidelines may not exceed 200% of the Federal Poverty Level </li></ul><ul><ul><li>Iowa Legal Aid’s Board has adopted income exception guidelines that are different for households where everyone is under the age of 60 and households that have a member who is age 60 or older. </li></ul></ul><ul><ul><li>Higher guidelines were adopted for seniors because the Hotline already provided services to all people age 60 and over, regardless of their financial circumstances. By adjusting the guidelines, more senior households are LSC eligible and the volunteer lawyers projects can be utilized to provide services to these LSC eligible older Iowans. </li></ul></ul>
  5. 6. Board Authorized Exception Guidelines Household Size Annual Income Household Size (age 60 or older) Annual Income 1 $17,150 1 $20,420 2 $23,100 2 $27,380 3 $27,465 3 $27,465 4 $33,075 4 $33,075 5 $38,685 5 $38,685 6 $44,295 6 $44,295 7 $49,905 7 $49,905 8 $55,515 8 $55,515 Each addl hsld member $5,610 Each addl hsld member $5,610
  6. 7. <ul><li>To determine eligibility under the income exception guidelines, additional questions are asked to see if the household meets any of the exception criteria. The exception to eligibility must be approved by an Iowa Legal Aid Managing Attorney or designee. </li></ul><ul><li>It may be possible to provide services to clients who are not LSC eligible if funds are available from a source other than the national Legal Services Corporation (e.g. Area Agency on Aging, Low-Income Taxpayer Clinic). </li></ul>
  7. 8. <ul><li>Asset Guidelines </li></ul><ul><ul><li>Iowa Legal Aid’s asset guidelines allow an applicant’s household to have up to $5,000 in assets for one individual, plus $1,000 in assets for each additional member of the household. </li></ul></ul><ul><ul><li>Households which include an individual age 60 or older or a disabled individual are allowed an exclusion of $10,000 for the disabled individual or individual age 60 or older, plus an additional $1,000 for each additional member of the household. Only one person in a household is allowed the $10,000 exclusion. (e.g. A two-person household where both individuals are age 60 or older could have up to $11,000 in assets) </li></ul></ul><ul><ul><li>Certain assets such as a homestead, household goods and a motor vehicle are exempt and do not count toward the asset limits. </li></ul></ul>
  8. 9. <ul><li>LSC funded programs may provide legal assistance only to citizens of the United States and to non-citizens who meet certain criteria (e.g. those who are lawful permanent residents, married to a U.S. citizen or the parent of a U.S. citizen, refugees, victims of trafficking,and victims of abuse, among others). </li></ul><ul><li>A written attestation of citizenship is required before service is given in all cases except where advice is provided by phone or in emergencies. </li></ul>
  9. 10. <ul><li>Although t he regulations permit advice to be given to a prisoner, Iowa Legal Aid cannot participate in any litigation on behalf of a person incarcerated in a federal, state, or local prison. </li></ul><ul><li>The prohibited litigation includes not just prison condition lawsuits, but any lawsuit on behalf of an incarcerated person, including dissolutions of marriage and consumer matters. Assistance is permissible in administrative agency or other non-litigation matters. </li></ul>
  10. 11. <ul><li>There are several areas where assistance is prohibited or restricted </li></ul><ul><ul><li>Abortion Litigation </li></ul></ul><ul><ul><li>Redistricting </li></ul></ul><ul><ul><li>Desegregation </li></ul></ul><ul><ul><li>Selective Service Act </li></ul></ul><ul><ul><li>Criminal Cases </li></ul></ul><ul><ul><li>Class Actions </li></ul></ul><ul><ul><li>Assisted Suicide, Euthanasia and Mercy Killing </li></ul></ul><ul><ul><li>Welfare Reform </li></ul></ul><ul><ul><li>Certain Eviction Proceedings in Public Housing </li></ul></ul><ul><ul><li>Fee Generating Cases </li></ul></ul>
  11. 12. <ul><li>As a Board or Advisory Council member, you can do outreach and refer clients to the program.  </li></ul><ul><ul><li>Tell people to call our intake number 1-800-532-1275 during intake hours - Monday through Friday from 9:00 a.m. to 11:00 a.m. and from 1:30 p.m. to 3:30 p.m. </li></ul></ul><ul><ul><li>An intake worker will screen the applicant to determine his or her eligibility for services. </li></ul></ul>

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