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WIAPL 08-11.2 (Determination of Dependent Status for WIA Applicants to the WIA Youth and Adult Programs)
Workforce Investment Act Policy Letter No. 08-11.2
May 26, 2011
TO: WIA Local Workforce Investment Boards (WIBs), Fiscal Agents, Administrative Entities, and One-Stop Operators
FROM: James A. Leftwich, Director Michael B. Colbert, Director
SUBJECT: Determination of Dependent Status for Workforce Investment Act (WIA) Applicants to the WIA Youth and Adult Programs

I.Purpose

To outline the process for determining if an applicant or member of a family is dependent on, or independent of, his/her parent(s) or guardian(s).

II.Effective Date

Immediately

III.Background

This policy is intended to help avoid uncertainty and/or inconsistency in making eligibility decisions regarding family size and the inclusion of income when relevant for all appropriate members of the applicant's family. The support provided by parents or guardians must be carefully considered when determining eligibility for WIA adult and youth program services. The definition of dependent is being expanded to include young adults, ages 18-23, as well as youth applicants and participants.

IV.Requirements

Effective with the date of this issuance, the determination of dependent status is required for all individuals as indicated below:

WIA Youth Program

Dependent status must be documented for WIA Youth applicants, ages 14-21, who are low income, as defined in WIA Section 101 (25)(B):

  • Received an income, or is a member of a family for the 6-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, cash public assistance, and old-age survivors benefits that, in relation to family size); and
  • Does not exceed the higher of the poverty line, for an equivalent period or 70% of the lower living standard income level for an equivalent period.

WIA Adult program

Dependent status must be documented for all WIA adults, ages 18-23, who are applying for WIA adult-funded ITAs.

The determination of dependent status is driven by the following factors:

  • The amount of support provided to the applicant by his/her parent(s) or guardian(s); and

The applicant's:

  • Age
  • Marital status
  • Dependents (biological/adopted children, disabled adults, and others dependent on the applicant for more than 50% of their support*); and
  • Veteran status

A.Definitions

Dependent - as defined by the State of Ohio, ODJFS, Office of Workforce Development Glossary.

Applicants who fall in any one of the following categories shall be considered a dependent for eligibility purposes:

  • Under 18 years of age
  • Age 18-23 and parent(s) or guardian(s) pay(s) for more than 50% of the applicant's support*
  • An individual under 18 years of age is always considered to be a dependent child, unless the youth is not living with parents or guardians and is not receiving support* from them.

Independent - applicants who fall into any one of the categories below are considered to be "independent:"

  • Individuals, age 18-23, providing more than 50% of their own support*
  • Age 24 or older
  • Married (If separated but not divorced, applicant is legally married)
  • Has children that receive more than half of their support* from the applicant
  • Has dependents other than a spouse or children who live with the applicant and receive more than half of their support from the applicant
  • Lives in own residence or in a residence without financial or other support from parents or guardians
  • Is on active duty in the U.S. armed forces for purposes other than training
  • A veteran of the U.S. armed forces

*Support as it relates to dependent includes financial assistance from parents or guardians to help pay for food, clothing, shelter, utilities, education, medical and dental care, recreation, transportation, and any other living expenses; as well as any government-provided cash public assistance and food assistance.

Special Circumstances

The issue of guardianship concerning dependent children may be determined by decree of court, or may be determined by a state or federal agency that has established or assumed guardianship.

An individual under 18 years of age is always considered to be a dependent child, unless the youth is not living with parents or guardians and is not receiving support from them.

Family - as defined by WIA Section 101(15)

Two or more persons related by blood, marriage, or decree of court, who are living in a single residence, and are included in one or more of the following categories:

  • A husband, wife and dependent children
  • A parent(s) or guardian(s) and dependent children
  • A husband and wife

B.Documentation

Verification of dependent status and means of support* must be documented for those individuals described in this policy. Documentation of dependent status must include a checklist that incorporates, at a minimum, the categories listed in Section A. A sample dependent child checklist is maintained on the ODJFS Office of Workforce Development website.

Self-attestation may be accepted to document parental support when signed by parent or guardian.

C.Eligibility

As a reminder, youth ages 22 and over are not eligible for WIA formula funded youth programs as defined by WIA, regardless of dependent status.

V.Technical Assistance

For additional information, you may send your questions to the Office of Workforce Development: WIAQNA@JFS.OHIO.GOV.

VI.References

Workforce Investment Act of 1998, Public Law 105-220

Workforce Investment Act Final Rules, 20 CFR Part 652, et. al

ODJFS WIATL Number 27, Source Documentation Guide for WIA Eligibility

Rescission

WIAPL 8-11.1