§ 576.401. Evaluation of program participant eligibility and needs.

613 words·~3 min read·/us/cfr/t24/s§ 576.401·

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(a)Evaluations. The recipient or its subrecipient must conduct an initial evaluation to determine the eligibility of each individual or family's eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the centralized or coordinated assessment requirements set forth under § 576.400(d) and the written standards established under § 576.400(e).

(b)Re-evaluations for homelessness prevention and rapid re-housing assistance.

(1)The recipient or subrecipient must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs not less than once every 3 months for program participants receiving homelessness prevention assistance, and not less than once annually for program participants receiving rapid re-housing assistance. At a minimum, each re-evaluation of eligibility must establish that:

(i)The program participant does not have an annual income that exceeds 30 percent of median family income for the area, as determined by HUD; and

(ii)The program participant lacks sufficient resources and support networks necessary to retain housing without ESG assistance.

(2)The recipient or subrecipient may require each program participant receiving homelessness prevention or rapid re-housing assistance to notify the recipient or subrecipient regarding changes in the program participant's income or other circumstances (e.g., changes in household composition) that affect the program participant's need for assistance under ESG. When notified of a relevant change, the recipient or subrecipient must re-evaluate the program participant's eligibility and the amount and types of assistance the program participant needs.

(c)Annual income. When determining the annual income of an individual or family, the recipient or subrecipient must use the standard for calculating annual income under 24 CFR 5.609.

(d)Connecting program participants to mainstream and other resources. The recipient and its subrecipients must assist each program participant, as needed, to obtain:

(1)Appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; and

(2)Other Federal, State, local, and private assistance available to assist the program participant in obtaining housing stability, including:

(i)Medicaid (42 CFR chapter IV, subchapter C):

(ii)Supplemental Nutrition Assistance Program (7 CFR parts 271-283);

(iii)Women, Infants and Children

(WIC)(7 CFR part 246);

(iv)Federal-State Unemployment Insurance Program (20 CFR parts 601-603, 606, 609, 614-617, 625, 640, 650);

(v)Social Security Disability Insurance

(SSDI)(20 CFR part 404);

(vi)Supplemental Security Income

(SSI)(20 CFR part 416);

(vii)Child and Adult Care Food Program (42 U.S.C. 1766(t) (7 CFR part 226));

(viii)Other assistance available under the programs listed in § 576.400(c).

(e)Housing stability case management.

(1)While providing homelessness prevention or rapid re-housing assistance to a program participant, the recipient or subrecipient must:

(i)Require the program participant to meet with a case manager not less than once per month to assist the program participant in ensuring long-term housing stability; and

(ii)Develop a plan to assist the program participant to retain permanent housing after the ESG assistance ends, taking into account all relevant considerations, such as the program participant's current or expected income and expenses; other public or private assistance for which the program participant will be eligible and likely to receive; and the relative affordability of available housing in the area.

(2)The recipient or subrecipient is exempt from the requirement under paragraph (e)(1)(i) of this section if the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits that recipient or subrecipient from making its shelter or housing conditional on the participant's acceptance of services.

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