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TITLE Vll: SOCIAL AND HUMAN SERVICES
CHAPTER 1 VETERAN’S ASSISTANCE PROGRAM
7-1-1 Purpose
7-1-2 Categories
7-1-3 Definitions
7-1-4 Application Requirements
7-1-5 Form
7-1-6 Eligibility of Indigent Veterans
7-1-7 Level of Benefits
7-1-8 Requirements for Receiving Relief by a
Needy Veteran
7-1-9 Assistance of an Extended Nature
7-1-10 Application for Assistance
7-1-11 Initial Determination
7-1-12 Appeal
7-1-13 Appeal Hearing
7-1-14 Action of the Commission and Board
7-1-1 PURPOSE. An Ordinance prescribing the Veterans Assistance Program in Lee
County, Iowa.
7-1-2 Categories. There shall be two (2) categories
of veterans assistance in Lee County, Iowa.
They are:
1. Emergency
assistance for indigent veterans.
2. Assistance of an
extended nature.
7-1-3 Definitions. For use in this Ordinance, certain
terms or works used herein shall be interpreted or defined as follows:
1. "Veteran"
means a resident of this state who served in the armed forces of the United
States at any time during the following dates and who was discharged under
honorable conditions:
a. World Ward I -
April 6, 1917, through November 11, 1918.
b. Occupation of
Germany from November 12, 1918, through July 11, 1923.
c. American
expeditionary forces in Siberia from November 12, 1918, through April 30,
1920.
d. Second Haitian
suppression of insurrections from 1919 through 1920.
e. Second Nicaragua
campaign with marines or navy in Nicaragua or on combatant ships from 1926
through 1933.
f. Yangtze service
with navy and marines in Shanghai or in the Yangtze valley from 1926 through
1927 and 1930 through 1932.
g. China service
with navy and marines from 1937 through 1939.
h. World War II
from December 7, 1941, through December 31, 1946.
i. Korean Conflict
from June 25, 1950, through January 31, 1955.
j. Vietnam Conflict
from February 28, 1961, through May 7, 1975.
k. Lebanon or
Grenada service from August 24, 1982, through July 31, 1984.
l. Panama service
from December 20, 1989, through January 31, 1990.
m. Persian Gulf
Conflict from August 2, 1990, through the date that the President or Congress
of the United States declares a cessation of hostilities. However, if the United States Congress
enacts a date different from August 2, 1990, as the beginning of the Persian
Gulf Conflict for purposes of determining whether a veteran is entitled to
receive military benefits as a veteran of the Persian Gulf Conflict, that
date shall be substituted for August 2, 1990.
n. Such other armed
conflict or hostility as declared by the General Assembly of the State of
Iowa to entitle veterans to eligibility to serve on County Commissions and
Veterans Affairs, receive veterans benefits and to be eligible for property
tax military exemption credit; during the dates as fixed by the legislature
of the State of Iowa.
2. “Veteran” includes
the following persons:
a.
Former members of the reserve forces of
the United States who served at least twenty years in the reserve forces
after January 28, 1973, and who were discharged under honorable
conditions. However, a member of the reserve
forces of the United States who completed a minimum aggregate of ninety days
of active federal service, other than training, and was discharged under
honorable conditions, or was retired under Title X of the United States Code
shall be included as a veteran.
b.
Former members of the Iowa National Guard
who served at least twenty years in the Iowa National guard after January 28,
1973, and who were discharged under honorable conditions. However, a member of the Iowa National
Guard who was activated for federal duty, other than training, for a minimum
aggregate of ninety days, and was discharged under honorable conditions or
was retired under Title X of the United States Code shall be included as a
veteran.
c.
Former members of the active, oceangoing
merchant marines who served during World War II at any time between December
7, 1941, and December 31, 1946, both dates inclusive, who were discharged
under honorable conditions.
d.
Former members of the women’s air force
service pilot and other persons who have been conferred veterans status based
on their civilian duties during World War II in accordance with federal Pub.
L. No. 95-202, 38 U.S.C. }106.
3.
"Indigent Veteran" is a veteran
or the family unit of that veteran who is domiciled in Lee County, Iowa, who
has some means but who, because of circumstances, needs immediate assistance.
4.
"Assistance" means food, rent,
shelter, clothing, transportation, emergency telephone service, fuel, lights,
and medical attention. Food does not
include cigarettes or alcoholic beverages but does include laundry soap,
household cleaners, and other items of non-food nature used for personal
hygiene. "Assistance" also
includes provisions of any of the above items or assistance by the Commission
through the offering of residence at a care facility. "Assistance" may also include
the burial of indigent veterans, in an amount established by the Board of
Supervisors.
5.
"Net Worth" includes income or
monies from any source, monies due, savings, and other deposits, stocks,
bonds, real estate (other than homestead), cash value of life insurance
policies, and the value of other real and personal property, subject to
certain exclusions as set forth herein.
5. "Family
Unit" means the individual veteran applying and all members of the
immediate family only, including spouse and minor children not over eighteen
(18) years of age who are dependent upon the veteran for food, care and
shelter and who resides with the veteran as a family unit member. In case the veteran is deceased,
"family unit" shall mean the veteran's surviving spouse who has not
remarried, and all members of the immediate family including minor children
of the deceased veteran not over eighteen (18) years of age and are dependent
upon the surviving spouse for food, care and shelter and who resides with the
surviving spouse as a family unit member.
6. "Liquid
Assets" means cash on hand of the veteran and members of the family
unit.
7. "Awaiting
Approval and Receipt" means an indigent veteran who has applied for
assistance under any state or federal law; who has pursued that application
with due diligence; and who has not had that application denied.
8. The use of the
term "Commission" shall mean the Lee County Commission or Veterans
Affairs and/or its Director.
7-1-4 Application
Requirements. In applying for
benefits, the veteran must submit to the commission with the application, the
following:
1. DD Form 2l4 -
"Report or Separation from the Armed Forces". (Request that the veteran have his or her
discharge recorded in the County Recorder's Office when requesting benefits.
2. Certificate of
Marriage, if applicable.
3. Child or
children's birth certificate(s), if applicable and for those under eighteen
years of age.
4. Social Security
card.
In lieu of a Certificate
of Marriage, childrens' birth certificate(s) and a Social Security card, the
veteran may provide a copy of his or her latest federal income tax return
showing the same information.
However, when application is made by a surviving spouse, a Certificate
of Marriage must be submitted with birth certificates of any minor children
claimed as the veteran's.
7-1-5 Form. The assistance shall be purchased
directly from the supplier for the applicant or the family unit. It may be one or more of the items of
assistance that can be provided.
7-1-6 Eligibility
of Indigent Veterans.
1. Emergency
assistance is to be provided an indigent veteran who is in need of immediate
assistance, cannot obtain sufficient assistance from any other source, and
whose income or benefits from a state or federal program has been delayed or
not actually received by the person because of reasons not attributable to
that person and who does not have liquid assets of the family unit from which
to pay for the items of assistance that can be provided.
2. Assistance may
be granted to veterans who are eligible for, and are awaiting approval and
receipts of, benefits under programs provided by state or federal laws, or
whose actual needs, as defined within the limitations imposed by this
ordinance, cannot be fully met by the assistance furnished under such
programs.
7-1-7 Level
of Benefits. The maximum level
of benefits to be provided for each item of assistance for each veteran or
that veteran's family unit shall be:
1. Food, if food
stamps have not been received, at the level of guidelines for food stamps;
2. Rent and
shelter, the reasonable rental value with a maximum established by the
Commission.
3. Clothing, the
reasonable value of clothing actually needed if not immediately available
from other sources;
4. Heat, light, and
water, the amount needed to provided these services and supplies on a current
only basis;
5. Medical, dental
services, and prescriptions, the reasonable value of these services actually
needed as shown by a statement from a physician, dentist, or optician if not
available from other sources;
6. Transportation
expenses, including gasoline, as needed to obtain other benefits or seek
employment, provided that proof of application for benefits or employment is
provided to the Commission;
7. If a veteran
lives in a rural area and the nearest neighbor is too distant to reach in
event of emergency, or has a medical necessity, the monthly cost of one
telephone is to be allowed. Long
distance telephone charges for other than medical emergencies shall not be
allowed or provided.
The total amount for all
of the items of assistance needed, at any one time, shall be determined, and
there shall be deducted the amount of liquid assets the veteran or the family
unit have unavailable and the balance remaining is the amount of assistance
the indigent veteran is to receive.
7-1-8 Requirements
for Receiving Relief by a Needy Veteran.
An indigent veteran, who is physically able and is not needed
in the home to care for minor children, shall immediately register for
employment with Iowa Workforce Development and otherwise actively seek
employment. The indigent veteran
shall seek and accept any reasonable employment whether or not it is suitable
employment under the guidelines of Iowa Workforce Development. A refusal or failure to actively seek
employment or refusal or failure to accept reasonable employment offered
shall disqualify the indigent veteran from receiving future benefits. The indigent veteran may be required to
provide reasonable proof that employment is being actively sought. Any willful, false statement or
representation or, intentional failure to disclose relevant information made
in support of an application to receive benefits, or to continue benefits shall
disqualify an individual from receiving benefits.
A disqualification under
this Section will be a complete disqualification from emergency benefits and
for extended assistance for a period of twelve months following the incident
or occurrence which gave rise to disqualification.
This amendment shall
become effective after its timely passage, approval and publication as
provided by law and, shall apply to all claims made on or after its effective
date.
7-1-9 Assistance
of an Extended Nature. It is contemplated
that items or assistance to be provided to indigent veterans or their family
unit will not, during any one consecutive period of time, exceed ninety (90)
days. If it appears that items of
assistance should be provided continuously beyond this ninety (90) day
period, they will be provided by placement in the County Care Facility, if
available, unless it is determined by the Commission that it is better for
the family unit or the indigent veteran to continue to receive items or
assistance on a month-month basis.
7-1-10 Application
for Assistance. Applications
for assistance shall be submitted by indigent veterans to the Commission at
the Lee County Commission Office in Fort Madison or Keokuk, Iowa, during
usual business hours upon forms provided by the Commission. If, because of undue hardship, an indigent
veteran cannot come to the Commission Office, the Commission shall mail such
veteran an application form or deliver to such veteran the application. If the applicant or the family unit is or appear
to be eligible for assistance from any other federal, state, or local source,
the Commission shall immediately refer the applicant to that source. It shall be the obligation of the
applicant to immediately make application to that source and pursue such
application with due diligence as a condition to be eligible for further
relief under this Ordinance. It is
the obligation of each veteran applying to establish eligibility for any
category of veterans assistance and need for any item of assistance. If requested, the veteran applying shall
provide the Commission with a verified statement of net worth, federal and
state income tax returns for the past five (5) years, medical reports,
medical authorization, anything else requested by the Commission that bears
upon the veterans eligibility and need for assistance. The Commission may also require, upon
approval of the Board, that the applicant submit to a physical or mental
examination to determine applicant's capacity to labor. The Commission shall also receive anything
that the veteran applying desires to submit to establish his or her
eligibility or need to include statements or letters, medical reports, and
other written documents as well as the verbal statements of the applicant. The Commission shall then proceed to
conduct a reasonable investigation concerning the applicant's eligibility and
needs. The applicant's file and the
investigation and findings of the Commission shall be made available to the
applicant, upon request, or to the applicant's attorney by written
authorization.
7-1-11 Initial
Determination.
1. The Director
shall make an initial determination within two (2) working days of
application, using the guidelines as set by the Commission. The applicant may be notified orally or in
writing, at the discretion of the Director, and should be notified as soon as
possible after the determination is made.
Subject only to the applicant's right of appeal. The determination will be final upon
approval by the Commission.
2. If the applicant
is dissatisfied with the determination of the director, the applicant may
appeal to the Commission. If the
Commission is not scheduled to meet within fifteen (15) days of the date of
the determination by the Director the applicant may appeal directly to the
Board of Supervisors. Additionally,
if the applicant is not satisfied with the determination of the Commission,
the applicant may appeal directly to the Board of Supervisors as described in
7-1-12.
3. If any applicant
has been previously found eligible, the Commission need not receive a new
application, but may proceed to a determination of whether or not current
relief is warranted. Notice and
mailing of such determination shall be as provided above. If any emergency and immediate need is
present, the Commission may verbally authorize a supplier or vendor to
furnish any item of assistance for the benefit of the applicant and the
amount allowed of such benefit. The
Commission shall inform the applicant and issue a decision as provided
above. Whenever an applicant is found
eligible and entitled to assistance, the Commission shall proceed to provide
the same and notify the Board of Supervisors.
7-1-12 Appeal.
1. Every applicant,
whether relief is denied in whole or in part, shall be informed in the
Commission's written decision of the applicant's right to appeal from such
decision. The applicant shall be
informed of the method and time by which an appeal may be taken. Any written appeal or communication to the
Commission or to the Director, by or on behalf of an applicant requesting
appeal shall be accepted by the Commission or the Director. This appeal must be made within ten (10)
days of the date of the decision, provided applicant's current address and
telephone number, and state the reasons for the appeal. The applicant shall be informed
immediately by telephone and by ordinary mail of the time and date of the
hearing on appeal. Applicant and his
or her attorney, upon written authorization, should be granted access by the
Commission to his or her case file if requested.
2. If the Director
made the decision from which the appeal is taken, the appeal shall be to the
Commission itself. An agenda for the
appeal before the Commission shall be made and posted as required by Chapter
21, Code of Iowa. The appeal shall be heard before the Commission at its
regular monthly meeting provided that the appeal shall not be heard sooner
than five (5) days after appeal has been taken. If the Commission's regular monthly meeting is scheduled more
than ten days beyond the date appeal is taken, the Commission shall meet
specially for the appeal between the fifth and tenth day after the appeal is
filed. Any appeal taken before the
Commission at a regular special meeting shall be closed pursuant to Iowa Code
Section 21(a) Code of Iowa, because the identity and particulars of the care
are confidential under Section 35B.10 and 35B.12, Code of Iowa
3. If the
Commission made the original decision from which the appeal is taken or if
further appeal is taken from the Commission's decision on appeal, it shall be
to the Board of Supervisors. The
appeal shall be noted on the Board of Supervisor's Agenda in accordance with
Chapter 21, Code of Iowa for the next regular board meeting, provided that
such appeal shall not be heard sooner than five (5) days after appeal is
taken. Any appeal before the board
shall be closed pursuant to Section 21(a), Code of Iowa because the identity and particulars of
the case are confidential under Section 35B.10 and 35B.12, Code of Iowa.
7-1-13 Appeal
Hearing.
1. Applicant's
appeal shall be heard 'de novo' at the time schedule in the agenda unless
continuance is requested by the applicant.
Applicant shall be permitted to present whatever evidence desired in
support of the appeal, including testimony, having other witnesses testify,
offering documentary evidence and reasonable cross examination of other
witnesses, if present. The technical
rules or evidence shall not apply.
The Commission or Board may set reasonable times for the presentation
of the parties at any appeal. The
applicant's file shall be admitted into evidence. The Commission or Board may question the applicant. On an appeal before the Board the
Commission shall present the Board with the reasons for its
determination. The appeal will be tape
recorded. When the Commission or
Board deliberates on the appeal, no parties shall be present.
2. The Commission
or Board shall make a decision on the appeal within five (5) working
days. The decision shall be only on
the basis of the evidence submitted.
The applicant shall be informed immediately by telephone of the
decision and within four (4) working days thereafter, the applicant shall be
mailed at his or her last known address, the decision in writing. The decision shall state the reasons for
action, together with any statute or Ordinance applied.
7-1-14 Actions
of the Commission and Board. In
the event the Commission, in reviewing the actions of the Director, or the
Board in reviewing the actions of the Commission, questions any allowance of assistance
benefits, it shall not take action concerning such allowance until it
conducts a hearing. This hearing, the
reasons for it, and notification to the applicant shall be given in the same
manner as if the applicant has taken an appeal. This hearing shall proceed in the same manner as appeal from
the Director to the Commission.
Published March 8, 1985
First amendment published September 5, 1986
Second amendment published December 9, 1988
Third amendment published July 1, 1991
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