C. Deprivation Due To Incapacity


Deprivation Due to Incapacity


Deprivation due to physical or mental incapacity of a parent must be deemed to exist when the parent of an otherwise eligible child has a physical or mental illness, defect, or impairment that reduces substantially, or eliminates the parent's ability to support or care for the child for a period which is expected to last at least 30 days.





Criteria for Incapacity

Deprivation exists if the incapacity:


·  Prevents the parent from working full time at a job in which he or she has customarily engaged; and from working full time on another job for which he or she is equipped by education, training or experience, or which can be learned by on-the-job training; or


·  Is the reason employers refuse to employ him or her for work the parent could do. This includes behavioral disorders which interfere with the securing and maintaining of employment; or


·  Prevents him or her from accomplishing as much on a job as a regular employee and is the reason the parent is paid on a reduced basis even though working full time; or


·  Qualifies the parent and he or she is employed in a job which is rehabilitative, therapeutic or in a sheltered workshop not considered to be a full-time job; or 


·  Reduces substantially or eliminates the parent’s ability to care for the child; or


·  The parent is currently eligible to OASDI, SSI/SSP (due to illness), Workers Compensation, or SDI benefits, which are based on the parent’s disability or blindness. 


Verification of Incapacity

There are three  acceptable types of incapacity verifications:


·  Disability payments;

·  Medical statements; or,

·  Temporary verbal statements.


Disability Payment

A written statement, award letter, or copy of benefit payment from the agency authorizing the disability payment is considered acceptable verification of incapacity based on disability.




When a written statement and/or form(s) are provided, the information must be Completed by a “licensed doctor or certified psychologist” and the information must be sufficient to substantiate the determination of incapacity.


To obtain medical information relating to pregnancy, special diet, etc., the Human Services Specialist (HSS) must check “Other” and describe what is needed.  The HSS will need to request that the provider attach the medical verification to the form.



A written medical statement must also include all of the following:


·  A diagnosis of the condition;

·  The duration of the condition;

·  Extent to which employment is limited or care for the child is reduced or eliminated;

·  The next medical appointment date (if applicable); and,

·  The name, address and phone number of the practitioner.



Where a written statement cannot be obtained without delay, for reasons beyond control of the applicant, a verbal statement from the physician, licensed or certified psychologist or an authorized staff member with access to the applicant's medical records verifying incapacity, may be accepted pending written verification up to a maximum of 60 days.




Receipt of Social Security or SSI/SSP because of age (65 years or older) does not establish deprivation under this basis. 


Review of Incapacity Status

Deprivation due to incapacity must be reestablished and a new verification required at the following times:


·  Annual re-determination when the duration of the incapacity is expected to last more that one year or is permanent; or,


·  Thirty days prior to the expiration date of the incapacity when the duration of the incapacity is less than one year; or,


·  Whenever there is a reason to believe that a change in incapacity status has occurred (i.e. review of the QR 7 may indicate the incapacitated parent is now employed).


Incapacity Not Established

When the verification provided does not meet the requirements of this section or the incapacity is expected to be for less than 30 days, incapacity deprivation does not exist.  When this situation occurs, the HSS must evaluate the case to determine if another basis of deprivation can be established.