45 C.F.R. Subpart D—Foster Grandparent Eligibility, Status and Cost Reimbursements
Title 45 - Public Welfare
(a) To be a Foster Grandparent an individual must: (1) Be 60 years of age or older; (2) Be determined by a physical examination to be capable, with or without reasonable accommodation, of serving children with exceptional or special needs without detriment to either himself/herself or the children served; (3) Agree to abide by all requirements as set forth in this part; and (4) In order to receive a stipend, have an income that is within the income eligibility guidelines specified in this subpart D. (b) Eligibility to be a Foster Grandparent shall not be restricted on the basis of formal education, experience, race, religion, color, national origin, sex, age, handicap, or political affiliation. (a) To be enrolled and receive a stipend, a Foster Grandparent cannot have an annual income from all sources, after deducting allowable medical expenses, which exceeds the program's income eligibility guideline for the state in which he or she resides. The income eligibility guideline for each state is the higher amount of either: (1) 125 percent of the poverty line as set forth in 42 U.S.C. 9902 (2); or (2) 135 percent of the poverty line, in those primary metropolitan statistical areas (PMSA), metropolitan statistical areas (MSA) and non-metropolitan counties identified by the Corporation as being higher in cost of living, as determined by application of the Volunteers in Service to America (VISTA) subsistence rates. In Alaska the guideline may be waived by the Corporation State Director if a project demonstrates that low-income individuals in that location are participating in the project. (b) For applicants to become stipended Foster Grandparents, annual income is projected for the following 12 months, based on income at the time of application. For serving stipended Foster Grandparents, annual income is counted for the past 12 months. Annual income includes the applicant or enrollee's income and that of his/her spouse, if the spouse lives in the same residence. Sponsors shall count the value of shelter, food, and clothing, if provided at no cost by persons related to the applicant, enrollee, or spouse. (c) Allowable medical expenses are annual out-of-pocket medical expenses for health insurance premiums, health care services, and medications provided to the applicant, enrollee, or spouse which were not and will not be paid by Medicare, Medicaid, other insurance, or other third party pay or, and which do not exceed 50 percent of the applicable income guideline. (d) Applicants whose income is not more than 100 percent of the poverty line shall be given special consideration for enrollment. (e) Once enrolled, a Foster Grandparent shall remain eligible to serve and to receive a stipend so long as his or her income, does not exceed the applicable income eligibility guideline by 20 percent. [64 FR 14126, Mar. 24, 1999, as amended at 67 FR 61000, Sept. 27, 2002; 69 FR 19775, Apr. 14, 2004] (a) For determining eligibility, “income” refers to total cash and in-kind receipts before taxes from all sources including: (1) Money, wages, and salaries before any deduction, but not including food or rent in lieu of wages; (2) Receipts from self-employment or from a farm or business after deductions for business or farm expenses; (3) Regular payments for public assistance, Social Security, Unemployment or Workers Compensation, strike benefits, training stipends, alimony, child support, and military family allotments, or other regular support from an absent family member or someone not living in the household; (4) Government employee pensions, private pensions, and regular insurance or annuity payments; and (5) Income from dividends, interest, net rents, royalties, or income from estates and trusts. (b) For eligibility purposes, income does not refer to the following money receipts: (1) Any assets drawn down as withdrawals from a bank, sale of property, house or car, tax refunds, gifts, one-time insurance payments or compensation from injury. (2) Non-cash income, such as the bonus value of food and fuel produced and consumed on farms and the imputed value of rent from owner-occupied farm or non-farm housing. Foster Grandparents are volunteers, and are not employees of the sponsor, the volunteer station, the Corporation, or the Federal Government. Cost reimbursements include: (a) Stipend. Foster Grandparents who are income eligible will receive a stipend in an amount determined by the Corporation and payable in regular installments, to enable them to serve without cost to themselves. The stipend is paid for the time Foster Grandparents spend with their assigned children, for earned leave, and for attendance at official project events. (b) Insurance. A Foster Grandparent is provided with the Corporation-specified minimum levels of insurance as follows: (1) Accident insurance. Accident insurance covers Foster Grandparents for personal injury during travel between their homes and places of assignment, during their volunteer service, during meal periods while serving as a volunteer, and while attending project-sponsored activities. Protection shall be provided against claims in excess of any benefits or services for medical care or treatment available to the volunteer from other sources. (2) Personal liability insurance. Protection is provided against claims in excess of protection provided by other insurance. It does not include professional liability coverage. (3) Excess automobile liability insurance. (i) For Foster Grandparents who drive in connection with their service, protection is provided against claims in excess of the greater of either: (A) Liability insurance volunteers carry on their own automobiles; or (B) The limits of applicable state financial responsibility law, or in its absence, levels of protection to be determined by the Corporation for each person, each accident, and for property damage. (ii) Foster Grandparents who drive their personal vehicles to or on assignments or project-related activities shall maintain personal automobile liability insurance equal to or exceeding the levels established by the Corporation. (c) Transportation. Foster Grandparents shall receive assistance with the cost of transportation to and from volunteer assignments and official project activities, including orientation, training, and recognition events. (d) Physical examination. Foster Grandparents are provided a physical examination prior to assignment and annually thereafter to ensure that they will be able to provide supportive service without injury to themselves or the children served. (e) Meals and recognition. Foster Grandparents shall be provided the following within limits of the project's available resources: (1) Assistance with the cost of meals taken while on assignment; and (2) Recognition for their service. (f) Other volunteer expenses. Foster Grandparents may be reimbursed for expenses incurred while performing their volunteer assignments, provided these expenses are described in the Memorandum of Understanding negotiated with the volunteer station to which the volunteer is assigned and there are sufficient funds available to cover these expenses and meet all other requirements identified in the notice of grant award. [64 FR 14126, Mar. 24, 1999, as amended at 69 FR 19775, Apr. 14, 2004; 69 FR 56718, Sept. 22, 2004] No. Foster Grandparent's cost reimbursements are not subject to any tax or charge or treated as wages or compensation for the purposes of unemployment insurance, worker's compensation, temporary disability, retirement, public assistance, or similar benefit payments or minimum wage laws. Cost reimbursements are not subject to garnishment, and do not reduce or eliminate the level of, or eligibility for, assistance or services a Foster Grandparent may be receiving under any governmental program.
Title 45: Public Welfare
PART 2552—FOSTER GRANDPARENT PROGRAM
Subpart D—Foster Grandparent Eligibility, Status and Cost Reimbursements
§ 2552.41 Who is eligible to be a Foster Grandparent?
§ 2552.42 What income guidelines govern eligibility to serve as a stipended Foster Grandparent?
§ 2552.43 What is considered income for determining volunteer eligibility?
§ 2552.44 Is a Foster Grandparent a federal employee, an employee of the sponsor or of the volunteer station?
§ 2552.45 What cost reimbursements are provided to Foster Grandparents?
§ 2552.46 May the cost reimbursements of a Foster Grandparent be subject to any tax or charge, be treated as wages or compensation, or affect eligibility to receive assistance from other programs?
