Par.1.  Material Transmitted and Purpose – Transmitted with this Manual Letter is new Service Chapter 419 – Factors of Eligibility and Benefit Determination for Temporary Assistance for Needy Families (TANF).  This manual letter is effective June 1, 2010.   

This Manual Letter replaces Service Chapter 400-17 and 400-20 and incorporates changes made with the following IM’s:

•	IM 5020, Acceptable Forms of Verification for Canadian Indians
•	IM 5025, Transition Assistance Special Allowances
•	Amended IM 5029, Iraqi and Afghani Special Immigrant Policy
•	IM 5030, Economic Stimulus Tax Rebates
•	IM 5039, JOBS Program Supportive Services
•	IM 5040, Verified Provider of Care to a Disabled Family Member
•	IM 5043, Diversion Assistance Program (TANF)
•	IM 5044, JOBS and Pathways to Work Changes
•	IM 5048, Census Income
•	IM 5053, Supplemental Security Income (SSI)
•	IM 5056, ND Health Tracks, Early Periodic Screening Diagnosis and Treatment
•	IM 5058, JOBS Good Cause Determination
•	IM 5063, New Source Income in IIM Accounts
•	IM 5064, TANF Pay After Performance and Diversion Assistance
•	IM 5066, Additional $25 Unemployment Stimulus payments
•	IM 5067, Treatment of $250 Economic Recovery Payments by Programs and Child Support
•	IM 5070, Afghan and Iraqi Special Immigrant Eligibility
•	IM 5072, Child Care Assistance Category Rate Changes
•	IM 5073, Limit on Number of Months of JOBS Caretaker Exemption
•	IM 5076, TANF and JOBS Transportation Reimbursement Rate
•	IM 5079, Child Only Cases and TANF Standard of Need
•	IM 5082, Child Support Assignment and Distribution Changes
•	IM 5083, Essential Service Daily Rate Increase
•	IM 5084, Tribal NEW Memorandum of Understanding
•	IM 5090, Applications and Recertification’s Filed with No Address
•	IM 5091, TANF Policy Changes
•	IM 5092, Iraqi and Afghan Special Immigrant Policy
•	IM 5096, Tribal NEW Memorandum of Understanding
•	IM 5099, Eligibility For Aliens

	Par. 2. This manual also includes the following policy changes that are effective when determining eligibility and benefits for the benefit month of June 2010.  Changes in policy have been underlined. 

•	Redetermination of Eligibility:  No longer requires a face to face interview when completing the annual Redetermination of Eligibility.

•	JOBS Up-front Eligibility requirements:  An additional requirement has been added.  An individual cannot have quit a job or refused employment without good cause, after the application date.

•	Stepparent Eligibility:  Requires a stepparent and stepparent’s child(ren) and stepchild(ren) to be included in the TANF household, when a natural or adoptive parent does not reside in the home and the caretaker is a stepparent.

•	Requires a JOBS Employment Contractor to deem an individual as failing to meet JOBS Up-front eligibility when the individual has quit a job, without good cause, after the application date and prior to the application being approved.

•	Misrepresentation of Residence:  Clarifies that the 10 year penalty for Misrepresentation of Residence can only be imposed if the individual is convicted in Federal or State court.  If an individual is not convicted in federal or state court the 10 year penalty cannot be applied.  However, the individual shall be referred for Intentional Program Violation (IPV) and the 1 year, 2 years or permanent disqualification penalties will apply.
Note:  If the individual was not in receipt of TANF when convicted in federal or state court of receiving Medicaid, SNAP and/or SSI in 2 states simultaneously, a 10-year penalty must be imposed for TANF. 

•	Special Items of Need:
o	Special Items of Need will no longer be prorated.  The full amount will be included in the TANF grant.

o	Essential Services:  No longer requires the need for the essential service to be related to a special need or condition of an eligible household member.  Essential services can now be paid for the well being of a TANF household member, including an SSI recipient or an ineligible caretaker who is not the parent of a child in the household.

•	Proof of Performance:  Changes the 2nd and subsequent Proof of Performance Period from 30 days to 15 days.

•	Changes the name of Transitional Supportive Services to Post TANF Supportive Services.

1.	Redetermination of Eligibility Requirements 400-19-30
Eligibility for every TANF household is redetermined each month using the TANF Monthly Report.  The purpose of the annual Redetermination of Eligibility is to carefully examine all relevant factors of eligibility including deprivation, income, assets, and household composition, as well as to identify any inconsistencies in the information provided through the monthly report or the interview.  Effective with Redeterminations received on or after June 1, 2010, a face to face interview is no longer required when completing the annual Redetermination of Eligibility.  

The automated computer system provides an alert to the TANF Eligibility Worker when a redetermination is due and automatically sends the Redetermination of Eligibility due notice advising them that the annual redetermination is due.  The TANF Monthly Report/ Redetermination form is sent to the TANF Primary Individual on approximately the 25th of the month prior to the month due. 

If the recipient fails to complete the redetermination process by the last day of the redetermination due month, the case will automatically close since continued eligibility cannot be determined. When a case closes due to recipient failure to complete the redetermination process, the individual must reapply for assistance. 

Counties must use forms and notices developed by the Department of Human Services (DHS) for the purposes of informing and advising clients of the status of their redetermination and their rights and responsibilities.

2.	JOBS/Tribal NEW Up-front Eligibility Requirements 400-19-35-10
Unless first determined to be exempt, excluded, or granted good cause for nonparticipation in JOBS, the applicant and any member of the family for whom TANF is requested shall, as a condition of eligibility, comply with requirements of Up-front Job Opportunities and Basic Skills (JOBS) or a Tribal Native Employment Works (NEW) program.  Failure to cooperate with Up-front Eligibility requirements will result in denial of the application.  

Because a referred individual may contact JOBS or Tribal NEW in advance of their receipt of the JOBS/Tribal NEW Referral, the TANF Eligibility Worker must immediately alert the JOBS Employment Contractor or Tribal NEW of the referral.

Non-sanctioned individuals must:
1.	Contact JOBS or Tribal NEW within seven (7) calendar days from the print date of the referral and schedule an orientation appointment; and 

2.	Attend the scheduled appointment to complete the program orientation, initial assessment, and employability plan;

3.	Not have quit a job or refused employment without good cause after the application date.

Sanctioned individuals must:
1.	Contact the JOBS program within seven (7) calendar days from the print date of the referral to schedule an appointment to enroll; and

2.	Attend the scheduled appointment to complete the program orientation, initial assessment, and employability plan; and

3.	Complete their Proof of Performance unless they are determined to have good cause;

4.	Not have quit a job or refused employment without good cause after the application date and through the Up-front eligibility period.  

If a sanctioned individual who applies after the Sanction Penalty Month or Month of Ineligibility meets the JOBS Up-front eligibility, the sanctioned individual and other eligible individuals in the household are provided a TANF benefit prorated from the application date.  (See Section 400-19-90, Curing JOBS Sanction for individual who apply during the Sanction Penalty Month or Month of Ineligibility.)

3.	TANF Household Composition (Filing Unit) 400-19-45-05
The TANF household is comprised of individuals who live together.  The household must include a dependent child, the natural or adoptive parents of the dependent child, stepparents and brothers and sisters (including step-siblings) of the dependent child whether by whole or half-blood, marriage, or by adoption, where at least one member is in receipt or would be in receipt of TANF if PAP requirements are met.  This includes household members temporarily residing away from home.  

Parent(s) of the dependent child(ren) who reside in the home must be included, whether or not married.  If a parent claims or appears to be incapacitated, incapacity must be explored because additional household members and their income and assets may then have to be included in the unit. Once the TANF household is established, all income and assets of the persons required to be included must be considered in determining eligibility.

A minor parent who resides with a legally or non-legally responsible caretaker is considered a dependent child (and not a caretaker).  When the minor parent resides with a legally responsible caretaker, the legally responsible caretaker must be included in the TANF household (three-generation household).

Stepparent(s) must be included in the TANF household and either the stepparent will be eligible for benefits or stepparent budgeting will apply. No stepparent may be included as a second eligible caretaker for the TANF portion of the benefit unless the stepparent has a natural or adoptive child(ren) who is also included in the TANF household.  

When a natural or adoptive parent does not reside in the home and the caretaker is a stepparent (who may or may not have a natural or adoptive child in the home), the caretaker (stepparent), caretaker’s children and stepchild must be included in the TANF household.
Note:  Effective June 1, 2010, the household must include the stepparent, any natural or adoptive children of the stepparent and stepchildren.

4.	Voluntary Quit 400-19-45-75-10
When a job quit or refusal of employment occurs anytime after the TANF application date, TANF Eligibility Workers will no longer be responsible to make determinations of Voluntary Quit or Refusal of Employment.   If the individuals is a JOBS Participant, the determination will be made by the JOBS Employment Contractors based on the good cause determination process.  
Upon receipt of a JOBS Referral, the JOBS Employment Contractor must determine if the referral is for a new applicant or an individual in an ongoing case whose ‘good cause’ or ‘exemption period’ is ending.  (This can be determined based on the TANF Application Date displayed on the JOBS Referral form.)

1.	If the referral is for a TANF applicant (to meet Up-front Eligibility Requirements and/or complete a Proof of Performance)  AND the job quit or refusal of employment occurred on or after the TANF Application Date (thru the Up-front Eligibility or Proof of Performance Period), the JOBS Employment Contractor must determine if ‘good cause’ exists for the job quit or refusal of employment.

a.	If ‘good cause’ does exist, the TANF Eligibility Worker must be notified that the ‘good cause claim’ was approved and the JOBS participant must continue to follow JOBS requirements.

b.	If ‘good cause’ does not exist, the individual is deemed to have failed the Upfront and/or Proof of Performance requirements and the referral must be returned to the TANF Eligibility Worker.  The TANF Eligibility Worker will deny the TANF application and the individual will need to serve a 30 day disqualification period, beginning the day following the day the job quit or refusal of employment occurred.
Note:  Should the individual reapply within 30 days of the job quit or refusal of employment, the TANF Eligibility Worker would make the determination based on policy defined in Section 400-19-45-75-05, Overview.

2.	If the referral is for an individual in an ongoing case whose ‘good cause’ or ‘exemption period’ is ending, and a job quit or refusal of employment occurred:

a.	Prior to the ‘good cause’ or ‘exemption period’ end date, the JOBS Employment Contractor does not take any action as job quit or refusal of employment does not apply during ‘good cause’ or ‘exempt’ periods.

b.	After the ‘good cause’ or ‘exemption period’ end date, the ‘good cause’ process must be initiated.  

i.	If ‘good cause’ exist, the TANF Eligibility Worker must be notified that the ‘good cause’ claim was approved and the JOBS participant must continue to follow JOBS requirements.

ii.	If ‘good cause’ does not exist, a recommendation for sanction must be sent to the TANF Eligibility Worker.

3.	If the referral is for an individual in an ongoing case who must complete a Proof of Performance, and a job quit or refusal of employment occurred:

a.		If ‘good cause’ does exist, the TANF Eligibility Worker must be notified that the ‘good cause claim’ was approved and the JOBS participant must continue to follow JOBS requirements.

b.		If ‘good cause’ does not exist, the individual is deemed to have failed the Proof of Performance requirements and the TANF Eligibility Worker must be informed.  The case will progress to closure.

Note #1:  For (2) and (3) above, the only way to cure the sanction and avoid the case from progressing to case closure is if the individual finds a job that is comparable to the job quit or refused. 

Note #2:  If the individual does not cure the sanction and the case progresses to close, the individual will be required to serve the one (1) month of ineligibility.  Upon reapplication after the one (1) month of ineligibility, the individual will need to complete a Proof of Performance, but may not be required to find a job that is comparable to the job quit or refused in order to regain eligibility.  The Employment Contractor will be responsible to determine the appropriate activity.

5.	Misrepresentation of Residence 400-19-45-95-15
Part A, Section 408 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 implemented a provision which prohibits a State to which a grant is made under section 403 from using any part of the grant  to provide cash assistance to an individual during the 10-year period that begins on the date the individual is convicted in Federal or State court of having made a fraudulent statement or representation with respect to the place of residence of the individual, in order to receive TANF, Medicaid, SNAP or SSI simultaneously from 2 or more States. 
Note:  This provision does not apply with respect to a conviction of an individual, for any month beginning after the President of the United States grants a pardon with respect to the conduct which was the subject of the conviction.

Any individual convicted in federal or state court of having made a fraudulent statement or representation after July 1, 1997, with respect to their place of residence in order to receive TANF, Medicaid, SNAP or SSI simultaneously from two or more states shall be disqualified from TANF for a period of 10 years, effective the date of conviction. In addition to the court conviction, the individual shall also be referred for an Intentional Program Violation (IPV). (See Section 400-19-135-20, Types of Intentional Program Violations.)  Since the individual was convicted in federal or state court, the period of disqualification for the IPV will remain 10 years if it is the individual’s first or second, and permanently, if it is the individual’s third.
Note:  If the individual was not in receipt of TANF when convicted in federal or state court of receiving Medicaid, SNAP and/or SSI in 2 states simultaneously, a 10-year penalty must be imposed for TANF. 

If an individual is not convicted in federal or state court after July 1, 1997, but has made a fraudulent statement or representation, with respect to their place of residence in order to receive TANF simultaneously from two or more states, the 10 year penalty cannot be applied.  However, the individual shall be referred for Intentional Program Violation (IPV).  If it is the individual’s first IPV, the disqualification penalty is 1 year, if it is the second IPV, the disqualification penalty shall be 2 years. If it is the individual’s third IPV, the penalty is a permanent disqualification.  (See Section 400-19-135-20, Types of Intentional Program Violations.)

Individuals convicted of Misrepresentation of Residence who are disqualified from receiving TANF assistance continue to have their income and assets considered when determining eligibility for remaining household member(s). Disqualified individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care).  Individuals participating in the JOBS program are eligible for Supportive Services.

6.	Special Items of Need 400-19-60

Overview 400-19-60-05
Approved special items of need for eligible TANF household members are considered part of the Total TANF Standard of Need.   Special items of need are added to the TANF Basic Standard of Need to arrive at the Total TANF Standard of Need.
Example:  The TANF Basic Standard of Need for one caretaker and one child is $328.  The family also pays $100 in Health Insurance, which is included in the TANF benefit as a special item of need.  The $100 is added to the $328 and results in a Total TANF Standard of Need of $428.00 for this household.

Only eligible TANF household members are eligible for special items of need. Individuals with a participation code of OU (except individuals who are OU due to Pay After Performance), SS, ST, and MP are not eligible for these payments.

All special items of need are to be budgeted and paid prospectively or by supplemental payment after verification is received, with the exception of catastrophic events, which are paid through the Vendor Payment process.  
Note:  Special items of need are not prorated.  The TANF benefit will include the full amount of the Special Item of Need.

2.	Essential Services (N.D.A.C. 75-02-01.2-64) - The cost of a service considered essential to the well being of a TANF household member, including an  SSI recipient or an ineligible caretaker who is not the parent of a child in the household, shall be provided for in the TANF benefit.  If the need for the essential service is related to a special need or condition of a household member, the cost can be met through the TANF benefit. The nature of the infirmity or illness must create a condition where the household cannot perform independently, and services will be considered to meet such needs.  The necessary service(s) may require a person in the home temporarily or from outside the home to discharge a specific, transitory need.  Medical documentation must substantiate the need for essential services.  

Essential services are intended to accommodate such needs as housekeeping duties and/or child/dependent care during a household member’s illness or hospitalization, attendant services, and extraordinary costs of accompanying a member of the family to a distant medical or rehabilitation facility.  
Note:  Transportation, lodging and meals for individuals who must travel to a distant medical or rehabilitation facility can be paid through Medicaid, with prior approval.  If the household fails to obtain prior approval, or if Medicaid denies the claim as the treatment can be obtained within the state, the cost cannot be paid under Essential Services.  

Essential Services:
a.	Can only be paid if all other resources have been exhausted;

b.	Must be based on negotiation with the provider;  
Note: The allowable maximum daily rate for child/dependent care cannot exceed the amount allowed for emergency foster care, which currently is $30 per day per child; 

	A provider need not be licensed, self-certified, registered, or an approved relative in order to provide emergency child care.  Emergency care that necessitates care of a child shall be limited to three (3) calendar months. Resources other than essential services provided to TANF household members must be explored for placements of longer duration. 

7.	Proof of Performance (POP) 400-19-90-10
A Proof of Performance (POP) is a specific period of time, of not less than 10 and not more than 30 days, during which a sanctioned individual can cure their JOBS or Tribal NEW sanction by demonstrating successful participation in the program.  It is the responsibility of the sanctioned individual to contact the JOBS Employment Contractor or Tribal NEW Coordinator to begin the process of curing the sanction.

When a sanctioned individual is required to complete a POP Period, the period is determined based on the number of sanctions that have been imposed against that individual.  TANF Policy recommends POP periods to be:
•	A minimum of 10 days for the first JOBS sanction; and
•	Fifteen (15) days for all subsequent JOBS sanctions.  

8.	Post-TANF (Formerly Transitional) Supportive Services 400-19-155
Transitional Supportive Services name has been changed to Post-TANF Supportive Services in this section and references throughout the manual where Transitional Supportive Services were referrenced.