Par.1. Material Transmitted and Purpose – Transmitted with this Manual Letter are changes to Service Chapter 400-19 – Factors of Eligibility and Benefit Determination for Temporary Assistance for Needy Families (TANF).  This manual letter incorporates all of the clarifications, spelling corrections and minor wording changes to the policy as a result of the TANF Statewide Training in May 2010.

	Par. 2. Effective Date – These clarifications are effective June 1, 2010.  

Section 400-19-05 – Definitions - Added new definitions and clarifications as follows:

Deprivation – A condition that exists when a dependent child is without parental support or care because at least one parent is continually absent from the home, incapacitated, disabled, aged, or deceased. 

Eligible Caretaker Relative – An eligible caretaker relative who is in financial need and:
1.	Is related to a dependent child within the 5th degree of relationship whether by birth, marriage, or adoption; or

2.	Is not a recipient of SSI benefits; or

3.	Is a pregnant woman in the third trimester of her pregnancy;  or

4.	Is a pregnant woman who is in the third trimester of her pregnancy with no other dependent child and is herself incapacitated or whose husband is incapacitated. 

Note:  A caretaker relative who is related to a dependent child within the 5th degree but who is not the natural or adoptive parent of the child, is eligible only if the caretaker relative: 
a.	Is age 16 or older; and
b.	If married, whose spouse is absent from the home other than on a temporary basis.
Head of Household – The Primary Individual of a TANF case.

Legally Responsible Caretaker: - An individual who has a legal responsibility to provide support and care to a dependent child.  In most situations, this is the mother or father.

Standard of Need – Total – The An amount equal to the TANF Basic Standard of Need plus any arrived at when special items of need and $45 Out of Home Allowances for which the household may be eligible. are added to the TANF Basic Standard of Need.

Stepparent – A person legally married to a parent of a child who is not the parent of that child by either birth or adoption.
Note:  A child born after a marriage is dissolved is not a stepchild to the ex-spouse.

Terminated Source of Income – Income, earned or unearned that ends and is not anticipated to begin again.  The final payment must be received in either of the first two prospective months of eligibility. 

VISTA (Volunteers in Service to America) - A public service program authorized under the Domestic Volunteer Service Act and later incorporated into the AmeriCorps network of programs in 1993.

400-19-15-05-05 – Role and Responsibilities of the TANF Eligibility Worker – Added a new #6 to the TANF Eligibility Worker role and responsibility with regards to the JOBS Program.

6.	Upon request from the JOBS Employment Contractor, provide the amount of the TANF and SNAP benefits.  This enables the JOBS Employment Contractor to assist the JOBS Participant by:
a.	Determining the number of hours an individual must participate in the Community Service Activity;
b.	Providing Budgeting Counseling; and
c.	Determining eligibility for JOBS Supportive Services.

400-19-15-10 - Verification of Selected Factors of Eligibility - Added clarification to #6 and #9.

While eligibility for TANF is determined primarily by information supplied by the applicant/recipient, verification of all factors of eligibility must be supported by conclusive, documenting evidence.  It is the responsibility of the applicant or guardian of the applicant to provide information sufficient to establish the eligibility of each individual for whom assistance is requested, including: 

1.	Proper degree of relationship;
2.	Social Security Number or verification of application for a social security number.
3.	Age
4.	Identity
5.	Citizenship
6.	School attendance of any child age 16 to 18, or if age 18, is a fulltime student in a secondary school or a vocational or technical school that is equivalent to a secondary school, who will graduate before the end of the calendar month in which the student will attain age 19 or older;
7.	All income;
8.	Equity value of assets whenever available information or the prudent person concept suggests such reported value may exceed program limitations;
9.	Conditions requiring professional examinations or judgments to establish the existence of incapacity or pregnancy; 
Note:  In addition to verification of pregnancy, verification of the Estimated Date of Confinement (due date) is also required for each pregnancy.
10.	Special Items of Need requests;
11.	Child or alimony/spousal support, or money paid to non-household members; and
12.	Any other factor of eligibility for which available information is lacking, questionable, or inconclusive, and which suggests to a prudent person that further inquiry and/or documentation is necessary.

400-19-15-15 – Confidentiality – This entire section was rewritten to clarify and add more information regarding the confidentiality requirements for TANF.
Federal and state law recognizes the privacy rights of individuals who receive services and assistance under programs administered by the Department.   Confidentiality safeguards go into effect from the initial contact between the client and the Department.  Initial contact may be as early as an inquiry about the application process or availability of services, depending on what personally identifying information was obtained.  The safeguards apply to any personally identifying information, whether written or oral, and whether or not it is incorporated into the client’s records.  Safeguards continue to be in effect as long as services or assistance are provided and continue afterwards indefinitely.  They are not terminated by the cessation of services or assistance, or by the client’s death.  Safeguards continue to be in effect indefinitely even for applicants who do not become recipients.

North Dakota Department of Human Services including county Eligibility Staff may exchange information regarding a client to another unit of the Department upon a showing that the requesting unit has a need to know the information in order to perform its duties, for payment purposes, or to administer its program.  In most situations, no written authorization by the client shall be required prior to exchange of the requested information.

Information concerning households receiving TANF may be released only for purposes directly connected with the administration of the TANF Program.  Agencies and individuals other than those specified below, who are requesting information concerning households receiving TANF must obtain and provide a signed release of information from the parent/individual, legal guardian or an agency who has care, custody and control of a child prior to the information being disclosed.  This includes:
1.	Information regarding an individual who received assistance in one case and is now being added to another case, cannot be transferred from the old casefile to the new casefile without a signed release of information from the Primary Individual of the old case.
Exception#1:  The individual added to the new case is now an adult eligible in their own right and was a child in the previous case.  If the individual indicates they received assistance in another case that individual’s information can be added to the new case without a signed Release of Information.

Exception #2:  Both parents of a child were part of the old case and the Primary Individual of the new case is one of the parents from the old case and no legal action has been filed (separation, divorce, etc.).  
Note:  Once legal action has been initiated, information from the old case cannot be added to the new case without a signed Release of Information.

2.	Other individuals within the county agency or a partner agency (county social workers, housing assistance program staff, Professional Association of Treatment Homes (PATH), Division of Juvenile Services (DJS), Tribal Social Services staff, etc.) who are requesting information provided the information is not for the purpose of determining eligibility for the TANF Program.
Exception #1:  Verification of a child’s SSN and Birth may be shared with a social worker or eligibility worker within the county agency in order to determine eligibility for Foster Care Assistance.

Exception #2:  When an employee of a Social Service Agency in another State requests information regarding an individual applying for assistance in that State, the information can be released without a signed Release of Information.
Note:  Information obtained through the Vital Statistic Interface cannot be shared with the applicant/recipient or any other agency.

Exception #3:  When an employee of the Social Security Administration requests information regarding TANF benefits in order to determine eligibility for Social Security or Supplemental Security Income benefits, the information can be released without a signed Release of Information. 

Exception #4:  Upon the written request of an elected public official, the name, address, and amount of assistance received by a TANF household may be released without a signed Release of Information.

Exception #5:  Confidentiality provisions of the law allow for cooperation with and provision of pertinent information to the Child Support Enforcement Agency as a means of assisting in locating and obtaining support from an absent parent, establishing paternity, etc.  Therefore, information may be released without a signed Release of Information.

In accordance with agreements with the Social Security Administration (SSA) and the Internal Revenue Service (IRS), information received from either of these agencies may only be used to determine eligibility for TANF Program.  
•	Interface information from SSA may be released to a client with a signed release of information, but not any other agency.  
•	Interface IRS information MAY NOT be released to any other individual or agency requesting this information, including the recipient.  
Note:  SSA or IRS information provided by the client may be shared with other agencies upon receipt of a signed release of information from the client. 

In accordance with the agreement with Vital Statistics, the Vital Statistic information is owned by Vital Statistics at the State Health Department.  Information received through the Vital Statistics Interface is to be used by TANF Eligibility Workers to verify birth and relationship information received from applicants and recipients.  This information can only be used for the purpose of determining eligibility and cannot be released to the applicant or recipient or any other agency.

Federal and State regulations authorize the Department to disclose the current address of a TANF recipient to state or local law enforcement officials at their request, and without written recipient consent. The law enforcement officer must provide the name and social security number of the recipient, and must demonstrate all of the following:
1.	The recipient is a fugitive felon, as defined by state law; and
2.	The officer’s duties include the location or apprehension of the felon; and
3.	The request is made pursuant to proper exercise of the officer’s duties. (45 C.F.R. § 205.50).

For additional considerations, including guidelines to county personnel who are subpoenaed to testify in court, see:
1.	Service Chapter 110-01, Confidentiality;
2.	Service Chapter 449-05-30, Confidentiality and Safeguarding Information; and
3.	North Dakota Administrative Code (N.D.A.C.) Section 75-01-02.

400-19-15-30-15 – JOBS Employment Contractor – Responsibilities - Added responsibility #9 as follows:
9.	Participate in Appeal Hearings when related to the JOBS Program, including but not limited to ‘good cause’ and sanctions.

400-19-20-05 – Overview – Application/Request for Benefits - Clarified that an application is considered signed if there is a signature anywhere on the application, other than to answer a question.  

An application is a formal request for benefits that is made on one of the prescribed TANF Program application forms.  Individuals requesting benefits through the TANF Program must complete and sign an application.  The application must be submitted to the local county social service agency for processing.  An unsigned application is not considered an application.   
Note:  Prior to determining eligibility and authorizing benefits, the TANF Eligibility Worker must have a completed and signed application.  The application is considered signed if the signature is found anywhere on the application, other than to answer a question.  

400-19-20-10 – Application Forms for TANF - Added information on how to process an application that does not contain a mailing address.

The allowable application forms used to apply for benefits under the TANF Program are:  
1.	SFN 405, "Application for Economic Assistance Programs";
2.	SFN 719, "TANF Request for Benefits”;
3.	The Electronic Application found on the Department of Human Service Website.

Upon receipt of an application, the TANF Eligibility Worker must determine if it is complete and signed, and a face to face interview must be conducted.  
•	If any one of the above signed applications is incomplete, the household must either complete the application or sign a Statement of Facts (or Monthly Report as defined below).
Note:  If the application submitted is the SFN 719, “Request for Benefits”, a Statement of Facts (or Monthly Report as defined below) is required.

•	If any one of the above signed applications does not list an address, TANF Eligibility Workers should review the contact information found on a mailing envelope, in a phone book, on a Motor Vehicle query, or using any other available resources for address information.
o	The application must be registered and if no mailing/residence address can be located, ‘General Delivery’ must be used for the mailing address and applicable notice(s) sent.  If the notices are returned for insufficient address:
•	If the application has not been approved, it should be denied due to loss of contact and documented in the casefile.
•	If the application has been approved, the case can be closed for loss of contact and documented in the casefile.

400-19-45-05 – TANF Household Compositions (Filing Unit) - Added clarification that a dependent child’s siblings that are required to be included in the household are those siblings who are under age 18 or if age 18, a fulltime student reasonably expected to graduation from high school by the last day of the month in which the student attains age 19.

The TANF household is comprised of individuals who live together where at least one member is in receipt or would be in receipt of TANF if Pay After Performance (PAP) requirements are met.  The household must include:
1.	A dependent child;
2.	The natural, adoptive, or stepparents of the dependent child; and
3.	stepparents and The dependent child’s siblings brothers and sisters (including half and step-siblings) who are under age 18, or if age 18, a fulltime student reasonably expected to graduate from high school by the last day of the month in which the student attains age 19. dependent child whether by whole orhalf-blood, marriage who are, or by adoption, where at least one member is in receipt or would be in receive of TANF if PAP requirements are met.  
NOTE:   this includes Any of the above members who are temporarily residing away from home must be included in the TANF household members temporarily residing away from home.

400-19-45-10 – Primary Individual (PI) - In the last paragraph of this section, clarified that the PI can only be changed if the PI dies and the new PI is the spouse and resides in the same household of the PI who died.

The PI of a case can only be changed if the PI dies and the new PI is the spouse and resides in the same household of the PI who died.

400-19-45-20 – TANF Household Living Arrangements - Added a new #16 and renumbered the remaining living arrangements after that to include the New Hope Program located in Minot, ND.  

Clarified the new #22, Prairie at St. John’s Center in Fargo, ND to include information on how to treat individuals receiving services through day treatment services.

16. New Hope Program:  The New Hope Program is located in Minot, ND and is a private company that provides Drug Abuse and Addiction rehabilitation and treatment.
•	  While receiving inpatient treatment at New Hope, if a woman is pregnant or has a child(ren) residing with her, the family is allowed the full TANF Basic Standard of Need for their household.  
The living arrangement would be ‘In Own Home.’ 

If the woman is not pregnant or does not have her child(ren) residing with her, she may be eligible.   A treatment plan must be provided verifying the individual is expected to return home within 12 calendar months from the month of entry.
•	If the individual is not expected to return home within 12 calendar months from the month of entry, the individual is not eligible for TANF beginning the first full calendar month following the month of entry.  

•	If the individual is expected to return home within 12 calendar months, the individual continues to be eligible to be included in the household (full TANF Basic Standard of Need) for three complete calendar months following the month of entry. 

•	Beginning the fourth calendar month, the individual is eligible for a $45.00 monthly personal needs allowance.  The individual may be eligible for the $45.00 personal needs allowance for up to nine months.   

In the automated computer system, the Living Arrangement that should be selected is ‘Hosp/Halfway House/In Own Home.
22. Prairie at St. John's Center: Prairie at St. Johns Center is located in Fargo, ND, and provides psychiatric and chemical dependency services to patients and families of all ages. 

A medical plan must be provided verifying the individual is expected to return home within 12 calendar months from the month of entry.
•	If the individual is not expected to return home within 12 calendar months from the month of entry, the individual is not eligible for TANF beginning the first full calendar month following the month of entry.

•	If the individual is expected to return home within 12 calendar months, the individual continues to be eligible to be included in the household (full TANF Basic Standard of Need) for three complete calendar months following the month of entry. 

•	Beginning the fourth calendar month, the individual is eligible for a $45.00 monthly personal needs allowance.  The individual may be eligible for the $45.00 personal needs allowance for up to nine months.   

In the automated computer system, the Living Arrangement that should be selected is ‘Prairie Psyc Ctr/IMD Facil’.

•	Individuals receiving services through day treatment services are eligible to receive TANF as part of their parents/ guardians TANF household.  Individuals, age 18 or older, pregnant or with a child(ren) are eligible on their own behalf and will be budgeted based on the TANF Basic Standard of Need for the appropriate household size.

In the automated computer system, the Living Arrangement that should be selected is ‘In Own Home’.

400-19-45-25-05 – Minor Parent Household - Clarified Note #1 that a separate case can be established for the minor parent and minor parent’s child, with the minor parent’s parents (MP) included as ineligible when eligibility including the Minor parent’s parents as IN fails not only for excess assets but also for deprivation.  The remainder of the section has not changed.

An individual is considered a minor parent when the individual has a marital status of never married, is under age 18, and is a mother or father to a child in the case.

When a minor parent and child reside in the home of the parents, either the minor parent or the minor’s parents can apply for TANF. However, refusal on the part of the minor’s parents to provide the required information about their income will result in denial or termination of assistance.

When the minor parent’s parents are receiving or requesting TANF, the minor parent and minor parent’s child(ren) must be included in the household when determining TANF eligibility. Income and assets of the entire household are used to determine eligibility. 
Note #1:  If eligibility is denied due to excess assets or deprivation does not exist, a separate case can be established for the minor parent and minor parent’s child, with the minor parent’s parents (MP) included as ineligible. In this case, the assets of the minor parent’s parents are disregarded.  However, minor parent budgeting would apply.  (See Section 400-19-45-25-20, Budgeting for Minor Parents Under Age 18 Residing With Parents or a Caretaker.)  

400-19-45-35-10 – TANF Lifetime Limit – Exemption Criteria - The first paragraph has been clarified that a household can only request an exemption to the TANF Lifetime Limit if an adult residing in the household has reached the 60-month limit.  

Added a new paragraph under #3 of the automatic exemptions that clarifies an individual must return to reside on Indian Land prior to receiving their 60 months of TANF benefits in order to be eligible.

Households that include an adult who has reached the 60-month lifetime limit may be allowed an exemption to the TANF lifetime limit.  Households may be considered exempt from the TANF lifetime limit when any of the following criteria are met:

Automatic exemptions
1.	The eligible adult caretaker in the household who has not met the lifetime limit and is age 65 or older.  Such an individual will be automatically exempt from the lifetime limit requirement through the automated computer system and will not be required to request an exemption.

2.	The eligible adult caretaker who has not met the lifetime limit and is considered disabled and in receipt of Supplemental Security Income (SSI, including presumptive SSI) will be automatically exempted from the lifetime limit requirement by the automated computer system, and will not be required to request an exemption.
 
Individuals considered disabled for SSI (including presumptive SSI) by Social Security Administration but not in receipt of a payment (1619b, SSI recoupment, setting up a protective payee, etc.), will not be considered exempt from the lifetime limit as a disabled individual.
 
If the Social Security Administration determines that the individual is no longer eligible to receive SSI, the exemption ends.

3.	The lifetime limit months do not count when the eligible caretaker is residing on Indian land in Benson, Dunn, Eddy, Mercer, McKenzie, McLean, Mountrail, Nelson, Ramsey, Richland, Rolette, Sargent, Sioux, and Ward County, and the unemployment rate is greater than 50%. 
Note:  Currently, Benson, Rolette and Sioux counties have unemployment rates greater than 50%.

An eligible adult caretaker in the household, who has met the lifetime limit and returns to reside on Indian Land where the unemployment rate is greater than 50%, IS NOT eligible to receive TANF benefits.  The individual must have returned to reside prior to receiving their 60 months of TANF benefits.

400-19-45-40-10 – United States Citizenship - Added information to determine U.S. citizenship for a child who was born abroad.

U.S. citizens include anyone born in: 
•	The 50 United States
•	The District of Columbia
•	Guam
•	The Virgin Islands
•	Puerto Rico
•	The Northern Mariana Islands
•	American Samoa
•	Swain’s Island
•	A foreign country who is:
a.	Under 18 years of age, and
b.	Admitted to the US as a lawful permanent resident; and
c.	In the legal and physical custody of at least one parent who is a US citizen.
NOTE:  This also applies to children adopted from a foreign country as long as the three conditions above are met.
A child born abroad in wedlock (including in Canada and Mexico) acquires U.S. citizenship at birth if the child was born:
1.	To two U.S. citizen parents provided that one of the parents had a residence in the U.S. prior to the child’s birth; or
2.	To one U.S. citizen parent and one alien parent:
a.	For a child born on or after November 14, 1996, the citizen parent was physically present in the U.S for a period of five years of which two must have been after the age of fourteen; and
b.	For a child born between December 24, 1952 and November 13, 1986, the citizen parent was physically present in the U.S. for a period of ten years, of which five must have been after the age of fourteen.

A child born abroad out of wedlock (including in Canada and Mexico) acquires U.S. citizenship at birth if the child was born:
1.	To a U.S. citizen father provided all of the following criteria are met:
a.	A blood relationship between the child and the father is established by clear and convincing evidence; and
b.	The father had the nationality of the U.S. at the time of the child’s birth; and
c.	The father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches age 18 years; and
d.	While the child is under the age of 18 years:
(1)	The child is legitimated under the law of the child’s residence; and
(2)	The father acknowledges paternity of the person in writing under oath, or
(3)	The paternity of the child is established by adjudication court.
2.	To a U.S. Citizen Mother if the mother was a U.S. citizen at the time of the child’s birth, and if the mother had previously been physically present in the U.S. (or one of its outlying territories) for a continuous period of one year.
 
400-19-45-40-35 – American Indians Born in Canada - Added information to include information regarding the ‘Jay Treaty’, which is the law that declared the right of ‘Indians’ to trade and travel between the U.S. and Canada.

Clarified that the Blood Quantum letter can be used to prove that an individual possesses at least 50% blood of the American Indian Race, but it cannot be used to prove the individual does not.

For purposes of this section, ‘American Indian’ or ‘Native American’ is defined as a person having origins in any of the original peoples of the United States and Canada, except the Eskimos, Aleuts, and Inuits, who maintain tribal affiliation or community attachment.

Article III of the ‘Jay Treaty’ declared the right of “Indians” (“Native Americans”) to trade and travel between the United States and Canada, which was then a territory of Great Britain.   As a result of the “Jay Treaty”, Native Indians born in Canada are entitled to enter the Unites States for the purpose of employment, study, retirement, investing, and/or immigration.  TANF Policy refers to these individuals as ‘American Indians Born in Canada’.

Section 289 of the Immigration and Nationality Act (INA) provides a statutory right to enter into the United States to non-citizen Native Americans born in Canada ‘who possess at least 50% of blood of the American Indian race’.  However, the right of entry into the U.S. does not convey Lawful Permanent Resident (LPR) status or any other qualified alien status to the individual.  In order to have LPR status or any other qualified alien status, the individual must also have maintained residence in the US since entry.  The date the individual begins their U.S. residence is the date the individual is considered a qualified alien.  
Note:  If an individual abandons their US residence and returns to Canada and subsequently returns to the US and reestablishes and maintains US residency, the date of residency would begin on the date the individual reestablished and maintains their US residency.
 
A Native American born in Canada does not include a person who is the spouse or child of such an Indian or a person whose membership in an Indian tribe or family is created by adoption, unless such person possesses at least 50% or more of such blood. Each individual’s immigration status should be examined to determine whether they have an immigration status that qualifies. 

The following document serves as acceptable verification that an individual is an American Indian born in Canada who possesses at least 50% blood of the American Indian race:
A Blood Quantum Letter – The letter will contain information from the individuals Band, Tribe, Nation stating the individual’s blood quantum, which must be at least 50% aboriginal blood.    
The document may use the following verbiage:
•	….at least 50% Aboriginal blood
•	….at least 50% Indigenous blood
•	….at least 50% North American Indian blood
•	….at least 50% American Indian blood

Note:  The Blood Quantum Letter can be used to show that an individual possesses at least 50% blood of the American Indian Race, but cannot be used to show that an individual does not possess at least 50% blood of the American Indian Race, when the parents are enrolled in different Bands, Tribes or Nations.  If the letter does not show an individual possesses at least 50% blood of the American Indian Race, verification should be obtained from the Band, Tribe, or Nation where the other parent is enrolled.

400-19-45-45-05 – Eligibility for Individuals Visiting In or Out of State - Added information when a child residing with one parent in North Dakota visits family in North Dakota.
An individual from out of state visiting family in North Dakota who intends to return to the state from which they came, are considered temporarily residing in North Dakota and are not eligible to receive TANF.
Example:  A child, who lives with a parent in Oregon comes to North Dakota to visit their other parent who is receiving TANF, at the end of May.  The child is expected to return home to Oregon in August.  The child is not eligible to be added to the TANF case in North Dakota as the child is considered residing here temporarily. 

An individual who receives TANF in North Dakota and visits family outside of North Dakota with the intent to return to North Dakota at the end of their visit will continue to be eligible for TANF in North Dakota, provided the individual has returned to North Dakota by the last day of the month following the month they left.  This individual must continue to meet all eligibility requirements such as monthly reporting, compliance with the JOBS work requirements, etc.  If the individual has not returned by the last day of the month following the month they left, the individual must be removed from the TANF household.  
Note:  If at the time the individual leaves North Dakota it is known the individual will be away beyond the last day of the month following the month they left, the individual must be removed from the TANF household effective the end of the month they left.

A possible exception to this policy is situations when the temporary absence from the state exceeds the above referenced time-frame due to illness or injury. When this situation occurs, TANF Eligibility Workers should contact state TANF policy staff for guidance. 

An individual, who receives TANF in North Dakota and visits family in North Dakota, is eligible through the month in which the individual left the TANF household.    
•	If the individual who left is expected to return to the household by the last day of the month following the month the individual left, the individual will remain eligible in the household they left temporarily.
Note: This individual must continue to meet all eligibility requirements such as monthly reporting, compliance with the JOBS Program, etc.

•	If the individual is not expected to return or has not returned by the last day of the month following the month they left, the individual must be removed from the TANF household they left effective the end of the month they left. Should the household in which the individual is visiting apply for TANF, the individual may be included to received TANF benefits in that household effective the month following the month the individual left, or was removed from the previous household.

Example #1: A child is receiving TANF in Mom’s case in Grand Forks. In May, the child goes to Dad’s home in Bismarck for a visit and will be retuning to Mom’s home prior to the end of June. The child remains eligible in Mom’s case.

Example #2: A child is receiving TANF in Mom’s case in Fargo, In May, the child goes to Dad’s home in Williston for a visit and will be returning to Mom’s home in August, prior to the start of school. The child must be removed from Mom’s case effective the end of May. Should Dad apply for TANF, the child would be included in this case beginning with June benefits.

 400-19-45-50-05 – Eligibility Requirements for Age – Under Documentation/Verification of Age, added a Note at the end of this section regarding individuals born in Puerto Rico

Document or other record available from the client or other sources
•	Birth Certificate 
o	Certified Copy from Vital Records
o	Uncertified Copy of the ‘Certificate of Live Birth’ (Yellow Copy )
o	‘Souvenir’ Copy if signed by both the attending physician and president/administrator of the hospital.
•	Baptismal Certificate or Church Record
•	Confirmation Papers
•	Adoption Record
•	Passport
•	Marriage License
•		Driver’s License
•	Electronic Interface or paper record from Vital Records or 	Department of Health
•	Hospital Records
•	School Records
•	Immigration or Naturalization Record
•	Draft Board or Military Service Records
•	Alien Registration Card

Note:  Due to a change in law effective July 1, 2010, all Puerto Rican birth certificates issued prior to July 1, 2010 will be invalid.  Only birth certificates from Puerto Rico that are “issued” or (reissued) on or after July 1, 2010 are acceptable.

400-19-45-55-10 – Documentation/Verification of Identity – Added additional documents or records that can be used to verify identity.

Document or other record available from the client or other sources
•	Drivers License
•	Picture ID
•	Personal knowledge by the county staff
•	School, hospital, nursing home personnel identification
•	Bank records
•	Utility records
•	Mortgage/Rent receipt
•	Affidavit of Identity
•	Hospital crib card or bracelet for newborns

400-19-45-65-05 – Eligibility Requirements for Education – under Documentation/Verification of School Attendance, clarified the last paragraph in this section to indicate that verification of school attendance is only required for individuals age 16 to 18, or if age 18 a fulltime high school student.

Verification of school attendance is required for:
1.	A child age 16 to 18 ; or
2.	A child, who is a full-time student and who will graduate by their 19th birthday from a secondary school or a vocational or technical school that is equivalent to secondary school; or
Note: For children under age 16, verification of school attendance is not required.  If the child is not attending school, it becomes an issue for Child Protection Services.

400-19-45-65-10 – Minor Dependent Child Student Eligibility Requirements - Clarified policy when a minor dependent child is not attending school.

Under the Documentation/Verification of School Attendance section, clarified #1 to indication verification of school attendance is only required for individuals age 16 to 18, or if age 18 a fulltime high school student. 
All minor dependent children, under age 18 who have not received a High School or General Education Diploma (GED) are required to attend school full-time as a condition of eligibility for TANF.  
Note:  A minor child is considered a dependent child during the entire month of the child’s 18th or 19th birthday and will retain student status for the entire month provided the child has attended school for any part of that month.  

A minor dependent child is considered in regular attendance for periods in which the individual is not in school because of official vacation, illness, convalescence, or family emergency if the plan is to continue training when the event that prompted the interruption has run its course.

Upon receipt of an application or in an ongoing case, if it is determined that a minor dependent child is not attending school:
1.	If the minor dependent child is under age 16, a social worker within the agency should be notified.  Since state and tribal law require individuals under age 16 to attend school, those entities will be involved and working with the individual and family.

2.	If the minor dependent child is age 16 to 18, the individual must be referred to the JOBS program.  (See Sections 400-19-75-40, Referrals to the JOBS Program and 400-19-80-15, Referrals to Tribal NEW Program).

There may be some reasons when a minor dependent child may have good cause for not attending school.  Some reasons, applicable only to minor dependent children, are:
1.	Temporary illness; 
2.	Disability, as verified by medical evidence; or
3.	Incapacity, as verified by medical evidence.

400-19-45-70-10 – Deprivation Reasons - Clarified that a child is deprived when a parent is determined disabled by the Social Security Administration, but not necessarily in receipt of Supplemental Security Income (SSI) or Social Security Disability (SSDS) benefits in #4 Disabled Parent.

4.	Disabled Parent – Deprivation exists for purposes of TANF when a household contains two natural or adoptive parents and one is determined disabled by the Social Security Administration determines that one parent meets the disability criteria to be eligible for either and is in receipt of Supplemental Security Income (SSI) or Social Security Disability (SSDS) benefits.  Receipt of Eligibility for SSI or SSDS constitutes adequate substantiation of disability for purposes of TANF without submitting SFN 451, Eligibility Report on Disability/Incapacity.  In addition, individuals approved under the Workers with Disabilities Program are considered disabled under TANF. 

However, the Social Security Administration may review the individual's SSI or SSDS case to determine if disability continues. If the Social Security Administration determines that the individual's disability has ceased, the TANF Eligibility Worker must send the recipient an advance (10-day) notice to close the case.   
Note #1:  Since TANF incapacity criteria is less restrictive than Social Security disability criteria, the TANF Eligibility Worker may complete and send SFN 451 along with current medical information to the State Review Team. 

Note #2:  If an individual’s SSI non-pay status remains ‘N01’ or ‘N04’ for one year or longer, the TANF Eligibility Worker must complete and send SFN 451 along with current medical information to the State Review Team.

400-19-45-70-25 – Joint or Shared Custody Parentage - Renamed this section to reflect Policy.

400-19-45-75-05 – Overview – Voluntary Quit or Refusal of Employment - Added clarification of the 30 day period to consider whether a Job Quit or Refusal of Employment occurred when an application is received.

At the time a household applies for TANF, the TANF Eligibility Worker must determine whether a TANF household member refused a bona fide offer of employment or terminated employment, without good cause, within 30 days prior or equal to the date the TANF Application is filed.
Note:  The day prior to the TANF Application date counts as day 1 of the 30 day period.

Voluntary quit or refusal of employment provisions will not apply:
1.	If the quit occurs anytime after the date of application; 
2.	To an individual being added to an ongoing case;
3.	To a minor dependent child(ren); or 
4.	Upon receipt of a new application when the household was eligible for a TANF benefit in the month prior to the new Application/Request for Benefit date (even if the benefit amount was zero).  Since there is no break in assistance for a full calendar month, the case is considered an ongoing case.

400-19-45-75-10 – Voluntary Quit - Removed the process from this section to determine a Voluntary Quit after application and moved it to 400-19-45-75-20, Determination of Job Quit/Refusal of Employment.

Voluntary quit is defined as a job termination due to the action or inaction of the terminated individual.  This includes failing to attend required training for a job an individual has been hired. 

Voluntary Quit applies when the individual:
1.	Voluntarily quits a job without good cause;
2.	Simply leaves the job unannounced or does not return to work;
3.	Had been warned by the employer and continues the objectionable behavior after the warning and is terminated;
4.	Is continually late for work or does not show up for work; or
5.	Is terminated for misconduct.

If the individual states they quit a job and is claiming good cause, an employer contact may be necessary.  However, if the individual is not claiming good cause, an employer contact is not required. In either situation, the information used in the determination must be thoroughly documented in the case file.

At the time a household applies for TANF, the TANF Eligibility Worker must determine whether a TANF household member refused a bona fide offer of employment or terminated employment, without good cause, within 30 days prior or equal to the date the TANF Application is filed.  If it is determined the household member did not have good cause, the application must be denied.

Voluntary Quit does not apply when:
1.	The reason for the termination/reduction was beyond the 	individual’s control;
2.	Terminating a self-employment enterprise;
3.	Resigning a job at the demand of an employer; 
4.	At the time an individual quits a job, new employment at 	comparable wages or hours had been secured.
Note:  If the individual is then laid off, or, through no fault of their own loses the new job, the earlier quit will not be considered a job quit.

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. 
1.	If the individual is a JOBS Participant, the determination will be made by the JOBS Employment Contractors based on the good cause determination process.  
a.		If the individual quit or refused a job offer without good cause, after the application was filed but prior to the TANF case being approved, the JOBS Employment Contractor will deem the individual as failing to meet JOBS Up-front eligibility.  The referral will be returned and the TANF Eligibility Worker must deny the application.
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.
b.		If the individual quit or refused a job offer without good cause, after the application was approved, the JOBS Employment Contractor must recommend a JOBS Sanction.  

5. If an individual is exempt from participation in the JOBS Program, job quit or refusal of employment will not apply.

400-19-45-75-20 – Determination of Job Quit/Refusal of Employment - Added the information removed from section 400-19-45-75-10 – Voluntary Quit as well as additional clarification due to the changing the responsibility of determining a Job Quit/Refusal of Employment after the TANF Application Date to the JOBS Employment Contractors.

Upon receipt of the application, the TANF Eligibility Worker must determine whether a TANF household member refused a bona fide offer of employment or terminated employment, without good cause, within 30 days prior or equal to the date the TANF Application is filed.  

If it has been determined that a bona fide offer was refused or employment was terminated by a household member without good cause during the 30-day period prior or equal to the date the application is filed, the household will be ineligible for 30 days following the actual date of refusal or termination of employment. The earliest date the household could be determined eligible is the 31st day after refusal or termination. (The day of refusal or termination is not counted as part of the 30-day period.)
Example: The household applied for TANF on April 15th. Head of household was employed until April 14th, when the employer fired the individual for poor attendance. A firing due to poor attendance would be considered a job quit.  
	
The household will not be eligible for TANF until the 31st day AFTER the job quit or effective May 15th.   The application must be denied for April.  The same application can be used to register and determine eligibility for May. The automated computer system will pro-rate the May benefit from May 15th, the date of eligibility based on the job quit.

Effective June 1, 2010, JOBS Employment Contractors will be required to make a good cause determination of a job quit or refusal of employment for TANF applicants who quit a job or refuse employment any day following the TANF Application Date. The JOBS Referral has been enhanced to display the TANF Application Date.  
Note: The TANF Eligibility Worker is required to make the job quit or refusal of employment determination for periods prior to or on the TANF Application date.
 
The following procedure will be followed by the JOBS Employment Contractors when determining whether an individual Quit a Job or Refused Employment with or without ‘good cause’:
1.	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.)
a.	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.
i.	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.
ii.	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.
b.	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:
i.	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.
ii.	After the ‘good cause’ or ‘exemption period’ end date, the ‘good cause’ process must be initiated.  
1.	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.
2.	If ‘good cause’ does not exist, a recommendation for sanction must be sent to the TANF Eligibility Worker.
c.	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:
i.	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.
ii.	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.

400-19-45-90-10 – Benefit Cap Factors of Eligibility  - Added a new #7 as children conceived after October 1, 2008 during a month in which the caretaker was in receipt of Diversion are not considered a Benefit Cap child. 

7.	If, on or after October 1, 2008, conception occurred in a month in which the legally responsible caretaker was in receipt of Diversion. 

400-19-45-95-15 – Misrepresentation of Residence  - Clarified this section that if the court conviction does not include the period of disqualification, information must be forwarded to the Appeals Supervisor to process the findings under the IPV provision, but a true IPV is not pursued.

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. 
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 the court conviction does not include the period of disqualification, In addition to the court conviction the individual TANF Eligibility Worker must forward the following information to the Appeals Supervisor shall also be referred to process the findings under for an the Intentional Program Violation (IPV) provisions.(See Section 400-19-135-20, Types of Iintentional Program Violations.)  
•	Criminal Complaint;
•	Judgment or Order; and
•	A cover letter detailing the violation and providing the name, address, and Vision Case and Client ID number.   Inclusion of any prior disqualifications should also be noted.

Upon receipt of the Findings and Order, signed by the Executive Director of the Department,  Since the individual was convictedin 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 has not been convicted in federal or state court of receiving TANF in 2 states simultaneously, or was not in receipt of TANF when convicted in federal or state court of receiving Medicaid, SNAP and/or SSI, 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.

400-19-50 – Eligibility Rules Governing Participation (Codes) - Added information under the Participation Codes listed here for clarification purposes.  If not listed, no changes were made.

The automated computer system is programmed with the participation and eligibility rules which govern TANF.  These rules determine the participation code which calculates the benefit level for each household based on all factors of eligibility.    

Each individual’s eligibility to participate as well as their effect on others found eligible are detailed as follows:

•	SSI Recipient (SS):  An individual in receipt of Supplemental Security Income (SSI), including those in receipt of presumptive SSI.

An SSI individual is not included as a member of the TANF household.  Their income and equity value of all assets owned solely or jointly by any SSI recipient shall be exempt in determining TANF eligibility. An asset owned solely or jointly with an SSI recipient is an excluded asset.  SSI Recipients are not eligible to participate in the JOBS Program and are not eligible to receive JOBS Supportive Services. 

•	Minor Parent’s Parents (MP):  A mother and father (natural or adoptive) who are not otherwise eligible for TANF and who have a child who is a minor parent and the minor parent and minor parent’s child reside with them.  

The income (but not assets) of the minor parent’s parents is considered available to the TANF household and is subject to the same disregards as stepparents when determining eligibility for remaining household member(s).  The minor parent’s parents are not eligible to participate in the JOBS Program and are not eligible to receive JOBS Supportive Services.

When minor parent budgeting is used, no child support assignments are filed against the parents because their income is already taken into account.

•	Stepparents (ST):  A person married to a parent of a child to whom the person is not the parent either by birth, or adoption or marriage.
Note:  The individual will not be treated as a stepparent if the individual has a natural or adopted child residing in the home and is in receipt of TANF. 

Stepparent’s income and assets are considered, and allowable disregards and expenses are deducted when determining eligibility for remaining household member(s). (See Section 400-19-55-05-20, Stepparent Assets and Section 400-19-55-15-30, Stepparent Income.)   Stepparents are not eligible to participate in the JOBS Program and are not eligible to receive JOBS Supportive Services.

•	Ineligible Individuals (OU):
1.	Ineligible Caretakers (OU): Caretakers who have children residing with them for whom they are not the parent but to whom they are related within the 5th degree of relationship.

Ineligible caretakers are not included as members of the TANF household and their income and assets are not considered when determining eligibility for remaining household member(s).  These individuals are not eligible to participate in the JOBS Program and are not eligible to receive JOBS Supportive Services.

3. Ineligible Household Members (OU): Individuals who are:
a.	Not related to the Primary Individual within the 5th degree;
b.	Children related within the 5th degree to the Primary Individual but who do not meet the age requirements or are not deprived of parental support and care;
c.	Residing in a public institution for a full calendar month;
d.	Not a resident of the State of North Dakota;
e.	Married caretakers who have a child residing with them, to whom they are not related in the 1st degree; and  
f.	Individuals who are not otherwise eligible.

Ineligible Household Members are not included as members of the TANF household and their income and assets are not considered when determining eligibility for remaining household member(s).  These individuals are not eligible to participate in the JOBS Program and are not eligible to receive JOBS Supportive Services.

•	Disqualified Alien (DA):  These are individuals who are not US citizens and do not meet the citizenship requirements of the TANF Program.

Disqualified Aliens are not included as members of the TANF household but continue to have their income and assets considered when determining eligibility for remaining household member(s).  These individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care).  Disqualified Aliens are not eligible to participate in the JOBS Program and are not eligible to receive JOBS Supportive Services.

400-19-55-05-15 – Countable Assets - Added a new #3 as any portion of an Individual Indian Monies account not counted as income for a month, if retained by the household, is counted as an asset.  Added a new #3 resulted in renumbering of the rest of the list.
3.	Individual Indian Monies Accounts -- The value of all interests of Individual Indian Monies Accounts in trust or restricted lands, including mineral rights, are exempt from the asset limit pursuant to the Indian Judgment Distribution Act of 1973.

Monies in IIM accounts are payments from range unit leasing, farm leases, gravel pit contract, sales, etc.  Any portion that is not counted as income for a month, if retained by the household, would count as an asset the following month.

400-19-55-05-20 – Stepparent Assets - Clarified that since the stepparent is required to be included as an eligible household member, the stepparents assets are counted in determining eligibility for the household.

A stepparent's assets, whether owned exclusively by the stepparent or jointly with the natural parent, are considered available in their entirety to the spouse and the stepparent. When the TANF household with a stepparent includes the natural parent, the equity value of those assets must fall within program asset limitations or the entire household is ineligible. If the natural parent is not in the household but the children remain in the household with the step-parent, since the stepparent must be included as an eligible household member, the assets are not of the stepparent and children are considered available to the children, unless the stepparent is also in receipt of TANF. 

400-19-55-05-35 – Disqualifying Transfers of Assets - Added a note after the first paragraph that a transfer of an exempt asset is not considered a Disqualifying Transfer.  The remainder of the section is unchanged.

The transfer of any property without adequate consideration is disqualifying if the transfer was for the purpose of becoming eligible or to remain eligible for this program.  The household’s intent and the lapse of time between such transfer and the TANF Application are among the factors which must be evaluated.  The 12-month period prior to the month in which a TANF Application is received must be reviewed for the occurrence of a transfer of assets.  Evaluate on-going cases when appropriate for a disqualifying transfer of assets.
Note:  A transfer of an exempt asset (See Section 400-19-55-05-30, Exempt Assets) is not considered a Disqualifying Transfer.
400-19-55-20-15 – Countable Unearned Income Types  - Added a new #4 as Public or Private Disability Payments are considered Unearned Income.  Adding the new #4 resulted in renumbering of the rest of the list.

The second paragraph of renumbered #7 a. has been clarified as Child Support Enforcement defines the collection month of a Child Support Payment as the date on which the payment is received by the State Disbursement Unit.

4. Public or Private Disability Payments – Disability insurance coverage is designed to provide assistance to individuals who are injured, ill, or disabled and unable to work by paying them all or a portion of their salaries.  A private disability insurance type of coverage can be obtained through an employer or through the purchase of a private insurance.  These plans can provide short-term and long-term disability coverage or both.  (e.g. State of North Dakota Disability benefits, AFLAC, CIGNA, Thrivent, etc.)

7.	a. Child Support Received by the Household - Child support payments received by a household prior to the date the case is authorized must be counted when determining eligibility and the TANF benefit.  This income, along with any child support that can be anticipated to be received in the initial two months (whether or not it is assigned to the State), must be considered when determining eligibility. If the household is financially eligible, only the child support received is counted when determining the TANF benefit.  
Note:  Any child support received by the TANF recipient on behalf of a benefit cap child or a child subject to Pay After Performance (PAP) requirements is considered unearned income to the household.

Child Support Enforcement defines the collection month of a Child Support Payment as either the date on which the payment is received by the State Disbursement Unit. or, in cases of income withholding, the date the income is withheld to meet the support obligation. Any child support received by the household during the first two prospective months which Child Support Enforcement has credited as a prior months collection is not considered countable income when determining eligibility.  For that reason, special care should be taken to identify the collection month on any support received early in either of the initial months.

400-19-55-25 – Disregard of Certain Income - Rewrote #4 to include information about the three different programs under AmeriCorp.  Also made minor changes to #31 and #40.

4. 	AmeriCorps VISTA Payments – There are three different programs under AmeriCorps.  The education awards for college tuition or loan repayment and the living allowances are disregarded from consideration. Eligible individuals for the AmeriCorps income will include students at least 17 years old who have or agree to get a high school diploma and must be a U.S. citizen or permanent resident.
a.	AmeriCorps State and National:  Provides funds to local and national organizations and agencies committed to using national service to address critical community needs in education, public safety, health and the environment.

b.	AmeriCorps VISTA:  A is the national service program designed specifically to fight poverty. Founded as Volunteers in Service to America in 1965 and incorporated into the AmeriCorps network of programs in 1993, VISTA has been on the front lines in the fight against poverty in America for more than 40 years. 

c.	AmeriCorps NCCC(National Civilian Community Corps):  A fulltime team-based residential program for men and women age 18-24.  Members are assigned to one of five campuses, located in Denver, CO, Sacramento, CA, Perry Point, MD, Vicksburg, MS and Vinton, IA

31.	Payments to Volunteers – Payment for services or reimbursement for out-of-pocket expenses made to individual volunteers serving as foster grandparents, senior health aides or senior companions, persons serving in the Service Corp of Retired Executives (SCORE), Active Corps of Executives (ACE), Volunteers In Service to America (VISTA) AmeriCorps, and any other programs under Titles I, II, and III of Section 418, Public Law 93-113.

40.	VISTA Payments – See AmeriCorps VISTA and Payments to Volunteers

400-19-55-30-05– Allowable Expenses for TANF Household Members  - Added clarification that expenses deducted from income that is determined a terminated source cannot be allowed when retrospective budgeting unless the expense will continue and is being paid.

TANF household members (excluding stepparents and minor parents’ parents’) are allowed the following expenses to be deducted from income when calculating benefits:
1.	Paid court-ordered child support;
2.	Paid court-ordered spousal support; and
3.	Child or adult dependent care for paid employment subject to the maximum limits when those expenses are not paid through the Child Care Assistance Program. 

If an expense is deducted from income that was determined to be a terminated source, the expense cannot be allowed when retrospective budgeting unless the expense will continue and is being paid.

Expenses or JOBS supportive services that are reimbursed and included in the TANF benefit cannot be allowed as an expense.   

400-19-60-05 – Overview of Special Items of Need – Clarified this section to define when essential services can be paid due to the medical condition of ineligible household members.

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.
Exception #1:  Essential Services are also available for the well being of a TANF household member, when the need is due to the medical condition of an individual in the household with the following participation codes:
•	‘SS’ - SSI Recipient, 
•	‘OU’ - Ineligible Caretaker,
•	‘DA’ - Disqualified Alien, or
•	‘ST’ – Stepparent to individuals who have participation codes of ‘OU’ or ‘SS’
Exception #2:   The Housing Allowance is a benefit to the TANF family, not a single individual.  Therefore, if the household is eligible for TANF, the household will receive the $50 housing allowance.

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.

400-19-60-10 – Types of Special Items of Need -  Rewrote #6 to clarify policy when this Special Item of Need can be allowed.  There were no changes to the remaining Special Items of Need.

6.	Housing Allowance – A TANF family (including one whose Primary Individual is a Minor Parent) who has an independent living arrangement or sole responsibility for all housing costs whose housing is not otherwise subsidized is eligible to receive an additional $50 per month.   

For purposes of this section, a TANF Family includes the following an individual or group of individuals:
1.	An individual or group of individuals wWho reside together:

2.	Who are related within the 5th degree by either birth, marriage or adoption; and 

3.	Whose needs are included in a TANF benefit (IN) or (OH), or if their needs are not included in the TANF benefit, because the individual is:
a.	In receipt of Supplemental Security Income (SSI) benefits (SS);
b.	An alien who does not meet citizen and alienage requirements (DA - Disqualified Alien);
c.	Ineligible for TANF benefits due to the imposition of a sanction (DI - Disqualified JOBS) or (DM -Disqualified Child Support);
d.	Ineligible for TANF benefit due to being disqualified (DF - Disqualified Fraud), (DD - Disqualified Drug)
e.	Subject to Pay After Performance requirements;
f.	A stepparent (ST) or a legal dependent of a stepparent;
g.	A minor parent’s parents (MP) or a legal dependent of the minor parent’s parents.
h.	An individual who does not meet the TANF eligibility requirements (e.g. age, citizenship, deprivation, etc.), but is a legal dependent or a legally responsible caretaker of a member of the TANF family (does not include roomers or boarders).

Sole Responsibility for Shelter Costs means the TANF Family is responsible for the full amount of rent or, if purchasing a home, the mortgage, property insurance, property taxes, special assessment, repairs, and improvements of the home.

A TANF family DOES NOT have sole responsibility for shelter costs (and is NOT eligible for the additional $50 Housing Allowance) if:
1.	The family receives a subsidy for housing costs, resides in public housing, receives free housing, or is not solely responsible for the assistance unit's housing costs; or
2.	The TANF family includes an individual who is at least eighteen years of age and not a member of the family or is not a legal dependent of a member of the TANF household, including a non-legally responsible relative who opts out of receiving TANF Benefits;
3.	Any member of the family receives assistance for the payment of housing costs from someone not residing in the family.
Exception: The family receives one month of temporary assistance with their rent or mortgage from an agency (e.g. Community Action, local social service agency, housing/shelter assistance through JOBS supportive services, etc.).
 
All individuals residing together in the household must be members of the TANF family and the TANF Family must be solely responsible for housing costs in order to be eligible for the $50 Housing Allowance.  If anyone other than a member of the TANF family as defined above reside in the household, the TANF family is not considered to have sole responsibility for all housing costs and therefore, is not eligible for the $50 Housing Allowance.
Example #1 – Household consists of mom and three children. No other individuals reside in the household.  Mom and her three children are all members of the TANF family. The TANF Family is responsible for rent in the amount of $600 a month. The rent is not subsidized in any way. The household is eligible for the additional $50 Housing Allowance.
Note: If anyone other than a TANF Family member resided in the home, this household would not be eligible for the $50 Housing Allowance.

Example #2 – Household consists of mom, boyfriend, child in common and mom’s child from another relationship. All members meet the definition of a TANF Family. The TANF family is responsible for the $600 per month rent. The rent is not subsidized in any way. The family is eligible for the additional $50 Housing Allowance.
Note: If this household did not include a child in common, all members residing in the home would not be members of the TANF family and thus would not be eligible for the additional $50 Housing Allowance.

Example #3 - The family lives in and is buying a home. The family consists of dad and his three children. The family pays the cost of mortgage, property insurance, property taxes, special assessment, repairs, and improvements. Dad's 20-year-old daughter returns home.
a.	If the daughter is a legal dependent, the family would be eligible for the additional $50 Housing Allowance even if the daughter contributes towards the housing costs.
b.	If the daughter is not a legal dependent the family would not be eligible for the additional $50 Housing Allowance regardless of whether she contributes towards the housing costs; this since she is not considered a member of the family.

Example #4 - A minor parent and her child are living with the minor parent's parent (grandmother).   This is a three-generation case.  The family resides in the minor parent’s parents’ home.  The family pays the cost of mortgage, property insurance, property taxes, special assessment, repairs, and improvements.  This family would be eligible for the additional $50 Housing Allowance.

Example #5 – Mom and her three children live with mom's mother and father.  Mom pays the $100 per month rent that is charged.  
a.	If all reside in one residence, the family is not eligible for the additional $50 Housing Allowance.
b.	If Mom and her three children reside in a separate, identifiable residence within the home (apartment), the family is eligible for the additional $50 Housing Allowance.

Example #6 - Mom and her child share a home with Mom's aunt and aunt’s child. Both mom and mom's aunt are primary individuals for TANF families.  Neither family is eligible for the additional $50 Housing Allowance.

Example #7 – A minor parent and her child are attending and residing at Job Corps in Minot, which provides housing with the training. This family is not eligible for the additional $50 Housing Allowance.

Example #8 - A minor parent and her child are living with the minor parent's parents (grandparents). The grandparents are not eligible for TANF. This family is not eligible for the additional $50 Housing Allowance.

The following circumstances shall not be considered when determining eligibility for the $50 Housing Allowance:
1.	The amount of the rental expense; 
2.	Whether the rent is actually paid when due, provided the individual remains responsible for the entire amount;
3.	The individual is responsible to pay shelter expenses other than rent (e.g. upkeep of the home, utilities, etc.)

400-19-65-15 – Types of JOBS Supportive Services – Clarified #3, Housing/Shelter Assistance to indicate that this Supportive Service can only be paid if the family did not receive TANF in the month prior to the month of Application.

3.	Housing/Shelter Assistance - Housing/shelter assistance may be used to pay rent or mortgage, a deposit on a rental unit, utility bills to avoid a shut-off or costs to resume service after a shut-off and must be the payer of last resort.   Payment of rent can be made for two months prior to the application month, the month of application, and one month following the application month, provided the family did not receive TANF in the month prior to the month of application.  The family must be able to demonstrate that they will be able to sustain payment of these expenses for future months. (The income remaining after subtracting other expenses must be sufficient to pay the housing/shelter expenses without additional assistance.)
Note:  Refer to Job Readiness Assistance (below) for assistance relating to utility shut-offs for ongoing cases.

All requests for assistance with housing/shelter expenses must be submitted to the State TANF/JOBS policy staff for approval.  The request must include the calculation for sustainability.  Hard copy verification of the expense is required from the family before a payment may be made. 
NOTE: Payment of rent or mortgage expenses through supportive services is temporary in nature and not considered subsidized housing.

Payments for Housing/Shelter expenses cannot exceed actual costs and are made to the vendor utilizing the Vendor Payment process.  (See Section 400-19-65-35, Vendor Payment Process.)

400-19-70-30 – ‘Good Cause’ for Refusing to Cooperate - Under the TANF ELIGIBILTIY WORKER ROLE IN OBTAINING EVIDENCE section, removed the wording regarding contacting the absent parent or alleged father during investigation of a ‘good cause’ claim as this should not be done.  All other sections remain unchanged.

TANF ELIGIBILITY WORKER ROLE IN OBTAINING EVIDENCE – While the obligation to produce evidence necessary to support a ‘good cause’ claim remains the custodian's basic responsibility, the custodian may request the TANF Eligibility Worker to assist in obtaining evidence.  The TANF Eligibility Worker must actively assist in obtaining evidence when the individual is not reasonably able to do so and promptly notify the custodian if additional evidence or documentation is necessary.  The custodian may be able to provide specifics as to the type of document or record that they believe may be available to support the claim and its source.

The TANF Eligibility Worker is obligated to assume direct responsibility for investigating a ‘good cause’ claim when the custodian's claim is believed to be authentic even though confirming evidence may not be available. This need may occur when the claim is based on a fear of serious physical harm and the claim is believed by the TANF Eligibility Worker.  Such investigation will be conducted without requiring corroborative evidence by the custodian, and may involve a careful review of the case record, evaluation of the credibility of the custodian's statements, and/or a confidential interview with an observer who has good reasons for not giving a written statement. Based on such an investigation and professional judgment, the TANF Eligibility Worker may find that good cause exists without the availability of absolute corroborative --evidence. 

During the investigation of a ‘good cause’ claim, care must be taken to ensure that the location of the custodian and child(ren) are not revealed.  However, contact with the absent parent or alleged father may be deemed necessary to establish the claim.   Before doing so, the TANF Eligibility worker must secure a release of information from the custodian.  This affords the custodian the opportunity to:
1.	Present additional information that makes contact with the absent or alleged father unnecessary;
2.	Withdraw the application or have the case closed, or
3.	Withdraw their claim of ‘good cause’.
	
400-19-75-10-20 –Non-Exempt (Work Eligible) Individuals - Added clarification as a non-recipient in #3 may not be a parent.

All individuals who are not exempt or excluded shall be referred to the JOBS or Tribal NEW program as determined appropriate, and are required to participate to the best of their abilities.  Non-exempt individuals are defined as:
1.	Any adult receiving assistance under TANF, including individuals subject to Pay after Performance requirements;
2.	Any minor child head of household receiving assistance under TANF;
3.	Any non-recipient parent caretaker living with a child receiving assistance, including:
•	A parent caretaker who is sanctioned due to non-compliance with work requirements (DI)
•	A parent caretaker who is disqualified due to intentional program violations (DF)
•	A parent caretaker who is disqualified due to being a fleeing felon (DD)
•	A parent caretaker who is disqualified due to a drug felony (DD)
•	A parent caretaker who is disqualified due to parole or probation violation (DD), or 
•	A parent caretaker who is disqualified for non-compliance with Child Support Enforcement (DM)
NOTE:  A caretaker is not eligible to participate in the JOBS Program if their participation code is ‘DA’ ‘SS’, ‘ST’, ‘MP’ or ‘OU’, except those who are ‘OU’ as a Pay After Performance caretaker.
4.	Any child, age 16 and older, who is not attending school or who is pursuing a GED. 

400-19-75-20-10 – Good Cause – State Review Team (SRT)  - Added clarification in the first paragraph that ALL requests for JOBS Good Cause that are sent to the State MUST be sent to State TANF Policy and not directly to the State Review Team.  All other paragraphs remain unchanged.

When a claim of good cause for non-participation in JOBS or Tribal NEW is based on a medical reason, either the TANF Eligibility Worker or JOBS Employment Contractor must complete SFN 451 ‘Eligibility Report on Disability/Incapacity’ and request the individual provide medical evidence.  This information must be submitted to State TANF Policy to ensure all necessary information is included with the request. Once State TANF Policy determines all necessary information is received, the information will be submitted forwarded to the State Review Team (SRT) for a determination.   
Note:  While it is the responsibility of the applicant or participant to ensure that medical evidence is provided for review by the SRT, the TANF Eligibility Worker or JOBS Employment Contractor may assist the individual in obtaining this information.    

400-19-75-40-15 – Referrals for Sanctioned Individuals - Added clarification to the first full paragraph that explains the referred individual’s responsibilities, which were accidentally omitted.   All other paragraphs remain unchanged.

Referred individual 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.  

An individual who is referred to JOBS or Tribal NEW (including individuals whose exemption or good cause has ended) is required to contact JOBS or Tribal NEW to schedule an initial appointment within seven (7) days from the print date of the referral. The contact must be made prior to the close of business of the JOBS or Tribal NEW office’s last working day within the required seven (7) calendar day period. The day after the referral print date is considered day one of the seven (7) calendar day period.  
Note: The day after the referral print date is considered day one of the seven (7) calendar day period.

Example: A new TANF applicant is being referred to JOBS or Tribal NEW. The individual’s JOBS or Tribal NEW referral form is printed on Monday, June 27. Based on the seven (7) calendar day period, the individual would be required to contact JOBS or Tribal NEW by Monday, July 4. However, JOBS or Tribal NEW office will be closed on Monday, July 4, due to the Independence Day holiday. Because the referral period can only be extended due to severe weather or other emergencies, the individual is required to contact JOBS or Tribal NEW by the close of business on Friday, July 1 (the last working day within the seven (7) calendar day period).

400-19-75-40-30 – Failure or Refusal to Enroll or Participate in the JOBS or Tribal NEW Program - Added a note at the end of this section that a good cause determination meeting is not required when an individual fails to comply with JOBS Up-Front eligibility requirements.  All other paragraphs remain unchanged.

Note:  A good cause determination meeting is not required in instances where an individual fails to comply with JOBS Up-front eligibility requirements (which may include completion of a Proof of Performance). (See Section 400-19-75-40-35-05, TANF Eligibility Worker Responsibility.)

400-19-80-15 – Referrals to Tribal NEW Programs - Added clarification to which Tribal NEW program an individual from North Dakota should be referred to.  #5 remains unchanged.

The Tribal Native Employment Works (NEW) Programs may provide services to Native Americans, as defined in the Memorandum of Understanding (MOU).   Based on the TANF State Plan, effective October 1, 2007, participants in the Tribal NEW programs are excluded in the work participation rate calculation.

All individuals referred must contact Tribal NEW within seven (7) days from the date of the referral and attend their scheduled appointment to develop a Tribal NEW service plan.

If the individual fails to comply, Tribal NEW must immediately return the referral to the TANF Eligibility Worker.  The TANF Eligibility Worker must:
1.	In the case of a new application, deny the application; or
2.	In an ongoing case, the good cause determination process must be initiated and a sanction imposed if good cause is not shown.

Based on each tribe’s service area, Tribal NEW programs in North Dakota agree to serve Native American TANF clients from their own Tribe as well as any other federally-recognized Tribe.  Individuals should be referred to the Tribal NEW program based on the following: 
1.	Standing Rock Sioux Tribal New will provide services to Native American TANF recipients from Standing Rock Sioux tribe as follows:
a.	Native American TANF recipients who are attending or planning to attend either post-secondary or vocational education have a high school diploma or GED regardless of where they are attending school in the State and express an interest in pursuing higher education; and
b.	Native American TANF recipients age 20 or older, residing in Sioux County who do not have a high school diploma or GED;

2.	Spirit Lake Sioux Tribal program will provide services to Native American TANF recipients from the Spirit Lake Sioux tribe as follows:
a.	Native American TANF recipients who are attending or planning to attend either post-secondary or vocational education, regardless of where they are attending school in the State; and
b.	Native American TANF recipients who resideing in Benson County who have completed high school or GED and are actively enrolled in higher education;

3.	Three Affiliated Tribes Tribal NEW program will provide services to Native American TANF recipients from Three Affiliated Tribes as follows:
a.	Native American TANF recipients who are attending or planning to attend either post-secondary or vocational education, regardless of where they are attending school in the State; 
b.	Native American TANF recipients residing in Dunn, McKenzie, McLean, Mercer or Mountrail counties who have completed high school or a GED and express an interest pursuing higher in further education;
c.	Native American TANF recipients residing in Dunn, McKenzie, McLean, Mercer, or Mountrail counties whose TANF eligibility is expected to end within the next 12 months;
d.	Native American TANF recipients who are residing in Dunn, McKenzie, McLean, Mercer, or Mountrail counties who are age 20 or older and do not have a high school diploma or GED;

4.	Turtle Mountain Band of Chippewa (TMBC) Tribal NEW program will provide services to Native American TANF recipients from the TMCB as follows:
a.	Native American TANF recipients who are attending or planning to attend either post-secondary or vocational education, regardless of where they are attending school in the State;
b.	Native American TANF recipients residing within Rolette County, who express an interest in pursuing a high school diploma or GED;
c.	Native American TANF children over age 16 residing within Rolette County who are a dependent of a Tribal NEW participant and who have dropped out of school;
d.	Native American TANF clients residing within Rolette County who are attending postsecondary or vocational education.

Example #1:  A Native American TANF recipient from the Standing Rock Sioux Tribe, who is residing in Ft. Yates, ND, and attending or planning to attend post-secondary education should be referred to the Standing Rock Tribal NEW program.

Example #2:  A Native American TANF recipient from the Standing Rock Sioux Tribe, who is residing in Belcourt, ND, and attending or planning to attend post-secondary education should be referred to the Standing Rock Tribal NEW program.

Example #3:  A Native American TANF recipient from the Standing Rock Sioux Tribe, who is residing in Fargo, ND, and attending or planning to attend post-secondary education, should be referred to the Standing Rock Tribal NEW program.

400-19-90-10 – Proof of Performance (POP) – Clarified that the Proof of Performance Periods are calendar days.  The remainder of the section remains unchanged.
A Proof of Performance (POP) is a specific period of time, of not less than 10 days 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 JOBS 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.

A sanctioned individual is required to complete a POP Period.  To complete a POP period, the individual must comply with the requirements of their Employability Plan for the entire period.  The length of the period is determined based on the number of sanctions that have been imposed against that individual.  TANF Policy recommends POP periods of:
•	A minimum of 10 calendar days for the first JOBS sanction; and
•	Fifteen (15) calendar days for all subsequent JOBS sanctions.  

400-19-95-25-15 – Ending a Child Support Enforcement Sanction After the Month of Ineligibility and Medicaid Closed Case Closes or Eligibility Ends - Added clarification that this section applies not only if the Medicaid Case Closes but also if Medicaid eligibility ended.

When a sanctioned individual reapplies for TANF after the Month of Ineligibility and Medicaid closed or the child for whom the non-cooperation exists lost Medicaid coverage prior to TANF reapplication, the Child Support Enforcement sanction must be Ended effective the last day of the Month of Ineligibility.  Child Support Up-front Eligibility requirements apply.  (See Section 400-19-35-15, Child Support Up-front Eligibility.)

400-19-95-25-20 – Curing a Child Support Sanction in a Month following the Month of Ineligibility and Medicaid Remains Open - Added clarification in addition to complete the Child Support Up-Front Eligibility requirements the individual must comply with requirements to cure any outstanding sanction.

When a sanctioned individual reapplies for TANF in a month following the Month of Ineligibility and Medicaid remains open, Child Support Up-front Eligibility requirements apply.  In addition, the individual must comply with requirements to cure any outstanding sanction.  (See Section 400-19-35-15, Child Support Up-front Eligibility.)
•	If the individual meets the Child Support Up-front Eligibility Requirements, a cure date equal to the Application date must be entered on the Sanction window upon notification from Child Support Enforcement.

400-19-105-15 – Prospective Budgeting - Added a paragraph to this section to address terminated source income when prospective budgeting.

Prospective Budgeting is determining eligibility and benefit amounts for the initial two months based on the best estimate of income, expenses and household circumstances in those months.  After the initial two months, all factors of eligibility, except income and expenses, must be considered prospectively each month to determine continued eligibility. 

The TANF Eligibility Worker must also gather supplemental information from the applicant to determine eligibility and benefits for the second month. The TANF Eligibility Worker must note the information on the Statement of Facts or the Application for Assistance (SFN 405) relating to the second prospective month. Income reasonably expected to be received and expenses expected to be incurred during the first two months must be used to determine the initial two months’ benefits. Previous months' pay stubs and expense receipts may be requested to assist in determining the most accurate amounts. The method(s) used to anticipate income and expenses during the initial two prospective months will vary according to the circumstances of each household. It is the responsibility of the TANF Eligibility Worker to decide on the best approach. Whatever the method used, it is imperative that the rationale for arriving at estimated income and expenses be clearly and thoroughly explained in the case narrative.

The TANF benefit is based on prospective income and expenses for the first two months and retrospective (two months prior to the benefit month) for all subsequent months. Benefits for the first prospective month will be made by immediate issuance. Benefits for the second prospective month will be made by regular issuance unless the second prospective month's benefits are authorized after its regular issuance deadline. 

If, in the first prospective month, ineligibility is caused by excess earned or unearned income, and ineligibility is expected to last for one month only, the household is ineligible and the application must be denied.
Note:  The application can be used to determine eligibility for the month following the month of denial and the new application month becomes the first prospective month. 

If, in the second prospective month, ineligibility is caused by the anticipated receipt of an extra check from a recurring earned or unearned income source and ineligibility is expected to last for one month only, the TANF case is suspended for that month and the following month becomes the second prospective month.  (Review Policy at 400-19-55-10-15, Income Resulting from the Receipt of an Extra Check.)
Note:  If the household is prospectively ineligible for any other reason, TANF must be closed at the end of the first prospective month. 

When the final payment of income is received during the 1st or 2nd prospective months, the income is considered a terminated source of income.  Income cannot be treated as a terminated source of income if it continues to be received in the 1st retrospectively budgeted benefit month.  (Review Policy at 400-19-55-10-10, Terminated Source of Income.)

The first monthly report filed by the household will contain the actual income and expenses from the initial month (the first prospective month). If the actual amounts are different from those used to determine the initial benefit, the initial month (first prospective month) must be reworked to establish an underpayment or overpayment for that month. A supplemental payment will be issued immediately to adjust any underpayment. Benefit adjustments for an overpayment will be made in subsequent months.
Note:  If the household is later determined ineligible for the first prospective month, the month continues to be considered the first prospective month and the budgeting cycle does not change.

The second monthly report filed by the household will contain the actual income and expenses from the second prospective month.   If the actual amounts are different from those used to determine the TANF benefit for the second prospective month, that month must be reworked to establish the amount of underpayment or overpayment. A supplemental payment will be issued immediately to adjust any underpayment. Benefit adjustments for an overpayment will be made in subsequent months.  (Also see Section 400-19-105-40-30, Budgeting for Persons Being Added to the Household.)

400-19-105-20 – Two-month Retrospective Budgeting - Added clarification in this section relating to reworking of the 2nd prospective month and eligibility for Transition.
Two-month retrospective budgeting is the computation of a household's eligibility and benefit based on actual income received and expenses incurred two months prior to the month for which the benefit is computed. 
Example:  March benefits are determined based upon the income and expenses that actually existed in the month of January. 

If excess earned or unearned income is received in a retrospective month, the household is ineligible and the TANF case must be closed, unless ineligibility was solely due to excess earned income.  If ineligibility was solely due to excess earned income, the household may be eligible for Transition Assistance. (Refer to Section 400-19-150, Transition Assistance).

Following the initial two months, each subsequent month's TANF benefit is computed retrospectively on the basis of income and expenses received and other relevant circumstances which occurred in the corresponding base month. 

The amount of the TANF benefit for the first month of retrospective budgeting is based on the income received and the circumstances existing during the corresponding base month (the initial month) which is of a continuous nature. 
Note:  If the household is later determined ineligible for the first prospective month, the month continues to be considered the first prospective month and the budgeting cycle does not change.

The amount of the TANF benefit for the second month of retrospective budgeting is based on income received and the circumstances existing during the corresponding base month (the second prospective month) which is of a continuous nature.
Note:  If the household is later determined ineligible for the second prospective month, the month continues to be considered the second prospective month and the budgeting cycle does not change
400-19-105-40-20 – Budgeting of Newborn - This section has been rewritten for clarification purposes.
The needs of a newborn will be added to the household as of the date of birth if:
1.	A written request is received within 10 days of the birth, and

2.	The SSN or application for SSN, verification of birth/relationship, and verification of identity are received within 30 days of the written request.  In addition, the signed SFN 403, Notice of Right to Claim ‘Good Cause’ must be received.

A written request is defined as:
•	A signed statement from the recipient, or
•	The receipt of any of the required verifications; or
•	Listing the individual on the monthly report, filed timely. 

When a newborn is reported on the monthly report and the birth is reported timely (within 10 days of the date of birth), consider the written request to have been made on the first day of the month in which the monthly report was received provided the monthly report was received by the normal deadline of the 5th day of the month (or the first work day after the 5th day of the month if the 5th day falls on a weekend or holiday). 
Note:  The newborn will be added effective the date of birth if the required verifications are received within 30 days from the date of the written request.  

Example   A baby was born on June 21st. The household reports the birth on the Monthly Report received by July 5th and includes all required verifications.   The baby is added as of the date of birth because the written request was deemed to be received within 10 days since the information was included on the timely monthly report.    A supplemental benefit is issued to the household for June and July to meet the financial needs of the baby.  
Note:  The date entered in the ‘Date Reported’ field in the automated computer system is July 1st.

When a newborn is reported on other than a monthly report  and the birth is reported timely (by a written request that is received within 10 days of the birth), the newborn will be added effective the date of birth, if the required verifications are received within 30 days from the date of the written request.
Example #1:  A baby was born on June 15th. The household provides a written request to add the baby on June 20th.    The required verifications are provided on June 30th.  The baby is added as of the date of birth, June 15th, because the written request was received within 10 days, and verifications provided within 30 days. A supplemental benefit is issued to the household for June and July to meet the financial needs of the newborn.
Note:  The date entered in the ‘Date Reported’ field in the automated computer system is June 20th.
 
Example #2:  A baby was born on June 15th. The household provides a written request to add the baby on June 20th.  The required verifications are not provided until July 24th. Since the verifications were not provided within 30 days from the written request, the baby is added effective July 24th and the benefit for the entire household will be prorated from July 24th.  
Note:  The date entered in the ‘Date Reported’ field in the automated computer system is July 24th.

If the newborn is not reported timely (within the 10 days from the date of birth), the newborn will be added effective the date of the written request if the required verifications are received within 30 days from the written request. 

If the newborn is not reported timely (within 10 days from the date of birth), and is reported the month following the month of birth, the entire case will be prorated from the date of the written request, provided all verifications are received within 30 days from the date of the written request.
Note:  When a Monthly Report, received timely (by the 5th day of the month), reports the birth of a child, but the birth occurred more than 10 days prior to the 1st day of the month in which the timely report is received, consider the written request to have been made on the date the monthly report is received.  

Example #1:  A baby was born on June 15th. The household reports the birth on the Monthly Report received by July 5th and includes all required verifications.   
•	The baby is not eligible to receive TANF for June as the birth was not reported timely.
•	The baby is added effective July 5th because the birth was not reported timely and both mom and the baby’s needs are prorated from July 5th.
Note:  The date entered in the ‘Date Reported’ field in the automated computer system is July 5th.

Example #2:  A baby is born on February 25th.  The household submits a written statement reporting the birth on March 10th and all verifications are received within the 30 days. Benefits for the month of March are prorated from March 10th, the date of the written request.
•	The baby is not eligible to receive TANF for February as the birth was not reported timely.
•	The baby is added effective March 10th because the birth was not reported timely and both mom and the baby’s needs are prorated from March 10th.
Note:  The date entered in the ‘Date Reported’ field in the automated computer system is March 10th.

If the newborn is not reported until after the month following the month of birth, the entire month following the month of birth is an overpayment. 
Example:  A baby is born on February 25th and the birth is not reported until April 5th and all verifications are received within the 30 days from the date of the written request.  
•	A supplement for the newborn is not issued for February nor is February an overpayment.  

•	The benefits for the month of March are an entire overpayment for the household because the newborn is a mandatory household member.  

•	The entire case will be prorated from the date of the written request, April 5th.
Note:  The date entered in the ‘Date Reported’ field in the automated computer system is April 5th.

Required verifications must be received before adding the newborn.  The ‘Date Reported’ that is entered into the automated computer system is the date the written request is received provided the required verifications are received within 30 days.
Exception:  Whether or not the baby is reported timely, if the required verifications are not received within 30 days from the date of written request, the ‘Date Reported’ must be updated to equal the date the verifications are received.

Upon receipt of a report of the birth of a baby, if the required verifications have not been received, immediately issue an advance (10-day) notice to the household to close the case since the newborn is a mandatory household member.  
•	If the required verifications are not received by the end of the report month, the case will close.
•	If the case closed and the required verifications are received within 30 days from the report date, the case must be reverted to open and continued eligibility determined.

If the birth of the baby is not reported within 10 days following the expected date of birth of the unborn, an advance (10-day) notice must be sent to the household to close the case since the newborn is a mandatory household member.

400-19-105-40-30 – Budgeting for Persons Being Added to the Household - This section has been rewritten for clarification purposes.

The household is required to report all individuals, other than a newborn, who enter a TANF household within 5 days from the date of entry.  The date of the verbal request must be documented in the case record as it is considered a request for benefits.  (For budgeting information when adding a newborn, see Section 400-19-105-40-20, Budgeting of Newborn.) 

The needs of an individual, other than a newborn, will be added to the household as of the date of the verbal request if:
1.	A written request is received within 10 days from the date of the verbal request;  and 
2.	The required verifications are received within 30 days of the written request.

A written request is defined as:
•	Listing the individual on the monthly report, or
•	A signed statement from the recipient, or
•	The receipt of any of the required verifications.

When a written request is received within 10 days from the date of the verbal request and the required verifications are received within 30 days from the written request, the individual is added to the household effective the date of the verbal request.
 
When a written request is received within 10 days from the date of the verbal request but the required verifications are not received within 30 days from the written request, the individual is added to the household effective the date the required verifications are received.
 
When a written request is not received within 10 days from the date of the verbal request and the required verifications are received within 30 days from the written request, the individual is added to the household effective the date of the written request.
 
When a written request is not received within 10 days from the date of the verbal request and the required verifications are not received within 30 days from the written request, the individual is added to the household effective the date the required verifications are received.
 
When an individual’s entry to the home is reported on the monthly report, received timely (the 5th day of the month, or the first work day after the 5th day of the month if the 5th day falls on a weekend or holiday), and the individual entered the household within 5 days prior to the 1st of the month in which the report is received, consider the request to have been made timely.
 
When an individual is reported on the monthly report and the household reported the individual entered the household timely (within 5 days from the date of entry), consider the request to have been made on the first day of the month in which the monthly report was received provided the monthly report was received by the normal deadline of the 5th day of the month (or the first work day after the 5th day of the month if the 5th day falls on a weekend or holiday).  
Note: The individual will be added effective the date of entry if the required verifications are received within 30 days from the date of the written request.
 
Example: An individual entered the household on June 28th. The household reports the individual entered on the Monthly Report received by July 5th and includes all required verifications.   The individual is added as of the date of entry because the date of entry was deemed to be reported within 5 days since the information was included on a timely monthly report.   A supplemental benefit is issued to the household for June and July to meet the financial needs of the individual.
Note: The date entered in the ‘Date Reported’ field in the automated computer system is July 1st.
 
If the household verbally reports an individual entered the household, but does not provide a written request within 10 days or the required verifications are not received within 30 days from the date of the written request, an advance (10-day) notice must be sent to the household to close the case if the individual is a mandatory household member.
 
Eligible individuals who are added to an existing TANF household must have their needs met as if they are applicants.   
•	If the individual being added to an existing TANF household received TANF benefits in North Dakota or another State in the month prior to the month being added, the individual’s benefit must be determined effective the 1st day of the month of request, or prorated from the date of eligibility, whichever is later. 
•	If the individual being added to an existing household did not receive TANF benefits in the previous month, the individual’s benefits are prorated from the date of request to be added or the date of eligibility, whichever is later.
 
If the individual being added to an existing TANF household did not receive TANF benefits or received TANF benefits in another state in the previous month, the individual’s income and expenses are budgeted prospectively for the first 2 months.  For the 3rd and subsequent months, the individual’s income and expenses are budgeted retrospectively.
Note: The prospective months are reworked for individuals added to the household using actual income and expenses.
 
If the individual being added to an existing household received TANF in North Dakota in the previous month, the individual’s income and expenses are budgeted retrospectively, unless the initial month in the new case is the individual’s second month of eligibility.

400-19-115-10 - Advance (10-Day) and Adequate Notice - Clarification was added to this section that the Exceptions to the Advance (10-Day) notice also apply to Adequate Notice.  

Combined the Adequate Notice and Adequate Notice of Sanction sections into one, as the same policy applies in both sections.

•	Exceptions to Advance (10-Day) and Adequate Notice Requirements
In the following situations, the TANF Eligibility Worker may dispense with the requirement of sending either an advance (10-day) or adequate notice.  
Note:  In these situations, a notice must be sent to the household no later than the date the action takes effect:

1.	Factual information exists confirming the death of a household member or of the payee when there is no other relative to serve as new payee;
2.	Information furnished by the primary individual in a monthly report calls for the reduction or termination of benefits, or the primary individual fails, without good cause, to submit a complete or timely monthly report;
3.	The primary individual provides a signed, clearly written statement (other than on a monthly report) providing information that requires a termination, reduction, or suspension;
4.	A household member enters a state institution, occupants of which cannot legally receive public assistance;
5.	The primary individual's whereabouts are unknown and mail directed to the primary individual is returned by the post office indicating no forwarding address. The TANF benefit must, however, be made available if the whereabouts become known during the payment period covered by the returned check;
6.	There is factual information that responsibility for providing assistance has been accepted by another state or jurisdiction;
7.	A child in the household is placed in foster care or a child is removed from the home by court order;
8.	A special item of need or JOBS supportive service is terminated at the end of a specified period;
9.	Reduction or terminating of benefits resulting from the imposition of an Intentional Program Violations
10.	Reduction or termination of benefits resulting from due to a child support or JOBS sanction; or
11.	Upon receipt of There is factual information confirming that the household is no longer a resident of the state. 

In the above situations, an Adequate Notice must be sent.

•	Adequate Notice/Sanction
An applicant or recipient must receive adequate notice of any decision made regarding their TANF benefit when an Advance (10-day) notice is not required. "Adequate" means a written notice that includes a statement of the action the county social service office intends to take, the reasons for the intended action, the specific reference(s) supporting such action, the right to a fair hearing, and the circumstances under which assistance is continued if a hearing is requested. Adequate notice must be generated sent to the household no later than the date the action takes effect close of business on the 3rd to the last working day of a month, so it is received by the household no later than the date the household would normally receive benefits. 
Adequate Notice of Sanction
To ensure that the household is provided notice of a sanction prior to the reduction of the TANF benefit, the TANF Eligibility Worker must create and send a TANF Sanction Notice no later than the close of business on the 3rd to the last working day of a month. This will allow the household to receive the sanction notice no later than the date it would normally receive its TANF benefit.

The sanction notice addresses case closure for non-cooperation with Child Support Enforcement and the JOBS Program. The household will not receive an additional closing notice upon case closure.

400-19-115-15 - Proper Notification When Reducing Benefits or Closing Cases - The requirement for an Adequate Notice has been removed from the first paragraph.

If information reported by the household on the Monthly Report, or in writing, results in ineligibility for the next benefit month, the case must be either suspended (if due to an extra check) or closed.  An adequate notice must be generated no later than the close of business on the 3rd to the last working day of a month, so it is received by the household no later than the date the household would normally receive benefits.  The effective date of the suspension or closing is the last day of the current benefit month.   The notice must be mailed no later than the date the action takes effect.

Except for those notification requirements related to action taken upon imposition of a Sanction, any If information received by the TANF Eligibility Worker that results in ineligibility but the information is not reported by the household on the Monthly Report, nor is it submitted in writing, that results in ineligibility requires issuance of an advance (10-day) notice must be issued before the case can be closed or suspended. 
•	If the notice can be generated 10 days prior to the regular TANF payment date, the effective dates of the closing or suspension are the same as in the previous paragraph. 
•	If an advance (10-day) notice cannot be generated within 10 days prior to the regular TANF payment, a payment must be issued. The effective date of the closing or suspension is the last day of the next benefit month. 
Note:  Any benefit paid to the household not eligible for such benefit amount shall be considered an overpayment subject to recoupment.

If a change in household circumstances results in ineligibility or a reduced benefit amount and the TANF Eligibility Worker is unable to send an adequate or advance (10-day) notice to reduce or terminate benefits due to time constraints, the TANF benefit must be authorized and paid. However, any benefit paid to a household not eligible for such benefit amount shall be considered an overpayment subject to recoupment.  (See Section 400-19-130, Overpayments and Underpayments.)
Exception #1: An Advance (10-Day) or Adequate notice is not required when the reason cited on the latest notice informed the household of a decrease in benefits or case closure and the reason(s) continue to be valid.    In this situation, the benefit can terminated or issued at the reduced amount.
Note:  If the reasons cited are no longer valid, and the household reports a change that would result in a new adverse action, the notification requirements in Section 400-19-115-10 Advance (10-Day) and Adequate Notice must be followed. 

Exception #2:  An Advance or Adequate notice is not required if the household was sent Advance or Adequate notice to terminate benefits and later that same month the household reports a change (or submits their monthly report) that results in the household receiving a benefit that is less than the benefit received in the prior month.  In this situation, the reduced benefit can be issued at the reduced amount.

Regardless of the notice being sent, the TANF Eligibility Worker must ensure that the North Dakota Administrative Code (N.D.A.C.) is included on the notice.

400-19-125-35 – Initiating Administrative Disqualification Hearing Procedures - This section has been deleted as it was placed here incorrectly.  It can be found at 400-19-135-30.

400-19-125-40 - Appeals Supervisor Action on Administrative Disqualification Hearing - This section has been deleted as it was placed here incorrectly.  It can be found at 400-19-135-35.

400-19-135-20 - Types of Intentional Program Violations - # 2 and #3 have been changed to reflect a clarification in policy that if the court conviction does not include the period of disqualification, information must be forwarded to the Appeals Supervisor to process the findings under the IPV provision, but a true IPV is not pursued.  #1 remains unchanged.

2.	Court Conviction – Fraud is a result of an individual being convicted in federal or state court of having made a fraudulent statement or representation which results in improperly establishing or maintaining eligibility for TANF benefits. 

Upon receipt of the judgment:
•	If the judgment includes a TANF disqualification period, impose the disqualification following the TANF disqualification timeframes. (See Section 400-19-135-40, Disqualification Time Frames.)

If the judgment does not include a TANF IPV disqualification period, the TANF Eligibility Workers must pursue an IPV through the Administrative Disqualification process forward the following information to the Appeals Supervisor to process the findings under the Intentional Program Violation (IPV) provisions: 
•	Criminal Complaint;
•	Judgment or Order; and
•	A cover letter detailing the violation and providing the name, address, and Vision Case and Client ID number.   Inclusion of any prior disqualifications should also be noted.

3.	Disqualification for Fraudulent Representation of Residence – Any individual convicted in federal or state court after July 1, 1997, of having made a fraudulent statement or representation 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. 
•	If the court conviction does not include the period of disqualification, the TANF Eligibility Worker must forward the following information to the Appeals Supervisor to process the findings under the Intentional Program Violation (IPV) provisions:  
•	Criminal Complaint;
•	Judgment or Order; and
•	A cover letter detailing the violation and providing the name, address, and Vision Case and Client ID number.   Inclusion of any prior disqualifications should also be noted.

•	Upon receipt of the Findings and Order, signed by the Executive Director of the Department, 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 has not been convicted in federal or state court of receiving TANF in 2 states simultaneously, or was not in receipt of TANF when convicted in federal or state court of receiving Medicaid, SNAP and/or SSI, a 10-year penalty must be imposed for TANF.

If an individual is not convicted in federal or state court, but has made a fraudulent statement or representation after July 1, 1997, 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. 

If an individual is not convicted in federal or state court, but has made a fraudulent statement or representation after July 1, 1997, 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.

Regardless of the type of IPV, the appropriate Notice of Disqualification must be sent to the household notifying the household that an individual is disqualified and/or assistance to disqualify the client and or will be reduced or ended assistance must be sent to the household.  The conviction and disqualification information and copies of supporting documents (including conviction information) must be recorded in the casefile.   If a disqualified person moves from one county to another, include disqualification information in the case transfer information.

After a disqualification hearing, there are no further appeal procedures available through the Administrative Hearing Process. The determination of Intentional Program Violation cannot be reversed by a subsequent hearing. The individual, however, is entitled to seek relief in a court of appropriate jurisdiction. The period of disqualification may be subject to stay or other action which would delay the imposition of the disqualification. 

400-19-135-35 - Appeals Supervisor Action - Added a note to the end of this section clarifying that before action can be taken as a result of the Appeals Supervisors decision, it must be signed by the Executive Director of the North Dakota Department of Human Services.
 
Upon receipt of the hearing decision, the county must take appropriate action.
Note:  The TANF Eligibility Worker must receive the order which is signed by the Executive Director of the North Dakota Department of Human Services prior to taking any action.

400-19-155 - Post-TANF (Formerly Transitional) Supportive Services - Added clarification that individuals must have been participating or required to participate in the JOBS program in their last month of TANF or Transition eligibility in order to be eligible for Post-TANF Supportive Services.
Post-TANF (formerly Transitional) supportive services may be provided to assist former TANF or Transition Assistance recipients to succeed in the workforce and thus avoid the need to receive further TANF benefits. These supportive Services may be provided to eligible individuals for up to six (6) months following the closure of their TANF or Transition Assistance case regardless of the reason for closure, provided, the individual was participating or required to participate in the JOBS program in their last month of TANF or Transition eligibility.  The six (6) month window of eligibility for Post-TANF Supportive Services begins on the first day of the first month following case closure.

Tribal NEW does not determine eligibility for Post-TANF Support Services.  Instead, determining eligibility for and issuing payment of Post-TANF Supportive Services is the responsibility of the TANF Eligibility Worker.

There are two supportive services available to former TANF recipients: 
1.	Post-TANF Transportation; and 
2.	Discretionary.
Former TANF recipients are eligible for Post-TANF Supportive Services if they:
1.	Have at least one deprived child residing in the home; and
2.	Reside in the state; and
3.	Are engaged in paid employment or a combination of paid employment and any education/training; and
4.	Have not reached their TANF Lifetime limit; and
5. Were required to or participate in the JOBS program in the last month of eligibility for TANF or Transition; and
6. Are not currently disqualified due to an Intentional Program Violation (IPV).
Note:  This applies even if the disqualification occurs after the individual’s TANF case has been closed.
The TANF Eligibility Worker or JOBS Employment Contractor may authorize the use of Post-TANF Supportive Services.   When authorizing the use of these services, a reasonable effort must be made to determine if a former TANF recipient is eligible for Post-TANF Supportive Services. Reasonable efforts include asking the former TANF recipient if all five criteria are met.

The JOBS Employment Contractor or TANF Eligibility Worker must ensure the individual remains employed.   When authorizing Discretionary Supportive Services, verification of expenses for which assistance is requested must be secured.

If the former TANF recipient is disqualified due to an IPV, the TANF Eligibility Worker should alert the JOBS Employment Contractor at the time of case closure or when an individual receives an IPV following case closure.