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 the changes addressed in the sections identified below.

	Par. 2. Effective Date – Clarifications and changes included in this manual letter are effective October 1, 2010, with the exception of the change to eligibility for Transition Assistance in section 400-19-150-10, which is effective October 1, 2010 for the Benefit Month of November 2010.  

Section 400-19-15-10 – Verification of Selected Factors of Eligibility - #9 was changed to reflect a change in policy to no longer require verification of pregnancy when a case consists of a pregnant woman with children other than an unborn.

9.	Conditions requiring professional examinations or judgments to establish the existence of incapacity or pregnancy;
Note:  In addition to verification of pregnancy when the case consists of a pregnant woman with no other child(ren), verification of the Estimated Date of Confinement (due date) is also required for each pregnancy.

Section 400-19-15-15 – Confidentiality – Minor wording changes were made to #1 and #2 for clarification purposes.  The note under Exception #2 of #2 was deleted as that is address later in this section.

Information concerning households receiving TANF may be released only for purposes directly connected with the administration of the 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 with the following exceptions:
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.	Information being requested by oOther 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, cannot be released without a signed release of information from the Primary Individual, with the following exceptions:
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 or receiving assistance in that State:
1.	If the individual was the Primary Individual (PI) of a case in North Dakota, the any information contained in the casefile can be released without a signed Release of Information.  
2.	If the individual was not the PI of a case in North Dakota, only that individuals information can be released.
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 cannot be released to the applicant or recipient or any other agency and can only be used for the purpose of determining eligibility.

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.

Section 400-19-15-45 – Interpreter Services - This is a new section that has been added as a result of the Refugees who will be eligible for TANF during the first eight (8) months of arriving into the United States.

Individuals residing in the United States who apply for TANF benefits may be in need of interpreter services.  Federal law requires ‘States and other providers of health and social services to avoid discrimination against Limited English Proficient (LEP) persons on grounds of national origin, and states and other providers of health and social services must take adequate steps to ensure that such persons receive free of charge the language assistance necessary to afford them meaningful access to the services.’
Note:  Based on state law, the cost of providing interpreter services to assist individuals when meeting with county staff is the responsibility of the county and are not reimbursable by the Department.

Section 400-19-45-05 – TANF Household Composition (Filing Unit) - added a new paragraph (7th paragraph) to include policy that states: ‘A child for whom a Subsidized Guardianship payment is received is not eligible for TANF and cannot be included in the household’.

Section 400-19-45-30 – Limitation to Pregnant Women – Updated the first paragraph to include the change in policy to no longer require verification of pregnancy when a case consists of a pregnant woman with children other than an unborn.  Also, the last paragraph of this section was moved to a ‘Note’ under the first paragraph.

As a condition of eligibility, when a case consists of a pregnant woman with no other child(ren), pregnancy and the estimated due date must be medically verified.  If there is another child(ren) in the case, while The case file must contain verification of the pregnancy and estimated due date should be requested, obtaining the verification is not required.  regardless of whether the unborn is the only child.   However, the estimated date the pregnant woman is due should be obtained, as this child will be a mandatory household member upon birth.
Note:  An unborn child of a pregnant woman with other child(ren) does not affect the household size or TANF benefit.

Section 400-19-45-40-10 – United States Citizenship – Fixed a typographical error by changing the date from November 14, 1996 to November 14, 1986 in 2.a.

Section 400-19-45-45-05 – Eligibility for Individuals Visiting In or Out-of-State – Fixed a typographical error in the second ‘Note’, by changing the word ‘consider’ to ‘continue’.  

Section 400-19-45-60-05 – Eligibility Requirements – Social Security Numbers – Clarified policy in the last sentence prior to the Documentation/ Verification of SSN or Application for SSN section, so when a redetermination is due in a month following the month an SSN was applied for and has not yet been received, the case does not need to be closed, but can remain open until the next redetermination that is due (following the receipt of the SSN) or 6 months following receipt of the SSN, whichever is earlier.  This will allow individuals ample time to obtain and submit their SSN.  The paragraph now reads: 
Recipients must provide verification of the Social Security Number within 6 months of receipt of the Form 5028, ‘Evidence of Application for Social Security Card’, or at the time of the next redetermination of eligibility following receipt of the social security number, whichever is earlier. Failure to do so renders the entire case ineligible.

Section 400-19-45-65-05 – Eligibility Requirements – Education – Wording and punctuation was changed in #2 and the ‘Note’ after #2 was changed to a separate paragraph in the Documentation/ Verification of School Attendance section.  This section now reads:

Documentation/Verification of School Attendance
 
Verification of school attendance is required for:
1.	A child age 16 to 18 ; or
2.	A child age 18, 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.

School attendance of any child age 16 or older must be verified at the beginning of the school year and the beginning of each term as defined by the school.  Verification may be secured more frequently if circumstances warrant.
Note: The automated computer system generates a notice to the household requiring verification of school attendance and anticipated date of graduation in August and January of each year.

 Section 400-19-45-75-10 – Voluntary Quit - Added additional reasons to this section that are ‘good cause’ for quitting a job’.  These reasons are some of the same reasons that an individual can refuse employment from the Refusal of Employment section.  

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.
 
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.	The wages paid do not meet applicable minimum wage requirements or are not customary for such work in the community;
5.	The ability of the individual to continue engagement in such employment or training for employment is questionable due to physical and/or mental reasons (e.g. victims of family violence, rash or asthma caused by working conditions) as verified by a qualified professional.
6.	The working conditions pose a health or safety hazard;
7.	The employer does not carry Workforce Safety and Insurance coverage;
8.	The individual no longer has the means to get to or from the job or training site even after exhausting all possible alternatives for transportation, provided the reason for lack of transportation is one which is beyond the individuals control;
9.	The individual, as a condition of employment, would be required to join a company union, or to resign or refrain from any bona fide labor organization, or would be denied the right to retain membership in and observe the lawful rules of any such organization;
10.	The gross wages are less than the allowable employment expense (27% or $180 and other expenses allowed under TANF, including those child/adult dependent care costs paid by the household);
11.	The employment is at an unreasonable distance from the individual’s residence (one-way travel time of one hour or less may not be treated as an unreasonable distance); 
12.	A parent or spouse whose substantial continuous presence in the household is necessary to care for a disabled family member living in the home to whom the individual seeking good cause owes a legal duty to provide care. The disabled family member must have a condition, verified by reliable medical evidence, which does not permit self-care, care by another household member, or care provided as supportive services.
13.	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.
14.	If an individual is exempt from participation in the JOBS Program, job quit or refusal of employment will not apply.

Section 400-19-45-75-20 – Determination of Job Quit/Refusal of Employment - Fixed a typographical error in ‘Note#1’ by changing (2) and (3) to (b) and (c).  The Note now reads:

Note #1:  For (2) and (3) (b) and (c) 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.

Section 400-19-45-105 – Eligibility Factors for Refugee Households – This is a new section that defines the policy for Refugees who will be eligible for TANF during the first eight (8) months of arriving into the United States.

Currently, Lutheran Social Services (LSS) provides services to all Refugees during the first eight (8) months they reside in the United States in North Dakota, and may refer the family to TANF after the eight (8) month period.  As a result of a change in Federal Law, Refugees who arrive on or after October 1, 2010, will no longer receive Refugee Cash Assistance from LSS during the first eight (8) months they reside in the this country if the household meets the eligibility criteria for TANF.  However, Refugee’s eligible for TANF will receive assistance under the Reception and Placement Program through LSS, and some case management services from LSS during this period.
Note:  Lutheran Social Services will continue to provide cash assistance, case management and employment services for individuals who are not TANF eligible.

LSS will provide Reception and Placement Program services to individuals eligible for TANF for 90 days from the date of entry.  After the 90 days, LSS will continue to provide limited case management services.  Case management services will be provided by the JOBS Employment Contractors, as is done with all JOBS participants.

All factors of eligibility for TANF apply to Refugee Households.

LSS will provide a payment to TANF eligible Refugees, in an amount equal to the difference between the TANF benefit and the Refugee Cash Assistance Benefit.   These benefits will be paid directly to the landlord as a Vendor Payment and therefore, are not countable for TANF.
Note:  Since these payments are paid directly to the landlord for rental expenses, households will be considered as receiving a housing subsidy and will not be eligible for the $50 housing allowance.

Section 400-19-50 – Eligibility Rules Governing Participation (Codes) – Fixed a grammatical error by changing ‘Their’ to ‘The’ in the second paragraph under SSI Recipient (SS). 

Section 400-19-60-05 – Overview – Special Items of Need – Removed the words ‘not a single individual’, in ‘Exception #2’ to clarify that even if the household consists of a single individual, the household may receive the $50 housing allowance.  Exception #2 now reads:

Exception #2: The Housing Allowance is a benefit to the TANF household, not a single individual. Therefore, if the household is eligible for TANF, the household will receive the $50 housing allowance.

Section 400-19-75-10-15 – Excluded Individuals – Fixed a punctuation error at the end of the first sentence.

Section 400-19-75-35 – JOBS Status Change -   Added a new reason when the JOBS Status Change Form may be used:

SFN 323, JOBS Status Change form, or the automated computer system generated JOBS Status form may be used by the TANF Eligibility Worker and the JOBS Employment Contractor to communicate and document pertinent information regarding a JOBS participant. The JOBS Status Change Form may be used:
1.	When a permanent record is needed to document approval for adjustments in supportive services, 
2.	To verify whether or not a Pay After Performance individual met the work participation requirements, 
3.	To notify the JOBS Employment Contractor that an application has been denied or a case has been closed; and
4.	To report employment or other changes.

Section 400-19-75-40-40-05 – Modified Employability Plan -   Reworded part of this section and added a new #2 to allow for a Modified Employability Plan for 60 days from the date of entry into the United States, for individuals with Limited English Proficiency.  This will allow these individuals to attend 60 days of English as a Second Language (ESL) classes and obtain some English skills prior to being required to fully meet their Work Participation requirements.

A Modified EP allows an individual to participate in the JOBS Program at a reduced level, even though the individual’s participation does not meet federal participation requirements.  A Modified Employability Plan (EP) can only be created for participants:
1.	 When there is current, clear and specific medical documentation that identifies the individual’s physical, mental, emotional, or intellectual impairment(s); 
Note: The medical documentation does not need to be provided by a licensed physician.  Any qualified professional working within the physical, mental, emotional, or intellectual fields can provide the medical documentation.

2.	For 60 days following the date of entry into the United States as a Qualified Alien, when the Qualified Alien has Limited English Proficiency (LEP); or  
Note:  If the Qualified Alien is proficient in the English language, a modified plan would not be applicable.

3.	For individuals subject to Family Violence, who are participating in family violence counseling.   
Note:   When a Modified EP is created for individuals subject to Family Violence, participation in family violence treatment activities are countable hours for federal reporting purposes.

A Modified EP allows the individual to participate in the JOBS Program, at a reduced level, even though the individual’s participation does not meet federal participation requirements.
 
When a Modified EP is created for individuals subject to Family Violence, participation in family violence treatment activities are countable hours for federal reporting purposes.

Section 400-19-75-40-15 – Referrals for Sanctioned Individual -  Removed a duplicate sentence from the second paragraph, as the sentence is the Note under that paragraph.  The second paragraph now reads:

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 day after the referral print date is considered day one of the seven (7) calendar day period. 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.   
Note: The day after the referral print date is considered day one of the seven (7) calendar day period.

Section 400-19-95-25-15 – Ending a Child Support Enforcement Sanction After the Month of Ineligibility and a Medicaid Case Referral Closed or Eligibility ends or was not Made -  This section was updated to reflect the change in Medicaid Policy with regards to referrals to Child Support that was effective July 1, 2010.

When a sanctioned individual reapplies for TANF after the Month of Ineligibility and the Medicaid referral closed or the child for whom the non-cooperation exists lost Medicaid coverage was not made 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.)
Note:  Effective July 1, 2010, Medicaid only makes referrals to Child Support to pursue Medical Support in certain circumstances. 

Section 400-19-95-25-20 – Curing a Child Support Sanction in a Month Following the Month of Ineligibility, Medicaid Remains Open, and a Referral was Made -  This section was updated to reflect the change in Medicaid Policy with regards to referrals to Child Support that was effective July 1, 2010.
When a sanctioned individual reapplies for TANF in a month following the Month of Ineligibility, and Medicaid remains open and a Referral was made to Child Support for Medicaid, 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.
Note:  Effective July 1, 2010, Medicaid only makes referrals to Child Support to pursue Medical Support in certain circumstances.  If a Child Support Referral was not made for Medicaid, see section 400-19-95-25-15 for processing).

Section 400-19-100-10 – Individuals Sanctioned for Non-Compliance with TANF Work Requirements or Child Support Enforcement (CSE) in another State – This is a new section to define policy on treatment of TANF Work Requirements or Child Support Enforcement sanctions that are imposed in another State.

When an individual moves to North Dakota from another State and applies for TANF,  sanctions for non-compliance with the TANF Work Requirements or Child Support Enforcement imposed and in effect in the other state shall not be imposed North Dakota.  

Section 400-19-105-20 – Two-month Retrospective Budgeting – Removed the word ‘solely’ twice from the second paragraph due to a change in Transition Eligibility.  The second paragraph now reads:

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).

Section 400-19-120-30 – Alternatives to Unrestricted Money Payments – Clarified that the only alternative to Unrestricted Money Payments is Protective Payments.

As described in Section 400-19-120-25, Unrestricted Payment of TANF Benefits, the unrestricted money payment is the basic method for providing assistance payments. A small number of recipients manage their money in a manner that is clearly detrimental to the well being of their children, themselves, or other household members. Two An alternatives to unrestricted money payment principles, which can assist such recipients in managing their financial affairs are: is 1. Protective Payments; and 2. Vendor Payments.

Section 400-19-120-35 – Protective Payments – Clarified that the Protective Payment method should not be utilized for a period of more than 2 months when a TANF recipient has the capacity to learn to manage their funds, but can continue to be used for longer periods of time when the TANF recipient does not have the capacity to learn to manage their funds or for other reasons.  (During the 2 month period, the individual will be required to attend budgeting counseling, etc.)

While Protective Payments are optional, they are an alternative to issuing benefits directly to recipients.  Protective payments direct a recipient’s assistance benefits to a third party, referred to as a Protective Payee, rather than the recipient. The Protective Payee is responsible to pay for the recipient’s needs up to the amount of the benefit.  
 
Protective Payments allow the TANF Eligibility Worker, under certain conditions, to request a third party to act for the recipient in receiving and managing payments. This departure from the unrestricted money payment principle can be used in any of the following circumstances:
1.	The primary individual has demonstrated such inability to manage funds that the health and safety of the child(ren), themselves, or other household members are being seriously compromised; or
2.	The primary individual has failed, without "good cause," to cooperate with Child Support Enforcement and/or JOBS; or
3.	The primary individual is administratively disqualified for fraud.
 
When the Protective Payment method is utilized, the TANF Eligibility Worker and the recipient must agree on the selection of the designated payee. If they are unable to agree on the selection or a protective payee cannot be secured, the TANF Eligibility Worker may continue to make the TANF payment to the primary individual.
 
The Protective Payment is designed for TANF recipients who have the capacity to learn to manage their funds more efficiently.  This method should not be utilized for a period of more than 2 months, while the individual is receiving services to improve money management (attending budget counseling, instructions on purchasing necessary items, etc.).  See Section 400-19-120-35, Services to Improve Money Management.

When a primary individual has failed, without “good cause”, to cooperate with Child Support Enforcement and/or JOBS or is administratively disqualified for fraud, the Protective Payment method may be utilized for longer periods.

The Protective Payee method This form of payment is not intended for recipients whose limitations will likely prevent them from learning how to manage their own affairs. In these situations, long term assistance should be pursued from outside agencies to assist the individual in managing their benefits.

Section 400-19-120-70 – Limit on Duration of Protective Payee – added clarification here to coincide with the change made in Section 400-19-120-35.

Except in the situation of mismanagement of funds by individuals who have the capacity to learn to manage their funds more efficiently, Tthere is no limitation in the length of time a household may receive a protective payment resulting from failure without good cause to comply with the requirements of the TANF program or mismanagement of funds. Such household may be returned to unrestricted money payment status only upon compliance with TANF eligibility requirements by the head of household.

Section 400-19-135-20 – Types of Intentional Program Violation – Fixed a formatting error to the second bullet under #2

Section 400-19-140-10 – Eligibility Factors for TANF Kinship Care – Added a new eighth (8th) paragraph to define policy with regards to Kinship Care cases switching back and forth between Kinship care and Regular TANF.

TANF Kinship Care financial assistance consists of the TANF benefit and TANF Kinship Care supportive services.  
 There must be a court order placing care, custody and control of a child with a County Social Services, Division of Juvenile Services (DJS), or with the Executive Director, Department of Human Services.
 
A child must be placed with a caretaker relative within the fifth degree of relationship and meet all TANF eligibility requirements. The caretaker relative may choose to be an eligible caretaker or may choose to be an ineligible caretaker. If the caretaker relative chooses to be an eligible caretaker, they must meet all TANF eligibility requirements and if eligible, would receive a TANF benefit.
 
All factors of TANF eligibility apply including but not limited to:
1.	Up-Front eligibility requirements.
2.	Child Support Enforcement requirements;
3.	Income and asset considerations;
4.	Monthly reporting requirements;
5.	JOBS Program requirements, if the caretaker relative chooses to receive TANF;
 
The Kinship Care caretaker relative must physically reside with the child and must take reasonable steps to secure all earned rights benefits to which the child may be entitled to, and redirect all monies to which the child is eligible including but not limited to Social Security benefits (i.e. survivors benefits or disability benefits) or Veteran’s benefits.
 
A child in receipt of Supplemental Security Income (SSI) is not eligible for TANF Kinship Care assistance.
 
The caretaker relative may not receive a TANF benefit with TANF Kinship Care supportive services and Foster Care payments for the same child for the same month.  

A caretaker relative may request their case be switched from Kinship Care to regular TANF or from regular TANF to Kinship Care effective with the future benefit month.  However, in order for a case to be changed from regular TANF to Kinship Care, all of the Kinship Care requirements must be met. (Refer to Section 400-19-140-05, Overview – TANF Kinship Care.
Note:  Once the Regular TANF or Kinship Care benefit has been paid, the case cannot be switched from Kinship Care to regular TANF or from regular TANF to Kinship Care when reworking the paid benefit month.
 
To request TANF Kinship Care assistance, SFN 405, Application for Assistance or SFN 719, TANF Request for Benefits with a completed Month Report or Statement of Facts must be signed by the caretaker relative. Eligibility for TANF Kinship Care may be established on the date the county office receives the signed request or date of eligibility whichever is later.
Section 400-19-150-10 – Factors of Eligibility – Transition Assistance -   Effective October 1 when working the benefit month of November 2010, a household will no longer be required to fail TANF solely due to earned income, but the failure must continue to be the result of excess earned income.  If a household has both countable earned and unearned income and fails TANF, when counting the unearned income only if the household would pass TANF, the household will be eligible for Transition Assistance as the earned income is causing the household to fail.

Also added clarification that a caretaker relative in a child-only case cannot be approved for Transition Assistance.

Eligibility for Transition Assistance may be established if:
1.	The household was eligible under TANF for the month immediately preceding the month in which the family became ineligible; and
2.	The household became ineligible for TANF benefits solely due to earned income; and
Note: The excess earned income failure cannot be due to the receipt of an extra check from a recurring source
3.	All other TANF eligibility requirements are met.  
 
A household with countable earned and unearned income may be eligible for Transition Assistance if when counting the unearned income only, the household would remain eligible for TANF.

Transition Assistance cannot be approved or, if approved and ongoing, must be closed if the individual whose earned income caused the failure is:  
1.	An individual sanctioned due to non-compliance with JOBS (DI);
2.	A caretaker who chooses to be ineligible (child only case) (OU);
3.	A minor parent who is not the head-of-household (MP);
4.	An alien who is ineligible to receive assistance due to their immigration status (DA);
5.	An individual in receipt of Supplemental Security Income (SSI) benefits (SS);
6.	An individual who loses their earned income disregards due to unreported income;
7.	A caretaker relative in a child-only case.
An individual whose financial needs are not included in the benefit due to the Pay after Performance requirements may be eligible for Transition Assistance.  
Note: The TANF Eligibility Worker must contact TANF policy to have the Meets Work Participation indicator set to ‘Yes’ for the future month.  
 
Prior to authorizing eligibility for Transition Assistance, the TANF Eligibility Worker should consider the following factors:   
1.	Whether the child support income exceeds the sum of Special Items of Need potentially available under Transition Assistance;
2.	Whether the recipient incurs child care expenses;
3.	Whether the recipient is in favor of meeting the continued TANF eligibility requirements applicable to Transition Assistance that include monthly reporting, child support assignment, JOBS program participation and lifetime limit.
 
When a Transition Assistance household fails or refuses to comply with TANF eligibility requirements, the Transition Assistance case must be closed. Upon reapplication for assistance, the household cannot resume eligibility under Transition Assistance. Eligibility for the household must be determined under “regular” TANF or Diversion Assistance.
 
The portion of the Transition Assistance benefit determined Unreimbursed Public Assistance (UPA) is the amount paid for job retention and any transportation allowance paid during a month the individual was not employed.
 
When a Transition Assistance benefit is paid, the case cannot be switched from Transition Assistance to “regular” TANF or vice versa, when reworking the paid benefit month.   
 
SFN 323, “JOBS Status Change” must be provided to the JOBS Employment Contractor whenever there is a change in eligibility from “regular” TANF to Transition Assistance or from Transition Assistance to “regular” TANF.