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 December 1, 2010, with the following exceptions, which are effective December 1, 2010 for the Benefit Month of January 2011:
1.	 The change to the JOBS exemption due to being a caretaker of a newborn in sections 400-19-45-65-15 and 400-19-75-10-05; and

2.	 The change to the ‘Child Care Unavailable’ good cause reason for failure or refusal to participate in the JOBS or Tribal NEW Program in section 400-19-75-20.

Section 400-19-15-35 – North Dakota Health Tracks Program – The last two (2) paragraphs have been deleted as they are no longer applicable. Newborns and Refugees under age 21 who are Medicaid eligible can be referred to the North Dakota Health Tracks Program at any time.

Effective January 1, 2009, individuals under age 21 are no longer required to complete a screening through the preventive health program known as Health Tracks (EPSDT). All members of a TANF Household who are Medicaid eligible and under age twenty-one are encouraged to participate in the North Dakota Health Tracks Program.     
TANF recipients, including a Benefit Cap child, who complete the Health Tracks screening are eligible for a $25.00 reimbursement per individual, per year. The reimbursement is available after the completion of the initial screening and the annual Health Tracks screening. For this purpose, completion of the screening does not include the follow-up appointments or referrals to other physicians that are generated from a screening. If the reimbursement is received in an initial month of eligibility for TANF, the reimbursement will not be prorated from the date of application. The individual will receive the entire reimbursement for each child.
 
Infants receive a screening upon birth; therefore, referrals for the screening of infants should occur after the child is two months old. Referring the child after the child is two months old helps to insure the child will receive the required immunizations.

Refugees receive a medical examination upon entry into this country. Therefore, there may be no need to refer the individual for screening at the time of application.
 
Section 400-19-40-10 – Individuals Excluded from Pay After Performance – Effective with the Benefit Month of January 2011, parents or caretaker relatives will only be exempt from participation in the JOBS program if they are personally providing fulltime care for a child who is under the age of two (2) months.  Previously, the exemption period was four (4) months.    Due to this change in policy, these parents or caretaker relatives will not be subject to PAP requirements for two (2) months.

The following individuals are not subject to PAP:
1.	Children under age 18 who are attending school fulltime;
2.	Caretakers under age 18 who are attending school fulltime;
3.	Caretakers in receipt of Supplemental Security Income (SSI), including presumptive SSI;
4.	Caretakers in receipt of Social Security Disability (SSDI) benefits;
5.	Parents or caretaker relatives, personally providing fulltime care for a child who is under the age of four (4) two (2) months;
6.	Caretakers age 65 or over;
7.	Caretakers who are ‘Opted Out’; or
8.	Caretakers who have been referred to the Tribal NEW Program.

Section 400-19-45-65-05 – Eligibility Requirements (Education) – Under the Documentation/Verification of School Attendance section, added a paragraph to the end to include policy as to what should be done if verification of school attendance is not received.

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.
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.

When verification of school attendance is not received:
•	If the child is age 16 to 18, update the ‘Student Status’ on the Education window to ‘Not a Student’ and complete a referral to the JOBS Program.
•	If the child is age 18, a fulltime student who will graduate by their 19th birthday, update the ‘Student Status’ on the Education window to ‘Not a Student’.  This will either remove the child from the TANF household, or if this is the only child, the case will fail and must be closed.

Section 400-19-45-65-15 – Minor Parent Under Age 18 Student Eligibility Requirements - Effective with the Benefit Month of January 2011, parents or caretaker relatives will only be exempt from participation in the JOBS program if they are personally providing fulltime care for a child who is under the age of two (2) months.  Previously, the exemption period was four (4) months.    Due to this change in policy, a minor parent will only be exempt from the school requirement from the newborn’s date of birth through two (2) calendar months following the month of birth.

A minor parent is defined as an individual who has a marital status of never married, is under age 18, and is a father or mother to a child. An individual under age 18 and in the third trimester of pregnancy is not considered a minor parent. An individual is considered age 18 on the first day of the month of their 18th birthday.
 
All minor parents 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. A minor parent is considered in regular attendance for months 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.
 
A minor parent is exempt from the school requirement from the newborn’s date of birth through four (4) two (2) calendar months following the month of birth.  
Example: If a child is born in July, the minor parent is exempt beginning the date of birth through November September 30th. In a household consisting of two minor parents, only one parent can claim the exemption due to the age of their child. The exemption applies to the non-disabled or non-incapacitated parent.
 
There may be some reasons when a minor parent may have good cause for not attending school.  Some reasons, applicable only to minor parents, are:
1.	Incapacity of child;
2.	Temporary Illness;
3.	Unable to find adequate and appropriate child care;
4.	Disability, as verified by medical evidence; or
5.	Incapacity, as verified by medical evidence.

A minor parent is exempt from the requirement to attend school if their education level equals 12 years.  However, they are not exempt from JOBS Program participation.

Section 400-19-45-70-10 – Deprivation Reasons - Added clarification to the deprivation reason of ‘Disabled Parent’ that already existed under the deprivation reason of ‘Incapacitated Parent, and also clarified that if one parent is disabled or incapacitated, in order for deprivation of ‘Disabled Parent’ or Incapacitated Parent’ to exists, the parents must be residing together.

4.	Disabled Parent – Deprivation exists for purposes of TANF when a household contains two natural or adoptive parents and the Social Security Administration determines that one parent meets the disability criteria to be eligible for either Supplemental Security Income (SSI) or Social Security Disability (SSDS) benefits. 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.

Disability of a parent is used to determine eligibility for a two-parent family with a child(ren) in common. The parent whose disability results in the deprivation of a child's support or care may be either parent. In any disability case, the financial needs of both parents may be included in the TANF benefit even if the parents are not married or, if married, the wife is pregnant and in her third trimester.  However, the parents must reside together.

However, tThe 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.

5.	Incapacitated Parent -- Deprivation exists for purposes of TANF when a household contains two natural or adoptive parents and one is determined incapacitated by the State Review Team. The natural or adoptive parent must have an incapacity which significantly interferes with the parent’s capacity to earn a livelihood or to perform homemaker and/or child care responsibilities. Incapacities of short duration (less than 30 days) do not establish eligibility for TANF.

Incapacity of a parent is used to determine eligibility for a two-parent family with a child(ren) in common. The parent whose incapacity results in the deprivation of a child's support or care may be either parent. In any incapacity case, the financial needs of both parents may be included in the TANF benefit even if the parents are not married or, if married, the wife is pregnant and in her third trimester. However, the parents must reside together.  Appropriate referrals should be made to Vocational Rehabilitation Services for either or both parents.
   
The TANF Eligibility Worker is responsible for determining all eligibility factors except for incapacity which is determined by the State Review Team. The State Review Team must rely on current written reports from medical personnel, TANF Eligibility Staff, counselors, etc., to make a decision on incapacity. Therefore, it is important that objective information be submitted. Medical/social information is reported on SFN 451. If incapacity is approved, deprivation exists.  
 
A form letter is used by the State Review Team to report its findings concerning incapacity; the basis for the findings; whether or not a future review of the incapacity is needed; and if so, the date of such a review. A copy of the form letter is sent to the TANF Eligibility Worker and the household.  
 
The TANF Eligibility Worker is responsible to notify the client, in writing, of:
a.	The State Review Team’s decision and recommendations;
b.	Whether or not a future review of the incapacity or disability is needed and, if so;
c.	The date of such a review and information needed to complete that review.
For those required to participate in JOBS, the recommendations made by the State Review Team should be incorporated into the JOBS Employability Plan.
 
Incapacity is established when a parent enters the State Hospital and is expected to remain for a period of 30 days or longer. The incapacity is established for the period of hospitalization without completing SFN 451, Eligibility Report on Disability/Incapacity. The TANF Eligibility Worker needs only to provide the State Review Team with verification that the individual has entered the State Hospital, the date of entry, date of discharge (if known), and the condition being treated. The State Review Team can then make the incapacity decision.  If TANF eligibility is to continue upon the parent's return home, continued incapacity must be established by appropriate reports.
 
A parent receiving treatment in any facility other than the State Hospital must have their incapacity established by the State Review Team before TANF can be authorized. The benefit received in the month of the parent's return to the household will be the final benefit unless continued incapacity is established by the State Review Team.
 
If during a period of incapacity the TANF Eligibility Worker becomes aware that the individual’s incapacity may no longer significantly interfere with the parent’s ability to earn a livelihood or to perform homemaker and/or child care responsibilities, the TANF Eligibility Worker shall issue notification to end eligibility based on incapacity.
 
If incapacity is denied, deprivation does not exist.  The TANF Eligibility Worker is responsible to notify the client, in writing, of the decision and its effect on the TANF benefit.

Section 400-19-65-15 – Types of JOBS Supportive Services – Clarified and removed extra wording that did not belong.

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 month of application month, provided the family did not receive TANF in the month prior to the month of application, the month of application and one month following the month of application provided the family did not receive TANF month 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.)

Section 400-19-75-10-05 – Exempt Individuals - Effective with the Benefit Month of January 2011, parents or caretaker relatives will only be exempt from participation in the JOBS program if they are personally providing fulltime care for a child who is under the age of two (2) months.  Previously, the exemption period was four (4) months.

Under Federal TANF law, the following individuals are exempt and are not required to participate in the JOBS or Tribal NEW programs:
   
1.	Individuals age 65 or older in receipt of TANF.
Note: A 65 year-old work eligible individual is included in the state’s work participation rate, even though the individual is considered exempt under North Dakota TANF law, rule and policy.
2.	Parents or caretaker relatives personally providing full-time care for a child who is under the age of 4 2 months and who have not received the lifetime maximum exemption of 12-months as a caretaker of a newborn.  
 
Note #1: Such parents or caretaker relatives are considered exempt through the end of the 4th 2nd month from their child’s date of birth.  
 
Note #2: When a household includes two parents, only one parent can claim the exemption based on the age of their child. The exemption applies to the non-disabled, non-aged, or non-incapacitated parent.

3.	Children under the age of 16.

4.	Children age 16 and older and who are currently enrolled or have been accepted as full-time students for the next school term in an elementary or secondary school or in a vocational or technical school that is equivalent to secondary school and who will graduate by their 19th birthday.  
Note: Individuals age 16 or older who are pursuing a GED must participate in JOBS.

Section 400-19-75-20 – Good Cause Allowable Reasons for Nonparticipation in JOBS or Tribal NEW – #3.c. under Good cause reason for failure or refusal to participate in the JOBS or Tribal NEW Program was changed so that in order to approve good cause for this reason under ‘Child Care Unavailable’ is if the rate is equal to or less than two (2) times the maximum allowable amount as determined by the Child Care Assistance Program.

3. Child Care Unavail - In the case of a parent or other eligible caretaker relative of a child under age six who is personally caring for the child full-time and who demonstrates an inability to obtain needed child care for one or more of the following reasons (Refer to N.D.A.C. § 75-02-01.2-103(1)(d)):
a.	The commuting time, based on personal vehicle use, from the parent’s home to the child care provider to the parent’s worksite exceeds one hour;
b.	Suitable child care is not available from a relative, from an approved licensed or registered child care provider, or from a child care provider not required to be licensed or registered under NDCC 50-11.1; or
c.	Child care is not available, from a licensed or registered child care provider under NDCC 50-11.1, at a rate equal to or less than 1.1 2 (two) times the maximum allowable amount as determined by the Child Care Assistance program. (e.g. If the current rate is $480 per month, 1.1 2 (two) times the maximum allowance amount would be $528 960).

Section 400-19-105-40-40 – Budgeting for the Month in Which an Absent Parent Returns or Receipt Recipient Marries – Corrected the title.

Section 400-19-135-20 – Types of Intentional program Violations – Added clarification to #1 and #2 to reference other sections of the TANF Manual for processing.  (#3 remains unchanged.)

 An IPV disqualification can be established in the following three ways:
1.	Administrative Disqualification Hearing (ADH) is pursued when an individual is suspected of intentionally withholding information that results in improperly establishing or maintaining eligibility for TANF benefits. ADH procedures should be initiated in instances when there is sufficient documentary evidence to substantiate that an individual has committed one or more acts of intentional program violation.  
•	Waiver of Hearing - An individual has the right to waive an Administrative Disqualification hearing.  The worker must possess sufficient evidence to warrant holding a disqualification hearing before allowing an individual to waive the hearing.
•	Waiver A - Allows an individual to admit to the facts and accept the disqualification period.
•	Waiver B – Allows an individual to accept the disqualification without admitting to the facts.

In order to waive their Administrative Disqualification Hearing, the individual must sign either part A or B of the waiver located on Page 3 of SFN 1940, TANF/SNAP Notice of Intentional Program Violation. A signed waiver is a statement that the household has been informed a disqualification penalty will result.

Section 400-19-135-30, Initiating Administrative Disqualification Hearing Process explains the Administrative Disqualification Hearing process.

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 disqualification period, the TANF Eligibility Workers 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.

The Appeals Supervisor must then process the Findings and Order for the disqualification which the Executive Director signs.
 
Upon receipt of the Findings and Order, signed by the Executive Director of the Department, the TANF Eligibility Worker must impose the disqualification following the TANF disqualification timeframes. (See Section 400-19-135-40, Disqualification Time Frames.)

Section 400-19-145-10 Factors of Eligibility (Diversion) Effective with the Benefit Month of January 2011, parents or caretaker relatives will only be exempt from participation in the JOBS program if they are personally providing fulltime care for a child who is under the age of two (2) months.  Previously, the exemption period was four (4) months.    Due to this change in policy, under the section listing individuals who cannot be processed under Diversion, #7 was changed to reflect the change to two (2) months.

Parents or caretaker relatives, personally providing fulltime care for a child who is under the age of 4 2 months, through the last day of the 4th2nd month from the child’s date of birth.(IN)  

Section 400-19-150-10 – Factors of Eligibility – Removed #2 and add the Participation Codes to #7 (which will change to #6) in the section that defines with Transition Assistance cannot be approved or if approved and ongoing, must be closed.

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 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 (DA, DD, DF, SS or OU).
 
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.  

Section 400-19-155 – Post-TANF (Formerly Transitional) Supportive Services – Corrected the last sentence in third to the last paragraph.  There are six criteria to meet, not five.

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;
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 six 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.