Par.1.  Material Transmitted and Purpose – Transmitted with this Manual Letter are changes to Service Chapter 400-19 – Temporary Assistance for Needy Families (TANF) program Policy.  This also incorporates changes made with:

•	IM 5118, Correction to TANF Benefit Prorate
•	IM 5121 Electronic Correspondence
Note:  IM 5112 will not be manualized as the information in the IM is time-limited.

Par. 2. Effective Date – This manual letter is effective for the benefit month of August 2011.

Items listed in Par. 3 are changes in policy.  Items listed in Par. 4 are other corrections and clarifications.

Par. 3.  Policy Changes – This section includes new policy that is effective for the benefit month of August 2011.  Enhancements to the automated computer system needed to process these changes have been completed and were identified in the June 3rd, 2011 Maintenance Rollout update.

TANF Non-Financial Eligibility Factors 400-19-45

1.	400-19-45-05-10 - Marriage Validity Policy for TANF – This is a new section that defines policy when determining if a marriage is valid for TANF purposes.

Marriage Validity Policy for TANF 400-19-45-05-10

In order for a marriage performed in North Dakota to be recognized or considered valid in North Dakota, couples are required to obtain a marriage license through the County Recorder’s Office.  North Dakota law specifically states that marriages are considered recognized and valid if they are between one man and one woman as husband and wife.  Therefore, North Dakota does not recognize same sex marriages regardless of where the marriage occurred.  

Marriages that occur outside of North Dakota are considered valid in North Dakota if:
1.	The marriage was legally performed in another state;
2.	The marriage is a common law marriage that occurred in another state and was considered a valid marriage by that state (the couple is required to provide documentation verifying that the common-law marriage was considered valid by the state in which it took place); 
3.	The marriage occurred in another country and the marriage was considered valid according to the law of the country where the marriage was contracted, unless the marriage violates the strong public policy of North Dakota.
Note:  Polygamous marriages violate the strong public policy of North Dakota.

JOBS Supportive Services 400-19-65

2.	400-19-65-15 - Types of JOBS Supportive Services – Increased the maximum amount allowed for Transportation Assistance from $125.00 to $150.00 per month in #8 of this section.  This is a change in policy effective with the benefit month of August 2011.

8.	Transportation Assistance - Transportation assistance not exceeding $125 150.00 per month may be paid to a JOBS or Tribal NEW participant in orientation, assessment, a self-initiated educational activity, or any approved work activity, including paid employment. 

Transportation assistance may be utilized for monthly transportation expenses for the JOBS participant’s private vehicle, public transportation passes, cab fares, or rides provided through an informal arrangement. 
 
Transportation assistance may be utilized to pay fees or fines which prevent an individual from legally operating a vehicle.  Allowable fees may include a reinstatement fee on a suspended license, registration fee for a DUI seminar, defensive driver’s class required prior to reinstatement of a driver’s license, driver’s license exam fee, or vehicle insurance, license, and titles.  

Traffic fines and DUI fines may be paid at the discretion of the JOBS Employment Contractor provided the individual demonstrates the ability to contribute in paying a portion of the fine.  The portion of the fine to be paid by the individual will be determined by the JOBS Employment Contractor.  
 
Once an individual's TANF case has been authorized as TANF eligible and the individual is participating in JOBS, the JOBS Employment Contractor is responsible to determine the participant’s anticipated transportation needs and to document the anticipated need on the Employability Plan. Any changes in the participant’s anticipated transportation needs should be communicated to TANF Eligibility Worker in writing. 
Note: Once a transportation assistance payment has been issued to an individual, overpayments are not to be established. 
 
This same process is to be followed by Tribal NEW if the Tribal NEW participant will be receiving transportation assistance through the county/state.  
 
If transportation assistance is based on mileage, a monthly stipend or flat amount is not allowed.  Instead, a mileage calculation must be identified on the Employability Plan. Transportation assistance based on mileage is calculated by multiplying the number of actual or estimated miles required to support the individual’s approved work activity and a self-initiated educational activity by $0.45, the current reimbursement rate for travel under the TANF program.
 
When public transportation or informal transportation arrangements are used, the participant must review their transportation needs and plan with the JOBS Employment Contractor. If appropriate, the JOBS Employment Contractor will approve the individual's plan.
 
Payments for Transportation Assistance are issued to the recipients via the TANF ReliaCard or are paid to the vendor utilizing the Vendor Payment process.
Advance Transportation Assistance Payments
The TANF Eligibility Worker shall not provide a transportation assistance payment to an individual who is being referred to JOBS/Tribal NEW until the individual’s case has been approved, unless the TANF Eligibility Worker or JOBS Employment Contractor determines that an individual would be unable to participate without receiving transportation assistance. 
•		When an advance transportation assistance payment is provided to a sanctioned individual who needs to complete a Proof of Performance, the payment should be sufficient to cover the individual’s transportation expenses from the time of the referral until the payment can be included in the regular TANF grant (or is provided through Tribal NEW as appropriate). 
Note: The TANF Eligibility Worker may decide not to allow another Transportation assistance payment to the individual until the outstanding sanction is cured. 
•		When an advance transportation assistance payment is provided to a non-sanctioned individual, the advance payment should be sufficient to cover the individual’s transportation expenses to attend the Orientation and complete the Assessment and Employability Plan.
When a TANF Eligibility Worker determines the need for an advance transportation payment, the TANF Eligibility Worker is to inform the JOBS Employment Contractor or Tribal NEW Coordinator that an advance payment was made.

Tribal Native Employment Works (NEW) Program 400-19-80

3.	400-19-80-55 - Transportation Assistance for Tribal NEW Participants - Increased the maximum amount allowed for Transportation Assistance from $125.00 to $150.00 per month in the first paragraph of this section.  This is a change in policy effective with the benefit month of August 2011.

Transportation Assistance for Tribal NEW Participants 400-19-80-55
Transportation Assistance of up to $125 150.00 per month may be paid to a Tribal NEW participant when approved by the Tribal NEW Coordinator and authorized by the TANF Eligibility Worker. 
 
Transportation assistance may be utilized for monthly transportation expenses for the Tribal NEW participant’s private vehicle, public transportation passes, cab fares, or rides provided through an informal arrangement if the individual has no vehicle. 

Transportation assistance may be utilized to pay fees or fines which prevent an individual from obtaining or legally operating a vehicle. Allowable fees may include a reinstatement fee on a suspended license, registration fee for a DUI seminar, defensive driver’s class required prior to reinstatement of a driver’s license, driver’s license exam fee, or vehicle insurance, license, and titles.  
 
Traffic fines and DUI fines may be paid at the discretion of the Tribal NEW Coordinator provided the individual demonstrates the ability to contribute in paying a portion of the fine. The portion of the fine to be paid by the individual will be determined by the Tribal NEW Coordinator.  
 
Once an individual's TANF case has been authorized as TANF eligible and the individual is participating in Tribal NEW, the Tribal NEW Coordinator is responsible to determine the participant’s anticipated transportation needs and to document the anticipated need on the Tribal NEW service plan. Any changes in the participant’s anticipated transportation needs should be communicated to the TANF Eligibility Worker in writing. 
Note: Once a transportation assistance payment has been issued to an individual, overpayments are not to be established. 
 
If transportation assistance is based on mileage, a monthly stipend or flat amount is not allowed.  Instead, a mileage calculation must be identified on the Service Plan. Transportation assistance based on mileage is calculated by multiplying the number of actual or estimated miles required to support the individual’s approved work activity and a self-initiated educational activity by $0.45, the current reimbursement rate for travel under the TANF program.
 
When public transportation or informal transportation arrangements are used, the participant must review their transportation needs and plan with the Tribal NEW Coordinator. If appropriate, the Tribal NEW Coordinator will approve the individual's plan.
 
Payments for Transportation Assistance are issued to the recipients via the TANF ReliaCard or are paid to the vendor utilizing the Vendor Payment process.
 
Advance Transportation Assistance Payments
The TANF Eligibility Worker shall not provide a transportation assistance payment to an individual who is being referred to Tribal NEW until the individual’s case has been approved, unless the TANF Eligibility Worker or Tribal NEW Coordinator determines that an individual would be unable to participate without receiving transportation assistance. 
•	When an advance transportation assistance payment is provided to a sanctioned individual who needs to complete a POP, the payment should be sufficient to cover the individual’s transportation expenses from the time of the referral until the payment can be included in the regular TANF grant (or is provided through Tribal NEW as appropriate). 
Note: The TANF Eligibility Worker may decide not to allow another Transportation assistance payment to the individual until the outstanding sanction is cured. 
•	When an advance transportation assistance payment is provided to a non-sanctioned individual, the advance payment should be sufficient to cover the individual’s transportation expenses to attend the Orientation and develop the Tribal New service plan.
 
When a TANF Eligibility Worker determines the need for an advance transportation payment, the Eligibility Worker is to inform the Tribal NEW Coordinator that an advance payment was made. 

TANF Kinship Care 400-19-140

4. 	400-19-140-20 – TANF Kinship Care Supportive Services - Changed the policy in #1 of this section to no longer limit the amount allowed for child care costs that can be reimbursed to the caretaker as a TANF Kinship Care supportive service or allowed as an expense from earned income.  However, the costs must be reasonable and comparable to the market rate of the area.  This is a change in policy effective with the benefit month of August 2011.

TANF Kinship Care Supportive Services 400-19-140-20
Supportive services may provide reimbursements within the limits established by the department under the Foster Care program. Any approved supportive services reimbursement will be paid retroactively and will require proof of costs incurred. Eligibility for TANF Kinship Care supportive services is the date of application or the date of eligibility whichever is later.
 
Once Kinship Care Study, Child Abuse and Neglect Background Check, Kinship Placement, and Kinship Care Agreement are completed, supportive services can be paid and continue to be paid until the 90th day, when results of the Criminal Background Check are required. In order for supportive services to continue beyond the 90th day, the Social Worker must provide verification of a successful Criminal Background Check for the adult(s) with whom the child is placed. A successful Criminal Background Check may include confirmation of a criminal background; however, the offense and date of conviction may not warrant denial of a kinship care placement. Payment of supportive services will be prohibited beyond the 90th day if the TANF Eligibility Worker has not received the results of the Criminal Background Check or received confirmation that the adult with whom the child was placed has a criminal background.
 
TANF Kinship Care supportive services provide reimbursement for: 
1.	Child Care - Child care may be reimbursed to the caretaker as a TANF Kinship Care supportive service or as an expense from earned income. The rates for child care cannot exceed the maximum allowed under the Child Care Assistance program by more than 25 percent.  Effective with the benefit month of August 2011, there is no maximum on the amount of child care that can be reimbursed or allowed as an expense, provided the costs are reasonable and comparable to the market rate for the area.
a.	Reimbursement is available for the caretakers paid employment, a combination of paid employment and education/training, or work search where care is necessary and no other responsible adult member resides in the home.
b.	The child care provider must be a licensed, certified, registered or an approved relative provider unless the TANF Eligibility Worker and Social Worker determine conditions prevent care from being provided outside the home or verified barriers prevent child care arrangements outside the home. 
c.	The Kinship Care child to whom care is provided must be younger than 13 years of age. Any requests for reimbursement for care provided to children between 13 and 18 years of age will require current, medical evidence from a physician, psychologist, or clinical specialist that clearly confirms the need.
d.	Reimbursement for the costs of care may not exceed current Child Care Assistance rates by more than 25%, and is subject to the Child Care Assistance Tier schedule (allowable cost is defined by the number of hours of care provided to the child, as related to the number of hours in which the caretaker relative was engaged in allowable activities).  
	Example: The maximum allowed for an infant in a center is $480 per month. A Kinship Care child maximum would be $600 ($480 X25% = $120 + $480 = $600).
 
Payment of Child Care expenses are issued as a TANF benefit through the automated computer system and not through the Child Care Assistance Program. 

Diversion 400-19-145

5. 	400-19-145-25 - Diversion Supportive Services – Changed the maximum amount allowed for Transportation Assistance from $125.00 to $150.00 per month in #2.g. of this section.  This is a change in policy effective with the benefit month of August 2011.

Diversion Supportive Services 400-19-145-25
Diversion consists of payments to help with expenses associated with a ‘specific crisis or episode of need’ and is paid through supportive services or vendor payment. All Diversion reimbursements must be rounded to the nearest dollar (if over 50 cents round up and if under 50 cents round down). 

2.	Job Related Expenses (Employment, school or training) – An individual may receive reimbursements for the following job related expenses through supportive services:
a.	Employment related clothing necessary for the individual to enter employment.  Assistance is limited to $250 per participant, per state fiscal year (July 1 through June 30).
b.	Tools or equipment required for the individual to accept employment. Assistance is limited to $150 per participant, per state fiscal year (July 1 through June 30).
c.	Repairs necessary to return an individual's vehicle to operable condition, provided:
•		The vehicle is registered to a Diversion household member; 
•		The vehicle is needed by the participant to get to work or another approved work activity; and 
•		The general condition and value of the vehicle justifies the costs of the repairs.
Assistance is limited to $500 per participant, per state fiscal year (July 1 through June 30).
d.	Assistance to defray the cost of books, tuition and fees associated with work activity, provided other educational fund sources have been explored and are exhausted. Assistance is limited to $1000 per participant, per state fiscal year (July 1 through June 30).
e.	Payment for professional license fees and professional examination fees when there is no other available source of funding (including fee waivers) and the professional license or examination is necessary to achieve an employment-related goal. Assistance is limited to $150 per participant, per state fiscal year (July 1 through June 30).
f.	Moving expenses to accept a job offer or to be closer to work. Assistance is limited to $1000 per participant, per state fiscal year (July 1 through June 30).
g.	Other expenses necessary for employment interviews, including transportation, lodging, grooming, and clothing.
•		Assistance for transportation is limited to $125 150 per participant, per month. 
•		Assistance for lodging, grooming and clothing is identified in the first bullet of #2.

Transition Assistance 400-19-150

6.	400-19-150-10 - Factors of Eligibility – Change policy for Transition Assistance to state that once a TANF case is found eligible for Transition Assistance, the case will remain eligible for the entire 6 consecutive month period unless the household would be eligible for a regular TANF benefit of $200 or more, or the household no longer meets all of the TANF eligibility requirements.  This is a change in policy effective with the benefit month of August 2011.

Factors of Eligibility 400-19-150-10
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 the household would have remained TANF eligible for TANF.  based on the countable unearned income only
when counting the countable unearned income only (gross amount  minus allowable expenses).

Effective with the Benefit Month of August 2011, once a TANF case is found eligible for Transition Assistance, the case will remain eligible for the entire 6 consecutive month period, unless:
1.	The household would be eligible for a regular TANF benefit of $200 or more; or
2.	The household no longer meets all of the TANF eligibility requirements.
 
Transition Assistance cannot be approved or, if once approved and ongoing, the case 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 minor parent who is not the head-of-household (MP) (IN);
3.	An alien who is ineligible to receive assistance due to their immigration status (DA);
4.	An individual in receipt of Supplemental Security Income (SSI) benefits (SS);
5.	An individual who loses their earned income disregards due to unreported income.
6.	A caretaker relative in a child-only case (DA, DD, DF, SS, or OU for reasons other than PAP).

A household that includes 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 individual 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 (e.g. 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 to be 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” (or other means acceptable to the Employment Contractor) 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.

7.	400-19-150-25 - Transition Assistance Supportive Services  – Changed policy to no longer allow child care expenses while a household is eligible for Transition Assistance to be paid on the debit card.  Instead, child care expenses for TANF Transition Assistance recipient must be paid through the Child Care Assistance Program (CCAP) based on the rules of that program.  This is a change in policy effective with the benefit month of August 2011.

Transition Assistance Supportive Services 400-19-150-25
Available Transition Assistance Supportive Services consist of: 
1.	Child Care – reimbursement for expenses incurred are paid directly to recipients using a debit card and cannot exceed the maximum allowable of:  
•	$480 from birth up to 2 years of age (through the month of their 2nd birthday) 
•	$450 for 2 and 3 year olds (through the month of their 4th birthday)
•	$430 for 4 and 5 year olds (through the month of their 6th birthday)
•	$400 for 6 up to 13 years of age (through the month of their 13th birthday) 
Requests for payment of child care provided to children between 13 and 18 years of age will require current, medical evidence from a physician, psychologist, or clinical specialist that clearly confirms the need. 

Child or dependent care costs cannot be allowed when the care is provided by a natural parent, or by a stepparent who resides in the same home as the TANF household. However, payment may be made to a stepparent who provides care and resides outside the home.

Payment may not be made for the cost of child care provided by the caretaker relative’s child or stepchild who is under 21 years of age, unless all of the following criteria are met:
•	The provider of child care does not live in the home occupied by the household; and
•	The provider of child care is at least 18 years of age; and
•	The provider of child care was not claimed as a dependent on the most recent federal income tax return filed by the caretaker relative; and
•	A bona fide relationship of employer and employee exists between the caretaker relative and the provider of child care; and
•	The provider of child care is not a mandatory member of the caretaker relative’s household.

The costs of child care for children who are not eligible for TANF (SSI child, Benefit Cap child, child in common) and whose parent/caretaker is eligible for TANF must be paid through the Child Care Assistance Program. 
A child care payment must be rounded to the nearest dollar. (If 50 cents or over, round up; if under 50 cents, round down.)  The child care expenses must be verified using a signed and dated SFN 616, Child Care Billing Report. Transition Assistance does not require the child care provider to be licensed, self-certified/registered, or an approved relative.

Child care expenses incurred for work, education, training, or a combination of all three may be paid under Transition Assistance. Child care expenses are reimbursed and paid to the caretaker as a supplement in the benefit month they were incurred.  Payment will be up to 100% of the amount owed, based on the age of the child, up to the maximum allowable child care rate.
 
1. Job Retention – A monthly amount of $200.00 will be paid unless the caretaker has a participation code of ‘DD’, ‘DF’ or ‘DM’. 
Note: When the Stepparent’s earned income results in eligibility for Transition Assistance, the Job Retention must be entered next to the natural or adoptive parent in the automated computer system. 
2. Transportation – A transportation allowance of up to $125 150.00 per month may be paid. The amount of the transportation allowance will be determined by the JOBS Employment Contractor.
Note: Only caretakers participating in the JOBS Program are eligible to receive the transportation allowance.
 
Transition Assistance Supportive Services for job retention and transportation will be paid prospectively. Child care expenses will be paid as a supplement after the expense is verified.

Effective with the Benefit Month of August 2011, child care expenses must be paid through the Child Care Assistance Program (CCAP), based on the rules of that program. (Refer to the Child Care Assistance Manual Chapter 400-26.).  Child care expenses will no longer be paid directly to recipients using a debit card.  

8. 	400-19-150-35 - JOBS Supportive Services – Transition Assistance – Added a new section under Transition Assistance to include and clarify policy that specifies individuals in receipt of Transition Assistance who are participating in the JOBS program are eligible to receive JOBS Supportive Services.

JOBS Supportive Services – Transition Assistance 400-19-150-35
Recipients of Transition Assistance may also be eligible to receive JOBS Supportive Services provided the individual is a participant of the Job Opportunity and Basic Skills (JOBS) Program.  (See Section 400-19-65-15 Types of JOBS Supportive Services.)  

Post-TANF (Formerly Transitional) Supportive Services 400-19-155

9. 	400-19-155-05 - Post TANF Transportation Supportive Services – 
In the first paragraph of this section, the maximum amount allowed for Transportation Assistance is changed from $125.00 to $150.00 per month.  This is a change in policy effective with the benefit month of August 2011.

Post TANF Transportation Supportive Services 400-19-155-05
The JOBS Employment Contractor or TANF Eligibility Worker may approve Transportation Supportive Services. The maximum, monthly Transportation Supportive Service payment may not exceed $125 150.00.  

Par. 4.  Policy Clarifications – This section includes current policy that has had information added for clarification that is effective for the benefit month of August 2011.

Definitions 400-19-05

1.	400-19-05 - Definitions 
•	Added clarification to the definition of ‘Born Out Of Wedlock’ 
•	Added a new definition for ‘YouthBuild USA that has been placed in alphabetically order with all other definitions.
Born Out Of Wedlock - A child is considered to be born out of wedlock when:
•	The child is born to a woman who is not legally married; or
•	The child was born 301 days or more after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation is entered by a court. 
Note:  This is true  A child is not considered born out of  wedlock if the child was born within 300 days after a marriage is terminated by death, annulment, declaration of invalidity, divorce or after a decree of separation is entered by a court, even if the mother claims someone else is or may be the child’s biological father other than the man to whom she was married.

YouthBuild USA – A program funded by the Department of Labor intended to enable disadvantaged youth to obtain the education and employment skills necessary to achieve economic self-sufficiency in occupations in demand, to include post-secondary education and other training opportunities.  Eligible participants spend up to 12 months in the program, dividing their time between classroom setting and an employment site.   Currently the Turtle Mountain YouthBuild Program is the only YouthBuild USA program in North Dakota.

Administrative Requirements 400-19-15

2.	400-19-15-15 – Confidentiality – 
•	Added information to clarify Example #2 in #1 
•	Added a new paragraph to clarify the confidentiality requirements regarding information received from Job Service North Dakota through the Unemployment Insurance Benefit system.  

Confidentiality 400-19-15-15
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 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 (PI) of the new case is one of the parents from the parent who was not the PI in 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 from the parent who was the PI in the old case.
 
2.	Information being requested by 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.),  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, 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 individual's information can be released.
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.

In accordance with the agreement with Job Service North Dakota, the Unemployment Insurance Benefit (UIB) information is owned by Job Service North Dakota.  Information received through the UIB Interface is to be used by TANF Eligibility Workers to verify UIB benefits received by 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 North Dakota Administrative Code (N.D.A.C.) Section 75-01-02.

Application/Request for Benefits 400-19-20

3.	400-19-20-20 - Required Applications in Various Circumstances – Added a new #7 under the third section to include current policy where the same application can be used to determine eligibility for the month following the month of denial when ineligibility for the first prospective month is caused by excess earned or unearned income and ineligibility is expected to last for one month only.  The month following the month of denial is the new application month and becomes the first prospective month.  

Required Applications in Various Circumstances 400-19-20-20
SFN 719, "TANF Request for Benefits" AND a Statement of Facts or SFN 405, "Application for Assistance," or the Electronic Application is required in the following circumstances:
1.	Upon an individual's initial request for assistance;
2.	In an the instance when a household receiving assistance requests to participate in any new program. For example, if (e.g. a Medicaid household requestsing TANF);
3.	Upon reapplication after an application has been denied or withdrawn, unless the denied or withdrawn status was caused solely by administrative error;
Note: A new application is not required following a denial or withdrawal of the initial month’s request when eligibility for the second month exists.  
4.	Upon reapplication after a case closes when there has been a break of assistance of at least one full calendar month, unless the closure was caused solely by administrative error; or
5.	When there is a change in the caretaker/relative not previously in the TANF household with whom the children are now residing.
 
SFN 719, "TANF Request for Benefits" AND a completed Monthly Report or a Statement of Facts, or SFN 405, "Application for Assistance," or the Electronic Application is required in the following circumstances:
1.	If the TANF case closed and the household requests TANF benefits when there has not been a break in assistance of at least one full calendar month. 
2.	If the Diversion case closed and the household requests TANF benefits and there has not been a break in assistance of at least one full calendar month. 
3.	If the TANF case closed and the household is eligible for Diversion and there has not been a break in assistance of at least one full calendar month.
4.	If the Diversion case closed for reason other than ‘Maximum Diversion’, the household reapplies for and is eligible for Diversion, and there has not been a break in assistance of at least one full calendar month. 
 
SFN 719, "TANF Request for Benefits," AND Statement of Facts, or SFN 405, "Application for Assistance," or the Electronic Application is NOT required in the following circumstances:
1.	To reopen a previously closed case as a result of a recipient's timely request for a fair hearing, or to reopen as a result of a fair hearing decision;
2.	When an individual’s status changes in status from an eligible caretaker to ineligible caretaker, or vice versa;
3.	When individuals are added to an existing, eligible household;
4.	When both parents reside in the home, the Primary Individual dies, and the other parent becomes the Primary Individual;
5.	When a case is suspended for one month due to the receipt of an extra check from a recurring source (either earned or unearned income) and ineligibility is anticipated to continue occurred for only one month; or
6.	When a case is reverted to open.; or
7. The same application can be used to determine eligibility for the month following the month of denial when ineligibility is expected to last for the month of application only.  The month following the month of denial is the initial month of application and becomes the first prospective month.

4.	400-19-20-25 - Date of Application and Start Date – Added additional information to the first paragraph to clarify the application date when an application is submitted after normal business hours or on weekends. 

Date of Application and Start Date 400-19-20-25
The date of the application is the date the signed application is received in the county agency, provided the application was submitted during normal business hours.  When an Application is submitted after normal business hours, on a weekend, or on a holiday, the application is considered received the next business day. 
Note:  The TANF Eligibility Worker must document the date an application is filed by recording the date received on the application.
 
The benefit start date is either the date the signed application was is received in the county agency or the date the household becomes eligible, whichever is later.  
Note: When a family entering North Dakota has received a current month's TANF benefit from a state that issues grants twice per month, the benefit start date is the day following the date eligibility in the other state ended or the date the household becomes eligible, whichever is later.

Monthly Reporting 400-19-25

5.	400-19-25-10 - Mailing and Return of the Monthly Report – Inserted two new paragraphs to clarify the received date of a monthly report when it is submitted after normal business hours, on weekends or holidays, or prior to the 1st day of the month. 

Mailing and Return of the Monthly Report 400-19-25-10
The TANF Monthly Reports will be are mailed on or about the 25th of each month as well as each of the last three work days of the month for cases processed after the 25th.  

Monthly reports submitted during normal business hours are considered received on the date submitted.  When a monthly report is submitted after business hours, on a weekend or holiday, the monthly report is considered received the next business day.
Note:  The TANF Eligibility Worker must document the date a monthly report is filed by recording the date received on the monthly report.

If a monthly report is submitted prior to the 1st day of the month in which it is due, the monthly report must be considered incomplete and must be returned to the household.
Note:  Instructions must be included with the returned monthly report informing the household to review the monthly report to ensure all information for the entire month is included.  The household must also be instructed to resubmit the form on or after the 1st of the month in which it is due.
 
In instances when an application is not processed until the second prospective month, the TANF Eligibility Worker must provide the applicant with a monthly report, which must be completed and returned by the last working day of the second prospective month. 
	Example: An application, is received on March 10th, and is not processed until April 23rd. The TANF Eligibility Wworker must give  provide the applicant with a monthly report in April and it which they the applicant must be complete and returned by the last working day of April. If the monthly report is not received, the case must be closed April 30th.

6.	400-19-25-30 - Reporting Changes – Inserted a new paragraph at the end of this section to clarify the received date of the reported change when it is submitted after normal business hours or on weekends. 

Reporting Changes 400-19-25-30
TANF participants are required to report all changes in household circumstances within 5 days of learning of the change, except when reporting the birth of a newborn, the household has 10 days. Changes to be reported include income, assets, number of persons in the household, address, living arrangements, or any other change that may affect eligibility and benefit amounts to the household. Failure to report changes within the allotted time may result in an overpayment claim and/or referral for possible fraud. (See Section 400-19-115-15, Proper Notification When Reducing Benefits or Closing Cases.)

Changes reported during normal business hours are considered received the day reported.  When a household reports a change by dropping off information, through voice-mail, by e-mail, or by fax on a weekend, holiday, or after normal business hours, the change is considered reported on the next working day.
Note:  The TANF Eligibility Worker must document the date a change is reported by recording the date received on the document provided or in the casefile narrative.

Redetermination of Eligibility Requirements 400-19-30

7.	400-19-30 - Redetermination of Eligibility Requirements – Inserted two new paragraphs to clarify the received date of a Redetermination of Eligibility when it is submitted after normal business hours, on weekends or prior to the 1st of the month. 

Redetermination of Eligibility Requirements 400-19-30
Eligibility for every TANF household is redetermined each month using the TANF Monthly Report. The purpose of the annual Redetermination of Eligibility is to carefully examine all relevant factors of eligibility including deprivation, income, assets, and household composition, as well as to identify any inconsistencies in the information provided through the monthly report or the interview. Effective June 1, 2010, a face-to-face interview is no longer required when completing the annual Redetermination of Eligibility.  
The automated computer system provides an alert to the TANF Eligibility Worker when a redetermination is due and automatically sends the Redetermination of Eligibility due notice advising them that the annual redetermination is due. The TANF Monthly Report/ Redetermination form is sent to the TANF Primary Individual on approximately the 25th of the month prior to the month due. 

A redetermination of eligibility form submitted during normal business hours are considered received on the date submitted.  When a redetermination of eligibility form is submitted after business hours, on a weekend or holiday, the redetermination of eligibility is considered received the next business day.
Note:  The TANF Eligibility Worker must document the date a redetermination of eligibility form is filed by recording the date received on the form.

 If the recipient fails to complete the redetermination process by the last day of the redetermination due month, the case will automatically close since continued eligibility cannot be determined. When a case closes due to recipient failure to complete the redetermination process, the individual must reapply for assistance. 
 
Counties must use forms and notices developed by the Department of Human Services (DHS) for the purposes of informing and advising clients of the status of their redetermination and their rights and responsibilities.

TANF Non-Financial Eligibility Factors 400-19-45

8.	400-19-45-20 - TANF Household Living Arrangements – Updated the wording of the Living Arrangements selected in the automated computer system to correspond with changes identified in the June 3rd, 2011 Maintenance Rollout.

TANF Household Living Arrangements 400-19-45-20
For TANF purposes, a home is the family setting maintained or in the process of being established as demonstrated by the assumption and continuation of responsibility for day-to-day care of the child by the parent or relative with whom the child is living. A home exists as long as the parent or relative continues to exercise responsibility for the care and control of the child even though the child or the parent/relative may be temporarily absent from the home. 
 
Assistance may not be denied to otherwise technically eligible families merely because they are homeless; that is, having no fixed address. Thus, a lack of a permanent dwelling or of a fixed home address does not constitute a barrier to the receipt of TANF. While residency requirements must be met a fixed address within the state is not necessary.
 
Individuals residing for a full calendar month in any living arrangement not listed below are not eligible for TANF.
 
Within this interpretation, TANF eligibility and benefit level for children and adults is determined according to the individual’s living arrangement as follows:
1.	Admitted to a Public Institution: A Public Institution is an institution or facility that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control. Examples of a Public Institution are:  Veterans Administration Hospitals, North Dakota Veteran’s Home, North Dakota Youth Correctional Center, North Dakota State Penitentiary, and city, county, or tribal jails, etc.
•	Individuals residing in Public Institutions for a full calendar month are ineligible for TANF Benefits. 

In the automated computer system, the Living Arrangement that should be selected is ‘Admit to Public Institution’.

2.	Anne Carlsen Center: The Anne Carlsen Center is located in Jamestown, ND and is an Intermediate Care Facility for the Mentally Intellectually Disabled. The Center serves children with specialized health care and education needs. 
•	Children residing at the Anne Carlsen Center for a full calendar month are ineligible for TANF Benefits. 
In the automated computer system, the Living Arrangement that should be selected is ‘Anne Carlsen Home Center/ICFID’.

3.	Away at School: An individual who resides temporarily in another North Dakota community to attend school or training.
•	The individual is eligible to be included in TANF benefit.
In the automated computer system, the Living Arrangement that should be selected is ‘Away at School’.

4.	Away from Home [Not School]:  An individual who resides temporarily in another North Dakota community for employment purposes.
•	The individual is eligible to be included in the TANF benefit.
In the automated computer system, the Living Arrangement that should be selected is ‘Away from Home [Not in School]’.

5.	Basic Care: The Basic Care Program helps aged, blind or disabled individuals who need services in a licensed, basic care facility to pay for their care.   

At the time the individual becomes TANF eligible or enters a facility, 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 entry.
•		If the individual is expected to return home within 12 calendar months, the individual residing in Basic Care 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 ‘Basic Care Facililty/Specialized Facility’.

6.	Bismarck Transitional Assessment Center: The Bismarck Transition Center (BTC) is a comprehensive, community-based correctional program designed to help eligible, non-violent offenders transition back into the community. It provides the opportunity to develop necessary skills that assist offenders in obtaining essentials such as employment and housing once they are released into society.  The program provides residents with a full-range of treatment services that decrease the likelihood of re-offense upon release. 

The Bismarck Transitional Assessment Center contracts with the offices of parole and probation to serve as a transitional living center and to provide assessment services.  
 
Individuals entering this facility on a voluntary basis while on probation are not inmates. A 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 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 ‘Hospital/ or Halfway House/In Own Home’.

•	Individuals placed at the facility as inmates who are sentenced to less than 30 days may be eligible for TANF if all factors of eligibility are met.

In the automated computer system, the Living Arrangement that should be selected is ‘In Own Home’.
•	Individuals placed at the facility as inmates who are sentenced to 30 days or more are not eligible for TANF.
In the automated computer system, the Living Arrangement that should be selected is ‘Transitional Living Center/Specialized Facility.

7.	Boarding School/Arrangement: A Boarding School is a school where some or all students study and reside with their fellow students during the school term. The word 'boarding' in this sense means to provide food and lodging. 
•	A child member of the TANF household who resides in a boarding school arrangement is eligible only for the TANF benefit of $45 monthly personal needs allowance.  
Note: If a child was removed from the home of a parent or relative by court order as a result of neglect or abuse and placed in a boarding school arrangement, there is no eligibility for the $45 monthly personal needs allowance.
•	A child member of the TANF household in a Boarding Arrangement in another community for reasons such as attending school when needed specialized facilities in the home community are lacking or inclement weather or transportation problems make school attendance near the child's usual home difficult or impossible is eligible only for the $45 monthly personal needs allowance. 
In the automated computer system, the Living Arrangement that should be selected is ‘Boarding School/Away at School’.

8.	Camp Grassick: Camp Grassick is located on Lake Isabel near Dawson, ND, and provides services to children and adults with various disabilities and special needs. Six different camping sessions during the summer focus on different needs - therapy for children between the ages of 7 through 15, social interaction with peers, adults with disabilities, and the blind and visually impaired.
•	A child member of the TANF household receiving physical and/or speech therapy at Camp Grassick during the summer months is eligible to be included in the TANF benefit for the full TANF Basic Standard of Need.
In the automated computer system, the Living Arrangement that should be selected is ‘In Own Home’.

9.	Home and Community Based Services - In Own Home: This program helps eligible individuals who would otherwise require nursing care services to remain in their homes. This includes individuals who receive HCBS services under the Aged and Disabled or Developmental Disability waiver.
•	Individuals receiving Home and Community Based Services in their own home remain eligible for a TANF benefit.
In the automated computer system, the Living Arrangement that should be selected is ‘Home/ and Community Based Service /I in Own Home’.

10.	Home and Community Based Service - In Specialized Facility: This program helps eligible individuals who would otherwise require nursing care services to reside in a specialized facility.   This includes individuals who receive HCBS services under the Aged and Disabled or Developmental Disability waiver.
•	Individuals receiving Home and Community Based Services in a Specialized Facility for a full calendar month are ineligible for TANF Benefits.
In the automated computer system, the Living Arrangement that should be selected is ‘Home/ and Community Based Serv/ Specialized Facility’.

11.	Hospital/Halfway House: 
•	A hospital is an institution where individuals receive medical, surgical, or psychiatric treatment. A medical plan must be provided verifying the individual is expected to return home within 12 calendar months from the month of entry.
•	A halfway house provides a temporary residence for individuals waiting for institutional placement or for those individuals who have left an institution and who are preparing to re-enter the community. (Examples of these facilities are city and county hospitals, halfway houses, etc.) A plan must be provided verifying the individual is expected to return home within 12 calendar months from the month of entry.
When an individual enters either a  hospital or halfway house: 
•		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 ‘Hospital/ or Halfway House/In Own Home’.

12.	In Own Home: An individual who resides in the home of the TANF applicant or recipient.
Note: A child member of the TANF household who resides in the home but is under the jurisdiction of the court and receiving probation services or protective supervision is eligible to be included in the TANF household.
 In the automated computer system, the Living Arrangement that should be selected is ‘In Own Home’.

13.	Intermediate Care Facility for the Mentally Intellectually Disabled (ICF/MRID): An ICF/ MRID facility is primarily for the diagnosis, treatment, or rehabilitation for people with mental intellectual disabilities or other related conditions, and provides treatment and care in a protected residential setting to help individuals function at their greatest ability. ICF/ MRID services are defined in regulations as those items and services furnished in an intermediate care facility for people with mental intellectual disabilities such as ongoing evaluation, planning, 24-hour supervision, coordination, and integration for health or rehabilitative services.
•	Children placed in an ICF/MRID are ineligible for TANF Benefits beginning the first full calendar month they reside in the facility. 
In the automated computer system, the Living Arrangement that should be selected is ‘ Intermediate Care Facility/ MRID (ICF/ID)’.

14.	Job Corp: Job Corps is a no-cost education and vocational training program administered by the U.S. Department of Labor that helps young people ages 16 through 24 obtain a better job, make more money, and take control of their lives.

The Burdick Job Corps in Minot opened in September 1994 to serve North Dakota residents. Since Job Corps is required to serve low-income students, many may come from families who are receiving assistance. The Center also has a Solo Parent Program which offers residential facilities to allow a single parent the option of bringing their child(ren) to the Job Corps Center while receiving education and training. The Center has an on-site Child Development Center operated by Head Start which will provide child care while the parent is in training.
•	A dependent child attending training and residing at a Job Corps facility either in or out of state is eligible to be included in the TANF household and included for the full TANF Basic Standard of Need. 
•	Pregnant minor parent in the third trimester of pregnancy participating in the Job Corps Program is eligible to apply for TANF benefits on their own behalf because they are living in an approved living arrangement. 
•	A Caretaker attending Job Corp in North Dakota is eligible for TANF when residing in Job Corp.
•	A Caretaker attending Job Corp out-of-state is no longer a resident of North Dakota and is no longer eligible for TANF.
In the automated computer system, the Living Arrangement that should be selected is ‘Job Corp/Away from Home (Not School)’.

15.	Licensed Foster Home: Foster care is 24-hour, out-of-home care for children whose parents are unable, neglectful, or refuse to provide for their children's needs. Foster care meets their needs for food, clothing, shelter, security, safety, guidance and comfort.
•	Children placed in Foster care are ineligible for TANF Benefits. 
In the automated computer system, the Living Arrangement that should be selected is ‘Licensed Foster Home/Specialized Facility’.

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 ‘‘Hospital/ or Halfway House/In Own Home’.

17.	
North Dakota Schools for the Deaf and Blind:
•	The North Dakota School for the Deaf is located in Devils Lake, ND, and provides educational services to children with severe to profound hearing loss.  
•	A child member of the TANF household who resides at the School for the Deaf is eligible for only the $45 monthly personal needs allowance. 

•	The North Dakota School for the Blind is located in Grand Forks, ND, and provides a full range of service options based on individual strengths and needs to individuals who are blind or visually impaired.
•	A child member of the TANF household who resides at the School for the Blind is eligible for only the $45 monthly personal needs allowance. 
In the automated computer system, the Living Arrangement that should be selected is ‘School for the Blind/ or Deaf School/ Specialized Facility’.

18.	Nursing Home: A nursing home is a place of residence for individuals who have significant deficiencies with activities of daily living and require constant nursing care. Residents include the elderly and younger adults with physical disabilities. Adults, 18 or older, can stay in a skilled nursing facility to receive physical, occupational, and other rehabilitative therapies following an accident or illness.  

At the time the individual becomes TANF eligible or enters a facility, 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 ‘Nursing Home/Long Term Care Facility’.

19.	Kay’s Place (Formerly Oppen Home): Kay’s Place is a licensed group home located in Minot, ND, and provides residential services for girls 12 through 19 years of age who are unruly, delinquent, neglected, pregnant, or substance abusers.  Kay’s Place is available as either a resident or day-student basis. 
•	Individuals who reside at Kay’s Place as a Foster care setting are ineligible for TANF Benefits beginning the first full calendar month they reside in the facility.  
In the automated computer system, the Living Arrangement that should be selected is ‘Licensed Foster Home/Specialized Facility’.

•	Individuals who reside at Kay’s Place not as a foster care setting are not charged for board, room or services and are considered residing in a Boarding Arrangement. These individuals are eligible for the $45.00 clothing and personal needs allowance. 
In the automated computer system, the Living Arrangement that should be selected is ‘Boarding School/Away at School’.

•	Individuals receiving services on a day-student basis 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’.

20.	Out of State Institution for Mental Disabilities: An out of state institution for mental disability provides psychiatric and chemical dependency services.
•	Children residing at an out of state institution for mental disability for a full calendar month are ineligible for TANF Benefits. 
In the automated computer system, the Living Arrangement that should be selected is ‘Out of State/IMD Facility’.

21.	Perry Center: The Perry Center is located in Fargo, ND, and provides a range of maternity related residential and educational services to unmarried expectant mothers. 
•	An individual who resides at the Perry Center is eligible to be included in the TANF household of her parent/guardian up to her third trimester.
•	In her third trimester she is eligible to apply on her own behalf as she is residing in a supervised living arrangement. The benefit will be based on the TANF Basic Standard of Need for one adult. 
•	The baby’s needs cannot be included in the benefit until the month of birth and required verifications are provided.
In the automated computer system, the Living Arrangement that should be selected is ‘Perry Ctr Center/Away From Home [Not School].

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 at St. Johns Psyc Ctr/IMD Facility’.

•	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’.

23.	Psychiatric Residential Treatment Facility: Facilities that are accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and provide inpatient psychiatric services.
•	Children placed in a Psychiatric Residential Treatment Facility for a full calendar month are ineligible for TANF Benefits. 
In the automated computer system, the Living Arrangement that should be selected is ‘Psychiatric Residental Trtmt Treatment Ctr Center /Long Term Care (PRTF)’.

24.	Residential Treatment Center: A Residential Treatment Center provides:
a.	Live-in therapy/behavior modification for adolescents who present a variety of conditions, ranging from drug abuse to violence to sexual behavioral problems;
b.	Live-in therapy for adults and adolescents with alcohol, substance abuse or sex addiction;
c.	Live-in treatment for individuals who are sex offenders.
•	Individuals residing in a Residential Treatment Center for a full calendar month are ineligible for TANF Benefits.

Current facilities that meet this definition include, but are not limited to: Heartview Foundation (Bismarck), Centre Inc. (Fargo, Grand Forks and Mandan), Center for Solutions (Cando) 
Note: Additional facilities, not identified above, can be researched at http://theagapecenter.com/Treatment-Centers/North-Dakota.htm to determine if they meet the definition of a Residential Treatment Center.
In the automated computer system, the Living Arrangement that should be selected is ‘Residental Treatment Ctr Center/ Specialized Facility’.

25.	Robinison Recovery Center: The Robinson Recovery Center located in Fargo, ND, is a Residential Treatment Center for individuals with methamphetamine addiction.  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 ‘Robinson Recovery Ctr Center/ Specialized Facility’

26.	Saint Gianna’s Maternity Home: The Saint Gianna’s Maternity Home is located in Warsaw, ND and provides care for pregnant women who are 18 years of age and older.  The home provides food and clothing to pregnant women and their children in times of personal crisis as well as education and counseling services.
•	A person who resides at the Saint Gianna’s Maternity Home is eligible to be included in the full TANF Basic Standard of Need.
In the automated computer system, the Living Arrangement that should be selected is ‘In Own Home’.

27.	Sister’s Path: Sister’s Path is a drug/alcohol treatment center, located in Fargo, ND, serving women and their families.  
•	While residing at Sister’s Path, 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 ‘Robinson Recovery Ctr Center/ Specialized Facility’

28.	Stadter Psychiatric Center: The Stadter Psychiatric Center, located in Grand Forks, ND, provides Psychiatric services to adolescents (ages 13 through 18) and adults (ages 18 and older).  Children ages 10-12 are served if screening determines services are appropriate. 

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 ‘Stadter Psychiatric Center Ctr/Spec IMD Facility’.

29.	State Hospital: The State Hospital is located in Jamestown, ND, and provides specialized psychiatric and substance abuse services for individuals over age 21 whose needs exceed the resources and capacity of other community services. Services are provided on an in-patient or residential level of the hospital: Adult Psychiatric Service and Chemical Dependency Service. 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 ‘State Hospital (Age 21 and greater)’.

30.	State Hospital - under 21: The State Hospital is located in Jamestown, ND, and provides specialized psychiatric and substance abuse services for individuals under age 21 whose needs exceed the resources and capacity of other community services. Services provided on an in-patient or residential level of the hospital include Chemical Dependency and Child and Adolescent. 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 ‘State Hosp<21/IMD Facility (Under age 21)’.

31.	Swing Bed: A swing bed is a unit within a hospital or critical access hospital (CAH) participating in Medicare that has Centers for Medicare Services (CMS) approval to provide post-hospital skilled Nursing Facility (SNF) care and meets certain requirements. 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 ‘Swing Bed/Long Term Care Facility.

32.	Teen Challenge: North Dakota Teen Challenge, located in Mandan, ND, is a faith-based residential recovery program for individual’s age 18 or older battling drug and alcohol addiction.
•	Individuals placed in Teen Challenge’s residential recovery program for a full calendar month are ineligible for TANF Benefits.
In the automated computer system, the Living Arrangement that should be selected is ‘Residental Treatment Ctr Center/ Specialized Facility’.

33.	Transitional Living Facility: A Transitional Living Facility is a facility that provides programs designed to help offenders transition into the community.
•	Individuals placed in a Transitional Living Facility for a full calendar month are ineligible for TANF Benefits.
In the automated computer system, the Living Arrangement that should be selected is ‘Transitional Living Center/Specialized Facility’.

34.	Voluntary Placement: The Volunteer Placement Program is not a foster care placement. The child could be placed in a facility that is not inpatient care including PATH and county foster families or facilities, i.e. Manchester House, Dakota Boys Ranch, Prairie Learning Center, etc. The parents retain care, custody, and control of the child. Children in the Volunteer Placement Program are considered temporarily out of their home with a plan to return to their parental unit. The length of stay in a facility varies depending on the needs of the child. 
•	Children placed into a facility under the Volunteer Placement Program are eligible for the $45.00 clothing allowance provided all other factors of eligibility are met for the TANF Program. The out-of-home payment will be part of the TANF benefit paid to the parent/caretaker.
In the automated computer system, the Living Arrangement that should be selected is ‘Voluntary Placement/ Specialized Facility’. 

9.	400-19-45-40-25 - Qualified Aliens – Added additional family members who are considered Qualified Aliens under #9, ‘victim of a severe form of trafficking’.

Qualified Aliens 400-19-45-40-25
Qualified aliens are aliens who are Lawfully Admitted for Permanent Residence (LPR) under INS status.  North Dakota has elected to provide Qualified Aliens, as defined in 8 USC 1641, with TANF benefits provided all TANF eligibility requirements are met. 
Note: TANF Policy does not require eligible Qualified Aliens to meet the 40 qualifying quarters of employment history (Social Security Coverage).
 
A ‘qualified alien’ is defined as an alien who, at the time the alien applies for, receives, or attempts to receive TANF, is:
1.	Lawfully admitted for permanent residence (LPR) under the Immigration and Nationality Act 8 U.S.C. 1101 et seq.].  
	Note: Lawfully Admitted for Permanent Residence means the status of having been lawfully accorded the privilege of residing permanently in the United States,  
2.	Granted asylum under section 208 of such Act [8 U.S.C. 1158], 
3.	A refugee admitted to the U.S. under section 207 of such Act [8 U.S.C. 1157], including authorized Iraqi and Afghan Special Immigrants and their families admitted to the U.S. under section 8120 of the Department of Defense Appropriations Act of 2010 effective December 19, 2009,
4.	Paroled into the U.S. under section 212(d)(5) of such Act [8 U.S.C. 1182 (d)(5)] for a period of at least 1 year
5.	An individual whose deportation is being withheld under section 243(h) of such Act [8 U.S.C. 1253] or section 241(b)(3) of such Act [8 U.S.C. 1231 (b)(3)] (as amended by section 305(a) of division C of Public Law 104-208); or 
6.	Granted conditional entry pursuant to section 203(a)(7) of such Act [8 U.S.C. 1153 (a)(7)] as in effect prior to April 1 1980; or
7.	A Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or
8.	An Amerasian immigrant admitted to the U.S. pursuant to section 84 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988; or
9.	A victim of a severe form of trafficking, including; 
•		If the victim is under 21, the victims spouse, children and unmarried siblings under 18 years of age on the date on which the victim applied for this status,  
•		If the victim is age 21 or older, the spouse and children of the victim and also includes the victims parent or unmarried sibling under age 18 if it is determined that the parent or unmarried sibling faces a present danger of retaliation as a result of the alien’s escape from the severe form of trafficking or cooperation with law enforcement. 
10.	An alien who has a past or current involvement with the United States Armed Forces. (These individuals include honorably discharged veterans, qualified aliens on active duty in the United States’ armed forces, and the spouse or unmarried dependent child(ren) of such individuals.) (See Section 400-19-45-40-25-15, Establishing Past or Current Military Involvement of an Alien.)
11.	A Native American born in Canada who possesses at least 50% of blood of the American Indian race to whom the provisions of Section 289 of the INA apply. (See Section 400-19-45-40-35, American Indians Born in Canada.)
12.	An alien who (or whose child or parent) has been battered or subjected to extreme cruelty in the United States and otherwise satisfies the requirements of 8 U.S.C. 1641(c). Should an individual be identified, please contact State TANF Policy.
13.	Hmong and Highland Laotian with an immigration status that qualifies such as legal permanent residents or a veteran.

10.	400-19-45-40-25-10 - Qualified Aliens Lawfully Admitted for Permanent Residence on or After August 22, 1996  
•	Updated the wording in #3 to include Refugee Unaccompanied Minors 
•	Added additional family members under #7, victim of a severe form of trafficking, who are considered Qualified Alien.

Qualified Aliens Lawfully Admitted for Permanent Residence on or After August 22, 1996 400-19-45-40-25-10
Qualified aliens who entered the United States for permanent residence on or after August 22, 1996, are not eligible for any federally funded TANF benefit for 5 years from the date they entered the United States. This 5-year period is also known as a ‘5-year ban on benefits’ and is effective on the date the individual entered the country as a qualified alien, or the date the individual becomes a qualified alien, whichever is later. (See Section 400-19-45-40-30, Sponsor Income and Assets).
 
The following qualified aliens are exempt from the ‘5-year ban on benefits’ and may be eligible for TANF, if all other TANF eligibility criteria are met:
1.		Aliens who have a past or current involvement with the United States Armed Forces.  (These individuals include honorably discharged veterans, qualified aliens on active duty in the United States’ armed forces, and the spouse or unmarried dependent child(ren) of such individuals.) (See Section 400-19-45-40-25-15, Establishing Past or Current Military Involvement of an Alien.)
2.		An Amerasian immigrant admitted to the U.S. pursuant to section 84 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988;
3.		Refugees, Refugee Unaccompanied Minors and including Iraqi and Afghani Special Immigrants who are considered refugees as of December 19, 2009;
4.		Asylees who have been granted asylum (not applicants for asylum);
5.		Aliens whose deportation was withheld under Section 243(h) of the Immigration and Naturalization Act (INA);
6.		Cuban and Haitian Entrants;
7.		Victims of a severe form of trafficking, including
•	If the victim is under 21, the victims spouse, children and unmarried siblings under 18 years of age on the date on which the victim applied for this status, 
•	If the victim is age 21 or older, the spouse and children of the victim and also includes the victims parent or unmarried sibling under age 18 if it is determined that the parent or unmarried sibling faces a present danger of retaliation as a result of the alien’s escape from the severe form of trafficking or cooperation with law enforcement.

Qualified Aliens who entered the US under one of the categories exempt from the 5 year ban remain eligible for TANF when their alien status is converted to a category that is not exempt from the 5 year ban.  
Example: An individual enters the US with a status of Refugee (exempt from the 5 year ban). Two years later, their status changes from Refugee to Lawful Permanent Resident (LPR).  The status used when determining continued eligibility for TANF is Refugee (status as of date of entry) for the duration of the 5 year eligibility period.

11.	400-19-45-40-30 - Sponsor Income and Assets– Updated wording in the Sponsor Deeming section to clarify policy when determining if a Legal Permanent Resident (LPR), who is sponsored, is indigent.
Sponsor Income and Assets 400-19-45-40-30
For purposes of this section, sponsor deeming is a process used to determine the eligibility for and amount of TANF benefits that a Lawful Permanent Resident (LPR) may receive. The State must consider the income and assets of the sponsor and the sponsor’s spouse available to the sponsored LPR when determining eligibility for and the amount of TANF as defined in this section.
 
Title IV of PRWORA 1996 as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and the Balanced Budget Act (BBA) of 1997 created a new affidavit of support requirement for sponsors of certain LPR’s and new rules for deeming income and assets from the sponsor to the LPR. In particular, section 423 of PRWORA, as amended, added section 213A to the INA, which directed the Attorney General to develop a new, legally enforceable affidavit of support, Form I-864, “Affidavit of Support under Section 213A of the Act” that must be executed by certain sponsors. The I-864 Affidavit became effective on December 19, 1997.
Note: The I-864 Affidavit is required for most family-based immigrants, and some employment-based immigrants. All immigrants who have an I-864 Affidavit are LPR’s.
 
To be a sponsor, the individual executing the I-864 Affidavit, must:
1.	Be a citizen or national of the United States or a lawful permanent resident of the United States, 
2.	Be at least 18 years of age, 
3.	Be a resident in the United States or any of its territories or possessions, and 
4.	Demonstrate the means to maintain a gross annual household income of at least 125% of the Federal Poverty Level (FPL) (100% of FPL, if the sponsor is on active duty in the Armed Forces of the US and is sponsoring a spouse or child) for the sponsor's household size.
Note: For purposes of the I-864 Affidavit, the sponsor's household size includes the sponsor, all persons who are related to the sponsor by birth, marriage, or adoption and who live at the same residence as the sponsor, and any other dependents whom the sponsor has lawfully claimed on the sponsor's personal Federal income tax return (even if those dependents do not live with the sponsor), plus all aliens included in the current affidavit of support, and any LPR’s who have been previously sponsored under section 213A of the Act, unless the obligation has terminated. 
 
When an LPR is sponsored in accordance with an I-864 Affidavit, the sponsor’s income and assets as well as the income and assets of the sponsor’s spouse must be deemed to the LPR, with the following exceptions:   
1.	LPR’s who applied for an immigrant visa at a consular office or adjustment of status to LPR before December 19, 1997;
2.	Qualified aliens who are sponsored by an organization or who are not LPR’s and who are not required to have a sponsor (e.g. refugees, asylees, parolees, and Cuban and Haitian entrants);
3.	LPR’s who entered as Refugees or Asylees and whose status was adjusted to LPR;
4.	Victims of severe forms of trafficking;
5.	Non-citizens, including US nationals, who do not have to have sponsors; and
6.	Non-citizens whose sponsors signed affidavit(s) of support other than the I-864 Affidavit of Support.  

Sponsor deeming would not apply for a 12-month period if:
1.	The sponsored LPR or certain family members have been determined a victim of domestic violence or extreme cruelty, and
Note: The 12-month period can be extended if the abuse or cruelty is recognized by a court order, an Administrative Law Judge, or the INS, AND the victim does not live with the batterer.
2.	The sponsored LPR would be indigent (unable to obtain food and shelter without government assistance). If determined indigent, then only the amount of income and assets actually provided by the sponsor or the sponsor’s spouse would be deemed to the LPR.  Each indigent determination is renewable for additional 12-month periods.
Note: To determine if the LPR is indigent, the amount of the gross income of the LPR’s, the LPR’s spouse and any individual’s required to be part of the TANF household income plus any cash, food, housing or other assistance, including in-kind, provided by other individuals or agencies, including the sponsor and the sponsor’s spouse, cannot exceed 125% of the Federal Poverty Level for the size of the LPR’s household.  A reimbursement of an expense is not counted as income in this determination.
When an LPR’s is sponsored in accordance with an affidavit other than the I-864 Affidavit, deeming of the sponsor’s income and assets as well as the income and assets of the sponsor’s spouse does not apply.

12.	400-19-45-40-30-10 - Deeming Period – Added wording to clarify policy when determining whether or not to allow a quarter to be credited towards the 40 qualifying quarters.

Deeming Period 400-19-45-40-30-10
The period which the sponsor’s income and assets are deemed continues until:
•	The sponsored LPR becomes a US citizen, or
•	The sponsored LPR has earned or can be credited with 40 qualifying quarters of coverage, or
•	The sponsored LPR departs the US permanently, or
•	The sponsored LPR dies.
Note:  Beginning January 1, 1997, no quarter counts if the alien received any federal means-tested public assistance during that quarter. Federal means-tested public assistance programs for this provision are: SNAP, Medicaid, SSI, and TANF.

13.	400-19-45-40-45 - Documentation/Verification of Citizenship– Added addition forms under #3 that can be used to verify the status of a Victim of Human Trafficking.

Documentation/Verification of Citizenship 400-19-45-40-45
3.	Victim of Human Trafficking 
•	"T"  visa or Certification Document from the Office of Refugee Resettlement (Victim); 
•	I-94 or passport containing nonimmigrant visa;
•	I-688B or I-766 or other INS document indicating nonimmigrant status;
•	Any verification from the INS or other authoritative document

These documents may have one of the following codes:
•	Non Immigrant Code of:
•	“T-1” (Victim) 
•	“T-2” (Spouse of Victim) or 
•	“T-3 (Child of Victim)
•	Immigrant Code of:
•	ST6 (Victim)
•	ST7 (Spouse of Victim); OR
•	ST8 (Child of Victim

14. 	400-19-45-75-20 - Determination of Job Quit/Refusal of Employment– Removed the words ‘on or’ from #1.a. as the JOBS Employment Contractor determines ‘good cause’ for a job quit or refusal of employment beginning ‘after’ the TANF Application Date. 

Determination of Job Quit/Refusal of Employment 400-19-45-75-20
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, on the date of application or 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 on the date of application or during the 30-day period prior 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.)
1. If the referral is for a TANF applicant (to meet Up-front Eligibility Requirements and/or complete a Proof of Performance) AND the job quit or refusal of employment occurred on or after the TANF Application Date (thru the Up-front Eligibility or Proof of Performance Period), the JOBS Employment Contractor must determine if ‘good cause’ exists for the job quit or refusal of employment.
a.  If ‘good cause’ does exist, the TANF Eligibility Worker must be notified that the ‘good cause claim’ was approved and the JOBS participant must continue to follow JOBS requirements.
b. If ‘good cause’ does not exist, the individual is deemed to have failed the Upfront and/or Proof of Performance requirements and the referral must be returned to the TANF Eligibility Worker.  The TANF Eligibility Worker will deny the TANF application and the individual will need to serve a 30 day disqualification period, beginning the day following the day the job quit or refusal of employment occurred.
Note: Should the individual reapply within 30 days of the job quit or refusal of employment, the TANF Eligibility Worker would make the determination based on policy defined in Section 400-19-45-75-05, Overview.
2. If the referral is for an individual in an ongoing case whose ‘good cause’ or ‘exemption period’ is ending, and a job quit or refusal of employment occurred:
	a. Prior to the ‘good cause’ or ‘exemption period’ end date, 	the JOBS Employment Contractor does not take any action 	as job quit or refusal of employment does not apply during 	‘good cause’ or ‘exempt’ periods.
b.  After the ‘good cause’ or ‘exemption period’ end date, the ‘good cause’ process must be initiated.  
i.		If ‘good cause’ exist, the TANF Eligibility Worker must be notified that the ‘good cause’ claim was approved and the JOBS participant must continue to follow JOBS requirements.
ii.		If ‘good cause’ does not exist, a recommendation for sanction must be sent to the TANF Eligibility Worker.
Note #1:   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.

3. If the referral is for an individual in an ongoing case who must complete a Proof of Performance, and a job quit or refusal of employment occurred:
a. If ‘good cause’ does exist, the TANF Eligibility Worker must be notified that the ‘good cause claim’ was approved and the JOBS participant must continue to follow JOBS requirements.
b. If ‘good cause’ does not exist, the individual is deemed to have failed the Proof of Performance requirements and the TANF Eligibility Worker must be informed.  The case will progress to closure.
Note #1:  For (b) and (c) above, tThe 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.

15. 	400-19-45-90-10 - Benefit Cap Factors of Eligibility – Reworded #5 of the first list and #7 of the second list for clarification.

Benefit Cap Factors of Eligibility 400-19-45-90-10
A child born on or after July 1, 1998, to a household member who was a recipient of TANF during the month of probable conception is identified as a Benefit Cap child. The month of probable conception will be determined by counting back 9 months from the birth month (do not include the birth month of the child when counting back 9 months)
Note: A doctor’s statement verifying the month of conception cannot be used to determine whether or not a child is a Benefit Cap child with the exception of premature birth.  
 
In cases in which the probable conception is disputed due to a premature birth, the client will be responsible for obtaining a medical verification (i.e., physician’s statement) of the month of conception. In the case of a premature birth, State TANF policy must be contacted in order to ensure correct processing.
 
In order for the Benefit Cap provision to apply, the mother or father with whom the Benefit Cap child resides must have received a TANF benefit or deemed eligible for a TANF benefit in North Dakota during the probable month of conception. The Benefit Cap provision applies to both parents. In cases where the Benefit Cap child changes residence from one parent to the other parent, the Benefit Cap provision will apply if the other parent received a TANF benefit during the month of conception.
NOTE: Deemed eligible means the parent would have been eligible for a benefit had they not been sanctioned, disqualified or eligible for a $0.00 benefit in the probable month of conception. 
 
There is no TANF eligibility when the only parent in the household is an SSI recipient and the only child is a Benefit Cap child.
 
A Benefit Cap child is no longer considered a Benefit Cap child if the case in which the child is a Benefit Cap child closes and remains closed for 12 continuous months. The 12 continuous month period is calculated based on months benefits were issued to the household or the household was otherwise deemed eligible.  
 
The Benefit Cap provisions will remain in effect when:
1.	The adult parent received a TANF benefit during the month of conception but the case is closed before the birth of the Benefit Cap child and the case is reopened within 12 months of the case closure.
2.	The adult parent received a TANF benefit during the month of conception but the case is closed after the birth of the Benefit Cap child and the case reopens within 12 months.
3.	The only parent in the household is an SSI recipient but was a TANF recipient during the probable month of conception.
4.	The conception occurred while the adult parent received a TANF benefit in North Dakota and the family moved out of state either before or after the birth of the child. The Benefit Cap provisions will apply at the time the family reapplies for assistance in North Dakota if the case has not been closed for 12 continuous months.  
5.	The Benefit Cap child moves to live outside the household into which the child was born. The Benefit Cap provisions still apply upon the child’s return if that case the household into which the child was born has not been closed for a continuous 12 month period during the Benefit Cap child’s absence.
6.	If a household reapplies for TANF in the 12th month following case closure, the automated computer system recognizes the household is reapplying within 12 months of case closure and the child remains a Benefit Cap child.  
Note: The automated computer system is not able to recognize the child as a Benefit Cap child when eligibility for the 2nd prospective month is processed prior to benefits being issued for the 1st prospective month. Therefore, in these cases, it is imperative to delay processing of the 2nd prospective month until after the 1st prospective month’s benefits are issued (issuance indicator is set to ‘P’ on the TANF Benefit History Window). 

The Benefit Cap Provisions do not apply when:
1.	The pregnancy is determined to be the result of rape or incest;
2.	A case into which the Benefit Cap child was born has been closed for 12 or more continuous months;
3.	Conception occurred while an adult parent was in receipt of TANF benefits in another state, then moved to North Dakota and applies for TANF.
4.	The child is living in the home of a non-legally responsible relative.
5.	The probable month of conception occurred when a parent was under the age of 18 or during the month in which they turned 18. 
Note: While the Benefit Cap provision applies to both parents, its effect is based on whether the parent with whom the child resides was an adult or a minor in the probable month of conception.
 6. A child is conceived and born into a TANF household in which no adult received a TANF benefit for reasons other than sanction or disqualification.
Example #1: Both parents were SSI recipients in the month of probable conception.  Since no adult received a benefit, the Benefit Cap provision does not apply. 
Example #2: The only parent in the household is an SSI recipient and was an SSI recipient during the month of probable conception.  The Benefit Cap provision does not apply. 
Example #3: One parent is an SSI recipient and the other is receiving TANF.  The Benefit Cap provision applies as long as the parent receiving benefits remains in the household. 
7.	A child was conceived If, on or after October 1, 2008, conception occurred in a month in which the legally responsible caretaker was in receipt of Diversion.

16. 	400-19-45-105 - Eligibility Factors for Refugee Households – Added two paragraphs to the end of this section to clarify that when the PI of the household is a Refugee and does not have an SSN, the household must receive their TANF benefits through the Protective Payee method until the SSN is received.

Eligibility Factors for Refugee Households – 400-19-45-105
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 the Reception and Placement assistance 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 that 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.

The unrestricted money payment is the basic method for providing assistance to eligible households.  However, the individual must have a Social Security Number (SSN) in order to issue the TANF benefit through use of the electronic funds transfer.  For households where the Primary Individual (PI) does not have an SSN, payment of the TANF benefits must be issued through the Protective Payee method until the PI receives their SSN.

Once the SSN is received, enter the SSN and remove the Protective Payee data.  That information will then be sent to US Bank who will set up an account and issue the household a TANF Reliacard.

TANF Financial Eligibility Factors – 400-19-55

17. 	400-19-55-05-15 - Countable Assets – Added a new #9 to clarify that Retirement Plans held in employer-sponsored retirement plans are not countable while the individual is employed with the company holding the retirement plan.  

Countable Assets – 400-19-55-05-15
9.	Retirement Plans – Private retirement plans are countable.  Funds held in employer-sponsored retirement plans, are not countable while and individual is employed with the company holding the retirement plan. 

9 10.Trusts -- Trust assets available for disposal or use by the TANF household. This does not include trust assets held by a member of the TANF household as trustee unless the trust beneficiaries are also members of the TANF household.  If you are the TANF Eligibility Worker is not certain whether an arrangement constitutes a trust, contact the Legal Advisory unit.  Submit all trusts to the Legal Advisory unit for review and identify who is applying for assistance, send a complete copy of the trust agreement, provide verification of all assets owned by the trust, and provide any other relevant documents or information.

10. 11. Vehicles -- With the exception of one vehicle of any equity value per TANF household, the equity value of all additional vehicles owned by members of the TANF household is considered a countable asset. To determine the value of a vehicle, use the average trade-in value with no add on’s found in one of the reliable used car guides (NADA Car Guide or Kelley Blue Book, etc.), either hard copy or on the internet.

11. 12. Workers with Disabilities PASS Accounts -- The assets excluded under the Workers with Disabilities coverage group as an approved plan to achieve self-support (pass) are countable assets under TANF.

18. 	400-19-55-05-30 - Exempt Assets - Added a new #21 to clarify that Private Retirement Plans are countable assets.  

Exempt Assets – 400-19-55-05-30
21.	Retirement Plans – Funds held in employer-sponsored retirement plans are not countable while an individual is employed with the company holding the retirement plan.  However, private retirement plans are countable. 

21. 22. SSI Recipients Assets - The equity value of all assets owned by any SSI recipient are exempt.  Solely or jointly owned assets with an SSI recipient are considered exempt assets.

22. 23. Tribal High School Graduate/GED Payments - Payments from Tribes within North Dakota to tribal members who graduate from high school or receive a GED are considered non-recurring lump sum. These payments are an exempt asset in the month following the month of receipt.

23. 24. Vehicles - One vehicle limited to car, van, or pick-up normally used as a family vehicle of any equity value. The vehicle with the greatest equity value will be exempted.

19. 	400-19-55-10-10 - Terminated Source of Income - Added an example after the second paragraph for additional clarification of the policy.

Terminated Source of Income 400-19-55-10-10
For purposes of this section:
•	Source: An entity from whom income, earned or unearned, is received.
•	Terminated:  Income, earned or unearned, that stops or ends and is not anticipated to begin again.
 	
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 month. 
	Example:  The 1st and 2nd prospective months are January and February and the 1st retrospectively budgeted month is March.  
•	If the income ends in January or February and none is received in the calendar month of March, the income is considered a terminated source of income.
•	If the income continues to be received in the calendar month of March, it is not considered from a terminated source and January income would be counted when determining March benefits.
 
If income is not received in the 1st retrospectively budgeted month, but in a later month the individual receives income from the same source (e.g. rehired to same job, begins receiving the same type of unearned income, etc.), the income received during the 1st or 2nd prospective months continues to be considered terminated source income.
Exception: Income received by an individual who is on temporary leave and who expects to return to the same employment when the leave ends is not considered income from a terminated source.
 
Terminated Source of Income is not counted when retrospective budgeting if the last payment was received during a prospective month. The following examples illustrate the treatment of terminated source income under two-month retrospective budgeting.
Example # 1: Applicant With Recurring Income Which Ends During First Prospective Month
 
Client applies in January and receives $200 unearned income. The unearned income ends during January.
 
 	Prospective	Retrospective	
Benefit Month	JAN	FEB	MARCH	APRIL	MAY	
Base Month	JAN	FEB	MARCH	APRIL	MAY	
Need Standard	 523	523	523	523	523	
Net Income	-200	  -0	  -0*	  -0	  -0	
TANF Benefit	323	523	523	523	523	
 *    The $200 unearned income received in January is considered income from a terminated source, as it ends in the 1st prospective month. It is prospectively budgeted in January; adjusted, if necessary, when actuals are received. It is not counted again in the first retrospective benefit month of March.

Example #2: Applicant With Recurring Income Which Ends During Second Prospective Month
 
Individual applies in January and receives $200 unearned income in February. The unearned income ends during February. 
 	Prospective 	Retrospective 	
Benefit Month	JAN	FEB	MARCH	APRIL	MAY	
Base Month	JAN	FEB	MARCH	APRIL	MAY	
Need Standard	523	 523	523	523	523	
Net Income	  -0	-200	  -0	  -0*	  -0	
TANF Benefit	523	323	523	523	523	
 *   The $200 unearned income received in February is considered income from a terminated source as it ends in the 2nd prospective month. It is prospectively budgeted in February; adjusted, if necessary, when actuals are received.  It is not counted again in retrospective benefit month of April.
 
Example #3: Applicant With Recurring Income Which Ends During First Or Subsequent Retrospective Months
 
Individual applies in January and receives $200 unearned income in January, February and March. The unearned income ends during March.
 	Prospective  	Retrospective  	
Benefit Month	JAN	FEB	MARCH	APRIL	MAY	JUNE	
Base Month	JAN	FEB	JAN	FEB	MARCH	APRIL	
Need Standard	523	523	523	523	523	523	
Net Income	-200	-200	-200*	-200	200**	  -0	
TANF Benefit	323	323	323	323	323	523	
 *   The $200 unearned income received in January and February is considered recurring income and NOT income from a terminated source. It must be budgeted in both the prospective benefit months (January and February) and the retrospective benefit months (March and April).
 
** The $200 unearned income received in March must be budgeted against the May benefit. 

20. 	400-19-55-15-05 - Definition of Earned Income – Added ‘or Youthbuild USA’ to #16 as this income is counted as earned income for adult TANF household members, minor parents and children not attending school full-time.  

Definition of Earned Income 400-19-55-15-05
16. Income received through the Workforce Investment Act (WIA) or YouthBuild USA by adult TANF household members, minor parents, and children not attending school full-time is considered earned income and used to determine the TANF benefit.

21. 	400-19-55-15-25 - Earned Income From Self-Employment – Added clarification as follows:
•	Countable income from self-employment is divided based on the number of individuals listed on the self-employment schedules;
•	If the cost of goods includes any labor or wage amounts, those amounts must be deducted from the cost of goods before subtracting the cost of goods sold from the gross monthly or annual receipts.
•	An example was added to show how Capital and other Gains affect countable income.

Earned Income From Self-Employment 400-19-55-15-25 
To arrive at the most equitable method for determining the amount of a household's countable earned income from self-employment, it is necessary to consider the type of business activity, expense, and income. Based on this, utilize one of the applicable calculations identified below. 
Note: Items such as interest, depreciation, personal business and entertainment expenses, personal transportation, purchase of capital equipment, and payments on the principle of loans for capital assets or durable goods are not business expenses.
 
1.	Self-employed individuals whose business does not require the purchase of goods for resale. An example of this type of business is a person who provides child care services in their own home, a Qualified Service Provider (QSP) who is not an employee of an agency, etc. Such income may be accounted for on a monthly basis, or the income tax return from the previous year may be used if it reflects a full year’s operation.  When the tax return is used, 1/12th of the annual gross income is monthly earnings. Twenty-five (25%) percent of the gross monthly earnings shall be disregarded to offset the cost of producing the income and will cover such things as additional food, utilities, supplies, etc. The remaining 75% of is the gross monthly earnings.   The appropriate share percentage must be applied to the gross monthly income based on the number of individuals listed on the self-employment schedules.  This is the figure to which the appropriate earned income disregards are applied to arrive at monthly net income.

2.	Self-employed individuals whose business requires the purchase of goods for resale. Examples of this type of business enterprise include Avon, Tupperware, Amway, Mary Kay Cosmetics, etc. Such income may be accounted for on a monthly basis, or the income tax return from the previous year may be used if it reflects a full year’s operation. In these instances, subtract the cost of the goods from the gross monthly or annual receipts to arrive at the adjusted gross income.   If the cost of goods includes any labor or wage amounts, those amounts must be deducted from the cost of goods before subtracting the cost of goods sold from the gross monthly or annual receipts.  When the tax return is used, 1/12th of the annual adjusted gross income is monthly earnings Twenty-five (25%) percent of the adjusted gross income shall be disregarded to offset the costs of producing the income and will cover such things as sample kits, demonstrations, supplies, etc. Seventy-five (75%) percent of the adjusted gross income will be the monthly income.  The appropriate share percentage must be applied to the monthly adjusted gross income based on the number of individuals listed on the self-employment schedules.    This is the figure to which the appropriate earned income disregards are applied to arrive at monthly net income.

3.	Self-employment income from a room-and-board arrangement. The first $100 per month received from each individual will be disregarded to defray the associated expenses. The remaining amount(s) will be the monthly income to which the appropriate earned income disregards are applied to arrive at the monthly net income.

4.	Self-employed individuals in a service business requiring purchase of goods or parts for repair or replacement. These include mechanics, TV repairmen, beauty salons, restaurants, etc. Such income may be accounted for on a monthly basis, or the income tax return from the previous year may be used if it reflects a full year’s operation. In this instance, subtract the cost of goods or parts from the gross monthly or annual receipts to arrive at the adjusted gross income. If the cost of goods or parts sold includes any labor or wage amounts, those amounts must be deducted from the cost of goods or parts before subtracting the cost of goods or parts from the gross monthly or annual receipts.   When the tax return is used, 1/12th of the annual adjusted gross income is monthly earnings. Seventy-five (75%) percent of the adjusted gross monthly income shall be disregarded to offset the cost of expenses such as heat, lights, phone, rent, or building, etc.  Twenty-five (25%) percent of the adjusted gross income will be the monthly income. The appropriate share percentage must be applied to the monthly adjusted gross income based on the number of individuals listed on the self-employment schedules.   This is the figure to which the appropriate earned income disregards are applied to arrive at monthly net income.

5.	Income of self-employed individuals received other than monthly. In such cases, income must be established on the basis of the past year's total income to arrive at the amount of income to be anticipated for the current year and reduced to monthly increments. This is the preferred method of considering income arising from self-employment such as farming or other business enterprises.  It is first necessary to establish the amount of total annual gross income. For purposes of TANF, annual net income is normally defined as one-fourth of the annual gross income shown on Schedule F, Part I, of U.S. Form 1040, "Individual Income Tax Return," if the business is farming, or annual gross income shown on Schedule C, Part I, of Form 1040, if the business is other than farming.

6.	CRP payments and cooperative distributions, which are considered unearned income, should be deducted from the total income figure on Form 1040, Schedule F, and prorated over a 12-month period.

7.	After the appropriate percentage disregard is applied to self-employment, income, Capital gains and losses are considered.

Income resulting from the sale of capital items or ordinary gains may be offset by a loss from the sale of capital items. The net result, but not less than zero, must be added to the other annual net income to arrive at total net annual income.
 
The monthly income is the figure to which the appropriate earned income disregards are applied to arrive at monthly net income.
Note: Capital gains and losses are always counted when considering actual income for a prior period. When using the prior income to estimate income for a prospective period, however, use capital gains and losses that are reasonably expected to occur in the prospective period.
 
Capital gains, short term and long term, and ordinary gains are found on the federal tax form as follows:
a.	Short term capital gains-Schedule D, Part I;
b.	Long term capital gains-Schedule D, Part II; and
c.	Ordinary gains-Form 1040-Supplemental gains or losses.

The following example demonstrates this process:
 Gross annual income (from federal income tax return)	
$16,500.00	
Net annual income (25% of $16,500)	4,125.00	
Capital and other gains	1,200.00	
Yearly income	5,325.00	
Monthly income (yearly income divided by 12)	443.75	

The appropriate share percentage must be applied to the monthly adjusted gross income based on the number of individuals listed on the self-employment schedules.  The monthly income is the figure to which the appropriate earned income disregards are applied to arrive at monthly net income.

8.	The pro-rata method of determining and deducting monthly income is not practical in instances where the business was only recently established and the federal income tax return for the previous year does not reflect a full year's operation. Similarly, termination or a severe change of the business, such as a decrease or increase in the size of the operation, or an uninsured loss, or other situations which may require special considerations. In these situations, the self-employed individual can report income and cost of goods on a monthly basis, or the TANF Eligibility Worker and self-employed individual can, using the best information available, estimate the affect of the change on the annual income. If the business is a type in which income is received other than monthly, the income must be prorated over a 12-month period.

No income from any other source may be used to offset a self-employment loss.

9. When determining income based on income tax forms attention should be paid to other sources of income listed on page one of Form 1040. Other types of income that may be reflected on page one of Form 1040 are interest income, dividend income, rental income, royalty income, etc. Interest, dividend, rental and royalty income are to be considered separately from the self-employment income.

22. 	400-19-55-20-05 - Definition of Unearned Income – Added ‘Spirit Lake Social Impact Payments as an example of Unearned Income in #1

Definition of Unearned Income 400-19-55-20-05
1.	Currently received benefits such as Social Security, Veterans benefits,  private pensions, Worker's Compensation, Unemployment Insurance Benefits (UIB) Compensation (including any stimulus payments), mineral lease, rent, and royaltyies income, military allotments, disaster unemployment benefits, general assistance received by cash or check by the household, gaming proceeds paid to tribal members (e.g. Three Affiliated Tribal Elderly Payments, Spirit Lake Social Impact Payments, etc.) etc; 
Note: When a member of the TANF household serves as a representative payee for federal benefits (i.e. SSI, Social Security, Veterans benefits, etc.) for a person or persons who are not members of the TANF household, the benefits paid to the representative payee on behalf of that individual shall not be considered income available to the TANF household.

23. 	400-19-55-20-15 - Countable Unearned Income Types – Added: 
•	A note under #1 which defines the policy on treatment of lump sum retroactive adjustments from Social Security due to changes in an individual’s earnings record.
•	Examples to #8 Proceeds Paid to Tribal Members who receive TAT Elderly Payments and Spirit Lake Social Impact Payments
•	A new #15 defining when and how YouthBuild USA income is counted, which is similar to #14-WIA.

Countable Unearned Income Types 400-19-55-20-15
1.	Retirement, Survivors, and Disability Insurance  - Retirement, Survivors, and Disability Insurance (RSDI) is administered by the Social security Administration. This program provides workers and/or their families with partial replacement for loss of income due to retirement, disability, or death of the insured person. 

Because of the broad coverage offered under RSDI, an exploration of a household's potential eligibility for benefits must be made whenever the employment history or other pertinent data suggest the possibility of entitlement. 
 
A Beneficiary Data Exchange (BENDEX) and State Data Exchange (SDX) have been designed to provide TANF Eligibility Workers with prompt and accurate social security benefit entitlement information from the Social Security Administration. (For further information regarding these two interfaces, see Service Chapter 449-45-20 and 449-45-25.)
 
Additionally, private pensions may be available to assist families with partial replacement for loss of income due to retirement, disability, or death of an employed person. TANF requires that all-potential sources of income for earned rights benefits be explored by the household. 
Note:  Lump sum retroactive adjustment payments from Social Security due to changes in an individual’s earnings record will be considered as follows:
•	If the individual received SSA benefits AND had earnings in the year prior to the adjustment payment, the adjustment payment will be considered a recurring lump sum benefit.
•	If the individual did not receive Social Security OR did not have earnings in the calendar year prior to the adjustment payment, the adjustment payment will be considered a non-recurring lump sum.

8.	Proceeds Paid to Tribal Members - Any proceeds from tribal gaming, gambling establishments, or tribal enterprises distributed to enrolled tribal members (residing on or off a reservation) must be considered unearned income. Payments made to enrolled tribal members from the proceeds of gaming or gambling businesses are not per capita payments; therefore the income cannot be disregarded.  (e.g. Three Affiliated Tribal Elderly Payments, Spirit Lake Social Impact Payments) etc; 

15. YouthBuild - Income received by adult TANF household members, minor parents, and children not attending school full-time is considered earned income and used to determine the TANF benefit. Youthbuild income, earned or unearned, is disregarded when received by a dependent child under the age of 18, or age 18 and a full-time student in elementary or high school, GED course of study, alternative high school or in a vocational or technical school that is equivalent to secondary school if, before attaining age 19, such student can reasonably be expected to complete the training curriculum.

24. 	400-19-55-25 - Disregard of Certain Income – Added a new #44 for YouthBuild income to define policy that this income is disregarded when received by a dependent child under the age of 18 and a full-time student or if, before attaining age 19, is expected to complete high school or vocational training curriculum.

Disregard of Certain Income 400-19-55-25
44.	YouthBuild - Income, earned or unearned, is disregarded when received by a dependent child under the age of 18 and a full-time student or if, before attaining age 19, is expected to complete high school or vocational training curriculum.

Child Support Enforcement 400-19-70

25. 	400-19-70-40 - Non-Cooperation with Child Support Enforcement – Added two new paragraphs to further define policy for imposing Child Support Enforcement (CSE) sanctions when the custodian fails to cooperate with CSE for a child subject to the Pay After Performance (PAP) requirements. 

Non-Cooperation with Child Support Enforcement 400-19-70-40
If Child Support Enforcement notifies the TANF Eligibility Worker of the custodian’s failure to cooperate, the TANF Eligibility Worker must use this information when determining the custodian’s eligibility for assistance. 
 
A custodian who refuses to cooperate with Child Support Enforcement is ineligible to receive TANF and a sanction will be imposed. If the custodian continues to refuse to cooperate, the sanction will progress to case closure. The custodian has the right to appeal that decision. (See Section 400-19-95, Sanctions for Non-Compliance with Child Support.)
 
Children age 16 or older who are not attending school fulltime are subject to the four (4) months of Pay After Performance (PAP) requirements and are given a participation code of ‘OU’. A referral is not made to Child Support Enforcement (CSE) until the child meets the Work Requirement and is determined eligible for TANF.  If a CSE non-cooperation alert is received for a child who has a participation code of ‘OU’, the custodian of the ‘OU’ child cannot be sanctioned. 

If the child’s custodian has not cooperated with CSE at the time the child is no longer subject to PAP requirements, a CSE sanction must be imposed effective with the first month the child is no longer subject to the PAP requirements.
Note:  Vision will not automatically create the CSE Sanction.  Contact System Support and Development for assistance.

If the child for whom the custodian is not cooperating leaves the household, the sanction must be ended effective the last day of the month the child left the household.

Job Opportunity and Basic Skills (JOBS) Program 400-19-75

26. 	400-19-75-10-10 - Exempt Individuals Who Choose to Volunteer – Added a new paragraph at the end of this section to include policy that a JOBS sanction cannot be imposed against an individual who chooses to volunteer in the JOBS Program. 

Exempt Individuals Who Choose to Volunteer 400-19-75-10-10
Exempt individuals who are informed of the value of the services provided by the JOBS or Tribal NEW Program (job search, job readiness, work experience, etc., and the possible reduction in the number of months applied to the lifetime, 12-month, caretaker exemption) may choose to volunteer. Individuals who volunteer are also able to access JOBS supportive services.
Those individuals who volunteer must be referred to the JOBS or Tribal NEW Program provided they are otherwise eligible for assistance.
 
Individuals who are exempt and volunteer to participate in the JOBS or Tribal NEW Program are subject to the same requirements as are non-exempt individuals.
Note: At the time an exempt volunteer who is participating loses their exempt status, a SFN 323, JOBS Status Change or the automated JOBS Status Change form must be sent to the JOBS Employment Contractor or Tribal NEW Coordinator indicating the individual is no longer exempt.  Notification must also be sent to the JOBS participant.
 
Individuals who are exempt and volunteer to participate in the JOBS or Tribal NEW Program and who subsequently fail to participate must have their status changed to exempt (deselect the ‘Volunteer’ checkbox in the automated computer system). A new referral must be created should that same individual, while still exempt, choose to be referred.
Note: A new referral must be created at the time an exempt individual who volunteered but did not comply, is no longer exempt. 

A JOBS sanction cannot be imposed on an exempt individual who chooses to volunteer in the JOBS Program as the individual is not required to meet the JOBS requirements.

27. 	400-19-75-20 - Good Cause Allowable Reasons for Nonparticipation in JOBS or Tribal NEW – Added information to further clarify policy indicating that all requests for JOBS ‘good cause’ due to medical reasons must be submitted to the State TANF Policy Office

Good Cause Allowable Reasons for Nonparticipation in JOBS or Tribal NEW 400-19-75-20
All nonexempt individuals capable of working or participating in JOBS program activities at any level will not be granted good cause from participation in the JOBS program.  
 
A nonexempt individual who is unable to work or participate at any level may be granted good cause to temporarily postpone the referral to or temporarily excuse the individual from participation in JOBS. However, since most individuals will be able to participate at some level, a very small number of individuals will be granted good cause.
NOTE: A month in which a TANF recipient is granted good cause counts toward the state’s work participation rate. It is imperative that an individual with good cause be referred to the JOBS program as soon as good cause ends.
 
Nonexempt individuals who are granted good cause to temporarily postpone a referral to the Job Opportunities and Basic Skills (JOBS) or Tribal Native Employment Works (NEW) program or who are granted good cause to reduce expectations for their involvement in work activities are always included in the state’s work participation rate. Therefore good cause must be used sparingly.   

All nonexempt individuals must participate in the JOBS program unless good cause is granted. With the exception of good cause due to medical reasons, determinations of good cause are made by the TANF Eligibility Worker. All requests for good cause due to medical reasons must be submitted to State TANF Policy.  Once State TANF Policy ensures all necessary information is included with the request, the request will be forwarded to the State Review Team (SRT) for a final decision.
Note: For individuals who have met the 12-month lifetime limit for Caretaker Exemption, the TANF Eligibility Worker may grant good cause for the month of birth and the month following. 
 
Good cause for failure or refusal to participate in the JOBS or Tribal NEW program exists when:
1.	Incapacitated - The individual is incapacitated with a physical or mental impairment verified by reliable medical evidence which, by itself or in conjunction with age, prevents the individual from working or participating in any JOBS program activity (Refer to N.D.A.C. § 75-02-01.2-103(1)(a));
2.	Temporary Illness - An individual has an illness or injury, verified by reliable medical evidence and reviewed every thirty days, which is serious enough to temporarily prevent entry into employment or participation in any JOBS program activity (Refer to N.D.A.C. § 75-02-01.2-103(1)(c)); or
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 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, 2 (two) times the maximum allowance amount would be $960).
4.	Family Violence - A victim of family violence may be granted good cause for non-participation in the JOBS program. (See Section 400-19-75-20-05, Good Cause - Family Violence Option.) 
5.	Contractor Limits - Contractor Limit good cause may only be used when the Department determines it is necessary to administratively limit the number of individuals being referred to, or participating in, the JOBS program. The Department will inform counties when and how contractor limit good cause may be used.
 
Using the Decision-Making Principles in Section 400-19-05, Definitions, the TANF Eligibility Worker is responsible to determine if a nonexempt TANF applicant has good cause to postpone the referral to JOBS or Tribal NEW program.
 
Once an individual begins participation in JOBS or Tribal NEW, the JOBS Employment Contractor, Tribal NEW Coordinator, or the TANF Eligibility Worker has the authority to pursue good cause for the individual to temporarily reduce their involvement within the JOBS program or to temporarily excuse them from participation in JOBS.

Sanction for Non-Compliance with JOBS and Tribal NEW 400-19-85

28. 	400-19-85-15 - Imposing a JOBS or Tribal NEW Sanction on an Open Case – Corrected the name of the Sanction Notice in the paragraph above the last ‘Note’ to coincide with the JOBS and CSE notice changes that were listed in the February 4, 2011 Vision Maintenance Rollout document.

Imposing a JOBS or Tribal NEW Sanction on an Open Case 400-19-85-15
Effective June 1, 2005, once a JOBS or Tribal NEW sanction takes effect; it will remain in effect until:
1.	It is cured, as required, by the sanctioned individual;
2.	The sanctioned individual becomes exempt; or
3.	The sanctioned individual is granted good cause.
 
A recommendation for sanction is received from the JOBS Employment Contractor or Tribal NEW Coordinator. When recommending a sanction, the JOBS Employment Contractor or Tribal NEW Coordinator must provide the TANF Eligibility Worker with written documentation supporting the sanction recommendation, including a detailed chronological history of the individual’s failure or refusal to participate along with any action(s) taken by the JOBS Employment Contractor or Tribal NEW Coordinator.
 
Before a JOBS sanction may be imposed against an individual, the individual must be given an opportunity to show good cause through the good cause determination process. The final determination to impose a JOBS sanction remains with the TANF Eligibility Worker.
NOTE: When a sanction has been recommended by the JOBS Employment Contractor or Tribal NEW Coordinator, the TANF Eligibility Worker will not conduct another good cause determination but is responsible to review the case (as described in the previous paragraph) to determine if a sanction is appropriate.
 
The TANF Eligibility Worker must make a sanction determination within five (5) working days from the receipt of the Recommendation for Sanction form. Once the Eligibility Worker has made a decision, the form must be completed, indicating the decision, and returned to the JOBS Employment Contractor.
Note: An exempt volunteer may not be sanctioned for non-cooperation.
 
Prior to imposing a sanction recommended by a JOBS Employment Contractor or Tribal NEW Coordinator, the TANF Eligibility Worker must:
1.	Review the documentation received from the JOBS Employment Contractor or Tribal NEW Coordinator to ensure that the individual was provided an opportunity to present their good cause claim;
2.	If a good cause claim was made, the TANF Eligibility Worker must determine whether they are in agreement with the JOBS Employment Contractor or Tribal NEW Coordinator’s preliminary determination that the individual failed to show good cause.

When a sanction is imposed, the sanctioned individual’s financial needs are removed from the household’s TANF benefit for one month. This is referred to as the Sanction Penalty Month. If eligible, the financial needs of the remainder of the household can be met during the Sanction Penalty Month. 
 
The sanctioned individual must serve the one-month penalty even if the individual becomes exempt, is granted good cause, or cures the sanction. (See Section 400-19-85-35, Effect of Exemption, Temporary Good Cause and Changes in Participation on JOBS or Tribal NEW Sanctions, for additional information.) 
Note: A JOBS or Tribal NEW sanction becomes fixed in time as of the effective date, and the Sanction Penalty Month must be served.  When the TANF case which progressed to close is later reverted to open, the Sanction Penalty Month is applicable and must be served. (See Section 400-19-110-30, Revert to Open Following Case Closure.)

If a sanctioned individual with a participation code of ‘OU’ (due only to Pay After Performance), DI, DM, DD, DF, OH, fails to cure a sanction with a cure date equal to the Sanction Penalty Month (by successfully completing a Proof of Performance), the entire TANF case will close at the end of the Sanction Penalty Month.  This is referred to as Sanction Progression.  
 
If a sanction progresses to case closure, the entire household will be ineligible for TANF in the month following the Sanction Penalty Month. This is referred to as the Month of Ineligibility.
Example: An individual is sanctioned effective January 1st. The individual’s financial needs are removed from the household’s January TANF benefit. The individual does not cure the sanction in the Sanction Penalty Month (January), the entire TANF case closes January 31st. 
 
If the sanctioned individual reapplies for TANF during the month of February (the Month of Ineligibility), the application is denied. The entire household is ineligible for TANF during the month of February. (See Section 400-19-85-35, Effect of Exemption, Temporary Good Cause and Changes in Participation on JOBS Sanctions).
 
A sanction cannot be imposed on the last two working days of the month as the benefit amount for the future month cannot be decreased without adequate notice.  Instead, a JOBS or Tribal NEW sanction will result in the creation of an overpayment. The TANF Eligibility Worker must wait until the first day of the next month to impose the sanction which will become effective for the benefit month equal to the current calendar month. The TANF JOBS Sanction Nnotice will provide the household with adequate notice of the adverse action. 
Note: When imposing a JOBS or Tribal NEW sanction for a current month (i.e., sanction imposed in January to be effective for the month of January), the sanction must be imposed no later than the “Monthly Report Late-Date” (which can be found on the Main Menu  Inquiry  Tables  Job Control Matrix). If the sanction is not imposed by that date, the TANF Eligibility Worker must disregard the sanction. If the individual continues to be out of compliance, a new recommendation for sanction should be made and the sanction process is to start over. 
 
Sanctions under TANF follow the responsible individual.

29. 	400-19-85-20 - Imposing a JOBS or Tribal NEW Sanction on a Closed TANF Case 
•	Corrected the name of the Sanction Notice in #3 of the second listing and also in the second paragraph of Example #1, to coincide with the JOBS and CSE notice changes that were listed in the February 4, 2011 Vision Maintenance Rollout document.
•	Minor wording changes were made for clarification purposes.
Imposing a JOBS or Tribal NEW Sanction on a Closed TANF Case 400-19-85-20
In the month immediately following case closure, a JOBS or Tribal NEW sanction can be imposed against an individual if all of the following criteria are met:
1.	The TANF Eligibility Worker received the recommendation for sanction prior to case closure; and 
2.	Good cause determination was offered with proper notice provided (e.g., the individual was properly notified of their opportunity to show good cause for the failure or refusal to participate; and
3.	The participant either failed to show good cause or failed to attend the good cause meeting within the allowed time period (seven (7) calendar days from the print date of the good cause determination notice). 
 
After determining that the above criteria have been met, the TANF Eligibility Worker shall:
1.	Revert the case to open;
2.	Impose the sanction, rerun the HH Comp and Eligibility processes;   and reauthorize the TANF case closure (do not revert the case to close until after the notice is created);
3.	Send the notice titled "TANF JOBS Sanction – Closed TANF Case”;
4.	Complete and return the Recommendation for Sanction form to the JOBS Employment Contractor or Tribal NEW Coordinator;
5.	Revert the case to close.
 
When imposing a JOBS or Tribal NEW sanction for a current month (i.e., sanction imposed in January to be effective for the month of January), the sanction must be imposed no later than the “Monthly Report Late-Date” (which can be found on the Main Menu    Inquiry Tables    Job Control Matrix). If the sanction is not imposed by that date, the TANF Eligibility Worker must disregard the sanction. 
Example #1:  A sanction recommendation is received from JOBS or Tribal NEW on January 30th. The TANF Eligibility Worker determines that a sanction is appropriate but there is not enough time to reduce the household’s February benefit with adequate notice.
 
The TANF Eligibility Worker waits until the first working day of the next month (February) to impose the JOBS or Tribal NEW sanction, effective February 1st. Since the JOBS or Tribal NEW sanction results in an overpayment, the TANF Eligibility Worker must creates and sends both a TANF JOBS Sanction Nnotice and a Notification of Overpayment Notice to the household. The JOBS or Tribal NEW sanction results in an overpayment.  Recoupment of the February overpayment will begin with the household’s next TANF benefit.
Example #2: A TANF case closed January 31st.  A sanction recommendation is received from JOBS or Tribal NEW on February 1st. Since the recommendation was received after the case closure date, the sanction cannot be imposed.

30. 	400-19-85-25 - Notice Requirements When Imposing a JOBS or Tribal NEW Sanction – Corrected the name of the Sanction Notice in the second paragraph and removed the sentence that allowed for another TANF notice (other than the TANF Sanction notice) to be sent.  Also in the third paragraph, corrected the name of the Sanction Notice.  This was done to coincide with the JOBS and CSE notice changes that were listed in the February 4, 2011 Vision Maintenance Rollout document.

Notice Requirements When Imposing a JOBS or Tribal NEW Sanction 400-19-85-25
Once a TANF Eligibility Worker has determined that a sanction is appropriate, the sanction must be imposed as soon as possible keeping in mind that adequate notice must be provided before the household’s TANF benefit is reduced. This will allow the household to receive the sanction notice no later than the date it would normally receive its TANF benefit.
 
To ensure that the household is provided adequate notice of the sanction prior to the reduction of the TANF benefit, the TANF Eligibility Worker must generate a TANF JOBS Sanction Nnotice, or another TANF notice that includes the sanction information including the N.D.A.C. cite, no later than the close of business on the 3rd to the last working day of a month. 
 
The TANF JOBS Sanction Nnotice informs individuals of the potential consequences for failing to cure the sanction. Since the TANF JOBS Sanction notice addresses the potential for case closure, sending a TANF closing notice is not required if the case is closing for sanction progression only.
 
A sanction cannot be imposed on the last two working days of the month as the benefit amount for the future month cannot be decreased without adequate notice.  In this situation, the TANF Eligibility Worker must wait until the first day of the next month to impose the sanction. (See Section 400-19-85-15, Imposing a JOBS or Tribal NEW Sanction on an Open Case and Section 400-19-85-20, Imposing a JOBS or Tribal NEW Sanction on a Closed Case.)

31. 	400-19-85-30 - Exception to the Requirement to Serve the Month of Ineligibility Following a JOBS or Tribal NEW Sanction – Changes were made to #2 to clarify policy.

Exception to the Requirement to Serve the Month of Ineligibility Following a JOBS or Tribal NEW Sanction 400-19-85-30

TANF policy allows an exception to the regular sanction policy to permit a sanctioned individual in receipt of regular TANF Benefits the opportunity to cure their JOBS or Tribal NEW sanction in the Month of Ineligibility.   
Note: This exception does not apply to individuals in receipt of Transition Assistance as their case must be closed when a JOBS sanction is imposed.
 
This exception is allowed when:
1.	The TANF Eligibility Worker determines that a household is ineligible for TANF in the Sanction Penalty Month due to excess income; and 
2.	The household’s income would not have caused been income eligible  ineligibility for TANF even if a sanction had not been imposed; and
3.	The household reapplies for TANF in the Month of Ineligibility. 

When the exception is applied:
1.	The TANF Eligibility Worker shall refer the sanctioned individual to the JOBS or Tribal NEW program.
2.	The sanctioned individual is required to successfully complete a Proof of Performance (POP) within 30 days from the date of application unless it is determined that there are extenuating circumstances. If extenuating circumstances exists, the TANF Eligibility Worker should allow the individual additional time to successfully complete the POP.
NOTE: The TANF Eligibility Worker may extend the 30-day time limit for processing a TANF application due to extenuating circumstances, such as timing delays on the part of the county, JOBS, or Tribal NEW. See Section 400-19-20-30, Timeliness Standards for Processing TANF Benefits, for additional information on this topic.
3.	If the sanctioned individual successfully completes the POP, as required, the TANF Eligibility Worker must enter a cure date equal to the last day of the Sanction Penalty Month.
Example #1: An individual’s sanction for non-compliance becomes effective in April (Sanction Penalty Month). The TANF case closed March 31 due to excess earned income and would have closed for excess income even if the sanction had not been imposed.  The household reapplies for TANF in April. The April application must be denied as the household continues to be retrospectively budgeted and has excess income. The sanctioned individual cannot begin a POP in April.
 
On May 1, the household reapplies for TANF. Since the reason for the March 31 case closure meets the exception, a referral to JOBS or Tribal NEW must be made to complete a POP. If the individual completes a POP and the household is otherwise eligible, TANF benefits can be authorized for May (which would have been the Month of Ineligibility had this not met the exception criteria).
 
Example #2: An individual’s sanction for non-compliance becomes effective in April (Sanction Penalty Month). The TANF case closed March 31 due to excess earned income and would have closed for excess income even if the sanction had not been imposed. The individual began a POP period in March and successfully completes it in April. The household reapplies for TANF in April. The April application must be denied as the household continues to be retrospectively budgeted and has excess income.  
 
On May 1, the household reapplies for TANF. Since the reason for the March 31 case closure meets the exception, a referral must be made to JOBS or Tribal NEW. Since the individual completed the POP in April, if the individual meets TANF Up-front and the household is otherwise eligible, TANF benefits can be authorized for May (which would have been the Month of Ineligibility had this not met the exception criteria).

Sanctions for Non-Compliance with Child Support Enforcement 400-19-95

32. 	400-19-95-10 - Imposing a Child Support Enforcement Sanction -Corrected the name of the Sanction Notice in 1.d. and 2.d  to coincide with the JOBS and CSE notice changes that were listed in the February 4, 2011 Vision Maintenance Rollout document.

Imposing a Child Support Enforcement Sanction 400-19-95-10
When Child Support Enforcement’s (CSE) determination of non-cooperation occurs:
1.	On or before the third to the last working day, the automated computer system:
a.	Creates an alert in the TANF case informing the TANF Eligibility Worker of the non-cooperation;
b.	Creates a CSE Sanction on the Sanction Window;
Note: Creation of a CSE sanction will unauthorize the future benefit month.
c.	Updates the Cooperation Code to ‘Not Cooperating’ on the Child Support Cooperation/Paternity Window.
d.	Creates and sends the TANF Child Support Sanction Nnotice to the recipient.

2.	After the third to the last working day, the automated computer system holds the sanction until the first day of the future month. A CSE sanction cannot be imposed on the last two working days of the month as the benefit amount for the future month cannot be decreased without adequate notice.  

On the first of the future month, the automated computer system: 
a.	Creates an alert in the TANF case informing the TANF Eligibility Worker of the non-cooperation;
b.	Creates a CSE Sanction on the Sanction Window effective the first day of the future month;
c.	Updates the Cooperation Code to ‘Not Cooperating’ on the Absent Parent Maintenance Window; and
d.	Creates and sends the TANF Child Support Sanction Nnotice to the recipient.
Example: A sanction recommendation is received from CSE on January 30th. The automated computer system holds the sanction until the first day of February as there is not enough time to reduce the household’s February benefit with adequate notice.  On February 1, the system automatically imposes the CSE Sanction to be effective March 1. March becomes the Sanction Penalty Month.

33. 	400-19-95-15 - Notification Requirements When Imposing a Child Support Sanction 
•	Corrected the name of the Sanction Notice in the last paragraph to coincide with the JOBS and CSE notice changes that were listed in the February 4, 2011 Vision Maintenance Rollout document.
•	Made minor wording changes for clarification.

Notification Requirements When Imposing a Child Support Sanction 400-19-95-15
Adequate notice is required when imposing a Child Support sanction. To ensure that the household is provided adequate notice of the sanction prior to the reduction of the TANF benefit:
1.	When Child Support Enforcement’s (CSE) determination of non-cooperation occurs on or before the 3rd to the last working day, the notice is generated by the automated computer system no later than the close of business on the third to the last working day of a month.
2.	When Child Support Enforcement’s (CSE) determination of non-cooperation occurs after the third to the last working day, the automated computer system processes both the sanction and sends the notice on the first day of the future month.

The TANF Child Support Ssanction notice informs the individual of the potential consequences for failing to cure the sanction, and serves as the adequate notice for both reduction in benefits and case closure. Therefore, Since the sanction notice addresses the potential case closure, it is not required to send a TANF Closing notice if the case is closing for sanction progression only.

34. 	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 – Changes were made to clarify policy.

Curing a Child Support Sanction in a Month Following the Month of Ineligibility, Medicaid Remains Open, and a Referral was Made 400-19-95-25-20
When a sanctioned individual reapplies for TANF in a month following the Month of Ineligibility, Medicaid remains open, and a Referral that was made to Child Support for Medicaid remains active, 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, or if the referral was made but is no longer active, see section 400-19-95-25-15 for processing.

TANF Budgeting 400-19-105

35. 	400-19-105-40-40 - Budgeting for the Month in Which an Absent Parent Returns or Recipient Marries – Changes were made to clarify policy in this section when the absent parent who enters the home is disabled or determined incapacitated.

Budgeting for the Month in Which an Absent Parent Returns or Recipient Marries 400-19-105-40-40
An ongoing case is considered eligible for the entire month if eligible for any day of the month. Therefore, changes in the deprivation factor which occur as the result of an absent parents' return or the marriage of the TANF recipient do not affect eligibility in the month in which the change occurs. 
 
Return of the Absent Parent or the Recipient Marries is Timely Reported
The household is required to report an absent parent or stepparent who enters a TANF household within 5 days from the date of entry and the absent parent or stepparent must be added to the household effective the month of entry. The absent parent or stepparent’s presence is ignored if their addition results in a decreased benefit or ineligibility for the month of entry.  
 
Listing the individual on the monthly report, filed timely, is also considered a written request.   
•	If the monthly report lists a new household member, 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). If the monthly report is not filed timely, the request to add the new person is not timely and the benefit, if any, will be prorated from the date the monthly report was received, which is the date of the written request.
 
When the absent parent who enters the home claims to be incapacitated, if the case passes the income and asset tests:
1.	Eligibility is determined for that month as if the absent parent were not present. 
2.	Medical-social information to determine incapacity is submitted to the State Review Team. 
3.	The TANF case is closed, effective the last day of the month in which the parent returned. 
Note: If the State Review Team finds the absent parent to be incapacitated, the case is reverted to open, the absent parent is included, and the underpayment is authorized. Benefits for the Absent Parent begin either effective the date of the absent parent’s entry to the home or the date the request to add the absent parent was made, whichever is later.
 
When the absent parent who enters the home is disabled or determined incapacitated: 
•	If income, assets, or other circumstances do not result in a decreased benefit, the individual’s needs are included, effective with the month of entry.  
•	If income, assets, or other circumstances cause ineligibility or a reduction of benefits for the month of entry, the needs of the absent parent are not included in the month of return. The case must be closed effective the last day of the month in which the absent parent returned.
•	If income, assets, or other circumstances cause a reduction of benefits for the month of entry, the absent parent is not included for the month of return. The absent parent must be added effective the 1st day of the month following the month of return.
 
If the written request or required verifications are not received, an advance (10-day) notice must be sent to the household to close the case.
 
Return of the Absent Parent or the Recipient Marries is Not Timely Reported
If the household does not timely report the return of the absent parent or the presence of a stepparent, the absent parent or stepparent must be added to the TANF household as of the date of entry. No retroactive additional benefits for the TANF household are permitted for the month of entry. Effective the benefit month following the month of entry, if the addition of the individual results in decreased benefits or ineligibility, the appropriate overpayment(s) must be calculated.

36. 	400-19-105-40-50 - Budgeting Income Resulting from the Receipt of an Extra Check – Changes were made to clarify policy.

Budgeting Income Resulting from the Receipt of an Extra Check 400-19-105-40-50
Applicant 
A household may receive an extra check from a recurring income source such as employment, Unemployment Compensation Insurance Benefits, Workers Compensation, etc. If the receipt of an extra check is expected to result in ineligibility for one month only, the case may be suspended.

During the month in which the Application is received, if the extra check is received in the first prospective month and results in ineligibility, the request must be denied. For households anticipating the receipt of an extra check in the second prospective month that results in ineligibility, the correct procedure is to prospectively suspend the household or case and the third month becomes the second prospective month. All of the checks are to be entered prospectively. When the income from that prospective month is retrospectively budgeted, enter all but the last check received.
Note: By definition, the last check received during the month is the extra check.
 
When an extra check is counted in the first or second prospective months and the household was authorized eligible for a TANF benefit for the month the extra check was received and counted, the extra check (the last check received) is not counted when the case is retrospectively budgeted.  
 
If the TANF household is ineligible the month following the suspension (the third month), the case must be closed, or if eligible, authorized as Transition Assistance. A Case suspension is only allowed will be used only in situations where when the household receiving an extra check from a recurring source is ineligible for one month only due to receipt of an extra check from a recurring source.
 
Ongoing
If the household receives an extra check that is expected to cause ineligibility for one month only, the case is suspended for one month. The household does not receive a benefit; and the month does not count towards the lifetime limit. By definition, the last check received during the month is the extra check.
 
To determine if ineligibility is caused by the extra check, calculate the budget using all but the last check received in the month.  
1.	If the TANF cases passes without the last check received in the month, recalculate the budget including the last check received in the month.  If the TANF case fails when including the last check received in the month, the TANF case should be suspended for the future month provided the failure for extra check is for one month only.
2.	If the TANF case fails without the last check received in the month, recalculate the budget including the last check received in the month and allow the case to move to Transition Assistance for the future month, if applicable.

This policy also applies to TANF households who reapply for TANF in the month following the month of closure when the case continues to be budgeted retrospectively.  

If a TANF case is reinstated following a one-month suspension, all factors of eligibility except income and expenses are considered prospectively in determining eligibility. If prospective eligibility exists, the amount of the benefit is determined retrospectively under two-month retrospective budgeting.

TANF Benefit Calculation 400-19-110

37.	400-19-110-20 - TANF Benefit Calculation Method – Changes were made to clarify policy and to incorporate the correction to policy that was included in IM 5118.

TANF Benefit Calculation Method 400-19-110-20 
If the TANF household passes the TANF Financial Eligibility Determination, the TANF benefit calculation is computed as follows:
1.	The monthly gross earned income of the household is calculated according to the rules found in this chapter. 
2.	A standard work expense disregard of the greater of 27% or $180.00 whichever is greater is subtracted from the household's gross earned income is subtracted. 
3.	A time-limited percentage is subtracted from the remaining earned income to arrive at the countable earned income amount. (See 17-55-40, Employment Disregards, for the time-limited percentage disregard cycle.)  
4.	Unearned income is added to the countable earned income amount to determine the total countable income for the household.
5.	A Non-household member deduction is subtracted for when calculating stepparent and minor parent budgeting, if applicable.
6.	The following allowable expense amounts are subtracted from the total countable income to arrive at the adjusted net income:
•	For Stepparent or Minor Parent budgeting:
•	Health insurance premiums;
•	Amounts paid to any others not living in the home, but claimed as dependents on income tax returns, if applicable.
•	Paid child or spousal support by a TANF household member, 
•	Child or adult dependent care for paid employment or a combination of paid employment and education/training subject to the maximum limits, 
Note: When the Child Care Assistance Program (CCAP) pays a child care provider a portion of the child care expenses, any amounts not paid by CCAP cannot be allowed as a deduction. 
•	 Stepparent or Minor Parent budgeting allows the following additional expenses:
•	Health insurance premiums;
•	Amounts paid to any others not living in the home, but claimed as dependents on income tax returns, if applicable.
7.	The TANF Basic Standard of Need, plus the $45 Out of Home Allowance if applicable, is totaled to arrive at the Total Standard of Need.
Note: Individuals eligible for the $45.00 Out of Home Allowance are not included in the household size when identifying the TANF Basic Standard of Need amount from the chart above TANF Basic Standard of Need Chart in Manual Section 400-19-110-05.
8.	The Benefit Amount to which any prorate applies is arrived at by subtracting the adjusted net income following from the Total Basic Standard of Need plus Out of Home Allowance.
•	The adjusted net income; and
•	The Benefit Cap Deduction amount; and
•	The Sanction/Work Requirement Deduction amount.

To arrive at the Adjusted Benefit Amount, from the prorated benefit subtract:
•	The Benefit Cap Deduction amount and
•	The Sanction/Work Requirement Deduction Amount. 
9.	The following are added to the TANF Benefit/Prorated Benefit Amount to arrive at the Adjusted Net Benefit amount:
•	Special Items of Need, and
•	Kinship Care Supportive Services 
Note: If the case is Transition Assistance, the TANF Benefit/Prorate Benefit Amount will be zero and the TANF Special Items of Need are added to the Transition Assistance payment.
10.	Recoupment amounts (either a percentage of the Standard of Need or a fixed dollar amount) are subtracted from the Adjusted Net Benefit to arrive at the Benefit Amount.
a.	If a correction to a previously paid benefit is being computed, 
•	The Benefit Amount will display the revised benefit; and
•	The original amount paid will display in the Previously Paid field; and
•	The previously paid benefit will be subtracted from the Benefit Amount to arrive at the Net Benefit Amount.
11.	If this budget is not a correction, the Benefit Amount is carried to the Net Benefit Amount field.  
12.	JOBS Supportive Services are added to the Net Benefit Amount to arrive at the Benefit Issued Amount.
Note: If a correction to a previously paid JOBS Supportive Service is being computed, 
•	The JOBS Supportive Services will display the revised benefit; and
•	The original JOBS Supportive Services paid will display in the Previously Paid JOBS Supportive Services to arrive at the Net Supportive Services.
13.	If this budget is not a correction to JOBS Supportive Services, the Net Supportive Services are added to the Net Benefit Amount to arrive at the Benefit Issued.  
EXAMPLE:
Household consists of a caretaker and one dependent child. The household reports earned income of $1000 per month and a $100 Health Insurance Premium
1.  	Total Gross Earned Income	 	1000.00	
2.	Standard Work Expense	-	 270.00 (1000 x27%)	
3.	TANF TLP Disregard	-	 365.00 (730 x 50%)	
3.	Countable Earned Income	=	 365.00	
4.	Unearned Income	+	    0.00	
4.	Total Countable Income	=	 365.00	
5.	Non-HH Member Deduction	-	    0.00	
6.	Expenses	-	    0.00	
6.	Adjusted Net Income	=	 365.00	
7.	Standard of Need	-	 328.00 (1 caretaker and 1 child)	
7.	OH Allowance	+	    0.00	
7.
8.
8.
8.	Adjusted Net Income
Benefit Amount
Prorated Benefit Amount 
Benefit Cap Deduction	-
=
=
-	 365.00
    0.00
    0.00
    0.00	
				
8.	Sanction/Wrk Req Dedction	-	    0.00	
8.	Adjusted Benefit Amount	=	    0.00	
8.	Prorated Benefit Amount	=	    0.00	
8.	TANF Benefit Amount	=	    0.00	
9.	TANF Special Items of Need	+	 100.00	
9.	Kinship Care	+	    0.00	
9.	Transition Assistance	=	    0.00	
9.	Adjusted Net Benefit	=	 100.00	
10.	Recoupments	-	    0.00	
10.	Benefit Amount	=	 100.00	
10.	Previously Paid	-	    0.00	
11.	Net Benefit Amount	=	 100.00	
12.	JOBS Supportive Services	+	    0.00	
12.	Previously Paid JOBS SS	-	    0.00	
12.	Net Supportive Services	=	    0.00	
13.	Benefit Issued	=	 100.00	
The minimum TANF benefit is $10.00. If the benefit is less than $10.00, a benefit will not be issued. This includes benefits for the initial month that are less than $10.00 due to prorate. 
Note:  The $10.00 minimum benefit rule does not apply to JOBS Ssupportive Sservices.

38.	400-19-110-25 - Prorate for Initial TANF Benefit and Adding Persons – Changes were made to clarify policy and to incorporate the correction to policy that was included in IM 5118

Prorate for Initial TANF Benefit and Adding Persons 400-19-110-25

Benefits for an applicant TANF household applying for TANF benefits are prorated based on  from the date of application or date of eligibility whichever is later. If there has not been a break in TANF assistance received in North Dakota for at least one full calendar month, two-month retrospective budgeting continues for the benefit calculation; however the benefit is prorated from the date of the Application or date of eligibility, whichever is later benefits will be determined consistent with the prospective or retrospective budgeting methodology that applies for the case. (See Sections 400-19-105-15, Prospective Budgeting or Section 400-19-105-20, Two-month Retrospective Budgeting.
 
When an individual is added to an ongoing case, the individual’s benefits are prorated from the date of request to be added or the earliest date of eligibility, whichever is later. 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.
 
The following describes how prorated benefits are determined:

Prorating Cases - The automated computer system determines the prorated benefit amount for a case by:
1.	Adding the TANF Basic Standard of Need (plus the $45 OH Allowance if applicable) for the household size;
2.	Subtracting the total countable income to arrive at the Benefit Amount;
3.	Determining the dollar amount for which how much of the month the case is not eligible for based on the benefit start date; and
4.	Subtracting that amount from the Benefit Amount. 
Example: The household of one caretaker and one three dependent children applies for TANF July 10th. The household has $500 earned income per month and a $100 Health Insurance Premium.  The caretaker is subject to Pay After Performance (PAP) requirements.
 
 	Total Gross Earned Income	 	500.00	
 	Standard Work Expense	-	180.00 (500 x 27%)	
 	TANF TLP Disregard	-	160.00 (320 x 50%)	
 	Countable Earned Income	=	160.00	
 	Unearned Income 	+	   0.00	
 	Total Countable Income	=	160.00	
 	Non-HH Member Deduction	-	   0.00	
 	Expenses	-	   0.00	
 	Adjusted Net Income	=	160.00	
 	Standard of Need	-	328 523.00 (1 caretaker
and 1 3 children)	
 	OH Allowance	+	   0.00	
 	Adjusted Net Income	-	160.00	
	Benefit Amount
Prorated Benefit Amount

Benefit Cap Deduction	=
=

-	363.00
257.00 (363.00-105.38) 
(9 days divided by 31 = 29.03%; 363.00 X 29.03 = 105.38 is the amount  ineligible for) 
   0.00	
 	Sanction/Wrk Req Dedction 	-	   0 232.00	
 	Adjusted Benefit Amount	=	168.00 25.00	
 	Prorated Benefit Amount
		119.00 (168.00 - 48.77 (168.00 divided by 31, multiplied by 9 ineligible days))	
 	TANF Benefit Amount	=	119.00	
 	TANF Special Items of Need	+	100.00	
 	Kinship Care	+	   0.00	
 	Transition Assistance	+	   0.00	
	Adjusted Net Benefit	=	219 125.00	
 	Recoupments	-	   0.00	
	Benefit Amount	=	219 125.00	
 	Previously Paid	-	   0.00	
	Net Benefit Amount	=	219 125.00	
 	JOBS Supportive Services	=	   0.00	
 	Previously Paid JOBS SS	-	   0.00	
 	Net Supportive Services	=	   0.00	
 	Benefit Issued	=	219 125.00	
Note:  When prorating benefits, the percentage of the month for which the case is not eligible is determined. Since the household applied on the 10th day of the month, this means they are the household is not eligible for 9 days of the month.
 
Prorating for Individuals - The automated computer system determines the Standard of Need for all members of the household including the new person being added, and subtracts countable income to determine net need the new benefit amount.  The old benefit amount (prior to the new person being added) is then subtracted from the new benefit amount (after the new persons is added). The result is then prorated Bbased on the benefit start date for the new member being added.  
Note:  To determine the prorated amount, the automated computer system determines how much of the month's benefit the individual is not eligible for and subtracts that amount from net need the new benefit amount. The result is the prorated benefit.

Prorating for Cases and Individuals
When a household is prorated from the application date (case prorating) and an individual is prorated from a date after the application date (individual prorating), the automated computer system will first determine case prorating by prorating all members present of in the household at the time of from the application date including the individual who is prorated from a date after the application date. 
Note:  The system does this by determining how much of the month they are the household is not eligible for and then subtracts the result from the benefit amount (TANF Basic Standard of Need (plus the $45 OH allowance when applicable) minus any countable income)). 
The system then completes the individual prorating for the person eligible from a the date of entry to the household later in the month, following the policy listed above.  The individuals prorated amount is added to the prorated amount of the other household members to arrive at the total benefit amount.  by determining how many additional days the individual is not eligible for, the number of days from the application date to the individual's start date, and subtracts this amount from the "case prorated" amount.
This occurs when there is a new application and an individual is added to the household on a date after the application date. The date of eligibility for the added household member(s) will be different from the date of application for the other household members.
 
(Refer to the TANF Benefit Prorate Table on the County Intranet under TANF Hard Cards.)

39. 	400-19-110-30 - Revert to Open Following Case Closure 
•	Changes were made to clarify policy when TANF Eligibility Workers can revert TANF cases to open without policy approval.
•	Minor wording changes were made for clarification purposes.

Revert to Open Following Case Closure 400-19-110-30
When the case closed for the reasons listed below, the case can be reverted to open during the first month following the month in which the closing became effective (e.g. Case closed effective June 30 and assistance is requested at any time during July prior to July 31).  

When reverting a case to open, a completed monthly report is required, there is no prorating of benefits, and the case continues in the two-month retrospective budgeting cycle when appropriate:

1.	Adequate Child Support - Used only in instances in which the case closed effective the last day of the first prospective month because the household anticipated child support in the second prospective month that resulted in ineligibility. The case can be reverted to open if the household contacts the TANF Eligibility Worker no later than the last work day of the month following the month in which the closing was effective (i.e., case closed effective November 30; household must contact TANF Eligibility Worker by December 31) to report that child support was either not received as previously anticipated or was received in a lesser amount.

2.	Excess Income - Used only in instances in which the case closed effective the last day of the first prospective month because the household anticipated income in the second prospective month that resulted in ineligibility. The case can be reverted to open if the household contacts the TANF Eligibility Worker no later than the last work day of the month following the month in which the closing was effective (e.g. Case closed effective November 30; household must contact TANF Eligibility Worker by December 31) to report that income was either not received as previously anticipated or was received in a lesser amount.

3.	Non-Receipt of Monthly Report - Used only in instances in which the case was closed when the completed monthly report was received in the county office before the last working day of the month but the TANF Eligibility Worker did not register the report as received.  (e.g. Case closed effective November 30 due to reason of non-receipt of monthly report,  but a completed monthly report was received by November 30).

4.	Fail to Complete Redetermination - Used only in instances in which the case closed when the redetermination of eligibility was completed before the last work day of the month but the TANF Eligibility Worker did not enter the redetermination complete date in the automated computer system. 
 
5.	Incomplete Monthly Report - Used only in instances in which the case closed when required verifications/information was received in the county office before the last work day of the month but the TANF Eligibility Worker did not register the monthly report as complete.
 
6.	JOBS Sanction – Used only in instances in which the case closed because a JOBS sanction progressed to close and the individual began and successfully completed the Proof of Performance either prior to or in the Sanction Penalty Month and successfully completed it.
		
7.	Help Desk - Used only in instances approved by state program policy staff.

TANF Eligibility Workers can revert a case to open in the Vision System without policy approval, during the first month following the month in which the closing became effective, for reasons #1 thru #6 above.

In all other circumstances (i.e., case closing due to non-receipt of monthly report when the monthly report was not received at all or was received in the month following the month it was due, etc.) a new SFN 719, "TANF Request for Benefits" is required. (See Section 400-19-20-20, Required Applications in Various Circumstances.)
Notification Requirements 400-19-115

40.	400-19-115-10 - Advance (10-Day) and Adequate Notice 
•	Added ‘or e-mail communication’ to #3 under the Exceptions to Advance (10-Day) and Adequate Notice Requirements and to incorporate the correction to policy that was included in IM 5121.
•	Corrected the name of the Sanction Notice in the second paragraph under Adequate Notice/Sanction to coincide with the JOBS and CSE notice changes that were listed in the February 4, 2011 Vision Maintenance Rollout document.
•	Made minor word changes throughout the section for clarification purposes.

Advance (10-Day) and Adequate Notice 400-19-115-10
•	Advance (10-Day) Notice of Adverse Actions
With the exceptions outlined later in this section, each household must receive an advance (10-day) notice of any proposed action that would adversely affect eligibility or TANF benefit amount. ‘Advance’ means that a written notice of a planned termination, reduction, or suspension of a TANF benefit must be mailed at least ten (10) days in advance of the date on which the action would be taken. This gives the household an opportunity to discuss the situation with staff, obtain further explanation or clarification of the proposed action, or present facts to show that the planned action is incorrect. The household member(s) may appear on their own behalf or be represented by legal counsel, relative, friend, or any other spokesperson of their choice.

•	Advance (5-Day) Notice When Probable Fraud Exists
When staff obtains facts through objective collateral sources indicating the likely existence of fraud, advance notices of proposed termination, reduction, or suspension need be mailed only five (5) days in advance of the date the action is to be taken. This shorter period allows for prompt corrective action when probable fraud situations are uncovered.

•	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. However, 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) or e-mail communication, 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.		Benefits are reduced or terminated Reduction or termination of benefits resulting from following the imposition of an Intentional Program Violation;
10.	Benefits are reduced or terminated Reduction or termination of benefits resulting from following the imposition of a child support or JOBS sanction; or
11.	Upon receipt of factual information confirming that the household is no longer a resident of the state.
 
•	Adequate Notice/Sanction
An applicant or recipient must receive adequate notice of any decision made regarding their TANF benefit when an Advance (10-day) or Adequate 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 sent to the household no later than the date the action takes effect. 
 
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 either a TANF JOBS Sanction or TANF Child Support Sanction Nnotice 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.
 
Since Tthe sanction notice addresses case closure for non-cooperation with Child Support Enforcement and or the JOBS Program., tThe household will need not receive be sent an additional closing notice upon case closure.

TANF Payment Process 400-19-120

41.	400-19-120-25 - Unrestricted Payment of TANF Benefits – Changes were made to clarify policy in the first paragraph when the PI of the household does not have an SSN.  In this situation, the household must receive their TANF benefits through the Protective Payee method until the SSN is received.

Unrestricted Payment of TANF Benefits 400-19-120-25
The unrestricted money payment is the basic method for providing assistance to eligible households. Money payments are payments made to the primary individual (PI) through electronic funds transfer or by check through a protective payee, and are issued at regular intervals with no restrictions as to the use of the funds. 
Note:  The Primary Individual must have a Social Security Number (SSN) in order for TANF benefits to be issued through use of the electronic funds transfer.  For households where the PI does not have an SSN, payment of the TANF benefits must be issued through the protective payee process until the PI receives their SSN.

Once the SSN is received, enter the SSN and remove the Protective Payee data.  That information will then be sent to US Bank who will set up an account and issue the household a TANF Reliacard.

Electronic Payment Card
The North Dakota Department of Human Services has determined that issuing Visa branded debit cards enhances self-sufficiency by expanding TANF clients' knowledge of banking systems, avoidance of check loss, and promoting cost-effectiveness as compared to the cost of printing checks. Debit cards provide a fast, secure, and efficient method of distributing TANF benefits while ensuring recipients a convenient and safe way to access their money.
 
The electronic payment card is a prepaid debit card that replaced the TANF check process. The exception to the prepaid debit card is protective payee situations. Protective payee cases will continue to receive TANF benefits by check.
 
Upon authorization of a TANF initial or supplemental benefit or an underpayment, two processes occur.
1.	A demographic file of each new recipient is transmitted to US Bank in the evening of each work day.  Upon receipt of the demographic file, US Bank prints and sends a Visa debit card to be delivered within 3 to 5 U.S. Mail days from the date the case is authorized (for new cases) or when a new card is requested by the payee. Total time, from transmission of card account information to receipt of card by recipient averages 5 business (U.S. Mail) days.

2.	A benefit file of each recipient who is due benefits is transmitted to the Bank of North Dakota. The following day, the Bank of North Dakota sends the funds to US Bank electronically and US bank deposits the funds to the debit card.  Funds are transferred into accounts on all days except Saturdays, Sundays, and federal holidays. Funds will be available to the recipient approximately 24 hours after U.S. Bank receives them.  
Upon authorization of a TANF benefit for ongoing cases for regular issuance, funds are transferred the second to the last working day of the month and are available the first working day of each month.
 
Electronic payment cards will contain the name of the primary individual in the household. To distinguish the card from other program cards, the TANF card displays a wagon wheel.
 
Closing a TANF case does not invalidate the electronic payment card and the funds remain available.
 
TANF households receive information on the use of the card, fees related to the card and privacy information upon receipt of the card from U.S. Bank.
 
Payment Corrections
When a TANF household returns a TANF benefit or the family received a child support payment that should have been retained, the following steps must be completed to correct the payment:
1.	The card holder cashes out the Electronic Payment Card.
2.	The card holder returns the funds to the county social service office by cash, check, or money order.
3.	The TANF Eligibility Worker establishes an overpayment for the months the TANF household is returning the benefit received.
Note: If the case remains open, State TANF Policy must be contacted prior to setting up a recoupment plan.
4.	The county social service office will complete SFN 827, Credit Form, and send a check or money order to the North Dakota Department of Human Services Fiscal Administration for processing.
5.	The North Dakota Department of Human Services Fiscal Administration will apply the funds to the overpayment. 
Note: A TANF month established as an overpayment remains a TANF count month for the lifetime limit.
 
Returning a TANF benefit does not guarantee the family will receive child support payments.
Appeals and Fair Hearing 400-19-125

42. 	400-19-125-10 - Requesting a Fair Hearing – Other than JOBS Sanction – Changes were made to clarify policy in the second paragraph.

Requesting a Fair Hearing – Other than JOBS Sanction 400-19-125-10
When an individual appeals an adverse action, other than JOBS, the individual has the right to make a written request for a fair hearing within 30 calendar days from the print date of the notice of adverse action.
 
When a fair hearing is requested in writing within 10 days from the print date of the notice of adverse action, assistance must be continued pending the fair hearing decision except in the following circumstances:
1.	The household fails to meet other eligibility requirements except JOBS during the appeal process;
2.	The recipient unconditionally withdraws or abandons the fair hearing request; 
3.	The department reverses the proposed action without a hearing; 
4.	The department determines, based upon the record of the claimant's fair hearing, that the issue involved is one of state or federal law or a change in state or federal law.
5.	After an appeal is filed and prior to the decision rendered, a change in the recipient’s benefits occurs and the recipient fails to file a timely request for a fair hearing after they are notified of that subsequent change.
6.	When the appeal is due to a denial, reduction or closure of Diversion. (See Section 400-19-145-55, Diversion Appeals.)

When an individual submits a written request for a fair hearing within 10-calendar days from the print date of the notice of adverse action, the individual’s TANF benefit must be restored at the level the household would have been eligible to receive without implementing the proposed adverse action which is being appealed, pending the outcome of the fair hearing.
Note: If two adverse actions were taken that reduced the households benefit and the household only appeals one of the adverse actions, the restored benefit level will reflect the change in benefits that results from the adverse action that was not appealed.  
 
The TANF Eligibility Worker must create and send a "TANF Benefits Pending Hearing Decision" notice immediately unless the individual requests to have their benefits reduced.
 
If an individual submits a written appeal within 10 days and the individual’s needs have already been removed from the household’s TANF benefit, the TANF Eligibility Worker shall create an underpayment for that month and issue a supplemental payment to the household. 
Note: An otherwise eligible individual and their household shall continue to receive a monthly TANF benefit pending the outcome of the fair hearing.
 
When the individual requests a fair hearing, the fair hearing will be conducted by the Office of Administrative Hearings in accordance with N.D.A.C. 75-01-03.

43.	400-19-125-15 - Requesting a Fair Hearing –JOBS or Tribal NEW Sanction  – Corrected the name of the Sanction Notice in the 1st paragraph to coincide with the JOBS and CSE notice changes that were listed in the February 4, 2011 Vision Maintenance Rollout document.

Requesting a Fair Hearing –JOBS or Tribal NEW Sanction 400-19-125-15
When a JOBS Sanction is imposed, TANF recipients are informed, via the TANF JOBS Sanction Nnotice, of their right to appeal. While a JOBS sanction is not appealable, the adverse effects of a JOBS sanction are appealable.  
 
When an individual appeals the adverse action resulting from the imposition of a JOBS sanction in a timely manner (within 10-calendar days from the print date of the sanction notice) any action to reduce the individual’s TANF benefit (based on the sanction penalty) must be placed on hold pending the outcome of the Fair Hearing unless the individual requests to have their benefit reduced. 
Note: If the individual’s needs have already been removed from the household’s TANF benefit, the TANF Eligibility Worker shall create an underpayment for that month and issue a supplemental payment to the household. An otherwise eligible individual and their household shall continue to receive a monthly TANF benefit pending the outcome of the fair hearing.
 
The TANF Eligibility Worker must create and send a "TANF Benefits Pending Hearing Decision" notice immediately after placing the individual's sanction on hold. Doing so will provide official notice to the individual that if the individual completes a Proof of Performance,  prior to the end of the Sanction Penalty Month, it will reduce the financial consequences of the sanction, in the event that the individual loses the appeal.
  
Even though an individual’s sanction may have been placed on hold, it is in the sanctioned individual’s best interest to cure the sanction during the Sanction Penalty Month. Doing so will reduce the consequences of the sanction in the event the individual loses the appeal.
Note: Even though a sanction may have been placed on hold, additional sanctions can be imposed during the appeal period.  An individual would have to appeal the adverse action resulting from the imposition of each additional sanction.
 
If an individual’s fair hearing request is not considered timely but is received within 30 days from the print date of the sanction notice, the fair hearing request will be honored, but the sanction will not be placed on hold and the effects of the sanction will be imposed. If the individual fails to cure the sanction prior to the last day of the Sanction Penalty Month, the case will close.

44.	400-19-125-30 - Results of the Fair Hearing– Changes were made to clarify policy by adding a lead-in sentence to the beginning as a reminder that action on an appeal cannot be taken until the order that is signed by the Executive Director of the Department is received.
Results of the Fair Hearing 400-19-125-30
Upon receipt of the order, signed by the Executive Director of the  Department:
•	If the individual wins the appeal, a financial penalty is not applied to the case. If the appeal was a result of imposing a JOBS Sanction, the Sanction Status is updated to ‘Removed’, which allows the action to be tracked while rendering the sanction ineffective. 
•	In the event that an individual loses the appeal, any amount paid to the recipient pending the fair hearing decision shall be considered an overpayment, subject to recovery. The amount of such overpayment is the amount of additional benefits paid to the household while awaiting the decision of the fair hearing authority. 
•	In the event that an individual loses the appeal, supportive services paid during the appeal process are not to be considered an overpayment and are not to be subject to recoupment. 

Diversion 400-19-145

45.	400-19-145-40 - Budgeting for Diversion Assistance Benefits 
•	Removed the word ‘assistance’ from the title 
•	Updated the Transportation amount to $150.00 due to the new policy that is effective for the Benefit Month of August 2011
•	Updated the amounts in the budget calculation display.

Budgeting for Diversion Assistance Benefits 400-19-145-40
If the household passes the financial eligibility determination, the Diversion benefit calculation is computed as follows:
1.	The amount of the benefit will be the total amount of the Diversion Types created on the Supportive Services/Special Items of Need Window.

2.	Recoupment amounts (either a percentage of the Standard of Need or a fixed dollar amount) are subtracted from the Diversion Benefit to arrive at the Net Diversion Benefit.

EXAMPLE:  Household consists of a caretaker and one dependent child.  Household is eligible for the $430 Emergency Needs and $125 150.00 Transportation. 
  	Total Amount of Diversion Types	525580.00	
 	Recoupment Amount 
Net Diversion Benefit	0.00
525580.00