TANF Lifetime Limit 400-19-45-35

 

TANF Lifetime Limit - Background Information 400-19-45-35-05

(Revised 6/1/10 ML #3218)

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IM 5449

 

 

(N.D.A.C. 75-02-01.2-35.1)

 

Public Law 104-193, The Personal Responsibility and Work Opportunities Reconciliation Act of 1996 prohibits states from providing cash assistance to households where the head of household or spouse of the head of household has received assistance for a total of 60 months, whether or not the months were consecutive.  While states have the option to set lower time limits on the receipt of TANF benefits, North Dakota has chosen 60 months. North Dakota implemented this provision effective July 1, 1997.

 

Based on Federal regulations at (45 CFR 264.1), the count applies and increments for the following individuals who have participation codes of ‘IN’ or ‘OH’:

• Adult head-of-household
• Spouse of the head-of-household
• Pregnant minor head-of-household
• Minor parent head-of-household
• Spouse of pregnant minor head-of-household
• Spouse of minor parent head-of-household

Note: Count months for a second adult in the household if that adult is not a spouse cannot increment. Count months for unrelated adults such as boyfriends or girlfriends cannot increment.

 

Example #1: Double step-parent household where both parents are ‘IN’. The lifetime limit count applies to and increments for both parents.

Note: If one of the parents in this household had previously reached the 60-month lifetime limit in another case prior to being added to this case, that parent now makes this household ineligible.  

 

Example #2: Intact household where one parent has a participation of ‘SS’ and the other parent (spouse of the head of household) has a participation of ‘IN.’ The lifetime limit count applies to and increments for the spouse of the head of household with the ‘IN’ participation.

 

Example #3: Household where the primary individual has a participation of ‘DA’ or ‘ST’ and the spouse has a participation of ‘IN.’ The lifetime limit count applies to and increments for the spouse of the Primary Individual with the ‘IN’ participation.

 

Example #4: Household consists of mom, boyfriend and child in common. Mom is the head of household.  Due to boyfriends approved incapacity, all three are receiving TANF. The lifetime limit count applies to and increments for mom. However, boyfriend is not the spouse of the head of household, the lifetime limit does not apply and increment for boyfriend.  

 

Countable months of TANF assistance received by an adult from North Dakota since July 1, 1997, or from any other state TANF program or tribal TANF program will be used to determine when a household reaches the 60-month lifetime limit except for the following:

1. A month in which an adult received TANF assistance while residing on Indian land that had an unemployment rate of 50 percent or greater as defined at N.D.A.C. 75-02-01.2-35.1 will not count towards the 60-month lifetime limit.

TANF Eligibility Workers are asked to indicate if an individual is residing on Indian land by selecting the ‘Yes’ or ‘No’ radio button for ‘Living on Indian Land’ on the Citizenship/Marital/Residency window.  This selection is only available in the following counties where there is Indian land: Benson, Dunn, Eddy, Mercer, McKenzie, McLean, Mountrail, Nelson, Ramsey, Richland, Rolette, Sargent, Sioux, and Ward.

 

The automated computer system determines whether or not to count a month based on the ‘Living on Indian Land’ selection and the unemployment rate for the county in which the individual resides.

 

2. A month in which an individual is sanctioned or disqualified does not count against the lifetime limit since the individual’s needs are removed from the TANF grant.
3. Months that are suspended due to the receipt of an extra check from a recurring source do not count toward the lifetime limit.
4. Months that are issued a zero benefit due to a TANF grant being less than $10 do not count toward the lifetime limit.
5. A month in which a Pay After Performance Caretaker does not meet the work participation requirements do not count toward the lifetime limit.

Any month in which a supplemental benefit is issued for an individual whose financial needs were not previously met must be counted towards the lifetime limit.  

 

Any month in which a TANF grant has been paid and is later determined to be a partial or complete overpayment becomes a count month towards the lifetime limit. The month remains a count month even if the month is corrected and overpayments established.

 

The TANF Eligibility Worker must contact all states and Indian tribes in which an adult or minor head of household previously received TANF or Tribal TANF assistance to verify the number of countable months of assistance received.

 

Under federal law, the number of households that may be exempted from the TANF lifetime limit by the state may not exceed 20% of the average monthly number of households receiving TANF assistance.

 

Households that include an adult who has reached the 60-month lifetime limit may be allowed an exemption to the TANF lifetime limit in accordance with Section 400-19-45-35-10, TANF Lifetime Limit – Exemption Criteria.