Verified Provider of Care to a Disabled Family Member 400-19-75-10-15-05

(Revised 9/1/2021 ML #3629)

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For purposes of this section:

• “Parent” means a parent or caretaker relative who would otherwise be considered a non-exempt caretaker, including a Pay After Performance caretaker.

• “Disabled” or “Disability” means the existence of a verifiable physical or mental impairment.

• “Family member” means an individual who is within the fifth degree of relationship to the ‘parent’.

• “Living in the home” means physically residing within the home of the ‘parent’ or spouse.

• “State Exemption Determination Team (SEDT)” means the TANF/JOBS Policy Unit.

• “Legal Duty to Provide Care” means an individual whose legal responsibility to provide care to an individual is conveyed by marriage, parentage or by court order.

Note: Unless ordered by the court, a parent’s ‘Legal Duty to Provide Care’ ends:

1. For a child who turns age 18, the month following the month the child turns age 18; or

2.  For a child who is age 18 and will complete their training curriculum from a secondary school or vocational or technical school that is equivalent to secondary school by the last day of the month of their 19th birthday, the month following the month the child completes their training curriculum.

The TANF Program shall exclude from participation in the JOBS Program a parent or spouse who is providing care to a disabled family member if:

1. The disabled family member is “living in the home” and the parent or spouse has a “legal duty to provide care”; and

2. The SEDT has determined that the “family member’s” disability supports the parent’s or spouse’s need to provide care to the disabled family member.

 

Requests to have the SEDT grant VP exemption to an individual may be initiated by the disabled family member’s parent or spouse, the eligibility worker, or the JOBS Employment Contractor, as described below.

 

Required Process For Determining If A Parent or Spouse Should Be Considered A Verified Provider Of Care To A Disabled Family Member:

1. The parent or spouse must provide current medical documentation verifying the family member’s disability and supporting the parent or spouse's need to remain at home to provide full-time care to the disabled family member.

2. The eligibility worker or JOBS Employment Contractor must forward a completed copy of SFN 451 “Eligibility Report on Disability/Incapacity” along with all available medical documentation to the SEDT requesting that VP exemption be granted to the parent or spouse.

3. The SEDT will determine if the VP exemption will be granted.  If the SEDT grants VP exemption to the parent or spouse, the parent or spouse will not be required to participate in the JOBS or Tribal NEW Programs.

4. The SEDT will inform the eligibility worker and JOBS Employment Contractor of the determination.  If VP exemption is granted, the eligibility worker is informed of:

1. The date of the next scheduled review; and

2. The information that must be provided to complete the review.