Factors of TANF Eligibility that do not Apply to Diversion 400-19-145-15
(Revised 5/1/2023 ML #3704)
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All existing TANF rules apply to Diversion except for the following:
- Cooperation in obtaining child support or establishing paternity for any child member of the family is not required. A Diversion month will not have a Child Support Division referral. This means child support will not be assigned, unreimbursed public assistance (UPA) does not apply and there cannot be a child support sanction imposed. However, a family may pursue child support enforcement services without a referral. Any child support received by the family is considered unearned income and must be used to determine a Diversion benefit.
- Individuals who receive Diversion are not required to participate in the Job Opportunities and Basic Skills (JOBS) Program.
- A month in which Diversion is received does not count toward the TANF 60-month lifetime limit. All months of Diversion are considered non-assistance and cannot count towards the lifetime limit.
- TANF Benefit Cap provisions do not apply to Diversion as of October 1, 2008.
- If the family requests to receive TANF for the month following the month a Diversion case closes:
- TANF will continue in retro budgeting cycle and a completed Monthly Report and an SFN 405, "Application for Assistance" or an Electronic Application is required.
- All TANF rules apply such as an interview ( the interview is optional if there is no break in assistance of one full calendar month) and Up-front JOBS and Child Support.
- TANF cannot be worked in the automated computer system until the next month and TANF will continue in the retrospective budget cycle without being prorated.
Note: Proration of TANF benefits would apply if the family applies for benefits any time after the first day of the month following closure of Diversion.
- There must be a closure when going from TANF to Diversion and vice versa.
Example 1: (Diversion to TANF) The family received two months of Diversion in October and November. The Monthly Report is received in November and the eligibility worker determines that the family no longer has a ‘specific crisis or episode of need’. Diversion is closed the end of November. The eligibility worker obtains SFN 405, Application for Assistance or Electronic Application and utilizes the Monthly Report to approve TANF effective December 1st.
Example 2:(TANF to Diversion) Ongoing TANF. The eligibility worker determines the family has a ‘specific crisis or episode of need’ and should be on Diversion. After discussing with the caretaker the benefits of receiving Diversion, TANF is closed for client request. An SFN 405, Application for Assistance or Electronic Application is required along with the monthly report.
- The Time Limited Percentage (TLP) earned income disregard will remain at 50 percent for Diversion, unless at the time of TANF closure, the household received six months of TLP in their thirteen-month cycle. If they received six months of TLP in their thirteen-month cycle, the count will continue to increment while on Diversion.