Non-legally Responsible Relatives who are Caretakers 400-19-105-40-10

(Revised 6/1/10 ML #3218)

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(N.D.A.C. 75-02-01.2-63)

 

Children may live in the home of non-legally responsible relatives such as grandparents, aunts, uncles, brothers, sisters, stepparent etc.

• If the spouse of the non-legally responsible relative is in the home, the non-legally responsible relatives are ineligible to be included in the TANF benefit and will be designated as an ineligible caretaker. TANF eligibility for the child(ren) will be tested against the income and assets of the child(ren) only.
• If the spouse of the non-legally responsible relative is absent from the home, the non-legally responsible relative has the option of being included as the eligible caretaker, or can choose to ‘opt out’.  If the non-legally responsible relative chooses to be included as an eligible caretaker, income and assets of the eligible caretaker are added to those of the child(ren) in determining eligibility and benefit amount.
• If the income and assets of the non-legally responsible relative results in ineligibility, the non-legally responsible relative must be ‘opted out’ so that their income and assets are not considered when determining eligibility and benefits for the child(ren).
• If the inclusion of the non-legally responsible relative's income reduces the benefit below what it would be for the child(ren) only, the non-legal responsible relative has the option of being ‘opted out’.