Budgeting for the Month in Which an Absent Parent Returns or Recipient Marries 400-19-105-40-40

(Revised 1/1/11 ML #3246)

View Archives

 

 

(N.D.A.C. 75-02-01.2-20)

 

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 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.