Factors of Eligibility 400-19-145-10

(Revised 6/1/10 ML #3218)

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‘Specific Crisis or Episode of Need’ is defined as a nonrecurring, short-term family emergency. To be eligible for Diversion Assistance, families must have a ‘Specific Crisis or Episode of Need’ caused by one of the following:

  1. Temporary reduction or loss of income (earned or unearned) which results in the families inability to pay rent and utilities or the threat of possible or persistent homelessness, eviction, and/or utility shut-off.

 

In order to be considered ‘temporary’, the individual must:

  1. Have secured employment that will allow the household to regain self-sufficiency; or

  2. Have employment to which they will return once the crisis or episode of need has passed; or

  3. Verify the anticipated receipt of unearned income that will allow the household to regain self-sufficiency.

  1. Disaster, which may consist of tornado, fire, flood, etc. The disaster does not have to be one which was federally declared.

  2. Unmet needs (e.g. appropriate work or school attire, special clothing, or tools; moving expenses to accept a job offer or to be closer to work, automotive repair, fee for job placement services, etc.) which are integral to accepting or maintaining employment or to attend work or training activities that will allow the household to become self-sufficient.

 

All TANF applicants or re-applicants that have been determined to meet the non-financial and financial eligibility factors for TANF and are identified as having a ‘specific crisis or episode of need’  will be processed under Diversion guidelines with the following exceptions:  

  1. A caretaker relative in a child only case (OU);

Note: If an ineligible Kinship Care caretaker experiences a ‘Specific Crisis or Episode of Need’, she may request the Kinship Care case be closed and apply for Diversion. However, if the Kinship Care case remains closed for more than a full calendar month, and upon closure of the Diversion she requests to receive Kinship Care, all factors of Kinship Care must be again met.  

  1. A minor parent and not the head-of-household (Head of Household is MP or OU);

  2. An alien who is ineligible to receive assistance due to the alien's immigration status (DA);

  3. A recipient of Supplemental Security Income (SSI) benefits, including presumptive SSI benefits (SS);

  4. A recipient of Social Security Disability (SSDI) benefits (IN);

  5. A parent providing care for a disabled family member living in the home provided that the need for such care is supported by documentation from a qualified professional. See Section 400-19-75-10-15-05, Verified Provider of Care to Disabled Family Member, for additional information (IN);

  6. Parents or caretaker relatives, personally providing fulltime care for a child who is under the age of 4 months, through the last day of the 4th month from the child’s date of birth.(IN)  

  7. Caretakers who will meet the criteria for referral to one of the four Tribal NEW programs within the state must be in the TANF program and immediately referred to the appropriate Tribal NEW program. (See Section 400-19-165-155, Tribal NEW Memorandum of Understanding.)

  8. A caretaker that is employed at the time of application, and is reasonably expected to fail for excess income when determining eligibility the second prospective month.  

Note: Eligibility for the first prospective month must be determined under TANF so eligibility for Transition Assistance can be pursued if a caretaker fails TANF due to excess earned income in the second prospective month.

  1. A household in which at least one member is in receipt of Kinship Care.

  2. Families where the caretaker has received 60 months of TANF.

Note: The family may apply for TANF under the exemption criteria to continue receiving assistance beyond 60 months.

  1. A caretaker that needs to cure an outstanding JOBS, Tribal NEW, or Child Support sanction, or reapplies during a sanction penalty month, must be in the TANF program. During a month of ineligibility due to a sanction, a family is not eligible for Diversion.  A family must be TANF eligible to receive Diversion.

Note: If determined appropriate in a sanction penalty month, the sanctioned individual’s TANF case may be closed at the end of the sanction penalty month provided the sanction is cured. The individual may be eligible under Diversion the month following case closure.

 

If an ongoing Diversion case has a caretaker that was 'IN' and becomes 'DA', 'OU', 'MP' or 'SS', the Diversion case must be closed.

Example: A caretaker that was receiving Diversion has a participation code of 'IN'. If the caretaker starts receiving SSI assistance, the participation code would change to 'SS'. The Diversion case would be closed. The household would be moved to TANF for the future month.

 

If there are two caretakers in a case and only one of the caretakers become 'DA', 'OU', 'MP', 'SS' or ‘ST’, the case may remain a Diversion case.

Example: Diversion case with an incapacitated parent with both parents in the household.  The participation code for both parents would be ‘IN’. The incapacitated parent starts receiving SSI and the participation code changes to ‘SS’, the family may continue to be Diversion eligible, provided the family continues to meet all factors of eligibility for Diversion .

 

Once approved under Diversion, the Diversion case must be closed when the ‘specific crisis or episode of need’ has been resolved, or the individual has received 4 months of Diversion benefits in the previous 12 month period.