TANF Household Composition (Filing Unit) 400-19-45-05

(Revised 6/1/10 ML #3225)

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(N.D.A.C. 75-02-01.2-37)

 

The TANF household is comprised of individuals who live together where at least one member is in receipt or would be in receipt of TANF if Pay After Performance (PAP) requirements are met.  The household must include:

  1. A dependent child;

  2. The natural, adoptive, or stepparents of the dependent child; and

  3. The dependent child's siblings (including half and step-siblings) who are under age 18, or if age 18, a full-time student reasonably expected to graduate from high school by the last day of the month in which the student attains age 19.

Note: Any of the above members who are temporarily residing away from home must be included in the TANF household.  

 

Parent(s) of the dependent child(ren) who reside in the home must be included, whether or not married. If a parent claims or appears to be incapacitated, incapacity must be explored because additional household members and their income and assets may then have to be included in the unit. Once the TANF household is established, all income and assets of the persons required to be included must be considered in determining eligibility.

 

A minor parent who resides with a legally or non-legally responsible caretaker is considered a dependent child (and not a caretaker). When the minor parent resides with a legally responsible caretaker, the legally responsible caretaker must be included in the TANF household (three-generation household).

 

Stepparent(s) must be included in the TANF household and either the stepparent will be eligible for benefits or stepparent budgeting will apply. No stepparent may be included as a second eligible caretaker for the TANF portion of the benefit unless the stepparent has a natural or adoptive child(ren) who is also included in the TANF household.  

 

When a natural or adoptive parent does not reside in the home and the caretaker is a stepparent (who may or may not have a natural or adoptive child in the home), the caretaker (stepparent), caretaker’s children and stepchild(ren) must be included in the TANF household.

Note: Effective June 1, 2010, the household must include the stepparent, any natural or adoptive children of the stepparent and stepchildren.  

 

Individuals in receipt of Supplemental Security Income (SSI), including presumptive SSI benefits, are not included in the household. If the person is receiving a zero SSI benefit but is considered an SSI recipient (e.g. due to recoupments, 1619B eligible, etc.) they are not considered as receiving SSI benefits for TANF purposes and the person is included in the household.

 

At times a parent may request that a particular child not be included in the TANF household. The parent has no option in this matter since the household provision requires that all otherwise technically eligible persons must be included in the household. However, a non-legally responsible person (i.e. grandmother, grandfather, aunt, uncle, etc.) may choose not to participate in TANF. (See Section 400-19-140, Kinship Care)

 

When the only dependent child in the household is a SSI recipient or is disqualified because of noncooperation with program requirements, the parent in the TANF household may remain eligible for benefits unless the case progresses to close due to a sanction.

 

People absent from the household due to employment, training, education, or obtaining medical care are addressed in Section 400-19-45-70-15, Absence Reasons that DO NOT Establish Deprivation.

 

Examples of TANF Households:

 

Graphic 1 - Example of TANF Household

  1. If one of the stepparents is not incapacitated, disabled or aged, the unit would consist of either the mother and her child or the father and his child.

  2. If both stepparents want TANF for their deprived child, the unit would consist of 4 persons with their child in common being ineligible and that child’s needs will be unmet.

  3. If either stepparent is incapacitated, disabled or aged, the unit will consist of all 5 persons.

  4. If one of the stepparents leaves, the unit will consist of 4 members since the child in common is a half-sibling to the stepchild and the stepparent is considered related to the stepchild within the 5th degree.

 

Graphic 2 - Example of TANF Household

 

  1. If the minor parent is under age 18, the minor parent is a dependent child in the parent’s unit. The minor parent’s baby must be included in the household.

  2. If the minor parent is under age 18 and the case fails due to the parent’s income, the minor parent cannot receive a TANF benefit for the minor parent and the baby.

  3. If the parent is age 18 or older, the parent would qualify in their own right and the baby must be included in the parent’s household. The baby’s grandparent is not eligible.