TANF Lifetime Limit - Exemption Criteria 400-19-45-35-10

(Revised 6/1/10 ML #3218)

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(N.D.A.C. 75-02-01.2-35.1)

 

Households may be considered exempt from the TANF lifetime limit when any of the following criteria are met:

 

Automatic exemptions

  1. The eligible adult caretaker in the household who has not met the lifetime limit and is age 65 or older.  Such an individual will be automatically exempt from the lifetime limit requirement through the automated computer system and will not be required to request an exemption.

  2. The eligible adult caretaker who has not met the lifetime limit and is considered disabled and in receipt of Supplemental Security Income (SSI, including presumptive SSI) will be automatically exempted from the lifetime limit requirement by the automated computer system, and will not be required to request an exemption.

Individuals considered disabled for SSI (including presumptive SSI) by Social Security Administration but not in receipt of a payment (1619b, SSI recoupment, setting up a protective payee, etc.), will not be considered exempt from the lifetime limit as a disabled individual.

 

If the Social Security Administration determines that the individual is no longer eligible to receive SSI, the exemption ends.

  1. The lifetime limit months do not count when the eligible caretaker is residing on Indian land in Benson, Dunn, Eddy, Mercer, McKenzie, McLean, Mountrail, Nelson, Ramsey, Richland, Rolette, Sargent, Sioux, and Ward County, and the unemployment rate is greater than 50%.

Note: Currently, Benson, Rolette and Sioux counties have unemployment rates greater than 50%.

 

Exemptions that Require a Request by the Household

  1. An eligible caretaker is determined to be incapacitated in accordance with N.D.A.C. § 75-02-01.2-18. The caretaker has a physical or mental condition of such a debilitating nature as to reduce substantially or eliminate the individual’s capacity either to earn a livelihood or to discharge the individual’s responsibilities as a homemaker and provider of child care for a period of thirty days or more.

A caretaker continues to be incapacitated if the incapacity is not reasonably subject to remediation, or if the individual makes reasonable progress towards remediation of the incapacity.  Reasonable progress towards remediation means cooperation with the medical practitioners who prescribe the course of treatment intended to remediate or limit the effect of the incapacity. This includes, but is not limited to, physical therapy, counseling, drug therapy and weight loss, cooperation with vocational practitioners, and reasonable progress in a course of training or education intended to qualify the individual to perform an occupation which, with the training or education, the individual would have the capacity to perform.

  1. An eligible caretaker whose spouse or dependent child is determined to be incapacitated and in need of full-time care.

  2. An eligible caretaker who is a victim of family violence and unable to be regularly employed or to participate fully in approved work activities due to the physical, emotional, or psychological effects of family violence.

Examples of family violence may include, but are not limited to physical, emotional, or psychological harm; bodily injury; sexual activity compelled by physical force; and assault or the fear of imminent physical harm or bodily injury.