Eligibility for Individuals Visiting In or Out-of-State 400-19-45-45-05

(Revised 10/1/10 ML #3241)

(N.D.A.C. 75-02-01.2-41)

An individual from out-of-state visiting family in North Dakota who intends to return to the state from which they came, are considered temporarily residing in North Dakota and are not eligible to receive TANF.

Example: A child who lives with a parent in Oregon comes to North Dakota to visit their other parent who is receiving TANF at the end of May. The child is expected to return home to Oregon in August. The child is not eligible to be added to the TANF case in North Dakota as the child is considered residing here temporarily.

An individual who receives TANF in North Dakota and visits family outside of North Dakota with the intent to return to North Dakota at the end of their visit will continue to be eligible for TANF in North Dakota, provided the individual has returned to North Dakota by the last day of the month following the month they left. This individual must continue to meet all eligibility requirements such as monthly reporting, compliance with the JOBS work requirements, etc. If the individual has not returned by the last day of the month following the month they left, the individual must be removed from the TANF household.

Note: If at the time the individual leaves North Dakota it is known the individual will be away beyond the last day of the month following the month they left, the individual must be removed from the TANF household effective the end of the month they left.

A possible exception to this policy is situations when the temporary absence from the state exceeds the above referenced time-frame due to illness or injury. When this situation occurs, TANF Eligibility Workers should contact state TANF policy staff for guidance.

An individual, who receives TANF in North Dakota and visits family in North Dakota, is eligible through the month in which the individual left the TANF household.

If the individual who left is expected to return to the household by the last day of the month following the month the individual left, the individual will remain eligible in the household they left temporarily.

Note: This individual must continue to meet all eligibility requirements such as monthly reporting, compliance with the JOBS Program, etc.

If the individual is not expected to return or has not returned by the last day of the month following the month they left, the individual must be removed from the TANF household they left effective the end of the month they left. Should the household in which the individual is visiting apply for TANF, the individual may be included to receive TANF benefits in that household effective the month following the month the individual left, or was removed from the previous household.

Example #1: A child is receiving TANF in Mom’s case in Grand Forks. In May, the child goes to Dad’s home in Bismarck for a visit and will be returning to Mom's home prior to the end of June. The child remains eligible in Mom’s case.

Example #2: A child is receiving TANF in Mom's case in Fargo. In May, the child goes to Dad's home in Williston for a visit and will be returning to Mom's home in August, prior to the start of school. The child must be removed from Mom's case effective the end of May. Should Dad apply for TANF, the child would be included in this case beginning with June benefits.