Eligibility Rules Governing Participation (Codes) 400-19-50

(Revised 6/1/10 ML #3218)

View Archives

 

 

The automated computer system is programmed with the participation and eligibility rules which govern TANF. These rules determine the participation code which calculates the benefit level for each household based on all factors of eligibility.    

 

Each individual’s eligibility to participate as well as their effect on others found eligible are detailed as follows:

• SSI Recipient (SS):  An individual in receipt of Supplemental Security Income (SSI), including those in receipt of presumptive SSI.

An SSI individual is not included as a member of the TANF household.  Their income and equity value of all assets owned by any SSI recipient shall be exempt in determining TANF eligibility. An asset owned solely or jointly with an SSI recipient is an excluded asset.

• Minor Parent’s Parents (MP):  A mother and father (natural or adoptive) who are not otherwise eligible for TANF and who have a child who is a minor parent and the minor parent and minor parent’s child reside with them.  

The income (but not assets)of the minor parent’s parents is considered available to the TANF household and is subject to the same disregards as stepparents when determining eligibility for remaining household member(s).

 

When minor parent budgeting is used, no child support assignments are filed against the parents because their income is already taken into account.

• Stepparents (ST):  A person married to a parent of a child to whom the person is not the parent either by birth, adoption or marriage.

Note: The individual will not be treated as a stepparent if the individual has a natural or adopted child residing in the home and is in receipt of TANF.

 

Stepparent’s income and assets are considered, and allowable disregards and expenses are deducted when determining eligibility for remaining household member(s). (See Section 400-19-55-05-20, Stepparent Assets and Section 400-19-55-15-30, Stepparent Income.)

 

• Ineligible Individuals (OU):

1. Ineligible Caretakers (OU): Caretakers who have children residing with them for whom they are not the parent but to whom they are related within the 5th degree of relationship.

Ineligible caretakers are not included as members of the TANF household and their income and assets are not considered when determining eligibility for remaining household member(s).

2. Pay After Performance Caretakers (OU): Caretakers who have children residing with them to whom they are related within the 5th degree, who are ineligible for their portion of the TANF grant for four months, beginning the month of application, as they are not meeting the Federal Work Requirements.

Pay After Performance Caretakers are included as members of the TANF household and their income and assets are considered when determining eligibility for remaining household member(s). These individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care) and are also eligible to receive Supportive Services.

3. Ineligible Household Members (OU): Individuals who are:

1. Not related to the Primary Individual within the 5th degree;

2. Children related within the 5th degree to the Primary Individual but who do not meet the age requirements;

3. Residing in a public institution for a full calendar month;

4. Not a resident of the State of North Dakota;

5. Married caretakers who have a child residing with them, to whom they are not related in the 1st degree; and  

6. Individuals who are not otherwise eligible.

Ineligible Household Members are not included as members of the TANF household and their income and assets are not considered when determining eligibility for remaining household member(s).

 

• Disqualified Alien (DA):  These are individuals who are not US citizens and do not meet the citizenship requirements of the TANF Program.

Disqualified Aliens are not included as members of the TANF household but continue to have their income and assets considered when determining eligibility for remaining household member(s). These individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care).  

• Disqualification for Fleeing Felons, Probation/Parole Violators, and Convicted Drug Felons (DD): Individuals charged or convicted of any felony who has left the jurisdiction of the charging authorities, individuals determined by the court to have violated the terms of their parole or probation from a felony conviction, and individuals convicted of a federal or state felony involving the possession, use, or distribution of an illegal drug.

Fleeing Felons, Probation/Parole Violators and Drug Felons who are disqualified from receiving TANF assistance continue to have their income and assets considered when determining eligibility for remaining household member(s). These individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care). These individuals are eligible to receive Supportive Services if participating in the JOBS Program.

• Disqualified Fraud/Misrepresentation of Residence (DF): An individual who:  

1. Has had an Intentional Program Violation (IPV) imposed through court conviction, disqualification consent agreement, or Administrative Disqualification Hearing (ADH); or

2. Has been convicted in federal or state court of having made a fraudulent statement or misrepresentation of their state of residence after July 1, 1997 and has received assistance in more than one state for the same month.

Individuals who are disqualified due to Fraud or Misrepresentation of Residency are disqualified from receiving TANF assistance and continue to have their income and assets considered when determining eligibility for remaining household member(s). These individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care). These individuals are eligible to receive Supportive Services if participating in the JOBS Program.

• Disqualified JOBS (DI): An individual who is disqualified for non-compliance with the JOBS Program.

Disqualified JOBS individuals are disqualified from receiving TANF assistance and continue to have their income and assets considered when determining eligibility for remaining household member(s). These individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care). These individuals may be eligible to receive Supportive Services if participating in the JOBS Program (e.g. completing a POP to cure a sanction).

• Disqualified Child Support (DM): An individual who is disqualified for non-compliance with the Child Support Enforcement Program.

Disqualified Child Support individuals are disqualified from receiving TANF assistance and continue to have their income and assets considered when determining eligibility for remaining household member(s). These individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care). These individuals are eligible to receive Supportive Services if participating in the JOBS Program.

• Out of Home (OH): An individual who does not reside in the home whose personal needs are included in the TANF grant.

Out of Home individuals are eligible for a monthly personal needs allowance of $45, and their income and assets are considered when determining eligibility for remaining household member(s). These individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care). These individuals are eligible to receive Supportive Services if participating in the JOBS Program.

• Eligible (IN): An individual who is or is deemed to be residing in the home and is eligible for TANF, including individuals who meet the Work Requirements during a Pay After Performance period.

Eligible individuals are included in the full TANF Basic Standard of Need and their income and assets are considered when determining eligibility for the household. These individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care). These individuals are eligible to receive Supportive Services if participating in the JOBS Program.

• Unborn (UB): The unborn child of a pregnant woman.