Four Purposes of TANF

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2 Four Purposes of TANF 1. Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; 2. End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; 3. Prevent and reduce the incidence of out-of wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and 4. Encourage the formation and maintenance of two-parent families Types of Payment and Support Cash payments (must meet need standard) Non-recurrent cash payments (must meet need standard) Expanded non-recurrent cash payments (may not meet need standard) Services (may not meet need standard) Basic Cash Assistance (BCA): This assistance is intended for families with ongoing needs, multiple barriers, and a need for support over multiple months. State Diversions: These are intended for families that do not have recurring needs, are jobready, may be self-sufficient, and are able to obtain self-sufficiency in the near future. Also, these may be used to stabilize a family, and the family does not necessarily need to be job attached. This support must be limited to less than four months and cannot extend past four months. County Diversions: Counties establish their individual requirements for distributing this through County Policy. Because of this, the county may be able to serve a larger segment of the population. Services: Exist in the form of partners, college courses, certification programs, relationship classes, and others. Other Payments Supportive Services/Other Assistance Payments: These payments are issued to the family in addition to Basic Cash Assistance to provide additional support. School supplies would be an example of an Other Assistance payment. Non-Financial Eligibility Assistance Unit: Consists of members of the household who live together and whose income and other circumstances are considered to determine eligibility and payment amount. The members may include specified caretaker(s), siblings, and half siblings of the dependent child. In addition, family members living in the same household whose needs are included in the Cash Assistance Grant. Colorado Works: The Basics of the Program Page 2

3 Benefits are granted to the Assistance Unit, not the individual. Eligibility begins with the relationship or responsibility of a specified caretaker to the dependent children in the household. Emancipation: The point at which a child is free from parental control. It occurs when the child s parents no longer perform their parental duties and surrender their rights to the care, custody and earnings of their minor child. Noncustodial parent: The parent who does not live in the same household as the minor child receiving assistance. Eligible individuals must be: Residents of Colorado Citizens of the U.S. (For Legal Non-Citizeninformation reference that section.) Verified as lawfully present (per , new rule , N, 5) Applied for or be in possession of a Social Security number Members of an assistance unit who are a(n): o Dependent child(ren) under age 18, or o Dependent child(ren) age 18 who is/are a full-time student making satisfactory progress in school or an equivalent activity and expected to graduate or complete the program before age 19, or o Caretaker relative(s) age 18 or older, or o Members of an Indian Tribe not eligible for assistance under a Tribal Family Assistance Plan, or o Unemancipated minor parents under age 18, AND Not admitted to an institution as a patient for tuberculosis or mental disease, and Not an inmate of any institution (except as a patient in a public medical institution) Ineligible Individuals/Assistance Units Include: Ineligible Individuals for receiving Colorado Works benefits: o Fugitive felons, parole violators, or probation violators o Specified caretakers who fail to report (without good cause) within 5 working days a child who is expected to be out of the home for longer than 45 calendar days. o Persons convicted of a drug-related felony, unless the county has determined the person has taken action toward rehabilitation. o Persons participating in a strike. Minor Parent Applicant/ Participant: A minor parent must be living in the home of a specified caretaker or in a county approved setting in order to receive assistance. Minor parents with a child over the age of 12 weeks are required to participate in high school, GED, or equivalent or an approved training program within 60 calendar days of the date of application or assessment dependent upon the age of the minor child. Colorado Works: The Basics of the Program Page 3

4 Qualified Non-Citizen: A qualified non-citizen is an individual who is not a citizen or national of the United States, and who was lawfully admitted to the United States by the U.S. Citizenship and Immigration Services (USCIS) as an actual or prospective permanent resident, or whose physical presence is known and allowed by the USCIS. (per Definitions, new rule Qualified Non-Citizen) A qualified non-citizen is eligible to participate in the Colorado Works program, who entered the United States prior to August 22, 1996, or Entered the United States on or after August 22, 1996 and who has been in a qualified non-citizen status for a period of five years, or if less than five years, is in a federal exempt category pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C (B), or Has a spouse or parent with 40 quarters (10 years) of work in the United States. ( A.3) Refugees are qualified non-citizens exempt from the five-year bar. Eligibility Determination Activity Read the scenarios below and identify if the assistance unit may or may not be eligible for basic cash assistance. Also, what should be taken into consideration when determining eligibility? 1. Meet Marc, a single father with three children, Carla, 16, Tom, 14, and Gabriela, 8 years old, who all attend school. Marc is 35, a U.S. citizen, and works in the restaurant industry. His wife is deceased but his in-laws live near him in Alamosa County. Is Marc eligible based on this information? 2. Meet Shayleen, a single mother with one son, Anthony, who is 7, and in second grade. Shayleen is 24 years old and a U.S. Citizen. She lives in Arapahoe County and has never worked outside the home. Is Shayleen eligible based on this information? 3. Meet Alexander, 30, and Amy, 26, who are married and live in Jefferson County. They have a daughter, Anastasia, 4. Alexander is a legal immigrant from Russia and has lived in the U.S. since He is an unemployed warehouse worker. Are Alexander and Amy eligible based on this information? 4. Meet Tam, a 30 year old woman who is three months pregnant and lives in Mesa County. Tam is a legal immigrant who came to the U.S. in She works in a grocery store but is currently on strike. Colorado Works: The Basics of the Program Page 4

5 Financial Eligibility $90 Disregard: Deducted from gross pay to offset employment expenses and used in prospective budget months. 67% Income Disregard: A deduction from earned income, taken for 12 months of recipients income from employment to determine eligibility and payment. Countable Income: The total family income that is compared with the need standard, for eligibility determination (includes earned and unearned income). Income Exemptions: Include Benefits provided from the Low Income Energy Assistance Program (LEAP), Earned Income Tax Credit (EITC), a child receiving subsidized adoption funds shall be excluded from the Assistance Unit and his/her income and resources are exempt unless such exclusion results in lower benefits to the family. Unearned Income: Income from sources other than employment, such as lump sum income or child support. Need Standard: The State of Colorado defined level of standard to determine the amount of Basic Cash Assistance. This is cash needed by size of household for essential things like clothing, transportation, additional food, etc. Monthly status report (MSR): Generated by CBMS and mailed to client by the day before the last working day of the month. The MSR is for reporting circumstances that may affect ongoing eligibility. MSR must be received by the county by the first working day after the sixth calendar day of the processing month. The final filing deadline is 10 days after the first filing deadline. MSR Correction Deadline: Incomplete or incorrect MSRs are not processed. A Notice of Required Action is mailed advising client the MSR is incomplete, the date for correction deadline (specified by county), and consequences of not correcting. The consequences of late, incomplete or incorrect MSR is that the client may not receive disregards and may have their case closed. Resources: Not considered for Colorado Works eligibility. These may need to be entered into CBMS if there are other programs on the application or case. Lump Sum Income: Is considered as income in the month received within the budgeting cycle and a resource thereafter. Income Two-Step Process: Initial Eligibility Determination (Prospective) o Use Need Standard Test On-going Eligibility Determination (Retrospective) o Use Need Standard Test Need Standard Activity Review the TANF Standards of Assistance Chart and answer the following questions. 1. What is the need standard for a household with 1 specified caretaker and 2 children? 2. What is the need standard for a household with 2 specified caretakers and 6 children? Colorado Works: The Basics of the Program Page 5

6 Prospective Budgeting: For initial eligibility, the Basic Cash Assistance grant is calculated on estimated (future) income. Assumption of earned income is used to calculate BCA. Retrospective Budgeting: After initial eligibility, the Basic Cash Assistance grant is based on the income from a prior month (budget month) to determine the payment for an upcoming month (payment month). The case is processed the month in between (processing month). MSR document provides the actual income for calculation. Ongoing Payment Example: Budget Month January Monthly Status Report is due by February 7 with January information. Processing Month February Eligibility is determined and payment is calculated. Payment Month March Payment is issued. Suspension Example: There is employment income in the household. The employed client is paid every Friday. Most months have four Fridays. When a month has five Fridays, he/she will be paid five times. The extra paycheck may put the household over the need standard eligibility check. For the next month, the grant is suspended. Payment Determination Activity Place the following details of a sample case into the correct month Application date Application date processed When would the first monthly status report be due? Determine the effect of earnings in June? Determine the effect that disregards will have on the case. May June July August September October Colorado Works: The Basics of the Program Page 6

7 Program Sanctions and Closures Good cause: Colorado Works applicants and participants shall not be required to participate in work activities if good cause exists. Before imposing a sanction or closing the case for demonstrable evidence, you must first determine whether the participant has good cause for not cooperating. The client may be required to verify his/her reasons. Possible good cause reasons: Family emergencies (limited to: serious/terminal illness of immediate family member, natural disasters, criminal victimization such as robbery/assault, involvement of child protection worker with activities incompatible with IRC) Child care is unavailable Employment or work sites are unavailable Verified court appearance Domestic Violence Homelessness Severe physical or mental disability Eviction, mental health These are examples of good cause. Good cause reasons are determined by county policy, so consult with your specific county s policy. Sanction: Counties must impose sanctions on all Colorado Works participants who fail or refuse to cooperate with their IRC, without good cause, unless the case closes. Participants must be given due process including: Notice of intent to sanction letter Opportunity to provide good cause to cure the non-compliance Work to re-engage client in activities during the conciliation period 1 st level results in 25% reduction of Basic Cash Assistance Grant for 1 month 2 nd level results in 50% reduction of Basic Cash Assistance Grant for 1 month 3 rd level results in 100% reduction of Basic Cash Assistance Grant for 3 months Other sanction requirements: Conciliation period and client meeting are required for sanctioning a participant or closing the case for demonstrable evidence Before the sanction, send a conciliation/good Cause letter allowing 10 days between mailing and appointment date Make an appointment for a face-to-face meeting to discuss the non-compliance issue If client is a no-call/no-show for the appointment the sanction process begins If client keeps the appointment the client has (county specified time period) to cure the non-compliance Document everything in the client s file and complete a new IRC Sanction periods must be served by the participant Colorado Works: The Basics of the Program Page 7

8 o A sanction is considered served if there has been a decrease in the benefit according to the level of sanction or if there has been a break in benefits for more than 180 days. An application will cure a WFD sanction if uncured at the time the application is submitted A case may be closed because: Client withdrawals from the program The assistance unit no longer qualifies under financial or non-financial eligibility rules The client has received Basic Cash Assistance (BCA) for 60 months (subject to appeal) The client failed to cure a Level 3 sanction The client failed to file MSR Demonstrable Evidence Extension of benefits Extension: A case can be extended beyond the 60 month lifetime limit of benefits (per , new rule ). An automated CBMS notice nearing the end of 60 months of benefits is sent to the participant. Rule provides the details of the participant/county process for the extension request process. Other extension considerations: Limits imposed by rule for Counties Only 20% of the state s BCA cases can be extended Extension period limited to 6 months Multiple extensions may be approved Extensions may be approved long after the 60 months have ended if hardships present themselves Hardship (per , new rule D) is defined as one or more of the following that prevents the adult member(s) of the assistance unit from securing or maintaining employment: A. Disability of the caretaker, his/her spouse, the dependent child(ren) or immediate relative for whom the caretaker is the primary caregiver, pursuant to the definition of persons with disabilities adopted by the State (ADA rules) at Section 3.605; or, B. Involvement in the judicial system by a member of the assistance unit; or, C. Family instability which may include a caretaker with proven inability to maintain stable employment or inability of the caretaker to care for the children in their own home or in the home of a relative; or, D. Inadequate or unavailable: A. Child care, B. Housing, C. Transportation, or D. Employment opportunities. County departments shall include additional criteria for Item D specific to the county. A county department may define additional reasons for granting an extension due to hardship. Colorado Works: The Basics of the Program Page 8

9 The detailed information for Item D and additional hardship reasons shall be defined and described in the county plan and county policies. E. Domestic violence extension may be granted when domestic violence problems, as defined at Section 3.602, prevent the adult member(s) from participating in work activities or securing employment. All appropriate members granted an extension of Colorado Works/TANF assistance due to any hardship, including domestic violence, shall: o Complete an Individual Responsibility Contract (IRC). o IRC shall include the participation activities required of the participant(s) as a condition of the extension as well as the IRC requirements at Section o Failure to comply with all terms and conditions of the IRC without a determination of good cause shall result in sanctions or termination of assistance pursuant to Section 3.626, new rule , Sanctions and Disqualifications for Basic Cash Assistance Grants. Individual Responsibility Contract (IRC) IRC: The County departments shall develop a new participant s IRC within 30 days after completing the participant s initial assessment. Having a current IRC is a condition of receiving TANF payments. Every IRC must notify a participant of the following in BOLD print at the top of the document: No individual is entitled to any form of assistance under the Colorado Works Program The IRC is a contract between the participant and the county that specifies the terms and conditions under which a participant may receive assistance under the Colorado Works Program and specifies the responsibility of the county and the participant. The Individual Responsibility Contract does not create a legal entitlement to benefits Participant s failure to comply with the IRC without good cause may result in sanctions, including but not limited to the termination of the basic cash assistance grant The IRC should contain the following: Assigned work activities Work placement address/location Start and projected end dates Scheduled hours per week Agency responsibility Supportive services provided, etc. Participant responsibility Meetings with dates, times, and location Paperwork and due dates, etc. Actual end date County worker signature and date Colorado Works: The Basics of the Program Page 9

10 Participant signature and date Other considerations: All consequences and conditions associated with the IRC shall be listed and explained to the Applicant/participant. The county department shall seek the input and involvement of the participant when developing the IRC. Either a county or a participant may request a modification of their contract. An applicant or participant shall indicate by his/her signature on the Individual Responsibility Contract (IRC) that he/she agrees with the terms and conditions of the IRC or that the applicant or participant requests a county dispute resolution conference of the proposed Individual Responsibility Contract, pursuant to a county department s written policy. The IRC should set the participant up for success. The IRC should be written for participant success, not the work participation rate. The IRC should be revised when needed. Work Activities Work Eligible: This describes anyone whose participation in work activities contributes to determining whether the family counts in the calculation of the work participation rate. Includes as work eligible certain child-only cases: When parents are sanctioned/ipv When parents reach time-limits At State option, when a parent who receives Supplemental Security Income (SSI) works or participates in the Ticket to Work program Excludes as work eligible other child-only cases: Grandparents and other specified caretakers Undocumented immigrants and immigrants under five year ban Parents receiving SSI are not included under State option Case closure: A parent or caretaker relative is required to engage in payable work activities upon approval of benefits. If the work eligible individual is not, the case will close. Two exceptions: unavailability of child care & domestic violence. (per B, new rule , B) Core Activities Unsubsidized Employment Subsidized Private Sector Employment Subsidized Public Sector Employment On-The-Job-Training Job Search/Job Readiness Assistance Work Experience Community Service Colorado Works: The Basics of the Program Page 10

11 Vocational Education Non-core Activities Job Skills Training Directly Related to Employment Satisfactory Attendance at Secondary School or in GED Education Directly Related to Employment Excused Absences: These hours can be applied to unpaid activities and are available to participants that experience an absence due to reasons allowed per county policy. Hours are used in calculation toward meeting WPR. There is an allowance for 80 hours in preceding 12-month period and a maximum of 16 hours per month. Recognized Holidays: These hours can be applied to unpaid activities and are available for program-designated holidays. Up to eight hours may be given for each holiday. Hours are used in calculation toward meeting WPR. The following are designated holidays: New Year s Day, President s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve Day, Christmas Day Colorado Works: The Basics of the Program Page 11