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(Revised 3/1/07 ML #3064)
NDAC 75-02-01.2-03.1
Unless first determined to be exempt or granted good cause for nonparticipation, the applicant, and any member of the family for whom TANF is requested, shall, as a condition of eligibility, comply with requirements of Up-front Child Support and Job Opportunities and Basic Skills (JOBS) or a Tribal Employment Works program (NEW) (NDAC 75-02-01.2-03.1). Failure to cooperate with Up-front Eligibility requirements will result in the denial of a TANF application.
Up-front Eligibility requirements apply at the time of application or reapplication but not on a reverted to open. Up-front Eligibility does not replace the sanction process.
Referrals for Child Support Enforcement will not be sent until the TANF case is authorized. Referrals for the JOBS/Tribal New are to be made in the month of application when a determination has been made that the household is otherwise eligible. Otherwise eligible means an individual has been determined to be TANF eligible, with the exception that the individual may still need to comply with the Up-front Eligibility requirement for JOBS/Tribal NEW or you have determined it is reasonable to believe the family will be eligible for TANF because it appears deprivation exists, the family is income and asset eligible and household composition has been determined but verifications may be pending.
Example 1 of Otherwise Eligible
Mom applies for TANF for herself and her two children. Mom has provided all required verifications and the family meets all other eligibility requirements. Mom has to call the JOBS coordinator to schedule an appointment. Mom completed the Child Support information form and signed the Acknowledgement of Nonrepresentation during the interview. Household determined to be otherwise eligible and an emergency referral is made.
Example 2 of Otherwise Eligible
Mom applies for TANF for herself and her two children. Mom has earned income of $400 monthly and provided verification of earnings. Mom has a checking account with a balance of $200 and savings account balance of $350 with U.S. Bank. Verifications pending from U.S. Bank. Mom has provided all other required verifications. The family meets all eligibility requirements except for the pending verification from the bank. The family is otherwise eligible and a JOBS emergency referral is made.
The processing standards for a TANF application for benefits are 30-days (see section 400-17-25-45). In some situations, the 30-day time period may be extended because of extenuating circumstances such as delays in interviews or waiting for verifications. Up-front eligibility requirements may cause an application to go beyond 30-days. Prudent person concept applies. “A prudent person refers to an eligibility worker who consistently exhibits good judgment in requesting, reviewing, and weighing information provided by a recipient.” Reference 449-05-20-10.
Up-front Eligibility requirement does not apply when adding new household members. New household member are treated the same as today.
Up-front Eligibility Child Support
Applicants are required to complete Child Support Information form (SFN 74) and Acknowledgment Of Nonrepresentation (DN 403) form before, during, or after the face-to-face interview. The Child Support Information form will be required for each caretaker against each absent parent of each dependent child for whom TANF benefits are requested. Only one Acknowledgment Of Nonrepresentation is required per caretaker. The forms may be included with the information provided to TANF applicants with the application packet.
In addition, before adding a new application or reapplication for TANF, review the Absent Parent Maintenance window in Vision. If a reason of financial or paternity appear in the ‘Child Support Non Cooperation Reason(s)’ box for any children included for TANF, there may be an outstanding issue that needs to be resolved with Child Support Enforcement before receiving TANF benefits.
If there is an outstanding issue, discuss with the recipient during the face-to-face interview and request the individual contact the Regional Child Support office to resolve the issue. The outstanding issues with Child Support Enforcement must be resolved as part of Up-front Child Support Eligibility. Do not authorize benefits until the individual has resolved all outstanding issues with Child Support Enforcement. You will receive an alert in Vision when the issue has been resolved. For further information on this alert, see the February 2007 Vision Maintenance Rollout.
If completed form(s) are returned at the time of the TANF face-to-face interview, and there are no outstanding issues with Child Support Enforcement, the case will pass Up-front Child Support eligibility requirements. Completed form(s) are to be sent to Regional Child Support Enforcement office for processing. Forms are to be mailed within one day of being determined complete.
If completed form(s) are not returned at the time of the face-to-face interview, the eligibility worker must assist the individual in completing the form. If an individual requests time to complete the form, the case may be pended up to ten days allowing the individual to complete and return the form. If the form is not completed at the time of the interview or by a future date established by the eligibility worker, the case will fail Up-Front Child Support Eligibility requirements.
The definition of a completed Child Support information form is a form the eligibility worker has determined the applicant has filled out to the best of his or her ability and it is clear to the eligibility worker a genuine attempt was made to answer all questions. Stating “Unknown” only on the form is not considered a completed form. Prudent person concept applies.
When both parents are in the home and deprivation is based on incapacity, disability, or aged, Up-front Eligibility does not apply.
The processing standards for a TANF application for benefits are 30-days (see section 400-17-25-45). In some situations, the 30-day time period may be extended because of extenuating circumstances.
If a determination of good cause for non-cooperation with Child Support Enforcement (see Good Cause for Refusing to Cooperate 400-17-20-25) is pending or has been granted, the Up-front Eligibility requirement does not apply. Request family complete forms but cannot deny if forms are not completed and returned. Send completed forms to Regional Child Support office.
TANF applications that are denied for reasons other than Up-front Eligibility and the family are or will be on Medicaid, forward Child Support Information and Acknowledgment Of Nonrepresentation form to the Regional Child Support office.
JOBS/Tribal New Up-front Eligibility
For JOBS or Tribal NEW, an applicant will be required to contact the JOBS or Tribal NEW program within seven days from the print date of the referral, if otherwise eligible, and schedule an appointment to begin involvement in that program (See the JOBS manual for further information).
