(Revised 3/1/07 ML 3064)
(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
The eligible adult caretaker in the household is age sixty-five or older.
Such an individual will be automatically exempt from the lifetime limit through the Vision system and will not be required to request an exemption from the county social service agency.
The eligible adult caretaker is considered disabled by the Social Security Administration.
Such an individual will be automatically exempt from the lifetime limit through the Vision system and will not be required to request an exemption.
Individuals in receipt of presumptive SSI or individuals considered disabled by Social Security Administration but not in receipt of a payment (1619B) will be considered exempt from the lifetime limit as a disabled individual.
Ongoing re-determination review coinciding with the Social Security Administration’s reviews of the individual’s disability status are required.
If the Social Security Administration determines that the individual is no longer disabled, the exemption ends.
The eligible caretaker is residing in Rolette or Sioux County, and living on Indian land where the unemployment rate is greater than 50%, after having received 60 months of cash assistance. The household will continue to be eligible for cash assistance if all other factors of eligibility are met and as long as the household resides on Indian land. In order to make the case pass in Vision in these cases, select the 'Non count Reservation Month' indicator on the Lifetime Limit window. This is a Help Desk function only.
If the family has received 60 months of TANF and does not reside on Indian land, pursue an exemption from the lifetime limit based exemption criteria at 400-17-45-15-25.
Individual’s who must Request an Exemption
An eligible adult caretaker is determined to be incapacitated in accordance with NDAC § 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.
An eligible adult caretaker whose spouse or dependent child is determined to be incapacitated and in need of full-time care.
An eligible adult caretaker who is a victim of domestic violence and unable to be regularly employed or to participate fully in approved work activities due to the physical, emotional, or psychological effects of domestic violence.
Examples of domestic violence may include, but are not limited to:
Physical, emotional, or psychological harm;
Bodily injury; and
Sexual activity compelled by physical force, assault, or the inflection of fear of imminent physical harm, bodily injury.