The Federal government sets TANF requirements. These persons may qualify for TANF:
dependent children. 55 Pa. Code § 141.41(a)
specified relatives of the child or children. 55 Pa. Code § 151.41
pregnant women. 55 Pa. Code § 151.43(f)
mandatory budget group members. 55 Pa. Code § 171.21(a)(1)(i)
NOTE: All references to TANF in this section also apply to Extended TANF unless noted otherwise. 55 Pa. Code § 141.51(b)
105.21 TANF Dependent Children
There must be a TANF dependent child in the home for the family to receive TANF. A person may receive TANF if he or she qualifies as an eligible adult or specified relative to a child who would be eligible for TANF but receives SSI.
NOTE: If a child who qualifies as a TANF dependent child receives SSI, he or she is not included in the budget group.
Example: Ms. B applies for assistance. Her 5 year old son receives SSI. She is divorced from his father. Ms. B's son is eligible for TANF but receives SSI instead. Ms. B must receive TANF code ES. 55 Pa. Code § 141.1(b)(4)
If the only dependent child in the budget group is not eligible because of a RESET sanction, the specified relative(s) may receive TANF if they are otherwise eligible. 55 Pa. Code § 165.61(e)
Exception: A pregnant woman with no children (or no children receiving TANF) and who is exempt from the minor parent requirements may receive TANF for herself only if the unborn would be deprived of parental support or care when born. She must prove the pregnancy and due date. When born, the child must be eligible based on income and resources. Use category C for pregnant women with no other dependent children. 55 Pa. Code § 151.43(f)
NOTE: Special requirements apply to an unmarried pregnant woman under age 18. See Chapter 110, Budget Groups, and Section 110.6, TANF Minor Parents.
To decide if the family qualifies in the TANF category, the CAO will first find if there is a child in the home who qualifies for TANF. The CAO will:
1. Determine if the child is under age 18, or is age 18 and a full-time student in secondary school or the equivalent level of vocational or technical training.
55 Pa. Code § 145.43
2. Verify the child’s age. See Chapter 121, Age for a list of acceptable proof. 55 Pa. Code § 145.44(a)(1)
3. Verify school attendance if the child is age 18. See Chapter 121, Age for a list of acceptable proof. 55 Pa. Code § 145.44(b)(2)
4. Determine if the child lives with someone who meets all specified relative requirements.
55 Pa. Code § 151.41, 55 Pa. Code § 151.42 & 55 Pa. Code § 151.43
NOTE: To qualify as a specified relative, a person must be related to the TANF child as explained in Section 127.21. The person does not have to prove this relationship. The person’s statement that he or she is related to the TANF child is enough, unless the CAO has information to the contrary.
5. Determine if the child is deprived based on absence, death, incapacity or unemployment. See Chapter 129, Deprivation. 55 Pa. Code § 151.43
6. Verify the deprivation requirement. See Chapter 129, Deprivation for a list of acceptable proof. 55 Pa. Code § 151.44
If the client meets all criteria listed above and the budget group meets all financial requirements, authorize TANF for the budget group. Use these codes:
Category code C when there is deprivation due to death, absence or incapacity (that precludes participation in work or work-related activities);
Category code U for deprivation due to unemployment;
Eligibility Status code EC for a TANF dependent child.
Examples:
Mr. and Mrs. J, who are married, receive TANF for themselves and their two minor children. Mr. J is not working and does not have an incapacity. Mrs. J has a Medical Assessment Form, PA 635, verifying she cannot work because of high blood pressure. The TANF category for this family is C because her incapacity precludes employment.
Jen H. and Ray B. receive TANF for themselves and their three minor sons. Ray, who does not have an incapacity, works 20 hours a week at minimum wage. Jen, who has high blood pressure, is unemployed. She provides a Medical Assessment Form, PA 635, verifying she can work despite her incapacity. The TANF category for this family is U because the children are deprived based on unemployment. Jen’s incapacity does not preclude employment.
NOTE: If a budget group has two or more TANF dependent children who qualify for different deprivation reasons (such as some members qualifying for TANF-C while others qualify only for TANF-U), use category U rather than C.
Mr. W and Ms. D apply for cash assistance for themselves, her minor daughter and their common child. Paternity is established for the common child. Both Mr. W and Ms. D are able to work. There is no income in the household. Ms. D’s daughter is deprived based on absence, but the couple’s common child is deprived based on unemployment. If the family is otherwise eligible for TANF, use the U category.
Mr. and Mrs. H, their daughter and Mrs. H’s son from a previous marriage live in the household. They ask for cash benefits for all family members. Mr. H is unemployed. Mrs. H’s son qualifies as a TANF dependent child based on the absence of his father. Their daughter is included in the budget group because she is a half sibling and meets TANF dependent child conditions based on unemployment. The category of the entire budget group is TANF-U.
If the child meets the TANF conditions, a specified relative may also receive TANF. A specified relative must be an adult relative who lives with the child and exercises care and control of the child. Code specified relatives ES or NS. See Chapter 127, Specified Relatives. 55 Pa. Code § 151.41
Biological or adoptive parents and dependent full or half siblings of a TANF child must be included in the budget group. Code EA or EP a parent (including a minor parent) who is required to be in the budget group, but: 55 Pa Code. § 171.21(a)(1)(i)(B)
is not the specified relative (ES) or (NS).
is not required to be in the budget group as a sibling (EC) of a TANF child.
See Chapter 110, Budget Groups.
Exception: A child receiving Federal IV-E or State or local foster care assistance or adoption assistance is not included as a TANF budget group member unless the child receives federal, state or local adoption assistance, and including him or her in the budget group would increase the budget group’s benefits. If including the adopted child would increase benefits, the CAO must include the child in the budget group. See Chapter 110, Budget Groups.
An adult head-of-household or spouse of head-of-household can only receive TANF assistance for 60 months (five years) in their lifetime. There is no time limit for Extended TANF. 55 Pa. Code § 141.41(d) & 55 Pa. Code § 141.51(b)
TANF assistance counts toward the lifetime limit if the person who receives it is:
an adult head-of-household or spouse of head-of-household.
a minor child head of household.
a minor child married to the head of household.
Example: Lucy, age 20, and her child moved from New York to Pennnsylvania. While in New York Lucy received TANF as an Eligible Essential EE TANF household member. Her grandmother was the specified relative. Lucy applies for TANF benefits in Pennsylvania for herself and her child. The TANF day count begins the first day Lucy qualifies for TANF in Pennsylvania, because Lucy is now the head of household. The days Lucy received TANF in New York do not count toward her TANF lifetime limit because her grandmother was the head of household there and exercised care and control over Lucy.
Periods of receipt count toward the 60-month limit even if they are not consecutive.
A family may not receive TANF assistance if the family includes an adult head of household or spouse of head of household who has received the lifetime limit of 60 months.
A family is defined as a minor child and his parent(s) or specified relative with whom he lives. A parent or specified relative who lives with the minor child is considered a member of the child’s family whether he is in the application for TANF or is applying only for the minor child.
NOTE: For the 60-month time limit, a family does not include a specified relative who is not included in the TANF mandatory filing unit and wants assistance only for the minor child. 55 Pa. Code § 141.41(d)(2)
NOTE: A parent who is not eligible for TANF because he has received 60 months of TANF assistance, and who lives in the home with his minor child, must be included in the TANF application for his minor child. See Chapter 110, Section 110.4, Mandatory TANF Budget Group Members.
Examples:
Ms. B receives TANF for herself and three children. She receives 1,830 days of assistance (60 months). Review the family for Extended TANF. See Section 176.32.
Ms. C applies for assistance for herself, her two nieces and her nephew. The children’s mother lives in the home. Ms. C and the children do not qualify for TANF because their mother lives in the home and has received her lifetime TANF benefit. As a parent, the mother is part of the mandatory budget group. She must be included as part of the family. Ms. C may apply for and receive Extended TANF for herself, her nieces, nephew and their mother if both the mother and Ms. C comply with Extended TANF eligibility requirements. See Section 135.82. If eligible, time in Extended TANF will count toward Ms. C’s 60-month TANF limit. 55 Pa. Code § 141.51
Mrs. V applies for cash assistance for her two nieces. Mrs. V has received 60 months of TANF. The nieces are eligible for TANF, with Mrs. V as an NS specified relative. Mrs. V does not have to be included in the family. She is not a biological parent of the TANF children and is applying only for them. Ms. V may receive Extended TANF for herself and two nieces if she agrees to comply with Extended TANF eligibility requirements.
These do not count as “assistance received” for a person’s 60 months of TANF eligibility: 55 Pa. Code § 141.41(d)(6)
A period of zero cash issuance.
Assistance that has been fully reimbursed.
Assistance repaid due to collection of an overpayment.
Benefits issued but not received by the person, and the benefits are not replaced.
A period when a recipient or budget group is under sanction and, as a result, receives no assistance.
An Emergency Shelter Allowance (ESA) payment.
A period of interim benefits received under 55 Pa. Code § 275.4(d) discussed in Supplemental Handbook Chapter 870.8, when a final decision has not been handed down by the Bureau of Hearings and Appeals within the time limit and the budget group’s appeal is eventually denied.
Benefits received under the Time-Out initiative. 55 Pa. Code § 281.1
A child-only budget group does not have the 60-month limit. In a child-only budget group, TANF assistance is authorized only for the child (or children) and the specified relative the child lives with is either: 55 Pa. Code § 141.41(d)(2)
Not the child’s parent, and so is not required to be part of the budget group (such as a grandparent who is not receiving assistance).
The child’s parent, but not part of the budget group because he or she receives SSI.
The child’s parent, but not a recipient because he or she is under a temporary or permanent sanction during the first 24 months of cash assistance.
The child’s parent, but not a recipient because he or she is not eligible to receive TANF (such as having been convicted of a misdemeanor or felony [not a summary offense] and has not satisfied the legal penalty).
NOTE: A child-only budget group cannot receive Extended TANF. Extended TANF must include an adult head-of-household who is a cash assistance recipient. 55 Pa. Code § 141.51(b)
A recipient who meets TANF requirements and who has received (but did not exhaust) TANF cash benefits in another state may receive TANF in Pennsylvania if otherwise eligible. The 60-month limit balance will be adjusted to reflect TANF cash benefits received in the other state on or after March 3, 1997. Verify TANF receipt days in another state using a PA 1714 form. See Chapter 178, Verification, Appendix A.
The CAO worker will record information about earlier TANF receipt in other states.
The CAO will consider Extended TANF for a family or a pregnant woman who would qualify for TANF except for the 60-month time limit. 55 Pa. Code § 141.51(b)
The family must include an adult head-of-household or spouse of head-of-household who has reached the 60-month time limit for TANF receipt.
55 Pa. Code § 141.51(b)
The adult head-of-household who has reached the 60-month time limit for TANF must cooperate in establishing if he or she qualifies for Extended TANF. Extended TANF requirements apply to this adult even in domestic violence cases where a family member is the victim. 55 Pa. Code § 141.55(a)
A family applying for or receiving Extended TANF benefits is not eligible for cash assistance if an adult does not cooperate with the Extended TANF program requirements. This includes failure to cooperate with MPP. See Section 135.8, Extended TANF.
Exception: If the family qualifies for or receives Extended TANF in the domestic violence track, the only person who is ineligible is the one who does not comply with program requirements, including those recorded on the Agreement of Mutual Responsibility (AMR). See Section 108.732.
A family does not qualify for Extended TANF if the adult is not eligible for Extended TANF cash assistance because of criminal history requirements or other program requirements such as failure to:
1. Sign required forms, including the AMR;
2. Apply for or provide social security numbers; or
3. Apply for federal benefits.
The family must meet TANF non-financial, income and resource requirements. 55 Pa. Code § 141.55(a)
A family that would qualify for TANF except for the time limits must comply with Extended TANF eligibility requirements.
NOTE: Time open in Extended TANF counts against a person’s 60-month TANF time limit if the person still has remaining TANF time and the person is required to be opened in a TANF case where the time would count against the TANF limit.
To receive Extended TANF without interruption in cash assistance benefits, the adult head-of-household or spouse must complete a partial renewal with a new or updated Agreement of Mutual Responsibility (AMR). See Section 176.32. 55 Pa. Code § 133.23(b)(1)(iii)
Each adult who qualifies for Extended TANF (whether mandatory, exempt, or granted good cause) must fulfill participation requirements listed on the AMR. Unless there is a completed AMR, the family cannot establish their eligibility for Extended TANF. 55 Pa. Code § 141.54(b) & 55 Pa. Code § 141.55(a)
The AMR must specify an eligibility track and the reason the adult head-of-household or spouse qualifies for that track. The AMR must give specific details about the adult’s circumstances. See Section 135.821.
If the adult’s or family’s circumstances change and the requirements or the current track no longer apply, the CAO worker will explore eligibility for Extended TANF in another track. There are no time limits for Extended TANF. 55 Pa. Code § 141.51(c) & 55 Pa. Code § 141.41(d)(5)
Reissued September 19, 2012; replacing January 31, 2012