A.LEGAL BASIS: Federal legislation, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193 enacted August 22, 1996 provides states with an opportunity to administer a financial aid and job preparation program. As a condition of receipt of a Part-A, Block Grant for Temporary Assistance for Needy Families (TANF) under Title IV of the Social Security Act, Maine agrees to administer a welfare program in accordance with the rules of PRWORA, provisions of its State Plan, and all applicable State laws and regulations.
B.GENERAL RULE: TANF provides temporary financial assistance to families with needy dependent children while the family works towards becoming self-supporting.
C.PROGRAM REQUIREMENTS: Basic eligibility criteria and program requirements are contained in chapters I through IV and are arranged by subject. Chapter order follows the eligibility determination process generally used for new applicants.
(1)Confidentiality:The Department of Health and Human Services must by Federal and State rules provide for the basic rights and dignity of all applicants or recipients of financial services regarding their confidentiality. The Department must ensure that information about the recipient is maintained in a confidential manner and only released under certain circumstances.
NOTE: All employees of the Department must adhere to this policy.
a) Address Confidentiality Program The Address Confidentiality Program, administered by the Secretary of State, provides address confidentiality for victims of domestic violence, stalking or sexual assault and requires state and local agencies and the courts to accept a designated address as the program participants' address when creating a public record. When an applicant or recipient verifies that they are a certified participant in the Address Confidentiality Program, the designated address is the only address accepted and provided when staff is required to release information in each circumstance described in pages 1 through 3 of this chapter.b) Information requested from outside the Office for Family Independence shall be released by the following: i. Permission: Whenever possible, the individual shall be informed of any outside request for information. Permission for release of information shall either be provided by the inquiring source or requested from the recipient. In an emergency situation when a release cannot be obtained and releasing the information would be in the best interest of the client, they shall be notified promptly of the disclosure and the reason for it.
NOTE: The Department shall not release identifying information to absent parents without release from Specified Relatives.
ii. Subpoena: When the court subpoenas a record or an agency representative to testify concerning an applicant or recipient, the Department's representative shall bring to the court's attention the statutes and regulations regarding disclosure. The decision then rests with the presiding judge.
NOTE: The above conditions apply to requests from other government authorities, courts and law enforcement agencies unless the situation is described in iii(f).
iii. Program Administration: The release of information must be limited to programs which establish eligibility and provide services through agencies subject to comparable standards of confidentiality. The Department shall release information for the following -
a. Investigation and Recoveryb. Fair Hearing Preparation: The Department shall make all information pertaining to a decision on eligibility, including medical and social data available to the applicant or recipient or their authorized representative.c. General Assistance: The Department shall provide, to the municipality, financial information necessary to make a determination as to the need and amount of General Assistance. The Department shall not provide Medical reports without the individual's written permission.d. Law Enforcement: The Department shall provide the current address of a recipient to a Federal, State or local law enforcement officer upon request of the officer if the officer provides the agency with:1. The recipient's name and enough information to identify the individual, and2. Notification that the individual is fleeing to avoid prosecution or custody or confinement after conviction or that the individual has information that is necessary for the officer to conduct the official duties of the officer and the location or apprehension of the recipient is within such official duties.e. Other Social Service Agencies: The Department shall provide information upon receipt of written authorization from the individual. NOTE: This authorization is not required of Social Services within the Department; however, they are required to seek permission of the Worker to access the record and may not remove it without permission.
f. Suspected Child Abuse or Neglect: Information regarding suspected child abuse or neglect of any child on the assistance grant must be reported to Department of Human Services Bureau of Child and Family Services. Also, information must be released to any local or state agency or official legally authorized to investigate child abuse and neglect under Maine law.g. United States Citizenship and Immigration Services (USCIS): The Department shall not provide information regarding counterfeit, altered or fraudulent documentation used to obtain benefits unless it has been requested by USCIS in writing for criminal investigation.D.APPLICATION PROCESSAll individuals have the right to file an application for TANF/PaS benefits. Completed referrals received from qualified public educational institutions are considered an application for PaS only.
(1)Minimum Requirements:a) The applicant or their authorized representative must:i. Complete and sign, under penalty of perjury, an application;ii. Complete an interview; andiii. Sign a Family Contract.b) All filing unit members who are mandatory ASPIRE-TANF participants must:i. Sign a Family Contract; andii. Complete an orientation meeting within 30 days of application. EXCEPTION: When circumstances beyond the control of a mandatory ASPIRE-TANF participant prevent them from completing an orientation meeting within 30 days, the Department shall grant the application, if otherwise eligible, and require the completion of the orientation meeting within the second 30 days following application, i.e., within 60 days of the original application. When good cause claimed is based on domestic violence an individual may not be required to participate in orientation until the good cause determination is made. See 10-144 C.M.R. 607 ASPIRE-TANF Rules.
(2)The Interview:a) Orientation to TANF programs begins with the initial interview. During the initial interview of the application process, the Department shall provide applicants with information about coverage, conditions of eligibility and rights and responsibilities including information, both orally and in writing, of the availability of services for victims of domestic violence.b) Responsibility of Office Staff: Office staff or their representative shall advise all TANF/PaS applicants and recipients of the availability of the ASPIRE-TANF program and other services, including the following:
i. Education, employment, and training opportunities available;ii. Support services available during participation, and available transitional services when TANF/PaS eligibility stops;iii. Assistance in establishing paternity and obtaining child support and reminding the applicant/recipient of their responsibility to cooperate unless good cause exists (Chapter II(G));iv. The grounds for exemptions from participation, the consequences for refusing or failing to participate, and Good Cause for non-participation. Voluntary participants, who are otherwise exempt (Chapter II(H)(2)), shall be informed that their failure to participate shall not result in sanctions;v. Information about the PaS Program;vi. Information about Earned Income Tax Credit; andvii. The criteria which must be met to remain eligible beyond 60 months.(3)The Family Contract:a) During the initial interview, a representative of the Department and the TANF/PaS family must enter into a contract by signing a form referred to as the Family Contract. The Family Contract states the responsibilities of the parties to the agreement including, but not limited to, cooperation in child support enforcement and determination of paternity; the requirements of ASPIRE-TANF Program participation; and referral to parenting activities and health care services. NOTE: Signing the Family Contract does not waive the person's right to appeal anything in the Family Contract with which they disagree.
The Family Contract must be signed by TANF/PaS specified relatives. The Family Contract must be amended to include individual employability plans as filing unit members enter the ASPIRE-TANF program and when participation review occurs. Written copies of the Family Contract and notice of the right to a fair hearing must be provided to the individual at the initial signing and whenever the Contract is amended.
i. Refusal to sign the Family Contract Amendment: The Department shall sanction any specified relative who refuses to sign the Family Contract amendment. The sanction shall follow the policy pertaining to non-compliance with the ASPIRE-TANF Program.
(4)Orientation:All filing unit members who are mandatory ASPIRE-TANF participants must complete a TANF orientation meeting to complete the application process unless good cause exists (See Good Cause below).
a) Good Cause: If an applicant or mandatory ASPIRE-TANF participant indicates that there is a reason not to complete the Orientation meeting, the Department must determine whether they qualify for "good cause". An individual may not be required to participate in any TANF activity including the orientation meeting until the good cause determination is made.
Good cause exists when the individual or the child is a victim of domestic violence, (which includes physical injuries or the psychological effects of abuse), and participation in ASPIRE-TANF could result in physical or emotional harm to the child or other family member. Domestic violence victims may volunteer to participate in an orientation meeting.
The full definition of domestic violence for the determination of good cause is the inability to participate because of physical injuries or the psychological effects of activities related to abuse; because the abuser actively interferes with the individual's participation; because the location puts the individual at risk; or for other good cause related to domestic violence. For the purposes of this subsection, reasonable and verifiable evidence may include but is not limited to the following:
i. Court, medical, law enforcement, child protective, social services, psychological or other records that establish that the individual has been a victim of domestic violence; orii. Sworn statements from persons other than the individual with knowledge of the circumstances affecting the individual.iii. A sworn statement from the applicant may be provided attesting to the circumstances that make the individual unable to attend orientation; oriv. A department issued form may be completed and signed, attesting to the circumstances that make the individual unable to attend orientation. Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided self-attested statements or forms. NOTE: When a determination of good cause is made, the ASPIRE-TANF program may contact the individual and offer domestic violence victim services or other appropriate services including an orientation meeting on a voluntary basis.
(5)Verification and Documentation:The Department shall seek necessary clarification and verification, first, from the applicant. With the exception of public records, the Department may not gather verification without the applicant's knowledge and consent. The Department shall advise the applicant what questions remain unanswered, what needs to be provided, and verification due date. The due date must be at least 10 days from the date the notice is provided. The applicant must provide the requested materials by the later of the specified due date or 30 days from the date of application.
a) Situations requiring additional information include, but are not limited to: i. Discrepancy in income or resources;ii. Parent deceased, no Social Security income declared;iii. Unemployed, no unemployment insurance benefit declared;iv. Information incomplete;v. Community complaints; orvi. Evidence of potential resources.b) The applicant has the primary responsibility for providing verification to support statements made on the application. If the applicant cannot supply or has difficulties in obtaining the required verification, the Department must assist the applicant and explore good cause. i. Examples of acceptable verification include, but are not limited to:ii. Examples of good cause include, but are not limited to: a. An employee feels they would get fired if a collateral contact was made, or b. A foreign government refuses to verify an ex-employee's wages. The Department must document in all case files reasons to support such decisions.
c) Verification Other Than at Application:The Department shall use the same verification procedures that are used for initial application in subsequent eligibility and benefit level decisions.
(6)Applicant Notification:a) Notification of approval is in writing and contains the following:i. Dates of financial eligibility; NOTE: Applicants may be notified of their eligibility for other benefits separately
ii. Income used to determine eligibility and benefit level;iii. Regulation supporting approval; andiv. Explanation of applicant's right to a fair hearing.b) Notification of denial is in writing and contains the following:i. Statement of denial action;iii. Citation of policy supporting denial; andiv. Explanation of applicant's right to a fair hearing.(7)Time and Processing Standards:a) Benefits are calculated from the date of application or from the date of statutory eligibility, whichever occurs later. NOTE: The initial month's benefit is prorated according to the Table of Percentages in the Appendix.
b) The Department must make a decision within 30 days of application. This time standard shall not be used as a waiting period or as a basis for denial. The Department shall determine eligibility after both the initial interview and the orientation meeting are completed.
NOTE: The Department shall use the same procedure when mailing a decision notice or benefit to the designated address of a participant in the Address Confidentiality Program (ACP) (C(1)(a) above). The administrators of the Address Confidentiality Program then forwards the mail to the ACP participant. Therefore, the ACP participant may experience delays in receiving decisions and benefits.
c) When an applicant refuses to provide required information or verification, the Department shall: i. Make sure the applicant understands that benefits will be denied unless the information is provided;ii. Document the refusal; andiii. Deny the application.d) When an applicant fails to provide required information or fails to contact the Department by a specified date without good cause, the Department shall: i. Document the failure to contact or provide required information; andii. Deny the application after the specified date.e) When an applicant has good cause for failing to provide required information, the Department shall: i. Offer to provide assistance in obtaining the information;ii. Waive a requirement under extraordinary circumstances when the proof is unlikely ever to be available and obtaining it is outside the control of the client or Department;iii. Keep the application pending an additional 30 days while the client or Department continues their attempt to get the required proof;iv. Grant the application back to the original date of application when required proof is obtained within the second 30 day-period providing that the client is eligible to that date; orv. Deny the application when the required information is not provided within the second 30-day period.f) Good Cause Reasons Include: i. Natural disasters, such as fires or floods, having a direct impact on the applicant/recipient or an immediate family member;ii. Illness of such severity on the part of the applicant/recipient or an immediate family member that the applicant/recipient is unable to direct their personal affairs;iii. Refusal of an employer to provide earned income verification, or the unavailability of an employer to provide verification before the deadline;v. Refusal of a landlord to verify housing expense;vi. Death of the applicant/recipient or an immediate family member; orvii. Inability of a third party (such as Social Security Administration) to provide the necessary documentation within the designated time period.g) When good cause does not exist as defined above, the Department shall:i. Document the explanation given for the failure and why it does not establish good cause; andii. Deny the application.E.NON-PAYMENT SITUATIONSAlthough eligibility may exist there are some situations in which a TANF/PaS payment cannot be made.
(1)Concurrent Assistance:a)TANF/PaS: Individuals cannot be included as members in more than one filing unit in the same month; nor can there be more than one set of specified relatives in the same month. This also applies to individuals moving from one state to another. NOTE: In the event another state pays semi-monthly and the recipient received only half of the monthly benefit, that individual is eligible for a partial monthly benefit from Maine. If the client applies in the first half of the month, the Department shall prorate from the first day of the second half of the month. If the client applies during the second half of the month, the date of application is used for proration.
NOTE: Count the TANF/PaS payment received in the previous state. Do not count other income received in the previous state because it was considered in the calculation of that state's TANF/PaS payment.
b)SSI: See Filing Unit, Chapter II.c)Foster Care: See Filing Unit, Chapter II.d)Interstate Compact: See Relationship and Maintenance of a Home, Chapter II(2)Penalties for Convictions:TANF/PaS assistance must not be provided for any individual who is:
a) Convicted in Federal or State court of having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two or more states under funds provided through the TANF Block Grant, Medicaid, the Food Stamp Act of 1977, or the Supplemental Security Income (SSI) program. These individuals are ineligible to receive TANF/PaS benefits for a period of ten years from the date of conviction. NOTE: The prohibition from receipt of assistance does not apply to any months following the granting of a pardon of such a conviction by the President of the United States.
b) Fleeing to avoid prosecution, custody, or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees (referred to as a "high misdemeanor" in New Jersey); orc) Violating a condition of probation or parole imposed under Federal or State law.F.REDETERMINATION (REVIEW) PROCESSAll cases must have eligibility for continued assistance re-determined periodically.
Redetermination requires:
(1)The recipient and/or their representative must:a) Submit a signed review form, andc) As in the application process the recipient has the primary responsibility for providing verification to support statements made on the review form or during the face-to-face or telephone interview. The recipient and/or representative is allowed the entire month of review to complete the process.
(2)The Department must:a) Notify the recipient and/or their representative of the results of the review using timely and adequate notice procedures.b) If the recipient cannot supply or has difficulty in obtaining the required verification, Department staff shall assist them. NOTE: At least once a year, the Department shall inform recipients of the criteria that must be met to remain eligible beyond 60 months.
(3)Redeterminations must take place at least every 12 months.G.QUALITY CONTROL REVIEWTANF/PaS households who refuse to cooperate in any quality control review are not eligible for benefits until they comply.
H.CHANGE PROCESSAll individuals are required to report changes which affect eligibility. The Department is required to act on reported changes timely.
(1)Timely Reporting:a) Families must report within 5 days of the date it becomes clear that a child will be out of the home for 45 days or more.b) All other changes in circumstances such as income, assets, household composition, marital status and residence must be reported within ten days of occurrence. For income purposes "occurrence" is the date the change in income is received. NOTE: When changes are reported timely, the month in which the change occurred shall be considered a correct payment month even when ineligibility begins in that month.
c) Earned income disregards are not allowed in determining overpayments when an individual failed, without good cause, to report timely. Good cause reasons include:ii. Illness of the employed individual, andiii. Other unanticipated emergencies.(2)Treatment of Changes:a) A change resulting in an increase in benefits affects the next payment. If the increase cannot affect the next payment the Department shall authorize a corrective payment. NOTE: With the exception of adding individuals, families that report any changes resulting in grant increases shall not receive a corrective payment for the month of report. The corrective payment is prorated from the date that the individual entered the household or met eligibility requirements or complied with ASPIRE or DSER requirements.
b) A change resulting in a decrease in benefits shall affect the next payment depending on timely notice requirements.I.TIMELY/ADEQUATE NOTICESThe Department must provide the recipient with timely and adequate notice when the action is to discontinue or reduce the payment. The Department must provide the recipient with adequate notice when the action is to increase or continue the payment at the same level.
(1) Timely notice must be mailed 12 days before the change is effective (10 days for notice - 2 days for mailing). a) The Department shall use the same procedure when mailing a decision notice or benefit to the designated address of a participant in the Address Confidentiality Program (ACP). The administrators of the Address Confidentiality Program then forward the mail to the ACP participant. Therefore, the ACP participant may experience delays in receiving decision notices and benefits.b) Timely notice is not required in the following instances:i. The recipient or the payee dies;ii. The recipient requests in writing that the case be closed;iii. The recipient has been committed to a public non-medical institution;iv. The recipient has been placed in skilled nursing care, intermediate care or long-term hospitalization;v. The recipient's whereabouts are unknown and departmental mail has been returned; or vi. A child is removed from the home as a result of a judicial determination.(2) Adequate notice includes a statement of- a) The action the Department intends to take;b) The reason for the action;c) The policy citation supporting the action; andd) An explanation of the right to request a hearing and, if it is requested within 12 days from the date of the notice, the benefit can continue at the previous level until a decision is made after a hearing. If the Agency is upheld, the continued benefit must be repaid.J.60 MONTH BENEFIT LIMITA family may not receive TANF/PaS assistance for longer than 60 months in a lifetime except in those cases in which the department has determined that the family qualifies for an exemption, or a hardship extension, or an earnings disregard extension.
Maine law provides that all recipients of TANF cash assistance shall be subject to a lifetime limit of 60 months, whether or not consecutive.
The count for the lifetime limit on assistance begins with June 1, 1997. June is counted as month 1 of the 60 months allowed if, at the beginning of that month, state- or federally- funded cash assistance was received for either parent. The lifetime limit includes any month the family received cash assistance in any other state or territory of the United States.
(1)Exemptions from the Time Limit:The time limit shall not apply in the instances of:
a) A minor child(ren) living with a single parent who receives SSI benefits, or with two parents who both receive SSI benefits;b) A minor child(ren) living with a legally responsible non-parent specified relative who is not in the assistance unit;c) An adult living in Indian Territory or Trust lands (as defined by 30 M.R.S. §§ 6203 (2- A - 6, 8 and 9) and 7202(2)) where at least 50 percent of the adults were not employed. The Department uses the most current biennial Indian Service Population and Labor force Estimates Report published by the Bureau of Indian Affairs (BIA), or any successor report, as default data source to determine if the not-employed rates for areas of Indian country are at least 50 percent. A tribe may provide alternative data based on similar periods to the above referenced report, to demonstrate that the not- employed rate is at least 50 percent;d) Any month of receipt in which an individual is a pregnant or minor parent who is not the head of household;e) Any month for which the family received only non-cash assistance such as: ii. Emergency Assistance,iii. ASPIRE-TANF Support Services,iv. Whole Family Services,v. Food assistance including Transitional Food Assistance and any TANF work supplement programs,vi. Transitional Services including child care and transportation, orvii. HOPE, 10-144 C.M.R. 330.(2)Benefits Which Count Toward the Limit:Receipt by a family of TANF/PaS cash assistance from Maine or from any state or territory of the U.S., regardless of the source of funding of the payment, counts as one month toward the 60-month limit when an adult or minor parent head of household is included in the family.
EXCEPTION: When a TANF/PaS overpayment has been established for a month, and that month is repaid in full, that month does not count toward the 60-month limit.
(3)Provisions for Extensions to the Time Limit:a) A family may receive benefits for more than 60 months if they qualify for an extension. If granted an extension, eligible families are issued monthly benefits according to TANF/PaS cash assistance benefit standards. In addition, these families are- i. Subject to all TANF/PaS cash assistance eligibility requirements,ii. Required to participate in Family Contract Amendment activities from the date of application, andiii. Subject to all TANF/PaS reporting requirements.b) Any non-exempt family who has received TANF/PaS for 60+ months must meet one of the criteria for one of the hardship extensions and must- i. Sign and be in cooperation with their Family Contract Amendment unless good cause exists,ii. Continue to meet all other TANF/PaS eligibility requirements, andiii. Continue to meet the criteria on which the extension was based each month of the extension period. Failure to meet these requirements shall result in the withdrawal of the extension.
c) All extensions are temporary. An extension may be approved for up to six months.d) Families who receive an extension have the option to request early termination of benefits and may be eligible for Transitional Services if otherwise eligible.e) Non-compliance with required activities during an extension period shall result in case closure.f) Verification: i. The adult recipient or the minor parent head of household has the primary responsibility for providing verification to support the extension.ii. If that recipient cannot supply, or has difficulties in obtaining, the required verification, the Department shall assist them.g) Extension types: i.Earnings Disregard Extension: The Department shall grant an extension for a household for each month in which a family is eligible to receive TANF/PaS and to receive a Step disregard of either 100% or 75% (See Chapter IV). This extension type is only available for families that have reach reached 60 months on or after October 1, 2019.ii.Hardship Extension:a. The Department may extend TANF/PaS cash assistance benefits beyond the 60-month limit when a family is experiencing a hardship outside of their control as defined below. Additional incremental extensions may be granted for up to six months each unless specified below. Even if the situation of another adult, or minor parent head of household in the same assistance unit, was the basis for approval of an extension, any other adult or emancipated minor who received the benefit of the extension is considered to have received the extension.
1.Domestic Violence- An adult, or minor parent head of household, recipient who is a victim of domestic violence may be eligible for an extension of up to six months. Additional incremental extensions of up to six months each may be granted.(a) For extension purposes, domestic violence situations are defined as follows: The adult, or minor parent head of household, recipient who is currently involved in or living with the effects of a sexual assault or domestic violence situation, which includes one or more of the following:
(i) Physical acts/threats of physical injury,(ii) Sexual abuse or assault of a child or caretaker of a child, or(iii) Psychological effects of the abuse or assault.(b) The adult, or minor parent head of household, recipient must provide reasonable and verifiable written evidence of the abuse including but not limited to: (i) Court, medical, law enforcement, child protective, social services, psychological or other records that establish that the recipient has been a victim of domestic violence;(ii) Sworn statements from persons other than the individual recipient with knowledge of the circumstances affecting the recipient;(iii) A sworn statement from the applicant or recipient may be provided attesting to the circumstances that provide the basis for the Domestic Violence extension; or(iv) A department issued form may be completed and signed by the applicant or recipient, attesting to the circumstances that provide the basis for the Domestic Violence extension.(v) Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided statements or forms.(c) When the Department grants an extension due to domestic violence it shall provide information about the services offered by domestic violence resource centers and referral contact information to the recipient. The Department shall work with the recipient to create an employment plan that includes steps to prepare for employment and economic independence as well as steps to reduce the threat of violence and increase family security. When a recipient has elected to participate in services in a domestic violence resource center, and with the recipient's written consent, the Department may request the involvement of the resource center in the development of the employment plan. Subsequent incremental extensions of up to six months each may be granted.2.Disability-The adult, or minor parent head of household, recipient who is disabled may be eligible for an extension of up to six months. Additional incremental extensions of up to six months each may be granted.(a) The adult(s) or minor parent heads of household recipient claiming disability must- (i) Have a significant physical or mental impairment documented by a medical professional on a current medical form provided by the Department or a signed statement from a medical professional (see note below regarding minimum requirements) that supports the recipient's statement of an inability to engage in any substantial gainful activity as defined by the Social Security Administration which has lasted or is expected to last of a continuous period of at least 12 months; or(ii) If the impairment is believed to be temporary (less than 12 months), the applicant must provide medical information that includes the length of time the applicant cannot be involved in work activities. Temporary disability is intended to cover those incapacities such as a broken limb, recovery from surgery and other short-term disabilities. NOTE: Statements from medical professionals must be signed, dated and provided on company or provider letterhead. The letter must at a minimum contain the adult's name, date of birth, diagnoses, information regarding any work or functional limitation(s), date of last exam, date for when the limitations began and estimated amount of time the limitation(s) are expected to last.
(b) The request for subsequent incremental extensions must include-(i) An updated medical form or signed statement from a medical professional (see note above regarding minimum requirements) documenting a significant physical or mental impairment and inability to engage in substantial gainful activity. Verification must be provided annually or upon expiration of the most recent medical statement, whichever is sooner,(ii) Documentation of the active status or documentation of the appeal of a denial of a SSI/SSDI application;(iii) If the impairment is believed to be temporary (less than 12 months from the original medical statement), medical information including the length of time the applicant cannot be involved in work activities must be provided. Temporary disability is intended to cover those incapacities such as a broken limb, recovery from surgery and other short-term disabilities; and(iv) If applicable, documentation of ongoing compliance in the disabled recipient's rehabilitation employment plan as reported by the Office of Rehabilitation Services, or documentation that the disabled recipient was found eligible for vocational rehabilitation services but was placed on a wait list.3.Caring for a Significantly Disabled Family Member- The adult, or minor parent head of household recipient, who is needed to care for a significantly disabled family member and is unable to engage in substantial gainful activity may be eligible for an extension of up to six months. Additional incremental extensions of up to six months each may be granted. For extension purposes all of the following conditions must be met:(a) The adult, or minor parent head of household, recipient is needed to care for a family member who resides in the home and would be included on the TANF/PaS grant if otherwise eligible;(b) The person needing care has a temporary or permanent mental or physical illness or incapacity;(c) The recipient must provide documentation from a qualified medical professional that verifies the person who needs the care is physically or mentally disabled, as determined by medical evidence, and the person who needs the care requires assistance with daily living activities such as eating, personal care, mobility and/or medical attention; or The person who needs care requires supervision to address mental health issues that may result in harm to the person needing care or to others; and(d) An employment plan must include a requirement that the recipient needed to care for the disabled family member develop a plan for care for the disabled family member to enable a return to employment for the caregiver or the other plan for support in anticipation of the end of cash assistance.4.Participation in a Training or Education Program- An adult, or minor parent head of household, recipient who, is participating in good standing in an approved education program such as vocational education training as defined in 10-144 C.M.R. Ch. 607, ASPIRE-TANF Program Rules, Section (3)(IV)(A)(3)(a) may be eligible for an extension of up to six months. Additional incremental extensions of up to six months each may be granted.5.Working Families - The adult, or minor parent head of household, recipient may be eligible for an extension of up to six months when that recipient is working at paid employment but is not earning enough to close TANF/PaS.(a) The adult, or minor parent head of household, who is the single custodial parent or specified relative of a child under age 6 must be working at paid employment at least 20 hours per week.(b) The adult, or minor parent head of household, who is the single custodial parent or specified relative of a child age 6 and older must be working at paid employment at least 30 hours per week.(c) Two parent families must be working at paid employment for a combined total of at least 35 hours per week if they do not receive federally funded childcare, or 55 hours per week if they do receive federally funded childcare.(d) Additional incremental extensions of up to six months each may be granted provided the recipient remains working at least 35 hours per week.(e) Working families may be eligible for Transitional Services upon case closure following the extended benefits period if otherwise eligible. NOTE: Self-Employed recipients must demonstrate that they are working the minimum hours required per week based on their household and must be earning at least the State equivalent to the minimum wage per hour to be eligible for an extension.
6.Pregnancy - The adult or minor parent head of household recipient may be eligible for one extension of up to six months when they are the only adult living in the household, and are in their last trimester of pregnancy. This extension is limited to one occurrence in the adult's lifetime.7.Loss of Job - The adult, or minor parent head of household, recipient who is terminated from TANF/PaS as a result of the time limit or end of an extension and subsequently becomes unemployed, may be eligible for an extension of up to six months when- (a) The recipient has been employed for at least 12 months following TANF/PaS closure;(b) The job loss was through no fault of the recipient; and(c) The recipient has applied for unemployment benefits.. The extension lasts for up to six months. Additional incremental extensions of up to six months each may be granted.
8.Occurrence of an Emergency Situation - A family may be eligible for an extension of up to six months when the family has experienced an emergency situation, which is beyond the control of the family and prohibits them from engaging in employment. Examples of an emergency situation include but are not limited to the following:(a) Death of child, spouse, or parent;or(b) Homelessness or have an active eviction not caused by misuse of property by the tenant, tenant's family or invitee of the tenant, including: criminal activity, substantial damage caused to the premises, or nuisance within the premises; or(c) Inadequate or unavailable childcare or transportation required to engage in substantial gainful activities; or(d) Being a victim of violent crime; or(e) Are experiencing a delay caused solely by a third-party in obtaining non-financial verifications required to make a hardship extension eligibility determination beyond the verification due date (see Ch. I(D) (5), when the applicant, or recipient, initiated attainment of the required documentation prior to the verification due date. Additional incremental extensions of up to six months each may be granted.
h)Pre-Termination Notice and Conference:i. The family has the right to request a conference prior to termination of TANF/PaS benefits to- a. Contest the Department's calculation of the termination date, and/orb. Seek to establish the family's eligibility for a hardship extension. At the conference, the family has a right to present information and argument, to bring witnesses to testify on the family's behalf, and to be represented by legal counsel. The pre-termination conference shall be conducted by an ASPIRE worker trained in the procedures set forth in this chapter, who shall determine, based upon the family's case record and any evidence presented at the conference, the correct termination date for the family's TANF/PaS benefits and/or whether a hardship extension should be granted.
ii. No later than 120 days prior to the end of a family's 60th month of receiving TANF/PaS, the Department shall send written notice to the family of the opportunity to request a pre-termination conference. The notice must clearly explain- a. The purpose of the pre-termination conference;b. That a pre-termination conference may be requested orally or in writing;c. The name, address, and telephone number of the individual or office the family must contact to request a pre-termination conference;d. That the pre-termination conference may be conducted by phone or in person; ande. The time frame in which the family must request a pre-termination conference to ensure continuation of benefits pending the conference.iii. If a pre-termination conference is requested within 10 days of the date of the written notice, the family's benefits continue until the conference has been held and a determination made, or until the scheduled termination date, whichever occurs later.iv. If a pre-termination conference is requested more than 10 days after the date of the written notice, the family's benefits shall be terminated at the end of the 60th month unless the Department determines that the family qualifies for a hardship extension.v. When a pre-termination conference is requested by phone, the family may choose to hold the conference at that time or to schedule a date in the future, in which case the ASPIRE worker shall send a letter indicating the date and time of the pre- termination conference.vi. Whether the pre-termination conference is requested by phone or in writing, the worker shall explain, either verbally or in the scheduling letter, the following to the requesting family:a. The family's right to present evidence and argument at the pre-termination conference, and to bring witnesses to provide information on the family's behalf;b. The family's right to be represented by legal counsel at the pre-termination conference; andc. That the family may request to have the pre-termination conference rescheduled or continued for good cause. This request must be made before the scheduled conference.vii. Following the pre-termination conference, the ASPIRE worker shall issue a letter to the family explaining the Department's determination and advising them of the right to appeal.viii. If the family fails to request or complete the pre-termination conference, the Department shall determine whether the family is eligible for a hardship extension based on the information in the family's case record.i)Hardship Extension Decisions:i. All hardship extension decisions and case closures based on the 60-month time limit are made by an ASPIRE worker pursuant to the process detailed above, and must be approved by a Supervisor.ii. Extension months may be retroactive to the month following TANF/PaS closure, provided the family is eligible and has not already received TANF/PaS benefits in that month. Monthly benefits are issued to eligible households according to TANF/PaS cash assistance benefit standards.iii. Hardship extensions shall not be granted when-a. The adult recipient has rejected offers of employment or quit a job without good cause consistent with the good cause provisions (10-144 C.M.R. Ch. 607, ASPIRE-TANF Program Rules, Section 4(III)(C)) within the last year;b. The adult recipient has failed to cooperate with ASPIRE, Division of Support Enforcement and Recovery ("DSER"), or Quality Control ("QC") within 12- months of the end of the 60th month, resulting in two or more sanctions; and/orc. The adult recipient has an Intentional Program Violation ("IPV") from the Department of Health and Human Services established in the 36 months prior to the request for extension.iv.Extension Approvals:When granting an extension, the Department shall also determine the length of the extension and specify when the extension begins and ends. The extension must be a minimum of one month to a maximum of six months. Once an extension is granted, the adult, or minor parent head of household, recipient(s) must meet the criteria on which the extension was based each month of the extension period.
a. All hardship extensions granted require the adult, or minor parent head of household, recipient(s) to sign a Family Contract Amendment, containing steps to be taken, as appropriate, to remove/improve the condition that warranted the hardship extension.b. The adult, or minor parent head of household, recipient(s) must be actively engaged in an approved activity or process designed to further the family's goal of self-sufficiency.c. Formal re-evaluations of hardship extensions must be scheduled.d. Families that qualify for cash assistance extended benefits must be evaluated any time a change in circumstances occurs which affects the extension. Such changes might include earnings or family composition. NOTE: Earnings of any recipient or minor parent head of household approved for an extension due to a total inability to work shall cause case closure due to failure to meet extension criteria, regardless of the amount of the earnings.
If, during the extension period, the adult recipient or minor parent head of household fails, without good cause, to follow through on requirements established for receipt of the additional months of TANF/PaS, the Department shall withdraw the extension and terminate TANF/PaS benefits. See "End of a Hardship Extension," below.
v.End of a Hardship Extension:a. All hardship extensions are temporary and may be approved for up to six months. During the hardship extension period the ASPIRE worker shall monitor the case for compliance. The TANF/PaS benefit continues until the extension ends or the family is no longer eligible for TANF/PaS for other reasons.b. The Department shall provide the family with notice, which shall be consistent with the notice described under Pre-Termination Notice and Conference (see Ch. I, J(3)(h)), at least ten days before the end of the hardship extension. That notice must include an explanation of the right to request a hearing.c.A hardship extension ends when-1. The extension period has expired: If, at the time of expiration, the adult, or minor parent head of household, recipient has not resolved the situation that led to the extension, the adult recipient may request a subsequent extension. The adult recipient must present documentation that verifies the need for the extension. The Department shall make a decision whether to grant a subsequent extension prior to the TANF/PaS closure;2. The situation causing the need for a hardship extension has been resolved and the reason for the extension no longer exists. The adult, or minor parent head of household, recipient may request an extension based on other criteria, if it exists, at that time. The Department shall make a decision whether to grant a subsequent extension prior to the TANF/PaS closure; or3. The adult recipient or minor parent head of household, without good cause, fails to cooperate with their Family Contract Amendment, DSER or QC, during the temporary hardship extension period.d. Pre-Termination Conference at the End of a Hardship Extension: A recipient whose hardship extension is ending may request a pre-termination conference to contest the Department's calculation of the end of the extension or to seek to establish the family's eligibility for a continued extension. This conference shall be consistent with the process described under Pre- Termination Notice and Conference (see Ch. I, J(3)(h)), with the exception of the timeframe. If a pre-termination conference is requested within ten days of the date of the written notice of the end of a temporary hardship extension, the family's benefits continue until the conference has been held and a determination made, or until the scheduled termination date, whichever occurs later.
vi.Good Cause:Good cause for non-compliance with an activity in the Family Contract during a hardship extension is allowed consistent with the good cause provisions of ASPIRE-TANF explained in Chapter II(H)(4).
If good cause is found, the individual is allowed to continue receiving benefits and must demonstrate compliance with the Family Contract Amendment.
vii.Right to Appeal:Any adult, or minor parent head of household, recipient whose request for a hardship extension has been denied for any reason may request an Administrative Hearing. Benefits, however, may not be extended beyond the 60th month or be reopened following a 60-month closure while a hearing or a decision by the Hearings Officer is pending. All other rules regarding the Administrative Hearing procedures outlined in Chapter VI apply.
When the Hearing Officer decides that the Department was not correct in its action, the Department shall make a corrective payment, based on all eligibility factors, for the period specified in the hearing decision.
C.M.R. 10, 144, ch. 331, I