C.M.R. 10, 144, ch. 331, V

Current through 2024-51, December 18, 2024

Chapter V - Transitional Benefits

A.TRANSITIONAL CHILD CARE (TCC)

(1)Transitional Child Care (TCC) provides child care benefits to eligible families who received TANF/PaS in any one of the three months immediately preceding the month of ineligibility.

a) TCC benefits are only available during the time the specified relative works and only for-

i. Children under the age of 13 needing care while their specified relative works at paid employment.

ii. Children aged 13 through 19 who are physically or developmentally incapable of caring for themselves. The physical or developmental impairment must be verified by a physician, certified nurse practitioner, or licensed psychologist;

iii. Children receiving SSI or IV-E Foster Care;

iv. Children who enter the household, and for whom the former TANF/PaS specified relative has legal responsibility, during the transitional period and otherwise meet all requirements.

b) In a two-parent household at least one parent must be working at paid employment in order to receive TCC benefits. If only one parent is employed, the other parent must be, either-

i. Enrolled in an education or training program as verified by a copy of the parent's class schedule or

ii. Unable to care for the children due to having a disabling condition as verified by medical evidence.

(2)Eligibility Criteria: The family must meet the following criteria:

a) TANF/PaS Closure: The TANF/PaS case must have closed because-

i. There was an increase in earned income, except in the following situations:

a. The case closed because of increased earnings of the excluded stepparent required to deem income to the assistance group (Ch. IV, C, Deemed Income); or

b. The specified relative with earned income was excluded from the TANF/PaS assistance group;

ii. There was an increase in child support;

iii. The family voluntarily closed the case; and/or

iv. The family reached the 60-month lifetime limit.

b) Income:

i. At TANF/PaS closure one or both parents must be working at paid employment; and

ii. The family's gross weekly income must be equal to or less than 250% of the Federal Poverty Level (FPL) for their family size. The income of all members of the filing unit is counted.

c) Non-Financial Requirements:

i. The family must reside in Maine.

ii. The child(ren) must be a U.S. Citizen or noncitizen potentially eligible for federally funded assistance as defined in Chapter II.

(3)Eligibility Process:

a) The Department shall open TCC, beginning the month following receipt of the last TANF/PaS benefit, for families who were receiving child care services through ASPIRE-TANF at the time of TANF/PaS closure and who meet the eligibility requirements for TCC, without additional request.

Families who were not receiving child care services through ASPIRE-TANF at the time of TANF/PaS closure may request TCC verbally or in writing. This request must be made within 12 months of TANF/PaS closure. TCC begins on the day of request if eligible. There is no retroactive TCC payment.

b) A child care disregard used in the calculation of the TANF/PaS benefit (Chapter IV § B(2)(b)) ends the month following the month of TANF/PaS receipt.

c) Parent Fee Requirement: The parent fee will be waived for any family with a gross weekly income equal to or less than 250% FPL.

(4)TCC Benefit Calculation:

a) TCC benefits are calculated prospectively for a seven-day period beginning on Sunday.

b) TCC benefits are based on the market rate cap and are derived from the 75^th percentile rate charged in the county where child care is provided. The Office of Child and Family Services determines the Market Rate (see Appendix, page 4).

c) TCC benefits are calculated in the following manner:

i. Calculate the gross weekly income: If the gross income is greater than 250% of the FPL, there is no TCC eligibility. When the gross income is less than or equal to 250% of the FPL, proceed to (ii), below;

ii. Calculate the Parent Fee: The parent fee will be waived for any family with gross weekly income equal to or less than 250% FPL.

iii. Calculate each child's TCC payment.

a. For each child, identify the Market Rate Cap based on the following:

1. Child's age group:

(a) Infant: birth through 12 months

(b) Toddler: 13 months through 36 months

(c) Preschool: 37 months through 60 months

(d) School Age: 61 months (or younger if attending kindergarten) through 19 years

2. Type of child care facility:

(a) Licensed child care center

(b) Licensed family child care

(c) Legal Unregulated child care

3. County where the child care is located

4. Number of hours of child care needed: The Department may only authorize child care for the number of hours the parent works each week. The number of work hours is used to determine the applicable Market Rate Cap percentage for payment as defined below:

Child Age Group	Full-time Fee 100% of Cap hour requirement	Three-quarter time Fee 75% of Cap hour requirement	Half-time Fee 50% of Cap hour requirement	One-quarter time Fee 25% of Cap hour requirement
Infant Toddler Preschool	30+ hours per week	20-29 hours per week	10-19 hours per week	Less than 10 hours per week
School Age	30+ hours per week	11-29 hours per week	6-10 hours per week	Less than 6 hours per week

(a) Night-Time Employment: Parents who are employed at night may be approved for a maximum of eight additional hours of child care for sleep time. Children shall not remain in care longer than 18 hours within a 24-hour period.

(b) Parents who are required to travel to the child care provider may be approved for additional hours to accommodate for the time spent driving to the child care provider on the most direct route to and from work.

b. Compare the provider's cost to the Market Rate Cap. The Department pays the actual cost charged by the provider or the Market Rate Cap, whichever is less. This figure is considered the cost of care.

Special Needs Child Care: The Department may pay child care rates in excess of the market rate cap for children requiring specialized care due to a physical or mental impairment. Verification of the impairment and the need for specialized care is required.

c. Subtract the parent fee from the cost of care the Department will pay, the difference is the TCC benefit.

(5)TCC Payment Issuance: The Department shall divert the TCC benefit to the child care provider unless the recipient requests otherwise.

(6)Reporting Responsibilities: TCC payments remain constant until a redetermination is completed, or until the recipient or child care provider reports a change that affects the amount of TCC benefits.

a) TCC recipients are required to report the following changes within ten days of occurrence:

i. Employment ceases,

ii. The second parent in the home no longer is a student, has a disability, or is employed,

iii. A child leaves the home,

iv. It becomes known to the family that the child will not receive services from the provider for a period of two or more days,

v. A change in child care providers takes place,

vi. A change occurs to the number of child care hours needed due to changes in employment or travel time, or

vii. A change in income causing the gross income to exceed 250% of the Federal Poverty Level.

Otherwise, recipients must report income changes at least annually through the eligibility redetermination process.

b) TCC providers are required to report the following changes within ten days of occurrence:

i. It becomes known to the provider that the child will not receive services from the provider for a period of two or more days,

ii. A change in child care providers takes place, or

iii. A change occurs to the number of child care hours provided.

(7)Redetermination: All TCC cases must have a benefit eligibility redetermination at least once every 12 months as defined in Chapter I(F). The redetermination date aligns with a Medicaid and/or Food Supplement redetermination whenever possible. An interview is not required to determine ongoing TCC eligibility.

(8)Termination of Benefits: TCC benefits terminate, without 10 days' notice, when-

a) A redetermination is not completed;

b) Employment ceases;

c) The TCC family fails to provide requested verification;

d) There are no eligible children in the home;

e) The TCC family is determined to be income ineligible; or

f) Nonpayment of Parent Fee: See Subparagraph 4(c)(ii) above. Upon notification by the child care provider and confirmation by the Department that the parent failed to pay the parent fee, the Department shall end the TCC. If the parent has made a good faith effort to make payment, or has entered into a payment plan with the provider and evidence has been provided that the parent is in compliance with that plan, the Department may continue TCC.

(9)Application for TANF/PaS: If a TCC recipient's hours are reduced and the recipient then reapplies for TANF/PaS, the recipient may continue to receive TCC until ASPIRE makes a determination about the suitability of child care supports. There must not be a duplication of receipt of child care benefits.

(10)Break in Assistance: When TANF/PaS has been closed for more than 12 months and there has been a break in receipt of TCC of 90 days or less due to the following reasons, the family remains eligible for TCC.

a) The family member loses a job for good cause as defined in 10-144 C.M.R. Ch. 607, ASPIRE-TANF Program Rules, Section 4(III)(C) but secures another job prior to reopening of a TANF/PaS grant;

b) There is a break in employment due to seasonal or planned layoff;

c) Maternity leave; or

d) Medical leave.

(11)Child Care Providers:

a) Providers must be 18 years of age or older.

b) The provider cannot be a parent, stepparent or guardian of the child or reside in the same household as the TCC recipient;

c) Unlicensed providers and all adult members of their household must undergo a background check every two years. The background check must be completed before any funds are released to that provider.

d) The Department reserves the right to disapprove a provider chosen by the parent with cause, as determined by the TANF Program Manager.

(12)Overpayments: Overpayments occur when the amount paid exceeds the amount that would have been paid if the benefit had been calculated correctly on actual circumstances reported, verified and acted on in a timely manner. Overpayments can occur as the result of agency, specified relative, or child care provider error. A party in wrongful receipt of a TCC benefit shall be responsible for repaying the overpayment. TCC benefits issued to the specified relative and not used to pay a child care provider are considered an overpayment which must be repaid by the specified relative. A child care provider that receives payment and either fails to render services or fails to satisfy the Reporting Requirements articulated in Section 6 of this chapter shall be liable for reimbursement and any related costs, including interest.

(13)Recovery of Overpayments:

a) Errors caused by the Department or the specified relative: The Department may recover the value of any outstanding TCC overpayment. Such actions can include, but are not limited to

i. offsetting future TANF/PaS benefits,

ii. seeking recoupment from a child care provider, or

iii. referring the matter to the Department's Fraud, Investigation and Recovery Unit for collection.

b) Overpayments caused by the child care provider: The Department may recover the value of any outstanding TCC overpayment regardless of any other debt the specified relative may owe to the provider. The Department may, to the extent allowed by law, take whatever action is deemed appropriate to recover such overpayment.

B.TRANSITIONAL TRANSPORTATION (TT)

(1)Transitional Transportation (TT) provides benefits to eligible families, to include:

a) Families who received TANF/PaS in any one of the three months immediately preceding the month of TANF/PaS ineligibility, are working at paid employment, and are financially eligible may qualify for TT.

i. TT is available for up to 18 months when requested within twelve months of TANF/PaS closure.

ii. The Department shall notify individuals of the possibility of transportation reimbursement and of the necessity to submit an application if interested at the time of TANF/PaS closure.

iii. These Families must meet the criteria detailed in Subsection 2(a) below.

b) Other families working at paid employment may qualify for TT:

i. They include those who-

a. have not received TANF/PaS in the last three months, or

b. had TANF close in the last three months but do not meet the criteria defined in Subsection 2(a).

ii. The following conditions apply to these families:

a. TT is available for up to 18 months within a 36 month period starting from the month of TT application, dependent on funding availability. Months accrued in this section and section a) above are cumulative.

b. The Department may provide, at its discretion, up to $1,400,000 annually for each state fiscal year (SFY) from Maine's Temporary Assistance for Needy Families block grant for families eligible under this paragraph.

1. When the Department determines that the funding limit will be reached or exceeded, the Department may close all current cases eligible under the provisions of this paragraph providing timely and adequate notice as described in Chapter I(I).

2. When the current SFY funding limit has been reached or the Department determines that the funding limit will be reached or exceeded in the current or next assistance month it may deny all applications eligible under the provisions of this paragraph that would be subject to this limit. The Department shall issue a written notice of decision in accordance with the application process described in Subsection 3 below.

3. A new, $1,400,000 period begins each state fiscal year which begins July 1 and ends June 30.

(a) If Households apply in June and would be denied based on the funding limit, the Department shall simultaneously determine eligibility for June and July.

(b) Households who applied prior to June 1 and were denied or closed, must reapply for a determination to be made for July.

c. The eligibility criteria detailed in Subsection 2(b) below apply.

(2)Eligibility Criteria: The family must meet one of the following criteria:

a) TANF/PaS Closure Families: the specified relative must meet the following criteria:

i. The TANF/PaS case must have closed because-

a. There was an increase in earned income except in the following situations:

1. The case closed because of increased earnings of an excluded stepparent required to deem income to the assistance group (Ch. IV, C, Deemed Income);

2. The specified relative was excluded from the TANF/PaS assistance group; or

3. The adult member(s) of the TANF/PaS assistance group are no longer eligible for TANF/PaS due to not being a U.S. Citizen or noncitizen potentially eligible for federally funded assistance as defined in Chapter II;

b. The TANF/PaS recipient has earned income but has requested their benefits be terminated; or

c. The TANF/PaS case has reached or exceeded the 60 month lifetime limit and the TANF/PaS recipient is employed during the month of TANF/PaS closure.

and

ii. The family must have gross monthly income equal to or less than 250 percent of the Federal Poverty Level for their family size. The income of all members of the filing unit is counted.

b) Non-TANF/PaS Closure Families: The specified relative must meet the following criteria:

i. They must have a dependent child(ren) under age 18 in the household;

ii. They must be working at paid employment;

iii. They must incur an employment related transportation expense;

iv. They must be a U.S. citizen or noncitizen potentially eligible for federally funded assistance as defined in Chapter II; and

v. The family must have gross monthly income equal to or less than 200 percent of the Federal Poverty Level for their family size.

(3)Application Process:

a) Eligibility for TT is determined upon receipt of a written request for TT on a form required by the Department. The request must include the applicant's name, address, and signature. The application date is the date the paper or electronic document is received by the Department.

b) Missing documentation and verification must be requested by the Department in writing. Applicants have at least 10 days from the date of the letter to provide requested information to the Department. Failure to provide requested verifications within this timeframe results in denial of the application.

c) The Department shall issue a written decision within 30 days of receiving a completed application. If the decision is to deny the application, the notice of decision must state the reason(s) for the denial and notify the individual of their right to appeal the decision.

d) Appeals of Department denials must be filed within 30 days of the date of the Department's written decision. All other rules regarding the Administrative Procedures outlined in Chapter VI apply.

(4)Payment Calculation:

a) Payment is calculated by determining how many miles the participant travels to and from work each day multiplied by the anticipated number of working days in the month.

NOTE: Mileage is for the most direct route to and from the recipient's home and their place of employment. Mileage includes necessary trips to a child care provider and to the home of car pool passengers.

b) The reimbursement rate for the TT benefit is 45 cents per mile, up to $20 per day. Beginning October 1, 2022, the reimbursement is 46 cents per mile, up to $20 per day.

c) Recipients who have a disability and who operate their own personal wheelchair lift or other specially-equipped vehicle to travel to and from work may receive a mileage reimbursement rate of 55 cents per mile, up to $20 per day. Beginning October 1, 2022, the reimbursement is 56 cents per mile, up to $20 per day.

(5)Payment: Payment is made monthly, on the first day of the month. Payment is for travel costs incurred in the month of payment. TT is paid as long as a transportation expense is incurred, no matter the method of transportation.

(6)Reporting Responsibilities: TT payments remain constant until a redetermination is completed, or until the recipient reports a change that affects the amount of TT benefit.

a) Within ten days of its occurrence, TT recipients must report all changes that affect eligibility, including-

i. Employment ceases,

ii. A change in the distance driven to work or to child care provider,

iii. A change in the number of working days per month,

iv. A household member leaves the home, and

v. An increase in gross income beyond the applicable income limit.

(7)Redetermination: All TT cases must have benefit eligibility redetermined following the first twelve months of receipt. In some situations, the Department may shorten the redetermination period to coordinate with an anticipated change that would affect eligibility.

a) Benefits automatically terminate when-

i. a scheduled redetermination is not completed,

ii. employment ceases,

iii. the last eligible child leaves the home, or

iv. the TT family is determined to be income ineligible.

(8)Overpayments: Overpayments occur when the amount paid exceeds the amount that would have been paid if the benefit had been calculated correctly on actual circumstances reported, verified, and acted on in a timely manner. Overpayments can occur as the result of errors on the part of the agency or a specified relative. The specified relative shall be responsible for repaying the overpayment.

(9)Recovery of Overpayments: The Department may recover the value of any outstanding TT overpayment by offsetting future TANF/PaS benefits, or by referring the matter to the Department's Fraud, Investigation and Recovery Unit for collection.

C.M.R. 10, 144, ch. 331, V