Ch. 331: Maine Public Assistance Manual (TANF - Temporary Assistance for Needy Families)

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Code of Maine Rules › -144 Department of Health and Human Services Rules › Ch. 331

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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Section 8 Housing - A federal rent subsidy program now referred to as the Housing Choice Voucher Program. The tenant pays a portion of the rental cost based on a percentage of their income. The balance of the rental cost is paid by the federal government. Also known as deep subsidy.

Self-Employment - The act of engaging in a trade or business not under the control or direction of an outside employer with the intent to generate earnings or benefits where those earnings are not reported on a W-2.

Shelter Costs - The amount of money required to provide housing.

Social Security Administration - SSA - A United States government agency that administers specific social programs covering disability, retirement and survivor’s benefits.

Social Security Disability Insurance – SSDI - Benefits issued to individuals who can’t work because they have a limiting medical condition that’s expected to last for at least one year or result in death.

Social Security Number – SSN - A nine-digit number that the United States government issues to all U.S. citizens and eligible U.S. residents who apply for one.

Specified Relative - A person related to the minor child within the fifth degree of kinship by blood, marriage, or adoption who lives with the child; a legal guardian or Indian Custodian who lives with the child.

Standard of Need - The amount of income necessary to meet the full need in relation to household size.

Step Disregard - The method of reducing a certain percentage of a TANF/PaS recipient’s earned income for the first six months of employment.

Stepparent - An individual who is currently legally married to a child’s natural or adoptive parent but has no biological or adoptive parental relationship to the child.

Striker - Anyone who participates in a strike or work stoppage (including a stoppage due to the expiration of a collective-bargaining agreement) or any concerted slowdown or other interruption of operations by employees

mployment.

Stepparent - An individual who is currently legally married to a child’s natural or adoptive parent but has no biological or adoptive parental relationship to the child.

Subsidized Housing - Housing leased under an agreement in which the household pays a rate based on a percentage of the household’s income. The balance of the rent is paid for by the federal government. Also known as deep subsidy housing, conventional public housing, or the Housing Choice Voucher Program (formerly known as Section 8 housing).

Supplemental Security Income - SSI - Federal payments made under authority of Title XVI of the Social Security Act.

Systematic Alien Verification for Entitlements - SAVE - A process which allows access to U.S. Citizenship and Immigration Service (USCIS) data to validate the immigration status of non-citizen applicants.

TANF Cash Assistance - A time-limited cash assistance program designed to provide families with opportunities leading to self-support.

Temporary Absence - The condition created when a member(s) of the assistance unit is away from the home for a specified period of time not to exceed 45 days except in limited circumstances.

Temporary Assistance For Needy Families - TANF – Welfare provided under Title IV-A of the Social Security Act which authorized the TANF block grant as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Termination - The closure of a case and/or removal of an individual from program eligibility.

Timely Notice - Written notification mailed at least ten days prior to the date of the action.

Title IV-A - The section of the Social Security Act authorizing the TANF program.

Title IV-D - The part of the Social Security Act that authorizes establishing paternity and collecting child support

Act of 1996.

Termination - The closure of a case and/or removal of an individual from program eligibility.

Timely Notice - Written notification mailed at least ten days prior to the date of the action.

Title IV-A - The section of the Social Security Act authorizing the TANF program.

Title IV-D - The part of the Social Security Act that authorizes establishing paternity and collecting child support.

Title IV-E Foster Care - Foster care payments authorized under Title IV-E of the Social Security Act.

Transfer - The act of moving the right, title or interest in property, or a portion thereof, from one person to another by sale, gift or exchange. Also includes transfers to joint tenancy or to tenancy in common.

Tribal Land Claim Settlements - Settlements of property claims between the Federal government and Indian Tribes under Public Laws 92-03, 94-89, 94-14, 94-40, 95-33, 96-20, and 93-31.

Trust - Any arrangement in which a grantor transfers property (real or personal) with the intention that it be held, managed, or administered by a trustee(s) for the benefit of the grantor or other beneficiary(ies). Trusts are managed by individuals or entities with fiduciary obligations.

Trustee - Any individual(s) or entity that manages a trust and has fiduciary responsibilities.

Underpayment - The payment of a level of assistance that is less than the amount that an assistance group is rightfully entitled to receive, or the failure of the Department to issue benefits to an eligible assistance group.

Unearned Income - All contributions, payments, pensions, benefits, loans, awards, etc. which are not received as compensation for work performed. No deductions are allowed from unearned income unless otherwise instructed.

Unemployment Insurance Benefits – UIB - Financial assistance for eligible workers who become unemployed through no fault of their own and meet other eligibility requirements as determined by the U.S. and Maine Department of Labor

ions, benefits, loans, awards, etc. which are not received as compensation for work performed. No deductions are allowed from unearned income unless otherwise instructed.

United States Citizenship and Immigration Services - USCIS - (formerly INS) – An agency of the U.S. Department of Homeland Security (DHS) that administers the country’s naturalization and immigration system.

United States Department of Justice (DOJ) - a federal executive office responsible for the enforcement of federal law.

Utilities - The services provided for water, sewer, electricity, telephone and heating/cooking fuel.

Vendor - The person or business that provides goods or services.

Vendor Payments - A portion of assistance paid directly to a vendor on behalf of an assistance group.

Verification - A document or written statement attesting to the validity of a fact or event that is needed to determine eligibility or establish compliance with program requirements.

Verify - To check, confirm or establish whether a statement or condition is true or accurate by obtaining a copy, viewing a copy or obtaining a verbal description of the evidence.

Workforce Innovation and Opportunity Act – WIOA - Services designed to help job seekers access employment, education, training and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the economy. These services are administered by the U.S. and Maine Department of Labor.

LEGAL BASIS:

loyers with the skilled workers they need to compete in the economy. These services are administered by the U.S. and Maine Department of Labor.

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.

GENERAL RULE:

TANF provides temporary financial assistance to families with needy dependent children while the family works towards becoming self-supporting.

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.

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.

Address Confidentiality Program

of the Department must adhere to this policy.

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.

Information requested from outside the Office for Family Independence shall be released by the following:

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.

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).

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

cision 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).

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 Recovery

b. 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, and

2. 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.

rehension 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.

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 PROCESS

All 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.

Minimum Requirements:

The applicant or their authorized representative must:

i. Complete and sign, under penalty of perjury, an application;

ii. Complete an interview; and

iii. Sign a Family Contract.

All filing unit members who are mandatory ASPIRE-TANF participants must:

Sign a Family Contract; and

Complete an orientation meeting within 30 days of application.

n 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.

The Interview:

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.

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:

Education, employment, and training opportunities available;

Support services available during participation, and available transitional services when TANF/PaS eligibility stops;

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));

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;

Information about the PaS Program;

Information about Earned Income Tax Credit; and

The criteria which must be met to remain eligible beyond 60 months

on, 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;

Information about the PaS Program;

Information about Earned Income Tax Credit; and

The criteria which must be met to remain eligible beyond 60 months.

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.

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)

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.

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).

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:

Court, medical, law enforcement, child protective, social services, psychological or other records that establish that the individual has been a victim of domestic violence; or

Sworn statements from persons other than the individual with knowledge of the circumstances affecting the individual.

iii

this subsection, reasonable and verifiable evidence may include but is not limited to the following:

Court, medical, law enforcement, child protective, social services, psychological or other records that establish that the individual has been a victim of domestic violence; or

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; or

iv. 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.

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.

Situations requiring additional information include, but are not limited to:

Discrepancy in income or resources;

Parent deceased, no Social Security income declared;

Unemployed, no unemployment insurance benefit declared;

Information incomplete;

Community complaints; or

Evidence of potential resources

quested materials by the later of the specified due date or 30 days from the date of application.

Situations requiring additional information include, but are not limited to:

Discrepancy in income or resources;

Parent deceased, no Social Security income declared;

Unemployed, no unemployment insurance benefit declared;

Information incomplete;

Community complaints; or

Evidence of potential resources.

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:

a. Wage stubs;

b. Employer statements;

c. Award letters;

d. Bank statements; or

e. Collateral contacts.

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.

Applicant Notification:

Notification of approval is in writing and contains the following:

Dates of financial eligibility;

NOTE: Applicants may be notified of their eligibility for other benefits separately

Income used to determine eligibility and benefit level;

Regulation supporting approval; and

Explanation of applicant's right to a fair hearing.

Notification of denial is in writing and contains the following:

Statement of denial action;

Reason for denial;

Citation of policy supporting denial; and

Explanation of applicant's right to a fair hearing.

Time and Processing Standards:

Benefits are calculated from the date of application or from the date of statutory eligibility, whichever occurs later

tion of applicant's right to a fair hearing.

Notification of denial is in writing and contains the following:

Statement of denial action;

Reason for denial;

Citation of policy supporting denial; and

Explanation of applicant's right to a fair hearing.

Time and Processing Standards:

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.

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.

When an applicant refuses to provide required information or verification, the Department shall:

Make sure the applicant understands that benefits will be denied unless the information is provided;

Document the refusal; and

Deny the application.

When an applicant fails to provide required information or fails to contact the Department by a specified date without good cause, the Department shall:

Document the failure to contact or provide required information; and

Deny the application after the specified date

plicant understands that benefits will be denied unless the information is provided;

Document the refusal; and

Deny the application.

When an applicant fails to provide required information or fails to contact the Department by a specified date without good cause, the Department shall:

Document the failure to contact or provide required information; and

Deny the application after the specified date.

When an applicant has good cause for failing to provide required information, the Department shall:

Offer to provide assistance in obtaining the information;

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;

Keep the application pending an additional 30 days while the client or Department continues their attempt to get the required proof;

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; or

Deny the application when the required information is not provided within the second 30-day period.

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;

iv. Lost or stolen mail;

v. Refusal of a landlord to verify housing expense;

vi. Death of the applicant/recipient or an immediate family member; or

vii. Inability of a third party (such as Social Security Administration) to provide the necessary documentation within the designated time period

ned income verification, or the unavailability of an employer to provide verification before the deadline;

iv. Lost or stolen mail;

v. Refusal of a landlord to verify housing expense;

vi. Death of the applicant/recipient or an immediate family member; or

vii. 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:

Document the explanation given for the failure and why it does not establish good cause; and

Deny the application.

NON-PAYMENT SITUATIONS

Although eligibility may exist there are some situations in which a TANF/PaS payment cannot be made.

Concurrent Assistance:

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.

SSI: See Filing Unit, Chapter II.

Foster Care: See Filing Unit, Chapter II

half of the month. If the client applies during the second half of the month, the date of application is used for proration.

SSI: See Filing Unit, Chapter II.

Foster Care: See Filing Unit, Chapter II.

Interstate Compact: See Relationship and Maintenance of a Home, Chapter II

Penalties for Convictions:

TANF/PaS assistance must not be provided for any individual who is:

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.

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); or

Violating a condition of probation or parole imposed under Federal or State law.

REDETERMINATION (REVIEW) PROCESS

All cases must have eligibility for continued assistance re-determined periodically

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); or

Violating a condition of probation or parole imposed under Federal or State law.

REDETERMINATION (REVIEW) PROCESS

All cases must have eligibility for continued assistance re-determined periodically.

Redetermination requires:

The recipient and/or their representative must:

Submit a signed review form, and

Complete an interview

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.

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.

Redeterminations must take place at least every 12 months.

QUALITY CONTROL REVIEW

TANF/PaS households who refuse to cooperate in any quality control review are not eligible for benefits until they comply.

CHANGE PROCESS

All individuals are required to report changes which affect eligibility. The Department is required to act on reported changes timely.

Timely Reporting:

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.

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

eported changes timely.

Timely Reporting:

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.

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:

Mail delay,

Illness of the employed individual, and

iii. Other unanticipated emergencies.

Treatment of Changes:

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.

A change resulting in a decrease in benefits shall affect the next payment depending on timely notice requirements.

TIMELY/ADEQUATE NOTICES

The 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.

Timely notice must be mailed 12 days before the change is effective (10 days for notice - 2 days for mailing)

IMELY/ADEQUATE NOTICES

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:

The recipient or the payee dies;

The recipient requests in writing that the case be closed;

The recipient has been committed to a public non-medical institution;

The recipient has been placed in skilled nursing care, intermediate care or long-term hospitalization;

The recipient's whereabouts are unknown and departmental mail has been returned; or

A child is removed from the home as a result of a judicial determination.

Adequate notice includes a statement of—

The action the Department intends to take;

The reason for the action;

The policy citation supporting the action; and

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.

60 MONTH BENEFIT LIMIT

A 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

at the previous level until a decision is made after a hearing. If the Agency is upheld, the continued benefit must be repaid.

60 MONTH BENEFIT LIMIT

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.

Exemptions from the Time Limit:

The time limit shall not apply in the instances of:

A minor child(ren) living with a single parent who receives SSI benefits, or with two parents who both receive SSI benefits;

A minor child(ren) living with a legally responsible non-parent specified relative who is not in the assistance unit;

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

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;

Any month of receipt in which an individual is a pregnant or minor parent who is not the head of household;

Any month for which the family received only non-cash assistance such as:

Alternative Aid,

Emergency Assistance,

ASPIRE-TANF Support Services,

Whole Family Services,

Food assistance including Transitional Food Assistance and any TANF work supplement programs,

Transitional Services including child care and transportation, or

HOPE, 10-144 C.M.R. 330.

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.

Provisions for Extensions to the Time Limit:

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, and

Subject to all TANF/PaS reporting requirements

ify 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, and

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, and

iii. 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:

The adult recipient or the minor parent head of household has the primary responsibility for providing verification to support the extension.

If that recipient cannot supply, or has difficulties in obtaining, the required verification, the Department shall assist them.

g) Extension types:

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

ification, the Department shall assist them.

g) Extension types:

Hardship Extension:

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.

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.

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:

Physical acts/threats of physical injury,

Sexual abuse or assault of a child or caretaker of a child, or

Psychological effects of the abuse or assault

lence situations are defined as follows:

Physical acts/threats of physical injury,

Sexual abuse or assault of a child or caretaker of a child, or

Psychological effects of the abuse or assault.

The adult, or minor parent head of household, recipient must provide reasonable and verifiable written evidence of the abuse including but not limited to:

Court, medical, law enforcement, child protective, social services, psychological or other records that establish that the recipient has been a victim of domestic violence;

Sworn statements from persons other than the individual recipient with knowledge of the circumstances affecting the recipient;

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.

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

an 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.

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.

The adult(s) or minor parent heads of household recipient claiming disability must—

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

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

ort-term disabilities.

The request for subsequent incremental extensions must include—

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.

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

tion services but was placed on a wait list.

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;

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.

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

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.

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.

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.

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.

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.

Additional incremental extensions of up to six months each may be granted provided the recipient remains working at least 35 hours per week.

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.

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

and must be earning at least the State equivalent to the minimum wage per hour to be eligible for an extension.

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—

The recipient has been employed for at least 12 months following TANF/PaS closure;

The job loss was through no fault of the recipient; and

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.

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:

Death of child, spouse, or parent;or

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

Inadequate or unavailable childcare or transportation required to engage in substantial gainful activities; or

(d) Being a victim of violent crime; or

parent;or

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:

The family has the right to request a conference prior to termination of TANF/PaS benefits to—

Contest the Department’s calculation of the termination date, and/or

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.

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

sed 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.

The purpose of the pre-termination conference;

That a pre-termination conference may be requested orally or in writing;

The name, address, and telephone number of the individual or office the family must contact to request a pre-termination conference;

That the pre-termination conference may be conducted by phone or in person; and

The time frame in which the family must request a pre-termination conference to ensure continuation of benefits pending the conference.

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.

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.

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

shall be terminated at the end of the 60th month unless the Department determines that the family qualifies for a hardship extension.

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:

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;

The family’s right to be represented by legal counsel at the pre-termination conference; and

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.

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.

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:

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.

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

onth time limit are made by an ASPIRE worker pursuant to the process detailed above, and must be approved by a Supervisor.

Hardship extensions shall not be granted when—

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;

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/or

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.

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.

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.

Formal re-evaluations of hardship extensions must be scheduled

nt(s) to sign a Family Contract Amendment, containing steps to be taken, as appropriate, to remove/improve the condition that warranted the hardship extension.

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.

Formal re-evaluations of hardship extensions must be scheduled.

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:

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.

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

es until the extension ends or the family is no longer eligible for TANF/PaS for other reasons.

A hardship extension ends when—

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;

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; or

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:

on:

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.

AGE: For a family to be eligible for TANF/PaS, the specified relative, and the dependent child(ren) must meet the requirements of this section.

Specified Relative: The specified relative must be 18 years of age or older unless they meet the maintenance of a home requirements for minor parents. (See E(3)(b))

yment, based on all eligibility factors, for the period specified in the hearing decision.

AGE: For a family to be eligible for TANF/PaS, the specified relative, and the dependent child(ren) must meet the requirements of this section.

Specified Relative: The specified relative must be 18 years of age or older unless they meet the maintenance of a home requirements for minor parents. (See E(3)(b)).

Dependent Child: The dependent child must be:

Under the age of 18; or

Aged 18 and enrolled as a full-time student in a high school or an equivalent instruction alternative, leading to a high school diploma.

When the student who is the dependent child on the TANF/PaS grant becomes 19, they are not eligible for the federally funded TANF program. They may receive state funded cash assistance until they graduate or become 21 years old, whichever comes first.

RESIDENCE

All recipients must be living in Maine voluntarily with the intent to make Maine their home.

CITIZENSHIP

NOTE: Unless specified otherwise, all references to the United States Code (U.S.C.) reference the version most currently in effect. The text of these laws can be found at https://uscode.house.gov/. Individuals may also request copies by writing to:

Rules Manager

Maine DHHS, Office for Family Independence

11 State House Station

109 Capitol St., Augusta, ME 04333-0011

1. General Rule

Only U.S. citizens and certain noncitizens are eligible for benefits. The presence of an ineligible noncitizen or individual with unverified status does not prohibit the remaining members of the household from being eligible.

b) Citizenship or noncitizen status must be verified for each household member seeking benefits.

2. CITIZENS AND U.S. NATIONALS

a) The following individuals are potentially eligible for federally funded benefits:

i. Individuals born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, the Northern Mariana Islands (NMI), American Samoa or Swain’s Island,

ii. Individuals born to one or more U.S. citizens

ified for each household member seeking benefits.

2. CITIZENS AND U.S. NATIONALS

a) The following individuals are potentially eligible for federally funded benefits:

i. Individuals born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, the Northern Mariana Islands (NMI), American Samoa or Swain’s Island,

ii. Individuals born to one or more U.S. citizens. Individuals adopted by one or more U.S. citizens and residing in the United States prior to reaching the age of 16, and

iii. Individuals who have been lawfully naturalized per 8 U.S.C. §§ 1421 and 1448.

a) Acceptable verification of U.S. citizen or a U.S. national status is listed below. Verification from one list is only acceptable if no verification from any preceding list is available. In the absence of an item from List A (Subparagraph i below) separate verification from List B (Subparagraph ii) must be provided. In the absence of items from both Lists A and B, all verifications from List C (Subparagraph iii) must be provided.

List A includes-

A data match showing U.S. citizenship or U.S. national status with a state or national database such as-

the State Data Exchange (SDX),

the Beneficiary and Earnings Data Exchange (BENDEX),

the State Verification and Exchange System (SVES); or

the Systemic Alien Verification for Entitlements (SAVE) system;

b. A U.S. public birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam, the Virgin Islands of the U.S., American Samoa, Swain’s Island, or the Northern Mariana Islands (after November 4, 1986 (NMI local time)). The birth record document may be issued by the state, commonwealth, territory or local jurisdiction. It must have been recorded before the person was 5 years of age.

If the document shows the individual was born in Puerto Rico, Guam, the Virgin Islands of the U.S., or the Northern Mariana Islands before these areas became part of the U.S., see Subparagraph iii below.

c. A U.S

6 (NMI local time)). The birth record document may be issued by the state, commonwealth, territory or local jurisdiction. It must have been recorded before the person was 5 years of age.

c. A U.S. passport, including U.S. passport card: a U.S. passport need not be currently valid to be accepted as evidence of U.S. citizenship as long as the passport was initially issued for the full validity period based on the persons age and for a period of five years or more. An expired passport that was initially issued less than the full validity period based on the persons age may be used as proof of identity only.

d. A Report of Birth Abroad of a U.S. Citizen issued by the U.S. Department of State;

e. A Certification of Report of Birth issued by the U.S. Department of State;

f. A Certificate of Naturalization issued by the U.S. Department of Homeland Security (DHS) or its predecessors;

g. A Certificate of U.S. Citizenship issued by the U.S. Department of Homeland Security (DHS) or its predecessors;

h. A U.S. Citizen I.D. Card issued by DHS or its predecessors;

i. A Northern Mariana Identification Card issued by DHS or its predecessors; or

j. An American Indian Card issued by DHS or its predecessors with the classification code “KIC" and a statement on the back denoting U.S. citizenship.

ii List B includes –

a. A religious record recorded in the U.S. within three months of birth showing the birth occurred in the U.S. and showing either the date of the birth or the individual’s age at the time the record was made. The record must be an official record recorded with a religious organization. (Entries in a family bible, for example, are not considered religious records.);

b. A document showing employment by the U.S. government before June 1, 1976;

c. Early school record showing a U.S. place of birth

d in the U.S. and showing either the date of the birth or the individual’s age at the time the record was made. The record must be an official record recorded with a religious organization. (Entries in a family bible, for example, are not considered religious records.);

b. A document showing employment by the U.S. government before June 1, 1976;

c. Early school record showing a U.S. place of birth. The school record must show the name of the child, the date of the admission to the school, the date of the birth, a U.S. place of birth, and the name(s) and place(s) of the birth of the applicant’s parents;

d. A federal or state census record showing U.S. citizenship or a U.S. place of birth and the individual’s age or date of birth;

e. One of the following documents that show a U.S. place of birth;

1. Seneca Indian tribal census record;

2. Bureau of Indian Affairs tribal census records of the Navajo Indians;

3. U.S. State Vital Statistics official notification of birth registration;

4. A delayed U.S. public birth record that is recorded more than five years after the person’s birth;

5. Statement signed by a physician or midwife who as in attendance at the time of birth; or

6. Bureau of Indian Affairs Roll of Alaska Natives.

f. A final adoption decree showing the child’s name and U.S. place of birth;

g. In situations where an adoption is not finalized and the state in which the child was born will not release a birth certificate prior to a final adoption, a statement from a state approved adoption agency that shows the child’s name and U.S. place of birth. The adoption agency must state in the certification that the source of the place of birth information is an original birth certificate;

h. A U.S. Military Record showing a U.S. place of birth;

i. An extract of a hospital record on hospital letterhead, indicating a U.S. place of birth. The hospital record must have been established at the time of the person’s birth and created at least five years before the initial application date for TANF

ication that the source of the place of birth information is an original birth certificate;

h. A U.S. Military Record showing a U.S. place of birth;

j. A life, health, or other insurance record showing a U.S. place of birth. The record must have been created at least five years before the initial application date for TANF;

k. Medical (clinic, doctor, or hospital) record showing a U.S. place of birth created at least five years before the initial application date for TANF. (For children under the age of 16, the document must have been created near the time of birth or five years before the date of application.) An immunization record alone is not considered a medical record for purposes of establishing U.S. citizenship.

l. A public birth certificate showing birth in Puerto Rico, prior to January 13, 1941, U.S. Virgin Islands June 28, 1932, Northern Mariana Islands (NMI) or Trust Territory of the Pacific Islands (TTPI) November 5, 1986. The birth record document may be issued by the state, commonwealth, territory or local jurisdiction. It must have been recorded before the person was 5 years of age.

m. For individuals born in Puerto Rico prior to January 13, 1941

1. Evidence of birth in Puerto Rico and the person’s statement that were residing in the U.S., a U.S. possession, or Puerto Rico on January 13, 1941; or

2. Evidence that the person was a Puerto Rican citizen and the person’s statement that they were residing in Puerto Rico on March 1, 1917 and that they did not take an oath of allegiance to Spain.

n. For individuals born in the U.S. Virgin Islands prior to June 28, 1932

1. Evidence of birth in the U.S

atement that were residing in the U.S., a U.S. possession, or Puerto Rico on January 13, 1941; or

2. Evidence that the person was a Puerto Rican citizen and the person’s statement that they were residing in Puerto Rico on March 1, 1917 and that they did not take an oath of allegiance to Spain.

n. For individuals born in the U.S. Virgin Islands prior to June 28, 1932

1. Evidence of birth in the U.S. Virgin Islands, and the person’s statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927;

2. The person’s statement indicating residence in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession, or the U.S. Virgin Islands on February 25, 1927, and that the person did not make a declaration to maintain Danish citizenship; or

3. Evidence of birth in the U.S. Virgin Islands and the person’s statement indicating residence in the U.S., a U.S. possession, or Territory or the Canal Zone on June 28, 1932.

o. Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands {TTPI}):

1. Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. Territory or possession on November 3, 1986 (NMI local time) and the person’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time);

2. Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the person’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or

3. Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).

If an individual entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the person is not a U.S. citizen.

1986 (NMI local time); or

3. Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).

If an individual entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the person is not a U.S. citizen.

p. Evidence, from list A above, of the U.S. citizenship of the individual’s parents, evidence of the relationship of the individual to the parents, and evidence that at least one parent resided in the U.S. or an outlying possession prior to the individual’s birth;

q. Evidence, from list A above, that one of the individual’s parents is a U.S. citizen and that the other is a U.S. citizen parent, and evidence that the U.S. citizen parent resided in the U.S., a U.S. possession, American Samoa or Swain’s Island for a period of at least one year prior to the applicant’s birth.

r. Evidence, from list A above, of the U.S. citizenship of the individual’s mother, evidence of the relationship to the applicant and-

1. For births on or before December 24, 1952, evidence that the mother resided in the U.S. prior to the applicant’s birth, or

2. For births after December 24, 1952, evidence that the mother had resided, prior to the child’s birth, in the U.S. or a U.S. possession for a period of one year.

s. A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October1, 1979 and evidence, from list A above, that one parent was a U.S. citizen at the time of the individual’s birth;

t. A birth certificate showing birth in the Republic of Panama on or after February 26, 1904 and before October 1, 1979 and evidence, from list A above, that at least one parent was a U.S. citizen and evidence that the parent was employed by the U.S. government or the Panama Railroad Company or its successor in title.

ove, that one parent was a U.S. citizen at the time of the individual’s birth;

u. A marriage license showing marriage prior to September 22, 1922, and evidence, from list A above that the spouse was a U.S. citizen.

v. Institutional admission papers from a nursing facility, skilled care facility or other institution, showing a U.S. place of birth, created at least five years before the initial application for TANF.

iii. List C includes-

In the absence of any of the above verifications, all of the following must be provided:

a. A written affidavit of citizenship signed, under penalty of perjury, from a third party indicating a reasonable basis for personal knowledge that the member in question is a U.S. citizen or non-citizen national. The signed statement must acknowledge that the individual signing the affidavit recognizes that providing a false statement may result in penalties including disqualification from Public Assistance and Supplemental Nutrition Assistance Programs, and criminal penalties including a fine of $500 and 11 months of imprisonment.

b. Verification of the identity of the third party who signed the affidavit from List A above.

c. Verification of the citizenship or noncitizen national status of the third party who signed the affidavit from List A above; and

d. An affidavit signed by the individual, their guardian, or their authorized representative explaining why no verification from List A through B above exist or can be obtained.

3. INDIVIDUALS WHO ARE NOT U.S. CITIZENS OR NATIONALS BUT ARE POTENTIALLY ELIGIBLE FOR FEDERALLY FUNDED TANF/PaS

a) Acceptable Verification

tional status of the third party who signed the affidavit from List A above; and

d. An affidavit signed by the individual, their guardian, or their authorized representative explaining why no verification from List A through B above exist or can be obtained.

3. INDIVIDUALS WHO ARE NOT U.S. CITIZENS OR NATIONALS BUT ARE POTENTIALLY ELIGIBLE FOR FEDERALLY FUNDED TANF/PaS

a) Acceptable Verification

i. A data match with the United States Department of Homeland Security (DHS) is the controlling verification type. Should there be a discrepancy between this data match and the status attested to by the individual the Department shall-

Use the status verified through the data match for all eligibility determinations; and

Provide the individual with contact information to resolve the conflict with DHS.

ii. In instances that a particular status type cannot be verified through a data match with DHS, “Supplemental Verifications” may be provided to aid in the data match verification process. All requests for verification will be made in writing in accordance with the “Verification and Documentation” standards as defined in Chapter I, Section D (5).

a. Supplemental Verification serves two purposes:

1. These documents may aid the Department in securing required data matches.

2. In instances where a response from DHS indicates that DHS cannot yet provide a definitive result due to a technical error, the Department shall honor the attested to status on the supplemental verification until such time that a data match response is received from DHS.

b. Unless detailed otherwise within the type below, Supplemental Verification is the most current version of a letter or other document from DHS that includes-

1. a statement that the individual has been granted a noncitizen status,

2. this individual’s full name, and

3. at least one of the following:

(a) the individual’s social security number,

(b) the individual’s immigration related A-Number,

ntal Verification is the most current version of a letter or other document from DHS that includes-

1. a statement that the individual has been granted a noncitizen status,

2. this individual’s full name, and

3. at least one of the following:

(a) the individual’s social security number,

(b) the individual’s immigration related A-Number,

(d) the individual's date of birth.

b) Individuals with the following non-citizen types are potentially eligible for federally funded benefits

i. North American indigenous people born in Canada.

a. Description

Individuals born in Canada who have at least 50% of their racial heritage from North American indigenous peoples.

b. Special Conditions

Individuals who have this status, who are not considered U.S nationals and who began their residency in the U.S. on or after August 22, 1996 are subject to a 5 year waiting period from their initial date of residency; or meet one or more of the special conditions detailed in the “Special Conditions for Federally Funded TANF/PaS” in Paragraph c below.

c. Supplemental Verification of this type is a Ketchikan Indian Community (KIC) American Indian Card.

ii. Refugees

a. Description

1. Individuals granted and retaining refugee status pursuant to 8 U.S.C. § 1157; or

2. Individuals who were granted refugee status and did not have it terminated pursuant to 8 U.S.C. § 1157 who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

Individuals who have been granted this status and have not had it terminated pursuant to 8 U.S.C. § 1157 have no waiting period or other conditions described in this section to receive benefits, even if they currently hold a different status.

iii. Asylees

a. Description

1. Individuals granted and retaining asylum pursuant to 8 U.S.C. § 1158 or

2. Individuals who were granted asylum and did not have it terminated pursuant to 8 U.S.C. § 1158 who now have a different status such as Lawful Permanent Resident.

waiting period or other conditions described in this section to receive benefits, even if they currently hold a different status.

iii. Asylees

a. Description

1. Individuals granted and retaining asylum pursuant to 8 U.S.C. § 1158 or

2. Individuals who were granted asylum and did not have it terminated pursuant to 8 U.S.C. § 1158 who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

Individuals who have been granted this status and have not had it terminated pursuant to 8 U.S.C. § 1158 have no waiting period or other conditions described in this section to receive benefits, even if they currently hold a different status.

iv. Deportees whose deportation is withheld

Description

Individuals who are not being deported because they meet the conditions of—

1. 8 U.S.C. § 1231(b)(3) or

2. 8 U.S.C. § 1253(a)(3).

b. Special Conditions

Individuals who have been granted this status and have not had it terminated, have no waiting period or other conditions described in this section to receive benefits.

v. Cuban and Haitian Entrants

a. Description

1. Individuals granted and retaining Cuban and Haitian entrant status as defined in the notes of 8 U.S.C. § 1641.

2. Individuals who were granted Cuban and Haitian entrant status as defined in the notes of 8 U.S.C. § 1641 and did not have it terminated who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

Individuals who have been granted this status and have not had it terminated have no waiting period or other conditions described in this section to receive benefits, even if they currently hold a different status.

c. Additional Supplemental Verification

To aid in the verification process, individuals with this non-citizenship status are encouraged to provide—

1. Both—

(a) a Cuban or Haitian Passport or birth certificate and

nted this status and have not had it terminated have no waiting period or other conditions described in this section to receive benefits, even if they currently hold a different status.

c. Additional Supplemental Verification

To aid in the verification process, individuals with this non-citizenship status are encouraged to provide—

1. Both—

(a) a Cuban or Haitian Passport or birth certificate and

(b) the most current version of a letter or other document from DHS stating that they have received an application for asylum or a document showing a future court date concerning removal for the individual that contains the individual’s full name and at least one of the following:

(i) the individual’s social security number,

(ii) the individual’s immigration related A-Number,

(iii) the individual’s passport number, or

(iv) the individual’s date of birth.

vi. Certain Amerasian Immigrants

a. Description

1. Individuals granted and retaining lawful presence in the United States per the Amerasian Immigration conditions defined in the notes of 8 U.S.C. § 1101.

2. Individuals who were granted lawful presence in the United States per the Amerasian Immigrations conditions defined in the notes of 8 U.S.C. § 1101 and did not have it terminated who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

Individuals who have been granted this status and have not had it terminated are not subject to a five year waiting period or other conditions described in this section to receive benefits, even if they currently hold a different status.

vii. Iraqi Special Immigrants

a. Description

1. Individuals granted and retaining Special Immigrant Status for Certain Iraqis defined in the notes of 8 U.S.C. § 1157.

2. Individuals who were granted Special Immigrant Status for Certain Iraqis as defined in the notes of 8 U.S.C. § 1157 and did not have it terminated who now have a different status such as Lawful Permanent Resident.

erent status.

vii. Iraqi Special Immigrants

a. Description

1. Individuals granted and retaining Special Immigrant Status for Certain Iraqis defined in the notes of 8 U.S.C. § 1157.

b. Special Conditions

viii. Afghan Special Immigrants

a. Description

1. Individuals granted and retaining Special Immigrant Status for Certain Afghans as defined in the notes of 8 U.S.C. § 1157.

2. Individuals who were granted Special Immigrant Status for Certain Afghans and did not have it terminated who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

ix. Afghan Humanitarian Parolees

a. Description

Individuals granted Afghan humanitarian parole between July 31, 2021 and September 30, 2023.

b. Special Conditions

Individuals who have been granted this status and have not had it terminated are not subject to a five year waiting period.

Unless they move to another qualifying status, individuals who are eligible based on this status lose eligibility the later of

1. March 31, 2023 or

2. the end of their parole term.

x. Certain Hmong and Highland Laotians

NOTE: Most individuals who would be eligible in this category are also eligible as Refugees (See Subparagraph ii above).

a. Description

1. Individuals lawfully residing in the U.S

Unless they move to another qualifying status, individuals who are eligible based on this status lose eligibility the later of

1. March 31, 2023 or

2. the end of their parole term.

x. Certain Hmong and Highland Laotians

NOTE: Most individuals who would be eligible in this category are also eligible as Refugees (See Subparagraph ii above).

a. Description

1. Individuals lawfully residing in the U.S. who were a tribal member of a Hmong or Highland Laotian tribe at the time the tribe assisted the U.S. in a military or rescue operation between August 5, 1964 and May 7, 1975, or

2. The spouse and/or unmarried dependent children of an individual described in 1 above, or

3. The unmarried, surviving spouse and dependent children of a deceased person described in 1 above except that the tribal member does not have to be lawfully residing in the U.S.

b. Special Conditions

c. Additional Supplemental Verification—

1. For the tribal member

(a) A data match with the United States Department of Homeland Security (DHS) showing—

(i) A lawful presence;

(ii) A date of birth prior to May 8, 1975;

(iii) A country of birth of Laos, Thailand, Cambodia, China, Vietnam, The Philippines, Indonesia, Hong Kong, Malaysia, or Singapore; and

(iv) A land date after March 1975.

If the land date is prior to April 1975, the standard is still met if the individual was in the U.S. as a student, for military training, to escape the war, or some similar purpose.

and

(b) Their name is listed on the Refugee Data Center list, or

birth of Laos, Thailand, Cambodia, China, Vietnam, The Philippines, Indonesia, Hong Kong, Malaysia, or Singapore; and

(iv) A land date after March 1975.

If the land date is prior to April 1975, the standard is still met if the individual was in the U.S. as a student, for military training, to escape the war, or some similar purpose.

and

(b) Their name is listed on the Refugee Data Center list, or

(c) If they cannot be found on the Refugee Data Center list an affidavit signed by the tribal member or, if they are deceased, their surviving spouse or child swearing under the penalty of law that the individual was a member of a Hmong or Highland Laotian tribe between August 5, 1964 and May 7, 1975.

2. For the current or surviving spouse, or dependent child

(a) verification of the eligibility of a tribal member as detailed in 1 above, and

(b) verification of the relationship to the tribal member such as a birth certificate, marriage license or tax records.

xi. Individuals who have been subject to severe forms of trafficking, their spouses, minor children, parents, and siblings

a. Description

1. Individuals meeting the definition of “victim of a severe form of trafficking in persons” as defined at 22 U.S.C. § 7105(b)(1)(C) or meeting all but the age requirement, and

2. The spouse, minor child, parent or sibling of such an individual who holds a T Visa.

b. Special Conditions

c. Additional Acceptable Verification of this type is—

Verification through the trafficking victims’ verification toll-free number, (866) 401-5510.

xii. Certain individuals who have been battered and certain relatives of theirs

a. Description

1. Individuals granted and retaining immigrant status under the conditions of 8 U.S.C

to receive benefits, even if they currently hold a different status.

c. Additional Acceptable Verification of this type is—

Verification through the trafficking victims’ verification toll-free number, (866) 401-5510.

xii. Certain individuals who have been battered and certain relatives of theirs

a. Description

1. Individuals granted and retaining immigrant status under the conditions of 8 U.S.C. § 1154(a)(1)(A)(iii), (iv), (v)(I)(cc), (vii) or 1154(a)(1)(B)(ii), (iii), or (iv)(I)(cc).

2. Individuals granted immigrant status under the conditions of 8 U.S.C. § 1154(a)(1)(A)(iii), (iv), (v)(I)(cc), (vii) or 1154(a)(1)(B)(ii), (iii) or (iv)(I)(cc) who did not have it terminated and now have a different status such as Lawful Permanent Resident.

NOTE: Generally speaking, these are spouses and children of individuals lawfully in the U.S. who were battered while in the U.S. or are the parent or unmarried child of the battered individual. They must not be currently residing with the batterer.

b. Special Conditions

To be potentially eligible for federally funded benefits these individuals must, also meet one or more of the special conditions detailed in the “Special Conditions for Federally Funded TANF/PaS” in Paragraph c below.

c. Additional Acceptable Verification of this type is—

1. A letter or other document from DHS, a court, or a law enforcement agency demonstrating a substantial likelihood that the individual, their parent, or a family member there of that contains the individual’s full name and at least one of the following:

(a) the individual’s social security number,

(b) the individual’s immigration related A-Number,

type is—

(a) the individual’s social security number,

(b) the individual’s immigration related A-Number,

(d) The individual’s date of birth.

And

2. A data match with the United States Department of Homeland Security (DHS) showing a lawful presence.

xiii. Certain individuals who have been lawfully admitted for permanent residence

a. Description

Individuals meeting the definition of “lawfully admitted for permanent residence” as defined at 8 U.S.C. § 1101(a)(20).

b. Special Conditions

xiv. Certain individuals who have been paroled into the U.S. for at least one year for urgent humanitarian reasons or significant public benefit.

a. Description

Individuals granted, for at least one year, and currently retaining immigrant status under the conditions of 8 U.S.C. § 1182(d)(5).

b. Special Conditions

xv. Certain individuals who were granted conditional entrance prior to April 1, 1980

a. Description

Individuals granted conditional entrance per 8 U.S.C. § 1153(a)(7) as it was in effect May 31, 1980. The text of this law can be found at https://uscode.house.gov/statviewer.htm?volume=79&page=912#.

Individuals may also request copies by writing to:

Rules Manager

Maine DHHS, Office for Family Independence

11 State House Station

109 Capitol St.

Augusta, ME 04333-0011

April 1, 1980

a. Description

Individuals granted conditional entrance per 8 U.S.C. § 1153(a)(7) as it was in effect May 31, 1980. The text of this law can be found at https://uscode.house.gov/statviewer.htm?volume=79&page=912#.

Individuals may also request copies by writing to:

Rules Manager

Maine DHHS, Office for Family Independence

11 State House Station

109 Capitol St.

Augusta, ME 04333-0011

b. Special Conditions

c. Acceptable Verification of this type is a data match with the United States Department of Homeland Security (DHS) showing conditional entrance granted prior to April 1, 1980.

xvi. Citizens of countries governed by the Compacts of Free Association (COFA)

a. Description

1. Individuals who reside lawfully in the United States in accordance with section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the

Republic of the Marshall Islands, and the Republic of Palau, as amended by the Consolidated Appropriations Act of 2024, Public Law 118-42.

2. Individuals who were granted COFA status and did not have it terminated pursuant to 8 U.S.C. § 1641 who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

Individuals who have been granted this status and have not had it terminated pursuant to 8 U.S.C. § 1641 as amended by the Consolidated Appropriations Act of 2024, Public Law 118-42, have no waiting period or other conditions described in this section to receive benefits

terminated pursuant to 8 U.S.C. § 1641 who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

c) Special Conditions for Federally Funded TANF/PaS

In addition to the requirements of Paragraph b, above, at least one of the following special circumstances must be met for some individuals (as indicated in their “Special Conditions” above) to be potentially eligible for federally funded TANF/PaS:

i. The individual has been continually present in the U.S. with the latest date of entry being prior to August 22, 1996.

ii. The individual has lived in the U.S. for a period of 5 years from the date of entry occurring on or after August 22, 1996.

iii. The individual is a veteran of or on active duty in the United States Armed Forces or is the spouse or unmarried dependent child of a veteran or active service member.

Acceptable verification of this condition is:

a. Documents from the applicable branch of the Armed Services showing current active duty status, other than training, that contains the service member’s full name and either their date of birth or social security number; or

b. Documents from the Veteran’s Administration showing veteran status that contains the veteran’s full name and either their date of birth or social security number, with a discharge characterized as an honorable discharge and not on account of citizenship status.

c. Verification that an individual meets this condition based on being the spouse or dependent child of the service member or veteran is—

cuments from the Veteran’s Administration showing veteran status that contains the veteran’s full name and either their date of birth or social security number, with a discharge characterized as an honorable discharge and not on account of citizenship status.

c. Verification that an individual meets this condition based on being the spouse or dependent child of the service member or veteran is—

1. Documents from the applicable branch of the Armed Services or Veteran’s Administration showing eligibility for military or veterans benefits as a child or spouse that contains the individual’s full name and either their date of birth or social security number; or

2. The verifications detailed in (a) or (b) above, and

(a) For a spouse, a marriage license naming the service member or veteran as the individual’s spouse, or

(b) For a dependent child a birth certificate or adoption record naming the service member or veteran as the individual’s parent and school records naming the individual as a current student.

iv. The individual has 40 qualifying quarters of work.

a. This condition must be verified through a data match with the Social Security Administration (SSA).

b. If the initial data match does not show 40 qualifying quarters, the individual states they have 40 qualifying quarters, and the individual is otherwise eligible, the Department shall issue federally funded benefits for up to six months while the individual works with the SSA to rectify the count. If, after six months a data match with the SSA still does not show 40 qualifying quarters, the household will be responsible for repaying the benefits issued in error.

NOTE: quarters attributed from a spouse cannot be counted if the individual divorced the spouse prior to the most recent certification for TANF/PaS.

4. INDIVIDUALS WHO ARE NOT U.S. CITIZENS OR NATIONALS BUT ARE POTENTIALLY ELIGIBLE FOR STATE FUNDED TANF/PaS

An individual who is not a citizen or national of the United States must present proof of immigration registration from the U.S

ued in error.

NOTE: quarters attributed from a spouse cannot be counted if the individual divorced the spouse prior to the most recent certification for TANF/PaS.

4. INDIVIDUALS WHO ARE NOT U.S. CITIZENS OR NATIONALS BUT ARE POTENTIALLY ELIGIBLE FOR STATE FUNDED TANF/PaS

An individual who is not a citizen or national of the United States must present proof of immigration registration from the U.S. Citizenship and Immigration Services (USCIS), Department of Justice (DOJ) or other documents indicating the individual's qualifying noncitizen status.

a) Acceptable Verification

i. A data match with the United States Department of Homeland Security (DHS) or electronic verification through the Department of Justice (DOJ), Executive Office for

Immigration Review (EOIR) are the controlling verification types. Should there be a discrepancy between the data match and the status attested to by the individual. The Department shall—

a. Use the status verified through the data match for all eligibility determinations; and

b. Provide the individual with contact information to resolve the conflict with DHS.

ii. In instances that a particular status type cannot be verified through a data match with DHS or DOJ, “Supplemental Verifications” may be provided to aid in the data match verification process. All requests for verification will be made in writing in accordance with the “Verification and Documentation” standards as defined in Chapter I, Section D (5).

a. Supplemental Verification serves two purposes:

1. These documents may aid the Department in securing required data matches.

2. In instances where a response from DHS indicates that DHS cannot yet provide a definitive result due to technical error, the Department shall honor the attested to status on the supplemental verification until such time that a data match response is received from DHS or DOJ.

lemental Verification serves two purposes:

1. These documents may aid the Department in securing required data matches.

b. Unless detailed otherwise within the type below, Supplemental Verification is the most current version of a letter or other document from DHS, DOJ or a signed affidavit from an attorney that includes-

1. a statement that the individual has applied for or been granted a noncitizen status,

2. this individual’s full name, and

3. at least one of the following:

(a) the individual’s social security number,

(b) the individual’s immigration related A-Number,

(d) the individual's date of birth.

b) Individuals with the following non-citizen types are potentially eligible for state funded TANF/PaS:

i. Any individual with a non-citizen type as described in Subsection 3(b)(xii) through (xv) above except that they do not meet the “Special Conditions for Federally Funded TANF/PaS” described in Subsection 3(c) above.

To be potentially eligible for state funded benefits these individuals must, also meet one or more of the conditions detailed in the “Special Conditions for State Funded TANF/PaS” in Paragraph c below.

ii. Certain asylum seekers

a. Description

Individuals who have filed an application for asylum and for withholding of removal with DHS or DOJ.

b. Special Conditions

To be potentially eligible for state funded benefits these individuals must, also meet one or more of the special conditions detailed in the “Special Conditions for State Funded TANF/PaS” in Paragraph c below.

iii. Certain individuals with temporary protected status

a. Description

Individuals who have been granted and retain temporary protected status per 8 U.S.C. § 1254(a).

. Special Conditions

iii. Certain individuals with temporary protected status

a. Description

Individuals who have been granted and retain temporary protected status per 8 U.S.C. § 1254(a).

b. Special Conditions

c) Special Conditions for State Funded TANF/PaS

In addition to the requirements of Paragraph b, above, at least one of the following special circumstances must be met for individuals to be potentially eligible for state funded TANF/PaS (as indicated in their “Special Conditions” above):

i. The individual is 65 years of age or older as evidenced by any government issued document.

ii. The individual has a disabling condition

a. Description

The individual meets the definition of blind or disabled per 42 U.S.C. § 1382(c).

b. Acceptable verification of this condition is—

1. The individual receiving disability related cash or medical assistance from OFI,

2. A data match with the Social Security Administration (SSA) showing the individual is receiving disability related cash or medical assistance from them,

3. A letter or other document from SSA showing the individual is eligible for disability related medical or cash assistance, or a favorable disability determination that is dated within the past 90 days and includes the individual’s full name and either their date of birth or social security number; or

4. A favorable disability determination from Maine’s Medical Review Team.

iii. The individual or their parent cannot legally work due to a required waiting period.

a. Description

lity related medical or cash assistance, or a favorable disability determination that is dated within the past 90 days and includes the individual’s full name and either their date of birth or social security number; or

4. A favorable disability determination from Maine’s Medical Review Team.

iii. The individual or their parent cannot legally work due to a required waiting period.

a. Description

1. The individual is subject to and within a required waiting period before they can apply for an Employment Authorization Document (EAD),

2. The individual is eligible for an EAD and has applied for it, but has not received it, or

3. The individual is under 18 years of age and one or more of their parents in their household meets (1) or (2) above.

b. Acceptable verification of this condition is—

1. A data match with DHS or EOIR showing that the individual is subject to and within a waiting period to apply for an EAD;

2. A data match with DHS showing that the individual has applied for Employment Authorization, but it has not yet been approved; or

3. Verification that the individual is an asylum seeker (See Paragraph b(ii)(c) of this Subsection) and that same verification shows that the application was received recently enough that the individual is still within the waiting period to apply for an EAD.

4. For a child under 18 years of age verification also includes either—

(a) a birth certificate or adoption record naming the person verified as eligible as the individual’s parent, or

sylum seeker (See Paragraph b(ii)(c) of this Subsection) and that same verification shows that the application was received recently enough that the individual is still within the waiting period to apply for an EAD.

4. For a child under 18 years of age verification also includes either—

(a) a birth certificate or adoption record naming the person verified as eligible as the individual’s parent, or

(b) a signed affidavit from the person verified as eligible that the child is theirs.

iv. The individual or their parent was issued an EAD but is currently unemployed

a. Description

1. The individual was issued an EAD but has not found employment;

2. The individual was issued an EAD and lost all forms or employment; or

3. The individual is under 18 year of age and one or more of their parents in the household fits (1) or (2) above.

b. Acceptable verification of this condition is verification of the end of any known employment consistent with Chapter I, Section D(5)(a) and Chapter IV, Section E(1), and—

1. Prior information in the OFI system that the individual received EAD, or

2. A data match with DHS showing that the individual received an EAD.

3. For a child under 18 years of age verification also includes either—

(a) a birth certificate or adoption record naming the person verified as eligible as the individual’s parent, or

(b) a signed affidavit from the person verified as eligible that the child is theirs.

v. The individual’s household is experiencing the effects of domestic violence

a. Description

One or more members of the household are dealing with the effects of domestic violence including—

1. Physical acts/threats of physical injury,

2. Sexual abuse or assault of a child or caretaker of a child, or

3. Psychological effects of the abuse.

b. Acceptable verification of this condition is a letter or other document that indicates the household member is experiencing domestic violence or the effect thereof from:

(a) DHS,

(b) a court,

estic violence including—

1. Physical acts/threats of physical injury,

2. Sexual abuse or assault of a child or caretaker of a child, or

3. Psychological effects of the abuse.

b. Acceptable verification of this condition is a letter or other document that indicates the household member is experiencing domestic violence or the effect thereof from:

(a) DHS,

(b) a court,

(d) a governmental child or adult protective agency,

(e) a licensed social worker,

(f) a medical professional, or

(g) A sworn statement from the applicant or recipient may be provided, or a department issued form can be completed, attesting to the circumstances that provide the basis for the exception. Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided statements or forms.

5. PROCESSING PROCEDURES

a) General Rules

i. Citizenship, noncitizen status, and the special conditions described in this section must be verified at application or any time a change in these factors is reported by the household or a third party.

ii. The status of any noncitizen must, ultimately, be verified through a data match.

iii. The same Verification and Documentation, Time and Processing Standards, and Application Notification that apply to all other aspects of application or change reporting also apply to citizenship, noncitizen status, and the special conditions described in this section. These standards can be found in Chapter 1, Section D(5) through (7).

iv. Citizenship, noncitizen status and the special conditions described in this section only need to be verified for individuals attesting that such factors make them potentially eligible for benefits. Individuals who state their noncitizen status makes them ineligible do not need to have their status verified. Other information, such as their income or assets may need to be verified.

v. The presence of an ineligible member in the household does not preclude eligible members from receiving TANF/PaS

verified for individuals attesting that such factors make them potentially eligible for benefits. Individuals who state their noncitizen status makes them ineligible do not need to have their status verified. Other information, such as their income or assets may need to be verified.

v. The presence of an ineligible member in the household does not preclude eligible members from receiving TANF/PaS. The countable portion of their income or assets may render the remaining members ineligible. (See Chapter II, Section B(1)(c) and Chapter IV, Sections A, C, D(5), and E(4)(b).)

b) Processing

i. Applicants and recipients are encouraged to provide the following at application or anytime they experience a change in citizenship or noncitizen status or special conditions described in this section:

a. a declaration of their citizenship or noncitizen status and any special conditions described in this section,

b. Their full name and date of birth (citizens naturalized after their date of birth are encouraged to provide their date of naturalization as well) and at least one of the following enumerators:

1. For citizens and noncitizen nationals—

(a) a social security number, or

(b) naturalization/citizenship number.

2. For noncitizens—

(a) an immigration related A-Number,

(b) an 1-94 number,

(d) a passport number from a foreign passport and the name of the issuing country,

(e) a U.S. Visa number,

(f) a Student and Exchange Visitor Information System (SEVIS) number, or

nd noncitizen nationals—

(a) a social security number, or

(b) naturalization/citizenship number.

2. For noncitizens—

(a) an immigration related A-Number,

(b) an 1-94 number,

(d) a passport number from a foreign passport and the name of the issuing country,

(e) a U.S. Visa number,

(f) a Student and Exchange Visitor Information System (SEVIS) number, or

(g) Any documentation that would serve as acceptable or supplemental verification of the declared citizenship, noncitizen status or special conditions as defined in Sections 3 and 4 above for the respective declaration of status or special conditions.

ii. At initial application or a reported change in citizenship, noncitizen status or special conditions the Department shall verify that the individual has provided the items detailed in Subparagraph i above.

iii. If the individual states that they are a citizen or national of the United States the following processes apply:

a. If their status was previously verified with OFI, it is verified;

b. If they provide Acceptable Verification, their status is verified;

c. If they were not previously known to OFI and they do not provide Acceptable Verification the following processes apply:

1. If they do not provide their full name, the date they became a citizen or national, and a social security number:

(a) Their status is not verified; and

(b) The Department shall request this information and documentation in writing.

le Verification, their status is verified;

c. If they were not previously known to OFI and they do not provide Acceptable Verification the following processes apply:

1. If they do not provide their full name, the date they became a citizen or national, and a social security number:

(a) Their status is not verified; and

(b) The Department shall request this information and documentation in writing.

(i) If they provide documentation, their status is verified.

(ii) If they provide their full name, the date they became a citizen or national, and a social security number or naturalization/citizenship number to the steps outlined in 2 below apply.

(iii) If they do not timely provide documentation or their full name, the date they became a citizen or national, and a social security number or naturalization/citizenship number, they are ineligible for failure to provide required documentation.

2. If they provide their full name, the date they became a citizen or national, and a social security number or naturalization/citizenship number—

(a) their status is temporarily honored; and

(b) the Department shall attempt a data match to verify their status indefinitely.

(i) If the data match is successful, their status is verified.

(ii) If the data match is not successful, the Department shall request documentation from the individual in writing.

If documentation is provided, the status is verified.

If documentation is not provided timely the individual is ineligible for failure to provide required documentation.

d. If they were previously known to OFI and had declared citizenship, but it had not been verified and they do not provide documentation, the Department shall request documentation from the individual in writing.

1) If documentation is provided, the status is verified.

2) If documentation is not provided timely the individual is ineligible for failure to provide required documentation.

iv. If the individual states they are an eligible non-citizen other than a non-citizen national, the following processes apply:

vide documentation, the Department shall request documentation from the individual in writing.

1) If documentation is provided, the status is verified.

2) If documentation is not provided timely the individual is ineligible for failure to provide required documentation.

iv. If the individual states they are an eligible non-citizen other than a non-citizen national, the following processes apply:

a. If the only acceptable verification of their status and/or special conditions is a data match the following processes apply to those elements.

1. If the individual has not provided their name, date of birth, and at least one enumerator listed in Subparagraph i(b)(2) above, the Department shall request them and any Acceptable or Supplemental Verification in writing.

(a) If they provide at least their name, date of birth and an enumerator, the appropriate steps per 2 below apply.

(b) If they do not provide at least their name, date of birth and an enumerator timely, they are ineligible for failure to provide required verifications.

2. If the individual provides their name, date of birth, and at least one enumerator listed in Subparagraph i(b)(2) above, the Department shall attempt a data match to verify their status and special conditions.

(a) If the data match supports the declaration(s) of status and special conditions they are verified until a change is reported.

(b) If the data match with DHS does not support the declared noncitizen status or special conditions, the Department shall request documentary verification from the individual in writing (if it has not yet been provided or requested) and attempt subsequent data matches.

(a) If the data match supports the declaration(s) of status and special conditions they are verified until a change is reported.

(i) If at any point the data match supports the declaration(s) of status and special conditions they are verified until a change is reported.

(ii) If the data match reflects the attested status and conditions but shows a subsequent change of status and/or conditions, the most recent status and conditions reflected in the data match are verified until a change is reported.

(iii) If the household refuses or fails to provide verification timely, the individual is ineligible for failure to provide required documentation.

(c) If documentary verification has been provided, the Department shall attempt a data match in a period not to exceed 7 calendar days from the date the documentary verification is received by the Department. The attested status or special conditions are honored until such time that the data match provides the Department with a response based on the documentary verification provided by the applicant. If otherwise eligible, benefits will be granted until the data match response is received.

b. Special process for declarations that must or can be verified through means other than a data match or documentation (e.g. Individuals who have been subject to severe forms of trafficking).

The Department shall attempt to secure Acceptable Verifications via phone, fax, or other methods prescribed by the verifying agency.

1. If Acceptable Verification is provided, the declaration is verified.

2. If the agency verifies that the declaration is not applicable, the lack of status or special consideration is verified.

.g. Individuals who have been subject to severe forms of trafficking).

The Department shall attempt to secure Acceptable Verifications via phone, fax, or other methods prescribed by the verifying agency.

1. If Acceptable Verification is provided, the declaration is verified.

2. If the agency verifies that the declaration is not applicable, the lack of status or special consideration is verified.

3. If additional information is needed to secure verification, the Department shall request it and any related documentation from the individual in writing.

(a) If the necessary information is provided, the Department will attempt to secure the verification again.

(b) If the necessary information is not provided timely, the individual is ineligible for failure to provide required verification.

SOCIAL SECURITY NUMBER

All individuals applying for or receiving TANF/PaS must furnish the agency with a Social Security Number or proof of application for a Number. The Social Security Number must be furnished to the department when it has been received.

When an individual fails to apply for a Social Security Number or furnish the Number when received, the individual is not eligible. The individual’s income, assets, and needs, will be excluded.

When the individual is a stepparent, they are an “excluded stepparent” for eligibility purposes. The individual’s income, assets, and needs, will be excluded. (See Ch. III.)

When none of the children has a Social Security Number, or has not made application for one, the household is ineligible. There are no eligible children.

RELATIONSHIP AND MAINTENANCE OF A HOME

(1) In order to be eligible for TANF/PaS, a child must be living with a specified relative, as provided by subsection (a) below, and living in a home maintained by that specified relative; and both elements must be expected to continue at least 30 days beyond the date of application.

cation for one, the household is ineligible. There are no eligible children.

RELATIONSHIP AND MAINTENANCE OF A HOME

(2) Relationship:

a) Only “specified relatives,” people with the following relationships to the child, may apply for and receive assistance on behalf of the child:

i. Biological, legal, adoptive, and step- fathers, mothers, siblings, and half siblings;

a. For purposes of subsection (i), above, the legal guardian(s) of a child as well as an “Indian custodian” as defined in the Indian Child Welfare Act of 1978, 25 U.S.C. §1903 (6) are included within the category “legal” for purposes of qualifying as “specified relatives”.

b. The spouses of any of the above persons, except those detailed in subsection i (a), above, even if the marriage has been terminated by death or divorce;

ii. Biological, legal, adoptive, and step grandparents, uncles, aunts, first cousins, and the spouses thereof even if the qualifying marriage has been terminated by death or divorce (see chart in Appendix page 5);

iii. Biological, legal, adoptive, and step great and great-great grandparents, great and great-great uncle or aunt, first cousins once removed, nephews and nieces;

iv. Minor Parent: If the applicant-child’s parent is a minor, and the minor is not maintaining a home for the child according to 3 (b), below, the specified relative must be the minor parent’s adult specified relative as provided in sections a (i-iii), above, or the representative of a certified, state-approved, adult-supervised supportive living arrangement providing food, shelter, counseling, supervision, and guidance to the minor parent. A child whose minor parent is maintained by a foster care payment is not eligible for TANF/PaS if both are residing in a licensed facility

parent’s adult specified relative as provided in sections a (i-iii), above, or the representative of a certified, state-approved, adult-supervised supportive living arrangement providing food, shelter, counseling, supervision, and guidance to the minor parent. A child whose minor parent is maintained by a foster care payment is not eligible for TANF/PaS if both are residing in a licensed facility. In those instances, the foster care program must provide for the child as well as the minor parent.

b) A pregnant person who has no other children who meet the non-financial requirements of TANF/PaS in her household, starting with the sixth month of pregnancy, and whose pregnancy has been verified by a medical statement that includes the expected date of birth may be eligible for an adult-only grant.

c) Children placed with specified relatives in Maine under the Interstate Compact on Placement of Children are not eligible for TANF/PaS in Maine. The out-of-state agency that placed the children in Maine continues to be responsible for those children during the placement period.

(3) Maintenance of a Home: The specified relative is maintaining a home by providing a safe and healthy environment for the child, and by assuming the responsibility for the day-to-day care of the child, regardless of pending court decisions about legal custody.

a) Shared Custody:

i. If the child lives part of the time with each parent, the parent with whom the child lives over 50% of the time must apply for the child.

ii. If the child lives 50% of the time with each parent, either parent can apply for the child but not both.

b) Minor Parent or a Pregnant Minor: A minor parent or pregnant minor is maintaining a home within the meaning of this section only if:

i. The minor parent or pregnant minor is married; or

ii. The minor parent or pregnant minor does not live with a specified relative as provided in 2 (a) above and:

a. The minor parent or pregnant minor has no living parent;

can apply for the child but not both.

b) Minor Parent or a Pregnant Minor: A minor parent or pregnant minor is maintaining a home within the meaning of this section only if:

i. The minor parent or pregnant minor is married; or

ii. The minor parent or pregnant minor does not live with a specified relative as provided in 2 (a) above and:

a. The minor parent or pregnant minor has no living parent;

b. Neither of the minor parent or pregnant minor’s parent’s whereabouts is known;

c. Neither of the minor parent or pregnant minor’s parents will permit them to live with the parents;

d. The Department has determined that the physical or emotional health or safety of the minor parent and their child, or that of the pregnant minor, would be jeopardized if they live with the parent(s);

e. The minor parent has lived apart from their parent(s) for at least a year prior to the child’s birth; or

f. The minor parent or pregnant minor has a similar justifiable reason for not residing with either parent that has been approved by the TANF Program Manager.

Temporary absence from the home: Within five days of the date that it becomes clear to a specified relative that a child will be absent from the home for 45 days or longer, the specified relative must notify the Department of the anticipated absence of the child from the home. See (i) below. Failure to notify the Department within the specified period will result in the removal of the specified relative from the grant.

al of the specified relative from the grant.

A child who is absent from the home for 45 days or longer and the child’s specified relative remain eligible for TANF/PaS under this section if the specified relative has full responsibility for the supervision and guidance of the child, maintains a home for the child during vacation, and any delegation of authority is temporary, voluntary and revocable. The child or specified relative must return home at the completion of the reason for separation unless the separation continues for a reason below, or another similar reason:

For the child to secure education when high school facilities are not available in the area of residence or when the existing facilities do not meet the child’s educational and/or social needs;

The child is residing in a private treatment center because of physical/emotional problems;

The child is attending a specialized school for children with disabilities, provided there are no services available in the child’s own community;

The child is attending a vocational or technical school, college, or university until the child’s 18th birthday;

The specified relative or child has left the home to obtain necessary medical care for an illness; or

The child has been placed in an approved voluntary foster home by the Office of Child and Family Services and the plan is that the child will return to the home and when there is no foster care payment being made for that child.

FILING UNIT

ege, or university until the child’s 18th birthday;

The specified relative or child has left the home to obtain necessary medical care for an illness; or

FILING UNIT

(1) Mandatory Inclusion: The parent(s), siblings, and half siblings, living in the same home as the child for whom assistance is requested must be included as members of the same filing unit. When an individual is required by the operation of this rule to be in more than one unit, the units must be consolidated. A mandatory member of the filing unit shall be excluded from the assistance group in the following circumstances. The excluded member’s income and/or assets may be considered depending on the member’s relationship to the filing unit. See Chapters III and IV for detail.

a) Recipient of Supplemental Security Income (SSI): A TANF/PaS eligible individual who is also eligible for SSI or State Supplement benefits may choose to receive one or the other but may not receive both TANF/PaS and SSI/State Supplement. If the child chooses to receive SSI/State Supplement the otherwise eligible specified relative may receive TANF/PaS.

b) Receipt of Foster Care or Adoption Assistance: A TANF/PaS eligible individual who is also eligible for a Foster Care or Adoption Assistance payment, whether from federal, state or local funds, may choose to receive either TANF/PaS or foster care or adoption assistance but may not receive both. If the child chooses to receive a foster care/adoption assistance payment, the child is not considered a member of the assistance group when determining eligibility for the remaining filing unit members. The recipient of the foster care/adoption assistance payment may be the specified relative or the child.

c) Ineligible noncitizens;

d) Individuals who have been sanctioned; Section H (3) below

th. If the child chooses to receive a foster care/adoption assistance payment, the child is not considered a member of the assistance group when determining eligibility for the remaining filing unit members. The recipient of the foster care/adoption assistance payment may be the specified relative or the child.

c) Ineligible noncitizens;

d) Individuals who have been sanctioned; Section H (3) below.

e) Individuals 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 are ineligible for a period of ten years from the date of conviction;

i. This 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.

Individuals fleeing to avoid prosecution, or 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;

Individuals who violate a condition of probation or parole imposed under Federal or State law;

Strikers: Individuals participating in a strike, or who are absent from work during the strike period without good cause, on the last day of the month make the entire assistance unit ineligible. Good cause reasons for absence include:

Vacation;

Illness;

Emergency that began prior to the strike and continued into the strike period, if the absent worker intends to return to work whether or not the strike continues; or

The absent worker can prove that return to work would jeopardize their health and safety.

good cause, on the last day of the month make the entire assistance unit ineligible. Good cause reasons for absence include:

Vacation;

Illness;

Emergency that began prior to the strike and continued into the strike period, if the absent worker intends to return to work whether or not the strike continues; or

The absent worker can prove that return to work would jeopardize their health and safety.

(2) Optional Inclusion: The following household members may choose to be included in the filing unit, but are not required to be:

a) Specified relatives and their spouses who are not parents of the dependent child. When specified relatives are excluded but claim the children as dependents for income tax purposes, they have acknowledged that they meet at least half of the child’s needs. The benefit level will be determined using half of the appropriate full need standard for the child as countable unearned income.

b) Stepparents and stepsiblings if there is not a mutual child living in the same home, requiring consolidation under subsection 1), above.

c) Household members who choose to be included in the filing unit are subject to the ASPIRE-TANF requirements of Section H., below, to the same extent as if they were mandatory filing unit members.

ESTABLISHING PATERNITY AND ASSIGNMENT OF RIGHTS TO SUPPORT

(1) If there is a noncustodial parent, all applicants or recipients must cooperate with the Department in:

a) Identifying and locating the non-custodial parent, and

b) Establishing paternity, and

c) Obtaining support or any other payments, and

d) Must assign to the Department all rights of support on behalf of filing unit members from any legally responsible relative who is absent from the home. This includes any support accrued at the time of the assignment.

(2) As a condition of eligibility, the specified relative must forward to the Department any alimony or child support payments received from the non-custodial parent, beginning the date of the first regular TANF/PaS benefit.

of support on behalf of filing unit members from any legally responsible relative who is absent from the home. This includes any support accrued at the time of the assignment.

(3) If an applicant or recipient specified relative fails to cooperate with the requirements of this section, the specified relative will be removed from the TANF/PaS grant, and the grant amount will be reduced by the assessed needs of the specified relative or 25% of the grant amount, whichever is greater.

a) If a sanction is applied under this section, eligibility will be determined for the remaining filing unit members, and the TANF/PaS payment will be made to a third party. If there is no appropriate person to act as payee, the payment will continue to be issued to the sanctioned specified relative. The sanction remains in place until the individual complies.

b) Exceptions: Unless the sanction is for failure to comply with subsection 2) of this section (above), the specified relative shall be given the opportunity to claim good cause, orally or in writing, for refusing to cooperate. Good cause can be requested at any time. The Department will investigate claims of good cause per the procedures established in this subsection, and sanctions will not be applied nor benefits withheld while a good cause decision by the Department is pending.

ection (above), the specified relative shall be given the opportunity to claim good cause, orally or in writing, for refusing to cooperate. Good cause can be requested at any time. The Department will investigate claims of good cause per the procedures established in this subsection, and sanctions will not be applied nor benefits withheld while a good cause decision by the Department is pending.

i. Conditions for Good Cause: The following are the conditions under which Good Cause may be granted:

The child was conceived as a result of sexual assault:

Legal proceedings for adoption of the child are pending before a court:

For less than three months, the individual has been assisted by a licensed social service agency to decide whether to place the child for adoption; or

The individual or the child is a victim of domestic violence, which includes physical injuries or the psychological effects of abuse, or cooperation would result in physical or emotional harm to the child or other family member.

Evidence to support a claim of good cause: The Department will make a good cause determination without further investigation if a claim of good cause is supported with one of the following documents:

Birth certificates, medical or law enforcement records that indicate the child was conceived as a result of sexual assault;

Court documents or other records indicating that legal proceedings for adoption are pending before a court;

A written statement from a licensed social service agency showing that the applicant or recipient is being assisted in deciding whether to place the child for adoption;

Court, medical, law enforcement, child protective, social services (including domestic violence shelters), psychological, or other records indicating that a non-custodial parent or putative father might inflict physical or emotional harm on the child or specified relative; or

Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances that provide the basis for the good cause claim

child protective, social services (including domestic violence shelters), psychological, or other records indicating that a non-custodial parent or putative father might inflict physical or emotional harm on the child or specified relative; or

Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances that provide the basis for the good cause claim.

A sworn statement from the applicant or recipient may be provided or a department issued form can be completed attesting to the circumstances that provide the basis for the good cause claim. Supporting documentation may be required if articulable doubt exist regarding the credibility of the provided statements or forms.

iii. Determination of good cause will be made only if the evidence provided by the applicant/recipient and/or the investigation of the agency confirms that to cooperate may result in physical or emotional harm to one or more of the household member(s). The Department’s decision on good cause will:

Be in writing,

b. Contain the agency’s findings and basis of determination,

c. Be entered into the TANF/PaS record, and

d. Be made within 45 days, unless case record documentation indicates that the Department needs additional time because information required to verify the claim cannot be obtained within the time standard or because the claimant did not provide corroborative evidence within 20 days from the day in which the claim was made.

ASPIRE-TANF

Each TANF/PaS specified relative applicant and recipient of TANF/PaS, who is not exempt per subsection (2), below, must participate in ASPIRE and comply with the requirements of that program. Individuals who are exempt may participate on a voluntary basis, and will not be subject to sanction for failing to comply.

Exemptions: Applicants and recipients are exempt from ASPIRE participation if they satisfy one or more of the requirements of this subsection

of TANF/PaS, who is not exempt per subsection (2), below, must participate in ASPIRE and comply with the requirements of that program. Individuals who are exempt may participate on a voluntary basis, and will not be subject to sanction for failing to comply.

Exemptions: Applicants and recipients are exempt from ASPIRE participation if they satisfy one or more of the requirements of this subsection. The Department will review any previously established exemption at every recertification, as a part of the regular eligibility redetermination.

An applicant or recipient who is the only custodial parent of a child under one year of age and is personally providing care for that child, except that this exemption may be claimed for no more than a total of 12 months per custodial parent or specified relative in a lifetime. An applicant or recipient may elect not to claim the exemption, and if the recipient does not elect this exemption, they must participate in ASPIRE-TANF and comply with the requirements of the program.

Specified relatives under 20 years of age who have not completed high school or its equivalent may not claim this exemption, and they must attend courses to complete high school, with an emphasis on education in a traditional high school setting.

An applicant or recipient who is a VISTA volunteer under the federal Domestic Volunteer Service Act of 1973;

An applicant or recipient specified relative who is needed in the home to care for a disabled family member living in the household, provided that the disabled family member is not a full-time student. The need for the TANF/PaS recipient to care for the disabled family member must be verified at least annually through statements by an acceptable medical or mental health source; or

d) An applicant or recipient specified relative who receives Social Security Disability Insurance (SSDI) benefits

ily member living in the household, provided that the disabled family member is not a full-time student. The need for the TANF/PaS recipient to care for the disabled family member must be verified at least annually through statements by an acceptable medical or mental health source; or

d) An applicant or recipient specified relative who receives Social Security Disability Insurance (SSDI) benefits.

Sanctions: When an individual required by this section to participate in ASPIRE has failed without good cause to participate in or comply with the regulations of the ASPIRE-TANF program, to sign the Family Contract Amendment or to abide by its provisions, to accept employment, or if the individual has voluntarily terminated employment, or voluntarily reduced earnings, the Department will apply a sanction in accordance with this section.

a) Benefits to the individual will be terminated until the failure to comply ceases. If eligible, benefits for the remainder of the family members may continue.

When both specified relatives are required to participate in ASPIRE, each must comply with ASPIRE-TANF, each will be sanctioned separately for failure to comply when called upon to participate.

Prior to a sanction, the adult recipient shall be provided an opportunity to show good cause for non-compliance. The recipient must demonstrate and verify to ASPIRE-TANF that good cause exists, and no sanction will be issued if the Department determines that the recipient had good cause for noncompliance, under the ASPIRE-TANF Program Rules.

d) Restoring Benefits: Prior to restoration of benefits, the adult(s) or minor parent head(s) of household must sign a new Family Contract Amendment and verify compliance with the provisions of that contract. The Department must also verify compliance with ASPIRE before closing the sanction. Benefits will be reinstated when the sanction is closed.

e) The beginning date of a sanction is the date that the Department issues the notice of adverse action.

s, the adult(s) or minor parent head(s) of household must sign a new Family Contract Amendment and verify compliance with the provisions of that contract. The Department must also verify compliance with ASPIRE before closing the sanction. Benefits will be reinstated when the sanction is closed.

e) The beginning date of a sanction is the date that the Department issues the notice of adverse action.

(4) Good Cause for failure to comply with ASPIRE-TANF rules include the following:

a) Illness or advanced age of the participant, or illness or incapacity of a household member that requires the participant to provide care in the home. Verification by a physician may be required.

b) Court-required appearance or incarceration.

c) A crisis, special circumstances, or other reason that the Department determines to be Good Cause that causes an individual to be absent from or discontinue a Department activity, about which the Department has been advised, including lack of transportation or childcare necessary for participation when the individual does not have a reasonable alternative to enable the individual to participate.

If an individual has access to transportation that is reasonable under the circumstances through any program at the Department, the individual is ineligible to receive Good Cause based on lack of transportation.

d) Inability to participate due to domestic violence when the individual is unable to participate because of physical injuries or the psychological effects of abuse; because of legal proceedings, counseling or other 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. 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 the victim of domestic violence; or

dividual’s participation; because the location puts the individual at risk; or for other Good Cause related to domestic violence. 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 the victim of domestic violence; or

ii. sworn statements from persons other than the individual with knowledge of the circumstances affecting the individual; or

iii. visual observation by ASPIRE-TANF staff of physical injuries.

(5) Good Cause Procedure:

When a participant is notified that they failed to comply with ASPIRE-TANF rules and they claim, either orally or in writing, within five working days of receiving the notification, that they have Good Cause, the Department or the Department’s representative shall offer to meet with the participant.

a) The Department or the Department’s representative will schedule a meeting with the participant. A meeting will be scheduled by:

i. The Department or the Department’s representative contacting the participant by phone and agreeing on a location, date and time which is at least five days from the date of the phone contact; or

ii. A written scheduling notice mailed to the participant, when phone attempts for scheduling are unsuccessful. A written scheduling notice will be mailed to the participant a minimum of seven calendar days prior to the meeting date.

The meeting may be conducted by phone, as scheduled a minimum of five days in advance.

b) Meeting Requirements:

The Department or Department’s representative will:

i. Present a notice describing Good Cause and the participant’s rights to request Good Cause; and

ii. Verbally explain to the participant the reasons for which Good Cause may be granted and the participant’s right to apply for Good Cause verbally or in writing; and

iii. Provide an opportunity for the participant to request Good Cause either wholly or in part.

Department’s representative will:

i. Present a notice describing Good Cause and the participant’s rights to request Good Cause; and

ii. Verbally explain to the participant the reasons for which Good Cause may be granted and the participant’s right to apply for Good Cause verbally or in writing; and

iii. Provide an opportunity for the participant to request Good Cause either wholly or in part.

iv. Make a written record of the meeting including documenting that the participant was given the notice describing Good Cause, the opportunity to request Good Cause and the participant’s reason for requesting Good Cause.

c) Meeting Result:

i. The Department’s representative shall make a recommendation on the participant’s request for Good Cause, including the basis for the recommendation, in writing.

ii. The Department shall issue a final determination notice approving or denying, wholly or in part, the participant’s request for Good Cause. This notice will include the reasons for the Good Cause decision and the participant’s right to a fair hearing.

iii. The Department may deny Good Cause if the participant fails to attend the scheduled meeting under Subparagraph a above.

A. ASSETS

All assets owned whole or in part by the filing unit members must be evaluated for ownership, accessibility and value. All assets are counted unless specifically excluded by rule. The asset limit is $10,000.

Types of assets:

Liquid Assets: Liquid assets are those that are readily available such as cash, crypto-currency, bank accounts, Certificates of Deposit, lump sum paymentsstocks or bonds, individual retirement accounts, and annuities.

Nonliquid Assets: Nonliquid assets include vehicles, buildings, land, recreational property and the like. Money obtained through the conversion of a non-liquid asset to a liquid asset is considered an asset (such as sale of marital property).

Potential Assets: Potential assets are those that are obtainable but not readily available

ntsstocks or bonds, individual retirement accounts, and annuities.

Nonliquid Assets: Nonliquid assets include vehicles, buildings, land, recreational property and the like. Money obtained through the conversion of a

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