# 45 CFR § 286.40: May a Tribe use the Tribal Family Assistance Grant to fund IDAs ?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-45-286.40

## Section

- **Citation:** 45 CFR § 286.40
- **Heading:** May a Tribe use the Tribal Family Assistance Grant to fund IDAs ?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 45—Public Welfare > Subtitle B—Regulations Relating to Public Welfare > CHAPTER II—OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES > PART 286—TRIBAL TANF PROVISIONS > Subpart B—Tribal TANF Funding

## Text

(a) If the Tribe elects to operate an IDA program, it may use Federal TANF funds or WtW funds to fund IDAs for individuals who are eligible for TANF assistance and may exercise flexibility within the limits of Federal regulations and the statute.
(b) The following restrictions apply to IDA funds:
(1) A recipient may deposit only earned income into an IDA.
(2) A recipient's contributions to an IDA may be matched by, or through, a qualified entity.
(3) A recipient may withdraw funds only for the following reasons:
(i) To cover post-secondary education expenses, if the amount is paid directly to an eligible educational institution;
(ii) For the recipient to purchase a first home, if the amount is paid directly to the person to whom the amounts are due and it is a qualified acquisition cost for a qualified principal residence by a qualified first-time buyer; or
(iii) For business capitalization, if the amounts are paid directly to a business capitalization account in a federally insured financial institution and used for a qualified business capitalization expense.
(c) To prevent recipients from withdrawing funds held in an IDA improperly, Tribes may do the following:
(1) Count withdrawals as earned income in the month of withdrawal, unless already counted as income,
(2) Count withdrawals as resources in determining eligibility, or
(3) Take such other steps as the Tribe has established in its Tribal plan or written Tribal policies to deter inappropriate use.

## Nearby sections

- [45 CFR § 286.1 § 286.1 What does this part cover?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.1.md)
- [45 CFR § 286.5 § 286.5 What definitions apply to this part?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.5.md)
- [45 CFR § 286.10 § 286.10 What does the term “assistance” mean?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.10.md)
- [45 CFR § 286.15 § 286.15 Who is eligible to operate a Tribal TANF program?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.15.md)
- [45 CFR § 286.20 § 286.20 How is the amount of a Tribal Family Assistance Grant (TFAG) determined?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.20.md)
- [45 CFR § 286.25 § 286.25 How will we resolve disagreements over the State-submitted data used to determine the amount of a Tribal Family Assistance Grant?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.25.md)
- [45 CFR § 286.30 § 286.30 What is the process for retrocession of a Tribal Family Assistance Grant?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.30.md)
- [45 CFR § 286.35 § 286.35 What are proper uses of Tribal Family Assistance Grant funds?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.35.md)
- [45 CFR § 286.40 § 286.40 May a Tribe use the Tribal Family Assistance Grant to fund IDAs ?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.40.md)
- [45 CFR § 286.45 § 286.45 What uses of Tribal Family Assistance Grant funds are improper?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.45.md)
- [45 CFR § 286.50 § 286.50 Is there a limit on the percentage of a Tribal Family Assistance Grant that can be used for administrative costs?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.50.md)
- [45 CFR § 286.55 § 286.55 What types of costs are subject to the administrative cost limit on Tribal Family Assistance Grant funds?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.55.md)
- [45 CFR § 286.60 § 286.60 Must Tribes obligate all Tribal Family Assistance Grant funds by the end of the fiscal year in which they are awarded?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.60.md)
- [45 CFR § 286.65 § 286.65 How can a Tribe apply to administer a Tribal Temporary Assistance For Needy Families (TANF) Program?](https://www.frixlaw.com/law-library/statutes/ecfr-45-286.65.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-45-286.40. Check the current official text before relying on it. Not legal advice.