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TANF Structure of the Assistance Unit - Oklahoma

This topic discusses the rules governing whose needs can be included in the Assistance Unit, the group of children and adults receiving assistance under the Temporary Assistance for Needy Families (TANF) program.

You may read this topic sequentially, or jump to a specific section by following the links below:

· Mandatory Inclusion

· Possible Inclusion

· Mandatory Exclusion

· Temporary Absence from the Home

· TANF eligibility if child placed in out-of-home care

Mandatory Inclusion

Individuals whose needs must be included in the assistance unit, unless otherwise excluded in accordance with the Mandatory Exclusion rules, are:

· at least one Temporary Assistance for Needy Families (TANF) eligible child;

· the natural or adoptive parent(s); and

· all blood-related minor siblings living in the home with the TANF eligible child(ren), including half-brothers and half-sisters unless eligibility for the half-brothers and half-sisters does not exist.

This does not apply to siblings of a minor parent when the minor parent is the adult in the assistance unit.

Possible Inclusion

Individuals whose needs may be included are:

· the caretaker relative-payee other than the natural or adoptive parent(s) with whom the child(ren) resides, if this individual meets the definition of needy and is of the specified degree of relationship. A caretaker other than stepparent may be included in the assistance unit only when the natural or adoptive parent(s) is absent from the home. A stepparent may be included in the assistance unit when the natural or adoptive parent(s) is incapacitated or absent;

· the caretaker relative or the natural or adoptive parent when the only dependent child(ren) residing in the home:

o receives Supplemental Security Income (SSI); or

o has been removed from the home by a child protection action and the plan for the child(ren) is impending reunification;

· the caretaker relative when the only child(ren) in the home receives federal or state foster care maintenance payments;

· the adoptive parent(s) when the only dependent child(ren) receives a Title IV-E or state adoption subsidy; or

· a child(ren) of the proper degree of relationship to the adult in the home who are not blood-related siblings to the child(ren) in the assistance unit.

Mandatory Exclusion

Individuals whose needs may not be included are:

· an individual who has received a State Supplemental Payment (SSP) for the same month;

· an individual who has received or is included in an SSI payment for the same month;

· the spouse of the payee if the payee is not the natural or adoptive parent;

· a child(ren) who is receiving foster care;

· an adopted child(ren) receiving an adoption subsidy;

· an alien who is not legally admitted to the U.S. for permanent residence or does not meet alien age requirements;

· a caretaker other than a stepparent when the natural or adoptive parent is in the home;

· an individual whose period of ineligibility due to receipt of a lump sum payment has not expired;

· a stepparent when the natural or adoptive parent is in the home and not incapacitated;

· an individual in a household that is eligible to receive benefits under a Tribal TANF program;

· a child(ren) born to a recipient after ten months from the date of application. Any such child(ren) is not eligible for the parent to receive cash benefits but is eligible for the parent to receive a non-cash voucher in the incremental amount the cash benefits would have been increased had the child(ren) been eligible for cash benefits. This voucher is issued for items of necessity for newborns until the age of 36 months. If a recipient gives birth to an additional child(ren) during the period in which the family is eligible for benefits or during a temporary penalty period of ineligibility, the increase in the amount of benefits is issued as a voucher. A child(ren) born within ten months of application is not considered an additional child(ren) for this provision. The first child(ren) born after ten months from the date of application to a minor child(ren) of an applicant or a recipient family is not considered an additional child(ren) for this provision and is added to the cash payment. Any subsequent child(ren) born to a minor child(ren) is considered an additional child(ren) who is added for voucher benefits for the first 36 months of age;

· a fugitive felon;

· probation and parole violators;

· an individual convicted of having fraudulently misrepresented residence in order to obtain assistance in more than one state. The individual is ineligible for a ten year period that begins on the date of conviction;

· a family that includes a head-of-household or a spouse of the head-of-household who has received TANF benefits for a total of 60 cumulative months whether or not consecutive; or

· a minor unmarried payee who has a dependent child(ren) in the minor's care and does not reside with a parent(s), legal guardian, or other adult relative age 18 or older. For the minor payee to be eligible for TANF benefits, the minor must live with the minor's natural or adoptive parent(s) or a stepparent, legal guardian, or other adult relative age 18 or older, or live in a foster home, maternity home, or other supportive living arrangement supervised by an adult. A supportive living arrangement is where a private family setting is maintained and an adult assumes the responsibility for the care and control of the minor and the minor's dependent child(ren) or provides supportive services such as counseling and guidance. The minor payee can reside elsewhere and be eligible for TANF if good cause is established because the:

o minor has no living parent or legal guardian whose whereabouts are known;

o parent(s), legal guardian, or other adult relative does not allow the minor to live in the home;

o physical or emotional health or safety of the minor or the minor's dependent child(ren) is jeopardized if the minor or the minor's dependent child(ren) lives in the home with the parent(s), legal guardian, or other adult relative age 18 or older;

o minor parent has lived apart from the minor's parent(s), legal guardian, or other adult relative age 18 or older, for at least one year before the birth of any dependent child(ren), or before the minor applied for benefits; or

o minor parent is legally emancipated pursuant to Chapter 4, Title 10 of the Oklahoma Statutes. For a minor to be legally emancipated, the district court must have granted the minor the authority to act on the minor's own behalf.

Temporary Absence from the Home

In general, when an individual whose requirements are included in a TANF assistance unit is temporarily absent from the home for the purpose of receiving training or education for employment, or certain medical services, he or she is considered part of the family and the budgetary requirements are not changed unless needs change by reason of circumstances unrelated to the temporary absence.

Groups of individuals temporarily absent from the home but included in the assistance unit are:

· individuals receiving training or education for employment during the period of time the training or educational activities are taking place;

· a child(ren) attending boarding school during the school term;

· a child(ren) absent from the home on visitation to the absent parent up to a maximum of three months. This consideration applies only to visitation and does not apply if the absent parent has physical and legal custody of the child(ren) during these three months;

· a child(ren) absent, in order to attend school, other than boarding school. Factors considered in making this determination include the maintenance of normal ties between home and the child(ren) during the period of absence; whether the child(ren) continues under the control and guidance of the payee during the absence; and assumption of responsibility by the relative-payee for meeting the child's expenses during the school term. A child(ren) who attends the School for the Blind or the School for the Deaf is considered temporarily absent from the home in determining TANF eligibility;

· individuals absent from the home because of entrance into a private facility for counseling, rehabilitation, behavioral problems, or special training. If an assessment indicates care is projected for a period exceeding four months, the absence is not considered temporary. At any time an absence is determined as not temporary or no longer temporary, the needs of the individual cannot be included in the case;

· individuals absent from the home for medical services, other than institutionalization for treatment of mental illness, mental retardation, or tuberculosis, for up to six months. Six-month extensions may be allowed when verification indicates the individual may return to the home within the next six months;

· individuals absent from the home to receive substance abuse treatment for up to four months. A four month extension may be allowed when verification indicates the individual will return to the home within the next four months; or

· individuals absent from the home to receive nursing care approved by the Oklahoma Health Care Authority, Level of Care Evaluation Unit. If it appears that this individual may be disabled, an application for a State Supplemental Payment is taken and a referral made to the Social Security Administration district office for an SSI application.

NOTE: A change in benefit is not made during a temporary absence from the state for three months or less, unless a change is necessary by reason of some change in circumstances not relating to such absence from the state.

TANF eligibility when the child(ren) is placed in out-of-home care.

When the child(ren) is removed by a child protection action and it is reasonably anticipated the child(ren) will return to the home within four months, the natural or adoptive parent or needy caretaker relative continues to be eligible for TANF, if other conditions of eligibility are met.

A team consisting of the social services specialist, the child welfare worker, the natural or adoptive parent or needy caretaker relative, and any other appropriate partner(s) must meet to develop a mutually agreed upon plan of action.

This plan addresses employability and strategies to correct the conditions which caused the child(ren) to be removed from the home.