TANF is a cash assistance program for minor children who are needy as determined by Division standards and who are:

Living in the home of a parent or specified relative.

Purpose of Delaware's Welfare Reform Plan, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES is Delaware's plan to transform its welfare system. The State and the family have mutual responsibilities. The State will create positive incentives for the family to become self-sufficient. The family must accept responsibility to become self-sufficient and self-supporting. There are five key principles that form the plan's foundation. They are:

1. WORK SHOULD PAY MORE THAN WELFARE;

2. WELFARE RECIPIENTS MUST EXERCISE PERSONAL RESPONSIBILITY IN EXCHANGE FOR BENEFITS;

3. WELFARE SHOULD BE TRANSITIONAL, NOT A WAY OF LIFE;

4. BOTH PARENTS ARE RESPONSIBLE FOR SUPPORTING THEIR CHILDREN; and

5. THE FORMATION AND MAINTENANCE OF TWO-PARENT FAMILIES SHOULD BE ENCOURAGED, AND TEENAGE PREGNANCY AND UNWED MOTHERHOOD SHOULD BE DISCOURAGED.

The purpose of the following policies is to outline the manner in which the Division of Social Services intends to carry out this vision of its welfare reform plan.

The Temporary Assistance For Needy Families (TANF) program is a capped Federal Block Grant made available to the states to provide cash assistance to needy families. The amount of funds available to each state is determined by a formula which takes into account the amount each state expended for needy families in the years just prior to the enactment of this legislation. States may also receive additional funding as a bonus. States can receive the funding bonus:

for a reduction in out-of-wedlock births; and

for being a high performing state.

States may also qualify for contingency funding. Contingency funds are similar to crisis funds. States may qualify for contingency funds in one of two ways:

a state has an unemployment rate of at least 6.5% and the average rate is at least 10% higher than the same quarter in either of the two preceding years.

the number of food stamp recipients from the three most recent months for which data is available is 10% greater than the monthly average number of individuals that participated in the food stamp program in FY 1994 or 1995 (whichever is lower) in the same three month period.

States may be required to return a portion of their contingency funds based on total state spending during the year.

States must limit the amount it can spend on administrative costs to no more than 15% of the total of its grant.

States may also be penalized, meaning their grant may be reduced. A state may suffer a penalty for any one of the following reasons:

• using funds in violation of the law governing the use of funds;

• failing to submit required data collection reports;

• failing to satisfy work participation requirements;

• failing to comply with basic maintenance of effort requirements;

• failing to comply with the five year limit on assistance; and

• failing to maintain assistance to an adult single custodial parent who cannot obtain child care for a child under the age of 6.

A Supplemental Security Income (SSI) recipient cannot receive TANF payments for himself while receiving SSI, but may be a payee for a TANF grant for others. The SSI recipient is not regarded as a member of the family when determining a family's TANF financial eligibility or benefit amount, and none of the SSI recipient's income or resources is counted as income to the family.

An SSI recipient may elect to receive TANF rather than SSI payments, if otherwise eligible. In such instances, the TANF payment may not be authorized until it has been verified that the SSI payment has ceased.

If a child is living with a minor parent and the minor parent receives Title IV-E Foster Care, the child cannot be included in a TANF grant.

Instead, the Department of Services to Children, Youth and Their Families will include the child in the minor parent's Title IV-E foster child payment as required by the Omnibus Budget Reconciliation Act (OBRA) of 1987.

If a child is living with a minor parent and the minor parent receives State Only Foster Care payments, the child may receive cash assistance. The minor parent cannot be included in the cash assistance program.

The minor parent may be a TANF payee if she cares for the child and is capable of handling funds. Contact the minor parent's Child Protective Services worker for this determination.

If someone other than the minor parent cares for the child or if the minor parent is not capable of handling funds, an adult in the household may be payee. If the adult meets the definition of a "specified relative" (Social Services Manual Section 3004 ), that adult may receive TANF for the child. If the adult does not meet the definition of a "specified relative," that adult may receive GA for the child.

The minor parent is not included in the TANF grant and the State Only Foster Care payment is not considered income to the child.

The Title IV-E Eligibility worker within the Department of Services to Children, Youth and Their Families will determine if the child is eligible for Title IV-E funds. A child could be in foster care for a period of time before the IV-E eligibility determination is made. The child receives State Only Foster Care payments until Title IV-E eligibility is established. The Title IV-E Eligibility Worker will notify the DSS Social Worker when the Title IV-E determination is completed and the starting date for Title IV-E matching funds. The DSS Social Worker will contact the Title IV-E Eligibility Worker (phone number: 633-2517) at each application and redetermination to determine the foster care funding source. If the funding changes from State Only Foster Care to Title IV-E Foster Care, close the child's cash assistance grant.

3001 Definitions

The following words and terms, when used in the context of these policies, will, unless clearly indicated otherwise, have the following meanings:

A. Benefits (Non-Time-Limited) - the receipt of TANF benefits that are not subject to a time limitation.

Benefits (Time-Limited) - the receipt of TANF benefits for a limited period of time.

B. Caretaker (Needy) - a parent or non-parent included in the grant who is caring for a needy child. Needy caretakers are required to comply with the CONTRACT OF MUTUAL RESPONSIBILITY to receive benefits. Needy caretakers are subject to the time limit requirements.

Caretaker (Non-Needy) - a non-parent, not included in the grant, who is caring for a needy child. Non-needy caretakers are required to comply with the CONTRACT OF MUTUAL RESPONSIBILITY to receive benefits. Non-needy caretakers are not subject to the time limit requirements. These caretakers will receive benefits under the Children's Program.

C. Children's program - the name of the agency's program for persons who receive non-time-limited benefits. Persons in this program are not subject to the usual time limits for the receipt of benefits. However, persons in this program must comply with a non-work-related CONTRACT OF MUTUAL RESPONSIBILITY, e.g., participation in parenting classes, school attendance for the child or immunizations as necessary.

D. Contract of Mutual Responsibility – an agreement between the TANF client and the agency which sets obligations and expectations between the TANF client and agency in exchange for benefits.

E. Cumulative Months - the total number of months, not necessarily consecutive months, which make up a particular time period.

F. Delaware’s Temporary Assistance for Needy Families (TANF) Program - the title of Delaware's new welfare reform program.

G. Employable - the ability to engage in activities necessary to acquire and retain a job, at a wage level at least equal to the minimum wage; an employable person is physically and mentally able to participate in employment or activities necessary to seek and obtain employment, e.g. job search, job training, job readiness, etc. While an individual is employable the receipt of benefits is time-limited.

H. Employment (Subsidized) - a public or private sector job for which the employer receives a grant or allotment to pay all or a portion of the employee’s wage.

Employment (Unsubsidized) - a public or private sector job for which the employer receives no grant or allotment to pay either all or a portion of the employee's wage.

I. Good Cause - An adult recipient may have legitimate reasons for not cooperating either in the development of the Contract of Mutual Responsibility or the requirements as set forth in the Contract. The adult recipient has "good cause" when either a circumstance or condition exists in either her/his personal or family situation beyond which she/he has no control, and which would prevent cooperation and/or participation.

Good cause for quitting a job would include but not necessarily be limited to:

• On the job discrimination;

• Health and/or safety risk.

J. Pay After Performance - A work experience and/or Employment and Training program required for families with employable adults where the adult has not found employment or has lost a job. Families who were continuously on TANF prior to 01/01/2000 will have 24 months before being required to enter into this program. Families reapplying on or after 01/01/2000 will immediately enter this program. Participants will work to earn TANF benefits.

K. Sanction - a penalty for TANF client’s failure or refusal without good cause to meet her/his Employment and Training participation requirements. If the client refuses or fails to meet work related requirements (job search, training, etc.) or quits a job without good cause, the client’s TANF case will be closed. If the TANF client refuses or fails to attend a Contract of Mutual Responsibility requirement (e.g., participate in parenting education) the penalty is a $50.00 reduction in the grant for each month the client refuses or fails to participate.

L. Suitable Employment - employment that provides income at least equal to the payment standard after deduction of work expenses, the TANF work deduction and child care as paid, and provides wages at least equal to the minimum wage. Individuals will be expected to work at jobs that are below their skill levels, if such positions provide the only available employment.

M. Two Parent Program - able-bodied parents and their children who meet the standard of need and all TANF eligibility requirements, except deprivation, will be eligible for cash benefits. Eligibility for this program is based on need; there is no deprivation requirement. Cash benefits are time limited and both parents must comply with a Contract of Mutual Responsibility.

When one parent in an intact family is incapacitated, the family should not be placed in the two-parent program.

N. Unemployable - the inability to engage in activities necessary to work for at least the minimum wage; the person is prohibited because s/he is physically or mentally disabled. An unemployable individual cannot participate in employment or activities necessary to seek and obtain employment, e.g., job search, job training, job readiness, etc.

The determination and duration of unemployability are made by a health care professional (e.g., doctor, nurse, nurse practitioner, therapist, etc.). Periods of unemployability are not counted toward the cumulative months of benefit eligibility under the time-limited program.

O. Week - A week is defined as seven consecutive days, Monday through Sunday.

P. Work-eligible individual - an adult (or minor child head-of-household) receiving assistance under TANF or a separate State program or a non-recipient parent living with a child receiving assistance (child-only cases). See exclusions below.

Q. Excluded work-eligible individuals - Child-only cases that are:

• A minor parent and not the head-of-household or spouse of the head-of-household;

• An alien who is ineligible to receive assistance due to the immigration status; or

• At state option, on a case-by-case basis, a recipient of Supplemental Security Income (SSI) benefits

Other work-eligible exclusions: A parent providing care for a disabled family member living in the home, who does not attend school on a full-time basis, provided that the need for such care is supported by medical documentation.

9 DE Reg. 1370 (03/01/06)

10 DE Reg. 706 (10/01/06)