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FSML – 94 July 1, 2019 TANF G - Financial Eligibility G - 1 G. Financial Eligibility 1. Overview To meet eligibility and continue TANF benefits, the financial group must meet and maintain the TANF income and payment standards. (A) TANF income and payment standards Countable Income Limit Adjusted Income/Limit (with Adult) (with Adult) No. in Need Group Amount No. in Need Group Amount 1 $ 345 1 $ 326 2 499 2 416 3 616 3 485 4 795 4 595 5 932 5 695 6 1,060 6 796 7 1,206 7 886 8 1,346 8 976 9 1,450 9 1,039 10 1,622 10 1,150 Each additional person 172 Each additional person 110 SEE THE COMBINED STANDARDS CHART (DHS 5530) FOR MORE INFORMATION. Income and Payment Standards; REF, TANF Rule 461-155-0030 Income and Payment Standards; REF, TANF 2. Countable income Countable means that an available asset (either income or a resource) is not excluded and may be considered by programs to determine eligibility. Definitions for Chapter 461 Rule 461-001-0000 Definitions for Chapter 461 Example 1: Dorothy and Toto are in the office applying for TANF for themselves and their daughter Glenda. Toto is working and has a steady income

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Page 1: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

FSML – 94 July 1, 2019 TANF G - Financial Eligibility G - 1

G. Financial Eligibility

1. Overview

To meet eligibility and continue TANF benefits, the financial group must meet and maintain the TANF income and payment standards.

(A) TANF income and payment standards

Countable Income Limit Adjusted Income/Limit (with Adult) (with Adult)

No. in Need Group

Amount No. in Need Group

Amount

1 $ 345 1 $ 326 2 499 2 416 3 616 3 485 4 795 4 595 5 932 5 695 6 1,060 6 796 7 1,206 7 886 8 1,346 8 976 9 1,450 9 1,039

10 1,622 10 1,150 Each additional

person 172 Each additional

person 110

SEE THE COMBINED STANDARDS CHART (DHS 5530) FOR MORE

INFORMATION.

Income and Payment Standards; REF, TANF Rule 461-155-0030 — Income and Payment Standards; REF, TANF

2. Countable income

Countable means that an available asset (either income or a resource) is not excluded and may be considered by programs to determine eligibility.

Definitions for Chapter 461 Rule 461-001-0000 — Definitions for Chapter 461

Example 1: Dorothy and Toto are in the office applying for TANF for themselves and their daughter Glenda. Toto is working and has a steady income

Page 2: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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3. Adjusted income

Adjusted income means the amount determined by subtracting income deductions from countable income.

Earned Income Deduction; REF, TANF Rule 461-160-0160 – Earned Income Deduction; REF, TANF

of $10.00 an hour and works 20 hours a week: $10*20*4.3=$860.00. Comparing the monthly earnings to the Countable Income Limit for a family of three ($616), the Oz family is OVI for TANF.

Example 2: Fred Farmer, his wife, Bessie, and their daughter Banjette are applying for TANF. Bessie is working at the local dairy market and she is bringing home $400.00 a month. Comparing the monthly earnings to the Countable Income Limit for a family of three ($616), the Farmer family is under the Countable Income Limit and worker will need to review the Adjusted Income Limit.

Example 3: Chrissy is in the office applying for TANF with her two children John and Janet. Chrissy states that she is working for a food demo company. Per statement from Food Yum, Chrissy earns $10.00 an hour and works a total of 30 hours per month. After calculating her monthly income $10*30=$300.00, Chrissy’s gross is less than the Countable Income Limit for a family of three ($616). To determine the Adjusted Income, the worker will take the earned income of $300/2=$150.00 and, per the Adjusted Income Limit ($485), $150.00 is less than the Adjusted Income. Based on financial eligibility, the worker can continue to look at eligibility factors for the Roper family.

NOTE: a 50 percent earned income deduction is applied to the $300 earned income.

Example 4: Since Fred and Bessie’s monthly income is only $400.00 and is under the Countable Income Limit. We need to determine if the income is less than the Adjustable Income Limit of $485. At the Adjusted level, any earned income must be given the 50 percent earned income deduction. We will take $400.00 and with the 50 percent deduction, compare the new amount of $200.00 to the Adjusted Income of $485.00. The Farmer family is under the Adjusted Income.

Page 3: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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4. Exit Limit Increase (ELI)

INTENT

The new Exit Limit Increase is designed to lessen the benefit cliff impact on families. The policy changes will allow families to gradually phase off of the TANF program when parents become employed instead of experiencing an abrupt loss of benefits from their monthly cash assistance as soon as they hit the income limit. This change hopefully leave families in more stable position in the long run.

A TANF benefit group that has countable earned income, is eligible for an Exit Limit Increase as used in OAR 461-155-0030 in the following situations:

(a) An open TANF case with income to determine if the case is over the Exit Limit Increase countable income limit; or

(b) Restoring a TANF case within 30 days of closure when the case closed with earned income received by a member of the benefit group.

ELI serves as both the countable and adjusted income limits for the above two case types.

Countable Income Limit - Exit Limit Increase (ELI)

No. in Need Group

Amount

1 $ 678 2 $ 864 3 $1012 4 $1242 5 $1442 6 $1666 7 $1846 8 $2060 9 $2186

10 $2408 +1 +220

Example 5: Jason and his two children are TANF recipients of $506 a month. He reports he has started working at Coco Nuts. He turned in employer statement saying that Jason is working 20 hours per week at $10.00 an hour and earns a total of $860.00 a month. Since Jason is part of the TANF benefit group and has earned income, the worker will need to check the new Exit Limit Increase Countable chart and

Page 4: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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Exit Limit Increase is only for individuals in the benefit group. If the TANF benefit group reports someone has moved into the home with income, the calculation to determine eligibility is based on the countable income limit (not the Exit Limit Increase).

CAUTION

! The Exit Limit Increase chart is not to be used at initial eligibility.

Income and Payment Standard; REF, TANF Rule 461-155-0030 — Income and Payment Standard REF, TANF

determine if his earnings are less than $1,012. Jason’s income is less than the ELI. Once the 50 percent deduction is allowed and the computer counts $430.00, he will remain eligible for TANF with a new GNT amount of $76.00.

Example 6: Shane and his child are TANF recipients of $432 a month. Shane reports that he started working at the Walking Factory and reports the “Big 3.” He will earn $9.75 an hour at 40 hours per week and his first pay check is the 10th of the following month. The worker calculates that Shane’s monthly gross income will be $1677 and he is over the Exit Limit Increase of $864.00. Since he reported the “Big 3” and his first pay date is the 10th of next month, the worker will close TANF the end of next month.

Example 7: Jason and his two children receive TANF. In April, he calls to report he is no longer employed. The following month he calls to report his wife Amy has moved into the home and she is working. The agency verifies Amy earns $900 per month. Since Amy was not part of the original TANF benefit group, the worker will use the countable income limit to determine eligibility. Based on the countable income limit of $795 for a family of four, the household is over income. The household is not eligible for the Exit Limit Increase since wife was not part of the benefit group. Timely notice would be sent to close the TANF case.

Page 5: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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5. Coding Exit Limit Increase (ELI) and No Adult Standard Exit Limit Increase (NAS)

The new Exit Limit Increase (ELI) and the No Adult Standard (NAS) codes will have to be coded on all cases with an EML or SLF coding.

At Initial Eligibility

Workers will need to calculate Earned Income (EML) or Self-Employment (SLF) income for TANF. This is a manual calculation:

Countable: 100% EML or SLF and 100% Unearned income

Adjusted: 50% EML or SLF and 100% Unearned income

Then compare the total to the appropriate standard chart for coding on UCMS.

Example 8: Brian is applying for TANF with his son. He works at Target earning $300.00 per month. The worker will need to determine if Brian’s income meets the countable and adjusted limit for a family size of 2 on the Adult Standard Chart or TANF Calculator. The worker determines that the countable income for 2 is $499 and Brian’s earnings of $300 is less, so the worker can now look at the adjusted limit of $416. The worker will use 50% of Brian’s earned income which is $150. Brian is under the adjusted as well and since he met all other TANF eligibility the worker will code UCMS with:

Brian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00

Example 9: Amber is applying for TANF with her two children. She is employed at Target and earning $300 per month. Amber has received TANF more than 60 months and does not meet any reasons for an extension. The worker will need to determine if Amber’s income meets the countable and adjusted limit for a family size of three on the No Adult Standard Chart or TANF Calculator. The worker determines that the countable income for three is $410 and Amber’s earnings of $300 is less, so the worker can now look at the adjusted limit of $334. The worker will use 50 percent of Amber’s earned income which is $150. Amber is under the adjusted as well and since she met all other TANF eligibility the worker will code UCMS with:

Amber as a ‘NO’ in grant code with c/d NAS and n/r EML C 300.00

Page 6: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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Ongoing Eligibility

Workers will be able to code ELI or NAS on cases with EML or SLF and the computer will do the calculation.

CAUTION

! Only code ELI or NAS on the X payee.

Benefit Group Rule 461-110-0750 — Benefit Group

Prorated Standards; Adjusted Number in Household Rule 461-155-0020 — Prorated Standards; Adjusted Number in Household

Income and Payment Standards; JOBS, REF, TANF Rule

461-155-0030 — Income and Payment Standards; JOBS, REF, TANF

How Income Affects Eligibility and Benefits; REF, SFPSS, TANF Rule 461-160-0100 — How Income Affects Eligibility and Benefits; REF, SFPSS, TANF

Example 10: Ambian is applying for TANF with her five daughters. She is self employed as a massage therapist. She turns in her tax documents and states that her income is consistent. Ambian’s taxes shows that she grosses $10,000 a year. The worker determines Ambian’s monthly gross is $833.33. Per the One or More Adult Standard Chart, Ambian’s monthly gross is less than the countable income limit of $1060. The worker will use 50% of Ambian’s self- employment which is $416.66. Ambian is under the adjusted as well and since she meets all other TANF eligibility the worker will code UCMS with:

Ambian as an ‘AD’ in grant code with c/d ELI and n/r SLF C 833.33

Page 7: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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6. Resource and resource limit

A resource is any item that a participant has the legal interest in the resource and has the ability to sell or convert to cash (stocks, bonds, settlements, property, etc.) and/or use it for support and maintenance.

For TANF applicants and TANF participants with an active JOBS disqualification, need groups that do not have at least one caretaker relative or parent receiving TANF, the resource limit is $2,500. Once a participant has met the $2,500 resource limit as an applicant, and enters the Pre-TANF Program or becomes a TANF recipient, the resource limit goes up to $10,000. In non-needy caretaker relative situations, the resources of the caretaker relative are not counted against the grant.

Examples of $2,500 resource limit:

REMINDER

! Individuals who are receiving SSI fall out of the financial group. Their income and resources should not be considered for the TANF financial eligibility decision.

Examples of $10,000 resource limit:

Example 11: Maria is on SSI. She is receiving TANF for her two children. The TANF resource limit for the family is $2,500 because there are no caretaker relatives or parents receiving TANF.

Example 12: Jane is on TANF with her children. Both of her children are in school. She has had a JOBS case plan in the past but failed to cooperate with the activities in the plan. She is currently serving a disqualification. She is at a DQ1 and will be moving to a DQ2 next month. The family’s TANF resource limit is $2,500 because Jane has a current JOBS disqualification.

Example 13: Bristol is receiving TANF for herself and her child. She is needed to care for her child who has a disability. Currently she is JOBS-exempt from JOBS participation. Bristol is a parent in the need group; she is not a new applicant for TANF; she does not have a case plan and is not serving a disqualification. The TANF resource limit for the family is $10,000.

Page 8: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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To qualify for benefits, a need group must not have made a disqualifying transfer of their resources within the preceding three years prior to the filing date with the intention of establishing or maintaining eligibility. They must report any transfer at application, redetermination, and when the transfer occurs. Failure to report, or making a disqualifying transfer of available resources will result in termination of benefits. When the Individual is ineligible for benefits because of a disqualifying transfer of resources, the Individual remains ineligible until the disqualification period ends or when the full equity rights in the resource are transferred back to the Individual or the Individual receives adequate compensation.

If an applicant is determined to have a disqualifying transfer, their application for benefits will be denied. Benefits will be closed if a disqualifying transfer is determined. The number of months for a disqualification period is equal to the uncompensated fair market value portion of the resource, divided by the TANF payment standard for the financial group.

Assets not subject to disqualifying transfer.

Personal belongings such as household items and clothing, assets sold or traded for at least fair market value, assets transferred between members of the same financial group, transfers to settle a legal claim, or if the amount of the resource was equal to or less than an amount excluded at initial eligibility, transfers as a result of a court order or if the individual was a victim of fraud, misrepresentation or coercion are not considered a disqualifying transfer.

Availability of Resources Rule 461-140-0020 — Availability of Resources

Asset Transfer; General Information and Timelines Rule

461-140-0210 — Asset Transfer; General Information and Timelines

Adjustments to the Disqualification for Asset Transfer Rule 461-140-0300 — Adjustments to the Disqualification for Asset Transfer

Determining if a Transfer of an Asset is Disqualifying Rule 461-140-0220 — Determining if a Transfer of an Asset is Disqualifying

Example 14: Harvey and his three children are receiving TANF. Harvey does not have a case plan. All three of Harvey’s children require childcare and one child special needs care. The district does not have the resources to cover the care. Harvey is not a new applicant for TANF; he does not have a case plan or current disqualification; and he is a parent in the need group. The TANF resource limit for the family is $10,000.

Page 9: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

FSML – 94 July 1, 2019 TANF G - Financial Eligibility G - 9

Determining the Uncompensated Value of a Transferred Asset Rule

461-140-0250 — Determining the Uncompensated Value of a Transferred Asset

Disqualification Due to an Asset Transfer: REF, REFM, TANF Rule 461-140-0270 — Disqualification Due to an Asset Transfer: REF, REFM, TANF

Resource Limits Rule 461-160-0015 — Resource Limits

7. Determining the resource value of vehicles for the Pre-TANF Program and TANF

Motor vehicles (cars, trucks, and vans) are often important tools for participants to use to attain self-sufficiency. They are critical employment tools for participants who:

• Live in areas not served by public transportation;

• Are fleeing domestic violence; or

• Cannot access public transportation due to physical disabilities.

The resource value of motor vehicles is counted the same way for TANF applicants, Pre-TANF Program participants and TANF recipients. There are five steps to determining the resource value of a motor vehicle for these participants.

Step 1: Determine the availability of the vehicle as a resource. Participants might own or co-own a vehicle, but it may not be available to them as a resource. This is especially true if the participant is a victim of domestic violence.

SEE THE TANF CHAPTER, SECTION G (TF-G), FOR MORE INFORMATION

REGARDING THE AVAILABILITY OF RESOURCES.

Step 2: Determine the equity value. DHS will exclude $10,000 in equity value for all licensed motor vehicles excluded when determining the value of motor vehicles (see Step 4).

Step 3: Determine the equity value of the vehicle. The equity value of the vehicle is the fair market value of the car minus any “encumbrances.” Using the National Automobile Dealers Association’s (NADA) Used Car Guide (or similar publication), look at the “Average Trade-in Value” for the vehicle. The Kelley Blue Book is also available on the internet at the DHS Self-Sufficiency Staff Tools page (http://www.dhs.state.or.us/caf/ss_stafftools.htm). Do not add disability-related apparatus, optional equipment or low mileage to increase the value. Subtract from that amount any amount the participant owes on the vehicle, or any other costs, such as liens. The remainder is the equity value.

Page 10: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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SEE THE COUNTING CLIENT ASSETS CHAPTER, SECTION A.4 (CA-A.4), FOR

MORE INFORMATION.

Step 4: Exclude $10,000 in equity value. Total the equity value of all the licensed vehicles. Deduct $10,000 from the total equity value of all vehicles combined. The remainder is the resource value of the vehicle or vehicles.

Step 5: Compare the resource value of the vehicle to the resource limit. If the amount exceeds the TANF resource limit, the participant is not eligible. In addition to the equity value that exceeds $10,000, any other vehicles and resources are counted toward the resource limit. For TANF applicants and people who are not progressing on their self-sufficiency plan, the resource limit is $2,500. For people who are already in the Pre-TANF Program or receiving TANF and are progressing with their JOBS plan (or in JOBS Plus), the resource limit is $10,000.

NOTE

! The resources of non-needy caretaker relatives and SSI recipients do not count toward the TANF resource limit.

Resource Limits Rule 461-160-0015 — Resource Limits

Motor Vehicle Rule 461-145-0360 — Motor Vehicle

8. Availability of income

Income is available immediately upon receipt, or when the participant has a legal interest in the income and the legal ability to make the income available. Income for TANF includes both earned and unearned income received monthly, periodically, or in a lump sum. Most earned income is countable income; i.e., used to calculate the benefit amount.

Page 11: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

FSML – 87 October 1, 2017 TANF G - Financial Eligibility G - 11

CAUTION

! Unearned income can be excluded, counted as income, or counted as a resource.

Income received on a regular basis, but not monthly – such as quarterly, semiannually, annually or as a contract employee – is called periodic income. Periodic income is averaged over the applicable period. Depending on the source, it can be counted as earned or unearned income.

Income received too infrequently or irregularly to be reasonably anticipated, or received as a one-time payment, is called lump-sum income. Income that can be received in a lump sum is considered lump-sum income even when the participant chooses to receive it in monthly installments. Lump-sum income is counted as a resource.

• The amount of income considered available is the gross before deductions, such as garnishments, taxes or other payroll deductions;

SEE COUNTING CLIENTS ASSETS, SECTION A FOR MORE INFORMATION

ABOUT PERIODIC (CA-A.7) AND LUMP SUM (CA-A.6) INCOME.

Determining Availability of Income Rule 461-140-0040 — Determining Availability of Income

Treatment of Periodic Income Rule 461-140-0110 — Treatment of Periodic Income

Availability and Treatment of Lump-Sum Income Rule 461-140-0120 — Availability and Treatment of Lump-Sum Income

NOTE

! If the income is usually paid monthly or twice monthly on the first or last day of the month, but is paid early or late because the regular payday falls on a holiday or weekend, it is still considered to be paid on the regular payday.

Page 12: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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• When earned income is withheld or diverted at the request of an employee, it is considered available in the month the wages would have been paid;

• An advance or draw is money received that will be subtracted from later wages. An advance or draw is available when received;

• Averaged, annualized, converted or prorated income is available throughout the period for which the calculation applies;

• Deemed income is available whether or not it has been received;

• Payments that should legally be made directly to a member of the financial group but are paid to a third party for a household expense are considered available to the financial group when the third party received the payment;

• Income that is averaged, annualized, converted or prorated is considered available throughout the period for which the calculation applies;

• The portion of a payment from an assistance program (such as unemployment compensation (UC) or Social Security benefits) that is withheld to repay an overpayment is considered available.

Determining Availability of Income Rule 461-140-0040 — Determining Availability of Income

Treatment of Periodic Income Rule 461-140-0110 — Treatment of Periodic Income

Availability and Treatment of Lump-Sum Income Rule 461-140-0120 — Availability and Treatment of Lump-Sum Income

9. Unavailability of income and resources

Income is not available if any of the following is true:

• The income is wages withheld by an employer as a general practice, even if in violation of the law;

• The income is paid jointly to the participant and other people and the others do not pay the participant their share;

Example 15: A noncustodial parent has been ordered by a court to pay child support to the child’s mother, but chooses to make a payment to a landlord for shelter expenses for this child (rather than making the payment directly to the child’s mother). The shelter payment is considered available.

Page 13: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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• The income is received by a member of the financial group after they have left the household. Count only the income the person received while they were residing in the household;

• The participant is a victim of domestic violence, the participant’s abuser controls the income and pursuing the income would put the participant or the participant’s children at risk.

Resources are not available if any of the following is true:

• When a participant is a victim of domestic violence, resources jointly held with the abuser are not available if pursuing the resources would put the person at future risk;

• The resources are being used by a domestic violence victim to flee the abusive situation (i.e., money needed to move into stable housing);

• The participant is a victim of domestic violence, the resource is jointly owned with or is in the possession of a person who lives in the household the participant left or is planning to leave, and pursuing the resource will put the participant or the participant’s children at risk;

• The participant has a legal interest in the resource, but the resource is unavailable because it is not in the participant’s possession (for example, a participant has title to a car, but the car is stolen), and the participant is unable to gain possession of it;

• The resource is jointly owned with others not in the financial group who are unwilling to sell, and the participant’s interest is not reasonably saleable;

• The resource is included in an irrevocable or restricted trust and cannot be used to meet the basic monthly needs of the financial group;

• A resource is considered unavailable during the time the owner does not know he or she owns the resource.

Domestic violence Rule

461-135-1200 — Domestic violence

Availability of Resources Rule 461-140-0020 — Availability of Resources

Determining Availability of Income Rule

461-140-0040 — Determining Availability of Income

Page 14: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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10. Non-needy caretaker relative grants

In the TANF program, a caretaker relative other than a parent, who chooses not to be included in the need group is subject to the “non-needy caretaker relative countable income limit standard.” Once the caretaker relative decides they are in need of TANF benefits, the household is subject to the same TANF and JOBS requirement as parents; this includes the adult income limit standards.

Who can be a non-needy caretaker relative:

• Any blood relative. This includes but is not limited to:

- Grandfather or grandmother;

- Brother, sister, half-brother or half-sister;

- Uncle, aunt, cousin, nephew or niece;

• Stepfathers, stepmothers, stepbrothers or stepsisters;

• The spouse of anyone listed above.

A stepparent or stepsibling may be considered a caretaker relative even if the marriage to the biological or adoptive parent ended in death or divorce. When a caretaker relative of one child applies for another child in the same household, the groups must be combined. A dependent child can be in only one filing group at a time.

Number in

Filing Group 2 3 4 5 6 7 8 9 +1

NNCR Countable Income Group

$2,470

$3,108

$3,747

$4,385

$5,023

$5,663

$6,304

$6,946

$642

NOTE

! The "non-needy caretaker relative countable income limit standard" for the filing group is set at 185 percent of the federal poverty level.

Example 16: Daryl is in the office needing to apply for TANF. Daryl states that his grandchildren, Beth, Mika, and Lizzie are all living with him. During the interview, Daryl reports that the grandchildren are not his

Page 15: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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Definitions for Chapter 461 Rule 461-001-0000 — Definitions for Chapter 461

Filing Group; TANF Rule

461-110-0330 — Filing Group; TANF

Poverty Related Income Standards; Not OSIP, OSIPM, QMB Rule 461-155-0180 — Poverty Related Income Standards; Not OSIP, OSIPM, QMB

11. Noncitizens

To qualify for TANF cash benefits, there must be at least a dependent child who meets citizen/alien status (unless the caretaker relative has a current safety issue related to domestic violence). If the child meets all other eligibility requirements, they are potentially eligible for cash benefits.

To determine eligibility and benefit level for filing groups with ineligible noncitizens, do the following:

• Add all gross countable income of members in the need group. This includes ineligible noncitizens. Determine if the total income is less than the countable income limit with an adult;

NOTE

! If this is a case eligible for ELI, then compare the adjusted income to the ELI for determining if the family meets income eligibility.

• To determine if the family meets the adjustable income limits, prorate all income (earned and unearned) received by the ineligible noncitizens in the financial group. To do this, take all the ineligible noncitizen income divided by the number

biological grandkids. Daryl was dating their grandmother but she left to Costa Rica. With this revelation, Daryl is not eligible for TANF.

Example 17: Uncle Rick needs to apply for TANF for his nephew Carl, but he is employed and wonders if his earnings will be looked at. The worker informs Rick that they will look at his monthly income and determine if his monthly gross is less than the NNCR countable income of $2,470 for a filing group of two.

Page 16: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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in the need group and multiply by the number of people in the benefit group. For any earned income, apply the 50 percent disregard prior to the proration calculation. This will give you the adjusted countable income;

• Income of all others in the household who meet citizen/alien status is counted without proration. Add the adjusted countable prorated income and any other in income for the need group. If the total amount is under the adjusted income limit with an adult for the need group size, then the worker can proceed to determine payment amount;

• Compare the adjusted income to the No-Adult Payment Standard for the benefit group. If adjusted income equals or exceeds the Payment Standard, the benefit group is not eligible;

• If the adjusted income is below the No-Adult Payment Standard, calculate benefits by subtracting adjusted income from the Payment Standard for the benefit group.

Step 1: Countable income test for need group Earned income 250 Countable income limit for persons in NEED group 616 Since $250.00 is under the countable income limit, move to step 2.

Step 2: TANF adjusted income test for need group

Earned income 250 Minus 50% earned income deduction 125 Adjusted income limit for persons in NEED group 482 Since $125 is under the adjusted income limit, move to step 3.

Step 3: Calculate the prorated income of the ineligible noncitizen

Earned income 250 Divide by number in the need group /3 Multiply by number in the benefit group x1 Prorated earned income 83.33 Minus 50% earned income deduction 41.66 Result: total adjusted income 41.66 Payment standard for BENEFIT group (Chart B) 180 Since $41.66 is under the payment standard, move to step 4.

Example 18: Michonne is in the office needing to apply for TANF for herself and her two kids. Michonne states that she is working at a bakery and her youngest daughter Judith is a U.S. citizen. The worker will need to take her pay verification of $250.00 a month and determine eligibility using the countable and adjusted income test for the need group.

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Step 4: Determine TANF grant amount Payment standard for BENEFIT group (Chart B)

180 Minus adjusted income above - 41.66

Result: TANF grant 138

On UCMS the worker will code Michonne NO and add TNC on the C/D line; the N/R line will have EML C $83.33. Judith will be a CH and the second child will be NO.

NOTE

! Do not code undocumented noncitizens as IA; this is medical coding. Code undocumented noncitizens in-grant code NO and a case descriptor of TNC.

On UCMS, the worker will code Michael and Rosemary NO and add TNC on the C/D line for both of them. Both children will be coded CH. Freddy will have an N/R line of Sup c $200.00 and DSP C 50.00.

SEE THE TANF CHILD SUPPORT QUICK REFERENCE GUIDE FOR FURTHER

INFORMATION.

How Income Affects Eligibility and Benefits; REF, SFPSS, TANF Rule

461-160-0100 — How Income Affects Eligibility and Benefits; REF, SFPSS, TANF

Example 19: Michael and Rosemary are both noncitizens and they are in the office applying for TANF for their two sons, Freddy and Jason, who are both U.S. citizens. Michael states that they are both not working but they do receive child support every month for Freddy in the amount of 250.00. In this case, a proration of income is not needed since the child receiving support is a citizen. The $250.00 minus $50.00 DSP is compared to the countable and adjusted income limit for the need group. Since it passed both income tests, the $200 is then compared to the nonadult payment standard chart ($322-$200). The TANF payment will be $122.00.

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NOTE

! For TANF cases with ineligible noncitizens, always use TNC (TANF Noncitizen) on the Case Descriptor line for each ineligible noncitizen.

12. Sponsored noncitizens

Noncitizens who were admitted as Lawful Permanent Residents meet the alien status requirement for TANF regardless of when they were admitted. However, some of them are sponsored so the deeming process will apply to them. If the sponsored noncitizens were admitted before December 1997, the sponsor's affidavit of support will show three years of financial responsibility. If the sponsored noncitizens were admitted after December 1997, their sponsor's financial responsibility ends only when the noncitizen has worked 40 qualifying quarters of work or when they receive their naturalized U.S. citizenship.

NOTE

! See Noncitizens A.4 (NC-A.4) for examples of the common status codes for sponsored noncitizens and Noncitizens A.8 (NC-A.8) to determine if the deeming requirements.

13. Deeming income

If deeming applies, treat all the countable income as if it were the sponsored noncitizen's income. Allow 50 percent off the earned income of the sponsor and the sponsor's spouse. Add the remaining to all the unearned income of the sponsor and the sponsor's spouse. This is the countable deemed income for each sponsored noncitizen.

When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed Rule

461-145-0830 — When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed

Page 19: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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14. Deeming resources

To determine the amount of resources deemed from the sponsor and the sponsor's spouse (if living together), first total all of their countable resources. Then, divide the total by the number of noncitizens sponsored by the individual or couple. This is the countable deemed resource for each sponsored noncitizen.

15. Asset Quick-Reference Chart

NOTE

! This chart does not include treatment of assets for a participant working under a JOBS Plus agreement. See Counting Client Assets Chapter for that specific situation.

INCOME RESOURCES

Type of Asset Exclude Earned Unearned Excluded Count

Adoption assistance: 461-145-0001 • For special needs items

X

Agent Orange Disability Benefits 461-145-0005 • Aetna Life and Casualty • Agent Orange Act of 1991 (Dept. of Veterans Affairs)

X

X

Alaska Permanent Fund Dividend 461-145-0008

X

Animals: 461-145-0010 • If pets or raised for food • Income-producing (see income-

producing property)

X

Annuities, Dividends, Interest 461-145-0020

X

Bank account: 461-145-0030 X

Burial arrangements: 461-145-0040 • Prepaid, revocable • Irrevocable

X X

Burial Space and Merchandise 461-145-0050

• Space - one per participant • Merchandise for participant and

specific relatives

X X

Cash and Foreign Currency that can be converted to U.S. currency 461-145-0060

X

Page 20: G. Financial Eligibility - Oregon.gov Home Page · all other TANF eligibility the worker will code UCMS with: rian as an ‘AD’ in grant code with c/d ELI and n/r EML C 300.00 Example

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INCOME RESOURCES

Type of Asset Exclude Earned Unearned Excluded Count

Census Income: 461-145-0130 X

Child support and Cash Medical Support: 461-145-0080 • Assigned to the state and NOT included in pass-through or disregard pursuant to OAR 461- 145-0080: -When calculating benefit -When determining eligibility

• To a third party

• All others • Assigned to the state AND passed

through and disregarded pursuant to OAR 461-145-0080 (for ongoing TANF) - When calculating benefit - When determining eligibility

• To a third party and turned over to the department of DCS

• Disregarded pursuant to OAR 461-

145-0080 (for TANF applicants and families in SFPSS

- When calculating benefit - When determining eligibility

• AMT remaining after disregard is

applied: (for TANF applicants and families in SFPSS - When calculating benefit - When determining eligibility

X X

X X

X

X X

X X

X X

Contributions: 461-145-0086 X

Disability benefit: 461-145-0090 • Received monthly or more frequently than monthly

• Other payments

X

X (if periodic)

X (if lump sum)

Disaster Relief: 461-145-0100 X

Domestic Volunteer Services Act 461-145-0110 • VISTA:

-If comp. less than min. wage -If more than min. wage

• Title II or title III (RSVP, SCORE, ACE, Foster Grandparents, etc.)

X

X

X

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FSML – 87 October 1, 2017 TANF G - Financial Eligibility G - 21

INCOME RESOURCES

Type of Asset Exclude Earned Unearned Excluded Count

Earned income: 461-145-0130 • Under 19 in vocational, GED, or high school (full time)

• In-kind • Other (not JOBS Plus, Welfare- To-Work, or flex)

X

X

X

Earned Income Tax Credit (state and federal): 461-145-0140

X

Educational income: 461-145-0150 • Title IV and BIA • Non-title IV or BIA (remainder

after deducting costs)

• For a PAS participant, all educational funds, including funds intended for room and board

X

X

X (work study,

fellowship s, etc.)

X (grants, loans, etc.)

Energy assistance: 461-145-0170 • Federal (not paid w/public assist.) • Federal or state one-time for weatherization or heat repair

• Other

X X

X

Food Programs (WIC, School Lunch) 461-145-0190

X

Foster care: 461-145-0200 • Foster care room and board, special needs

• Remaining amount

X

X

Gifts and winnings (cash): 461-145-0210

X (if periodic)

X (if lump sum)

Home and contiguous property 461-145-0220 • Living in • Temporarily unoccupied (see CA B.32 for details)

X X

HUD: 461-145-0230 • Paid to third party

• Youthbuild - Age 19 or under - Over age 19

• Family Investment Centers • Escrow for Family Self- Sufficiency

• Other paid to participants

X

X

X (sup. serv.) X

X (utilities)

X X (wages)

X (stipends)

X

Income-producing contract 461-145-0240 • Equity value • Income (minus costs)

X

X

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FSML – 87 October 1, 2017 G - 22 TANF G - Financial Eligibility

INCOME RESOURCES

Type of Asset Exclude Earned Unearned Excluded Count

Income-producing property: 461-145-0250 • Equity (if producing income or the property is animals)

• Income (minus costs)

X (20 hr/wk)

X (not 20 hr/wk)

X

Independent Living Subsidies: 461-145-0255

X

Indian/Native American Benefits (See Counting Client Assets)

Individual Education Account: 461-145-0145

X

Inheritance (cash): 461-145-0270 X (if

periodic)

X (if lump sum)

In-kind income: 461-145-0280 X

Job Corps: 461-145-0290 • Living allowance • Readjustment allowance • Payments for food • Other reimbursements

X

X X

X

JTPA: 461-145-0300 • Needs-based stipend • Adult OJT and work experience • Child (19 or under) OJT and work experience

• Summer Youth OJT (any age)

X

X

X

X

Life estate: 461-145-0310 (when occupying the estate)

X

Life insurance: 461-145-0320 • Payments to beneficiary • Equity value/Term insurance

X

X (allow up to

$1,500 for costs)

Loans: 461-145-0330 • Cash on hand from loan • Interest from loan being repaid to participant

X

X

Lodger income: 461-145-0340 X

Microenterprise: 461-145-0920, 461-145-0930

X

Motor vehicles: 461-145-0360 X (Up to $10,000 equity value)

National and Community Services Trust Act (NCSTA): 461-145-0365 (See Counting Client Assets.)

Older Americans Act: 461-145-0370

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FSML – 87 October 1, 2017 TANF G - Financial Eligibility G - 23

INCOME RESOURCES

Type of Asset Exclude Earned Unearned Excluded Count

• Title III (Nutrition Program for the Elderly)

• Title V (Green Thumb, etc.)

X

X

Pension and retirement plans: 461-145-0380

• Retired - monthly payments • Retired - other payments • Not retired, other plans

X (if periodic)

X

Personal belongings: 461-145-0390 X

Personal injury settlement: 461-145-0400 • Monthly payments • Other

X

X

Plan for Self Support (PASS) assets: 461-145-0405

X

Program benefits: 461-145-0410 • Grants/certain special needs • Self-sufficiency support services and certain special needs

• Emergency Assistance • One-time correction/incentive

X X

X X

Radiation Exposure Compensation Act: 461-145-0415

X

Real property: 461-145-0420 • Good faith effort to sell • Equity if not for sale

X

X

Real property under Interim Ass’t Agreement: 461-145-0430 (See Counting Client Assets.)

Recreational vehicle’s equity: 461-145-0433

X

Refunds: 461-145-0435 X (mo receipt)

X (next mo)

Reimbursements: 461-145-0440 • Noncash or used for specific item • For food or not used for item

X

X (if periodic)

X (if lump sum)

Representative Payee Payments CA B.64 • Payment for persons not on TANF

• Payment includes persons on TANF

X

X (prorate)

Royalties: 461-145-0020 • Doing activity to accrue royalties • Not doing the activity

X

X

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FSML – 87 October 1, 2017 G - 24 TANF G - Financial Eligibility

INCOME RESOURCES

Type of Asset Exclude Earned Unearned Excluded Count

Sale of a home: 461-145-0460

• Intend to reinvest in home in 3 mo • Proceeds if not reinvested • Interest if not reinvested

X

X (if

periodic)

X (if

lump sum)

Sale of a Resource (not home) 461-145-0460 • Excluded resource

• Other resource

X If reinvested in another resource

X

Self-employment including microenterprise: 461-145-0910 thru 461-145-0930

X

Shelter-in-kind (housing and utilities): 461-145-0470

X

Social Security Benefits: 461-145-0490 • If received by an SSI recipient • If not: -Monthly payments (not retroactive) -Representative payee fee -Retroactive payments to date of eligibility

X

X

X

X (if periodic)

X (if lump sum)

Social Security Death Benefit: 461-145-0500 (remaining after burial costs)

X (lump sum)

Spousal support: 461-145-0505 • Assigned to the department: -When calculating benefit -When determining eligibility

• To a third party • All others

X

X

X

X

Supplemental Security Income (SSI): 461-145-0510 • Monthly payments (not retroactive)

• Representative payee fee • Retroactive payments to date of eligibility (categ. eligible)

X

X X

Stocks, bonds, CDs, other securities: 461-145-0520

(Please see Counting Client Assets B for more information.)

X

Strikers’ benefits: 461-145-0525 X

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FSML – 87 October 1, 2017 TANF G - Financial Eligibility G - 25

INCOME RESOURCES

Type of Asset Exclude Earned Unearned Excluded Count

Tax refunds: 461-145-0530 (Federal and state income taxes, property taxes, ERA)

X

Trusts: 461-145-0540 (see Counting Client Assets)

Unemployment Compensation: 461-145-0550 • Monthly payments • Other

X

X

Uniform Relocation Act reimbursement: 461-145-0560

X

USDA Meal Reimbursement: 461-145-0570

X

Vendor Payments (see In-Kind Income): 461-145-0280

Veterans’ benefits: 461-145-0580 • Aid and Attendance • Educational (see Educational Income)

• Spina Bifida Payments to Children

• Other monthly payments • Other payments, not monthly

X X

X

X X (if

periodic)

X (if lump sum)

Victim’s assistance: 461-145-0582 • PL 103-286 or PL 103-322 • Reimbursement for lost item (see Reimbursement)

• Payments for pain and suffering (see Personal Injury Settlement)

X

Vocational Rehabilitation Payment 461-145-0585 • Payments for food/shelter/ clothing

• Other (see Reimbursement)

X

Workforce Investment Act (WIA): 461-145-0120, 461-145-0130 • First $260 earned per month • Remainder earned per month

X

Worker’s Compensation 461-145-0590 • Monthly payments • Other

X X (if

periodic)

X (if lump sum)

Work-related equipment & inventory: 461-145-0600 Equity and wholesale value of inventory

X

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