|Release 71: Effective October 1, 2013|
TANF nonfinancial eligibility requirements include age, residence, alien/citizen status, SSN, school attendance, pursuing assets, deprivation and pursuing treatment for drug abuse and mental health. In addition, households with noncustodial parent(s) must cooperate with the Division of Child Support (DCS) to establish the paternity of the child(ren) and pursue support from the appropriate parent(s) unless there is good cause. The dependent children, on the other hand, must be deprived based on death, continued absence, incapacity or unemployment of a parent to qualify.
F FOR MORE INFORMATION ON DEPRIVATION, SEE TANF-E.
Case Management Opportunity
When asking about school attendance of children and teens, also ask about school performance. Ask about relationship with noncustodial parents when discussing DCS cooperation in order to look for children's issues, past abuse or sources of support for children.
In situations involving domestic violence, waive or modify TANF eligibility requirements if those requirements make it more difficult for individuals to escape domestic violence or place them at risk of further, future violence.
F FOR MORE INFORMATION ON WHEN TO WAIVE TANF REQUIREMENTS IN DOMESTIC VIOLENCE SITUATIONS, PLEASE SEE TANF SECTION K (TF-K).
Domestic violence: 461-135-1200
To be eligible for TANF, the dependent child must be under age 18, or age 18 and regularly attending school full time. The caretaker relative(s) may be any age. If the caretaker relative is under age 18, the case manager must have determined that there are no other adult relatives to care or be responsible for the well-being of the applicants and that they are living in a safe environment.
Age Requirements for Clients to Receive Benefits: 461-120-0510
TANF Eligibility for Minor Parents: 461-135-0080
Send a timely continuing benefit decision notice to reduce or close benefits the end of the month in which a client who is not in school turns 18, or when a client who is in school, per OAR 461-120-0530, turns 19.
Notice Situations; General Information: 461-175-0200
Notice Situation; Removing an Individual From a Benefit Group (EXT, MAA, MAF, OHP, REF, REFM, SAC, SNAP, TANF)
or Need Group (ERDC): 461-175-0305
F SEE ITEM 5 IN THIS SECTION (TF-D.5) OR OAR 461-120-0530 FOR SCHOOL ATTENDANCE.
Both the parent(s) or the caretaker relative(s) and the dependent child must:
Residency does not require a:
Those in Oregon only for vacation do not meet the residency requirement.
Residency Requirements: 461-120-0010
Send a timely continuing benefit decision notice if a TANF client moves out of state.
F SEE TANF SECTION O (TF-O) FOR MORE INFORMATION ON DECISION NOTICES.
Notice Situations; Client Moved or Whereabouts Unknown: 461-175-0210
To qualify for TANF, the client must be a U.S. citizen or a qualified noncitizen.
A U.S. citizen includes the following people:
A qualified noncitizen includes the following people:
The following people also meet alien status requirements for TANF:
F FOR MORE INFORMATION ABOUT WHEN TO WAIVE CITIZEN/ALIEN STATUS FOR TANF DUE TO DOMESTIC VIOLENCE, PLEASE SEE TANF SECTION K (TF-K).
Citizen and Alien Status Requirements: 461-120-0110
Alien Status: 461-120-0125
|Note:||All lawfully admitted aliens are given an INS document showing their legal status in the U.S. People who are lawful permanent residents are given a Permanent Resident card (I-551). If they entered the U.S. as a lawful permanent resident, they would either have a visa in their passport or an Arrival/Departure Record (I-94) as temporary evidence of their lawful permanent residence.
Refugees, asylees and parolees are given an I-94 initially and an I-551 after they have been granted lawful permanent residence. All these documents will indicate they are authorized to work. Some may request an Employment Authorization Document (I-688B) just for that purpose. Whether it is an I-94, I-551, or I-688B, it bears the cardholder's alien registration number.
All eligible noncitizens must have their immigration status verified through SAVE or through the Immigration and Naturalization Services (INS) via a G-845 Supplement Document Verification Request Supplement (G-845S) form.
To qualify for TANF, need group members must have a Social Security number or provide proof that they have applied for one.
Verification; General: 461-115-0610
Requirement to Provide SSN: 461-120-0210
If benefits are reduced or denied because of failure to apply for or obtain a SSN, send a timely continuing benefit decision notice.
Notice Situation; Disqualification: 461-175-0220
School-age children are expected to regularly attend school full time. Parents or caretaker relatives are in violation of state statute if school-age children under their care do not maintain regular school attendance. Although school attendance for children is not an eligibility requirement for TANF, caretaker relatives can be required, as an assigned activity for self-sufficiency, to enroll and keep dependent children between the ages of 7 and 18 years who have not completed the 12th grade in school full time.
Eighteen-year-olds who are not regularly attending school full time as defined by the school are not eligible to receive cash benefits. Regular school attendance means attending high school, GED, vocational or technical training or the State School for the Deaf or for the Blind. It includes home schooling approved by the local school district. It continues during an illness, family emergency or vacation, as long as the student intends to return to school.
The student's full-time or half-time status is defined by the school. Students are considered to be attending for the full month in which they complete or discontinue school or training.
Age Requirements for Clients to Receive Benefits: 461-120-0510
A TANF client must actively pursue any asset for which they have a legal right or claim. Active pursuit means the client must apply and satisfy all requirements to receive benefits from other programs. It also means the client will pursue legal remedies to obtain assets from any other source if they can secure legal counsel on a contingency fee basis. Clients are not required to pursue or apply for loans.
Requirement to Pursue Assets: 461-120-0330
F SEE THE CHILD SUPPORT CHAPTER (CS) FOR MORE INFORMATION.
|Note:||A case manager may encourage a TANF client to apply for SSI if they meet SSI disability criteria.|
Case managers will offer a client a referral to substance (alcohol and drug) abuse or mental health assessment when they determine that it is necessary for the client to function successfully in the workplace. A client who is identified by a professional substance abuse or mental health counselor to be in need of treatment services must cooperate. For JOBS-mandatory clients, cooperation with treatment is a JOBS requirement; noncooperation would make the client subject to a JOBS disqualification (DQ1-DQ4). For clients who are exempt from JOBS disqualification, treatment is an eligibility requirement and the following penalties (MQ1- MQ4) would not be counted against months accumulated for JOBS disqualifications.
|Example:||If a client (over age 20) who has a DQ1 reaches the ninth month of pregnancy, she is exempt from JOBS disqualification. She is still required to pursue Substance Abuse/Mental Health treatment. If she refuses to do so, she would begin her SA/MH sanction at MQ1, not DQ2.|
The penalty for clients who refuse treatment or fail to cooperate with treatment without good cause is as follows:
|F||SEE TANF SECTION F (TF-F) FOR MORE INFORMATION ON COOPERATION AND GOOD CAUSE.|
Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance
Abuse and Mental Health; Disqualification and Penalties; Pre-TANF, REF, TANF: 461-135-0085
Demonstrating Compliance with Substance Abuse and Mental Health Requirements;
Restoring Cash Benefits: 461-135-0089
To qualify for benefits, clients must assign their support rights to and cooperate (unless good cause exists) with DCS. Assignment allows DCS to pursue, collect and keep child support and spousal support for any members in the benefit group. By signing the application, the client not only assigns support to DCS but also agrees to turn over any rights to health insurance or medical support.
Cooperation with DCS includes assisting in establishing paternity, obtaining support cash payments and pursuing medical support, if available. Noncooperation without good cause will result in denial of cash benefits for applicants, reduction, and eventual termination of cash benefits for recipients. The person who fails to cooperate in pursuing medical support will be ineligible for medical benefits.
|Note:||The requirement to assign rights to child support and cooperate with child support does not apply to those eligible for TANF as a two-parent household.|
Application Requirements: 461-115-0020
Assignment of Support Rights; Not BCCM, CEC, OHP-CHP, OHP-OPP, SNAP: 461-120-0310
Medical Assignment: 461-120-0315
Client Required To Help Department Obtain Support From Noncustodial Parent; TANF: 461-120-0340
Clients Required to Obtain Health Care Coverage and Cash Medical Support; CEM, EXT,
GAM, MAA, MAF, OHP (except OHP-CHP), OSIPM, SAC: 461-120-0345
In order to be eligible for TANF, a child must live with a caretaker relative. A caretaker relative is the person, regardless of age, who is responsible for the care, control and supervision of the dependent child and who is related to the child in any of the following ways:
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.
Definitions for Chapter 461: 461-001-0000
Alleged fathers of children may often be the caretaker relative of children for TANF purposes, even if paternity has not been established. If there are documents that verify that the alleged father is the father of the child, he may be the caretaker relative. If the Department of Child Support (DCS) or the district attorney (DA) proves at a later date that he is not the father, he can no longer be the caretaker relative. If there are no documents that verify that the alleged father is the father of the child, he cannot be the caretaker relative until DCS or the DA legally establishes that he is the father or a completed affidavit acknowledging paternity is filed with vital statistics.
A biological parent or other relative (as defined above) can be the caretaker relative to a TANF child, even if an adoption exists, when the adoptive parent has given up care, control and supervision of the child.
The status of the caretaker relative ends when care, control and supervision of the child is given to or accepted by another person for 30 days or more.
Requirement to Live With a Caretaker or Caretaker Relative: 461-120-0630
In order for the need group to be eligible for TANF, a caretaker relative (which includes both parents in a two-parent family) must not be separated from their employment for any of the following reasons:
What employment is reviewed?
|Example 1:||Patricia and her children are applying for TANF. Patricia is a member of the need group. She was working 120 hours per month. This job ended 130 days before her TANF date of request. She has not worked since that time.
Question: Is Patricia affected by the requirements of OAR 461-135-0070?
Answer: No. Patricia's job ended more than 120 days from the date of request for TANF program benefits. This job does not pass one of the two tests in order to be considered for the employment separation rule, OAR 461-135-0070.
|Example 2:||Ruth and her children are currently receiving TANF. Ruth was hired to work a job full time but quits her job, without good cause, before she receives her first pay check.
Question: Is Ruth affected by the requirements of OAR 461-135-0070?
Answer: No. Ruth’s job loss happened in the middle of her TANF certification. The employment separation requirement is only applied at certification and recertification. This job does not pass one of the two tests in order to be considered for the employment separation rule, OAR 461-135-0070. Instead, the client may be disqualified through the JOBS disqualification process.
What is the penalty for leaving a job without good cause?
When it is determined a caretaker relative left their employment without good cause, the need group would be ineligible for TANF program benefits. The period of ineligibility lasts for 120 days from the date the caretaker relative left their employment.
|Example 3:||Christina and her children are applying for TANF. The date or request for TANF program benefits was March 20. Christina left her last job, which she was working more than 100 hours, on March 10. She has not worked since that time.
Question: Is Christina affected by the requirements of OAR 461-135-0070?
Answer: Yes. Christina's job ended less than 120 days from the date of request for TANF program benefits.
It is determined Christina left her job because she was fired for misconduct. The case worker determines she did not have good cause. Christina's date of request for TANF was April 8. She left the job on March 7.
Question: How long will Christina and her family be ineligible for TANF?
Answer: 120 day from March 7, the date Christina left her last job. Christina would not be eligible for TANF until after July.
What would be the date the caretaker relative left their employment?
There are several possibilities regarding the date a caretaker relative left their last job. They include:
Johnny was working for a local business for the past six months. He worked 40 hours per week. On October 15, his boss informed him he was being fired and his last day would be on October 19. October 19 would be the date Johnny left his last job.
Gretchen had worked full time for the past two years in a factory. She decided to go back to school and quit her job. She turned in her two-week notice on June 4 and left the job on June 22. June 22 would be the date she left the job.
Martha was hired by a bakery to work 30 hours per week and was to begin working on July 7. She did not show up for work. The date she left the job would the first day she was to work, in Martha's case July 7.
Erin was on maternity leave for the past eight-weeks. She contacted her employer on August 29 and informed them she would not be able to return to work. August 29 would be the date Erin left the job.
How would a case be coded?
A Needs Resource (NR) and Case Descriptor (CD) code is added to the caretaker relative who left their last employment without good cause. The NR and CD code is "ESD." The CD is used as an historical marker indicating the client was at one time denied TANF due to the employment separation rule. The NR code is used to prevent the system from allowing the case to be coded a Program 2 or 82 until the code is removed or falls off the case. The NR code requires an end date. The end date can only be a month and year therefore it will be important to include a narrative in TRACS indicating the exact day, month, and year the 120th day falls.
In the scenario above, Christina left her job on March 7 and the 120th day falls on July 10. The ESD code would be added to the Needs Resource and Case Descriptor. The end date for the ESD NR code would be 07/12. A narrative would be added to TRACS indicating the 120th day falls on July 10.
|Example 4:||Michael, Sandy and their children are applying for TANF. Michael and Sandy are both caretaker relatives and members of the need group.
Question:Would OAR 461-135-0070 apply to both Michael and Sandy?
Answer: Yes. Michael and Sandy are both caretaker relatives. The rule applies to all caretaker relatives.
Michael was working 120 hours per month and left his job on March 2. You found out Michael left the job because he was fired for misconduct. You determine he did not have good cause. Sandy's last job was in October. The family's date of request for TANF is April 8.
Question: Would you need to look at Sandy's last job?
Answer: No. Sandy's last job ended more than 120 day from the date of request for TANF program benefits.
Question: Is Michael's job considered under OAR 461-135-0070?
Answer: Yes. Michael was working more than 100 hours per month and his job ended within 120 days prior to the date of request for TANF program benefits.
You had already determined that Michael did not have good cause for leaving his last employment.
Question: How long will Michael, Sandy and their family be ineligible for TANF?
Answer: 120 days from the date Michael left his employment. They would not be eligible for TANF until after June 30.
Question: What Needs Resource and Case Descriptor codes would you place on Michael?
Answer: ESD. An ESD Needs Resource and Case Descriptor code would be placed on Michael.
Question: What is the end date for the NR code?
Answer: The end date for the NR code would be 06/12.
|Note:||What if Michael accepts a new job, works for a month and is laid off? Would he be able to apply for TANF? If the new job was more than 100 hours, then we would use the new job and the family may now be eligible for TANF.|
|Note:||What if Michael leaves the need group? If Michael leaves the need group, the remaining member would not be impacted by the 120-day penalty as Michael is no longer in the household.|
Are there individuals who are not affected by employment separation rule?
The following individuals are not affected by the employment separation rule when applying for TANF or MAA program benefits. They include:
|Note:||An individual who is on Family Medical Leave Act (FMLA) or administrative, maternity or other form of a leave of absence from their current job is considered to still be working. Therefore, the employment separation would not be a factor because they have not been separated from their job.|
Specific Requirements; MAA, MAF, and TANF: 461-135-0070
Parents as Scholars: 461-190-0199
Guidance for determining good cause
First we will look at a list of reasons which would not be good cause. They include, but are not limited to:
|Note:||The following are not considered to be “misconduct”:
|Example 5:||Brenda is applying for TANF program benefits for her and her child. She was recently working for a medical equipment fabrication company. She was hired five months ago for full-time work. The company has a six-month trial period. At her second- and fourth-month reviews, she received a below average performance rating due to her inability to perform at the required level. Brenda tried to improve her skills but was unable to succeed. The company chose to let her go.
Question: Would Brenda’s situation fall into the category of “misconduct?”
Answer: No. She did not violate her employer’s standards of behavior. She was unable to perform the tasks associated with her job due to lack of skills. Brenda would be given good cause for leaving her employment.
What if a caretaker relative left a job to accept another job? An individual can leave work to accept an offer of other work and it would be considered good cause, but only when:
Accommodation or accommodations provided were not adequate enough to overcome a physical or mental impairment
"Good cause" means a reasonable person of normal sensitivity, exercising ordinary common sense, would leave work. For an individual with a permanent or long-term physical or mental impairment (as defined at 29 CFR 1630.2(h)) good cause for voluntarily leaving work is such that a reasonable person with the characteristics and qualities of such individual would leave work.
|Example 6:||Kristine was working for the local school district. She has a disability and required accommodations. The district provided the needed accommodations. Even with the accommodations, Kristine was unable to perform her assignments. The school district ended up letting her go from this job.
Question: Does Kristine have good cause?
Answer: Yes. Kristine is an individual with a disability. She needed accommodations in order to do her job. However, even with the accommodations her disability was preventing her from being successful. Kristine would have good cause for leaving this job.
Accepted another job at a higher wage but less than 100 hours a month
Joseph was working over 100 hours and earning $1,450 per month. Forty-five days ago he left this job to accept a job paying $2,000 per month. He worked this job for one month before being laid off due to low company earnings. Joseph only worked 85 hours per month at this new job.
Question: Would Joseph have good cause for leaving his previous employment, which was the job 45 days ago where he earned $1,450?
Caring for a family member with a disability
|Example 8:||Sam was working for a department store. She has a child with several disability issues. Recently her son’s conditions worsened. She was forced to leave work on a regular basis. Her employer was unable or unwilling to accommodate absences. Sam was fired.
Question: Did Sam have good cause for leaving this job?
Answer: Yes. Sam was needed to care for her child with a disability. She would have good cause.
|Example 9:||Johanna was working at a restaurant. Last month there was a flood. The restaurant Johanna was working at was hit by a mud slide and damaged beyond repair. She lost her job and is now applying for TANF.
Question: Did Johanna cause her own separation?
Answer: No. Johanna lost her job due to the company going out of business. In Johanna’s situation, good cause would be given for the reason she left her employment.
Question: What if the employer was still open for business but Johanna was unable to get to work because the road was washed out. Would Johanna have good cause?
Answer: Yes. Johanna would have good cause. The road was washed out due to a natural disaster.
|Example 10:||Darren was working for a fast food restaurant. He was court ordered to attend classes. He tried to work with his employer to set up a schedule around his classes but the employer was unable to accommodate. Darren knew that the classes were required and missing them could lead to serving jail time. Darren decided to leave this job and continue to attend the classes.
Question: Did Darren have a good reason for leaving this job?
Answer: Yes. Darren chose to attend the court mandated classes. The alternative would have been mandatory jail time and the potential loss of his child. Darren tried to work out a solution with his employer but his employer was unable to work with Darren’s schedule. Darren would have good cause for leaving this job.
Employer was unable or unwilling to provide a needed accommodation
|Example 11:|| Andrew had just secured a job six weeks ago. He has a disability and requires some accommodations. After Andrew was offered the job, he told his employer he would need a few accommodations. His employer was unwilling to provide the needed accommodation. Andrew tried to do the job but ended up leaving the job after only one month.
Question: Does Andrew have good cause for leaving this job?
Answer: Yes. Andrew would have good cause because his employer was unable or unwilling to provide a needed accommodation.
|Note:||In Oregon, employers with six or more employees are required to follow the provisions of the Americans with Disabilities Act, which includes providing reasonable accommodations. Unless an employer can prove there is an undue hardship, they must provide any reasonable accommodation. This is required by law.|
Employer engages in employment practices that are illegally discriminatory on the basis of age, sex, race, religious or political belief, marital status, disability, sexual orientation or ethnic origin.
|Example 12:||Isabella was working as a payroll technician for a manufacturing company. She was asked to join a political organization affiliated with the company. She explained that she could not join this organization because of her religious beliefs. Three days later she was fired.
Question: Would Isabella have good cause for leaving (being fired from) this employment?
Answer: Yes. If she was asked to join a political organization and refused due to religious beliefs she would have good cause for leaving this employment.
Entered, or will be entering within the next 30 days, a residential treatment facility.
|Example 13:|| Julia, Mason and their three children apply for TANF. Mason has been working for the past three years with the same employer. Over the past year his use of alcohol has increased. It is now becoming a problem, which is threatening his job, family and himself. He is working with a local organization to get help. They recommend residential treatment. Mason attempts to work something out with his job but his employer is unable to accommodate. Mason leaves his job to enter treatment.
Question: Would Mason have good cause for leaving his job?
Answer: Yes. Mason had a choice and he chose to get help. His options were limited and he chose his family. He entered the residential treatment center but had to leave his job. He decided to confront his alcohol abuse issue instead of allowing possible harm to his family or himself.
Recommendation by Child Welfare or other agency
|Example 14:|| Alison was working as a supervisor in a warehouse. She was working the swing shift. Alison has two children. She has a history with Child Welfare. Her case worker suggests that she leave the swing-shift and find a job working during the day because of her children’s needs. Alison leaves the job and is currently looking for daytime work. She applies for TANF.
Question: Would the reason Alison was separated from her job be considered good cause?
Answer: Yes. Alison would have good cause. Her Child Welfare worker suggested she leave the swing-shift job or potentially lose her children. She left this job and is seeking other employment.
|Note:||An applicant may be working with other agencies such as Parole and Probation, Vocational Rehabilitation, Veterans Affairs, etc. Each situation will be looked at individually.|
Unable to obtain or maintain appropriate child care
|Example 15:|| Sandy was working with a local computer company until two weeks ago. Her child, Michael, has special needs. Sandy had a good day care situation but her provider moved out of town. There were no other providers able to provide special needs care for Michael. She was forced to leave her job. |
Question: Would Sandy have good cause for leaving her last job?
Answer: Yes. Sandy had appropriate child care for Michael. However, the availability of special needs care was limited. She was unable to find another provider and would have good cause for leaving her last job.
|Note:||Good cause is not limited to special needs care but also includes regular child care. The situation may be that the applicant had their hours reduce but still over 100 hours. However, the reduction caused the applicant to no longer be able to afford child care. This would also be good cause.|
Unsafe workplace, risk to an individual’s health and wellbeing
|Example 16:|| Judith is a TANF applicant in the sixth month of pregnancy .You find out she left a job last month. She was working full time, 100 plus hours per month. You ask why she left and she tells you she was working in a job that required close contact with different types of chemicals. She asked her boss about other positions but none were available. She says she was scared for the health of her unborn and decided, after consulting her doctor, it was best to leave this job.
Question: Was Judith acting reasonably?
Answer: Yes. In this example Judith was being reasonable and made a good common sense decision. She tried to work out a different position with her boss and when that failed she took the advice from her doctor and left the job.
What if the applicant was self-employed? Are they subject to the requirements in OAR 461-135-0070?
Individuals, who are self-employed, regardless of where they were self-employed, are also affected by the employment separation OAR 461-135-0070. You will need to determine how much money the individual made in the last full calendar month they were self-employed; determine how many hours they worked; and find out the reason why the self-employment ended.
If the caretaker relative’s self-employment job was within the past 120 days, we will use their income from the last full calendar month of self-employment to accurately determine the number of hours they worked.
|Example 17:||Patrick is self-employed. He last worked five weeks ago. He had been selling goods at Saturday market. He earned $600.00 in the final full calendar month. You will need to figure out the number of hours he worked. For self-employed, the hours worked is based on the income divided by Oregon minimum wage. Divide $600 / $8.95 = 67.04 hours, which are less than 100 hours.
Question: Is Patrick subject to the eligibility requirements of employment separation OAR 461-135-0070?
Answer: No. Patrick’s last job (self-employment) was 68.2 hours, which is under the 100 hour minimum. This means Patrick is not subject to the eligibility requirements of employment separation OAR 461-135-0070.
|Example 18:||Marcia, Bobby and their children are applying for TANF. Bobby is a person with a disability who is applying for SSI. Marcia’s last job ended six weeks ago. She was working 130 hours per month. You will need to determine whether Marcia had good cause for leaving this job. You ask Marcia why she left her job. She explains she left because she accepted a job with another company at a higher pay and more hours. After she left her job, the new employer’s business went bankrupt and she lost her job. When Marcia accepted the job, she was unaware of her new employer’s financial trouble. She spoke with her ex-employer to ask about getting her old job back, but the employer had hired someone already.
Question: Does Marcia have good cause?
Answer: Yes. Marcia quit a job to accept a higher paying job. The new employer went bankrupt and for that reason Marcia lost employment.
|Example 19:||Bill and his children are applying for TANF. Bill’s last job was six weeks ago. He worked 150 hours that month. He left his job because he was expecting to be fired. Bill had been having problems with co-workers and getting into arguments with his supervisor.
Question: Is this family eligible for TANF?
Answer: No. Bill left his job in anticipation of a discharge or being fired. The family is ineligible for TANF.
Question: Can the family receive medical assistance such as MAA?
Answer: Yes. This policy applies to TANF program benefits only. The family is still eligible for MAA or MAF. Other eligibility factors will need to be determined.
|Example 20:||Zoey has been receiving TANF for a year. It is time to re-determine her eligibility for TANF. She turns in her re-determination packet and you begin your eligibility determination.
Question: Do you need to determine if Zoey had a job in the past 120 days?
Answer: Yes. You are re-establishing Zoey’s eligibility for TANF. The new policy/rule is an eligibility factor and must be considered.
|Example 21:||Silvia is applying for TANF. You are reviewing her eligibility and are looking at her past jobs. You find her last job. She worked one month ago. She was hired part-time and worked 60 hours that month. Silvia’s last job before this one was six months ago.
Question: Would Silvia’s job affect her eligibility for TANF?
Answer: No. This is a job Silvia worked within the past 120 days before applying for TANF program benefits. However, she was only working 60 hours a month and not the required 100 or more hours.
Question: Would you look at Silvia’s prior job to determine if the job would qualify under OAR 461-135-0070?
Answer: No. Silvia’s prior job was six months before her date of request for TANF program benefits, which is more than 120 days.
|Example 22:||Brighton and his two sons are applying for TANF benefits. He had a job four weeks ago but left this job to take a trip with his sister to Alaska. He worked 150 hours in the final full calendar month on this job. This is his last job.
Question: Does Brighton's job meet both of the two tests – within the past 120 days from the date of request for TANF and 100 hours or more?
Answer: Yes. Brighton's job does meet both of the tests. You would need to look at the reason he left the job.
Question: Are Brighton and his sons eligible for TANF?
Answer: No. He voluntarily left this job to take a trip with his sister. In this scenario, Brighton and his children would not be eligible for TANF program benefits. They may still be eligible for MAA.
|Example 23:|| What if Brighton left the job because his sister was dying and he needed to be there to help care for his sister’s children? His sister had no other support in the area.
Question: Was Brighton a reasonable person exercising good common sense?
Answer: Yes. Brighton would have good cause for his decision.
|Example 24:||Jennie has come into your office to apply for TA-DVS. She is attempting to escape an abusive relationship. You remember that certain requirements can be waived when applicants are escaping domestic violence. (See OAR 461-135-1200.)
Question: Can you waive the employment separation rule (OAR 461-135-0070) when considering Jennie’s application for TA-DVS?
Answer: Yes. You are able to waive the requirements of the employment separation rule when considering an application for TA-DVS.
Question: You were able to waive the employment separation rule requirements for TA-DVS, but are you able to waive those requirements for Jennie’s application for TANF program benefits?
Answer: Yes. You are able to waive the requirements of the employment separation rule when considering Jennie’s application for TANF program benefits. The reason you can do this is because of the risk to Jennie if we deny TANF, which could force her back to the abuser.
|Example 25:||Alma and Pat, along with their five children, come into your office to apply for TANF. Both Alma and Pat have worked in the past 120 days.
Question: Do you have to determine eligibility for TANF based on OAR 461-135-0070 (employment separation) for Alma and Pat?
Answer: Yes. Alma and Pat are both caretaker relatives. You will need to determine how many hours per month Alma and Pat were working and the reason they left their last jobs.
You find out Alma left her job because her hours were cut to 15 hours per week and the couple could no longer afford child care. Alma had the highest earnings. Pat was working 40 hours per week. He left his job when the company was laying off staff due to a downturn in orders.
Question: Would Alma's job be considered under OAR 461-135-0070, the employment separation rule?
Answer: No. Alma’s hours were cut to 15 per week. This means her monthly hours would fall to less than 100 hours. This job would not be considered.
Question: Would Pat's job be considered under OAR 461-135-0070?
Answer: Yes. Pat was working full time, which would be more than 100 hours per month.
Question: Would the reason Pat left his job make the family ineligible for TANF?
Answer: No. Pat was laid off from his job. The family would still be eligible for TANF.
|Example 26:||Lorena is a tattoo artist. A friend of hers, Brad, has let her set up a space in his store. She was working there for the past year. Two months ago she got into an argument with her friend and he asked her to remove her things from his shop.
Question: Do you have to determine eligibility for TANF based on OAR 461-135-0070 (employment separation) for Lorena?
Answer: No. Lorena was not working for Brad. She is self-employed and remains self-employed. At this time she does not have a location to set up her equipment. She would not be affected by the employment separation as she has not separated from a job.
In single parent families: during the eligibility determination for TANF program benefits, the parent in the need group must:
In a two-parent family:
The employability screening and overview of the JOBS program must be offered during the initial eligibility intake for TANF.
Requirement to Complete an Employability Screening and Overview of the Job Opportunity and Basic Skills (JOBS) Program; TANF: 461-135-0485
Employability screening tool and overview of the JOBS Program
The Self Assessment Quick Screening Tool (DHS 7823A) is referred to as the Employability Screening Tool. This tool includes questions about the individual's household, health, strengths and issues to solve. The tool will be used to help determine the individual's service level in the JOBS Program.
|Example 1:||Gretchen and Paul are applying for TANF with their three children. Gretchen attends the TANF intake without Paul who is watching the children.
Question: Does Paul have to complete the Employability Screening Tool (DHS 7823A)?
Answer: Yes. Paul must complete the Employability Screening Tool. Paul could fill one out and have Gretchen deliver it at the intake. If Paul did not fill one out the case worker would send the screening tool home with Gretchen along with a pending notice.
The Overview of the JOBS Program is a discussion between the case worker and the individuals. Like the Employability Screening Tool, the discussion about the JOBS Program should be offered during the initial eligibility intake for TANF. This will give the family the ability to clear eligibility as soon as possible.
|Example 2:||Spencer and Meredith are applying to TANF benefits for themselves and two children. Spencer attends the intake appointment while Meredith cares for the children. Spencer has filled out his Employability Screening Tool and also has a completed one from Meredith. Spencer finishes the intake, which included an overview of the JOBS program.
Question: Spencer participated in the overview of the JOBS program but Meredith did not participate. Does Meredith need to participate in the overview of the JOBS program before the family receives TANF?
Answer: No. Only one parent in a two-parent family needs to participate in the overview of the JOBS program.
Requirement to Complete an Employability Screening and Overview of the Job Opportunity and Basic Skills (JOBS) Program; TANF: 461-135-0485