Release 69:  Effective April 1, 2013

TANF -
N.  Time Limit for TANF
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Under federal and state law, most families can receive TANF cash assistance for a total of 60 months (five years). TANF cash assistance is intended to be a temporary means of support while families work towards self-sufficiency. In Oregon, the 60-month time limit began in July of 2003 and is applied differently, based on state law, than federal time limits.

  1. Who is affected by TANF Time Limits?

    A minor parent head of household or an adult may not receive a TANF grant in Oregon if that person has received a TANF grant in excess of 60 months except as noted below.

    Note:  Some states count months when there is a child-only case. Oregon does not, and information about child-only cases should not be shared with another state or added to our system.

  2. What months do not count?

    The following months will not count toward Oregon's time limits:

    • Months prior to July 1, 2003, in which a minor parent head of household or an adult received TANF cash assistance in Oregon or another state; or

    • Months between July 1, 2003, and September 30, 2007, in which a minor parent head of household or an adult received TANF cash assistance in Oregon; and

       -  Participated in required JOBS activities or other education, employment or job training program, including teen parent programs; or
       -  Was not required to participate in JOBS activities or other education, employment or job training program, including teen parent programs.

    • Months beginning July 1, 2003, in which the family resided in Indian Country (as defined in 18 U.S.C. 1151), and 50 percent or more of the adult residents of that area were unemployed;

       -  The Oregon Employment Department provides information to DHS annually about which counties qualify for the Indian Country exemption.  The exemption is applied retroactively to the state and federal time limit count.

      Note:  When a client lives in a county deemed Indian Country, no months will count, even if the individual’s case was coded with a TLY.

    • Months between October 1, 2007, and June 30, 2009, and months between October 1, 2012, and April 30, 2012, in which:

       -  The filing group is a two-parent family receiving cash assistance in Oregon for which deprivation is based on unemployment or underemployment of the primary wage earner.

    • Months beginning October 1, 2007, in which:

       -  The minor parent head of household or an adult is a participant in the Oregon JOBS Plus, Pre-TANF, Post-TANF or SFPSS programs; or
       -  The individual who is now a parent or pregnant was a minor child in the household and was neither the head of a household (i.e., minor parent head of household), nor married to the head of a household; or
       - 

      A minor parent head of household or an adult receives TANF in Oregon and is a participant of the Degree Completion Initiative (DCI) activity and is enrolled in an educational institution consistent with OAR 461-190-0195 (repealed October 1, 2008), or
       -  (TLE) A minor parent head of household or an adult receives TANF in Oregon and is a participant of the Parents As Scholars (PAS) activity and is enrolled in an educational institution consistent with OAR 461-190-0199, or
       -  A minor parent head of household or an adult is unable to obtain or maintain employment for a sufficient number of months to satisfy the federally required participation rates (see OAR 461-001-0025) because the individual meets one of the following time limit hardship exemption criteria:

      1. (TLD) Is a victim of domestic violence (see OAR 461-001-0000);

      2. (TLL) Has a certified learning disability*;

      3. (TLA) Has a verified alcohol and drug* or (TLM) mental health condition;

      4. (TLS) Has a disability* (see OAR 461-001-0000);

      5. (TLC) Has a child with a disability*, which prevents the parent from obtaining or keeping employment;

      6. (TLN) Is caring for a family member who has a disability*, is in the home and is not attending school full-time;

      7. (TLX) Is deprived of needed medical care; or

      8. (TLB) Is subjected to batter or extreme cruelty.
      *#b through f above require documentation from a licensed or certified professional qualified to make such a determination of the condition or circumstance.

    Note:  The applicable need/resource code (TL codes shown above) should be entered on UCMS when a client meets one of the above criteria for being removed from the time limit count for months on assistance in Oregon. If a client does not qualify for an exemption, use a TLY code.

    Economic Hardship Exemption:

     -  Months beginning July 1, 2008, and ending April 30, 2012, did not count towards the Oregon time limit for any adult or minor parent head-of-household living in Oregon. The economic hardship exemption was in place due to high unemployment rates across the state.

    Definitions for Chapter 461: 461-001-0000
    Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, Post-TANF, TANF: 461-001-0025
    Benefit Group: 461-110-0750
    Good Cause; Employment Programs: 461-130-0327
    Limitation on Eligibility Period; TANF: 461-135-0075

  3. Verifying Months of TANF Receipt

    When a client provides information at application or re-determination that they have received Tribal TANF or TANF out-of-state for any month or months since August 1, 1996, a determination of countable months of TANF must be made.

    Note:  Information regarding prior receipt of TANF is collected on the Application for Services (MSC 415F).

    Written or verbal verification from the respective state(s) and/or Tribal program is needed to determine number of countable months of TANF cash assistance. See Multiple Program Worker Guide (MPWG#4), Contacts for Statewide Verification of Assistance.

    Note:  Please follow guidance in the MPWG#4 on how to contact the other state (e.g., by phone, fax or email). A sample fax cover or email template is available in TANF Staff Tools under the Time Limit section. Also, remember to call during business hours based on the other state’s time zone.)

    If the other state does not respond to a request for out-of-state time on TANF once all other eligibility factors are cleared, you can open benefits for the children. For the adult or minor parent head-of-household, pend the case for up to 45 days. During the 45 days continue to try to make contact with the other state. If no documentation is received from the other state and there is no other verification available from the client, deny benefits to the adult until such documentation is received.

    Verification; General: 461-115-0610

    Note:  When time is verified from another state, you do not go back and apply the Oregon time limit exemption criteria (see (B) above) to the out-of-state months.

    Note:  Staff should note in the comment section of the time limit client index screen on CMS the name of the person they spoke with, the persons contact information (phone or fax number) and date of contact.

    Note:  Along with the information noted above: If the individual received Tribal TANF, select the state in which the tribe is mostly located and note the name of the tribe in the comment section.

    Note:  Staff need to enter the number of countable months of Tribal TANF or TANF out-of-state on the Client Index (CI Find) screen, under "Other." Use federal time received from the other state, not state time. Out-of-state exemptions do not apply to federal time limits except for Indian County Exemptions. If verification from the other state indicates the months were funded with state funds by the other state, those months are not countable towards the federal or Oregon State time limit.

  4. Coding requirements for clients who have reached 60 points

    If any adult or minor parent head-of-household is no longer eligible to receive TANF due to having reached 60 months of time and meets no exemption criteria, add a TRJ Needs/Resource Code with the first month of ineligibility for that specific person. A TLY case descriptor is required. The in-grant code should be changed to "NO."

    If any adult or minor parent head-of-household has reached 60-months but continues to be eligible because they meet the exemption criteria in B above, add a TRH Needs/Resource Code with a date that matches the review date. Also add a TRH case descriptor. A TL exemption code is required. The in-grant code will remain an "AD."

  5. TANF Eligibility beyond five years

    1. To be eligible to receive TANF in excess of 60 months, minor parent head of households or adults must:

      • Meet one of the time limit hardship exemption criteria, and

      • Cooperate with their case plan (if not otherwise exempt from federal participation), unless good cause exists; and

      • Continue to meet all other TANF eligibility requirements.

    2. A client who meets the federal participation exemption criteria is not mandatory to participate in case plan activities.

      Example: Lisa and her child have received TANF for five years. DHS has documentation of Lisa's learning disability, which has impacted her ability to obtain and maintain employment. Lisa and her child would be eligible to receive TANF beyond 60 months, as long as Lisa continued to cooperate with her case plan, and they continued to meet all other eligibility factors.

      Example: Karen and her two children have received TANF for five years. Karen has provided documentation from her child's pediatrician that she is needed in the home to care for her child due to his disabilities. Karen and her children would be eligible to receive TANF beyond 60 months, as long as they continued to meet all other eligibility factors. Karen is not required to participate in case plan activities, because caring for a disabled child is also a federal participation exemption reason.

      Example: Juan and Maria just moved to Oregon with their children. They had both received TANF in CA for 60 months. The family meets all financial and nonfinancial eligibility requirements except for time limits. Juan has been looking for work, but Maria has been staying at home with their child who has chronic asthma and needs round the clock care. Maria has provided documentation from the child’s doctor that she is needed in the home. Juan meets no time limit exemption criteria, so he will not be able to receive cash, but Maria and the children will continue to be eligible. Juan is mandatory for JOBS and must cooperate with his case plan for the family to continue to receive cash.

      Example: Lisa received TANF in a state where the time limit was 48 months. She moved to Oregon after having timed out in the state she came from. She fits all TANF eligibility requirements. Because Oregon has a 60-month time limit, Lisa is eligible for an additional 12 months of assistance.

    3. Minor parent head of households or adults who do not meet any of the time limit hardship exemption criteria may continue to receive TANF, with the adults needs removed, if they:

      • Cooperate with their case plan (if not otherwise exempt from federal participation), unless good cause exists; and

      • Continue to meet all other TANF eligibility requirements.

      Example: Mary is a single parent with one child applying for TANF. She has received TANF out of state for five years. She has no identified barriers, all screenings have been offered, and she is cooperating with a case plan. Mary's needs will be removed from the grant (coded "NO" on UCMS and a TRJ N/R code should be added) because she has exceeded the 60-month limit, however she may receive TANF for her child as long as she cooperates with her case plan.

      Example: John is a single parent with two children who has received TANF in excess of five years. John does not meet any of the time limit exemption criteria, but has been receiving TANF for his children (adults needs removed). John has stopped participating in activities listed in case plan. Even though John's needs have already been removed from the grant, John is entitled to have the opportunity to participate in the re-engagement process and look at good cause.

      Example: Fred and his wife Mary came to Oregon after having received 60 months of TANF in Washington. The family meets all financial and nonfinancial eligibility criteria, except for time limits. Neither Fred nor Mary fit any Oregon exemption criteria. The TANF case would open just for the children. Both Fred and Mary would need to cooperate with their case plan for the family to remain eligible for TANF.

      Definitions for Chapter 461: 461-001-0000
      Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, Post-TANF, TANF: 461-001-0025
      Benefit Group: 461-110-0750
      Good Cause; Employment: 461-130-0327
      Limitation on Eligibility Period; TANF: 461-135-0075

  6. Cooperation, Re-engagement, Disqualification

    To be eligible to receive TANF beyond 60 months, minor parent head of households or adults must cooperate with their case plan, regardless if their needs have been removed from the grant.

    Individuals who are not cooperating with the requirements of their case plan are subject to disqualification only after the individual has had an opportunity to participate in the re-engagement process which includes a determination by the department of whether good cause exists. Refer to TANF F - Cooperation, Noncooperation, Re-Engagement and Penalties for Noncompliance.

    Any disqualifications that have been accrued for the benefit group members prior to the 60 month limit remain in place.

    Time Limit hardship exemption reasons are specific to determining countable months of TANF receipt and should not be confused with federal participation exemption criteria.

Note: Though JOBS participation exemptions are different than time-limit exemptions, many clients who are exempt from JOBS participation may also qualify for a time-limit exemption. Review cases that are JOBS-exempt for possible time-limit exemptions. Also review INC case for possible time-limit exemptions.

Definitions for Chapter 461: 461-001-0000
Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, Post-TANF, TANF: 461-001-0025
Benefit Group: 461-110-0750
Good Cause; Employment: 461-130-0327
Limitation on Eligibility Period; TANF: 461-135-0075

F SEE ALSO TANF STAFF TOOLS – TIME LIMITS and SS-PT-12-011 and SS‑PT‑12-017.
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