133 LENGTH OF ELIGIBILITY SR 00-08, 02/00 (FAM-A) |
TANF cases do not have certification periods. Cases remain eligible until they are determined ineligible.
60-Month Lifetime Limit on Receipt of TANF Financial Assistance
Individuals who receive TANF financial assistance as an adult, minor casehead, or minor spouse of the casehead are restricted to a 60-month lifetime limit on receipt of financial assistance. Any months in which TANF financial assistance is received while a dependent child are not counted toward the lifetime limit. The 60 months do not have to be consecutive. The limit applies *:
• regardless of the state or states in which TANF benefits were received; See FAM 303.09, Out-of State Recipient Moves into New Hampshire; and
• only to financial assistance benefits funded under a state’s TANF block grant.
Family Violence Options (FVO)
Families that include an individual who is or has been a victim of family/domestic violence may request special consideration within TANF, including:
• an exemption from the 60-month lifetime limit on receipt of financial assistance;
• special considerations within NHEP;
• a waiver of child support cooperation requirements; and
• a waiver of the 12 month period of ineligibility when a family moves into NH after losing TANF eligibility in a previous state due to that State’s time limit or alien eligibility policies.
Definition of Family/Domestic Violence
The term "family/domestic violence" has the same meaning as "battered or subjected to extreme cruelty," and is defined as having been subjected to any of the following:
• physical acts that resulted in or threatened to result in physical injury to the individual;
• sexual abuse;
• sexual activity involving a dependent child;
• being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
• threats of, or attempts at, physical or sexual abuse;
• mental abuse; or
• neglect or deprivation of medical care.
*
Family/Domestic Violence Standardized Procedures and Documentation
The individual requesting special consideration under the Family Violence Option must complete Form 754C, TANF FVO Request, and provide any of the following documentation:
• court, medical, criminal, child protective services, social services, psychological or law enforcement records;
• a written statement from a public or private social agency;
• a written statement from a public or private social agency providing family/domestic violence services; or
• sworn statements from individuals, other than family members, knowledgeable of the circumstances.
Exception: If a client is unable to obtain the documentation listed above, accept the signed section on Form 754C indicating that they or a family member are a victim of family/domestic violence and that compliance with program requirements would:
• make it more difficult for the family to escape the family/domestic violence;
• unfairly penalize the family who is or has been victimized by such violence; or
• put the family at further risk of family/domestic violence.
False information provided on Form 754C will result in the denial of the Family Violence Option request and should be referred for fraud investigation if the individual received TANF financial assistance based upon the false information.
Specific Requirements for a FVO Waiver of the 60-Month Lifetime Limit
A family may not request an FVO exemption from the 60-month lifetime limit until the limit has been met. Once the limit has been reached, or when the family requesting the assistance has previously exhausted the time limit, the individual requesting the exemption from the 60-month lifetime limit must do the following for the request to be considered:
• follow the Family/Domestic Violence Standardized Procedures and Documentation above for documenting and verifying a claim based upon family/domestic violence;
• participate in an individualized assessment; and
• develop an individualized service plan.
A person trained in family/domestic violence must complete both the individualized assessment and the individualized service plan with the client. The assessment will determine if the waiver is granted.
If the individual does not provide required family/domestic violence documentation within normal reporting timeframes and does not sign the 754C, or if the individual refuses to participate in the assessment or the development of the service plan, deny the FVO request for the exemption from the 60-month lifetime limit on receipt of financial assistance.