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The Basics of TAFDC: An Overview of the Non-Financial Rules

The Basics of TAFDC: An Overview of the Non-Financial Rules. Cash Assistance Basic Benefits Training Ruth Bourquin Massachusetts Law Reform Institute Action for Boston Community Development November 18, 2009. What Is TAFDC?.

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The Basics of TAFDC: An Overview of the Non-Financial Rules

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  1. The Basics of TAFDC: An Overview of the Non-Financial Rules Cash Assistance Basic Benefits TrainingRuth Bourquin Massachusetts Law Reform Institute Action for Boston Community Development November 18, 2009

  2. What Is TAFDC? • TAFDC is the cash assistance program in Massachusetts for low-income families with children and pregnant women. • TAFDC stands for Transitional Aid to Families with Dependent Children. • The name was changed to TAFDC from AFDC in 1995 as part of “welfare reform” in Massachusetts.

  3. What Are the TAFDC Benefits? • A monthly cash grant based on family size and net countable income that is paid in 2 monthly installments. • A $40/mo. rent allowance for those in private, non-subsidized housing. • A $150 clothing allowance for children in September. • A crib and layette benefit for new babies. • Automatic eligibility for MassHealth. • Eligibility for employment services, including child care, transportation and job training.

  4. Who Is Eligible for TAFDC? • Families with a child (or children) under the age of 18 or age 18 and expected to graduate from high school by age 19. • Women in their last trimester of pregnancy. • Households in these 2 categories are considered “categorically” eligible.

  5. Who Is Eligible for TAFDC? (continued) • In addition to being categorically eligible for TAFDC, a household must be very low income. • Next session will cover financial eligibility rules.

  6. Other Rules Governing TAFDC • Before the 1990s, families who were categorically and financially eligible for AFDC received it. • But in the 1990s, a “welfare reform” wave swept across the country and now there are other rules that must also be met.

  7. “Welfare Reform” Facts • “Welfare reform” generally applies only to cash assistance programs for families with children. • Different states have adopted different rules. • Massachusetts adopted its version in 1995. • Federal government adopted a version in 1996 but rules for families are governed by state law.

  8. Key Reform Rules under1995 State Law for TAFDC • Family cap • Work requirement for those not exempt • Time limit for those not exempt • Child Support assignment and cooperation • Teen parent school attendance and living rules • School attendance rules for child up to age 14 • Immunization

  9. Family Cap • No TAFDC for child born 10 months or more after family 1st gets TAFDC (born after “family cap date”). • “Family cap date” for a family is 10 months after first apply for TAFDC. • Youngest child not barred by family cap is called “child of record” (relevant to time limit and work requirement). • Stated purposes of “family cap” were to stop TAFDC families from having kids they cannot support and to provide “equal treatment” to welfare and non-welfare families who don’t get a wage increase when baby born.

  10. Family Cap – Exceptions and Waivers • Baby was born more than 20 months after TAFDC last ended. • Child was born as result of rape, incest or other extraordinary circumstances. • Child lives with an adult who does not receive TAFDC, has no legal obligation to support the child and has not previously had her own “family cap date” set. • Waivers can be granted when child otherwise barred but parent is dead, incapacitated, incarcerated or institutionalized or has transferred legal custody.

  11. Time Limit • 24-month limit out of every 60 months. • Extensions beyond 24 months for those DTA determines eligible, e.g., because cooperated with work rules but still cannot support family. • Time limit starts over 5 years/60 months after first received time-limited benefits. • Applies only to those who are not “exempt.” • Time limit is key piece of what makes TAFDC “Transitional.”

  12. Work Requirement - Hours • 20 hrs/week for those with a “child of record” between 2 and 6 years old. • 24 hrs/week for those with a “child of record” between 6 and 9 years old. • 30 hrs/week for those with a “child of record” age 9 and older.

  13. Work Requirement - Activities • Paid work • Community service (default activity – DTA must provide site if needed) • Supported work programs • Job search approved by DTA • Vocational rehabilitation programs approved by DTA • Vocational education or training for up to 12 months per person—includes ABE, ESL, skills training and higher education plus1 hour of study time for every class hour • Housing search by those in shelter • Note: Those in shelter meet TAFDC work requirement if meeting housing search requirement. Homeless families often have additional work hours mandated as a shelter requirement, but should not receive TAFDC work sanctions if meeting housing search requirement.

  14. Work Requirement - Other • Must be in activity 60 days after become non-exempt. • Parent can select activity or combination of activities. • If parent is not in other activity, DTA must assign to community service at available and appropriate site.

  15. Work Activity - Sanctions If subject to and not meeting the work requirement, DTA will impose the following sanctions: • Step 1 – assign to a community service site • Step 2 – reduce grant by parent’s portion ($100) • Step 3 – terminate assistance to entire family = “full family sanction”

  16. Work Activity – Good Cause and Curing Sanctions No sanction should be imposed if parent has “good cause,” including: • Lack of available and appropriate child care • Lack of affordable and reliable transportation • Lack of an available and appropriate community service site • Need to do housing search • Family crisis, illness or disability If, after being sanctioned, parent complies for 2 weeks, sanction is “cured” and benefits should be restored. Participation that happens after case closed and before new application filed should be counted toward the “cure.”

  17. Exemptions from Time Limit and Work Requirement • Adult is disabled (SSI, SSDI, or state standard) • Adult is caring for disabled family member in the home and unable to work full time • Adult has “child of record” under age 2 • Adult has “family cap child” under 3 months • Adult is pregnant and baby is expected within 120 days • Non-parent relative is caring for children and receiving TAFDC only for them • Adult is 60 or older • Teen parent is meeting school and living rules

  18. Exemptions - Other • When adult does not have legal status, family is exempt from time limit but not the work requirement—parent can be made to do community service. • In 2-parent families, both parents must be exempt for family to be exempt. • Parents seeking disability exemption presumed to be exempt while first claim (or first claim in new 60-month period) is pending. • Time limit and work requirement can be suspended or modified by domestic violence waivers or reasonable accommodations under the ADA.

  19. Child Support Assignment • Parent must “assign” to the state (Dept. of Revenue or DOR) the right to seek and collect child support for any child receiving TAFDC. • Purpose is to allow state to be “paid back” for assistance. • Duty to assign does not apply to child support for a child barred by the family cap. • Sanction for not assigning is denial of assistance to entire family until assignment is made.

  20. Child Support Cooperation • Parent must agree to “cooperate” with DOR efforts to collect child support. • Cooperation includes identifying absent parent, going to court if needed, etc. • Parent can claim “good cause” for not cooperating if cooperation will cause physical or emotional harm to parent or child or pregnancy due to rape or incest.

  21. Child Support Cooperation (continued) • Family is eligible for full benefits while good cause is being reviewed. • If good cause is denied, custodial parent is given written notice and 14 days to cooperate. • If no good cause and no cooperation, family’s grant is reduced by custodial parent’s portion or 25% of the entire grant, whichever is greater. • Benefits reinstated if/when agree to cooperate.

  22. Immunization • Proof of immunization is required for all dependent children unless there is “good cause.” • Good cause can be claimed for religious or health reasons. • Proof of immunization includes: • Proof of school, Head Start or licensed child care enrollment • Note from doctor on letterhead • DTA form signed by doctor • Copy of a bill for a well-child visit

  23. Teen Parent School Attendance • Teen parents who do not have a high school diploma or a GED must be: - In school full time; - In the Young Parents Program; or - In a GED program with other training or employment-related activities for a total of 20 hours per week. • “Teen parents” are those who are 19 or younger and will not turn 20 within 60 days, receive TAFDC for themselves either as a dependent child or as grantee, and have a child or are in their last trimester of pregnancy.

  24. Teen Parent School Attendance (continued) • Teen parents can claim “good cause” for not meeting school attendance rules but there are no “exemptions.” • Good cause includes lack of child care, transportation, health problems, etc. • Sanctions for failure to comply with teen parent school attendance rule are: - reduction of grant by parent’s portion; - termination of entire grant if non-compliance continues beyond 30 days.

  25. Teen Living Arrangement Rules A teen parent under 18 must live in a teen living program (group home) unless she: • Lives with one or both of her parents • Lives with an adult age 20 or older who is related to her baby (not including the baby’s father if she is not married to him) • Lives with a spouse • Lives with a legal guardian or a foster care parent • Is 17 and a teen specialist says she can live on her own • Will turn 18 in the next 60 days • Is a graduate of a DCF independent living program

  26. Teen Living Arrangement Rules (continued) • Teens who are 18 or 19 should be allowed to live independently if they meet the school attendance rules or have a high school diploma or a GED.

  27. School Attendance Rules for Children Who Are Not Parents • Every school-age child under age 14 must regularly attend school. • The child can have no more than 8 unexcused absences in a quarter or the parent will be placed on probation. • If the child has more than 3 unexcused absences in any month during the probation, the family will lose the child’s portion of the grant ($100). • Probation continues until the child has 6 months in a row with no more than 10 unexcused absences. • This rule does not apply to a family in which the parent is disabled.

  28. How to Stay on Top of the Changing Rules • Check the relevant regulations (www.mass.gov/dta) • Check the TAFDC Guide • Consult with legal services and MLRI • Come to next year’s Basic Benefits Training

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