Revision 06-4; Effective October 1, 2006

A—1931 General Policy

Revision 03-5; Effective July 1, 2003

TANF and TANF-SP

Federal law allows exemption from the 60-month lifetime limit due to hardship. Extended TANF is the TANF and TANF-SP cash assistance program beyond the 60-month lifetime limit. A caretaker or second parent can apply for extended TANF and a hardship exemption at any time during or after their 60th month of assistance.

A—1932 Eligibility Requirements

Revision 13-2; Effective April 1, 2013

TANF and TANF-SP

A caretaker or second parent may submit an application for extended TANF during their 60th month of lifetime TANF benefits, or after. They must:

  • have fewer than 12 months of open Choices or child support penalties during a benefit month since Nov. 1, 1996;
  • have a qualifying hardship exemption (see A-1933, Hardship Exemptions); and
  • meet regular TANF eligibility criteria.

Note: Choices or child support penalty months may not be counted twice, if both penalties are open during the same month.

Review the extended TANF hardship exemptions with the applicant to identify the hardship. If the family qualifies under more than one hardship, the advisor and applicant should decide which hardship exemption is best for the household. After determining that the family meets extended TANF criteria, follow regular TANF eligibility requirements and program policies to determine eligibility.

As a condition of eligibility, require the extended TANF applicant to sign a new Form H1073, Personal Responsibility Agreement, and attend a Workforce Orientation refresher course, even if there is no break in benefits. Extended TANF caretakers and second parents are subject to the same Choices work requirements and exemptions as a regular TANF recipient.

The household is permanently ineligible from receiving TANF benefits when an individual non-complies with Choices or child support requirements after certification for extended TANF.

A—1933 Hardship Exemptions

Revision 13-2; Effective April 1, 2013

TANF and TANF-SP

The extended TANF applicant must have one of the following hardships:

  1. Personal Disability – A personal mental or physical disability expected to last more than 180 days.
  2. Caring for a Family Member with a Disability – Responsible for the care of a family member with a disability for more than 180 days.
  3. Family Violence – Victim of family violence.
  4. Residence in a Minimum Service Choices County– Resided in a minimum l service Choices county
    • during the 60th month of the initial 60-month period, or
    • at any time during the 11 countable months immediately preceding the 60th month.
  5. Lack of Employment – The caretaker or second parent complied with Choices requirements with no more than one Choices penalty since November 1, 1996, but is unable to obtain sufficient employment during the last 12 consecutive months before the end of the 60-month time limit. The individual cannot qualify for this hardship if the lack of sufficient employment during the last 12-month period resulted from voluntarily quitting a job.

Note: Caretakers and second parents who qualify for extended TANF for reasons 4 (Residence in a Minimum Service Choices County) and 5 (Lack of Employment) are limited to a total of 24 cumulative months of benefits. Good cause and Choices exemption months count toward the 24-month limit.

A—1933.1 Advisor Action at Application

Revision 13-2; Effective April 1, 2013

A—1933.1.1 Personal Disability

Revision 14-3; Effective July 1, 2014

TANF and TANF-SP

The caretaker or second parent may qualify for the personal disability exemption if the individual:

  • provides a completed Form H1836-A, Medical Release/Physician's Statement, dated no more than six months before the application month. Form H1836-A must establish that the disability is expected to last more than 180 days.
  • is certified to receive HHSC Long-term Services and Supports.
  • is certified for Supplemental Security Income (SSI).

If the caretaker or second parent is not certified for SSI, inform the caretaker or second parent claiming the disability that the individual must apply for SSI before the next complete review. Follow policy in A-1311.1, Requirement to Pursue SSI/RSDI.

Exception: An SSI application is not required if the applicant has an SSI application pending or previously applied for SSI and was denied within the last 12 months. If the SSI denial was more than 12 months before the extended TANF application month, a new SSI application is required. Inform the individual that this exemption must be re-evaluated at the next periodic review.

A—1933.1.2 Caring for a Family Member With a Disability

Revision 14-3; Effective July 1, 2014

 TANF and TANF-SP

The caretaker or second parent may qualify for the caring for a family member with a disability exemption if the caretaker or second parent:

  • provides a completed Form H1836-B, Medical Release/Physician's Statement, that is no more than six months old. Form H1836-B must establish that the family member's disability is expected to last more than 180 days and that the applicant is needed in the home to care for the family member with a disability.
  • is listed as the primary caregiver in the care plan for the family member with a disability, for family members receiving HHSC Long-term Services and Supports.
  • provides a completed Form H1836-B that is no more than six months old and indicates the applicant is needed in the home to care for the family member certified for SSI.

Refer to Step 2 of A-2543.2.2, Disabling Illness or Injury of Close Family Member, to determine the degree of relationship that applies. The degree of relationship that applies to state time limits applies to FTLs.

If the family member with a disability is not already approved for SSI, inform the person caring for the family member with a disability that the family member with a disability must apply for SSI before the next complete review. Follow policy in A-1311.1, Requirement to Pursue SSI/RSDI.

Exception: An SSI application is not required if the family member with a disability has an application pending or previously applied for SSI and was denied within the last 12 months. If the SSI denial was more than 12 months before the application month, a new SSI application is required. Inform the individual that this exemption must be re-evaluated at the next periodic review.

A—1933.1.3 Family Violence

Revision 13-4; Effective October 1, 2013

TANF and TANF-SP

If the applicant indicates on Form H1713, Service Plan for Family Violence Option and Report of Good Cause, that the individual is a victim of family violence, make an assessment referral to the family violence program specialist following policy in A-1131.1, Good Cause for Family Violence Option. A list of Family Violence Shelters is located at www.hhsc.state.tx.us/Help/family-violence/centers.shtml. The family violence specialist makes a recommendation about the claim. If the family violence specialist establishes that the applicant is a victim of family violence, the applicant is eligible for the exemption.

A—1933.1.4 Residence in a Minimum or Mid-Level Service County

Revision 13-2; Effective April 1, 2013

TANF and TANF-SP

Verify that the applicant resided in a county that offered only minimum or mid-level Choices services during at least one of the last 12 countable months of the individual's 60-month period by reviewing the applicant's residence history. Contact the Local Workforce Development Board (LWDB) to verify the county's service level status during those 12 countable months.

Example: The applicant reached her 60th month of TANF assistance in January. She is applying for extended TANF in July and currently resides in a full-service county but claims that no Choices services were available in her county when she was receiving regular TANF benefits. Verify the applicant's county of residence over the last 12 countable months of her 60-month period. Determine the county's Choices service level status during those months by contacting the local board.

The applicant meets this exemption criteria if the individual resided in a minimum service Choices county in any month during the entire last 12 countable months of her 60-month time limit.

A—1933.1.5 Lack of Employment

Revision 13-2; Effective April 1, 2013

TANF and TANF-SP

The applicant must have

  • no more than one Choices penalty during the individual's 60-month time limit; and
  • been unable to obtain sufficient employment during the last 12 consecutive months before the end of his 60-month time limit. Count back 12 calendar months from the 60th month. The 60th month is month one of the 12 months.

Note: The individual cannot qualify for this hardship if the lack of sufficient employment during the last 12-month period resulted from voluntarily quitting a job.

A—1933.2 Advisor Action at Complete Review

Revision 13-2; Effective April 1, 2013

TANF and TANF-SP

At each complete review after initial certification for extended TANF benefits, advisors must verify that the individual continues to meet

  • the hardship criteria for extended TANF benefits due to a disability, caring for a member with a disability, or family violence; and
  • all other TANF eligibility requirements.

Advisors are not required to re-verify hardship due to residence in a minimum/mid-level service county or lack of employment exemptions at complete review.

A—1933.2.1 Personal Disability or Caring for a Family Member With a Disability

Revision 14-3; Effective July 1, 2014

TANF and TANF-SP

The advisor must:

  • obtain a new Form H1836-A, Medical Release/Physician's Statement, or Form H1836-B, Medical Release/Physician's Statement, if the form in the EDG record is more than six months old to verify that the applicant:
    • or family member still has a disability expected to last more than 180 days, or
    • is needed in the home to provide care for a household member with a disability;
  • verify that the caretaker or second parent with a disability is receiving HHSC Long-term Services and Supports or, in the case of a family member with a disability, that the recipient continues to be designated as the primary caregiver in the family member's care plan;
  • verify that an application for SSI has been submitted since the previous TANF application, if applicable, or require a new application for SSI if it has now been 12 months since being denied for SSI; or
  • verify that the caretaker/second parent or family member is certified for SSI.

Note: If the caretaker/second parent with a disability already receives SSI, then eligibility for the personal disability exemption is met. If the family member with a disability receives SSI, a current Form H1836-B is still required to verify that the caretaker/second parent is needed in the home to provide care.

At complete review, if the member with a disability ... and ... then ...
applied for SSI benefits, the application is pending, accept a pending notice as verification of the application or perform State Online Query/Wire Third-Party Query (SOLQ/WTPY) inquiry to check the status of the SSI application.

Note: If the pending notice is more than 12 months old and the individual indicates this is the only notice received, check the status by performing SOLQ/WTPY inquiry.
applied for SSI benefits, the individual is eligible for SSI benefits, follow procedures in A-2344.1, Form TF0001 Required (Adequate Notice); send Form TF0001, Notice of Case Action, to remove the SSI household member from the EDG; and adjust the SNAP EDG, if applicable.

Note: If an adult in a TANF-SP household is certified for SSI, transfer the remaining members to TANF, if eligible.
applied for SSI benefits, the individual is ineligible for SSI benefits and provides Form H1836-A indicating the individual meets disability criteria, accept Form H1836-A as verification.
has not applied for SSI benefits,   deny the EDG. If the individual reapplies after denial, the individual must provide verification of SSI application before certification.

A—1933.2.2 Family Violence

Revision 13-2; Effective April 1, 2013

TANF and TANF-SP

At complete review, if the recipient continues to indicate a victim of family violence status, provide the extended TANF recipient with Form H1713, Service Plan for Family Violence Option and Report of Good Cause. Make an assessment referral to the family violence program specialist following policy in A-1131.1, Good Cause for Family Violence Option. A list of Family Violence Shelters is located at www.hhsc.state.tx.us/Help/family-violence/centers.shtml. If the family violence specialist establishes that family violence continues to exist, the household continues to be eligible for this exemption.