A-2540, State Time Limit Five-Year Freeze-Out Period

Revision 13-2; Effective April 1, 2013

TANF

Apply the following policies during an individual's state time limit five-year freeze-out period:

• TIERS disqualifies a caretaker or second parent from TANF for five years when the individual reaches the end of a state time limit. Exception: Certify the individual for TANF during the freeze-out period when the individual is eligible for a hardship exemption.
• A caretaker or second parent disqualified from TANF because of state time limit policies is eligible for TANF Level Medicaid (TP08) for the 12 months that follow the maximum allowable month of the individual's state time limit.

The state time limit and hardship information in TIERS is printed on TF0001, Notice of Case Action.

 

A—2541 State Time Limit Five-Year Freeze-Out End Date

Revision 13-2; Effective April 1, 2013

TANF

TIERS automatically calculates the end of the individual's state time limit five-year freeze-out period. TIERS displays this date on the individual’s Time Limit page in Individual Inquiry. SAVERR-stored data converted to TIERS can be found in the Time Limit functional area in TIERS. TIERS arrives at the TL Freeze-Out End Date by adding five years to the last state Time Limited month listed on client screen A3. The individual is potentially eligible for TANF without a hardship exemption the month following the TL Freeze-Out End Date in TIERS.

The advisor cannot change the TL Freeze-Out End Date. The individual's Freeze-Out End Date changes only when the state Time Limited months listed in TIERS are adjusted. The automated systems or the advisor adjusts these months using force change procedures.

 

A—2542 When TIERS Takes Action Automatically

Revision 13-2; Effective April 1, 2013

TANF

TIERS automatically takes the actions described in this section when the data for the caretaker or second parent indicates that the maximum allowable number of TANF months have been counted toward the individual's state time limit.

 

A—2542.1 Time Limit Disqualification

Revision 13-2; Effective April 1, 2013

TANF

TIERS disqualifies a certified caretaker or second parent who has used the maximum number of months allowed in a state time limit when:

• the individual is not exempt due to receiving hardship exemption from the state time limit;
• TIERS can correctly rebudget the TANF EDG without denying it.

TIERS follows budgeting procedures for a disqualified legal parent in A-1362.1, TANF — Budgeting for a Legal Parent Disqualified for Alien Status, Failure to Prove Citizenship, Noncompliance with the Unmarried Minor Parent Domicile Requirement or State Time Limits.

Exception: If the only eligible person(s) on the TANF EDG is the caretaker and/or second parent who used the maximum number of months in a state time limit, TIERS reruns eligibility for ineligible EDGs. All the children on these EDGs are disqualified because of noncompliance with employment services or receive:

• SSI;
• foster care payments; or
• adoption assistance payments.

 

A—2542.1.1 TIERS Procedures for SNAP EDGs When an Individual Times Out

Revision 13-2; Effective April 1, 2013

SNAP

After TIERS changes a TANF grant amount in the state time limit automated process, it:

• reruns eligibility and budgets the new TANF amount in the Supplemental Nutrition Assistance Program (SNAP) case; and
• sends a notice to the household stating the new SNAP amount.

 

A—2543 Hardship Exemptions

Revision 13-2; Effective April 1, 2013

TANF

An individual requests a hardship exemption by submitting Form H1010, Texas Works Application for Assistance – Your Texas Benefits, or asking to be added to the household's existing TANF or Medicaid EDG(s). Advise the household of these options whenever the individual expresses a need for assistance.

Certify a caretaker or second parent for TANF during the state time limit five-year freeze-out period when the individual:

• complied with Choices participation requirements while receiving TANF (the individual does not have a Choices penalty);
• is eligible for a hardship exemption; and
• otherwise meets TANF eligibility requirements.

There are three reasons for hardship exemptions:

Hardship	Work Registration Status
County	Time Limited Severe Economic Hardship
Employment	Time Limited Employment Hardship
Severe Personal	Time Limited Personal Hardship

 

A—2543.1 County Hardship Exemption

Revision 13-2; Effective April 1, 2013

TANF

HHSC designates specific Texas counties economically deprived using unemployment and other job-related criteria. HHSC lists these counties on the State Time Limit County Hardship List (C-320) and revises the list every three months.

 

A—2543.1.1 TIERS Action

Revision 16-2; Effective April 1, 2016

TANF

Using the State Time Limit County Hardship List, TIERS performs the following case actions:

If a certified TANF caretaker, or second parent ...	and the individual's residence county is ...	then TIERS ...
reaches the end of a state time limit (The individual does not have a hardship exemption from the state time limit.)	on the county hardship list,	changes the individual's work registration status to Code L (Time Limited Severe Economic Hardship, Lives in Economically Deprived County) sends a notice to the household stating the individual used the maximum number of TANF months allowed in the state time limit, individual is currently eligible for TANF because the individual lives in a designated hardship county, and HHSC reevaluates the county list periodically.
is exempt from the state time limit for county hardship (The individual has a work registration status of Code L, Time Limited Severe Economic Hardship, Lives in Economically Deprived County.)	on the county hardship list,	does not take action.
is exempt from the state time limit for county hardship (The individual has a work registration status of Code L, Time Limited Severe Economic Hardship, Lives in Economically Deprived County.)	not on the county hardship list,	disqualifies the caretaker or second parent from TANF beginning the month following the: maximum allowable months of the individual's state time limit; and/or last month the individual is eligible for a hardship exemption. sends a notice to the household stating the: individual used the maximum number of TANF months allowed in the state time limit, individual was eligible for TANF because the individual lived in a designated hardship county, and HHSC reevaluates the county list periodically.

 

A—2543.1.2 Advisor Action

Revision 13-2; Effective April 1, 2013

TANF

Determine the individual's eligibility for a county hardship exemption:

• at each of the household's TANF/Medicaid case actions;
• when the individual requests the exemption; or
• when removing an employment or severe personal hardship exemption.

Use the following chart when completing a case action during the individual's freeze out period:

If the individual ...	then ...
lives in a county on the State Time Limit County Hardship List,	change the individual's work registration status to exempt from participation due to Time Limited Severe Economic Hardship, and send a notice to the household stating the individual is currently eligible for TANF because the individual lives in a designated hardship county, and county list is reevaluated periodically.
no longer lives in a county on the State Time Limit County Hardship List,	remove the exemption.

 

A—2543.2 Severe Personal Hardship Exemption

Revision 13-2; Effective April 1, 2013

TANF

An individual may qualify for a severe personal hardship exemption when there is a disabling illness or injury of:

• self; or
• close family member.

Determine the individual's eligibility for a severe personal hardship exemption:

• when the individual requests the exemption;
• when the exemption is expected to end; and
• at each complete review until the exemption is removed.

 

A—2543.2.1 Disabling Illness or Injury of Self

Revision 13-2; Effective April 1, 2013

TANF

Exempt an individual for severe personal hardship for a disabling illness or injury to self when:

• the individual requests the exemption within 90 days after the illness or injury begins; and
• disability is established by:
  • approval of SSI or RSDI based on disability; or
  • completion of Form H1836-A, Medical Release/Physician's Statement.

After disability is established, review the individual's eligibility for the exemption:

• when the disability is expected to end (set a special review); and
• at each complete review until the exemption is removed.

Remove the exemption when the individual is no longer disabled. Advise the individual to report to HHSC within 10 days when the hardship situation changes. The individual may state that the disability has ended or Form H1836-A may show it has ended.

 

A—2543.2.2 Disabling Illness or Injury of Close Family Member

Revision 13-2; Effective April 1, 2013

TANF

Determine whether to exempt an individual for severe personal hardship for caring for a close family member who has a disabling illness or injury using the following procedures:

Step	Yes	No
Did the individual request the exemption within 90 days after the individual was needed in the home to care for the close family member? Note: The person needing care must live in the individual's home.	Go to Step 2.	STOP. Do not exempt the individual for severe personal hardship.
Is the individual related to the family member within the following degree of relationship? The persons providing the care and needing the care must be related in one of the following ways: spouse (or second parent who is listed on the household's TANF EDG); parent (legal, adoptive, natural, or step); child (legal, adoptive, natural, or step); sibling (legal, adoptive, natural, half, or step); grandparent (extends to the degree of great-great-great); aunt or uncle (extends to the degree of great-great); niece or nephew (extends to the degree of great-great); first cousin; first cousin once removed; or spouse of any person listed above. Note: These relationships extend to relatives of the individual's spouse.	Request proof of relationship and go to Step 3.	STOP. Do not exempt the individual for severe personal hardship.
Did the individual provide a doctor's statement that verifies the disabling illness or injury of the family member, that the individual is needed in the home for more than 30 days to care for the family member, the beginning date when the individual is/was needed in the home to provide the care, and the date the need for the individual's care in the home is expected to end?	STOP. Exempt the individual for severe personal hardship.	STOP. Do not exempt the individual for severe personal hardship.

 

Review the individual's eligibility for the exemption:

• at each complete review until the exemption is removed; and
• when the need for care is expected to end. Note: Set a special review for when the need for care is expected to end before the next complete review.

Remove the exemption when the individual is no longer needed in the home to care for the close family member. Advise the individual to report to HHSC within 10 days when the hardship situation changes.

 

A—2543.3 Employment Hardship Exemption

Revision 13-2; Effective April 1, 2013

TANF

Determine whether to exempt an individual for employment hardship using the following procedures:

Step	Yes	No
Did the individual request the exemption within 90 days after the end of the individual's state time limit, or last day of the individual's employment, or individual's work hours were reduced?	Go to Step 2.	STOP. Do not exempt the individual for employment hardship.
Does the individual have ongoing monthly earnings (including self-employment earnings) of less than $168 or is unemployed?	Go to Step 3.	STOP. Do not exempt the individual for employment hardship.
Has the individual been dismissed from a job or demoted for cause, voluntarily quit a job or reduced hours of work, or failed to accept a job offer paying at least $168 a month or an offer of additional work resulting in a total of at least $168 a month?	Go to Step 4.	Go to Step 5.
Did the individual have good cause according to the SNAP good cause criteria in A-1860, Determining Good Cause?	Document the good cause and go to Step 5.	STOP. Do not exempt the individual for employment hardship.
Does the individual meet the employer contact requirements described in Item A-2543.3.1, Initial Request, A-2543.3.2, Continuation of Exemption, and/or A-2543.3.3, Reapplication After Denial?	STOP. Exempt the individual for employment hardship.	STOP. Do not exempt the individual for employment hardship.

 

Determine the individual's eligibility for an employment hardship exemption:

• when the individual requests the exemption; and
• at each complete review until the exemption is removed.

 

A—2543.3.1 Initial Request

Revision 13-2; Effective April 1, 2013

TANF

An initial request is the first time an individual requests an employment hardship exemption after the:

• end of the individual's state time limit;
• last day of the individual's employment; or
• reduction of individual's work hours.

In addition, after the individual's employment hardship exemption is removed, the individual may request another initial employment hardship exemption when the:

• individual loses another job; or
• individual's work hours are again reduced.

An individual is eligible for an initial employment hardship exemption after contacting 40 employers in the 30-day period following the day the advisor explains the employer contact requirement to the household:

• during an interview; or
• on Form H1020, Request for Information or Action, when processing a report of change.

The advisor must give the individual Form H2776, Job Search Worksheet for TANF Employment Hardship Exemption, to help the individual provide documentation of the employer contacts. However, the individual may provide any available documentation that substantiates the:

• name, address, and telephone number of each employer contacted;
• person contacted;
• date of contact; and
• result.

Advise the individual that employer contacts may be made:

• in person;
• by telephone; or
• by other agencies on the individual's behalf. Examples: Texas Workforce Commission, labor organization and local workforce centers. The individual must provide documentation from the agency that made the contacts on the individual's behalf.

If, during the 30-day period, the individual ...	then ...
contacted 40 employers,	exempt the individual for employment hardship, provide the individual with one Form H2776 for each month that 40 contacts are required, and advise the household that the individual must contact an average of 40 employers during each calendar month the individual is certified for TANF; must provide verification of the employer contacts at the next complete review; and will not be eligible for another employment hardship exemption during the freeze out period if the individual fails, without good cause, to meet the monthly 40 employer contact requirement.
did not contact 40 employers,	deny the request for an employment hardship exemption. Note: There is no good cause for not meeting this requirement. However, the individual may apply for the exemption again and receive a new 30-day period.

 

See A-2543.3.3, Reapplication After Denial, when a individual reapplies and was previously denied while receiving an employment hardship exemption.

 

A—2543.3.2 Continuation of Exemption

Revision 13-2; Effective April 1, 2013

TANF

At the complete review after the individual receives an employment hardship exemption, determine whether the individual contacted an average of 40 employers during each month the individual was certified for TANF. If the individual worked during one or more months in which the individual was required to meet the employer contact requirement, give the individual credit for two employer contacts for each day of the month worked.

If the individual did not contact an average of 40 employers a month, see A-2543.3.4, Good Cause for Not Contacting Employers While Receiving TANF.

If the individual ...	and, according to A-2543.3.4, the individual ...	then ...
contacted an average of 40 employers a month,	N/A	continue exempting the individual for employment hardship, and provide the individual with one Form H2776, Job Search Worksheet for TANF Employment Hardship Exemption, for each month through the month of the next complete review.
did not contact an average of 40 employers a month,	had good cause,	follow the procedures in the box above.
did not contact an average of 40 employers a month,	did not have good cause,	remove the employment hardship exemption, and advise the household that the individual is not eligible to receive this exemption again during the remainder of the individual's five-year freeze out period.

 

A—2543.3.3 Reapplication After Denial

Revision 13-2; Effective April 1, 2013

TANF

If an individual receiving a hardship exemption is denied for another reason and files an application:

• before missing one full month's benefits, use policy in A-2543.3.2, Continuation of Exemption;
• after missing at least one full month's benefits, use the following chart.

Request documentation that the individual contacted an average of 40 employers during each month the individual previously received TANF. Verify when questionable.

If the individual ...	and, according to A-2543.3.4, the individual ...	then ...
contacted an average of 40 employers a month,	N/A	follow the procedures in A-2543.3.1,Initial Request.
did not contact an average of 40 employers a month,	had good cause,	follow the procedures in A-2543.3.1, Initial Request.
did not contact an average of 40 employers a month,	did not have good cause,	remove the employment hardship exemption, and advise the household that the individual is not eligible to receive this exemption during the remainder of the individual's five-year freeze out period.

 

An individual who does not provide the documentation is the same as an individual who did not contact an average of 40 employers a month without good cause. If the individual provides the documentation later, consider the date the individual provides the documentation as a new request date.

 

A—2543.3.4 Good Cause for Not Contacting Employers While Receiving TANF

Revision 13-2; Effective April 1, 2013

TANF

Using prudent advisor judgment, determine and document good cause when the individual did not contact an average of 40 employers during each month the individual was certified for TANF with an employment hardship exemption.

The individual has good cause for not meeting the employer contact requirement when:

• the individual was temporarily incapacitated or ill, including the 90 days after giving birth; or
• there were no employers, or under the minimum number of employers required, within reasonable commuting distance; or
• there were circumstances beyond the individual's control (such as a disaster, or a death in the family).