Montana Administrative Code

37.76.206 RESOURCE LIMITATION (REPEALED) Authorizing statute(s): 53-2-201, MCA Implementing statute(s): 53-2-306, MCA History: NEW, Eff. 11/4/74; TRANS, from SRS, 2000 MAR p. 3555; REP, 2023 MAR p. 481, Eff. 5/27/23.

37.78.1001 FAIM FOOD STAMP PROGRAM: PURPOSE (REPEALED) Authorizing statute(s): 53-2-201, 53-2-901, MCA Implementing statute(s): 53-2-901, MCA History: NEW, 1996 MAR p. 566, Eff. 1/26/96; TRANS, from SRS, 2000 MAR p. 3414; REP, 2022 MAR p. 1673, Eff. 8/6/22.

37.78.1002 FAIM FOOD STAMP PROGRAM: DEFINITIONS (REPEALED) Authorizing statute(s): 53-2-201, 53-2-901, MCA Implementing statute(s): 53-2-901, MCA History: NEW, 1996 MAR p. 284, Eff. 1/26/96; TRANS, from SRS, 2000 MAR p. 3414; REP, 2022 MAR p. 1673, Eff. 8/6/22.

37.78.1005 FAIM FOOD STAMP PROGRAM: DETERMINING ELIGIBILITY AND BENEFIT AMOUNT (REPEALED) Authorizing statute(s): 53-2-201, 53-2-901, MCA Implementing statute(s): 53-2-901, MCA History: NEW, 1996 MAR p. 284, Eff. 1/26/96; TRANS, from SRS, 2000 MAR p. 3414; REP, 2022 MAR p. 1673, …

37.78.1006 FAIM FOOD STAMP PROGRAM: REPORTING AND VERIFICATION REQUIREMENTS (REPEALED) Authorizing statute(s): 53-2-201, 53-2-901, MCA Implementing statute(s): 53-2-901, MCA History: NEW, 1996 MAR p. 284, Eff. 1/26/96; TRANS, from SRS, 2000 MAR p. 3414; REP, 2022 MAR p. 1673, Eff…

37.78.101 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF): PURPOSE These rules implement Montana's TANF program authorized under section 401 of the Social Security Act, 42 USC 601, et seq. The purpose of this project is to provide temporary assistance for needy families and to ass…

37.78.1010 FAIM FOOD STAMP PROGRAM: STANDARD UTILITY ALLOWANCE (REPEALED) Authorizing statute(s): 53-2-201, 53-2-901, MCA Implementing statute(s): 53-2-901, MCA History: NEW, 1996 MAR p. 284, Eff. 1/26/96; TRANS, from SRS, 2000 MAR p. 3414; REP, 2022 MAR p. 1673, Eff. 8/6/22.

37.78.1011 FAIM FOOD STAMP PROGRAM: RESOURCES (REPEALED) Authorizing statute(s): 53-2-201, 53-2-901, MCA Implementing statute(s): 53-2-901, 53-2-904, MCA History: NEW, 1996 MAR p. 284, Eff. 1/26/96; TRANS, from SRS, 2000 MAR p. 3414; REP, 2022 MAR p. 1673, Eff. 8/6/22.

37.78.1012 FAIM FOOD STAMP PROGRAM: DEPENDENT CARE DEDUCTION (REPEALED) Authorizing statute(s): 53-2-201, 53-2-901, MCA Implementing statute(s): 53-2-901, MCA History: NEW, 1996 MAR p. 284, Eff. 1/26/96; TRANS, from SRS, 2000 MAR p. 3414; REP, 2022 MAR p. 1673, Eff. 8/6/22.

37.78.1013 FAIM FOOD STAMP PROGRAM: UNEARNED INCOME EXCLUSIONS (REPEALED) Authorizing statute(s): 53-2-201, 53-2-901, MCA Implementing statute(s): 53-2-901, 53-2-904, MCA History: NEW, 1996 MAR p. 284, Eff. 1/26/96; TRANS, from SRS, 2000 MAR p. 3414; AMD, 2020 MAR p. 966, Eff. 5/…

37.78.1014 FAIM FOOD STAMP PROGRAM: EMPLOYMENT-RELATED PAYMENTS (REPEALED) Authorizing statute(s): 53-2-201, 53-2-901, MCA Implementing statute(s): 53-2-901, MCA History: NEW, 1996 MAR p. 284, Eff. 1/26/96; TRANS, from SRS, 2000 MAR p. 3414; REP, 2022 MAR p. 1673, Eff. 8/6/22.…

37.78.102 TANF: FEDERAL REGULATIONS ADOPTED BY REFERENCE The TANF program shall be administered in accordance with the requirements of federal law governing temporary assistance for needy families as set forth in Title IV of the Social Security Act, 42 USC 601 et seq. (2012). The…

37.78.103 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF): DEFINITIONS The following definitions apply to this chapter: "Allowable work activities" means all activities defined in federal regulation that are countable toward the calculation of the TANF work participation rate and …

37.78.106 TANF: SAFEGUARDING AND SHARING INFORMATION Use of information concerning applicants for or participants in TANF is restricted to purposes directly connected with the administration of TANF and other federally assisted programs which provide assistance to individuals on …

37.78.201 TANF CASH ASSISTANCE TIME LIMITS A family is not eligible for TANF Cash Assistance if the family includes an adult who has received cash assistance in a program funded under the Temporary Assistance for Needy Families Block Grant in any state or states, including tribal…

37.78.202 TANF: CASH ASSISTANCE EXTENSIONS TO TIME LIMITS Benefits under the TANF Cash Assistance Programs are time limited as provided in ARM 37.78.201. Households may be eligible for TANF Cash Assistance when an adult household member has received 60 months of TANF Cash Assista…

37.78.206 TANF: GENERAL ELIGIBILITY REQUIREMENTS Except as provided in (2)(e), an application for TANF Cash Assistance must be made on behalf of a minor child as defined in ARM 37.78.103. Subject to the restrictions set forth in ARM 37.78.220 and in (3), TANF Cash Assistance may …

37.78.207 TANF: LIVING WITH A SPECIFIED RELATIVE To be eligible for TANF Cash Assistance a child for whom application is made must be living with an adult related to the child by blood, marriage, or adoption who is within the fifth degree of kinship to the child as set forth in A…

37.78.208 TANF: INCLUSION IN ASSISTANCE UNIT Except as provided in (5), the child for whom application is made must be included in the assistance unit.The child's income and resources will be counted in determining eligibility and benefit amount and the child's needs will be incl…

37.78.215 TANF: TANF CASH ASSISTANCE; CHILD SUPPORT SERVICES COOPERATION REQUIREMENTS Except as provided in (2), in every TANF cash assistance case where one or both of the minor child's parents is absent from the home, the specified caretaker relative must: assign child and medi…

37.78.216 TANF: TANF CASH ASSISTANCE FIA/WORC EMPLOYABILITY PLAN (FIA/EP) The FIA/WoRC Employability Plan (FIA/EP) is a negotiated document listing eligibility requirements, allowable work activities as defined in ARM 37.78.103 and 37.78.807, and mutual obligations of the state a…

37.78.220 TANF: ELIGIBILITY, CITIZENSHIP REQUIREMENTS Except as provided by this rule, only U.S. citizens and qualified aliens are eligible for TANF Cash Assistance. A qualified alien is a noncitizen who: was admitted to the U.S. as a refugee under section 207 of the Immigration …

37.78.221 TANF: RESIDENCY There is no durational residency requirement for TANF. Any resident of Montana who meets all other eligibility requirements may receive TANF. Authorizing statute(s): 53-2-201, 53-4-212, MCA Implementing statute(s): 53-2-201, 53-4-211, MCA History: NEW, 1…

37.78.222 TANF: TANF CASH ASSISTANCE; DENIAL OF BENEFITS TO STRIKERS Participation in a strike does not constitute good cause to leave, or to refuse to seek or accept, employment. TANF cash assistance benefits will be denied to any family for any month in which any caretaker rela…

37.78.226 TANF: TANF CASH ASSISTANCE; PLACE OF APPLICATION Applications for TANF cash assistance may be made in any Office of Public Assistance in Montana on behalf of a minor child. When conditions preclude a person from visiting the Office of Public Assistance to make applicati…

37.78.227 TANF: INVESTIGATION OF ELIGIBILITY Investigations of eligibility will include securing information from the person applying for or receiving assistance and such other investigation as may be determined necessary by the department. If a case is selected for program compl…

37.78.228 TANF: TANF CASH ASSISTANCE; INITIAL PAYMENT AND REDETERMINATION OF ELIGIBILITY The initial assistance payment will be issued in a prorated amount which includes the day upon which application was made and the remaining days of that month if the following criteria are me…

37.78.401 TANF: TANF CASH ASSISTANCE; RESOURCES This rule governs the treatment of resources for purposes of all benefits in the TANF cash assistance program. In determining eligibility for TANF cash assistance, the department will count the equity value as defined in ARM 37.78.1…

37.78.402 TANF: TREATMENT OF INCOME This rule governs the treatment of income for purposes of the TANF program. All available income of any member of the filing unit is counted in determining eligibility and benefit amount for TANF cash assistance, unless a specific provision els…

37.78.406 TANF: TANF CASH ASSISTANCE; INCOME DISREGARDS AND INCOME DEEMING This rule governs income disregards and deeming for purposes of TANF cash assistance. When testing countable monthly income and determining the amount of the assistance payment, the following amounts are s…

37.78.407 TANF: TANF CASH ASSISTANCE; LIMITS ON DISREGARDS The income disregards in ARM 37.78.406 are applicable without limit on the number of months they can be applied. Authorizing statute(s): 53-4-212, MCA Implementing statute(s): 53-4-211, 53-4-601, MCA History: NEW, 1996 MA…

37.78.415 TANF: TANF CASH ASSISTANCE; EXCLUDED EARNED INCOME This rule governs excluded earned income for purposes of TANF cash assistance. In testing gross monthly income and in determining the monthly grant, the following earned income is to be excluded: the earned income of a …

37.78.416 TANF: TANF CASH ASSISTANCE; EXCLUDED UNEARNED INCOME This rule governs excluded unearned income for purposes of TANF cash assistance. In testing gross monthly income and in determining grant amount, the following unearned income shall be excluded: gifts of money up to $…

37.78.420 TANF: ASSISTANCE STANDARDS; TABLES; METHODS OF COMPUTING AMOUNT OF MONTHLY BENEFIT PAYMENT Income standards as set forth in this rule are used to determine whether need exists with respect to income for any person who applies for or receives TANF cash assistance or TANF…

37.78.421 TANF: TANF CASH ASSISTANCE; LUMP SUM PAYMENTS This rule governs lump sum payments for purposes of TANF cash assistance. Lump sum payments are payments of a nonrecurring sum of earned or unearned income. The assistance unit may lose eligibility for one or more months if,…

37.78.423 TANF: TANF CASH ASSISTANCE; PROTECTIVE PAYEE A protective payment plan shall be implemented when the caretaker relative has clearly demonstrated an inability or unwillingness to use the family's assistance payments to meet the basic needs of the minor children in the ho…

37.78.424 TANF: RESTRICTIONS ON PAYMENTS TANF program monthly payments are made directly to eligible persons for their own use except in cases of protective payees. TANF cash assistance payments are made either by check, direct deposit, or by placing benefits in an electronic ben…

37.78.425 TANF: NONFINANCIAL ASSISTANCE PAYMENT (REPEALED) Authorizing statute(s): 53-4-212, MCA Implementing statute(s): 53-4-211, 53-4-601, 53-4-603, MCA History: NEW, 1996 MAR p. 284, Eff. 1/26/96; AMD, 1998 MAR p. 3284, Eff. 12/18/98; TRANS, from SRS, 2000 MAR p. 3414; AMD, 2…

37.78.430 TANF: UNDERPAYMENTS AND OVERPAYMENTS The department may recover the value of any TANF benefits paid to or on behalf of an assistance unit to which it was not entitled, regardless of whether the overpayment occurred due to an error by the department, a nonfraudulent acti…

37.78.505 TANF: TANF CASH ASSISTANCE; INTENTIONAL PROGRAM VIOLATION AND DISQUALIFICATION HEARINGS An intentional program violation (IPV) is a willful action which consists of: a false or misleading statement or a misrepresentation, concealment, or withholding of facts; or any oth…

37.78.506 TANF: TANF CASH ASSISTANCE; SANCTIONS If any member of the assistance unit fails or refuses without good cause as defined in ARM 37.78.508 to comply with an allowable work activity as defined in (8), or to provide verification and/or documentation of participation in th…

37.78.507 TANF: REPORTING REQUIREMENTS All applicants for or participants in TANF Cash Assistance must report any change of address and any change in income, resources, household composition or other circumstances which may affect eligibility or benefit amount to the eligibility …

37.78.508 TANF: TANF CASH ASSISTANCE; GOOD CAUSE A TANF Cash Assistance participant's failure to comply with employment and training activities, failure to comply with any requirement under a Family Investment Agreement/WoRC Employability Plan (FIA/EP), including providing verifi…

37.78.601 EMERGENCY ASSISTANCE Financial assistance and/or services may be authorized to meet the emergency needs of a child under the age of 21, who lives with a specified relative as defined in ARM 37.78.207 or who is under age 18 and has lived with a specified relative within …

37.78.602 EMERGENCY ASSISTANCE PROCEDURES FOLLOWED IN DETERMINING ELIGIBILITY A household member or an employee or agent of the department may make a request for emergency assistance. Eligibility requirements for emergency assistance must be verified and documented. To receive em…

37.78.606 TANF: TANF CASH ASSISTANCE; NEEDY PREGNANT WOMAN Cash assistance payments shall be provided to an otherwise eligible pregnant woman with no other children receiving assistance when the fact of pregnancy has been verified by a physician or the physician's designee, begin…

37.78.801 TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING: PURPOSE These rules govern TANF cash assistance employment and training for persons who are participants in the TANF Cash Assistance Program and/or required to negotiate and comply with a FIA/WoRC Employability Plan (FIA/EP)…

37.78.806 TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING: PARTICIPATION All participants in the TANF Cash Assistance Program or the TANF Cash Assistance Post-Employment Program who are required to negotiate and comply with their FIA/WoRC Employability Plan (FIA/EP) as outlined in A…

37.78.807 TANF CASH ASSISTANCE ALLOWABLE WORK ACTIVITIES Participants in TANF Cash Assistance, regardless of whether they are members of a single-parent or two-parent family, may, in accordance with their WoRC employability plan, subject to availability in their community, partic…

37.78.810 TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING: WORK EXPERIENCE PLACEMENT (WEX) "Work experience" means placement in a formal job site training experience that provides an individual with an opportunity to acquire the general skills, training, knowledge, and work habits n…