Chapter 02-01.2. Temporary Assistance for Needy Families Program

Unless otherwise stated in this section, the definitions set forth in North Dakota Century Code section 50-09-01 apply to this chapter. Additionally, in this chapter, unless the context or subject matter requires otherwise: 1. "Applicant" means an individual who is seeking a bene…

Human service zone within North Dakota may, with the department's approval, conduct a temporary assistance for needy families demonstration project in defined areas which may provide benefits and services that are not identical to benefits and services provided elsewhere in North…

Diversion may be provided to a family experiencing a specific crisis situation or episode of need. Diversion is not assistance under title 45, Code of Federal Regulations, part 260.31, and is not a benefit for purposes of North Dakota Century Code section 50-09-06.1. Diversion ma…

1. Kinship care provides a monthly maintenance payment and supportive services to a child residing outside the child's parental home with a caretaker who is related to that child within the fifth degree of kinship. To be eligible: a. A court of competent jurisdiction must have en…

Transition assistance promotes job retention by providing an extended period of cash assistance to qualified families under temporary assistance for needy families. Households with earnings from employment exceeding the allowable standard of need for their household size may rema…

1. All individuals wishing to request assistance from the temporary assistance for needy families program shall have the opportunity to do so, without delay. 2. A request for benefits is a written request made by an individual desiring assistance under the program, or by a proper…

Unless first determined exempt or granted good cause for nonparticipation, the applicant, and any member of the family for whom temporary assistance for needy families is requested, shall, as a condition of eligibility, comply with the requirements of the child support agency and…

It is the responsibility of the applicant or guardian of the applicant to provide information sufficient to establish the eligibility of each individual for whom assistance is requested, including the furnishing of a social security number or verification of application for a soc…

While eligibility for the program is determined in large measure on information supplied by the applicant or recipient, aspects of eligibility that must be supported by conclusive, documenting evidence include: 1. The existence of conditions requiring professional examinations or…

1. Each household shall have a primary individual. The primary individual must be identified among the household members, with one of the following relationships to a dependent child member of the household, using the following order of priority: a. A natural or adoptive parent; …

Repealed effective January 1, 2003.

All applicants must be notified of generally applicable program requirements and of related services through the provision of brochures and through the provision of responses to inquiries made by applicants concerning program requirements. Applicants and recipients are responsibl…

1. A decision as to eligibility must be made promptly on applications, within thirty days, except in unusual circumstances. 2. A decision as to eligibility on review must be made within thirty days. 3. Immediately upon an eligibility determination, whether eligibility can be foun…

1. If the human service zone receives a completed review, it shall process the review only if all eligibility conditions are met. The human service zone shall notify the household of any 12 changes to the household's payments. If payment is being reduced or assistance terminated …

Repealed effective January 1, 2009.

sector employment. Repealed effective January 1, 2009.

A failure or refusal to participate in the job opportunities and basic skills program occurs any time the participant: 1. Misses a scheduled appointment for any program or approved work activity; 2. Is absent from a program or approved work activity when scheduled to be there; 3.…

refusal to comply with a referral to, or participate in, the job opportunities and basic skills program. 1. All work-eligible individuals shall participate in the job opportunities and basic skills program unless good cause is granted by the eligibility worker. Good cause for fai…

Repealed effective April 1, 2020. 60

Repealed effective January 1, 2017.

Determinations concerning claims of good cause require the use of decisionmaking principles. These principles must be applied to the individual's statements and information to determine if the requirements of good cause are met. The decisionmaking principles are: 1. The individua…

1. There is no durational state residence required for eligibility for benefits. 2. No individual who is otherwise eligible may be denied assistance under the program if the individual resides in the state. 3. A resident of the state is one who: a. Is living in the state voluntar…

A dependent child must be shown to be both "deprived of parental support or care" and "needy", although a causal relationship between the two need not exist. The phrase encompasses the situation of any child who is in need and otherwise eligible, and whose parent has died, is con…

1. For purposes of this chapter: a. "Deprived of parental support or care by reason of the continued absence of a parent" means a situation that occurs when all of the following factors are present: (1) The parent is physically absent from the home; (2) The nature of the parent's…

Repealed effective July 1, 1997.

A child, if otherwise eligible for temporary assistance for needy families, may be deprived of parental care by reason of the death of a parent. The applicant shall verify that the deceased individual is the parent of the child. History: Effective December 9, 1996; amended effect…

1. A child, if otherwise eligible for temporary assistance for needy families, is deprived of parental support or care when the child's parent has a physical or mental condition, supported by 16 current competent medical testimony, of such a debilitating nature as to reduce subst…

Repealed effective January 1, 2003.

In the first month that eligibility is established, the benefit amount is prorated to the percentage of the month remaining as of the first day of eligibility. History: Effective December 9, 1996; amended effective July 1, 1997; January 1, 2003; April 1, 2026. General Authority: …

1. a. All assets that are actually available must be considered. Assets are actually available when at the disposal of a member of the household; when a member of the household 17 has a legal interest in a liquidated sum and has the legal ability to make the sum available for sup…

A member of a household may not be found eligible for benefits unless the value of the household's assets, not specifically excluded under this chapter, does not exceed nine thousand dollars for a household consisting of one individual, fifteen thousand dollars for households con…

The following assets are exempt from consideration in determining eligibility for temporary assistance for needy families benefits: 1. The home occupied by the household including trailer homes being used as living quarters, and the land upon which the home stands, up to twenty c…

1. Recurring unearned income lump sum payments received after an application has been filed for temporary assistance for needy families must be considered countable income and prorated over the period the payment is intended to cover. The prorated lump sum payment must continue t…

A good-faith effort to sell is demonstrated only if the property owner: 1. Arranges for regular advertising, including classified advertisements in newspapers, post "for sale" signs, and marketing efforts made by real estate agencies; 2. Makes sales efforts including contacts wit…

1. The transfer of an asset, without adequate consideration, disqualifies the household from receipt of benefits. For a participating household, the disqualification begins the first benefit month after notice of adverse action. For a nonparticipating household, the period of dis…

Before the needs of an individual may be included in the benefit, the individual shall furnish a social security number or proof that the individual has applied for a social security number. An individual may not be initially included in or added to a household, including newborn…

Repealed effective January 1, 2017.

Repealed effective January 1, 2017.

1. No household is eligible for benefits under this chapter for any month in which any member of that household participates in a strike. If it is discovered that a household member participated in a strike during a month in which a benefit has already been paid for that month, t…

A pregnant woman, not made ineligible by any other provision of this chapter, who is caretaker relative to no child, may receive temporary assistance for needy families based upon the standard of need for one adult, without consideration of any additional pregnancy-related needs,…

Repealed effective April 1, 2024.

1. For purposes of this section: a. "Adult caretaker" means a caretaker who is not a minor caretaker. b. "Minor caretaker" means an individual, under the age of eighteen years, who has never been married and who: (1) Is the parent of a dependent child living in the same household…

1. The reasonable value of the physical and custodial care or support that has been furnished to the child or children of a noncustodial parent by the program is, for each month such child or children are eligible, the amount of the assistance received multiplied by the number of…

1. The child support agency must be notified of any child, except a child in receipt of supplemental security income, who is a member of the household and whose eligibility for assistance is based on the continued absence of the child's parent from the home. 2. The applicant and,…

establishing paternity. 1. For good cause, the requirement that an individual cooperate in obtaining support and establishing paternity may be waived if it is determined cooperation is against the best interests of the child. A human service zone may determine required cooperatio…

1. The department shall establish combined requirements for the temporary assistance for needy families standards of need that represent amounts of income, by household size and living arrangement, necessary for a standard of living compatible with decency and health. 2. The six …

Except as otherwise provided in this section, no household may be provided assistance if that household includes an adult who has received assistance under a temporary assistance for needy families program provided by any state or Indian tribe for sixty months, whether or not con…

management household. Repealed effective January 1, 2003.

1. The household must include at least one eligible child unless: a. The only child receives supplemental security income benefits; or b. The household includes a pregnant woman. 2. Any parent and spouse of the parent of a dependent child who reside in the home must be included i…

Repealed effective January 1, 2003. 30