16 Del. Admin. Code § 3000-3000

Current through Register Vol. 28, No. 4, October 1, 2024
Section 3000-3000 - Defining Delaware's Temporary Assistance for Needy Families (TANF) Program

Statutory Authority

45 CFR § 260.20

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) modified the Social Security Act and established the TANF program. TANF is a federally funded cash assistance program designed to assist low-income families with minor children in the home.

1. States receive block grants to design and operate programs that accomplish the federal purposes of TANF.
A. The four federal purposes of TANF are to:
i. Provide assistance to needy families so that children can be cared for in their own homes or in the homes of relatives;
ii. End the dependence of needy parents by promoting job preparation, work, and marriage;
iii. Prevent and reduce the incidence of out-of-wedlock pregnancies; and
iv. Encourage the formation and maintenance of two-parent families.
2. Delaware's TANF program is operated by the Division of Social Services (DSS) and provides cash assistance for minor children who are:

* Needy as determined by DSS standards; and

* Living in the home of a parent, guardian, custodian, or specified relative.

A. The key objectives of Delaware's TANF Program are to:
i. Provide access to opportunities and services that support the capacity to earn a living wage.
ii. Reduce barriers to increase the possibility for long term self-sufficiency.
iii. Promote the stabilization of all families.
B. The State and the family have mutual responsibilities.
i. The State will provide cash assistance, case management, supportive services, and employment and training services to increase the family's opportunity for self-sufficiency.
ii. The family must comply with required TANF components and may participate in programs that focus on their individualized needs in order to accomplish their personal goals.
C. DSS creates programs for TANF eligible families and non-custodial parents of TANF minors based on the four federal TANF purposes and the key objectives of Delaware's TANF program. These programs are outlined in Delaware's TANF State Plan.

14 DE Reg. 304 (10/01/10)

3000.1 Funding the TANF Program

Statutory Authority

45 CFR § 201, § 261, § 263, § 264, § 265, § 270, § 283

The Temporary Assistance for Needy Families (TANF) program is a capped Federal Block Grant made available to the states to provide cash assistance to needy families with minor children.

1. The amount of TANF funds available to each state is determined by a formula which considers the amount each state expended for needy families in the years just prior to the enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).
2. States may qualify for contingency funds if the state exhibits low economic conditions in one of two ways:

* A state has an unemployment rate of at least 6.5% and the average rate is at least 10% higher than the same quarter in either of the two preceding years; or

* The number of Food Supplement Program recipients from the three most recent months for which data is available is 10% greater than the monthly average number of individuals that participated in the Food Supplement Program in FY 1994 or 1995 (whichever is lower) in the same three-month period.

A. States may be required to return a portion of their contingency funds based on total state spending during the year.
3. States must limit the amount spent on administrative costs to no more than 15% of the total of the state's grant.
4. States may be penalized and the state's grant may be reduced for failing to:

* Use TANF funds as required by federal law;

* Submit required TANF data collection reports;

* Satisfy TANF work participation requirements;

* Comply with basic TANF maintenance of effort requirements;

* Comply with the TANF five-year limit on assistance;

* Maintain TANF assistance to an adult single custodial parent who cannot obtain child care for a child under the age of six;

* Penalize TANF recipients for child support non-cooperation;

* Penalize TANF recipients who refuse to engage in work;

* Use the Income Eligibility and Verification System (IEVS); or

* Replace a penalty reduction with state funds.

3000.2 TANF and SSI Recipients A Supplemental Security Income (SSI) recipient cannot receive TANF payments for himself while receiving SSI, but may be a payee for a TANF grant for others. The SSI recipient is not regarded as a member of the family when determining a family's TANF financial eligibility or benefit amount, and none of the SSI recipient's income or resources is counted as income to the family. An SSI recipient may elect to receive TANF rather than SSI payments, if otherwise eligible. In such instances, the TANF payment may not be authorized until it has been verified that the SSI payment has ceased.
3000.3 TANF and Foster Care If a child is living with a minor parent and the minor parent receives Title IV-E Foster Care, the child cannot be included in a TANF grant. Instead, the Department of Services to Children, Youth and Their Families will include the child in the minor parent's Title IV-E foster child payment as required by the Omnibus Budget Reconciliation Act (OBRA) of 1987.
3000.4 TANF and State Only Foster Care

If a child is living with a minor parent and the minor parent receives State Only Foster Care payments, the child may receive cash assistance. The minor parent cannot be included in the cash assistance program.

The minor parent may be a TANF payee if she cares for the child and is capable of handling funds. Contact the minor parent's Child Protective Services worker for this determination.

If someone other than the minor parent cares for the child or if the minor parent is not capable of handling funds, an adult in the household may be payee.

The minor parent is not included in the TANF grant and the State Only Foster Care payment is not considered income to the child.14 DE Reg. 304 (10/01/10)

3000.5 Foster Care Case Processing

The Title IV-E Eligibility worker within the Department of Services to Children, Youth and Their Families will determine if the child is eligible for Title IV-E funds. A child could be in foster care for a period of time before the IV-E eligibility determination is made. The child receives State Only Foster Care payments until Title IV-E eligibility is established. The Title IV-E Eligibility Worker will notify the DSS Social Worker when the Title IV-E determination is completed and the starting date for Title IV-E matching funds. The DSS Social Worker will contact the Title IV-E Eligibility Worker (phone number: 633-2517) at each application and redetermination to determine the foster care funding source. If the funding changes from State Only Foster Care to Title IV-E Foster Care, close the child's cash assistance grant.

16 Del. Admin. Code § 3000-3000

14 DE Reg. 304 (10/01/10)
25 DE Reg. 534( 11/1/2021) (Final)