16 Del. Admin. Code § 3000-3002
Cash benefits will be time-limited for households headed by two employable adults age 18 or older who are included in the grant. For households applying on or after 01/01/2000, the lifetime time limit will be thirty-six (36) cumulative months.
Time limits apply when three conditions are met:
| . | the caretaker is included in the grant, |
| . | the caretaker is age 18 or older, |
| . | the caretaker is employable, and |
When one or more of the conditions listed above is not met, the family receives benefits in the non-time limited program known as the Children's Program.
During the time-limited period, employable adult recipients will receive full cash benefits only as long as they fulfill their Contract of Mutual Responsibility and they are meeting the minimum weekly hours of required employment and training activities.
Periodic Alerts to Families Regarding Time Remaining before the Family Reaches the Time Limit
The Division will track the time remaining before a family's time limits expire and alert the family. The Division will notify families on a quarterly basis of the time they have remaining before the time limits expire.
14 DE Reg. 1073 (04/01/11)
Time limits apply when three conditions are met:
| . | the caretaker is included in the grant, |
| . | the caretaker is age 18 or older, |
| . | the caretaker is employable, and |
When one or more of the conditions listed above is not met, the family receives benefits in the non-time limited program known as the Children's Program.
The Division will track the time remaining before a family's time limits expire and alert the family. The Division will notify families on a quarterly basis of the time they have remaining before the time limits expire.
8 DE Reg. 1618 (5/1/05)
14 DE Reg. 1073 (04/01/11)
Under Delaware's Temporary Assistance To Needy Families, cash benefits will be time-limited for households headed by an employable adult age 18 or older who is included in the grant. For households applying on or after 01/01/2000 the lifetime time limit will be thirty-six (36) cumulative months.
Time limits apply when three conditions are met:
| . | the caretaker is included in the grant; |
| . | the caretaker is age 18 or older; |
| . | the caretaker is employable; and |
When one or more of the conditions listed above is not met, the family receives benefits in the non-time-limited program known as the Children's Program.
8 DE Reg. 1618 (5/1/05)
14 DE Reg. 1073 (04/01/11)
If a family was headed by an employable adult age 18 or older who was included in the grant and received Temporary Assistance for Needy Families (TANF) cash benefits prior to 01/01/2000 they had a forty-eight (48) cumulative month time limit. This lifetime limit will still apply for those families.
8 DE Reg. 1618 (5/1/05)
14 DE Reg. 1073 (04/01/11)
The Division will track the time remaining before a family's time limits expire and alert the family. The Division will notify families on a quarterly basis of the time they have remaining before the time limits expire.
If requested by the client prior to the end of the 36 or 48 cumulative month period in which a family has received assistance (through cash assistance and participation in pay-after-performance), the Division will complete another assessment of employability. If the Division determines that the adult caretaker is not employable, the Division will continue benefits under the Children's Program as described in Section 3003. If the Division determines that the adult caretaker is employable, TANF benefits will end to the family as of the last day of the 36 or 48 cumulative months.
At least 90 days prior to the end of the 36 or 48 cumulative month period in which a family has received assistance, the Division will remind the family that assistance will end and notify the family of the right to apply for an extension.
The Division will limit extensions to those families who can demonstrate that:
| · | the agency substantially failed to provide the services specified in the individual's Contract of Mutual Responsibility (see Section 3009 for Contract); the related extension will correspond to the time period for which services were not provided; |
or
| · | despite their best efforts to find and keep employment, no suitable unsubsidized employment was available in the local economy to the employable adult caretaker; the maximum extension under such circumstances will be 12 cumulative months. See "SUITABLE EMPLOYMENT" definition. |
The Division Director or the Director's designee will make decisions on granting extensions within 45 days of the request. Fair hearing provisions set forth in Section 5000 apply. Benefits will not continue beyond the time limit.
The Division will not grant extensions if:
| · | the adult caretaker received and rejected offers of employment, quit a job without good cause, or was fired for cause; |
| · | the adult caretaker did not make a good faith effort to comply with the terms of the CONTRACT OF MUTUAL RESPONSIBILITY; or |
| · | the adult caretaker has received 60 cumulative months of TANF. |
The responsibility rests with the adult caretaker to demonstrate substantiality. It is not enough for the adult caretaker to simply make a claim that the agency failed in its effort to provide the services specified under the Contract of Mutual Responsibility. The adult caretaker must present the reasons for the claim and show how the agency failed to provide these services.
Assistance will be denied to employable caretakers reapplying for benefits after the time limit has expired, unless the caretaker proves that grounds exist for an extension.
Benefits will be provided to these families only in the pay-after-performance component, up to the federal maximum of sixty (60) cumulative months in the time-limited program (See DSSM 3002.9). DSS will conduct an assessment and notice the family prior to termination of benefits (See DSSM 3002.5).
Families headed by unemployable caretakers can receive assistance under the Children's Program.
Repealed
16 Del. Admin. Code § 3000-3002