16 Del. Admin. Code § 3000-3027

Current through Register Vol. 28, No. 4, October 1, 2024
Section 3000-3027 - Age as a Condition of Eligibility

For purposes of determining eligibility for cash grants, persons 18 years old and over are considered adults.

Persons under age 18 are considered children.

An individual is not eligible for TANF as a child the month of his/her 18th birthday if their birthdate is the 1st day of the month. If such children are TANF recipients, they will be removed from the assistance unit the last day of the month prior to the month of their 18th birthday.

An individual is eligible for TANF as the child the month of his/her 18th birthday if their birthday is the 2nd - 31st day of the month. If such children are TANF recipients, they will be removed from the assistance unit effective the last day of the month he/she turns 18.

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

3027.118 Year Old Students

An 18 year old student who is still a full-time student in high school, GED, or equivalent program and will graduate prior to his/her 19th birthday may receive TANF as a child. The 18 year old would be removed from the assistance unit effective the last day of the month he/she graduates.

Example: Teen A will turn nineteen on October 3, 1994. Teen A will graduate from high school on June 14, 1994. When Teen A graduates on June 14, 1994, remove Teen A from the grant, effective June 30, 1994.

If the 18 year old originally scheduled to graduate prior to his/her 19th birthday but due to a change will now graduate after turning 19 years old, remove the 18 year old from the assistance unit.

Example: Teen C will turn nineteen on December 3, 1994. Initially, the school reported that Teen C would graduate on June 4, 1994. On March 4, 1994, we learn that Teen C will not graduate until June 4, 1995. Close Teen C in TANF, effective March 31, 1994.

3027.2Minor Parents

An unmarried parent, under the age of 18, and the dependent child(ren) in his or her care is to reside in the household of a parent, legal guardian, custodian, other adult relative, or in an adult supervised supportive living arrangement to receive TANF benefits.

Emancipated minors are considered adults for the purpose of establishing eligibility for assistance. An eligible emancipated minor may receive an assistance grant in his/her own name.

Emancipation must be documented in the case record. Acceptable documentation includes:

1) Court records; or
2) The minor's valid marriage license; or
3) Written statements from the Division of Family Services verifying the minor's emancipation.

If the minor parent and his or her children reside in an adult supervised supportive living arrangement, the Division of Family Services, within the Department of Services for Children, Youth and Their Families, must approve the living arrangement by the next redetermination. If the adult supervised supportive living arrangement is not approved by the next redetermination, TANF payments should be stopped.

Assistance is to be provided in the form of a protective payment to the minor parent's parent, legal guardian, other adult relative, or adult in the supervised supportive living arrangement.

16 Del. Admin. Code § 3000-3027

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