Section 1240-01-49-.09 - DIVERSION PROGRAM AND ELIGIBILTY REQUIREMENTS(1) General. The Families First Diversion Program is an alternative to the receipt of ongoing cash assistance under the Families First/Temporary Assistance for Needy Families (TANF). The purpose of the Diversion program is to provide an applicant with sufficient financial support to cover an immediate and compelling financial need that would divert the applicant's need to receive ongoing Families First/TANF cash assistance.(2) Eligibility for diversion grant. The Department shall evaluate applications for cash assistance to determine whether a diversion grant may be appropriate to meet an applicant's immediate and compelling financial need.(a) To receive a diversion grant, the Department must determine that the applicant is eligible to receive Families First/TANF.1. A "child only" applicant, an applicant who is either a non-parental relative who is not included in the Assistance Unit or a caretaker receiving SSI benefits, shall not be eligible for a diversion grant.2. If eligible for Families First/TANF, the applicant shall have the option to receive a diversion grant to cover an immediate and compelling financial need instead of receiving ongoing monthly cash assistance.(b) The diversion grant shall:1. Meet an applicant's immediate and compelling needs, as determined by the Department, so that an applicant or recipient can avoid temporary cash assistance; and2. Not cover the same type of immediate need met by a previous diversion grant, unless the Department determines that the applicant has a new and verified emergency.(c) Each applicant shall be required to submit appropriate documentation to verify immediate and compelling financial needs.(3) Calculation of the diversion grant.(a) The Department shall calculate the amount of a diversion grant, on a case-by-case basis, based upon the aggregate amount of monthly temporary cash assistance an applicant is eligible to receive, not to exceed twelve (12) months.(b) The applicant's temporary cash assistance lifelong eligibility period shall be reduced by the number of months equal to the total cash amount of the diversion grant that the applicant receives.(4) A diversion grant is an alternative to ongoing Families First/TANF benefits. A recipient of a diversion grant is ineligible to receive temporary cash assistance for the number of months of temporary cash assistance equal to the total cash amount of the diversion grant.(5) A recipient of a diversion grant may be eligible to receive at least twelve (12) months of subsidized child care, if the recipient is employed at least thirty (30) hours per week upon application.Tenn. Comp. R. & Regs. 1240-01-49-.09
Original public necessity rule filed July 2, 2007; expired December 14, 2007. Amendment filed October 1, 2007; effective December 15, 2007. Repeal and new rule filed April 2, 2015; effective July 1, 2015. Emergency rules filed September 30, 2016; effective through March 29, 2017. Amendments filed December 8, 2016; effective 3/8/2017.Authority: T.C.A. §§ 4-5-201 et seq., 71-1-105, 71-3-102, 71-3-103 and 71-3-104; 42 U.S.C. §§ 601 et seq., 45 C.F.R. § 233.90; Deficit Reduction Act 2005 ( Pub. L. 109-171 §§ 7101 and 7102, February 8, 2006); 71 Federal Register 37454-01 (June 29, 2006); 42 U.S.C. § 9858c(c)(2)(N) (i-iii).