Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 607 - ASPIRE-TANF PROGRAM RULES
Section 144-607-17 - TANF TIME LIMIT EXTENSIONS

Universal Citation: 10 ME Code Rules ยง 144-607-17

Current through 2024-38, September 18, 2024

Summary: This Section describes the extensions to the TANF 60 month time limit and the role and responsibility of the ASPIRE-TANF Program in implementing those extensions.

I. GENERAL PROVISIONS

A. Under federal and state law, most families can receive TANF cash assistance for a maximum of 60 months. TANF is temporary cash assistance to help support families while they work with the ASPIRE-TANF Program to reach their employment goals and take steps to achieve self-support.

B. Maine may extend TANF cash assistance beyond 60 months to households where the adult(s) or minor parent head of household meets the following requirements:
1. Meets the criteria of one of the extensions included in III.A. or B.6., below;

2. Participates in Family Contract Amendment activities unless Good Cause for non-participation exists; and 3. Meets all other TANF eligibility requirements.

C. All hardship extension decisions and case closures based on the 60-month time limit must be approved by an OFI Supervisor.

II. PRE-TERMINATION NOTICE AND CONFERENCE

A. The family shall have the right to request a conference prior to termination of TANF benefits to (1) contest the Department's calculation of the termination date and/or (2) seek to establish the family's eligibility for a hardship extension. At the conference, the family shall have a right to present evidence and argument; to bring witnesses to testify on the family's behalf; and to be represented by legal counsel. The pre-termination conference shall be conducted by an ASPIRE worker trained in the procedures set forth in this chapter, who will determine, based upon the family's case record and any evidence presented at the conference, the correct termination date for the family's TANF benefits and/or whether a hardship extension should be granted. The pre-termination conference may be held face-to-face or by phone.

B. No later than 120 days prior to the end of a family's 60th month of receiving TANF, the Department will send written notice to the family of the opportunity to request a pre-termination conference. The notice will clearly explain:
1. The purpose of the pre-termination conference;

2. That a pre-termination conference may be requested orally or in writing;

3. The name, address, and telephone number of the individual or office the family must contact to request a pre-termination conference;

4. That the pre-termination conference may be conducted by phone or in person; and

5. The timeframe in which the family must request a pre-termination conference to ensure continuation of benefits pending the conference.

C. If a pre-termination conference is requested within 10 days of the date of the written notice, the family's benefits will continue until the conference has been held and a determination made, or until the scheduled termination date, whichever occurs later.

D. If a pre-termination conference is requested more than 10 days after the date of the written notice, the family's benefits shall be terminated at the end of the 60th month unless the Department determines that the family qualifies for a hardship extension.

E. When a pre-termination conference is requested by phone, the family may choose to hold the conference at that time or to schedule a date in the future, in which case the ASPIRE worker will send a letter indicating the date and time of the pre-termination conference. Whether the pre-termination conference is requested by phone or in writing, the worker will explain, either verbally or in the scheduling letter, the following to the requesting family:
1. The family's right to present evidence and argument at the pre-termination conference, and to bring witnesses to testify on the family's behalf;

2. The family's right to be represented by legal counsel at the pre-termination conference; and 3. That the family may request to have the pre-termination conference rescheduled or continued for Good Cause. This request must be made before the scheduled conference.

F. Following the pre-termination conference, the ASPIRE worker shall issue a letter to the family explaining the Department's determination and advising of the right to appeal.

G. If the family fails to request or attend the pre-termination conference, the Department will determine whether the family is eligible for a hardship extension based on the information in the family's case record.

III. TYPES OF EXTENSIONS - EARNINGS DISREGARD AND HARDSHIP EXTENSIONS

A. TANF Earnings Disregard Extension - the Department shall grant an extension for a household for each month in which a family is eligible receive TANF/PaS and a Step disregard of either 100% or 75% (see Maine Public Assistance Manual, 10-144 CMR 331, Chapter IV, Step Disregard). This extension type is only available for families that have reached 60 months on or after October 1, 2019.

B. TEMPORARY HARDSHIP EXTENSIONS
1. All hardship extensions are temporary and may be approved for up to six months. Additional incremental extensions may be granted for up to six months, unless specified.

2. Extension requests may be made verbally or in writing at any time in the last 3 months of a household's 60 months of TANF receipt or at time of TANF application, if 60 months of TANF benefits already have been received by the family.

3. Progress towards the goal of self-support must be demonstrated in order for additional hardship extension requests to be approved. Specific action steps in the Family Contract Amendment must have been accomplished, unless Good Cause has been established.

4. If the adult with 60 or more months of TANF receipt is found to be in non-compliance with required activities during an extension, without Good Cause, that TANF extension will be ended.

5. The adult recipient or the minor parent head of household has the primary responsibility of providing verification to support their request for a hardship extension.

6. The following includes types of temporary hardship extensions, descriptions and time frames, and targets for case management during that extension period:
a. Domestic Violence -An adult or minor parent head of household who is a victim of domestic violence may be eligible for an extension of up to six months. Additional incremental extensions of up to six months may be granted.
i. Definition: An adult or minor parent head of household is currently involved in or living with the effects of a domestic violence situation, which includes one or more of the following:
a.) Physical acts/ threats of physical injury

b.) Sexual abuse of a child or caretaker of a child

c.) Psychological effects of the abuse

ii. Verification: The individual must provide reasonable and verifiable written evidence of the abuse including, but not limited to:
a.) Court, medical, law enforcement, child protective, social services, psychological, or other records that establish that the individual has been a victim of domestic violence; or

b.) Sworn statements from adult persons, other than the individual, with knowledge of the circumstances affecting that individual.

iii. Case Management: A Family Contract Amendment may include steps to reduce the threat of violence and increase family security and steps to prepare for employment and reach self-support in the shortest time possible. ASPIRE will offer to connect participants to local domestic violence projects and/or support agencies.

b. Disability - An adult or minor parent head of household who is disabled may be eligible for an extension of up to six months. Additional incremental extensions of up to six months may be granted.
i. Definitions
a.) "Disabled" is defined as the inability to engage in gainful employment based on medical evidence provided by an Acceptable Medical Source per the TANF Manual, Chapter II. The disability must substantially reduce the individual's ability to support the family.

b.) Gainful employment" is defined as activities that a person can perform and pursue intended to provide an income, and are a source of consistent revenue for the worker such as a steady job.

ii. Verification: The adult(s) or minor parent head(s) of household recipient claiming disability must:
a.) Have a significant physical or mental incapacity documented on a current medical form provided by the Department; and file an application for disability for SSI, SSDI or Railroad Retirement Disability.

OR

b.) If the impairment is believed to be temporary (less than 12 months) the applicant must provide medical information that provides a diagnosis and prognosis, including the length of time the applicant cannot be involved in work activities. Temporary disability is intended to cover those incapacities such as a broken limb, recovery from surgery and other short-term disabilities.
1. The request for subsequent incremental extensions must include:
a.) An updated medical form

b.) Documentation of the active status or documentation of the appeal of a denial of the SSI/SSDI application.

OR

c.) If the impairment is believed to be temporary (less than 12 months from the original medical statement) the applicant must provide medical information that provides a diagnosis and prognosis, including the length of time the applicant cannot be involved in work activities. Temporary disability is intended to cover those incapacities such as a broken limb, recovery from surgery and other short-term disabilities.

d.) Documentation of ongoing compliance in the individual's rehabilitation employment plans as reported by the Office of Rehabilitation Services, or documentation that the individual was found eligible for vocational rehabilitation services but was placed on a wait list.

2. If it is determined that the individual is not disabled, or is able to engage in gainful employment with some or no limitations, the individual does not qualify for TANF extended benefits.

iii. Case Management: A Family Contract Amendment must include steps to follow up with any disability application process. A Family Contract Amendment may include cooperating with the Department of Labor, Bureau of Rehabilitation, Vocational Rehabilitation Services, if found appropriate.

c. Caring for a Significantly Disabled Family Member - An adult or minor parent head of household who is caring for a significantly disabled family member may be eligible for an extension of up to six months. Additional incremental extensions of up to six months each may be granted.
i. Definition: The adult or minor parent head of household is needed to care for a family member who resides in the home and would be included in the TANF grant if otherwise eligible, and who has a temporary or permanent mental or physical illness, condition, or incapacity and no other care is available.

ii. Verification: The person who needs the care is physically or mentally disabled, as determined by medical evidence, provided by an Acceptable Medical Source per the TANF Manual, Chapter II, and the person who needs the care requires full-time assistance with daily living activities such as eating, personal care, mobility and/or medical attention; or the person who needs care requires full-time supervision to address mental health issues that may result in harm to the person needing care or to others.

iii. Case Management: A Family Contract Amendment must include development of a plan for care for the disabled family member to enable employment or a return to employment for the individual or development of another plan for financial support in anticipation of the end of TANF cash assistance.

iv. Participation in a Training or Education Program - The adult or minor parent head of household who is participating in a training or education program may be eligible for an extension up to six months. Additional incremental extensions of up to six months each may be granted.
a.) Definition: An adult or minor parent head of household, who, in the 60th month of receipt of TANF cash assistance is participating in an approved vocational education training program. Vocational education training is defined in ASPIRE-TANF Program Rules Section 3, subsection IV,A.3.a. This does not include: Adult Basic Education, General Equivalency Degrees, English as a Second Language, or High School. Individuals must maintain satisfactory progress (Section 3, III, A.) towards completion. (See Sections 10 and 16 for training and education time frames and completion requirements.)

b.) Verification: The individual must verify their training/ education schedule, grades or completion results and hours of participation.

c.) Case Management: For those receiving TANF-PaS benefits, the eligibility criteria and participation requirements (Section 16) remain the same during an extension.

d. Working Families - An adult or minor parent head of household who is working may be eligible for an extension up to six months. Additional incremental extensions of up to six months each may be granted.
i. Definition: An adult or minor parent head of household is working at paid employment for at least 35 hours per week but continues to be eligible for TANF cash assistance.

ii. Verification: Employment hours are verified through paystubs, or other employer contact through either OFI Eligibility or ASPIRE, and is documented in the client's electronic case file.

NOTE: Self-employed individuals must demonstrate that they are working 35 hours per week and must be earning at least the equivalent to the Federal minimum wage per hour (totaling 35) to be eligible for this extension.

iii. Case Management: A Family Contract Amendment must include steps to attempt to increase the individual's work hours and/or pay.

f. Pregnance - The pregnant adult(s) or minor parent head of household may be eligible for an extension up to six months.
i. Definition: A pregnant individual who is in her last trimester of pregnancy in her 60th month of TANF receipt. This is limited to single parent households.

ii. Verification: Pregnancy verification must be provided by the individual to the Department.

iii. Case Management: Assessment shall include discussion of family planning and resources provided, upon request, to prevent unwanted pregnancies.

g. Loss of Job - An adult or minor parent head of household, who becomes unemployed following his or her termination from TANF as a result of the time limit, may be eligible for an extension of up to six months. Additional incremental extensions of up to six months each may be granted provided there is a break in TANF for at least 12 months between the two extension periods.
i. Definition: An adult or minor parent head of household, who becomes unemployed following his/her termination from TANF as a result of the time limit, may be eligible for an extension of up to six months when:
a.) The individual has been employed for at least 12 months following TANF closure when the TANF closure was the result of the time limit or as the result of the end of an extension period; and

b.) The job loss was through no fault of the individual; and

c.) The individual has applied for unemployment benefits and would have been eligible except that (s)he has not worked for a sufficient length of time.

ii. Verification: The individual must provide:
a.) Verification of his/her employment for 12 months following TANF closure; and

b.) Verification of the reason for his/her most recent job loss; and

c.) Verification of his/her unemployment benefits status.

iii. Case Management: A Family Contract Amendment must include job search activities when appropriate, as outlined in Section 12.

h. Occurrence of an Emergency Situation - A family may be eligible for an extension of up to six months when the family has experienced an emergency situation, other than citizenship or alien status, which is beyond the control of the family and prohibits them from engaging in employment.
i. Definition: A family may be eligible for an extension of up to six months when the family has experienced an emergency situation, other than citizenship or alien status, which is beyond the control of the family and prohibits them from engaging in employment. Examples of an emergency situation include but are not limited to the following:
a.) Death of child, spouse or parent; or

b.) Homelessness due to a disaster such as fire, flood or act of nature.

c.) Victims of violent crimes

ii. Verification: The individual must provide verification of the emergency situation that is prohibiting them from engaging in employment. Examples of this verification may include a written statement from a law enforcement official, or a social service agency.

iii. Case Management: The individual's Family Contract Amendment must include steps to resolve barriers to employment created by the emergency situation. Appropriate referrals to available resources and services that may assist the family must be offered.

IV. TEMPORARY HARDSHIP EXTENSION GRANTED

A. Hardship extensions shall not be granted when:
1. The participant has rejected an offer of employment or quit a job without Good Cause (Section 4, III., C.) within the 12 calendar months prior to the date of the extension request;

2. The participant has failed to cooperate with ASPIRE, DSER, or QC within the 12 calendar months prior to the date of the extension request, two or more sanctions:

3. The participant has an Intentional Program Violation from the Department of Health and Human Services in the past 36 months, following the date the IPV was established.

B. Extensions must last a minimum of one month to a maximum of six months.

C. Individuals must meet the hardship extension criteria in order to remain eligible for an extension.

D. Individuals will receive extension decisions in writing. This notification will explain the reason for the decision and appeal rights.

E. A signed Family Contract Amendment must be completed within 10 days after granting a hardship extension.

F. Support Services, as defined in Section 14, may be provided during extensions.

G. Good cause for non-compliance with an activity in the Family Contract Amendment during a hardship extension is allowed consistent with the Good Cause provisions as defined in Section 4, III.

H. Reviews of individual's progress during their extension must be completed at least monthly by the ASPIRE-TANF Program. A review must be conducted when the Department becomes aware of changes in the household, including, but not limited to, earnings or household composition.

I. Earnings of any recipient or minor parent head of household approved for an extension due to a total inability to work will cause case closure due to failure to meet extension criteria, regardless of the amount of the earnings.

J. When a hardship extension has been granted and the TANF adult who has not received 60 months of TANF benefits fails to comply with ASPIRE rules, without Good Cause, the sanction process will be followed (Section 4, V. and VI).

K. When a hardship extension has been granted and the TANF adult who has received 60 months of TANF benefits fails to comply with ASPIRE rules, without Good Cause, the extension will be withdrawn and the TANF case will close.

V. END OF A TEMPORARY HARDSHIP EXTENSION

A. All hardship extensions are temporary and may be approved for up to six months. During the temporary hardship extension period the ASPIRE worker shall monitor the case for compliance. The TANF benefit continues until the extension ends or the family is no longer eligible for TANF for other reasons.

B. The family will receive notice, which shall be consistent with the notice described under Pre-Termination Conference and Notice, Subsection II of this Section, at least 10 days before the end of the temporary hardship extension. That notice will include an explanation of the right to request a hearing.

VI. RIGHT TO APPEAL

A. Any adult recipient or minor parent head of household whose request for a temporary hardship extension has been denied for any reason may request an Administrative Hearing. Benefits, however, may not be extended beyond the 60th month or be reopened following a 60-month closure while a hearing or a decision by the Hearings Officer is pending. All other rules regarding the Administrative Hearing procedures outlined in Public Assistance Manual (TANF) Chapter VI, apply.

B. When the Hearing Officer's decision is that the Department was not correct in its action, a corrective payment shall be made for the period specified in the hearing decision.

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