Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Cash
assistance eligibility.
(1) In
defining absence, emphasis was placed on the amount of time spent with each
parent rather than on the nature of the absence and the effect on the care and
control of the child. Effective with this statement of policy, treatment of a
joint or shared custody situation is no different from that of a regular
custody situation. The parent who requests assistance for himself, and his
children is designated as the caretaker relative and the other parent is
considered the absent parent under §
153.44(a)
(relating to procedures). The caretaker relative shall comply with TANF
requirements to etablish TANF eligibility including taking support
actions.
(2) In joint or shared
custody situations, when both parents are determined cash eligible, one parent
will be designated as the caretaker relative to receive TANF as the payment
name for the children's benefit and be included on the TANF grant. The TANF
grant is to meet the children's needs for the entire period not just when in
the physical custody of the parent designated as the payment name. It is not
the responsibility of the CAO to mediate disputes between the parents as to the
use of the grant.
(3) If the
caretaker relative fails or refuses, without good cause, to cooperate in
obtaining support, the caretaker relative shall be ineligible for TANF but
benefits to the TANF dependent children may not be delayed, denied or
terminated because a caretaker relative fails to comply with the support
requirements under §§
141.21(e) and
187.24(b)(1)(ii)
(relating to policy; and reserved).
(4) Special arrangements for physical custody
of a child on holidays, birthdays, vacations and similar special occasions will
be considered as regular visits to the absent parent.
(5) For consistency these requirements will
be extended to GA children also.
Example of a joint or shared custody
situation:
Mr. and Mrs. Greene, who are divorced, are under a joint
custody court order for the custody of their two children. The children live
with each parent every other week. Mrs. Greene applies for cash assistance for
herself and the two children, because her U. C. benefits are now exhausted and
she has no other income. Mrs. Greene is designated the caretaker relative and
Mr. Greene the absent parent. Mrs. Greene complies with all eligibility
requirements and AFDC is authorized for her and the two children.
(b)
Food stamp
eligibility. The authorized parent will be told of his responsibility
to see that the food coupons he receives for the child will be used to purchase
food in order to meet the child's needs throughout the month, and not just when
the child is in the physical custody of the parent receiving the food
coupons.
