The Basics of TAFDC Welfare Rules for Families Cash Assistance - - PDF document

TAFDC Basics: An Overview December 2019

The Basics of TAFDC – Welfare Rules for Families

Cash Assistance Basic Benefits Training December 12, 2019 Lizbeth Ginsburg, Greater Boston Legal Services lginsburg@gbls.org 617-603-1624

Objectives

• Overview

–Who is eligible for TAFDC –Rules for families on TAFDC

• Know enough to spot issues

2

TAFDC Basics: An Overview December 2019

What Is TAFDC?

• TAFDC = Transitional Aid to Families with

Dependent Children

• Cash assistance (welfare) program in

Massachusetts for low-income families with children and pregnant women

• Administered by the Department of

Transitional Assistance (DTA)

3

What are the TAFDC benefits?

• Cash grant paid twice a month
• Clothing allowance ($350)
• Infant benefit for new babies ($300)
• Potential for child care and transportation

benefits

• Relocation benefit (up to $1000)
• Transitional Support Services - TSS (post-

TAFDC benefit)

4

TAFDC Basics: An Overview December 2019

Who is eligible for TAFDC?

Families with dependent children

– Child

• Under the age of 18, and/or
• Age18 and expected to graduate from high school

by age 19

– Parent or other relative caretaker

Pregnant person

– Teens: any time in pregnancy – 20 years & up: within 120 days of due date

5

Immigrant eligibility rules

Complex eligibility rules for non-citizens

– TAFDC Advocacy Guide – See handouts – Consult an advocate

Note: Each DTA program has different immigrant eligibility rules Basic Benefits Training: Immigrants & Benefits – April 4, 2020 @ MCLE

6

TAFDC Basics: An Overview December 2019

Immigrant eligibility rules

• Non-citizen parents can apply for

TAFDC for citizen children even if parent is not eligible for benefits

7

Immigrant eligibility rules

• Some non-citizens are eligible for TAFDC
• 5-year bar – Legal Permanent Residents

(‘green card’ holders) cannot get TAFDC until they have had LPR status for 5 years (and are otherwise eligible).

8

TAFDC Basics: An Overview December 2019

Immigrant eligibility rules

• Key exceptions to 5-year bar under

TAFDC rules:

– domestic violence (‘battered non-citizen rules’) – active duty/veteran status – prior status

9

Immigrant eligibility rules

5 year bar doesn’t apply to:

• Amerasian Immigrants
• Cuban/Haitian Entrants
• Refugees
• Granted Asylum
• Granted Withholding of Deportation or Removal
• Members of Hmong/other Highland Laotian tribes
• Iraqi and Afghan Special Immigrants
• Victims of Trafficking
• LPRs who adjusted from one of these statuses

10

TAFDC Basics: An Overview December 2019

Public Charge What is public charge?

Legal Permanent Residence can be denied if an immigrant is deemed likely to be financially dependent on the government.

11

Public Charge

Applies to some immigrants seeking lawful permanent resident status. Does NOT apply to:

• Refugees, asylees, VAWA self-petitioners,

U-visa holders, Special Immigrant Juveniles, Temporary Protected Status

• Getting citizenship (naturalization)

12

TAFDC Basics: An Overview December 2019

Public Charge

Old rule:

• Considers only cash assistance for

income maintenance and long-term institutional care

• Does not consider non-cash benefits

13

14

Public Charge

Trump Administration rule:

• Considers some non-cash benefits:

– Non-emergency Medicaid (except for children under 21, pregnant women & new mothers) – SNAP – Medicare Part D Low Income Subsidy – Federal Public Housing & Section 8

• Wealth test –Discriminates based on

income, age & health

TAFDC Basics: An Overview December 2019

15

Public Charge

BUT –

• For now, new rule is not in effect due to multiple

court injunctions – no one should give up needed benefits now!

• Even if it does go into effect, new rule:

– Will not consider benefits received by eligible family members who are not applying for LPR status – Will not be retroactive

Public Charge

For more information –

• National campaign:

https://protectingimmigrantfamilies.org/

• Massachusetts campaign:

http://www.miracoalition.org/PIF

16

TAFDC Basics: An Overview December 2019

Financial eligibility overview

17

Asset limit = $5000

– Some assets do not count, *including one vehicle*

Income

– DTA counts unearned income unless exception applies (e.g., SSI is non-countable) – Earned income – deductions/disregards usually apply

Report changes!

TAFDC grant amount

TAFDC amount is based on –

– # of people included in grant – Countable income (earned & unearned) – Housing situation

• Public/subsidized housing
• Private housing (+$40/month)
• *No more homeless penalty!*

18

TAFDC Basics: An Overview December 2019

TAFDC grant amount

Monthly TAFDC amount (no other countable income):

19

# of people Public housing/ subsidized housing Private housing (no subsidy) 2 $491 $531 4 $691 $731

100% earned income disregard

100% earned income disregard for 6 months

– TAFDC is not reduced due to earnings – Applies if total household income is under 200% of the federal poverty level (New policy as of July 2018)

20

TAFDC Basics: An Overview December 2019

100% earned income disregard

• After the 6 month period, a 50% disregard

and $200 deduction is applied to determine if still eligible

• May be eligible for 6 month 100%

disregard again with different job

• Note: Clients must still report changes in

earnings to DTA!

21

Key TAFDC rules

• Time limit & work requirement
• Exemptions
• Job search at application
• Pathways assessment (PSS)
• Child support assignment and cooperation
• Immunization
• Teen parent rules
• Learnfare – school attendance rules

22

TAFDC Basics: An Overview December 2019

Time limit & work requirement –

• verview

Families on TAFDC are subject to time limit and work requirement rules unless exemption applies

Non-exempt

Subject to time limit & work requirement

Exempt

Not subject to time limit or work requirement

23

Note – can move from exempt to non-exempt, and vice versa

Time limit

• For non-exempt families:

– Limit of 24 months of TAFDC in a 5 year period – A new 5 year period starts 5 years after family first got TAFDC  family eligible for another 24 months of TAFDC

• If 24 months have been used, family may be

able to get an extension – Consult with GBLS (mmalherbe@gbls.org)

24

TAFDC Basics: An Overview December 2019

Work requirement

• Non-exempt  participate in a work

activity for required hours each week

• Can be sanctioned for not participating;

sanctions lower or stop TAFDC

• Entitled to child care assistance if needed

to meet work requirement

25

Work requirement - activities

• First 12 weeks – planning period

(Employment Planning)

• Paid work, supported work programs
• Job search
• Vocational rehabilitation programs

26

TAFDC Basics: An Overview December 2019

Work requirement – activities (cont’d)

• Community service
• Housing search by those in shelter
• Education or training
• Double hours
• Limit of 12-24 months; but possible

extension

27

Work requirement - other

• Can do more than one activity
• If parent is not in an activity, DTA must

refer to community service

• In 2-parent family, both parents are subject

to work requirement

28

TAFDC Basics: An Overview December 2019

Work requirement - sanctions

If parent is subject to and not meeting the work requirement, DTA will impose sanctions:

– Step 1 – assign to a community service site – Step 2 – reduce grant by parent’s portion ($100) – Step 3 – stop assistance to entire family

29

Work requirement – good cause

DTA should not impose a sanction if parent has good cause, including:

– No available and appropriate child care – No affordable and reliable transportation – No available and appropriate community service site – Family crisis, illness or disability

30

TAFDC Basics: An Overview December 2019

Work requirement – undoing sanctions

Restoring benefits after a sanction:

– Old rule – Sanction removed only after parent participates in activity for 2 weeks – *New policy* – Sanction removed if:

• Client tells DTA they are ready to do a work

program activity and has a referral to a work program activity

• Or, if applying, client completes up front job search

31

Exemptions

Exemptions from the time limit and work requirement:

• Parent is disabled (SSI, SSDI, or DTA

standard)

• Caring for disabled family member
• Child under age 2

32

TAFDC Basics: An Overview December 2019

Exemptions (continued)

• Pregnant

– Current rule: within 120 days of due date – Planned change: 33rd week of pregnancy

• Relative (non-parent) not on grant
• Seniors

– Current rule: 60+ – Planned change: 66+, or 60+ if retired before applying for TAFDC

33

Exemptions (continued)

• Teen parent meeting teen parent rules
• Immigrants without work authorization –

family is exempt from time limit but not work requirement

34

TAFDC Basics: An Overview December 2019

Exemptions (continued)

• How to get exemption

– Some are automatic – Some require process to show eligibility

• 2-parent families – both parents must be

exempt for family to be exempt

• Exempt recipients can ‘volunteer’ for

activity and most can get related benefits (child care, transportation)

35

Exemption status & WPR/time limit – case example

Renay applied for TAFDC 1/1/13 when pregnant with 1st child. She goes to school and gets GED, then does a training

• program. Gets a job and TAFDC closes – all

before her child turns 2.

Exempt (child under 2) Didn’t use up any of 24 months under time limit

36

TAFDC Basics: An Overview December 2019

Exemption status & WPR/time limit – case example

Renay loses job b/c can’t find child care during her evening shift. Reapplies for TAFDC 6/1/16.

Non-exempt – must meet WPR & is subject to time limit Has 24 months under time limit, if no exemptions apply

37

Exemption status & WPR/time limit – case example

Renay decides to go back to school for a two year Associates Degree in Nursing that starts 9/2016. If all goes well, she’ll finish 6/2018.

Meets Work Program Requirement with school 5 year clock restarts 1/1/18

38

TAFDC Basics: An Overview December 2019

Other potential exceptions to time limit and work requirement

• Domestic violence waivers
• Disability accommodations under the ADA

39

Job search at application

• Within 30 days of application:

– Must attend DTA Orientation session and – Make at least 2 job contacts

• If not done by day 30: most cases will open

for dependents only; some cases will be denied

40

TAFDC Basics: An Overview December 2019

Job search at application

• Within next 30 days, must make at least 3

more job contacts

– If not done by day 60, case may be closed

• Exceptions: applicants excused if good

cause or asserts basis for exemption

41

Pathways Assessment (PSS)

• ‘Pathways to Self-Sufficiency’
• Assessment of strengths and barriers
• Required at application and at every

reevaluation for most TAFDC applicants and recipients – may be separate appointment

42

TAFDC Basics: An Overview December 2019

Child support assignment

• Parent must assign to the state (DOR) the

right to collect child support for any child getting TAFDC

• Purpose is to allow state to be paid back
• If parent refuses to assign, assistance to

entire family is denied or terminated

43

Child support cooperation

• Parent must agree to cooperate with DOR

efforts to collect child support unless good cause

• If parent doesn’t cooperate and no good

cause, TAFDC will be reduced

44

TAFDC Basics: An Overview December 2019

Child support cooperation – good cause

• Good cause for not cooperating

– Physical or emotional harm to parent or child – Rape or incest

• Alternative to claiming good cause – work

with DOR to pursue child support safely

45

Immunization

• Proof of immunization is required for all

dependent children applying for or getting TAFDC unless there is good cause

• Can claim good cause for religious or

health reasons

• If parent doesn’t provide proof, TAFDC will

be reduced

46

TAFDC Basics: An Overview December 2019

Teen parent rules - overview

• Special rules for teen parents on TAFDC

– School attendance – Living arrangement

• Who is a teen parent?

– 19 or younger & will not turn 20 within 60 days – Gets TAFDC as dependent child or as grantee – Has a child or is pregnant

47

Learnfare - school attendance rules

• School-aged children under age 16 must

attend school :

– Unexcused absences may lead to a sanction

• Rule does not apply to a family in which

the parent is disabled

48

TAFDC Basics: An Overview December 2019

TAFDC advocacy tips

• Use the TAFDC Advocacy Guide
• Check the TAFDC regulations & DTA’s

Online Guide

– www.mass.gov/dta/regulations – https://www.mass.gov/service-details/the- department-of-transitional-assistance-online- guide (or Google “DTA Online Guide”)

49

TAFDC advocacy tips

• Contact a legal advocate

̶ https://www.masslegalservices.org/FindLegal Aid

• Remember to consider exceptions,

exemptions, good cause!!

50