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The following limitations are specified in federal and/or state law. Electing counties may not contradict these provisions.
A. Assistance can be provided only for families where a minor child lives with an adult caretaker relative [federal - Sec. 408 (a) (1)] or an adult who has legal custody or guardianship. [TANF State Plan]
B. Benefit level must be determined based on the state standard of need. [State- Session Law 1999-359, Senate Bill 1134]
C. A sanction of at least a 25% reduction in payment must be applied for non-cooperation with child support enforcement. [federal - Sec. 408 (a) (2)]
D. Adults must assign rights to child support to the State (Currently, NC law already assumes the assignment is made when the Work First application is signed.). [federal - Sec. 408 (a) (3)]
E. Minor parents must attend school and live with parents or in another adult-supervised setting. [federal - Sec. 408 (a) (4) and (5)]
F. Lifetime limits can not exceed 60 months unless a hardship exemption is granted. [federal - Sec. 408 (a) (7)]
G. An individual is ineligible for assistance for 10 years if they are found to have fraudulently misrepresented their residence in order to get assistance in 2 or more states. [federal - Sec. 408 (a) (8)]
H. Fugitive felons and probation and parole violators are not eligible for assistance. [federal - Sec. 408 (a) (9)]
I. Children who are temporarily absent from the home without good cause. [TANF State Plan]. The caretaker relative who fails to notify the agency of the child’s absence within 5 days is not eligible for assistance. [federal - Sec. 408 (a) (10)]
J. All eligible family members must have a social security number or apply for one. [federal - 42 U.S.C. 1320 (a)(1)]
K. Class H or I drug felons are eligible for assistance (with restrictions). Other drug felons are not eligible. [State - 108A-25.2.]
L. Counties must adhere to Citizenship/Identity Requirements
M. Individuals found to be in need of professional substance abuse treatment services are required to accept treatment, if available, as a condition of eligibility. [State - 108A-29.1]
N. All counties must adhere to notice requirements in [NCGS 108A-79]
O. Counties must continue to participate in the Income Eligibility Verification Systems (IEVS) matches. [federal - Section 1137 - Social Security Act]
P. Counties must adhere to guidances set forth by Title VI of the Civil Rights Act and the Americans with Disabilities Act.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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