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A. STARTING THE 24-MONTH TIME CLOCK
B. STOPPING THE 24-MONTH TIME CLOCK
C. Evaluating the 24-MONTH TIME CLOCK
In addition to the 60-month lifetime limit on receipt of TANF, most families in North Carolina that include a work eligible adult and are active in Employment Services, are also subject to a 24-month time limit on the receipt of Work First Family Assistance. North Carolina began counting cases on the 24-month time clock effective August 1996. Do not count months a family received benefits prior to this date.
Months when a family received assistance in another state do not count against the 24-month time limit. The receipt of services that are not defined as assistance such as Emergency Assistance (EA), Services for Families At or Below 200% of Poverty or Benefit Diversion, does not count against the 24-month limit.
The 24-month time limit is a significant incentive for families to be focused and intensive in their efforts to prepare for and obtain stable, long-term employment that will support their families.
For each month during which a family’s 24-month clock is ticking, the county department of social services must also be making intensive efforts to assess, plan, and support the family’s efforts.
After receiving 24 cumulative months of Work First Family Assistance and Employment Services in North Carolina, these families are ineligible for assistance. They are ineligible for 36 consecutive months following termination, unless an extension is granted
During a family’s 36 months of ineligibility, they may apply for and receive Services for Families At or Below 200% of Poverty, Benefit Diversion and/or Emergency Assistance if they are eligible. These services do not meet the definition of assistance and are not an extension.
Families are subject to the 24-month time limit on Work First benefits when they:
Each time a request is made for Work First assistance, complete an inquiry into each adult’s Eligibility Tracking (ET) screen in EIS to determine the status of the family's time clock. EIS indicates the number of months an individual has been subject to the 24 month time limit and when appropriate, tracks the 36 month ineligibility period following termination. If any adult in the family has received assistance for 24 months (cumulative) and 36 months have not passed since the last receipt of assistance, the family is not eligible to apply. The 24-month time limit on Work First cash assistance begins in the month following the date an individual is activated in EPIS. A system-generated notification letter (DSS- 5290) is sent informing the family about the 24-month time limit and identifies the month the 24-month time clock starts.
EXAMPLE: A work eligible individual began participating in Employment Services and was activated in EPIS in July. The family is notified automatically, and EIS begins tracking their 24-month time limit in August.
Counties have some discretion in stopping a family’s 24-month time clock. The assessment process should identify any supportive services that the family needs in order to participate. (See Section 117, Ongoing Assessment and Services). If at any time the county departments of social services or other community resources are not able to provide needed services, the family’s clock should be stopped.
The caseworker must carefully evaluate participants’ capability to participate full-time in work activities. Some participants will have physical, mental, or emotional barriers that make full-time work unrealistic. Counties have the discretion of stopping the 24-month time clock for such participants, while continuing to work with them in employment services. Any applicant or recipient that meets the ADA definition of disabled and those individuals caring for family members who are disabled should be provided reasonable accommodations, if needed. This will encourage these participants to work to the best of their ability while recognizing that their limitations may make the 24-month time limit an unrealistic requirement.
The caseworker must document in the case narrative the decision to stop the clock and the reason, and maintain documentation of medical, psychological, or other assessments that support the decision.
1. Stop the 24-month clock when:
The 24 time clock in these cases is stopped by changing the individual’s work registration code in EIS to F, H, I, O, or S, whichever is appropriate.
Even when the 24-month time clock is stopped for one of the above reasons, the 60-month time clock continues.
The 24-month time clock is not stopped for temporary absences from work activities.
Exception: A child who enters a new household may be able to receive Work First even if the adults in the family in which the child originally lived terminated from Work First due to the time limit. The time limit "follows" the adult (the participant who was active in EPIS); therefore, a child may enter a new household and be eligible in the new household. Also, if the adult whose 24-month time limit expired moves out of the household, the family may again apply for Work First.
2. 24-month Time Limit Waiver for Post-secondary Education
Recipients will have their 24-month time limit waived for up to 36 months when participating in post-secondary education with at least a 2.5 grade point average or its equivalent. This does not affect the 60-month time limit or counting toward the Work Participation Rate (see Section 118).
For the purposes of granting this waiver, post-secondary education is defined as instructional classes that are provided by an institution of higher learning and for which the student earns credit hours from the institution and receives a letter grade. This applies to persons who hold a high school diploma or its equivalent.
Whenever possible, categorize post- secondary education as defined above as Vocational Educational Training, as described in Section 118. In these cases, it would be a countable work activity for participation rate purposes (EPIS Component “VT”). Otherwise, post-secondary education is not a countable activity for participation rate purposes and does not meet the federal work requirement.
There is no minimum number of hours in which participants must be enrolled to have their 24-month time limit waived. As with any other approved activity, enrollment in post-secondary education must be documented on the MRA Plan of Action.
For these participants, review their grades at the end of each term and delete from their eligibility tracking (ET) screen all months when they were enrolled and maintained a 2.5 grade point average or its equivalent.
If the participant’s 24-month time limit is due to expire during a school term, override the time clock via the ET screen and evaluate the participant’s grades at the end of the term. (Overriding the clock prevents the case from automatically transferring to MAF-C.) If the participant fails to maintain a 2.5 grade average and the months need to be counted, send a timely notice and transfer to MAF-C due to expiration of the 24-month time limit. (See Family and Children’s Medicaid Manual.)
Special attention must be paid to cases on the 24-month time limit during months 12, 18 and 24. A time line for evaluating and assessing these cases is shown below.
MONTH |
ACTION |
12 |
Review ET screen, EPIS, and case record for accuracy of time clock |
18 |
Complete a full employability assessment and other assessments as needed |
22 |
Automated notice mailed by EIS |
24 |
Evaluate Medicaid eligibility and transfer as appropriate. Complete case summary |
1. Cases on the 24-month Time Clock
Cases on the 24-month time clock should be evaluated monthly for accuracy. Use the monthly report in NCXPTR entitled ‘DHREJA 24 Month Time Clock’ to determine which cases to review.
Once cases are identified with 18 months, review the employment services case record and the employment/ component history in EPIS case for accuracy of the time clock. Pay special attention to months in which no activity is reported in EPIS. The DSS 5299 may be used as the checklist for this review.
The following guide may assist in determining whether an adjustment is needed to a family’s 24-month time clock.
Answering these questions will help the caseworker determine whether the 24-month time clock needs to be adjusted and will ensure cases are not incorrectly terminated from Work First. When the caseworker determines that an adjustment should be made to the 24-month time clock, follow the instructions in the Work First User Manual. Anyone with update capability in EIS can make changes to the time clock. The caseworker must notify the participant when adjustments are made to the time clock.
2. Reassessment of Cases Within Six Months of Termination
No later than the end of the 18th month, all cases on the 24-month time limit must be given a full assessment. This full assessment should include an offer for a voluntary screening for disabilities. The assessment may help identify a disability (for example, when there is a pattern of non participation, behavioral cues, low test scores or poor performance in school or work assignments). If the participant declines the voluntary screening, document the case record to reflect such.
If the participant has a disability and needs assistance in obtaining the necessary documentation, the caseworker should arrange for the needed assistance and document this in the case record.
The assessment must address family strengths, needs, and barriers to employment. It should thoroughly explore all community resources available to assist the family in moving toward self-sufficiency before their time limit expires. (Refer to Section 117, Ongoing Assessments and Services.)
The results of this assessment must be documented in the case record, and be included on an updated MRA Plan of Action.
Cases in the final six months of eligibility should be given priorityfor employment services.
3. Cases Approaching the 24th Month on the Time Clock
In the 21st month, when the 22nd check is to be mailed, an automated notice (DSS-8220A ) is produced informing the family that their Work First payment will soon terminate and notifying them of their right to appeal or request an extension. The notice also informs them of benefits for which they may be eligible after their time limit expires.
During the 24th month:
A family may request an appeal or extension at the end of their time limit. An appeal is requested when the family believes the clock is in error and that they still have months remaining on their time limit. If the family agrees that the months on the time clock are correct and they want to ask for additional months of assistance, they must request an extension.
A flow chart of the appeal and extension process is shown in Figure 105f-2.
1. Appeals
If the family disagrees with the number of months on the time clock, they may appeal the action taken to terminate their case. Follow the regular local and State appeals process. Refer to Manual, Section 264, for information on appeals.
A family may also request an appeal if the county Board of Social Services or its designee denied the family’s request for an extension.
The family must request a State level appeal within 15 days of notification of the local extension decision. If the decision is overturned at the State level, the State Hearing Officer must determine the number of extension months.
If the family is receiving benefits at the time they request an appeal, benefits are continued, pending a decision by the local hearing officer.
If the family is not receiving benefits at the time of the appeal request, benefits are not given or continued, pending a decision by the local hearing officer.
2. Extensions
Families may request an extension to their Work First when they are notified of the proposed termination of Work First, during the 24th month, or any time during the 36 month ineligibility period. There is not a limit to the number of extensions a family can request during the 36 months of ineligibility after receiving 24 cumulative months of Work First. The family must request an extension from the county department of social services in the county in which they reside at the time of the request.
The county must complete the extension hearing process and issue benefits or send a denial notice within 45 days from the date of the extension request.
Requests for Work First after the 36 consecutive months of ineligibility are reapplications.
The NC Division of Social Services will monitor all Work First extensions. Any necessary follow up or consultation will occur on a case by case basis.
1. The Role of the Family
The family:
2. The Role of the Worker
When a family requests an extension to their Work First benefits, the extension hearing must be completed and, if the extension is granted, benefits issued within 45 days of the request if the family meets all eligibility and MRA requirements.
If the extension is denied by the county Board of Social Services or its Designee or if the family does not meet the eligibility and /or MRA requirements, a denial notice (DSS-5300) must be sent within 45 days of the date of the extension request.
The following actions must be taken when an extension request is made.
3. The Role of the County Board or its Designee
The county Board of Social Services or its Designee must maintain confidentiality with regard to the extension hearing process. This means that extension hearings must be closed sessions before the county Board of Social Services or its Designee.
The county Social Services Board or its Designee must evaluate each case to determine if the family’s net household income is less than the maximum Work First payment for the family size.
To calculate the family’s income:
EXAMPLE: |
Person # 1 |
Person #2 |
Gross Monthly Earnings |
$100.00 |
$200.00 |
Work Related Deduction |
-27.50 |
-55.00 |
Net Earnings |
$ 72.50 |
$ 145.00 |
EXAMPLE: |
Person # 1 |
Person #2 |
Net Earnings |
$ 72.50 |
$ 145.00 |
Unearned Income |
25.00 |
0.00 |
Total Income Per Person |
$ 97.50 |
$ 145.00 |
TOTAL INCOME FOR THE FAMILY = $242.50 | ||
EXAMPLE: |
Total Family Income = $242.50 |
Number in the Family Unit = 3 |
Maximum Work First Payment Amount for 3 = $272 |
Is the income ($242.50) greater than or equal to the maximum Work First payment amount for 3 people ($272)? |
If yes, the family is not eligible for an extension |
If no, the family meets the income test for an extension. |
When granting an extension, the county Board of Social Services or its Designee must also determine the length of the extension and specify when the extension begins and ends. Each extension must be a minimum of one month to a maximum of six months.
Extension months are additional months of Work First benefits and must not be given for months the family has already received Work First benefits. Extension months may be retroactive only to the month the family requested the extension, provided the family is eligible and has not already received Work First benefits in that month.
There is not a limit on the number of extensions a family can be granted providing the family does not exceed the federal lifetime limit of 60 months of assistance. However, to receive additional benefits, the family must meet all Work First eligibility criteria and the requirements of the Mutual Responsibility Agreement(s).
1. The Role of the County Board of Social Services or Designee
The county Board of Social Services or its Designee may grant the extension when it is determined that:
Good Cause is defined as:
The county Board of Social Services or its Designee completes the Extension Hearing Request (DSS-5301) and returns it to the Work First supervisor as soon as possible after a decision is reached.
2. The Role of the Worker
When the caseworker receives notification that the extension was granted:
The notice must:
3. The Role of the Family
The family is responsible for providing all information necessary to determine their eligibility for Work First within ten calendar days of the county’s request for the information. As a reasonable accommodation, individuals with disabilities are entitled to additional time and/or assistance with obtaining needed information. All families should be informed of the rights of individuals with disabilities to receive such assistance.
If eligible for Work First, the family is subject to all of the terms and conditions of the regular Work First Program, including compliance with the Mutual Responsibility Agreement(s), sanctions, and time limits.
If the family was granted an extension but they do not meet the Work First eligibility and/or MRA requirements, complete and mail a manual DSS-8109. Evaluate the family members for any appropriate Family and Children’s Medicaid programs.
1. The Role of the County Board of Social Services or Designee
The county Board of Social Services or its Designee must deny the extension when it is determined that:
2. The Role of the Worker
When the caseworker is notified the extension was denied, complete and mail a Notice of Denial of Extension (DSS-5301) to the family. This notice must inform the family of the county Board of Social Services or its Designee’s decision and the reason for the decision.
The DSS-5301 is used in this situation because an appeal of a denial of extension is heard at the State level, and the deadline for requesting a State level hearing is 15 days, not 60 days as stated on the DSS-8109.
When an extension is granted for one or two months and the family is eligible, approve an administrative reapplication as an open/shut case. When extensions are granted for three or more months, key a ‘4’ and the month and year the extension period ends in the SPECIAL REVIEW Field on the DSS-8125. One month prior to the end of the extension period, EIS will display the message, “Income to end,” on the Case Management Report.
At that time, the caseworker will complete and mail a timely notice giving the ending date of the Work First Family Assistance. If the family is receiving food and nutrition services, notify the Food and Nutrition Services Unit of the termination of Work First Family Assistance.
Evaluate all family members for Medicaid eligibility. If the caseworker is unable to determine Medicaid eligibility before Work First terminates, transfer the case to one-month MAF-C until eligibility can be determined.
A family may request another extension at this time or anytime during their 36-month period of ineligibility.
1. The Role of the Family
Families must request an extension of Work First benefits in the county in which they live. The request can be verbal or written.
2. The Role of the County
When the caseworker receives a request for Work First benefits, check the Eligibility Tracking (ET) screen in EIS to determine if the family has received 24 cumulative months of Work First benefits in North Carolina.
If the family has not received 24 cumulative months of Work First benefits in North Carolina or the 36 consecutive months of ineligibility have passed, the family’s request for additional Work First is a reapplication. Follow the procedures for Work First reapplications.
If the family has received 24 cumulative months of Work First benefits in North Carolina and it is within the 36 consecutive months of ineligibility, their request for additional Work First benefits is an extension request.
Contact the county where the family last received Work First, as soon as possible, to request needed information and ensure the 45-day extension hearing time frame is met.
That county must ensure the file contains complete documentation about the case. If the case record does not contain a detailed narrative, the county must provide a summary of the case before sending the record to the county. (See DSS-5292, Work First Participation Summary, for a suggested summary format.)
The county must forward the file to the county within five working days.
The extension hearing must be held by the Board of Social Services or its Designee in the county where the family is living due to possible changes in the family’s situation.
The extension hearing must be completed and benefits approved or a denial notice sent by the county in which the family is living within 45 days of the extension request. Counties must work together to ensure this time frame is met.
In cases of dispute, the receiving county may contact their Work First Program Consultant to help resolve the dispute.
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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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