Revision 15-4; Effective October 1, 2015

 

 

A—1010 General Policy

Revision 15-4; Effective October 1, 2015

 

TANF

Deprivation is the loss of financial support from a legal parent for one of the following reasons:

  • absence of parent(s) from the home;
  • death of parent(s);
  • physical or mental incapacity of parent who is living in the home; or
  • unemployment or underemployment of one or both parents in a two-parent household.

 

A—1020 Establishing Deprivation for Children of Unwed Parents

Revision 04-7; Effective October 1, 2004

 

 

 

A—1021 Unwed Parents Living Together

Revision 15-4; Effective October 1, 2015

 

TANF

When a child lives with both biological parents and the father:

  • is not married to the child’s mother;
  • is not the legal father as determined through court adjudication; and
  • acknowledges paternity,

staff should follow the procedures below to establish deprivation:

If the child's mother … then …
is or was married (other than by common-law) to another man presumed to be the child's legal father, the child is deprived based on absence and the biological father should not be certified. Both fathers must be referred to the Attorney General (see A-1100, Child Support).
was never married to a man presumed to be the child's legal father, the child is deprived, but not based on absence.
was married by common-law to another man, the child is deprived, but not based on absence.

 

A—1022 Paternity Conflicts — Unwed Parents

Revision 15-4; Effective October 1, 2015

 

TANF

If an application is filed for a child living with the mother and a man who may be the child's father and the couple disagrees about paternity, the mother must provide written proof of her statement.

If the mother proves the man is … then deprivation is …
the child's father, not based on absence, but rather on the relationship to the biological father living in the home.
not the child's father, based on absence.

If the mother is unable to provide written proof, staff must accept the man's statement and determine deprivation accordingly. If there are other paternity conflicts, assistance should be requested from the regional attorney.

 

A—1030 Deprivation Based on Death of a Parent

Revision 15-4; Effective October 1, 2015

 

TANF

Deprivation exists when a child's legal parent(s) is deceased. Staff must explore possible survivor's benefits for the child and/or remaining parent.

 

A—1040 Deprivation Based on Absence from the Home

Revision 03-7; Effective October 1, 2003

 

 

 

A—1041 How to Determine Deprivation Based on Absence

Revision 15-4; Effective October 1, 2015

 

TANF

Deprivation based on absence exists when:

  • a child's legal parents do not live together because of:
    • divorce,
    • legal separation,
    • desertion,
    • incarceration, or
    • deportation;
  • the child's biological father lives in the home with the mother and child but a legal parent-child relationship exists between the child and another man;
  • a parent resides outside the U.S. and there is a legal impediment that prevents the parent from living in this country; or
  • a parent convicted of an offense and sentenced by a court to perform unpaid community service during work hours lives at home while serving the sentence.

If absence is anticipated to last for:

  • 30 days or less, the absence is considered temporary and the child is not deprived.
  • more than 30 days, the absence is considered continuing.

Note: If the absence is currently less than 30 days but is anticipated to last longer than 30 days, the Eligibility Determination Group (EDG) should not be pended for deprivation.

A parent should be included in the certified group if the parent is temporarily absent for a reason listed in A-920, Temporary Absence from the Home.

Deprivation based on absence does not exist when a parent is absent solely because of:

  • employment; or
  • active duty in the uniformed services of the United States, even if the parent is incarcerated or absent without leave (AWOL).

Exception: Deprivation may exist if there is a break in the family relationship unrelated to active duty in the service, and information indicates the family members are not functioning as a family unit. Information can be a statement from the caretaker that she and the second parent consider themselves to be separated so that the parents and children are not functioning as one family unit.

 

A—1041.1 Joint Custody

Revision 15-4; Effective October 1, 2015

 

TANF

A child living with parents who have court-ordered joint custody may be deprived based on absence. In joint custody cases, either parent may apply for Temporary Assistance for Needy Families (TANF) for the child. When the child alternately lives with either parent each month, either parent may apply. See A-910, General Policy.

 

A—1042 Contact with the Absent Parent

Revision 15-4; Effective October 1, 2015

 

TANF

Contact the … when the address or phone number is known and … Determine …
legal absent parent,
  • there is reason to believe the absent parent is making cash contributions other than child support; or
  • conflicting information is provided regarding the parent's absence.
  • if the absent parent is making contributions other than child support;
  • the reason for the absence;
  • how long the absent parent has been absent; and
  • if the absent parent has plans to return and the anticipated return date.
alleged parent with no legal parent-child relationship,
  • there is reason to believe the absent parent is making contributions other than child support to the household; or
  • the absent parent lives in the home and is a potential legal father through common-law marital status.
  • if the absent parent is making contributions other than child support; or
  • if a common-law marriage exists.

Advisors must notify the applicant/individual before contacting the absent parent. Advisors should not contact the absent parent if the individual has a pending or valid claim of good cause. See A-1130, Explanation of Good Cause.

 

A—1043 Absent Parent Returns to the Home (Extension of the TANF Grant or Addition of the Returning Parent)

Revision 15-4; Effective October 1, 2015

 

TANF

When an absent parent returns to the home, the absent parent should be added to the case following policy in B-641, Additions to the Household, and eligibility and benefits should be determined.

  • If eligible, advisors must document the new reason for deprivation and notify the Office of the Attorney General (OAG).
  • If ineligible, advisors must deny TANF. If the absent parent’s earnings cause the case to be denied, advisors must transfer the case to TP 07 and include the absent parent.

Related PolicyEarnings of a New TANF Spouse, A-1249.2

 

A—1050 Deprivation Based on Incapacity

Revision 15-4; Effective October 1, 2015

 

TANF

A parent is incapacitated if a medically determined mental or physical impairment results in a substantial reduction in the ability to support or care for the child. This impairment kept or will keep the parent from performing the parent’s usual work for at least 30 days.

The individual's usual work is the individual's main occupation for the last 15 years. In the case of a homemaker, the activities related to caring for a child are considered usual work.

 

A—1051 Determining Incapacity

Revision 15-4; Effective October 1, 2015

 

TANF

Advisors must determine whether the household meets all other eligibility criteria. If the household meets all other eligibility criteria, a disability determination request should be processed as follows:

  1. Advisors must determine whether the household is receiving Supplemental Security Income (SSI) or Retirement, Survivors and Disability Insurance (RSDI) based on disability. If the individual receives either of these benefits, deprivation is established. Note: Eligibility for SSI or RSDI based on age does not establish deprivation.
  2. If the applicant has a disability that is:
  • obvious, advisors must certify the household for TANF and require a completed Form H1836-A, Medical Release/Physician's Statement, at the next redetermination.
  • not obvious, the advisor must complete the disability determination. A disability determination consists of the advisor completing and sending Form H1836-A to the physician who treated the individual within the past 60 days for the incapacity being claimed. Note: The physician is not paid for completing this verification.
If Form H1836-A is returned indicating that the individual has … then the household should be certified for …
a temporary disability, TANF or TANF-State Program (SP), and the individual must be informed that the disability will be reviewed at each periodic redetermination.
a permanent disability, TANF or TANF-SP.
no disability, TANF or TANF-SP, and the requirements for participation in the Choices program must be explained.

 

A—1052 Processing Medical Reviews

Revision 15-4; Effective October 1, 2015

 

TANF

Medical reviews must be processed at each periodic review following the steps in A-1051, Determining Incapacity.

If the disability was … then …
determined at initial certification without Form H1836-A, Medical Release/Physician's Statement, or was temporary and has ended (based on Form H1836-A) and the individual still claims to have a disability, the advisors must require the individual to provide Form H1836-A before recertifying the case. If the individual does not provide the statement and the disability is not established, the advisor must then certify the household for TANF, if otherwise eligible.
permanent (based on Form H1836-A) and has not ended, the advisor must continue to base deprivation on incapacity and not require another Form H1836-A unless the individual is working and/or the condition has improved.

 

A—1060 Deprivation Based on Unemployment

Revision 02-8; Effective October 1, 2002

 

 

 

A—1061 How to Determine Deprivation Based on Unemployment

Revision 15-4; Effective October 1, 2015

 

TANF

Deprivation based on unemployment may exist when a legal parent is:

  • unemployed, or
  • underemployed.

 

A—1070 TANF-State Program (SP)

Revision 15-4; Effective October 1, 2015

 

TANF-SP

Eligibility for TANF-SP may be determined when:

  • a child lives with both of the child's natural or adoptive legal parents/stepparents, even if one or both are disqualified for one of the reasons listed in A-222, Who Is Not Included, No. 4, Disqualified Members, unless that disqualification is due to not meeting citizenship requirements; and
  • the household meets all other TANF eligibility requirements.

 

A—1071 Employment Services Requirements

Revision 02-8; Effective October 1, 2002

 

 

 

 

A—1071.1 Choices Requirements

Revision 15-4; Effective October 1, 2015

 

TANF

Choices participation requirements and procedures are explained in A-1800, Employment Services.

 

A—1080 Disability Verification

Revision 15-4; Effective October 1, 2015

 

TANF

Verify the disability status using Form H1836-A, Medical Release/Physician's Statement.

 

A—1081 Verification Sources

Revision 15-4; Effective October 1, 2015

 

TANF

Death

Sources for verification of death include:

  • copy of death certificate;
  • Birth Verification System record;
  • doctor's statement;
  • Social Security claim number or evidence of receipt of widow's or survivor's benefits from the deceased person's Social Security number;
  • U.S. Department of Veterans Affairs or military service records;
  • Indian census record;
  • statement from funeral director;
  • records from the hospital or other institution where the person died; and
  • insurance company records.

Alternate sources include:

  • newspaper death notice listing survivors;
  • state or local public assistance records (including burial payment records);
  • lodge, club or other organization records;
  • police records;
  • statement from clergy; and
  • "In Memoriam" card.

Sources for verification of continued absence include:

  • statement from the absent parent;
  • rent receipt/statement from the absent parent's non-relative landlord;
  • statement from clergy, landlord, or other knowledgeable non-relative;
  • correctional institution records;
  • telephone directory;
  • absent parent's child(ren)’s school records;
  • tax records;
  • absent parent's employment records;
  • union records;
  • court records;
  • statement from law enforcement officials;
  • insurance records;
  • medical records;
  • post office address records for the absent parent;
  • other agency records;
  • absent parent's unemployment compensation records;
  • Department of Motor Vehicles record showing the absent parent's address (includes driver license, identification card, and motor vehicle registration);
  • city or crisscross directory; and
  • Social Security, U.S. Department of Veterans Affairs, or other government agency records.

Sources for proof of deprivation for TANF-SP include:

  • Texas Workforce Commission inquiry;
  • tax records;
  • check stubs;
  • employer's statement;
  • business records; and
  • Form H1028, Employment Verification.

Related Policy

Questionable Information, C-920
Providing Verification, C-930

 

A—1090 Documentation Requirements

Revision 15-4; Effective October 1, 2015

 

TANF

Advisors must document the:

  • facts about the incapacity and any expected changes;
  • processing dates of incapacity applications and reviews;
  • facts about good cause claims;
  • facts about adverse actions for noncooperation;
  • name and last known address of the legal and/or biological father of an unborn child, if the mother receives TANF;
  • permanent or temporary disability status; and
  • basis for a special review and the special review date.

Related PolicyDocumentation, C-940

The Texas Works Documentation Guide