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Chapter: 1400 Technical Requirements Program: TCA 63 Note: An individual’s statement should be considered questionable when a notice of an individual’s truancy or dropout status has been received from the school via the Learnfare data exchange process. 1420.1906.05 Care of a Disabled Family Member (TCA) An individual is exempt from participation in work activities when the individual is required to be in the home to provide for the personal care of a family member with a disability. The individual is not subject to time limits during the allowed exemption period.

The care given may include such things as supervision, arranging services, transportation and such tasks that are typically completed during the family member’s waking hours. The caregiver’s statement of their need to provide care in the home for the disabled individual is sufficient to establish the exemption. Verification of the family member’s disability is required. Statement of Need for Care, CF-ES 2094, can be used to verify the disability and get the caregiver’s statement. A verbal statement from the caregiver to the questions in Part A of this form may substitute for the caregiver completing this section. A disabled family member is any person related by blood or marriage and who resides in the home with the caregiver. The individual in need of care need not be a member of the assistance group/standard filing unit (AG/SFU) and may be either an adult or child. The caregiver may self-declare to the lack of alternative care, including lack of alternative care from other family members, for the disabled individual.

A family member is considered disabled if receiving temporary or permanent disability benefits issued by a government or a private source, or if a statement from a physician or licensed certified psychologist indicates that the family member is disabled. The age of the family member is not a factor in the need for care.

The need for care of the disabled individual must be reviewed annually to evaluate whether or not the TCA recipient still qualifies for this exemption. When the family member requiring care is temporarily disabled, the disability verification is valid until the temporary disability is expected to end or one year, whichever is earlier. If the disability is total and permanent, there is no need to re-verify the family member’s disability. In either case, the department must annually require a verbal or written statement explaining the caregiver provides personal care for the disabled individual in their home.

When one disabled individual lives in a two-parent AG, only one parent may be exempted from work requirements due to caring for the disabled individual. Unless otherwise exempt, the other adult in the two-parent AG is required to participate in employment and training activities. The responsibility for the caregiver of a disabled family member may be moved from one adult in the case to another adult in the case at any time, if requested by the AG. If this occurs, verbal statement from the new caregiver or an updated Part A section on the Statement of Need for Care (CF-ES-2094) is required. The request should be granted unless the adult who was required to comply with work activities is facing penalties for noncompliance. When more than one disabled member lives in a two-parent AG, both parents may meet the need for care exemption, provided no alternative care exists and the parents indicate each parent is responsible for the care of a different disabled household member. If a parent is in need of care, they cannot claim an exemption to care for another household member.

Note: If the physician states the disability is “temporary", then the need for care exemption can only be approved for the period determined by the physician. 1420.1906.07 Child Under Three Months (TCA) One custodial parent of a child under three months is exempt. The individual’s statement of the child’s age is sufficient, unless questionable. When there is more than one child in the home who meets this criterion, the age of the youngest child should be used for this exemption.