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2402.20.05.10

AMERICAN INDIANS BORN IN CANADA (C)

The policy stated in this section only applies to Two-Parent TANF and Regular TANF.

A North American Indian born in Canada may freely enter and reside in the U.S. and is lawfully admitted for permanent residence if he is of at least 50% American Indian blood. This does not include the spouse or child of such an Indian nor a non-citizen whose membership in an Indian tribe or family is created by adoption unless such person is of at least 50% American Indian blood.

Sources of verification are: • Birth or baptismal record issued on a reservation. • Tribal records. • Letter from the Canadian Department of Indian Affairs; or • School records 2402.20.05.15

OBTAINING 40 QUALIFYING QUARTER VERIFICATION (S)

During the interview the worker must obtain information to determine whether the applicant or recipient with immigrant status has worked or obtained credit for 40 quarters of employment. Since the applicant's work and work by parents and/or a spouse can be combined to attain the 40 quarters, it is necessary to obtain information to determine the proper relationships, the date of birth of the applicant and certain identifying information.

The quarters of the following individuals may count in the 40-quarter determination: • The applicant • The applicant’s natural/adoptive or stepparents (while the applicant was under age 18, including quarters worked before the child was born). If a stepparent relationship ends based on marital status the quarters of the stepparent are no longer applicable. • The current spouse • Former spouse (only if deceased).

The eligibility worker must also determine if it is possible for the applicant to meet the 40-quarter requirement by asking how many years each relevant individual (persons who quarters may count) and the applicant have lived in this country, then add the years together. If the total is less than 10, the applicant cannot meet the 40-quarter requirement and will be determined to be ineligible.

Then, determine how many years in total the applicant and relevant individuals have worked in the U.S. Four quarters in each year can be credited to the applicant and each relevant individual. Quarters of work not covered by Title II of the Social Security Act may be counted in the determination.

The 40-quarter verification will be completed via interface with the Social Security Administration.