2243 Hardship Status

2243 Hardship Status - There is a twenty-four-month time limit to receive TANF assistance. If all adults in the mandatory filing unit (MFU) do not meet a hardship criterion, the case is to close at the end of the twenty-fourth month. To engage in client driven services sooner, hardship status is to be determined by the twelfth month of TANF assistance or as it becomes known to the agency. This hardship status, which allows families to receive TANF assistance beyond the twenty-four-month time limit, is to be granted when all adults in the MFU meet one or more of the following criteria.

Caretaker of Disabled Household Member - Is a caretaker of a disabled family member living in the household. Form ES-4310 must be completed indicating the nature of disability and duration. For disabilities that are not considered permanent, the ES-4310 must be completed yearly or as indicated. For those disabilities that are considered permanent, the ES-4310 must be completed at least once. Home care resources (Independent Living Centers, Community Developmental Disability Organizations, etc) may be explored at the option of the caretaker and/or a person with disabilities. These resources may allow the caretaker to voluntarily participate in EES work program activities to promote self-sufficiency. (see KEESM 3100 for mandatory referrals to employment services for exempt TANF adults.)

Long-Term Disability - Has a disability which precludes employment on a long term basis or requires substantial rehabilitation. Verification is to be obtained through the medical form ES-4309, or medical form ES-4309 and a vocational assessment, or a psychological evaluation. All documentation will be subject to a second opinion. The client must provide documentation they are pursuing Social Security Disability benefits to be given an extension for this hardship. The case must be reviewed no less than every 6 months at which time additional medical documentation may be requested.

Sexual Harassment, Domestic Violence, Sexual Assault, or Stalking - Needs a time limit extension to overcome the effects of sexual harassment, domestic violence, sexual assault, or stalking (see 3530 (10)). This hardship must be re-established every six months through a joint staffing between EES staff, the DSA advocate and the client.

PPS - Is involved with Prevention and Protection Services (PPS) and has an open social service plan verified by contact with PPS. An IST staffing should occur prior to using this hardship and every six months once invoked.

Executive Review - Is determined to not have a hardship as designated in criteria 1-4. At application or review, but before the 24th month of TANF assistance, staff will reach out to the TANF Program Manager requesting a hardship for all eligible households. A determination for hardship will be made by the executive review team. Hardship for such a family member will end the first month cooperation ceases. This extension may be reviewed as needed.

NOTE: Cases which have closed after reaching the 24-month time limit (either in Kansas or another state) can regain eligibility if they meet a hardship criterion in 1 through 4. Hardships may extend eligibility for TANF assistance to 36 months. Verification of a hardship (1 – 4) is required when reopening a case after the 24-month time limit has been reached. Hardships may extend eligibility for TANF assistance to 36 months. If at any time an open TANF household loses hardships 1 through 4, they may be eligible for hardship number 5.

2243.1 Non-Cooperation with Work Programs When in Hardship Status - For individuals who meet hardship status 1 - 5, are mandatory work program participants, and the recipient is not cooperating with Work Programs, the following applies:

TANF eligibility for the entire TANF family will cease, giving timely and adequate notice, when a non-exempt adult recipient is no longer cooperating with Work Programs and does not meet good cause. If the family is over twenty-four months and failed to comply with TANF work related requirements, the current hardship will be ended and the TANF case will close for exceeding the lifetime limit. No penalty will be applied to the TANF case and no comparable penalty will apply to the individual on the food assistance case.

See also Section 3500 for work non-cooperation issues.

2243.2 Non-Cooperation with Child Support When in Hardship Status - For individuals in hardship status 1 - 5 who receive a penalty for failing to cooperate with child support enforcement, the following applies: TANF eligibility for the entire TANF family will cease, giving timely and adequate notice, when a non-exempt adult recipient is no longer cooperating with CSS and does not meet good cause. If the family is over twenty-four months and failed to comply with TANF work related requirements, the current hardship will be ended and the TANF case will close for exceeding the lifetime limit. No penalty will be applied to the TANF case and no comparable penalty will apply to the individual on the food assistance case. See also Section 3500 for work non-cooperation issues.