137.52 Diversion Eligibility Requirements

ELIGIBLE FOR TANF

The CAO must determine at application if the cash assistance applicant family is eligible for TANF and then also evaluate additional criteria for Diversion by using the Diversion Eligibility Desk Guide . If eligible for both programs, the CAO must explain the difference between the two cash programs using the Diversion and TANF Comparison Desk Guide . After considering the benefits offered by each cash program, the applicant determines whether Diversion or TANF best fits their needs. See Section 137.53 for screening process. TANF time limits are NOT a factor in determining eligibility for diversion.

Application: The applicant must complete the Common Application Form (PA 600). Every budget group member, age 18 or older, must sign the PA 600 and be requested to sign the Authorization for Release of Information (PA 4).

Eligibility in Month After Application Month: If a family is not eligible for Diversion in the month of application, the CAO will consider the following month. If the family is eligible for Diversion in the month following the application month then that month is considered the first month of the Diversion period.

N OTE: If the family qualifies for Diversion in the month of application, the NCE begin and end date is the application date. If the family is ineligible in the month of application but eligible for Diversion in the month following the application month , the NCE begin and end date is the first day of that month.

Financial/Non-Financial Requirements: An applicant family must meet—in either the application month or the following month—all TANF non-financial and income/resource requirements and all sanction/criminal history requirements.

Treatment of Income: When determining Diversion eligibility, the CAO uses TANF income eligibility criteria and counts both earned/unearned income. See Chapter 150 , Income . However, the CAO disregards family income to determine the Diversion payment amount, which is always a full FSA for one, two, or three months.

Sanction: The budget group and corresponding grant group is ineligible for Diversion if an Eligible Specified Relative parent is sanctioned (DS) . To receive Diversion, the sanctioned individual must meet all sanction requirements and re-establish ES status.

ES Parents/SSI Recipients:

One-parent household : A single parent must be an ES to receive Diversion. A single parent who is an SSI recipient is not an ES on the TANF budget and, therefore, is not eligible for Diversion. T wo-parent household : In a two-parent household with one parent who receives Supplemental Security Income (SSI), if the other parent is an ES, that parent can receive a Diversion payment for the TANF grant group.

NOTE: An SSI recipient is not part of the TANF grant group because an individual cannot receive both TANF and SSI benefits at the same time. The individual may choose which benefit to receive. See Section 105.1 .

Diversion Agreement Form: The applicant family who chooses Diversion will complete/sign a Diversion Agreement Form ( PA 1793 ) instead of an Agreement of Mutual Responsibility (AMR) (PA1661) . There are no work requirements associated with the receipt of Diversion.

No Overlapping Cash or Diversion Benefits: The CAO will not authorize Diversion to an applicant who received cash assistance any days in the Diversion application month or received a Diversion payment in the past 12 months (beginning with the NCE authorization date of the previous Diversion payment). For exceptions to authorizing cash assistance within a Diversion period, see Section 137.521 .

Child Support: There are no child support requirements associated with the receipt of Diversion.

Non-citizens: Refugees and Legal Permanent Residents (LPRs) who have met the five-year bar and meet the requirements for TANF may be eligible for Diversion.

NOTE: LPRs who have not met the five-year bar are not eligible for Diversion.

M ultiple Grant Groups: To be eligible for Diversion the TANF grant groups must include an ES adult member. TANF households with two or more grant groups may have one grant group eligible for Diversion while t he 2nd grant group, if child only, would not be eligible for Diversion and should be reviewed for on-going TANF.

EXAMPLE : TANF household consists of a parent, biological child , and nephew. Grant Group 1 – Parent and child, Eligible for TANF or Eligible for Diversion. Grant Group 2 – Nephew only, eligible for TANF not eligible for Diversion. Process the Diversion NCE for Grant Group 1 and pend the ongoing cash for Grant Group 2. Once Diversion is authorized, process the ongoing cash for Grant Group 2 and review for MA for Grant Group 1.

SHORT-TERM FINANCIAL NEED

Eliminating Need for Ongoing Cash Assistance: The intention of Diversion is to cover a family’s short-term financial gap and eliminate the need for ongoing TANF benefits. Diversion is not an annual stipend for a family’s anticipated, recurring needs.

V erifying Need: The CAO will verify the amount and duration of the need, up to a maximum three months. If verification exists in the case record, the CAO will not require more. Fi nancial needs include but are not limited to: Work expenses (such as uniforms and tools); transportation expenses (such as car repairs/inspections, car payments, car insurance premiums); child care costs; housing expenses (such as mortgage payments, rent, home repairs, or utilities); costs to relocate to secure employment.

N OTE: The CAO will not issue Diversion to cover court costs, fines, bail, restitution payments, and child support payments (either ongoing or arrearages).

Income Expected in Diversion Period: In general, when determining if Diversion can cover the family’s financial gap, the CAO should count income expected within the Diversion period only when the Diversion payment (combined with all available supplemental benefits) cannot cover the financial gap.

N OTE: The CAO has leeway to work case by case when considering income expected within a Diversion period -- but should be cautious when counting this income. For example, an expected tax refund may not arrive timely or in the amount needed to help cover the need. However, regular, dependable child support payments or income from an established part-time job can be a reliable source of income .

S SI Income: W hen determining TANF or Diversion eligibility, the CAO will not count SSI benefits. However, when determining if a Diversion payment will cover a family’s short-term needs, the CAO can count SSI benefits expected in a Diversion period if a Diversion payment cannot cover all the needs.

Other Benefits: The CAO should consider all available supplemental benefits to help a Diversion payment cover the financial gap.

NOTE: I f a combination of Diversion, anticipated income in the Diversion period, and supplemental benefits does not meet the family’s total short-term financial needs, the CAO cannot authorize Diversion. The CAO will consider other benefits, including ongoing TANF.

Income Expected After Diversion Period: The CAO will not require verification of recurring income the family expects to receive at the end of the Diversion period but the family should expect this income to arrive timely and in the amount to meet the family’s needs. In a two-parent household, only one ES parent needs to anticipate income. With a few exceptions , Diversion recipients are ineligible for cash assistance benefits until the end of the Diversion period. See exceptions in Section 137.521 .

N OTE: Although the CAO will not require verification of recurring income expected at the end of the Diversion period, a family’s voluntary verification of this income can help pinpoint the duration of the need. The CAO should consider explaining this advantage to applicants. Waiting for this verification should not delay the application process.

RECENT WORK HISTORY OR JOB SKILLS TRAINING

Specified Relative and Work History: The applicant budget group and corresponding grant group must contain an eligible Specified Relative (ES). Within 90 days of the application, the ES must have work history or job skills training. This time frame is within 180 days of application for geographical areas waived for time-limited Supplemental Nutrition Assistance Program (SNAP) benefit. See Appendix A in SNAP Handbook Chapter 536, Able-Bodied Adults Without Dependents, Appendix A .

NOTE: Income-in-kind counts as recent work history. For example, a family may live in a resort, receive no salary/wages, but take care of housekeeping and grounds in exchange for housing and meals.

Verification: C ertificates from trainings, pay stubs, and income tax returns indicate job skills training or work history.

Two-Parent Household: Only one ES parent must meet the work or job skills requirement.

SSI Recipients: An SSI adult recipient is an ES for SSI and not Diversion. An SSI child recipient is not included in the Diversion or TANF benefit amount.

Sanctions and Criminal History: A ll members of an applicant group must meet restrictions for sanctions and criminal history and must re-establish ES status before the budget group can receive Diversion. The sanctioned relative must fulfill the minimum sanction time period and comply with appropriate action required by the CAO.

N O OVERLAPPING CASH BENEFITS

To be eligible for a Diversion payment, an applicant budget group member cannot already have received cash assistance in any days during the Diversion authorization month – or have received a previous Diversion payment within the previous 12 months. The NCE authorization date of the Diversion payment is the begin date of the 12-month period, regardless of program status code or amount of Diversion. See exceptions below in Section 137.521 .

T he CAO can authorize an Emergency Shelter Allowance (ESA) to an individual/family who already received a Diversion payment to resolve a housing crisis within the 12-month period prior to the request for the ESA.

NOTE: The CAO can authorize Diversion for an applicant family who received Diversion in another state within the past 12 months.