137.521 Exceptions: When to Authroize Cash in Diversion Period

I f the family’s situation falls under one of the three exceptions below -- and the Bureau of Policy (BOP), Division of Family Assistance (DFA) approves the exception – the CAO may authorize cash assistance within a Diversion Period.

When making an exception, the CAO must write a detailed case-record narrative explaining the reason for the exception; file a Diversion overpayment for full calendar months with Reason Code 59; and use the ARRC screen, "ARRC Diversion Action" , to enter a Diversion overpayment. See ARRC Data Entry Procedures in Using ARRC .

The CAO will explain to the Diversion recipient that when TANF cash assistance is authorized overlapping the Diversion period, an overpayment is required. This means the recipient must repay all or a portion of the Diversion benefit to the Department through a decrease of the ongoing monthly cash assistance benefit by up to five percent, as indicated on the AMR (PA 1661). If the individual agrees with these terms, the CAO must contact (BOP) to request an exception.

NOTE: Spending Diversion funds at will, for any purpose, is not a valid reason to make an exception.

EXAMPLE: A parent and two toddlers receive a Diversion payment to cover three months of needs until the parent's job begins. During the second month of the Diversion period, the parent applies for TANF because they spent the Diversion funds on vacation and decided not to start the new job. This is not a valid exception. The CAO will not authorize TANF during the Diversion period.

EXCEPTION 1: DOMESTIC VIOLENCE ISSUES

A domestic violence (DV) issue, under the Family Violence Option according to normal DV regulations, is an exception. See Chapter 108, Family Violence Policy and Procedures; Section 108.6 ; Section 108.75 . Rather than directly referring to DV issues on the AMR, the CAO should handwrite “family or household issues” or “referred for supportive services.” The CAO will inform the family of the overpayment and contact BOP for approval to authorize ongoing TANF. This exception may require verification, as per BOP .

EXAMPLE: A parent and three children receive a Diversion payment to cover August and September needs until the parent's job starts in October. In mid-August, the parent’s ex-spouse batters them and threatens the children. The parent temporarily moves their family to a friend’s house, spends Diversion funds on emergency needs, and applies for cash assistance. The CAO contacts BOP for approval of the exception.

EXCEPTION 2: CHILD WELFARE SERVICE AGENCY ISSUES

Ongoing TANF may help prevent a child welfare agency from removing a child from the home or speed the return of a child. If so, the CAO can consider this situation as an exception, upon receiving approval from (BOP) . This exception requires verification.

EXAMPLE: The CAO authorizes a Diversion payment to cover April, May, and June needs for a parent and family until the parent graduates from secretarial school and starts work in June. In early April, the child welfare agency informs the parent their infant can be returned home from foster care when the parent completes an infant-care class and verifies a recurring income. The parent applies for cash benefits and provides a child welfare agency statement for verification. The CAO contacts BOP for approval of the exception.

EXCEPTION 3: UNFORESEEN CIRCUMSTANCES

When it appears that an unexpected circumstance qualifies as an exception, the CAO should forward details to (BOP) for review and approval. This exception may require verification, as per (BOP).

Expected Job Falling Through : When the beginning of employment expected at the end of the Diversion Period does not materialize, the CAO can consider this as an exception. This exception likely will require verification before the CAO contacts BOP for approval.

EXAMPLE: A parent and family receive a Diversion payment to cover January and February needs until the parent's job starts on a construction crew. Two weeks later, the employer tells the parent the company will relocate to Nevada. The parent applies for cash benefits and provides an employer statement to verify the job loss. The CAO contacts BOP for approval of the exception.

Natural Disaster or Serious Crisis : Exceptions may include floods; tornados; earthquakes; fires; infestations; a budget group member’s serious illness or injury; utility shut offs; evictions or eviction notices; other emergencies threatening life or health and resulting in loss of an essential need. This exception may require verification, as per (BOP) . Examples of verification include news clippings; social service agencies such as Salvation Army or the Red Cross; third party contacts, such as landlords.

EXAMPLE: The CAO authorizes Diversion to meet September and October needs for a parent and family until the parent’s November job start. In mid-October, a fire severely damages their apartment. Re-locating to a motel, the family spend Diversion funds on immediate needs, apply for TANF, and provide a landlord statement for verification. The CAO contacts BOP for approval of the exception.