TANF
The following are not included in the TANF-certified group:
Payee A payee is a relative who meets relationship requirements and lives with, supervises, and cares for an eligible child. The payee is authorized to receive the TANF benefits for an eligible child but is not a member of the certified group because the person is a: legal parent who would be a caretaker but is ineligible due to receipt of SSI; or relative other than the legal parent who qualifies as a caretaker except the person: chooses not to be included as caretaker; receives SSI, Foster Care with Cash or Adoption Assistance with Cash payments; is disqualified for an intentional program violation (IPV) ; or fails to comply with a program requirement that would disqualify a legal parent (see No. 4, Disqualified Members, below). Note: A payee who chooses not to be included as a caretaker on one EDG may be a caretaker on another TANF EDG for other related children.
Protective Payee A protective payee must be selected to receive and manage the TANF benefit if the caretaker is not using the TANF payments for the children's benefit. The protective payee must be someone who can help the person spend the household's TANF benefits properly. The person receiving TANF must agree to the person designated as the protective payee unless: the Texas Department of Family and Protective Services (DFPS) designates a protective payee; or staff designate a grandparent, aunt, uncle, brother or sister who is 25 or older to be the protective payee because the parent is not using the TANF payments for the child's benefit. Great-grandparents, great-aunts, and great-uncles may be designated as protective payees. Follow TANF relationship requirements. The protective payee is automatically the authorized representative (AR) . The protective payee cannot be a: Texas Health and Human Services Commission (HHSC) employee; person who provides HHSC services to the family; or a relative who is younger than 25 when a relative protective payee is designated by HHSC. A child’s cousin, niece or nephew. The protective payee situation must be re-evaluated at each complete redetermination. For EDGs with a: DFPS-requested protective payee. DFPS must be contacted at each complete redetermination to determine whether the protective payee should continue; and grandparent, aunt, uncle, brother or sister designated by HHSC as protective payee. Investigate any alleged report of the relative not using TANF for the child's benefit. Note: When designating or continuing a protective payee, notify the recipient and allow an opportunity to appeal.
Representative Payee A representative payee is designated if a person is unable to receive and manage the household's TANF or Medicaid benefits because of incapacity or incompetence. The representative payee must be knowledgeable about the family members and interested in the family’s welfare. The person must designate this representative in writing if physically or mentally capable of doing so. A representative payee is automatically the AR. The representative payee may be the AR who assisted in the eligibility process.
Disqualified Members A legal parent is disqualified from the certified group if the person: does not meet citizenship requirements; refuses to comply with Medicaid third-party resource (TPR) requirements; does not comply with Social Security number requirements; is found guilty of an IPV; fails to timely report the temporary absence of a certified child; is a fugitive fleeing to avoid prosecution of or confinement for a felony criminal conviction, or found by a court to be violating federal or state probation or parole; is convicted of a felony drug offense (not deferred adjudication) for the possession, use or distribution of a controlled substance as defined in 102(6) of the Controlled Substances Act [U.S. Code (USC) 802(6)] that was committed on or after April 1, 2002, in Texas or another state; has received benefits for the total months allowed by the state time limit; is a minor parent who fails to comply with the unmarried minor parent domicile requirement; or is denied for refusal to cooperate with the program integrity assessment (quality control) process. Note: A legal parent is permanently disqualified for a felony drug conviction (not deferred adjudication) for an offense committed on or after April 1, 2002. A child is disqualified from the certified group if the child: is a fugitive; fails to comply with Social Security number requirements; is a minor parent and fails to report the temporary absence of their child; or is convicted of a felony drug offense that was committed on or after April 1, 2002. If the disqualified member wishes to apply for Medicaid, determine which medical program applies to the disqualified household member. If all eligibility requirements are met, certify the person for the appropriate medical program. When the criminal history report in the Data Broker system indicates the person has been convicted of an offense involving a controlled substance, discuss the situation with the person. If the person claims they are not the person on the criminal history report but the identifying information on the report (name, date of birth, physical description) leads staff to believe the report is correct, or the person disagrees with other information provided in the report, for example, the type of conviction or whether it was a felony or misdemeanor: document the person's response in Case Comments; proceed with the appropriate EDG action without acting on the criminal history report; contact the Office of Inspector General (OIG) Benefits Program Integrity (BPI) Department by emailing the OIG BPI mailbox ; and document the reason for contacting OIG BPI in Case Comments. Once OIG BPI obtains information to clear the discrepancy, the assigned OIG BPI investigator provides the information via email. Staff responsible for clearing the task must document the results of the OIG BPI's findings in Case Comments. If applicable, enter information in the Data Collection-Individual Demographic-Conviction/Rehabilitation page and make an overpayment referral if appropriate.
SSI Recipients A TANF family member is removed from the certified group when the person is certified for SSI . The Social Security Administration (SSA) notifies HHSC by an interface when a TANF recipient is determined eligible for SSI.
Residents in State Supported Living Centers for Individuals with Intellectual Disabilities If a TANF recipient enters a state supported living center for persons with intellectual disabilities, the person’s needs are removed from the TANF grant. If the recipient is the caretaker or payee, the grant continues for the remaining eligible children in another eligible person's name.
Strikers A household's application or ongoing benefits are denied for any month where a certified or disqualified legal parent is participating in a strike.
Foster Care with Cash Payment, Adoption Assistance with Cash Payment, and Permanency Care Assistance (PCA) with Cash Payment recipients. A person receiving these cash benefits is not included in the TANF EDG. Note: A person may potentially receive DFPS foster care through their 22nd birthday month. Adoption assistance and PCA are only received through the 18th birthday month unless the family signs an agreement after the youth turns 16. When this occurs, the youth may receive adoption assistance or PCA through their 22nd birthday month.
Ineligible Children A child who is ineligible, such as an ineligible alien child or a child who is not within the required degree of relationship to the adult caretaker or payee, is not included.