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801.5 TANF MANUAL 7/20 Page 2

801.5 ELIGIBILITY FACTORS

Only applicants may be approved for diversionary assistance. Current recipients of TANF are not eligible. Additionally, a recipient who chose to receive TANF at the time of application may not close her TANF case after approval and become eligible for diversionary assistance based on her circumstances at the time the TANF application was approved. Example: client applies for TANF on March 15 due to her spouse's incarceration (his wages were the only income for the household). She chooses to receive TANF assistance and is approved for March. On April 18, client requests her TANF case be closed. On May 1, client reapplies for assistance and requests diversionary assistance based on the loss of income when her husband became incarcerated in March. The client is not eligible for assistance.

Receipt of diversionary assistance will not count toward either the 24 or 60-month limit on the receipt of TANF. However, an assistance unit that is in a period of ineligibility for TANF due to either the 24 or 60-month limit on the receipt of TANF will also be ineligible for diversionary assistance. The applicant must verify all of the following factors and the worker must document the case record accordingly before an assistance unit can receive diversionary assistance:

A. The assistance unit is eligible to receive TANF. A child is eligible for TANF by meeting the TANF requirements in Section 20l.1..A (categorical requirements of age, relationship/living arrangements, residency, citizenship/alien status, and financial need).

The following conditions of eligibility in 20l.l .B (complying with the school attendance requirement, signing the VIEW APR or participating in VIEW, cooperating with DCSE) do not have to be met to be eligible for diversionary assistance, but citizenship or alien status of each applicant or other adult who will be included in the assistance unit for diversionary assistance must be verified prior to case approval. (Note: The legal presence provision that allows up to 90 days for an applicant age 19 and over to verify his status (201.7.0) does not apply to diversionary assistance.)

The caretaker shall be eligible for TANF unless one of the exceptions specified in 302.7. D or E is applicable. The caretaker does not have to meet the conditions of eligibility (including VIEW participation and cooperation with DCSE). However, if the caretaker has been referred for or is in a VIEW sanction or if the TANF case was previously closed due to DCSE noncooperation and the caretaker is not in good standing with DCSE at the time of the diversionary assistance application, the entire assistance unit is ineligible for diversionary assistance. The client cannot "cure" the sanction, or begin to cooperate with DCSE, in order to become eligible for diversionary assistance. Note: Case closure due to failure to sign the Agreement of Personal Responsibility (APR) is not a VIEW sanction. Therefore, a diversionary assistance case may be approved after a TANF case was closed for failure to sign the APR.

The Do You Have a Disability? form (032-03-0670) must be completed for a diversionary assistance application. The Notice of Personal Responsibility for the TANF Program (032-03- 0750), the Notice of Cooperation and Good Cause (032-03-0036), and the Notice of Intentional Program Violations and Penalties (032-03- 0646) forms are not required for a diversionary assistance application.

B. The assistance unit meets TANF income limits based on diversionary assistance guidelines for the treatment of terminated and anticipated income at 801.6;

TANF Transmittal 68