TN Code § 71-3-105 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 3 - Programs and Services for Children|Part 1 - Temporary Assistance|§ 71-3-105. Rules and Regulations — Deductions — Reports to Governor and General Assembly — Miscellaneous Provisions

  In determining eligibility under § 71-3-104 for, and amounts of, grants under the temporary assistance program, the department of human services shall adopt rules and regulations establishing a standard of need that reflects the true cost of the following, less any discounts for other sources of assistance provided for in subsection (b):  Safe, healthful housing;   Minimum clothing for health and decency;   A low cost adequate food budget as recommended by the United States department of agriculture's thrifty food plan (7 U.S.C. § 2012(u));   An allowance for essential medical care; and   Other necessary items including, but not limited to, transportation, personal care and educational expenses.     The department shall deduct from the costs determined in subsection (a) the value of the following:  Housing assistance programs;   Food coupons or food stamps or food assistance under chapter 5, part 3 of this title; and   TennCare or medicaid.     The commissioner shall report to the governor and the general assembly no later than October 1 of each year regarding projected annual adjustments to the standard of need necessitated by changes in the costs and benefits described in subsections (a) and (b). The report of the commissioner shall also contain:  An estimate of the percentage of the adjusted standard of need that could be paid if the appropriation for the next fiscal year were to remain constant;   An estimate of the cost of paying the same percentage of the standard of need considering necessary adjustments in such standard of need;   The recommendation of the commissioner as to the percentage of the adjusted standard of need that should be paid in the next fiscal year and the cost of that adjusted standard of need; and   Any other relevant information that would be helpful to the governor and the general assembly in making decisions concerning the temporary assistance program.     Any amount of earned income in an aid-to-the-blind case, as provided in § 71-4-105, and any other income required by federal statutes to be exempt in determining need, shall be exempt and shall not be considered as a resource in determining the amount of assistance to be paid to any person under this part.   The standard of need for each fiscal year shall be established by rule on July 1 of each year in accordance with subsections (a) and (b).    The department of human services shall conduct a temporary assistance client characteristics study at least once every three (3) years. The study shall be conducted either by contract or within the department and shall be completed prior to any review, required by federal regulation, of the temporary assistance standard of need and temporary assistance grant payments.    Notwithstanding subdivision (f)(2)(B), the maximum grants for the temporary assistance program, expressed as a percentage of the standard of need, may be raised if approved as a line item in the annual appropriations act. An increase in the maximum grants for the temporary assistance program shall not be approved by rules.   The maximum standard grant for the temporary assistance program shall be determined as follows:   For an assistance group size of one (1) person, the maximum standard grant shall be twenty-two percent (22%) of the fiscal year 2018-2019 standard of need for an assistance group size of one (1) person; and   For each additional member added to an assistance group, an additional two percent (2%) shall be added to twenty-two percent (22%), and the maximum standard grant for each respective assistance group size shall be the resulting percentage of the fiscal year 2018-2019 standard of need for that assistance group size.     The department is authorized to promulgate rules to effectuate this subsection (f) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.       In determining eligibility under § 71-3-104, the department shall adopt rules that use the standard of need less any exemption provided by subsection (d) to determine eligibility for amounts of grants. Such rules shall be adopted in a manner in which the maximum amount of child support and other income may be provided to the family and children without loss of grant and medicaid benefits.