reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-30 - Limitation on benefits to pregnant women

Current through Supplement No. 393, July, 2024
A pregnant woman, not made ineligible by any other provision
				  of this chapter, who is caretaker relative to no child, may receive temporary
				  assistance for needy families based upon the standard of need for one adult,
				  without consideration of any additional pregnancy-related needs, medical
				  verification of the pregnancy, and the approximate date on which the pregnant
				  woman is expected to deliver must be provided.
General Authority:
NDCC 50-09-02,
					 50-09-25
Law Implemented:
NDCC 50-09-02,
					 50-09-29
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-30.1

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-31 - Age of parent - Effect on eligibility

Current through Supplement No. 393, July, 2024
1. For purposes of this section:
a. "Adult caretaker" means a caretaker who is
				not a minor caretaker.
b. "Minor
				caretaker" means an individual, under the age of eighteen years, who has never
				been married and who:
(1) Is the parent of a
				dependent child living in the same household; or
(2) Is eligible as a pregnant woman who is a
				caretaker relative to no child.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-32 - Value of benefit

Current through Supplement No. 393, July, 2024
1. The reasonable value of the physical and
				custodial care or support that has been furnished to the child or children of a
				noncustodial parent by the program is, for each month such child or children
				are eligible, the amount of the assistance received multiplied by the number of
				children of the noncustodial parent in the household and divided by the total
				number of children in the household.
2. If a stepparent is eligible to receive
				assistance, the reasonable value of the physical and custodial care or support
				which has been furnished to the child or children of a noncustodial parent by
				the program is, for each month such child or children are eligible, the amount
				of assistance received multiplied by the number of children of the noncustodial
				parent in the household and divided by one plus the total number of children in
				the household.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-33 - Assignment of right to support

Current through Supplement No. 393, July, 2024
1. The
				child support agency must be notified of any child, except a child in receipt
				of supplemental security income, who is a member of the household and whose
				eligibility for assistance is based on the continued absence of the child's
				parent from the home.
2. The
				applicant and, upon request, any member of the household for whom temporary
				assistance for needy families is requested, as a condition of eligibility
				shall:
a. Execute all necessary documents to
				protect the right of any member of the household, and the agency, to child
				support from the absent parent of such member; and
b. Cooperate in obtaining support and in
				establishing paternity of any child in the household with respect to whom
				paternity has not been established.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-34 - Good cause for failure or refusal to cooperate in obtaining support or establishing paternity

Current through Supplement No. 393, July, 2024
1. The county agency for good cause, may
				waive the requirement that an individual cooperate in obtaining support and
				establishing paternity if it determines that cooperation is against the best
				interests of the child. A county agency may determine that required cooperation
				is against the best interests of the child only if:
a. The individual's cooperation in
				establishing paternity or securing child support is reasonably anticipated to
				result in:
(1) Physical harm to the child for
				whom support is to be sought;
(2)
				Emotional harm to the child for whom support is to be sought;
(3) Physical harm to the parent or caretaker
				relative with whom the child is living which reduces that individual's capacity
				to care for the child adequately; or
(4) Emotional harm to the parent or caretaker
				relative with whom the child is living, of such nature or degree that it
				reduces that individual's capacity to care for the child adequately;
				or
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-35 - Combined requirements

Current through Supplement No. 393, July, 2024
1. The department shall establish combined
				requirements for the temporary assistance for needy families standards of need
				that represent amounts of income, by household size and living arrangement,
				necessary for a standard of living compatible with decency and
				health.
2. The six basic items of
				need considered in the temporary assistance for needy families cash grant are:
a. Shelter;
b. Food;
c. Clothing;
d. Personal needs such as combs,
				toothbrushes, toothpaste, razor blades, sanitary supplies, and
				haircuts;
e. Household supplies
				such as cooking utensils, laundry detergent, bedding, and towels; and
f. Fuel and utilities.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-35.1 - Time limit on certain benefits - Exceptions

Current through Supplement No. 393, July, 2024
Except as otherwise provided in this section, no household
				  may be provided assistance if that household includes an adult who has received
				  assistance under a temporary assistance for needy families program provided by
				  any state or Indian tribe for sixty months, whether or not consecutive, after
				  the date that program commenced.
1. In
				determining the number of months an adult received temporary assistance for
				needy families, the department shall disregard any month in which:
a. The adult was a minor child and not, at
				the same time, a head of household or married to a head of household;
				or
b. No adult member of the
				household was included in the benefit for the federal lifetime count under
				title 45, Code of Federal Regulations, part 264.1.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-37 - Determining membership of the household

Current through Supplement No. 393, July, 2024
1.
				The household must include at least one eligible child unless:
a. The only child receives supplemental
				security income benefits; or
b. The
				household includes a pregnant woman.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-40 - Combined supplemental security income and temporary assistance for needy families households

Current through Supplement No. 393, July, 2024
1. With respect to the same month, no
				individual may receive assistance through both the supplemental security income
				program and the temporary assistance for needy families program.
2. An individual who is receiving
				supplemental security income benefits may be a member of a household as an
				ineligible caretaker relative for a child in the household.
3. Assets or income owned solely or jointly
				by the recipient of supplemental security income benefits, including that
				portion of income disregarded in determining eligibility for supplemental
				security income benefits, may not be considered available to the members of the
				household.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-41 - Recipients living out of state

Current through Supplement No. 393, July, 2024
An individual who receives assistance is free to travel
				  without a loss of eligibility so long as the individual remains a resident of
				  the state. An individual remains a resident of the state when absent from the
				  state for brief periods provided the individual returns to the state by the
				  last day of the month following the month the individual left. An individual
				  temporarily living out of state who remains a resident of North Dakota is
				  subject to the same standards and procedures for eligibility determinations and
				  budgeting as a similarly situated individual present in the
				  state.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-42 - Grant amount in whole dollars

Current through Supplement No. 393, July, 2024
Benefits are granted in whole dollar amounts. In calculating
				  benefit amounts, numbers are rounded down to the nearest whole
				  dollar.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-43 - Benefits less than ten dollars

Current through Supplement No. 393, July, 2024
No benefit payment may be issued if the calculated benefit is
				  less than ten dollars, but the household must be treated for all other purposes
				  of this chapter, including the application of the retrospective budgeting
				  cycle, as a household to which the department makes a benefit
				  payment.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-44 - Income described

Current through Supplement No. 393, July, 2024
1. All income that
				is actually available must be considered. Income is actually available when it
				is at the disposal of an applicant or recipient; when the applicant or
				recipient has a legal interest in a liquidated sum and has the legal ability to
				make the sum available for support or maintenance; or when the applicant or
				recipient has the lawful power to make the income available or to cause the
				income to be made available. In specific circumstances, income available to
				individuals other than the applicant or recipient is deemed available. This
				subsection does not supersede other provisions of this chapter which describe
				or require specific treatment of income, or which describe specific
				circumstances that require a particular treatment of income.
2. Income may be earned, unearned, or deemed.
				It may be received regularly, irregularly, or in lump sums. Income may be
				counted or excluded. It may be disregarded for some purposes, but not for
				others. Other sections of this chapter explain those treatments.
3. Each household member must accept any
				earned rights benefits to which entitled. Each household member must provide
				verification as to whether the household member is qualified for earned rights
				benefits; and, if qualified, must make application for those benefits and
				secure those benefits if qualified.
4. Earned income includes:
a. Wages, salaries, commissions, bonuses, or
				profits received as a result of holding a job or being self-employed;
b. Earnings from on-the-job training
				including the Workforce Innovation and Opportunity Act;
c. Wages received as the result of
				participation in a program under the Older Americans Act;
d. Wages received from sheltered workshop
				employment;
e. Sick leave pay or
				loss-of-time private insurance paid for the loss of employment due to illness
				or injury;
f. Compensation for jury
				duty;
g. Tips;
h. Income from boarders;
i. Income from room rentals;
j. Income from participation in job corps;
				and
k. Income from internship or
				stipends.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-45 - Excluded income

Current through Supplement No. 393, July, 2024
1. The following income must be excluded in
				determining eligibility for assistance:
a.
				All earned income of any child, except a minor parent, attending elementary or
				high school full time;
b. A loan
				from any source that is subject to a written agreement requiring repayment by
				the recipient;
c. The value of
				general assistance benefits provided in voucher form by any county agency,
				tribe, or the bureau of Indian affairs;
d. Assistance payments from other programs,
				agencies, or organizations that:
(1) Do not
				serve the same purposes as the temporary assistance for needy families cash
				grant; or
(2) Provide goods or
				services that are not included in the standard of need;
e. Scholarships, grants, stipends, and awards
				for educational purposes, which are given because of need or achievement by the
				bureau of Indian affairs, other federal sources, state sources, civic,
				fraternal, and alumni organizations, or relatives, to undergraduate-level and
				graduate-level students;
f.
				Workstudy program income earned by an undergraduate-level or graduate-level
				student;
g. Family subsidy program
				payments made by the department;
h.
				Returned deposits from rentals and from utility companies;
i. Adoption assistance and subsidized
				adoption payments;
j. Foster care
				payments, subsidized guardianship payments, and payments received as a retainer
				for services as an emergency shelter foster home; and
k. Irregular cash gifts, which total, in any
				month, less than five hundred dollars per household received for a special
				occasion, such as Christmas, birthdays, or graduations.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-47 - Budgeting process

Current through Supplement No. 393, July, 2024
1. Budgeting is the process by which a
				household's need is determined. Through the process available, income is
				matched against the standard of need.
2. If nonexcluded income equals or exceeds
				the standard of need, the household is not needy, and the household is
				ineligible for assistance.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-48 - Net income test

Current through Supplement No. 393, July, 2024
The applicant or applicant household is subject to a net
				  income test. The net income test compares the standard of need, personal needs
				  allowance for out-of-home eligible individuals, and special items of need to
				  the adjusted net income. If the adjusted net income is less than the standard
				  of need, personal needs allowance, and special items of need, the household
				  passes the net income test and the cash grant amount is
				  calculated.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-49 - Income considerations

Current through Supplement No. 393, July, 2024
1. All income must be considered in
				establishing eligibility and in determining the cash grant amount.
2. Income must be reasonably evaluated. A
				determination that income is deemed available is a determination that the
				income is actually available.
3.
				Income from wages, or any other source, must be considered received in the
				month in which it was actually received or considered to be available. Wages
				held at the request of an employee must be considered income in the month in
				which the wages would otherwise have been paid by the employer.
4. A member of a household who receives
				regular income, other than on a monthly basis, may occasionally receive an
				extra check which causes the unit to become ineligible in the month of receipt.
				If the receipt of additional income is anticipated to result in ineligibility
				for only one month, the case may be suspended, rather than closed.
a. If the additional income is received in
				the month of application, the first month of prospective budgeting, the
				application must be denied.
b. If
				the additional income is received in the month after the month of application,
				the second month of prospective budgeting, the case must be prospectively
				suspended, and all income, except income derived from the last check received
				in that month, from the source of regular income, must be retrospectively
				budgeted.
c. If the additional
				income is received in any month except the month of application or the month
				after the month of application, all income must be retrospectively
				budgeted.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-50 - Earned income considerations

Current through Supplement No. 393, July, 2024
1. Earned income must be verified and
				documented in the case record. Earned income may be received from a variety of
				sources.
2. Net earned income is
				determined by adding monthly net income from self-employment to other monthly
				earned income and subtracting the applicable deductions and
				disregards.
3. Except as provided
				in subsection 4, monthly self-employment income is determined as follows:
a. Monthly self-employment income is
				one-twelfth of the business or farm income calculated from the net profit of an
				individual's income tax forms and schedules, plus gains or minus losses related
				to self-employment business that are expected to continue during the current
				year, minus any type of income that must be considered unearned income, and
				minus expenses with the exception of depreciation and depletion.
b. For a business that has been operating for
				less than a full tax year, monthly self-employment income is the gross income
				from the individual's income tax forms and schedules, plus gains or minus
				losses related to the self-employment business that are expected to continue
				during the current year, minus any type of income that must be considered
				unearned income and minus expenses, with the exception of depreciation and
				depletion, divided by the number of months the business has been in
				operation.
c. In the case of a
				business that furnishes room and board, monthly gross receipts less one hundred
				dollars per room and board client.
d. If the most recent available federal
				income tax return does not accurately predict income because the business has
				been recently established, because the business has been terminated or subject
				to severe reversal, because the applicant or recipient makes a convincing
				showing that actual net income is substantially less than the amount
				determined, because the individual has not filed an income tax return, or
				because the county agency determines for any reason that actual net profits are
				substantially greater than the amount determined based on the most recent
				available federal income tax return, an amount determined by the county agency
				to represent the best estimate of monthly net income from self-employment must
				be used. If the most recent available federal income tax return is not used or
				if the individual did not file a federal income tax return, the self-employed
				individual shall provide the best information available on income and expenses.
				Income and expense statements, when available, must be used as a basis for
				computation.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-52 - Voluntary quit or refusal of employment

Current through Supplement No. 393, July, 2024
No household member, except a dependent child, may refuse a
				  bona fide offer of employment or training for employment, or terminate
				  employment, without good cause, within thirty days before the date of
				  application.
1. If an offer of
				employment or training was made through job service North Dakota, job service
				North Dakota shall determine if a bona fide offer was made and if there was
				good cause for refusing it.
2. If
				an offer of employment or training was made other than through job service
				North Dakota, the county agency shall determine if a bona fide offer was made
				and if there was good cause for refusing it, considering the following factors:
a. Whether there was a definite offer of
				employment at wages meeting any applicable minimum wage requirements and that
				are customary for such work in the community;
b. Whether there were any questions as to the
				physical or mental ability of the household member to engage in the offered
				employment or training for employment;
c. Whether there were any questions of the
				working conditions such as risks to health, safety, or lack of workers'
				compensation protection;
d. Whether
				the household member had a way to get to or from the particular job, including
				evidence the household member reasonably attempted to arrange for
				transportation;
e. Whether, as a
				condition of being employed, the household member would be required to join a
				company union, or to resign or refrain from any bona fide labor organization,
				or would be denied the right to retain membership in and observe the lawful
				rules of any such organization;
f.
				Whether the position offered is vacant directly due to a strike, lockout, or
				other labor dispute;
g. Whether the
				work is at an unreasonable distance from the household member's residence,
				provided one-way traveltime of one hour or less may not be treated as an
				unreasonable distance;
h. Whether
				gross wages are less than the allowable employment expense and child care or
				adult dependent care;
i. Whether an
				individual's substantially continuous presence in the household is necessary to
				care for another individual in the household to whom the individual owes a
				legal duty to provide care, who has a condition, verified by reliable medical
				evidence, which does not permit self-care or care by another household member;
				and
j. Whether the individual is a
				victim of domestic violence.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-53 - Deduction for dependent care

Current through Supplement No. 393, July, 2024
1. A deduction for a member of a household
				who is an employed caretaker relative may be made for the cost of necessary
				care of a child or incapacitated adult who is a member of the household, living
				in the home, and receiving assistance.
2. The deduction may not be made for the cost
				of dependent care provided by the caretaker relative's child or stepchild who
				is under twenty-one years of age, unless:
a.
				The provider of dependent care does not live in the home occupied by the
				household;
b. The provider of
				dependent care is at least eighteen years of age;
c. The provider of dependent care was not
				claimed as a dependent on the most recent federal income tax return filed by
				the caretaker relative;
d. A bona
				fide relationship of employer and employee exists between the caretaker
				relative and the provider of dependent care; and
e. The provider of dependent care is not a
				member of the caretaker relative's household.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-54 - Unearned income considerations

Current through Supplement No. 393, July, 2024
1. Unearned income must be verified and
				documented in the case record.
2.
				All unearned income must be treated as available in the month in which the
				income is received unless the income is disregarded. Unearned income must be
				applied to determine eligibility for, and the amount of, the household's
				monthly cash grant.
3. All
				nonexempt unearned income must be considered available in the month in which it
				is received. Unearned income is usually received at fixed intervals and at
				regularly scheduled dates. State or federal assistance payments such as
				supplemental security income or social security received on a recurring basis
				must be treated as received once per month, even if mailing cycles may cause
				two payments to be received in one month and none received in another
				month.
4. Unearned income received
				annually or received in regular annual totals, but in irregular intervals, must
				be considered available, in each month, in an amount equal to one-twelfth of
				the annual total. The twelve-month period may be a calendar year or other
				twelve-month fiscal period appropriate to the nature of the payment. Sources of
				income appropriate for this treatment include:
a. Nonexcluded lease payment income deposited
				in and disbursed through individual Indian moneys accounts maintained by
				individual Indians by the bureau of Indian affairs as proceeds from the lease
				of lands held by the federal government in trust for the Indian;
b. Lease payments made to persons for the use
				of lands occupied or owned by those persons unless the lease specifically
				provides for monthly payments or unless the lease is for a total term of less
				than one year; and
c. Mineral lease
				payments, however denominated, except initial leasing bonus payments.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-55 - Reinstatement following suspension or case closing

Current through Supplement No. 393, July, 2024
1. If assistance is
				reinstated after a suspension of one month, all factors of eligibility must be
				considered to determine eligibility. If eligibility exists, the amount of
				assistance is determined based on two-month retrospective budgeting.
2. If the household is for any reason
				ineligible in the month following the month of a suspension, the case must be
				closed.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-56 - Computing payment for first and second months of eligibility

Current through Supplement No. 393, July, 2024
If an applicant household has not received assistance in the
				  preceding calendar month:
1.
				Assistance for the household must be prorated based on the date of request or
				the date of eligibility, whichever is later; and
2. The county agency shall compute the amount
				of the cash grant for the household for the initial month of eligibility and
				the month following using prospective budgeting. The county agency shall
				otherwise compute the amount of assistance provided to the household using
				retrospective budgeting.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-57 - Computing payment for months following the second month of eligibility

Current through Supplement No. 393, July, 2024
The county agency shall compute assistance for months
				  following the second month of eligibility through two-month retrospective
				  budgeting.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-58 - Computing payment if individuals are added to the household

Current through Supplement No. 393, July, 2024
1. If the
				individual being added to a household did not receive assistance in the
				previous month, assistance for the added individual is based on the pro rata
				portion of the additional monthly cash grant amount equal to the percentage of
				the month remaining after:
a. The date of
				birth of a newborn, provided that the request for the newborn is made within
				ten days of the date of birth and the newborn's social security number or
				application for social security number and verification of birth are furnished
				within thirty days of the request; and
b. In all other cases, the later of the date
				of the request or the date the individual becomes eligible.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-59 - Computing payments if individuals leave the household

Current through Supplement No. 393, July, 2024
1. If an individual
				who was a household member leaves the household during a benefit month, the
				individual is included in the household during that month.
2. The county agency shall determine
				eligibility for the remaining members of the household, in the month following
				the month in which the former household member left, through retrospective
				budgeting.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-60 - Computing payment if stepparent income is deemed

Current through Supplement No. 393, July, 2024
1. The amount of a
				household's cash grant must be reduced by the deemed income of a stepparent who
				lives in the home, but who is not a member of the household.
2. To encourage marriage among single-parent
				families and assist those families when the primary individual in a household
				marries, the income of the stepparent must be disregarded in determining the
				cash grant for the first six months, effective the month of the marriage. This
				subsection applies to recipients only, but not to applicants. No six-month
				disregard of stepparent income is allowed in situations when a primary
				individual marries before receiving benefits.
General Authority:
NDCC 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-61 - Computing benefits when an individual's needs are deleted from the cash grant

Current through Supplement No. 393, July, 2024
If an individual is subject to sanction, that individual's
				  needs are removed from the cash grant and that individual's income and assets
				  must be considered in determining the eligibility and needs of the remaining
				  members of the household.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-62 - Computing payment for a child in boarding school

Current through Supplement No. 393, July, 2024
1. If a child
				leaves the residence occupied by the household to attend boarding school, the
				child is treated as having left on the first day of the month following the
				month in which the child actually left.
2. If a child returns from boarding school to
				the residence occupied by the household for reasons other than home visits, and
				the caretaker relative notifies the county agency of the return or anticipated
				return by the fifth day of the month of actual return, the child is treated as
				having returned on the first day of the month of actual return, but is
				otherwise treated as having returned on the first day of the month following
				the month of actual return.
3.
				Payment for any month in which a child who is a member of the household is in
				boarding school, or is treated as in boarding school, is, with respect to that
				child, limited to an allowance for clothing and personal needs.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-63 - Budgeting in unusual circumstances

Current through Supplement No. 393, July, 2024
1. Except as provided in subsection 3, if an
				eligible child lives in the home of a relative who is not the child's parent,
				the relative is ineligible if the relative's spouse also lives in the
				home.
2. If an eligible child lives
				in the home of a relative who is not the child's parent, and the spouse of that
				relative does not also live in the home, the relative:
a. Must be excluded from the household if the
				relative's income and assets would cause the household to be ineligible;
				and
b. May be included in the
				household if the relative requests inclusion and the relative's income and
				assets do not cause the household to be ineligible.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-64 - Essential services

Current through Supplement No. 393, July, 2024
1. The county agency may determine that a
				service, which the family cannot perform independently because of infirmity or
				illness, is essential to the well-being of the household.
2. "Essential service" includes housekeeping
				services and child care during a caregiver's illness or hospitalization,
				attendant services, and extraordinary costs of accompanying a member of the
				family to a distant medical or rehabilitation facility, arising out of a
				special need or condition of a member of the household or an ineligible
				caretaker who is not a parent of a child in the household and may include other
				expenses and services, provided:
a. The need
				is unforeseen and due to no fault of the household;
b. The department is the payer of last
				resort; and
c. The household
				receives prior approval from the department.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-65 - Catastrophic events and unforeseen circumstances

Current through Supplement No. 393, July, 2024
1. The
				county agency may authorize vendor payments for the replacement of food,
				clothing, furniture, household equipment, and supplies, as a special item of
				need, at a level comparable to that maintained by the household prior to a
				flood, fire, storm, or other disaster, if:
a.
				The availability of replacements, at no or nominal cost to the household, from
				sources such as the American red cross, has been determined and assistance with
				replacements coordinated; and
b.
				The loss of items for which replacement is sought has been
				determined.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-66 - Medical insurance premiums

Current through Supplement No. 393, July, 2024
1. The county agency may authorize payment
				for the cost of premiums for health insurance carried by the household, as a
				special item of need. Payment may be made for only one policy of health
				insurance. If the policy covers individuals who are not members of the
				household, payment is limited to:
a. If the
				household or insurer provides information that describes the manner in which
				the insurance company allocates premium charges between the insureds, the
				allocation attributable to the members of the household; or, if that allocation
				is unavailable; and
b. The total
				premium amount, divided by the number of individuals covered, and then
				multiplied by the number of covered members of the household.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-67 - Child restraint systems

Current through Supplement No. 393, July, 2024
The county agency may authorize payment, as a special item of
				  need, to members of the household for the verified cost of an approved child
				  restraint system designed to secure a child while riding in a passenger
				  vehicle.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-68 - High school graduate or general equivalency diploma incentive payment

Current through Supplement No. 393, July, 2024
The county agency may authorize a one-time payment of an
				  amount determined by the department, as a special item of need, to each
				  individual in the household upon completion of high school or receipt of
				  general equivalency diploma.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-68.1 - Housing allowance

Current through Supplement No. 393, July, 2024
The county agency may authorize, as a special item of need,
				  an amount determined by the department when a family has an independent living
				  arrangement and the members of the family have sole responsibility for all
				  housing costs.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-69 - Unrestricted payment of assistance - Exceptions

Current through Supplement No. 393, July, 2024
1. The usual method
				of providing assistance under this chapter is through payments by check or
				credit on account, immediately redeemable at par, made to the caretaker
				relative or legal guardian at regular intervals, with no restrictions on the
				use of the funds. This practice is followed because recipients of assistance do
				not, by virtue of their need for assistance, lose the capacity to select how or
				when the needs of the household must be met. If the caretaker relative or other
				members of the household manage funds in a manner that is clearly detrimental
				to members of the household, or if the caretaker relative is subject to
				sanction for nonconformance to program requirements, protective payments may be
				used to assist the household in financial management.
2.
a. A
				determination that there is a detrimental mismanagement of funds may be based
				on:
(1) Continued failure to plan for and
				make necessary expenditures during periods for which assistance is
				provided;
(2) Continued failure to
				provide children in the household with proper food, clothing, or housing so as
				to threaten the chances of those children for healthy growth and
				development;
(3) Persistent failure
				to pay the cost of rent, food, utilities, school supplies, or other
				essentials;
(4) Repeated loss of
				housing due to nonpayment of housing costs; or
(5) Repeated failure to pay debts that result
				in attachments of or levies against current income.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-70 - Payee

Current through Supplement No. 393, July, 2024
Each household shall have a designated payee who must be the
				  primary individual unless there is a protective payee.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-71 - Making payment - Correcting overpayments and underpayments

Current through Supplement No. 393, July, 2024
1. A payment
				of a cash grant is deemed to be complete as of 12:01 a.m. on the first day of
				the month for which it is issued.
2. Except as provided in subsection 3, a
				payment check must be endorsed by the payee, or an attorney-in-fact for the
				payee, with a signature, written in ink, in the same form as the indicated
				payee.
a. If the payee is a guardian, the
				endorsement must so indicate and must name the ward.
b. If the endorsement is by an
				attorney-in-fact of the payee, the endorsement must so indicate and must name
				the attorney-in-fact.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-72 - Intentional program violation - Disqualification penalties

Current through Supplement No. 393, July, 2024
1. For purposes of
				this section:
a. "Intentional program
				violation" means an individual's intentional action or failure to act which
				consists of:
(1) Making a false or misleading
				statement or misrepresenting, concealing, or withholding facts;
(2) Violating provisions of North Dakota
				Century Code chapter 50-09, this chapter, or any state statute relating to the
				acquisition or use of assistance provided under North Dakota Century Code
				chapter 50-09 or this chapter; or
(3) Being convicted in federal or state court
				of having made a fraudulent statement or representation with respect to the
				place of residence of the individual to receive temporary assistance for needy
				families, medicaid, supplemental nutrition assistance program benefits, or
				supplemental security income simultaneously from two or more states;
(4) Using a temporary assistance for needy
				families debit card in any liquor store; any casino, gambling casino, or gaming
				establishment, or any retail establishment that provides adult-oriented
				entertainment in which performers disrobe or perform in an unclothed state of
				entertainment in violation of
				Pub. L.
				112-96, provided access to the funds is not
				otherwise available through an automated teller machine, financial institution,
				or other means within a reasonable distance of the recipient's residence;
				and
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-72.1 - Denial of assistance for fugitive felons, probation andparole violators, and certain convicted drug offenders

Current through Supplement No. 393, July, 2024
1. An individual may not be included in the
				cash grant if the individual is:
a. Fleeing
				to avoid prosecution, or custody or confinement after conviction, under the
				laws of the place from which the individual flees, for a crime, or an attempt
				to commit a crime, which is a felony under the laws of the place from which the
				individual flees, or which, in the case of the state of New Jersey, is a high
				misdemeanor under the laws of such state; or
b. Violating a condition of probation or
				parole imposed under federal or state law.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-73 - Health tracks

Current through Supplement No. 393, July, 2024
The county agency may authorize an amount to be determined by
				  the department, as a special item of need, to all members of a household, under
				  age twenty-one, who complete a health tracks screening. This amount may only be
				  authorized and issued once every twelve months, beginning with the date of the
				  screening.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-79 - Sanctions for noncompliance with temporary assistance for needy families program requirements

Current through Supplement No. 393, July, 2024
1. Temporary
				assistance for needy families participants who fail or refuse to comply with
				program requirements, without good cause, may be sanctioned. Actions or
				failures to comply that may result in sanctions include:
a. Failure or refusal to participate in the
				job opportunities and basic skills or tribal native employment works
				programs;
b. Failure or refusal to
				cooperate in obtaining child support or establishing paternity; and
c. Quit a job or refused an offer of
				employment without good cause.