reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-21 - Submission of proposed decision

Current through Supplement No. 393, July, 2024
After the hearing has been closed, the hearing officer shall
				  issue a recommended decision for review by the appeals supervisor and
				  submission to the executive director or the executive director's designee. The
				  recommended decision must include a statement of the facts and of the statutes,
				  regulations, rules, or policies involved and the reasoning that supports the
				  recommended decision.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-22 - Decision by department

Current through Supplement No. 393, July, 2024
1. The decision of
				the department must be made by the executive director or the executive
				director's designee.
2. The
				executive director, or the executive director's designee, after receiving the
				hearing officer's recommended decision may:
a.
				Adopt the recommended decision in its entirety;
b. Decide the matter on the record;
				or
c. Order another hearing to be
				conducted.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-23 - Notice of decision

Current through Supplement No. 393, July, 2024
1. After a decision
				is rendered by the executive director or the executive director's designee, the
				appeals supervisor shall mail a copy to the claimant and the county agency,
				nursing facility, or division of the department that made the determination
				under appeal. The notice of decision must also contain a statement explaining
				the right to request a rehearing or reconsideration unless the decision is
				itself a decision on rehearing or reconsideration.
2. The notice may be mailed by certified
				mail, return receipt requested, by certified mail, or by regular mail. If
				notice is given by certified mail without return receipt or by regular mail, an
				affidavit of mailing indicating to whom the order was mailed must be
				prepared.
General Authority:
NDCC
					 28-32-02,
					 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-24 - Preservation of record

Current through Supplement No. 393, July, 2024
The verbatim record of the testimony and exhibits, or an
				  official report containing the substance of what transpired at the hearing,
				  together with all papers and requests filed in the proceeding, the hearing
				  officer's recommended decision, and the department's decision constitute the
				  exclusive record for decision and must be available to the parties to the
				  appeal at any reasonable time for three years after the date of the
				  department's decision in all supplemental nutrition assistance program cases,
				  and for ninety days after the date of the department's decision in all other
				  cases. A transcribed copy of recorded testimony requested within ninety days
				  after the date of the department's decision must be made available to the
				  claimant or a county agency upon payment of a reasonable transcription
				  fee.
General Authority:
NDCC 28-32-02,
					 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-25 - Rehearing and reconsideration

Current through Supplement No. 393, July, 2024
1. A
				request for a rehearing or for reconsideration must be filed with the office of
				the appeals supervisor within fifteen days after a decision is issued by the
				executive director. The request must be based upon new evidence indicating that
				an unjust or invalid determination has been made, or upon an allegation that
				the director has incorrectly interpreted relevant statutory or case law.
2. If the request for rehearing is
				to permit presentation of additional evidence, the request must:
a. Describe the additional evidence;
b. Show why it was not previously
				introduced; and
c. Explain its
				materiality.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-26 - Appeals supervisor address

Current through Supplement No. 393, July, 2024
The appeals supervisor's address is:
Appeals Supervisor
North Dakota Department of Human Services
State Capitol - Judicial Wing
600 East Boulevard Avenue - Department 325
Bismarck, North Dakota 58505-0250
General Authority:
NDCC 28-32-02,
					 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-04 - Human Services Grant Program › Section 75-01-04-01 - Human Services Grant Program

Current through Supplement No. 393, July, 2024
For the purposes of this chapter:
1. "Adjacent to an Indian reservation in this
				state" means a border of the county is within ten miles of a border an an
				Indian reservation in this state.
2. "Eligible county" means a county that has
				historically used the emergency expenditures process set forth in North Dakota
				Century Code chapter 50-03 and which:
a. Is
				adjacent to an Indian reservation in this state;
b. Is a part of an Indian reservation in this
				state;
c. Contains Indian trust
				lands within the service area of a federally recognized Indian tribe which are
				occupied by enrolled members of that tribe; or
d. Includes the North Dakota state
				hospital.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-04 - Human Services Grant Program › Section 75-01-04-02 - Application

Current through Supplement No. 393, July, 2024
An eligible county interested in applying for a grant shall
				  return a completed application to the department by July 15 of the year before
				  the year for which the grant is to be paid.
General Authority:
NDCC
					 50-06-20.1
Law Implemented:
NDCC
					 50-06-20.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-04 - Human Services Grant Program › Section 75-01-04-03 - Verification - Approval

Current through Supplement No. 393, July, 2024
Upon review of a county's completed application, the
				  department shall verify whether the county is an eligible county. Within the
				  appropriation provided to the department for grants, the department shall
				  notify each eligible county of the amount of the grant approved for that
				  county. If the funding requests from eligible counties exceed the appropriation
				  provided to the department for grants under this chapter, the department shall
				  adjust the grants awarded to remain within the limits of the appropriation, and
				  may seek additional information from an eligible county to determine the grant
				  adjustments.
General Authority:
NDCC
					 50-06-20.1
Law Implemented:
NDCC
					 50-06-20.1
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 75-02-01.2-01 - Definitions

Current through Supplement No. 393, July, 2024
Unless otherwise stated in this section, the definitions set
				  forth in North Dakota Century Code section 50-09-01 are applicable to this
				  chapter. Additionally, in this chapter, unless the context or subject matter
				  requires otherwise:
1. "Applicant"
				means an individual who is seeking a benefit under this chapter.
2. "Asset" means any kind of property or
				property interest, whether real, personal, or mixed, whether liquid or
				illiquid, and whether or not presently vested with possessory rights.
3. "Assistance" includes cash, payments,
				vouchers, and other forms of benefits designed to meet a family's ongoing basic
				needs, but does not include nonrecurring, short-term benefits, work subsidies,
				supportive services provided to families who are employed, and refundable
				earned income tax credits.
4. "Base
				month" means the month, immediately before the processing month, about which
				the income and circumstances of the household are evaluated to determine the
				amount of any benefits to be paid during the benefit month.
5. "Benefit month" means the calendar month
				immediately following the processing month.
6. "Benefits" means the amount of temporary
				assistance for needy families assistance a family receives including the
				temporary assistance for needy families amount, essential services, and
				supportive services, reduced by recoupments.
7. "Caretaker relative" means the relative so
				designated by the household who:
a. Lives with
				an eligible dependent child;
b. Is
				a pregnant woman, caretaker relative to no dependent child; or
c. Lives with a dependent child, under age
				eighteen and receiving supplemental security income benefits, who is the last
				child in the home.
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 75-02-01.2-02 - County demonstration projects

Current through Supplement No. 393, July, 2024
Counties within North Dakota may, with the department's
				  approval, conduct a temporary assistance for needy families demonstration
				  project in defined areas which may provide benefits and services that are not
				  identical to benefits and services provided elsewhere in North
				  Dakota.
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 75-02-01.2-02.1 - Diversion

Current through Supplement No. 393, July, 2024
Diversion may be provided to a family experiencing a specific
				  crisis situation or episode of need. Diversion is not assistance under title
				  45, Code of Federal Regulations, part 260.31, and is not a benefit for purposes
				  of North Dakota Century Code section
				  50-09-06.1. Diversion may be
				  provided to a family that meets all factors of eligibility for assistance under
				  the temporary assistance for needy families program except as provided in this
				  section.
1. A family may not receive
				diversion and a temporary assistance for needy families grant in the same
				month. A family may receive diversion for up to four months within a
				twelve-month period beginning in the month diversion is provided. A family that
				includes a caretaker who is not a legally responsible relative of a child
				member of the family may not receive diversion.
2. Diversion may be provided to defray
				expenses necessary to retain or obtain employment. Within the limits described
				by the department, additional funds may be made available to a participant who
				would be unable to enter into or remain in a work activity without the use of
				those funds. Necessary expenses incurred in retaining or obtaining employment
				must be verified.
3. Cooperation in
				obtaining support or establishing paternity for any child member of the family
				is permitted but not required.
4.
				An applicant may appeal a denial, limitation, or termination of diversion, and
				a recipient of diversion may appeal termination or reduction of diversion, by
				making a written request for a hearing within thirty days from the date of the
				notice of adverse action. If diversion is denied or the case is close,
				diversion may not be provided pending completion of the fair hearing process.
				If diversion is reduced, benefits may be continued only based on the reduced
				level, pending completion of the fair hearing process.
5. A month in which diversion is received
				does not count toward the temporary assistance for needy families sixty-month
				lifetime limit provided under section
				75-02-01.2-35.1.
6. When a diversion household is determined
				to have a recurrent or ongoing need, the diversion case must be closed and the
				household may reapply under temporary assistance for needy families to meet the
				recurrent or ongoing 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 75-02-01.2-02.2 - Kinship care assistance

Current through Supplement No. 393, July, 2024
1. Kinship
				care provides a monthly maintenance payment and supportive services to a child
				residing outside the child's parental home with a caretaker who is related to
				that child within the fifth degree of kinship. To be eligible:
a. A court of competent jurisdiction must
				have entered an order placing a child's care, custody, and control with a
				county agency, an official of a county agency, the executive director of the
				department, the division of juvenile services, or with a tribal agency;
				and
b. Before placing a child in
				kinship care for more than thirty days, the child's custodian must have
				completed a family study, a child abuse and neglect background check, and other
				investigations, as identified in chapter 75-03-14, as the department may
				determine necessary to demonstrate that:
(1)
				The home in which care is provided is in fit and sanitary condition and
				properly equipped to provide good care to the child;
(2) The caretaker and other adults residing
				in the home of the caretaker properly qualify to carry out the duties and
				responsibilities of a kinship care provider;
(3) Kinship care provided in the home is for
				the public good in accordance with sound social policy and with due regard to
				the health, morality, and well-being of all children cared for in the home;
				and
(4) The home is maintained
				according to standards prescribed for its conduct by 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 75-02-01.2-02.3 - Transition assistance

Current through Supplement No. 393, July, 2024
Transition assistance promotes job retention by providing an
				  extended period of cash assistance to qualified families under temporary
				  assistance for needy families. Households with earnings from employment
				  exceeding the allowable standard of need for their household size may remain
				  eligible for transition assistance for up to six months. Transition assistance
				  is assistance under title 45, Code of Federal Regulations, part 260.31, and is
				  a benefit for purposes of North Dakota Century Code section 50-09-06.1.
				  Transition assistance may be provided to a family that meets all factors of
				  eligibility for assistance under the temporary assistance for needy families
				  program except as provided in this section. For purposes of this section,
				  "caretaker" means an individual who provides support to a minor child and who
				  may or may not receive benefits. All provisions of this chapter apply
				  except:
1. A family may not receive a
				grant for transition assistance in any month in which that family receives a
				grant for temporary assistance for needy families or diversion
				assistance.
2. No one may be
				provided transition assistance in an application month. Only recipients of
				temporary assistance for needy families may become eligible for transition
				assistance.
3. Transition
				assistance provides a monthly job retention incentive, transportation
				assistance, and special items of need as allowed under the temporary assistance
				for needy families program.
4. A
				family may not receive transition assistance for more than six consecutive
				months.
5. Transition assistance
				may not be provided to:
a. A caretaker
				sanctioned due to noncompliance with work requirements;
b. A caretaker relative, in a child-only
				case;
c. A minor parent who is not
				the head of household or spouse of the head of household;
d. An alien who is ineligible to receive
				assistance due to his or her immigration status;
e. A caretaker in receipt of supplemental
				security income benefits; and
f. A
				caretaker with a disqualification penalty applied for a voluntary job quit or
				voluntary refusal of an offer of employment or training for employment.
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 75-02-01.2-03 - Request for benefits

Current through Supplement No. 393, July, 2024
1. All individuals wishing to request
				assistance from the temporary assistance for needy families program shall have
				the opportunity to do so, without delay.
2. A request for benefits is a written
				request made by an individual desiring assistance under the program, or by a
				proper individual seeking such assistance on behalf of another individual, to a
				county agency.
3. A request for
				benefits must be in writing and signed on a prescribed application
				form.
4. A prescribed request for
				benefits form must be signed by the applicant if the applicant is physically
				and mentally able to do so. An application made on behalf of an applicant
				adjudged incompetent by a court must be signed by the guardian.
5. Information concerning eligibility
				requirements, available services, and the rights and responsibilities of
				applicants and recipients must be furnished to all who require it.
6. The date of the request for benefits is
				the date the applicant-signed form is received in the county agency.
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 75-02-01.2-03.1 - Upfront eligibility

Current through Supplement No. 393, July, 2024
Unless first determined exempt or granted good cause for
				  nonparticipation, the applicant, and any member of the family for whom
				  temporary assistance for needy families is requested, shall, as a condition of
				  eligibility, comply with the requirements of child support enforcement and job
				  opportunities and basic skills or a tribal native employment works
				  program.
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 75-02-01.2-04 - Applicant's or guardian's duty to establish eligibility

Current through Supplement No. 393, July, 2024
It is the responsibility of the applicant or guardian of the
				  applicant to provide information sufficient to establish the eligibility of
				  each individual for whom assistance is requested, including the furnishing of a
				  social security number or verification of application for a social security
				  number, and the establishment of age, verification of relationship, identity,
				  citizenship, verification of school attendance of any child age sixteen and
				  older, and medical and social information to be used for any necessary
				  incapacity determination, and financial eligibility.
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 75-02-01.2-05 - Verification

Current through Supplement No. 393, July, 2024
While eligibility for the program is determined in large
				  measure on information supplied by the applicant or recipient, aspects of
				  eligibility that must be supported by conclusive, documenting evidence
				  include:
1. The existence of
				conditions requiring professional examinations or judgments to establish the
				existence of incapacity or pregnancy;
2. The amount and source of all
				income;
3. The equity value of
				assets whenever available information or the prudent person concept suggests
				that the equity value may exceed program limitations;
4. The basis for special need
				requests;
5. The relationship
				between any dependent child, caretaker relative, and any other member of the
				household whose presence, assets, or income may affect the composition,
				eligibility, or benefits of the household;
6. School attendance of any child sixteen or
				older;
7. Citizenship or alien
				status of household members;
8. The
				identity of each member of the household;
9. Proof of or application for a social
				security number; and
10. Any other
				factor of eligibility for which available information is lacking, questionable,
				or inconclusive, and which suggests to a prudent person that further inquiry or
				documentation is necessary.
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 75-02-01.2-06 - Selection of primary individual

Current through Supplement No. 393, July, 2024
1. Each
				household shall have a primary individual. The primary individual must be
				identified among the household members, with one of the following relationships
				to a dependent child member of the household, using the following order of
				priority:
a. A natural or adoptive
				parent;
b. An adult relative,
				within the fifth degree of kinship;
c. A stepparent;
d. A spouse of any individual identified in
				subdivision a, b, or c, whether or not that marriage is terminated by death or
				divorce; and
e. A minor brother,
				sister, half-brother, half-sister, stepbrother, or stepsister who is at least
				sixteen years of age.
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 75-02-01.2-08 - Notification of program requirements

Current through Supplement No. 393, July, 2024
All applicants must be notified of generally applicable
				  program requirements and of related services through the provision of brochures
				  and through the provision of responses to inquiries made by applicants
				  concerning program requirements. Applicants and recipients are responsible to
				  call attention to their particular circumstances, and to inquire as to the
				  effect of those circumstances on eligibility.
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 75-02-01.2-09 - Decision and notice

Current through Supplement No. 393, July, 2024
1. A decision as to eligibility must be made
				promptly on applications, within thirty days, except in unusual
				circumstances.
2. A decision as to
				eligibility on redeterminations must be made within thirty days.
3. Immediately upon an eligibility
				determination, whether eligibility can be found, ineligibility can be found, or
				eligibility cannot be determined, program applicants or recipients shall be
				notified by the county agency. Adequate notice of any decision terminating or
				reducing benefits must be sent at the time required by section
				75-01-03-08.
4. The effective date a case is closed or
				suspended is the last calendar day of the month identified in the
				notice.
5. Errors made by public
				officials and delays caused by the actions of public officials do not create
				eligibility or additional benefits for an applicant or recipient who is
				adversely affected.
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 75-02-01.2-10 - Monthly report - Must be complete and timely

Current through Supplement No. 393, July, 2024
1. When the county
				agency receives a completed monthly report, it shall process the payment only
				if all eligibility conditions are met. The county agency shall notify the
				household of any changes from a payment made in the month immediately past. If
				payment is being reduced or assistance terminated as a result of information
				provided in the monthly report, the county agency shall send an adequate
				notice. The household may be reinstated to the payment amount made in the month
				immediately past if an appeal of the decision described in the notice is made
				within ten days of the date of the notice.
2. A county agency may terminate assistance
				if it has received no timely monthly report or has received only an incomplete
				report. The county agency shall send an adequate notice, mailed to arrive no
				later than the date it would have made payment if the agency had received a
				timely and complete monthly report. If the household notifies the county agency
				and files a complete report within ten days of the date of the notice, the
				county agency may accept the replacement report and provide for payment based
				on the report only if the information indicates that the household is still
				eligible. If, based on the replacement report, the household is found
				ineligible or eligible for an amount less than the payment amount made in the
				month immediately past, the county agency shall promptly notify the household
				of the right to a fair hearing and, if a hearing is requested within ten days
				from the date of the notice, the right to have payment reinstated to the
				payment amount made in the month immediately past.
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 75-02-01.2-11

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 75-02-01.2-12 - Determining claims of good cause

Current through Supplement No. 393, July, 2024
Determinations concerning claims of good cause require the
				  use of decisionmaking principles. These principles must be applied to the
				  individual's statements and information to determine if the requirements of
				  good cause are met. The decisionmaking principles are:
1. The individual claiming good cause is
				responsible to show that good cause exists.
2. Uncorroborated statements of fact are less
				believable than corroborated statements.
3. Statements by individuals with a
				reputation for being untruthful are less believable than similar statements by
				individuals without that reputation.
4. A reputation for being untruthful exists
				if the files maintained by the department, the human service zone, or the job
				opportunities and basic skills program employment contractor contain evidence
				of untruthful statements made by the individual, or if the individual has made
				untruthful statements that are a matter of public record.
5. Statements by individuals with a
				reputation for failures or delays in furnishing information necessary for
				official action are less believable than similar statements by individuals
				without that reputation.
6. A
				reputation for failures or delays in furnishing information necessary for
				official action exists if the files maintained by the department, the human
				service zone, or a job opportunities and basic skills program employment
				contractor contain evidence of any failure or delay, without good cause, to
				furnish reports, including monthly reports, necessary verifications, or a
				failure or delay in attending meetings or interviews intended to secure
				information necessary for official action.
7. A statement of fact, made by an individual
				with something to gain if that statement is regarded as true, is less
				believable than a similar statement made by an individual with little or
				nothing to gain.
8. An individual's
				explanations or reasons for claiming good cause must be judged by a prudent
				person concept. A prudent person is one who exercises those qualities of
				attention, knowledge, intelligence, and judgment that society requires of its
				members for protection of their own interests and the interests of
				others.
9. Statements of fact made
				by the individual claiming good cause, or by other individuals who support or
				oppose the claim of good cause, are not presumed to be either truthful or
				untruthful. Rather, statements of fact must be evaluated to determine if they
				are more likely than not or less likely than not to be true.
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 75-02-01.2-13 - Residence

Current through Supplement No. 393, July, 2024
1. There is no
				durational state residence required for eligibility for benefits.
2. No individual who is otherwise eligible
				may be denied assistance under the program if the individual resides in the
				state.
3. A resident of the state
				is one who:
a. Is living in the state
				voluntarily with the intention of making the individual's home there;
				or
b. At the time of application,
				is living in the state and is not receiving temporary assistance for needy
				families from another state.
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 75-02-01.2-14 - Deprivation of parental support or care

Current through Supplement No. 393, July, 2024
A dependent child must be shown to be both "deprived of
				  parental support or care" and "needy", although a causal relationship between
				  the two need not exist. The phrase encompasses the situation of any child who
				  is in need and otherwise eligible, and whose parent has died, is continually
				  absent from the home, or is physically or mentally incapacitated. The
				  requirement applies whether the parent was the chief breadwinner or devoted
				  himself or herself primarily to the care of the child and whether or not the
				  parents were married to each other. The determination that a child has been
				  deprived of parental support or care is made in relation to the child's natural
				  or adoptive parents.
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 75-02-01.2-15 - Continued absence of a parent

Current through Supplement No. 393, July, 2024
1. For purposes of this chapter:
a. "Deprived of parental support or care by
				reason of the continued absence of a parent" means a situation that occurs when
				all of the following factors are present:
(1)
				The parent is physically absent from the home;
(2) The nature of the parent's absence is
				such as to interrupt or terminate the parent's functioning as a provider of
				maintenance, physical care, or guidance for the child; and
(3) The known or indefinite duration of the
				absence precludes relying on the parent to perform the parent's functions in
				planning for the present support or care of the 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 75-02-01.2-17 - Death of a parent

Current through Supplement No. 393, July, 2024
A child, if otherwise eligible for temporary assistance for
				  needy families, may be deprived of parental care by reason of the death of a
				  parent. The applicant shall verify that the deceased individual is the parent
				  of the child.
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 75-02-01.2-18 - Incapacity of a parent

Current through Supplement No. 393, July, 2024
1. A child, if
				otherwise eligible for temporary assistance for needy families, is deprived of
				parental support or care when the child's parent has a physical or mental
				condition, supported by current competent medical testimony, of such a
				debilitating nature as to reduce substantially or eliminate the parent's
				capacity either to earn a livelihood or to discharge the parent's
				responsibilities as a homemaker and provider of child care for a period of
				thirty days or more. In making a determination of incapacity to earn a
				livelihood, the department shall take into account the limited employment
				opportunities of individuals with disabilities.
2. The incapacity must substantially reduce
				or eliminate employment in the parent's usual occupation. If the incapacity
				does not allow the parent to be able to return to the parent's usual
				occupation, once medically capable, the parent will be expected to adapt to
				another occupation. It does not matter whether a parent was employed or
				fulfilled the role of homemaker prior to the onset of the asserted incapacity.
				Incapacity is established either when the individual is unable to earn a
				livelihood or to act as a homemaker. A parent may also establish incapacity by
				demonstrating that the parent has reached age sixty-five.
3. A determination that a parent is disabled
				or blind, made by the social security administration, constitutes adequate
				substantiation of incapacity for purposes of this section.
4. A parent continues to be incapacitated,
				for purposes of this section, if the incapacity is not reasonably subject to
				remediation, or if the parent makes reasonable progress toward remediation of
				the incapacity. For purposes of this section, reasonable progress toward
				remediation of the incapacity means cooperation with medical practitioners who
				prescribe a course of treatment intended to remediate or limit the effect of
				the incapacity, including physical therapy, counseling, use of prosthesis, drug
				therapy and weight loss, cooperation with vocational practitioners, cooperation
				with vocational and functional capacity evaluations, and reasonable progress in
				a course of training or education intended to qualify the parent to perform an
				occupation which, with that training or education, the parent would have the
				capacity to perform.
5. A parent
				who engages in activities inconsistent with the claimed incapacity may be
				determined to not be incapacitated.
6. The department may require a parent to
				demonstrate reasonable progress toward remediation of the incapacity, and may
				set reasonable deadlines for the demonstrations.
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 75-02-01.2-20 - Eligibility throughout month

Current through Supplement No. 393, July, 2024
1. In the first month in which eligibility is
				established, based on any one application, the benefit amount is that pro rata
				portion of the monthly benefit amount equal to the percentage of the month
				remaining after the later of the first day of eligibility or the date of
				application, except:
a. In the case of a
				family that has entered North Dakota from a state which issues grants twice a
				month, the benefit amount is that pro rata portion of the monthly benefit
				amount equal to the percentage of the month remaining after the later of the
				date coverage in the other state ends or the date of application; and
b. The benefit amount may be adjusted to
				correct an underpayment or overpayment arising out of previous periods of
				eligibility.
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 75-02-01.2-22 - Asset limits

Current through Supplement No. 393, July, 2024
No member of a household may be found eligible for benefits
				  unless the value of the household's assets, not specifically excluded under
				  this chapter, does not exceed three thousand dollars for a household consisting
				  of one individual, six thousand dollars for households consisting of two
				  individuals, and an additional twenty-five dollars for each additional
				  individual. In all instances, including determination of equity, property must
				  be realistically evaluated in accord with current market value. Any reasonable
				  costs associated with liquidation of excess assets must be taken into
				  account.
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 75-02-01.2-23 - Exempt assets

Current through Supplement No. 393, July, 2024
The following assets are exempt from consideration in
				  determining eligibility for temporary assistance for needy families
				  benefits:
1. The home occupied by the
				household including trailer homes being used as living quarters, and the land
				upon which the home stands, up to twenty contiguous acres [8.09 hectares], if
				rural, and up to two acres [.81 hectare], if located within the established
				boundaries of a city;
2. Personal
				effects, wearing apparel, household goods, and furniture;
3. One car, van, or pickup of any equity
				value;
4. Indian trust or
				restricted lands, the proceeds from the sale thereof so long as those proceeds
				are impressed with the original trust, and the proceeds from the lease thereof
				so long as those proceeds are not commingled with other funds;
5. For twelve months from the month of
				receipt, any refund of federal income taxes made to a member of the household
				including the earned income tax credit, and any payment made to a member of the
				household by an employer, relating to advance payment of earned income tax
				credit;
6. Real property that the
				household is making a good-faith effort to sell;
7. Indian per capita funds and judgment funds
				awarded by either the Indian claims commission or the court of claims after
				October 19, 1973, interest and investment income accrued on such Indian per
				capita or judgment funds while held in trust, and purchases made using interest
				or investment income accrued on such funds while held in trust. The funds must
				be identifiable and distinguishable from other funds. Commingling of per capita
				funds, judgment funds, and interest and investment income earned on those
				funds, with other funds, results in loss of the exclusion;
8. The equity value of all assets owned by a
				member of the household who is a recipient of supplemental security income;
				and
9. The equity value of the
				assets, jointly owned by a program household member and a recipient of
				supplemental security income.
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 75-02-01.2-24 - Lump sums received by a member of the household

Current through Supplement No. 393, July, 2024
1. All nonrecurring
				lump sum payments must be considered as an asset beginning the second month
				following the month of receipt. For that month, the remaining lump sum amount
				is included with all other nonexempt assets in determining
				eligibility.
2. Recurring unearned
				income lump sum payments received after an application has been filed for
				temporary assistance for needy families must be considered countable income and
				prorated over the period the payment is intended to cover. The prorated lump
				sum payment must continue to be counted if the case closes and reopens during
				the income prorate period in which the payment was received or reopens during
				the income prorate period immediately succeeding the income prorate period in
				which the case was closed.
3. For
				purposes of this section, "lump sum income or payment" includes retroactive
				monthly benefits provided under title II of the Social Security Act and other
				retroactive monthly benefits, payments in the nature of windfall, such as
				lottery or gambling winnings or inheritances, judgments, or settlements for
				injuries to person or property to the extent that the payment is not earmarked
				and used for the purpose for which it was paid such as burial costs, and repair
				or replacement of lost or damaged assets, and workers' compensation
				awards.
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 75-02-01.2-25 - Good-faith effort to sell real property

Current through Supplement No. 393, July, 2024
A good-faith effort to sell is demonstrated only if the
				  property owner:
1. Arranges for
				regular advertising, including classified advertisements in newspapers, post
				"for sale" signs, and marketing efforts made by real estate agencies;
2. Makes sales efforts including contacts
				with persons who respond to advertising efforts, persons known to be potential
				purchasers of property of the type offered, and entry into a listing agreement
				with a real estate agency;
3. Sets
				and publishes an asking price likely to result in a sale; and
4. Accepts any offer that meets or exceeds
				seventy-five percent of the published asking price.
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 75-02-01.2-26 - Disqualifying transfers

Current through Supplement No. 393, July, 2024
1. The transfer of an asset, without adequate
				consideration, disqualifies the household from receipt of benefits . For a
				participating household, the disqualification begins the first benefit month
				after notice of adverse action. For a nonparticipating household, the period of
				disqualification begins with the month of application.
2. Length of disqualification is as follows:
a. One month for a disqualifying transfer of
				more than zero dollars, but less than two hundred fifty dollars;
b. Three months for a disqualifying transfer
				of two hundred fifty dollars or more, but less than one thousand
				dollars;
c. Six months for a
				disqualifying transfer of one thousand dollars or more, but less than three
				thousand dollars;
d. Nine months
				for a disqualifying transfer of three thousand dollars or more, but less than
				five thousand dollars; and
e.
				Twelve months for a disqualifying transfer of five thousand dollars of
				more.
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 75-02-01.2-27 - Social security numbers

Current through Supplement No. 393, July, 2024
Before the needs of an individual may be included in the
				  benefit, the individual shall furnish a social security number or proof that
				  the individual has applied for a social security number. An individual may not
				  be initially included in or added to a household, including newborn children,
				  until the individual's social security number or proof of application has been
				  received. An individual who has been included in or added to a household upon
				  providing proof that the individual has applied for a social security number
				  shall provide a social security number within six months of receipt of the
				  number or at the time of the next redetermination of eligibility following
				  receipt of the number, whichever is earlier.
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 75-02-01.2-28

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 75-02-01.2-28.1

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 75-02-01.2-29 - Ineligibility due to participation in strikes

Current through Supplement No. 393, July, 2024
1. No household is
				eligible for benefits under this chapter for any month in which any member of
				that household participates in a strike. If it is discovered that a household
				member participated in a strike during a month in which a benefit has already
				been paid for that month, the county agency shall consider that amount as an
				overpayment subject to recovery.
2.
				For purposes of this section:
a.
				"Participating in a strike" means actual refusal, in concert with others, to
				provide services to one's employer.
b. "Strike" means a work stoppage, including
				a work stoppage due to the expiration of a collective bargaining agreement or a
				deliberate slowdown or interruption of operations by a body of workers to
				enforce compliance with demands made on an employer.