IDAPA 16.03.08
Division of Welfare
For those seeking cash assistance under the Temporary Assistance for Families in Idaho (TAFI) program.
These rules provide standards for the administration of the TAFI program. The purpose of these rules is to help participants in the Temporary Assistance for Families in Idaho (TAFI) program to obtain jobs by providing assistance and support. This focus requires more than government alone can or should provide. This program requires relationships where participants, families, local communities and employers work together to help participants obtain employment and achieve self-reliance. Department resources for applicants and participants will be provided in the following priority order, if applicable: Child Support Services (CSS); child care assistance; other Department services such as Medicaid, Food Stamps, Aid to the Aged, Blind and Disabled (AABD); and TAFI.
This rule implements the following statute passed by the Idaho Legislature:
Public Assistance and Welfare -
Administrative appeals and contested cases are governed by the provisions of IDAPA 16.05.03, “Contested Case Proceedings and Declaratory Rulings.”
Unless exempted, all public records are subject to disclosure by the Department that will comply with Title 74, Chapter 1, Idaho Code, upon requests. Confidential information may be restricted by state or federal law, federal regulation, and IDAPA 16.05.01, “Use and Disclosure of Department Records.”
Idaho Department of Health and Welfare Division of Welfare – Temporary Assistance for Families in Idaho (TAFI) Program 450 West State Street Boise, ID 83702
P.O. Box 83720
Boise, ID 83720-0036
Phone: (208) 334-5815 or 1-800-456-1233
Fax: (208) 334-5817
Email: SRProgramRules@dhw.idaho.gov
Webpages: https://healthandwelfare.idaho.gov/services-programs/financial-assistance/about-tafi
16.03.08 – Temporary Assistance for Families in Idaho (TAFI) Program
000. Legal Authority. ... 6
001. Title, Scope, And Purpose. ... 6
002. – 007. (Reserved) ... 6
008. Audit, Investigation And Enforcement. ... 6
009. (Reserved) ... 6
010. Definitions. ... 6
011. Abbreviations. ... 7
012. -- 099. (Reserved) ... 7
100. TAFI Eligibility. ... 7
101. Time Limit. ... 7
102. Residence Exception To Time Limit. ... 7
103. -- 105. (Reserved) ... 8
106. Signatures. ... 8
107. (Reserved) ... 8
108. Application For Assistance. ... 8
109. (Reserved) ... 8
110. Effective Date. ... 8
111. Substance Abuse Screening And Testing Notice At Application. ... 8
112. (Reserved) ... 8
113. Concurrent Multiple Benefit Prohibition. ... 8
114. -- 115. (Reserved) ... 8
116. Personal Responsibility Contract (PRC). ... 8
117. (Reserved) ... 9
118. Substance Abuse Assessment. ... 9
119. Referral For Substance Abuse Assessment. ... 9
120. Substance Abuse Testing. ... 9
121. Consent And Acknowledgment Required Before Substance Abuse Testing. ... 9
122. Administration Of Substance Abuse Test. ... 9
123. TAFI Approval Before Substance Abuse Screening And Testing Results Known. ... 9
124. Substance Abuse Treatment. ... 10
125. Mandatory TAFI Household Members. ... 10
126. Budgeting For Caretaker Relatives. ... 10
127. Married Child Under Age Eighteen. ... 10
128. Unmarried Parent Under The Age Of Eighteen. ... 10
129. Good Cause Not To Live With Parents. ... 10
130. (Reserved) ... 10
131. Citizenship And Qualified Non-Citizen Criteria. ... 11
132. (Reserved) ... 12
133. Social Security Number (SSN) Requirement. ... 12
134. Residence In Idaho. ... 12
135. -- 141. (Reserved) ... 12
142. School Attendance Responsibility. ... 12
143. -- 146. (Reserved) ... 12
147. Assignment Of Support Rights. ... 12
148. Cooperation Responsibility. ... 12
149. Good Cause For Not Cooperating. ... 12
150. (Reserved) ... 12
151. Paternity Not Established Within Twelve Months. ... 13
152. -- 156. (Reserved) ... 13
157. Applicant Job Search. ... 13
158. (Reserved) ... 13
159. Applicant Voluntary Quit. ... 13
160. Prohibition On Applicant Striking. ... 13
161. -- 162. (Reserved) ... 13
163. Work Activities Responsibility. ... 13
164. Work Activities. ... 13
165. Work Requirements During Substance Abuse Treatment. ... 13
166. Consent To Release Confidential Information. ... 13
167. Failure To Comply With Substance Abuse Screening And Testing Requirements. ... 14
168. Not Complying With Work Activities. ... 14
169. Applying Penalties For Not Complying With Work Activities. ... 14
170. -- 176. (Reserved) ... 14
177. Temporary Absence. ... 14
178. Notification Requirement. ... 14
179. -- 199. (Reserved) ... 14
200. Resource Limit. ... 14
201. Countable Resources. ... 14
202. -- 206. (Reserved) ... 14
207. Vehicles. ... 14
208. Resource Exclusions. ... 15
209. -- 213. (Reserved) ... 15
214. Countable Income. ... 16
215. Excluded Income. ... 16
216. -- 220. (Reserved) ... 18
221. Determining Eligibility. ... 18
222. Converting Income To A Monthly Amount. ... 18
223. Averaging Income. ... 18
224. -- 228. (Reserved) ... 18
229. Self-Employment Income. ... 18
230. Averaging Self-Employment Income. ... 18
231. Calculation Of Self-Employment Income. ... 18
232. Rental Income From Real Property. ... 19
233. -- 239. (Reserved) ... 19
240. Individuals Excluded From Household Size. ... 19
241. Sponsored Non-Citizen. ... 20
242. One-Half Grant Child Support Penalty And School Or Work Penalty. ... 20
243. -- 247. (Reserved) ... 20
248. Maximum Grant Amount. ... 20
249. Grant Amount For Families With No Income. ... 20
250. Grant Amount For Families With Unearned Income. ... 20
251. Work Incentive Table. ... 20
252. Grant Amount For Families With Earned Income. ... 20
253. Prorating Benefits For The Application Month. ... 21
254. Grant Less Than Ten Dollars Not Paid. ... 21
255. -- 259. (Reserved) ... 21
260. Applicant One-Time Cash Payment. ... 21
261. Applicant One-Time Cash Payment Eligibility Criteria. ... 21
262. Participant One-Time Cash Payment. ... 21
263. One-Time Cash Payment Agreement. ... 21
264. Amount Of One-Time Cash Payment. ... 22
265. Ineligibility Period. ... 22
266. Lifetime Eligibility. ... 22
267. -- 299. (Reserved) ... 22
300. Department Notification Responsibility. ... 22
301. Advance Notification Responsibility. ... 22
302. Advance Notification Not Required. ... 22
303. -- 307. (Reserved) ... 22
308. Household Reporting Responsibilities. ... 23
309. Penalty For Failure To Report. ... 23
310. Changes Affecting Eligibility Or Grant Amount. ... 23
311. TAFI Eligibility During Substance Abuse Treatment. ... 23
312. Failure To Comply With Treatment Or Engaging In Substance Abuse After Treatment. ... 23
313. Continuation Of Eligibility For Children. ... 23
314. Protective Payee. ... 23
315. (Reserved) ... 23
316. Underpayment. ... 23
317. Fair Hearing Request. ... 23
318. Continuation Pending Local Hearing Decision. ... 23
319. -- 323. (Reserved) ... 23
324. Intentional Program Violations (IPV). ... 24
325. Deferred Adjudication. ... 24
326. Disqualification For IPV. ... 24
327. Applying Penalties For IPV. ... 24
328. (Reserved) ... 24
329. IPV Overpayments. ... 24
330. IPV Overpayment And Earned Income. ... 24
331. IPV Overpayment Collection. ... 24
332. Notice Of Overpayment. ... 25
333. Inadvertent Household Error And Agency Error TAFI Overpayments. ... 25
334. (Reserved) ... 25
335. Review Of Personal Responsibility Contract And Eligibility. ... 25
336. PRC Modifications. ... 25
337. Not Complying With Conditions Of PRC. ... 25
338. -- 339. (Reserved) ... 25
340. Extended Cash Assistance (ECA). ... 25
341. Extended Cash Assistance Application. ... 25
342. Extended Cash Assistance Additional Eligibility Criteria. ... 25
343. (Reserved) ... 26
344. Extended Cash Assistance Time Limits. ... 26
345. -- 349. (Reserved) ... 26
350. Transitional Assistance. ... 26
351. Transitional Assistance Eligibility Criteria. ... 26
352. (Reserved) ... 26
353. Transitional Assistance Time Limit. ... 26
354. -- 367. (Reserved) ... 27
368. Career Enhancement Assistance. ... 27
369. Career Enhancement Service Plan. ... 27
370. Career Enhancement Assistance Eligibility Criteria. ... 27
371. -- 372. (Reserved) ... 28
373. Funding Restrictions. ... 28
374. Career Enhancement Assistance Time Limit. ... 28
375. Supportive Service Expenditures. ... 28
376. Prohibited Supportive Service Expenditures. ... 28
377. Enhanced Work Services. ... 29
378. -- 999. (Reserved) ... 29
The Idaho Department of Health and Welfare is authorized to adopt rules for the administration of public assistance programs under Section 56-202, Idaho Code, and 45 CFR Parts 260 - 265. (3-17-22)
01. Title. These rules are titled IDAPA 16.03.08, “Temporary Assistance for Families in Idaho (TAFI) Program.” (3-17-22)
02. Scope. These rules provide standards for the administration of the TAFI program. (3-17-22)
03. Purpose. The purpose of these rules are to help participants in the Temporary Assistance for Families in Idaho (TAFI) program to obtain jobs by providing assistance and support. This focus requires more than government alone can or should provide. This program requires relationships where participants, families, local communities and employers work together to help participants obtain employment and achieve self-reliance. Department resources for applicants and participants will be provided in the following priority order, if applicable: Child Support Services (CSS); child care assistance; other Department services such as Medicaid, Food Stamps, Aid to the Aged, Blind and Disabled (AABD); and TAFI. (3-17-22)
In addition to any actions specified in these rules, the Department may audit, investigate and take enforcement action under the provisions of IDAPA 16.05.07, “Investigation and Enforcement of Fraud, Abuse, or Misconduct.” (3-17-22)
01. Agency Error. A benefit error caused by the Department’s action or failure to act. (3-17-22)
02. Applicant. An individual who applies for Temporary Assistance for Families in Idaho. (3-17-22)
03. Assistance. Cash payments, vouchers, and other benefits designed to meet a household’s ongoing basic needs. Assistance includes recurring benefits, such as transportation and child care, conditioned on participation in work activities. (3-17-22)
04. Caretaker Relative. An adult who is a specified relative, other than parents, who has an eligible related child residing with them and who is responsible for the child’s care. Only one (1) child in the household must be related to one (1) of the following specified relatives: brother, sister, aunt/great aunt, uncle/great uncle, grandparent/great grandparent, nephew, niece, cousin, any one (1) of these relationships by half-blood, a step-sibling, or a spouse of a relative by marriage, even if the marriage has ended. (3-17-22)
05. Department. The Idaho Department of Health and Welfare. (3-17-22)
06. Dependent Child. A child under the age of eighteen (18). (3-17-22)
07. Good Cause. The conduct of a reasonably prudent person in the same or similar circumstances, unless otherwise defined in these rules. (3-17-22)
08. Household. A unit of eligible individuals that includes parents, or may include caretaker relatives who have an eligible child residing with them. (3-17-22)
09. Inadvertent Household Error (IHE). A benefit error caused unintentionally by the household. (3-17-22)
10. Noncustodial Parent. A parent legally responsible for the support of a dependent minor child, who does not live in the same household as the child. (3-17-22)
11. Parent. The mother/step-mother or father/step-father of the dependent child. In Idaho, a man is
presumed to be the child’s father if he is married to the child’s mother at the time of conception or at the time of the child’s birth. (3-17-22)
12. Participant. An individual who has signed a Personal Responsibility Contract. (3-17-22)
13. Personal Responsibility Contract (PRC). An agreement negotiated between a household and the Department that is intended to result in self-reliance. (3-17-22)
01. AABD. Aid to the Aged, Blind and Disabled. (3-17-22)
02. CSS. Child Support Services. (3-17-22)
03. ECA. Extended Cash Assistance. (3-17-22)
04. EITC. Earned Income Tax Credit. (3-17-22)
05. HUD. The U.S. Department of Housing and Urban Development. (3-17-22)
06. IPV. Intentional Program Violation. (3-17-22)
07. PRC. Personal Responsibility Contract. (3-17-22)
08. SSN. Social Security Number. (3-17-22)
09. TAFI. Temporary Assistance for Families in Idaho, which is the TANF program in Idaho. (3-17-22)
10. TANF. Temporary Assistance to Needy Families (Federal Program). (3-17-22)
11. VA. Veterans Administration. (3-17-22)
To be eligible for TAFI, an individual must sign an application; provide verification requested by the Department; negotiate and sign a PRC; cooperate in establishing and obtaining support; complete work activities including job search; and meet all other personal responsibility and financial criteria. (3-17-22)
Lifetime eligibility for adults is limited to twenty-four (24) months unless otherwise provided by these rules. When there is more than one (1) adult in the household, the number of months of the adult with the most months of TANF participation will be counted towards the time limit. Any month that a TANF benefit was received in another state after June 30, 1997, counts toward the twenty-four (24) month Idaho time limit, unless the other state reports it did not count the months toward the federal time limit. If during the twenty-four (24) month time limit the Department does not end benefits at the appropriate time and a payment is made in error, the month is not counted towards the twenty-four (24) month time limit. It is counted toward the federal sixty (60) month time limit. (3-17-22)
In determining the number of months of federal TANF or state TAFI participation, the Department will not count any month the adult meets the conditions in Subsections 102.01 and 102.02. (3-17-22)
01. Lived in Indian Country or Alaskan Native Village. The adult lived in Indian country or an Alaskan Native village during the month. (3-17-22)
02. Fifty Percent Not Employed. The most reliable data about the month shows at least one thousand
(1,000) individuals lived in the Indian country unit or Alaskan Native Village and fifty percent (50%) or more of the adults were not employed. (3-17-22)
An individual who is applying for benefits, receiving benefits, or providing additional information as required by this chapter, may do so with the depiction of the individual's name either handwritten, electronic, or recorded telephonically. Such signature serves as intention to execute or adopt the sound, symbol, or process for the purpose of signing the related record. (3-17-22)
The application form must be signed by an adult participant, a legal guardian, or a representative, and received by the Department. A new TAFI application is required if the application was denied for failure to provide verification and more than thirty (30) days have elapsed since the household applied. (3-17-22)
The effective date of the TAFI grant is the date income and resource criteria are met, and a PRC is signed, unless the Department causes a delay, or a later date that is negotiated with the Department. (3-17-22)
The Department will provide notice of substance abuse screening and possible testing to each TAFI applicant. The notice will advise the applicant of the factors listed in Subsections 111.01 through 111.08. (3-17-22)
01. Screening Requirement. The Department conducts substance abuse screening as a condition of receiving TAFI cash assistance. (3-17-22)
02. Testing Requirement. The Department conducts substance abuse testing as a condition for receiving TAFI cash assistance, if screening indicates the applicant is engaged in, or at high risk of, substance abuse. (3-17-22)
03. Treatment Requirement. Participants must enter a substance abuse treatment program and cooperate with treatment, if screening, assessment or testing shows them in need of substance abuse treatment. (3-17-22)
01. Multiple TAFI Benefits. If individuals in a household unit are potentially eligible for TAFI benefits, only one (1) TAFI cash benefit is allowed in the same month for the household unit. (3-17-22)
02. Multiple Program Benefits. If an individual is potentially eligible for either TAFI or AABD, only one (1) program may be chosen. If a child is potentially eligible for either TAFI or foster care, only one (1) program may be chosen. No individual may be eligible for benefits as a member of more than one (1) household in the same month. (3-17-22)
03. Program Benefits from Another State. Individuals cannot receive TAFI benefits from Idaho and TANF benefits from another state in the same month. (3-17-22)
A personal responsibility contract must be negotiated and signed by the mandatory adult household members defined under Section 125 of these rules, with all application activities completed before eligibility can be approved. The household must continue to comply with ongoing personal responsibility contract requirements to remain eligible. (3-17-22)
A Department approved substance abuse contractor will conduct screening to evaluate a participant’s need for testing. The contractor will use a screening instrument approved by the Department as a valid and reliable indicator of possible substance abuse. The contractor must have adequate training in the recognition of substance abuse, use of the screening instrument, and interpretation of results. When found necessary by the contractor, the assessment process will include substance abuse testing. The contractor will interpret the results. (3-17-22)
The Department will refer the participant for assessment when screening results indicate a reasonable suspicion the participant is engaged in, or at high risk of, substance abuse. A Department approved substance abuse contractor will conduct the assessment. (3-17-22)
Idaho law requires substance abuse testing of any TAFI applicant or recipient, if the Department has a reasonable suspicion they are engaged in, or at high risk of, substance abuse. Testing will be conducted if screening and assessment give a reasonable suspicion the participant is engaged in substance abuse. TAFI participants must comply with substance abuse testing as a condition of eligibility. (3-17-22)
Before taking a substance abuse test, the participant must sign a consent for testing. The participant will be asked, but not required, to advise the person administering the test of the use of any over-the-counter or prescription drugs. This information will be considered in the results of the drug test. The participant must acknowledge, in writing, they received and understands the notice elements listed this Section and Section 111 of these rules. (3-17-22)
A Department approved contractor will administer the substance abuse test. The contractor must have training, through a licensed laboratory, in correct procedures for specimen collection and chain of custody. Specimen collection will be documented including labeling containers to prevent erroneous drug test results. The contractor must perform specimen collection, storage, and transportation to the laboratory site in a manner preventing specimen contamination or adulteration. A licensed laboratory will evaluate specimens. The laboratory will analyze specimens for controlled substances and alcohol. (3-17-22)
01. Specimen Collection Procedures. The contractor must collect the specimen for substance abuse testing with due regard for the privacy of the participant providing the specimen and in a manner preventing substitution or contamination of the specimen. (3-17-22)
02. Test Results. The Department will evaluate the results of the substance abuse test, before notifying the participant of them. The Department will evaluate all positive test results to verify the specimen was collected, transported, and analyzed under proper procedures. The Department will determine if other circumstances caused the positive test result. The Department will review and confirm medical information provided by the applicant. After this evaluation is complete, the Department will notify the participant of the test results. If the test result is positive, the Department will inform the participant of available substance abuse treatment programs, and of the requirement for treatment to be TAFI eligible. (3-17-22)
03. Request for New Test. Within ten (10) calendar days of notice of a positive test result, the participant can request a new test. The participant must notify the Department in writing of the intent to challenge the test results. For those participants approved for TAFI, benefits will continue during the re-test process. (3-17-22)
Applicants may be approved for TAFI, if otherwise eligible, when they agree to substance abuse screening. They must complete the screening instrument and if required, participate in a substance abuse assessment. This includes providing a specimen for testing, if needed as part of the assessment process. The applicant should complete these steps within fifteen (15) calendar days of approval. If the process takes longer than fifteen (15) calendar days, through no fault of the applicant, TAFI may be approved if the participant is cooperative in satisfying their substance abuse screening requirements. (3-17-22)
If substance abuse screening, assessment or testing shows the participant needs substance abuse treatment, the Department will require the participant to enter a substance abuse treatment program and cooperate with treatment. Treatment will be provided at no cost to TAFI participants. Treatment will be community based and gender specific. The Department will provide for the participant's transportation and child care needs if necessary. (3-17-22)
Individuals who must be included in the household are listed in the following: (3-17-22)
01. Children. Children under the age of eighteen (18) must reside with a parent or caretaker relative who exercises care and control of them. A dependent child's brother or sister, including half (1/2) siblings, living in the same home as the dependent child will be included in the household. Children receiving Supplemental Security Income (SSI) are excluded from the household. (3-17-22)
02. Parents. Parents, as defined in Section 010 of these rules, who have an eligible child residing with them. (3-17-22)
03. Pregnant Woman. A pregnant woman with no other children who is in at least the third calendar month before the baby is due and is unable to work due to medical reasons. (3-17-22)
04. Spouses. Anyone related by marriage to another mandatory household member. (3-17-22)
Individuals who may be eligible are listed in Subsections 126.01 and 126.03 of this rule. (3-17-22)
01. Relatives. Adult specified relatives other than parents who have an eligible related child residing with them and who are responsible for the child's care. Only one (1) child in the household must be related to one (1) of the specified caretaker relatives defined in Section 010 of these rules. (3-17-22)
02. Caretaker Relative Applying Only for Relative Child. When a caretaker relative applies only for a relative child, only the child's income is counted. (3-17-22)
03. Multiple Children. When multiple children are included in the household unit and any child receives Supplemental Security Income, that income is not counted in the determination of the grant amount. (3-17-22)
A married child under age eighteen (18) is no longer considered a dependent child. The child's subsequent separation, divorce or annulment does not change that status. (3-17-22)
An unmarried parent under age eighteen (18) must live with their parents, unless good cause is established. Two (2) unmarried parents under the age of eighteen (18), with a child in common, can choose to live with the parents of the unmarried father or the unmarried mother. (3-17-22)
Good cause reasons are required for unmarried parents under age eighteen (18) to not live with their parents. (3-17-22)
To be eligible, an individual must be a member of one (1) of the groups listed in Subsections 131.01 through 131.10 of this rule. (3-17-22)
01. U.S. Citizen. A U.S. Citizen; or (3-17-22)
02. U.S. National, National of American Samoa or Swains Island. A U. S. National, National of American Samoa or Swains Island; or (3-17-22)
03. Full-Time Active Duty U.S. Armed Forces Member. A qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c) currently on full-time active duty with the U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S. Navy or U.S. Coast Guard, or a spouse or unmarried dependent child of the U.S. Armed Forces member; or (3-17-22)
04. Veteran of the U.S. Armed Forces. A qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c) honorably discharged from the U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S. Navy or U.S. Coast Guard for a reason other than their citizenship status or a spouse, including a surviving spouse who has not remarried, or an unmarried dependent child of the veteran; or (3-17-22)
05. Non-Citizen Entering the U.S. Before August 22, 1996. A non-citizen who entered the U.S. before August 22, 1996, and is currently a qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c); or (3-17-22)
06. Non-Citizen Entering on or After August 22, 1996. A non-citizen who entered on or after August 22, 1996, and (3-17-22)
a. Is a refugee admitted into the U.S. under 8 U.S.C. 1157, and can be eligible for seven (7) years from their date of entry; or (3-17-22)
b. Is an asylee granted asylum into the U.S. under 8 U.S.C. 1158, and can be eligible for seven (7) years from the date their asylee status is assigned; or (3-17-22)
c. Is an individual whose deportation or removal from the U.S. has been withheld under 8 U.S.C. 1253 or 1231(b)(3) as amended by Section 305(a) of Division C of Public Law 104-208, and can be eligible for seven (7) years from the date their deportation or removal was withheld; or (3-17-22)
d. Is an Amerasian immigrant admitted into the U.S. under 8 U.S.C. 1612(b)(2)(A)(i)(V), and can be eligible for seven (7) years from the date of entry; or (3-17-22)
e. Is a Cuban or Haitian entrant to the U.S. under Section 501(e) of the Refugee Assistance Act, and can be eligible for seven (7) years from their date of entry; or (3-17-22)
07. Qualified Non-Citizen Entering on or After August 22, 1996. A qualified non-citizen under 8 U.S.C. 1641(b) or (c), entering the U.S. on or after August 22, 1996, and who has had a qualified non-citizen status for at least five (5) years; or (3-17-22)
08. Victim of Severe Form of Trafficking. A victim of a severe form of trafficking in persons, as defined in 22 U.S.C. 7102(13); who meets one (1) of the following: (3-17-22)
a. Is under the age of eighteen (18) years; or (3-17-22)
b. Is certified by the U.S. Department of Health and Human Services as willing to assist in the investigation and prosecution of a severe form of trafficking in persons; and (3-17-22)
i. Has made a bona fide application for a temporary visa under 8 U.S.C. 1104(a)(15)(T), which has not been denied; or (3-17-22)
ii. Is remaining in the U.S. to assist the U.S. Attorney General in the prosecution of traffickers in persons. (3-17-22)
09. Afghan Special Immigrants. An Afghan special immigrant, as defined in Public Law 111-118, who has special immigration status after December 26, 2007, is eligible from the date they enter into the U.S. as a special immigrant or the date they convert to the special immigrant status. (3-17-22)
10. Iraqi Special Immigrants. An Iraqi special immigrant, as defined in Public Law 111-118, who has special immigration status after January 28, 2008, is eligible from the date they enter the U.S. as a special immigrant or the date they convert to the special immigrant status. (3-17-22)
132. (RESERVED)
An applicant must provide their Social Security Number (SSN), or proof they have applied for an SSN, to the Department before approval of eligibility, unless good cause exists. If the applicant has more than one (1) SSN, all numbers must be provided. The SSN will be verified by the Social Security Administration (SSA) electronically. When an SSN is unverified, the applicant is not eligible for TAFI benefits. The Department will notify the applicant in writing if eligibility is being denied or lost for failure to meet the SSN requirement. (3-17-22)
Individuals must live in the state of Idaho, have no immediate intention of leaving, and cannot be a resident of another state. (3-17-22)
135. -- 141. (RESERVED)
School age children included in the household must attend school until they reach age eighteen (18). A fifty dollar ($50) penalty per month, per child, will be subtracted from the grant if a dependent child does not attend school. This penalty does not apply if the child is participating in work activities outlined in the PRC. (3-17-22)
143. -- 146. (RESERVED)
The parent, or the caretaker relative included in the grant, is required by law to assign to the State their rights to child support payments for the household to be eligible for TAFI. The State will retain all child support collections up to the amount of assistance that the household receives. This assignment only applies to the period of time the household is receiving TAFI. (3-17-22)
For the household to be eligible, a parent, or a caretaker relative included in the grant, must cooperate with the Department to identify and locate any non-custodial parent, establish paternity, and establish, modify and enforce the child support order, unless good cause exists. (3-17-22)
Good cause for not cooperating with Child Support Services (CSS) includes: (3-17-22)
01. Rape or Incest. Proof is provided that the child was conceived as a result of incest or rape. (3-17-22)
02. Physical or Emotional Harm. Proof is provided that the non-custodial parent may inflict physical or emotional harm to the children, the custodial parent or the caretaker relative. (3-17-22)
03. Minimum Information Cannot Be Provided. Substantial and credible proof is provided indicating the participant cannot provide the minimum information regarding the non-custodial parent. (3-17-22)
150. (RESERVED)
If information is provided but paternity is not established within twelve (12) months from the effective date of the application or the birth of a child, whichever is later, the grant is reduced by fifty percent (50%), unless the delay is caused by the Department or a third party. When determining the twelve (12) months, the Department will count only months the household received TAFI. (3-17-22)
Before the application can be approved, adult applicants will be required to engage in job search activities, unless good cause is established. (3-17-22)
The household is not eligible for ninety (90) days from the date any adult household member has voluntarily quit the most recent job of twenty (20) or more hours per week without good cause, within sixty (60) days of the application date. (3-17-22)
When any applicant adult household member is on strike, the entire household is not eligible. A strike is a concerted stoppage or slowdown of work by employees. (3-17-22)
All adult mandatory household members must participate in work activities, up to forty (40) hours per week. A child between the ages of sixteen (16) and eighteen (18), who is not attending school, must participate up to forty (40) hours per week in assigned work activities. A single custodial parent of a child less than six (6) years of age is not required to participate in a work activity if one of the reasons listed in Subsections 163.01 through 163.03 occurs. (3-17-22)
01. Reasonable Distance. Appropriate child care is not available within a reasonable distance from the participant’s home or work site. (3-17-22)
02. Relative Child Care. Informal child care by relatives or others is not available or is unsuitable. (3-17-22)
03. Child Care Not Available. Appropriate and affordable child care is not available. (3-17-22)
Work activities include paid work, including self-employment that produces earnings of at least the federal minimum wage; unpaid work; community service; work search activities; education leading to high school diploma or equivalency; work preparation education; vocational or job skills training; and other activities that improve the ability to obtain and maintain employment or support self-reliance. (3-17-22)
The Department may require participants to engage in appropriate work activities during substance abuse treatment. The treatment program will judge the work activities to be appropriate to the participant’s treatment plan. Negotiation of the Personal Responsibility Contract between the participant, the Department and the Treatment program will include the work activities. (3-17-22)
Participants entering a substance abuse treatment program must sign a consent to release program information to the Department. The treatment program will only release substance abuse treatment information to report participant progress. (3-17-22)
TAFI applicants or participants refusing to cooperate with substance abuse screening, assessment, testing or treatment are ineligible. (3-17-22)
Each time an adult does not comply with work activity requirements in the PRC, without good cause, it is counted as an occurrence. The household is subject to the penalties, based on the number of occurrences, as listed in Subsections 168.01 through 168.03. (3-17-22)
01. First Occurrence. The household is ineligible for one (1) month or until compliance, whichever is longer. (3-17-22)
02. Second Occurrence. The household is ineligible for three (3) months or until compliance, whichever is longer. (3-17-22)
03. Third Occurrence. The household is ineligible for lifetime. (3-17-22)
Work activity penalties are applied as listed in Subsections 169.01 through 169.02. (3-17-22)
01. Household Penalty. Penalties apply to the entire household, but the number of individual occurrences follows the individual. The penalty period for the household is the greatest number of any individual's occurrences. If the individual leaves the household, any period of ineligibility caused by that individual ends. If an adult who does not comply returns or joins another household, any remaining period of ineligibility resumes. (3-17-22)
02. Work Activity Penalty. A fifty dollar ($50) penalty per month, per child, will be subtracted from the household grant when a child sixteen (16) years of age or older does not comply with work activities, as long as the child resides with the household. (3-17-22)
170. -- 176. (RESERVED)
Eligible individuals may be temporarily absent from the home for a reasonable period not to exceed one hundred eighty (180) days. (3-17-22)
The Department will notify the household, in writing, of the approval or denial of the application and the right of appeal, if applicable. (3-17-22)
179. -- 199. (RESERVED)
The total of the entire household's countable resources must not be greater than five thousand dollars ($5,000) in any month. Resources are money, financial instruments, vehicles, and real property. (3-17-22)
Resources are countable when the household has a legal interest in the resource and can take action to obtain or dispose of the resource. Except for vehicles, the fair market value of the resource less all liens, mortgages, or other encumbrances, is the countable amount of the resource. (3-17-22)
202. -- 206. (RESERVED)
The Department counts the resource value of a vehicle as described in Subsections 207.01 and 207.02 of these rules
as long as the vehicle is used primarily for transportation and not for recreational use. The value of any vehicle that is primarily for recreational use counts toward the household’s resource limit. (3-17-22)
01. Exclude One Vehicle Per Adult. The value of one (1) vehicle per adult in the TAFI household is excluded beginning with the highest valued vehicle. (3-17-22)
02. All Other Vehicles Subject to Federal Regulations. All other vehicles in the household will have their values counted as provided in the Federal Food Stamp Program under 7 CFR 273.8. (3-17-22)
The resources listed in Subsections 208.01 through 208.14 of this rule, are excluded. (3-17-22)
01. Home and Lot. The household’s home, surrounding land and buildings not separated by property owned by others. A public road or right of way that separates any plot from the home does not affect the exclusion. (3-17-22)
02. Household Goods. Household goods are items of personal property normally found in the home. The items will be used for maintenance, use, and occupancy of the home. Household goods include furniture, appliances, television sets, carpets, and utensils for cooking and eating. (3-17-22)
03. Personal Effects. Personal effects are items worn or carried by a participant, or items having an intimate relation to the participant. Personal effects include clothing, jewelry, personal care items, and prosthetic devices. Personal effects also include items for education or recreation, such as books, musical instruments, or hobby materials. (3-17-22)
04. Building Lot. One (1) unoccupied lot and one (1) partially built home. Only one (1) home and one (1) lot can be excluded. (3-17-22)
05. Unoccupied Home. A home temporarily unoccupied due to employment, training, medical care or treatment and natural disasters. (3-17-22)
06. Home Loss or Damage Insurance Settlements. An insurance settlement awarded to a household for home loss or damage, for twelve (12) months from the date of receipt. (3-17-22)
07. Income Producing Property. Real property that annually produces income consistent with its fair market value. (3-17-22)
08. Equipment Used in a Trade or Business. Equipment used in a trade or business or reasonably expected to be used within one (1) year from their most recent use. (3-17-22)
09. Contracts. A mortgage, deed of trust, promissory note, or any other form of sales contract if the purchase price and income produced are consistent with the property’s fair market value. (3-17-22)
10. Life Insurance. The cash surrender value of a life insurance policy. (3-17-22)
11. Native American Payments. To the extent authorized, payments or purchases made with payments authorized by law based on Native American ancestry. (3-17-22)
12. Funeral Agreements. The cash value of an irrevocable funeral agreement. (3-17-22)
13. Education Accounts. Account with funds legally identified as monies to pay for educational expenses. (3-17-22)
14. Retirement and Tax Preferred Accounts. Accounts legally identified as monies for retirement. (3-17-22)
209. – 213. (RESERVED)
All earned and unearned income is counted in determining eligibility and grant amount, unless specifically excluded by rule. (3-17-22)
The types of income listed in Subsections 215.01 through 215.40 of this rule, are excluded. (3-17-22)
1. 22. Home Energy Assistance. Home energy assistance payments under Public Law 100-203, Section 9101. (3-17-22)
2. 23. Utility Reimbursement Payment. Utility reimbursement payments. (3-17-22)
3. 24. Housing Subsidies. An agency or housing authority pays a portion of or all of the housing costs for a participant. (3-17-22)
4. 25. Housing and Urban Development (HUD) Interest. Interest earned on HUD household self-sufficiency escrow accounts established by Section 544 of the National Affordable Housing Act. (3-17-22)
5. 26. Native American Payments. Payments authorized by law made to people of Native American ancestry. (3-17-22)
6. 27. Educational Income. Educational income includes deferred repayment education loans, grants, scholarships, fellowships, and veterans' educational benefits. The school attended must be a recognized institution of post secondary education, a school for the handicapped, a vocational education program, or a program providing completion of a secondary school diploma, or equivalent. (3-17-22)
7. 28. Work Study Income of Student. College work study income. (3-17-22)
8. 29. VA Educational Assistance. VA Educational Assistance. (3-17-22)
9. 30. Senior Volunteers. Senior volunteer program payments to individual volunteers under the Domestic Volunteer Services Act of 1979, 42 U.S.C. Sections 4950 through 5085. (3-17-22)
10. 31. Relocation Assistance. Relocation assistance payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (3-17-22)
11. 32. Disaster Relief. Disaster relief assistance paid under the Disaster Relief Act of 1974 and aid provided under any federal statute for a President-declared disaster. Comparable disaster assistance provided by states, local governments, and disaster assistance organizations. (3-17-22)
12. 33. Radiation Exposure Payments. Payments made to persons under the Radiation Exposure Compensation Act. (3-17-22)
13. 34. Agent Orange. Agent Orange settlement payments. (3-17-22)
14. 35. Spina Bifida. Spina bifida allowances paid to children of Vietnam veterans. (3-17-22)
15. 36. Japanese-American Restitution Payments. Payments by the U.S. Government to Japanese-Americans, their spouses, or parents (or if deceased to their survivors) interned or relocated during World War II. (3-17-22)
16. 37. Vista Payments. Volunteers in Service to America (VISTA) payments. (3-17-22)
17. 38. Subsidized Employment. Employment for which the employer receives a subsidy from public funds to offset a portion or all of the wages and costs of employing an individual. This type of employment is a short-term placement, pays prevailing wage, and a specific skill is acquired. The employment is prescribed through a memorandum of agreement with no guarantee of permanent employment for the participant. (3-17-22)
18. 39. Temporary Census Income. All wages paid by the Census Bureau for temporary employment related to U.S. Census activities are excluded for a time period not to exceed six (6) months during the regularly scheduled ten (10) year U.S. Census. (3-17-22)
19. 40. Income Excluded By Federal Law. Income excluded by federal law is not counted in determining
income available to the participant.
(3-17-22)
216. -- 220. (RESERVED)
221. DETERMINING ELIGIBILITY.
To determine initial and continuing eligibility, the countable monthly income that is or will be available to the household is used in the calculation of the grant. (3-17-22)
222. CONVERTING INCOME TO A MONTHLY AMOUNT.
Income received more often than once a month is converted to a monthly amount as listed in Subsections 222.01 through 222.03, if a full month's income is anticipated. Figures are not rounded when income is converted to a monthly amount. (3-17-22)
01. Weekly Payments. The projected weekly payment is multiplied by four point three (4.3). (3-17-22)
02. Biweekly Payments. The projected bi-weekly amount is multiplied by two point one five (2.15). (3-17-22)
03. Semi-Monthly Payments. The projected semi-monthly amount is multiplied by two (2). (3-17-22)
223. AVERAGING INCOME.
Income may be averaged for participants who receive income from a contract, from self-employment, or any other income that is intended to cover more than one (1) month, if it is expected to continue. The income is averaged over the number of months it is intended to cover. (3-17-22)
224. -- 228. (RESERVED)
229. SELF-EMPLOYMENT INCOME.
For the purposes of these rules, self-employment income is from a business that is a sole proprietorship. A sole proprietorship is a business owned by one (1) person. (3-17-22)
230. AVERAGING SELF-EMPLOYMENT INCOME.
01. Annual Self-Employment Income. When self-employment income is considered annual support by the household, the Department averages the self-employment income over a twelve (12) month period, even if: (3-17-22)
a. The income is received over a shorter period of time than twelve (12) months; and (3-17-22)
b. The household receives income from other sources in addition to self-employment. (3-17-22)
02. Seasonal Self-Employment Income. A seasonally self-employed individual receives income from self-employment during part of the year. When self-employment income is considered seasonal, the Department averages self-employment income for only the part of the year the income is intended to cover. (3-17-22)
231. CALCULATION OF SELF-EMPLOYMENT INCOME.
The Department calculates self-employment income by adding monthly income to capital gains and subtracting a deduction for expenses as determined in Subsection 231.03 of this rule. (3-17-22)
01. How Monthly Income is Determined. If no income fluctuations are expected, the average monthly income amount is projected for the certification period. If past income does not reflect expected future income, a proportionate adjustment is made to the expected monthly income. (3-17-22)
02. Capital Gains Income. Capital gains include profit from the sale or transfer of capital assets used in self-employment. The Department calculates capital gains using the federal income tax method. If the household expects to receive any capital gains income from self-employment assets during the certification period, this amount
is added to the monthly income, as determined in Subsection 231.01 of this rule, to determine the gross monthly income. (3-17-22)
03. Self-Employment Expense Deduction. The Department uses the standard self-employment deduction in Subsection 231.03.a. of this rule, unless the applicant claims that their actual allowable expenses exceed the standard deduction and provides proof of the expenses described in Subsection 231.03.b. of this rule. (3-17-22)
a. The self-employment standard deduction is determined by subtracting fifty percent (50%) of the gross monthly self-employment income as determined in Subsections 231.01 and 231.02 of this rule; or (3-17-22)
b. The self-employment actual expense deduction is determined by subtracting the actual allowable expenses from the gross monthly self-employment income. The following items are not allowable expenses and may not be subtracted from the gross monthly self-employment income: (3-17-22)
i. Net losses from previous tax years; (3-17-22) ii. Federal, state, and local income taxes; (3-17-22) iii. Money set aside for retirement; (3-17-22) iv. Work-related personal expenses such as transportation to and from work; and (3-17-22) v. Depreciation. (3-17-22)
232. RENTAL INCOME FROM REAL PROPERTY.
If a household member is managing the property twenty (20) hours or more per week, the rental income minus rental costs is earned income. If a household member is managing the property less than twenty (20) hours per week, the rental income minus rental costs is unearned income. Rental costs do not include the principal portion of the mortgage payment, depreciation or depletion, capital payments, and personal expenses not related to the rental income. (3-17-22)
233. -- 239. (RESERVED)
240. INDIVIDUALS EXCLUDED FROM HOUSEHOLD SIZE.
Individuals listed in Subsections 240.01 through 240.06 are excluded from the household size in determining eligibility and grant amount. Income and resources of these ineligible household members are counted unless otherwise excluded in Section 215 of these rules. (3-17-22)
01. Ineligible Non-Citizens. Individuals who are non-citizens and are not listed in Section 131. (3-17-22)
02. With Drug Related Conviction. Individuals convicted under federal or state law of any offense classified as a felony involving the possession, use or distribution of a controlled substance, when they do not comply with the terms of a withheld judgment, probation or parole, and whose felony occurred after August 22, 1996. (3-17-22)
03. Fleeing Felons. Felons who are fleeing to avoid prosecution, custody or confinement after conviction of a felony or an attempt to commit a felony. (3-17-22)
04. Felons Violating a Condition of Probation or Parole. Felons who are violating a condition of probation or parole imposed for a federal or state felony. (3-17-22)
05. Convicted of Fraudulent Misrepresentation of Residency. Individuals convicted in a federal or state court of fraudulently misrepresenting residence to get TANF, AABD, Food Stamps, Medicaid or SSI from two (2) or more states at the same time are ineligible for ten (10) years from the date of conviction. (3-17-22)
06. Children Receiving Supplemental Security Income (SSI). A child who is receiving
Supplemental Security Income (SSI).
(3-17-22)
The income and resources of a legal non-citizen’s sponsor and the sponsor’s spouse are counted in determining eligibility and grant amount in accordance with applicable federal law.
(3-17-22)
If the grant amount is reduced by fifty percent (50%) for not establishing paternity within twelve (12) months and there are one (1) or more penalties for not attending school or work, the child support penalty is calculated first.
(3-17-22)
The maximum grant is three hundred nine dollars ($309).
(3-17-22)
The grant amount for eligible families with no income is the maximum grant minus penalties, if applicable.
(3-17-22)
The grant amount for eligible families with unearned income only is the maximum grant minus the unearned income, and penalties if applicable.
(3-17-22)
Work Incentive Table 251 is used in the calculation of the grant amount for households with earned income.
| WORK INCENTIVE TABLE 251 | |
|---|---|
| Number of Household Members | Monthly Amount |
| 1 | $309 |
| 2 | $309 |
| 3 | $389 |
| 4 | $469 |
| 5 | $547 |
| 6 | $628 |
| 7 | $708 |
| 8 | $787 |
| 9 | $867 |
| 10 | $947 |
| Over 10 Persons | Add $80 Each |
(3-17-22)
For eligible families with earned income, an amount is calculated by subtracting sixty percent (60%) of gross earned income, one hundred percent (100%) of any unearned income, and applicable penalties from the figure in the Work Incentive Table based on the household size. The grant amount is the result of this calculation rounded to the next lowest dollar or the maximum grant, whichever is less.
(3-17-22)
The grant amount is prorated from the effective date. (3-17-22)
A payment is not made when the grant amount is less than ten dollars ($10). (3-17-22)
An applicant household may be eligible for a one-time cash assistance payment for any emergency need. The household must meet the income criteria in the first month of the one-time cash payment, but all income is excluded in calculating the monthly one-time cash payment amount. Eligibility criteria, except SSN, are verified at the discretion of the Department. (3-17-22)
The applicant household must meet the following requirements: (3-17-22)
01. SSN. Provide SSN, or proof of application for an SSN, for each adult household member. (3-17-22)
02. Dependent Child. Have a dependent child or a pregnant woman in her last trimester who is medically unable to work. (3-17-22)
03. Residence. Live in Idaho with no adults in the household receiving a TANF payment in the same month from another state. (3-17-22)
04. Voluntary Quit. No adult household member who has voluntarily quit their most recent employment within sixty (60) days or has been on strike. (3-17-22)
05. Income and Resources. Be income eligible for TAFI without resources to meet the need. (3-17-22)
06. Period of Ineligibility. Not be in a period of TAFI ineligibility. (3-17-22)
07. Agreement. Complete a one-time cash agreement. (3-17-22)
08. Episode of Need Restriction. For households receiving Career Enhancement services or Emergency Assistance, no receipt of one-time cash payment for the same episode of need. (3-17-22)
A participant household may be eligible for a one-time cash assistance payment to obtain or maintain employment. A participant household must have at least two (2) months of the twenty-four (24) month TAFI time limit remaining for each month of the one-time cash payment. The participant household’s income is excluded in calculating the monthly one-time cash payment amount. The participant household’s PRC must be modified to include the one-time cash payment agreement. (3-17-22)
The one-time cash agreement must include the information listed in Subsections 263.01 through 263.05. (3-17-22)
01. Reason. The reason for the one-time cash payment. (3-17-22)
02. Number of Months. The number of months included in the one-time cash payment. (3-17-22)
03. Penalty Months. The number of penalty months subtracted from the household’s twenty-four (24) month time limit. (3-17-22)
04. Remaining Months. The number of months remaining in the twenty-four (24) month time limit. (3-17-22)
05. Ineligibility Period. The months the household will not be eligible for TAFI. (3-17-22)
The amount of the one-time cash payment is the amount of need or up to three (3) times the maximum monthly grant amount. (3-17-22)
A household who receives a one-time cash payment is ineligible for the number of full or partial months for which the one-time cash payment is made and one (1) additional month for each month included in the one-time cash payment. An applicant household who receives a one-time cash payment is ineligible for TAFI beginning the month of the one-time cash payment. A participant household who receives a one-time cash payment is ineligible for TAFI beginning the month after TAFI ends due to the one-time cash payment. The ineligibility period counts toward the twenty-four (24) month time limit. (3-17-22)
A household can be eligible for a one-time cash payment only once in a lifetime in Idaho. (3-17-22)
Notification will be provided to a household whenever eligibility or the grant amount changes. The notification will state the effective date and the reason for the action, the rule that supports the action, and the household's appeal rights. Notification may be delivered to the customer by hand, U.S. Mail, professional delivery service, or by any electronic means. (3-17-22)
Whenever a reported change results in a grant closure or decrease, the Department will provide notification at least ten (10) calendar days before the effective date of the action. (3-17-22)
Notification must be provided by the date of the action, but advance notification is not required in the following circumstances: (3-17-22)
01. Household Request. The household requests closure of the grant. (3-17-22)
02. Household Member in Institution. A household member is admitted or committed to an institution. (3-17-22)
03. Household's Address Unknown. The household's whereabouts are unknown and Department mail is returned showing no known forwarding address. (3-17-22)
04. TANF Received in Another State. A household member is receiving TANF in another state. (3-17-22)
05. Child Removed. A child household member is removed from the home due to a judicial determination. (3-17-22)
06. Intentional Program Violation (IPV). An IPV disqualification begins the first month after the month the member receives written notice of disqualification. (3-17-22)
07. Failure to Comply with Personal Responsibility Contract. A participant fails to comply with activities agreed to in the participant's Personal Responsibility Contract. (3-17-22)
The household must report changes in circumstances to the Department, either verbally or in writing, within ten (10) calendar days from the date the change becomes known, unless good cause is established. (3-17-22)
When a household member does not report a change in income, resources or household composition, without good cause, the household is ineligible as follows: (3-17-22)
01. First Occurrence. The household is ineligible for one (1) month. (3-17-22)
02. Additional Occurrence. The household is ineligible for three (3) months. (3-17-22)
If a household reports a change that results in an increase, the grant will be increased effective the month after the month of report. If a household reports a change that results in a decrease, the grant is decreased or ended effective the first month after advance notice to the household, unless the change does not require advance notice. (3-17-22)
A participant may receive TAFI after showing a positive test result. They must agree to enter treatment and meet all other eligibility factors. Participants continuing to meet TAFI eligibility factors will remain eligible during substance abuse treatment. A participant absent from the home, due to residential treatment, continues to be a member of the TAFI assistance unit. (3-17-22)
The Department will deny TAFI benefits to any participant who leaves treatment before being released, or engages in substance abuse following treatment. (3-17-22)
A dependent child's eligibility for TAFI is not affected if an adult in the assistance unit is ineligible for refusal to comply with the substance abuse screening, testing or treatment. (3-17-22)
If an adult in the assistance unit is ineligible for TAFI for failure to comply with substance abuse screening, testing or treatment requirements, the Department may establish a protective payee for the benefit of the child. If the adult refuses to cooperate in establishing an appropriate protective payee for the child, the Department may appoint one. (3-17-22)
If the Department is at fault for issuing a payment less than the household should have received, the Department issues a supplemental benefit for the difference. (3-17-22)
A household may request a fair hearing to contest a Department decision. The household must make the request for a fair hearing within thirty (30) days from the date the notification was mailed by the Department. (3-17-22)
The household may continue to receive assistance during the hearing process if the Department receives the request for continued benefits within ten (10) days from the date the notification was mailed. Assistance will be continued at the current month's level while the hearing decision is pending, unless the twenty-four (24) month limit is reached or another change affecting the household's eligibility occurs, including failure to cooperate with requirements of the Personal Responsibility Contract while waiting for the Fair Hearing decision. (3-17-22)
An IPV is an intentionally false or misleading action or statement made to establish or maintain eligibility. The Department investigates and refers appropriate cases for IPV determination, which may include a referral for the prosecution of fraud. An IPV will be established as follows: (3-17-22)
01. Admission. When a household member admits the IPV in writing and waives the right to an administrative hearing. (3-17-22)
02. Hearing. By an administrative hearing. (3-17-22)
03. Court Decision. By a court decision. (3-17-22)
04. Deferred Adjudication. By deferred adjudication. (3-17-22)
Deferred adjudication exists when either of the following is met: (3-17-22)
01. Meets Terms of Court Order. The court does not issue a determination of guilt because the accused household member meets the terms of a court order. (3-17-22)
02. Agreement with Prosecutor. The court does not issue a determination of guilt because the accused household member meets the terms of an agreement with the prosecutor. (3-17-22)
The entire household is ineligible for the following periods on findings of an IPV for: (3-17-22)
01. First Offense. Twelve (12) months for the first IPV or fraud offense, or the length of time specified by the court. (3-17-22)
02. Second Offense. Twenty-four (24) months for the second IPV or fraud offense, or the length of time specified by the court. (3-17-22)
03. Third Offense. Permanent disqualification when a third or subsequent offense is committed, or for the length of time specified by the court. (3-17-22)
IPV penalties apply to the entire household, but the number of individual occurrences follows the individual. The penalty period for the household is the greatest number of any individual’s occurrences. If the individual leaves the household, any period of ineligibility caused by that individual ends. If an individual serving an IPV penalty returns to the household or joins another household, the remaining period of ineligibility is applied to the household. (3-17-22)
An IPV overpayment is the portion of a monthly TAFI payment issued to a household that exceeds the amount for which the household is eligible. The overpayment must result from an IPV established as described in Section 324. (3-17-22)
If the IPV is the result of the household’s failure to report earned income, the Department will use one hundred percent (100%) of the household’s earned income to calculate the IPV overpayment. (3-17-22)
The Department will take all reasonable steps to collect an IPV overpayment. The remaining adult household members are responsible for an IPV overpayment resulting from one (1) member’s IPV, regardless of the household’s
current TAFI eligibility.
(3-17-22)
The Department will notify the participant when an overpayment exists. The notice will inform the participant of mandatory recovery, the right to a hearing, the method for repayment and the need to arrange a repayment interview.
(3-17-22)
An overpayment exists when a household receives a TAFI payment that exceeds the amount they were eligible to receive. The Department will establish a claim against the household, to recover the value of the overpaid TAFI benefit.
(3-17-22)
01. Inadvertent Household Error (IHE). An IHE is an error caused by an adult household member, without intent to cause an overpayment, which results in an overpayment. Examples of IHE claims are:
(3-17-22)
a. Failure to Give Information. A household, without intent to cause an overpayment, fails to give correct or complete information.
(3-17-22)
b. Failure to Report a Change that was required to be reported. A household, without intent to cause an overpayment, fails to report changes or to report at all.
(3-17-22)
c. Failure to Comply. A household, without intent to cause an overpayment, fails to comply due to a language barrier, educational level, or not understanding written or verbal instructions.
(3-17-22)
d. Benefits Paid Pending a Hearing. A household gets continued TAFI pending a fair hearing decision and the hearing decision, when made, is against the household.
(3-17-22)
02. Agency Error (AE). An agency error overpayment claim results from an overpayment caused by a Department action, or failure to act.
(3-17-22)
The PRC and eligibility are reviewed on an ongoing basis and when a change occurs that may affect eligibility.
(3-17-22)
If the participant cannot meet a PRC condition, the participant must notify the Department. Either the participant or the Department may initiate renegotiation or modification of the PRC when conditions change.
(3-17-22)
If the participant does not comply with a requirement of the PRC, without good cause, the penalty specified in the rules addressing the activity is imposed. The Department’s non-compliance with a PRC requirement is good cause.
(3-17-22)
Extended Cash Assistance (ECA) may be provided to families who have received twenty-four (24) months of assistance. All eligibility criteria apply to ECA.
(3-17-22)
No application is required for ECA for families receiving temporary cash assistance. For all other families an application is required.
(3-17-22)
In addition to all the eligibility requirements for TAFI, all adults in the household must meet one (1) of the conditions
listed in Subsections 342.01 through 342.02.
(3-17-22)
01. Physical Condition. A physical or mental condition expected to last at least three (3) months. The condition must prevent any employment that would generate earnings of at least one hundred sixty-seven percent (167%) of the maximum grant, per month.
(3-17-22)
02. Care of Ill or Incapacitated Household Member. Care of an ill or incapacitated child or spouse in the home. The in-home care must be provided for a minimum of one (1) month and prevent any employment that would generate earnings of at least one hundred sixty-seven percent (167%) of the maximum grant, per month.
(3-17-22)
343. (RESERVED)
There are no time limits for ECA, but all adults in the household must continue to meet both ECA and temporary cash assistance eligibility criteria.
(3-17-22)
345. – 349. (RESERVED)
Transitional Assistance may be provided to an individual whose household is no longer eligible for TAFI cash assistance due to employment or who requested TAFI closure because of employment. At the time of closure, the household’s income must be below two hundred percent (200%) of the federal poverty guidelines.
(3-17-22)
The following requirements must be met:
(3-17-22)
01. TAFI Household. The household has received TAFI for one (1) partial month or one (1) full month within the past twelve (12) months.
(3-17-22)
02. Need for Work-Related Services. The individual needs work-related services to maintain employment.
(3-17-22)
03. Residence. The individual lives in the state of Idaho and is not a resident of another state.
(3-17-22)
04. Controlled Substance Felon. Individuals convicted under federal or state law of any offense classified as a felony involving the possession, use or distribution of a controlled substance, can receive Transitional Assistance when they comply with the terms of a withheld judgment, probation or parole, and whose felony occurred after August 22, 1996.
(3-17-22)
05. Fleeing Felons. Felons who are fleeing to avoid prosecution, custody or confinement after conviction of a felony or an attempt to commit a felony cannot receive Transitional Assistance.
(3-17-22)
06. Parole Violation. Felons who are violating a condition of probation or parole imposed for a federal or state felony cannot receive Transitional Assistance.
(3-17-22)
07. Fraud. Individuals convicted in a federal or state court of fraudulently misrepresenting residence to get TANF, AABD, Food Stamps, Medicaid, or SSI, from two (2) or more states at the same time, cannot receive Transitional Assistance for ten (10) years from the date of conviction.
(3-17-22)
352. (RESERVED)
Transitional Assistance may be provided up to twelve (12) months after TAFI ends due to employment. Transitional Assistance does not count toward the TAFI twenty-four (24) month time limit. If the Department pays Transitional Assistance in error, the month does not count towards the twenty-four (24) month TAFI time limit.
(3-17-22)
Career Enhancement Assistance may be provided to an individual with dependent children. The individual must have a work-related need, that if unmet, would prevent them from maintaining employment or participating in work programs. Career Enhancement Assistance is non-recurrent, short-term, and designed to deal with a specific crisis situation or episode of need. (3-17-22)
All individuals receiving Career Enhancement Assistance must have a written Career Enhancement Service Plan. (3-17-22)
The following requirements must be met: (3-17-22)
01. Application and Service Plan. Submit a completed application form for Career Enhancement Assistance, unless the household already receives services from the Food Stamp Medicaid, Idaho Child Care or Child Support Services programs; all eligible individuals complete a Career Enhancement service plan. (3-17-22)
02. Verification of Career Enhancement Eligibility. Have SSN verified. Other eligibility criteria are verified at the discretion of the Department. (3-17-22)
03. Eligible Individual. No failure to comply with a previous Career Enhancement Service Plan without good cause. Be a parent or a caretaker relative with a dependent child in the home, a pregnant woman; or a non-custodial parent legally responsible to provide support for a dependent child who does not reside in the same home. (3-17-22)
04. Need for Work-Related Services. Be in need for work-related services to maintain employment or participate in work programs; participate in meeting that need to the extent possible. This requires the individual to meet a portion of the need if possible, and to explore other resources available to meet the need. (3-17-22)
05. Income Limit. Meet the income limit for only the first month of the service to receive Career Enhancement Assistance; have household income below two hundred percent (200%) of the federal poverty guidelines, be eligible for Food Stamps, Medicaid or ICCP. For non-custodial parents, have household income below four hundred percent (400%) of the federal poverty guidelines, or be eligible for Food Stamps or Medicaid. (3-17-22)
06. Citizenship and Legal Non-Citizen. Be a citizen or meet the legal non-citizenship requirements of Section 131. (3-17-22)
07. SSN. Provide an SSN, or proof of application for an SSN. (3-17-22)
08. Residence. Live in the state of Idaho and not a resident of another state. (3-17-22)
09. No Duplication of Services. No Career Enhancement Assistance for a need already met by Emergency Assistance under IDAPA 16.06.01, “Family and Children’s Services,” or by a one-time TAFI cash payment. (3-17-22)
10. TANF Restrictions. The household cannot be receiving TANF or TAFI benefits or be serving a TAFI sanction and participants cannot receive Career Enhancement Assistance if they have received five (5) years of TANF benefits. The household must not be receiving TANF Extended Cash Assistance. The participant cannot receive Career Enhancement Assistance if they have received it within the past twelve (12) months. (3-17-22)
11. Controlled Substance Felons. Individuals convicted under federal or state law of any offense classified as a felony involving the possession, use or distribution of a controlled substance can receive Career Enhancement Assistance when they comply with the terms of a withheld judgment, probation or parole and if their
felony occurred after August 22, 1996. (3-17-22)
12. Fleeing Felons. Felons who are fleeing to avoid prosecution, custody or confinement after conviction of a felony or an attempt to commit a felony cannot receive Career Enhancement Assistance. (3-17-22)
13. Probation or Parole Violation. Felons who are violating a condition of probation or parole imposed for a federal or state felony cannot receive Career Enhancement Assistance. (3-17-22)
14. Fraud. Individuals convicted in a federal or state court of fraudulently misrepresenting residence to get TANF, AABD, Food Stamps, Medicaid, or SSI, from two (2) or more states at the same time, cannot receive Career Enhancement Assistance for ten (10) years from the date of conviction. (3-17-22)
371. – 372. (RESERVED)
If a funding shortfall is projected, the Department will take action to reduce Career Enhancement Assistance payments. (3-17-22)
An individual may only receive one (1) Career Enhancement Assistance payment in a twelve (12) month period. Career Enhancement Assistance payments do not count towards the TAFI twenty-four (24) month time limit or the sixty (60) month TANF time limit. If the Department pays Career Enhancement Assistance in error, the month does not count towards the twenty-four (24) month TAFI time limit. (3-17-22)
Supportive Service expenditures may be provided to household members who receive TAFI Cash Assistance, Extended Cash Assistance, Transitional Assistance, or Career Enhancement Assistance. (3-17-22)
01. TAFI Cash Assistance or Extended Cash Assistance Expenditure Requirement. The Supportive Service expenditure must be needed to support an element of the Personal Responsibility Contract (PRC). (3-17-22)
02. Transitional Assistance Expenditure Requirement. The Supportive Service expenditure must be directly related to maintaining employment. (3-17-22)
03. Career Enhancement Assistance Expenditure Requirements. The Supportive Service expenditure must be directly related to maintaining employment or participating in a training program. Career Enhancement Assistance Supportive Services must be identified and authorized in a thirty (30) day period to meet needs that do not extend beyond a ninety (90) day period. All Supportive Services provided through Career Enhancement Assistance do not have to be identified at the same time, as long as the need is identified and authorized within thirty (30) days of the Service Plan. (3-17-22)
Supportive Service expenditures must not be authorized for the following types of expenses: (3-17-22)
01. Child Care. Child care of any type. (3-17-22)
02. Medical Services. Medical services, including medical exams. (3-17-22)
03. Vehicles. Motorized vehicle purchases, and down payments. (3-17-22)
04. Services for Children. Services or payments for a child, such as counseling, clothing, and school supplies. (3-17-22)
05. Credit Card Accounts. Payments on charge cards. (3-17-22)
06. Household Items. Furniture and major home appliances. (3-17-22)
07. Fines. Any type. (3-17-22)
08. Professional Union or Trade Dues. Any type. (3-17-22)
09. Any Service. Available through another resource. (3-17-22)
377. ENHANCED WORK SERVICES.
01. Time Period. Enhanced Work Services may be provided for up to twelve (12) months to household members who receive Transitional Assistance or Career Enhancement Assistance. (3-17-22)
02. Purpose. Enhanced Work Services are to help individuals maintain employment and include the following: (3-17-22) a. Screening; (3-17-22) b. Job Placement Assessment; (3-17-22) c. Case Management; and (3-17-22) d. Job Readiness Services. (3-17-22)
378. -- 999. (RESERVED)