The Basics of TAFDC Welfare Rules for Families Cash Assistance - PDF document

TAFDC Basics: An Overview December 2019 The Basics of TAFDC – Welfare Rules for Families Cash Assistance Basic Benefits Training December 12, 2019 Lizbeth Ginsburg, Greater Boston Legal Services lginsburg@gbls.org 617-603-1624 Objectives • Overview –Who is eligible for TAFDC –Rules for families on TAFDC • Know enough to spot issues 2

TAFDC Basics: An Overview December 2019 What Is TAFDC? • TAFDC = Transitional Aid to Families with Dependent Children • Cash assistance (welfare) program in Massachusetts for low-income families with children and pregnant women • Administered by the Department of Transitional Assistance (DTA) 3 What are the TAFDC benefits? • Cash grant paid twice a month • Clothing allowance ($350) • Infant benefit for new babies ($300) • Potential for child care and transportation benefits • Relocation benefit (up to $1000) • Transitional Support Services - TSS (post- TAFDC benefit) 4

TAFDC Basics: An Overview December 2019 Who is eligible for TAFDC? Families with dependent children – Child • Under the age of 18, and/or • Age18 and expected to graduate from high school by age 19 – Parent or other relative caretaker Pregnant person – Teens: any time in pregnancy – 20 years & up: within 120 days of due date 5 Immigrant eligibility rules Complex eligibility rules for non-citizens – TAFDC Advocacy Guide – See handouts – Consult an advocate Note: Each DTA program has different immigrant eligibility rules Basic Benefits Training: Immigrants & Benefits – April 4, 2020 @ MCLE 6

TAFDC Basics: An Overview December 2019 Immigrant eligibility rules • Non-citizen parents can apply for TAFDC for citizen children even if parent is not eligible for benefits 7 Immigrant eligibility rules • Some non-citizens are eligible for TAFDC • 5-year bar – Legal Permanent Residents (‘green card’ holders) cannot get TAFDC until they have had LPR status for 5 years (and are otherwise eligible). 8

TAFDC Basics: An Overview December 2019 Immigrant eligibility rules • Key exceptions to 5-year bar under TAFDC rules: – domestic violence (‘battered non-citizen rules’) – active duty/veteran status – prior status 9 Immigrant eligibility rules 5 year bar doesn’t apply to: • Amerasian Immigrants • Cuban/Haitian Entrants • Refugees • Granted Asylum • Granted Withholding of Deportation or Removal • Members of Hmong/other Highland Laotian tribes • Iraqi and Afghan Special Immigrants • Victims of Trafficking • LPRs who adjusted from one of these statuses 10

TAFDC Basics: An Overview December 2019 Public Charge What is public charge? Legal Permanent Residence can be denied if an immigrant is deemed likely to be financially dependent on the government. 11 Public Charge Applies to some immigrants seeking lawful permanent resident status. Does NOT apply to: • Refugees, asylees, VAWA self-petitioners, U-visa holders, Special Immigrant Juveniles, Temporary Protected Status • Getting citizenship (naturalization) 12

TAFDC Basics: An Overview December 2019 Public Charge Old rule: • Considers only cash assistance for income maintenance and long-term institutional care • Does not consider non-cash benefits 13 Public Charge Trump Administration rule: • Considers some non-cash benefits: – Non-emergency Medicaid (except for children under 21, pregnant women & new mothers) – SNAP – Medicare Part D Low Income Subsidy – Federal Public Housing & Section 8 • Wealth test –Discriminates based on income, age & health 14

TAFDC Basics: An Overview December 2019 Public Charge BUT – • For now, new rule is not in effect due to multiple court injunctions – no one should give up needed benefits now ! • Even if it does go into effect, new rule: – Will not consider benefits received by eligible family members who are not applying for LPR status – Will not be retroactive 15 Public Charge For more information – • National campaign: https://protectingimmigrantfamilies.org/ • Massachusetts campaign: http://www.miracoalition.org/PIF 16

TAFDC Basics: An Overview December 2019 Financial eligibility overview Asset limit = $5000 – Some assets do not count, *including one vehicle* Income – DTA counts unearned income unless exception applies (e.g., SSI is non-countable) – Earned income – deductions/disregards usually apply Report changes! 17 TAFDC grant amount TAFDC amount is based on – – # of people included in grant – Countable income (earned & unearned) – Housing situation • Public/subsidized housing • Private housing (+$40/month) • *No more homeless penalty!* 18

TAFDC Basics: An Overview December 2019 TAFDC grant amount Monthly TAFDC amount (no other countable income): # of Public housing/ Private housing people subsidized (no subsidy) housing 2 $491 $531 4 $691 $731 19 100% earned income disregard 100% earned income disregard for 6 months – TAFDC is not reduced due to earnings – Applies if total household income is under 200% of the federal poverty level (New policy as of July 2018) 20

TAFDC Basics: An Overview December 2019 100% earned income disregard • After the 6 month period, a 50% disregard and $200 deduction is applied to determine if still eligible • May be eligible for 6 month 100% disregard again with different job • Note : Clients must still report changes in earnings to DTA! 21 Key TAFDC rules • Time limit & work requirement • Exemptions • Job search at application • Pathways assessment (PSS) • Child support assignment and cooperation • Immunization • Teen parent rules • Learnfare – school attendance rules 22

TAFDC Basics: An Overview December 2019 Time limit & work requirement – overview Families on TAFDC are subject to time limit and work requirement rules unless exemption applies Non-exempt Exempt Subject to time limit Not subject to time & work requirement limit or work requirement Note – can move from exempt to non-exempt, and vice versa 23 Time limit • For non-exempt families: – Limit of 24 months of TAFDC in a 5 year period – A new 5 year period starts 5 years after family first got TAFDC  family eligible for another 24 months of TAFDC • If 24 months have been used, family may be able to get an extension – Consult with GBLS (mmalherbe@gbls.org) 24

TAFDC Basics: An Overview December 2019 Work requirement • Non-exempt  participate in a work activity for required hours each week • Can be sanctioned for not participating; sanctions lower or stop TAFDC • Entitled to child care assistance if needed to meet work requirement 25 Work requirement - activities • First 12 weeks – planning period (Employment Planning) • Paid work, supported work programs • Job search • Vocational rehabilitation programs 26

TAFDC Basics: An Overview December 2019 Work requirement – activities (cont’d) • Community service • Housing search by those in shelter • Education or training • Double hours • Limit of 12-24 months; but possible extension 27 Work requirement - other • Can do more than one activity • If parent is not in an activity, DTA must refer to community service • In 2-parent family, both parents are subject to work requirement 28

TAFDC Basics: An Overview December 2019 Work requirement - sanctions If parent is subject to and not meeting the work requirement, DTA will impose sanctions: – Step 1 – assign to a community service site – Step 2 – reduce grant by parent’s portion ($100) – Step 3 – stop assistance to entire family 29 Work requirement – good cause DTA should not impose a sanction if parent has good cause , including: – No available and appropriate child care – No affordable and reliable transportation – No available and appropriate community service site – Family crisis, illness or disability 30

TAFDC Basics: An Overview December 2019 Work requirement – undoing sanctions Restoring benefits after a sanction: – Old rule – Sanction removed only after parent participates in activity for 2 weeks – *New policy* – Sanction removed if: • Client tells DTA they are ready to do a work program activity and has a referral to a work program activity • Or, if applying, client completes up front job search 31 Exemptions Exemptions from the time limit and work requirement: • Parent is disabled (SSI, SSDI, or DTA standard) • Caring for disabled family member • Child under age 2 32

TAFDC Basics: An Overview December 2019 Exemptions (continued) • Pregnant – Current rule: within 120 days of due date – Planned change: 33 rd week of pregnancy • Relative (non-parent) not on grant • Seniors – Current rule: 60+ – Planned change: 66+, or 60+ if retired before applying for TAFDC 33 Exemptions (continued) • Teen parent meeting teen parent rules • Immigrants without work authorization – family is exempt from time limit but not work requirement 34