tanf moe requirements

The third step for the State would be to establish eligibility criteria, including a definition of "needy" (generally in the form of income and/or resource standards) for the receipt of summer jobs program benefits. Items prohibited by 2 C.F.R. Q5: Does a child living with a legal guardian constitute an eligible family for the purpose of assistance and MOE? The Temporary Assistance for Needy Families (TANF) block grant funds a wide range of benefits and services for low-income families with children. Under the interim final TANF rule, States may count allowable expenditures for MOE purposes, on pro-family non-assistance activity provided to anyone (not just eligible family members), so long as the activity is reasonably calculated to prevent and reduce the incidence of out-of-wedlock pregnancies (TANF purpose 3) or to encourage the formation and maintenance of two parent families (TANF purpose 4). Q42: May a TANF jurisdiction offer non-recurrent, short-term benefits to an individual or family that has received a non-TANF/MOE-funded benefit or service in excess of four months to address a specific crisis or episode of need? DES office locator . Assistance for Needy Families (TANF) Data Reporting for Work Participation, with proposed revisions. Otherwise, the child can no longer be considered to be residing with the parent or other caretaker relative. Q20: May States use TANF and MOE funds to help resolve personal or family legal problems? For example, a program that covers a youth's wages in a subsidized public or private sector job could be associated with purpose one of the TANF statute - - providing assistance so that children in needy families may live at home -- or with purpose two (for teens with children) - - reducing dependency among needy parents through work and job preparation. Many of these, including Part III, have been superseded by later legislation, formally revoked, or codified into regulation. To date, the only exception to the cost-sharing rule relates to the use of Federal TANF funds for the Job Access and Reverse Commute program administered by the Department of Transportation; this exception is statutorily based. If the answer is yes, the State may not use the same State funds to meet the cost-sharing requirements for both the other program and TANF (i.e., the State MOE). In addition, the preamble to the TANF final rule, at 62 FR 17811, provides that "States must properly allocate costs. They may draw down the Federal funds only when the family's rent payments are subsidized.Relatedly, the fact that the State makes a one-time payment to the developer does not affect the treatment of the benefits under the definition of assistance. This isn't true anymore. According to the Tribe, TANF staff need additional office space. To be eligible for the block grant, states must meet a Maintenance of Effort (MOE) requirement, meaning they must spend state dollars on TANF-allowable activities. Q38: Under what conditions may a State provide assistance to a family whose child has been absent for longer than a 180-day period? B, section 14 provides that costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities) are unallowable. Examples of unallowable uses of TANF funds for food service expenses related to entertainment include: Please note that the costs of alcoholic beverages are unallowable in all circumstances. The analysis applies to States, Territories, and Tribes. Although TANF purposes three and four are not restricted to the needy, MOE is. Revisions are intended to improve the clarity of the instructions, streamline reporting, and ensure all instructions are up-to-date. Q32: May a State automatically continue the emergency assistance (EA) and/or services it has provided pursuant to the grandfathering provision in section 404(a)(2) of the Social Security Act (Act) once the initial 12 month period has expired? Congress last reauthorized TANF in the Deficit Reduction Act of 2005 (P.L. Most adults who receive TANF must participate in ASPIRE - a work training and education program run by Fedcap. Thus, it is clear that a State could claim that such expenditures would be consistent with the second purpose of the TANF program: "to end the dependence of needy parents on government benefits by promoting job preparation, work and marriage." Therefore, the restriction at 45 CFR 286.45(e) applies. The TANF and SSP- MOE Data Report layouts were also updated to reflect the streamlined instructions. Q36: When is it allowable for TANF jurisdictions to use TANF funds for food service expenses? This married childless couple does not meet the definition of eligible family.. This Action Transmittal also advised States that provided juvenile justice benefits or services to submit amendments to their Regional Office by December 31, 1995, deleting references to such assistance. A State's approved plan had to comply with the applicable former AFDC statute and regulation. If there is no other minor child in the home, then the family is not an eligible family, and may not receive State MOE-funded assistance. However, 2 C.F.R. In general, funds used to meet Federal cost-sharing requirements in other programs are not allowable as State MOE. b. Q35: The U.S. Department of Transportation's New Freedom Program (49 USC 5317), and the Formula Grants for Special Needs of Elderly Individuals (49 USC 5310) both have a cost sharing requirement. The reason for such a service is to prevent an unwanted pregnancy from creating stress in the marriage. Employee morale, health, and welfare costs. Also, under TANF purpose one, States could use Federal TANF funds to provide adoption services (that do not constitute "assistance") to a needy family in which an unrelated adult is in the process of adopting a child. Further, although OMB Circular A-87, which applies to Federal expenditures under the TANF program, prohibits the use of Federal funds for "prosecution of claims against the Federal government", under the Circulars definition of "claims," this prohibition would not restrict the provision of legal support in connection with an SSI application (from pre-filing through the administrative appeals process). This generally means that a Federal TANF or State MOE funded benefit or service must be reasonably calculated to accomplish a TANF purpose. The final rule at 263.0(b)(1)(i) cites the example of providing program information as an example of an activity that is excluded from the definition of administrative costs. Funds returned in this timeframe would then be treated within the TANF program as FY '99 carry-over TANF funds and could be spent only on "assistance" or administrative costs related to providing "assistance." However, if an employee is providing program services, then the associated salary and benefits (including any employee morale costs) are excluded from the administrative cost limit. In deciding whether to use TANF or MOE funds for SCHIP outreach and/or Food Stamp informational activities, States need to keep in mind basic program and cost principles. However, we inadvertently omitted applicability of Part IV-5212. Food service expenses related to participation in a work activity is linked to TANF purpose one and two; therefore these expenditures are allowable provided that TANF funds are only used to pay for food service expenses for families participating in work activities (i.e., TANF families eligible for TANF assistance according to the financial criteria established by the Tribe). If you need help or have concerns about your TANF case, contact the PY YOEME office nearest your location. For example, for fiscal year 2009, the most recent data available, 16 of the 45 states that met the TANF work participation rate would not have done so without the credit they received for excess state MOE spending. In compliance with the requirements of the Paperwork Reduction Also, a State could use MOE funds to provide "assistance" to a teen parent who does not live in an adult-supervised setting. Control group is a term relevant to continuation of a "waiver" and has the meaning specified at 260.71 . The federal TANF block grant program also has an annual cost-sharing requirement, known as maintenance-of-effort (MOE). In other cases, they are claiming existing expenditures towards the MOE requirement, often for the first time. In serving the non-needy, States may use only segregated Federal TANF funds.1 However, there may be circumstances under which adoption assistance (in the form of family services, benefits payments, or both) would be outside the normal purview of the IV-E program and reasonably calculated to accomplish TANF purpose one. TANF requires states to maintain a significant portion of their own historic financial commitment, called maintenance of effort (MOE), to welfare-related programs. Security numbers and meet state residency, citizenship/ immigration status, employment and child support assignment requirements. The criteria for helping families purchase computers and/or access the Internet could be broader than the criteria used for cash assistance. Here too, a State would ask if such a program is funded by another Federal program and subject to a cost-sharing or matching requirement under that program. Hence, as explained above, to claim any MOE expenditures for outreach activities, a State must have a sound methodology that enables it to identify and claim only the portion of total qualified expenditures for benefits that have been provided to or on behalf of eligible families. ACF considers a topic related to TANF if imparting this information is reasonably calculated to further a purpose of TANF. States may provide the needy with any form of "assistance" (as defined in 45 CFR 260.31) that is consistent with any of the four purposes of the Act or is in accordance with the State's grandfathering authority. CLASP Q3: Is foster care for a child in the home of a non-relative allowable under TANF? We remind you, however, that 2 C.F.R. A4: No, States are not bound by the rates specified in the State plan or otherwise in effect as of the date selected by the State. Such costs will be equitably apportioned to all activities of the governmental unit. TANF was created in the Personal Responsibility and Work Opportunity Act of 1996 (P.L. TPEP payments are issued twice a month on the 1st and 15th. A7: Yes. A33: Yes. B. However, in order to meet the "eligible families" requirement for MOE and to be consistent with the goals of TANF, there cannot be an expectation that the child will be absent beyond the reasonable period of temporary absence determined by the State for MOE purposes. The State child care program could segregate the (non-transferred) TANF funds that it receives and use them to help fund a particular activity, or services for a particular subset of its service population. As the opportunity presents itself, e.g., at conference presentations, meetings and discussions, we will convey the message contained in our guidance to the audit audience. Q13: Are costs associated with staff training considered administrative costs? A39: Background: The Office of Family Assistance (OFA) received an inquiry from a Tribe requesting to use Tribal TANF funds for the purchase or lease of a trailer or modular unit. Please note that the use of federal TANF funds as a match for these HUD homeless programs is permissible so long as the HUD appropriation language, which allows for this matching arrangement, is in force. 2 CFR Part 225, App. A40: It is permissible for federal TANF funds to be used as a match for the above-listed programs, but it is not permissible for state funds to be used as a match to count toward a jurisdictions MOE requirement. _________________________________________________6For example, this section of the statue prohibits States from using "the grant" to provide assistance to: families with no minor child; teen parents not attending school or living in adult-supervised settings; families with adults who have received assistance for five years; individuals found to have fraudulently represented their residence; and fugitive felons and parole violators. Second, if a State's approved AFDC, EA, or JOBS plan as of 9/30/95 (or at State option, as of 8/21/96), enabled a State to provide specified services to a child living with a legal guardian, then a State may use Federal TANF funds to continue the service(s). Employee morale costs need to be evaluated against the Federal administrative cost definition at 45 CFR 263.0(b) for States, DC, and the Territories and 45 CFR 286.5 for the Tribes. Unallowable costs include amounts paid for profit, management fees, and taxes that would not have been incurred had the governmental unit purchased the facility. lunch provided during a Family Day at the fair for TANF clients. This means that TANF expenses incurred in the context of employee morale are allowable if they are consistent with the State, Tribe, or Territorys established personnel practice and policies governing the administration of TANF and other government programs. The expanded role of MOE in state TANF programs highlights the importance of having reasonable assurance that MOE spending reflects the intended commitment to low-income families and efficient use of federal funds. Regardless, for audit purposes, it is important that States have clear policies, procedures, and systems in place for ensuring that their expenditures are appropriate, that they meet TANF requirements, and that they support the goals of TANF.10 We have issued a Policy Announcement, TANF-ACF-PA-00-1, which implements this policy. d. Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to the governmental unit, its employees, the public at large, and the Federal Government. Likewise, section 408(a)(4) prohibits the use of Federal funds only on "assistance" to teen parents who are not attending appropriate educational activities. The fifth and final step would be for the State to consider the requirements, limitations, and restrictions that apply to the selected activities or services. In pertinent part, 45 CFR 233.120 states that EA may only be provided: To or on behalf of a needy child under the age of 21 and any other member of the household in which he is living if: (i) Such child is (or, with 6 months prior to the month in which such assistance is requested, has been) living with any of the relatives specified in section 406(a)(1) of the Act in a place of residence maintained by one or more such relatives as his or their own home. Q33: Final DRA 2005 Rules: Can a county offer family planning services, funded by TANF, to a childless couple under TANF purpose 4? The Temporary Assistance for Needy Families (TANF) block grant provides grants to states, territories, and American Indian tribes to help finance a wide range of benefits and services for needy families with children. 69, April 12, 1999, p. 17825). The TANF program also has a required annual cost-sharing requirement, known as maintenance-of-effort (MOE). It is at that point, for each State, that the AFDC program was actually repealed and the TANF program enacted. . Subrecipients include county subgrantees, nonprofit agencies, and contractors. However, MOE expenditures may only be made on behalf of eligible families, which are defined as needy families in which a child is residing with a parent or caretaker relative(45 C.F.R.263.2(b)). Reasonable and necessary costs pertaining to TANF-related meetings and conferences, including food service expenses, are allowable. The meeting or conference could be a meeting intended to provide technical information to program participants, staff, community partners, or others, so long as it is furthering a TANF purpose. A28: The proposed expenditures for grants or loans to a developer would not be allowable because of the prohibition against using Federal funds for construction, rehabilitation, and purchases of buildings. It includes the costs of general administration and coordination of programs including contract costs and all indirect (or overhead) costs. Q24: States that elect to use segregated Federal TANF funds for "previously authorized" activities under section 404(a)(2) of the Act must select the State's approved AFDC, JOBS, or Supportive Services plans in effect as of either 8/21/96 or 9/30/95 for this purpose. Countable State expenditures has the meaning specified at 264.0 of this chapter. A State may continue to provide services and assistance to a child placed with a non-relative to the same extent that was permitted under the States Emergency Assistance plan as of the date selected by the State. Currently, states spend only slightly more than one-quarter of their combined federal TANF funds and the state funds they must spend to meet TANF's "maintenance of effort" (MOE) requirement on basic assistance to meet the essential needs of families with children, and just another quarter on child care for low-income families and on activities t. . This prohibition applies to grantees and subrecipients. Q41: If a state intercepts a portion of a familys refundable EITC in order to recoup a debt owed to the state by the family, may the state consider the full amount of the refund (including the intercepted portion) as a federal TANF or MOE expenditure? Food Stamp informational activities include activities that inform low-income families about the availability, eligibility requirements, application procedures, and the benefits of the Food Stamp Program. DATES: Comments due within 60 days of publication. In the same vein, a State may treat costs for training of case managers or for other training directly associated with providing program services as program costs under its cost allocation plan. It also prohibits Stats from using "the grant" for medical services except prepregnancy family planning. However, in setting its eligibility criteria and procedures, we caution States to make sure that their expenditures are consistent with the statutory purposes of the program; i.e., that their expenditures under the first two purposes of TANF and all MOE expenditures are on behalf of needy families and parents. This process will be necessary for each IP address you wish to access the site from, requests are valid for approximately one quarter (three months) after which the process may need to be repeated. The continuation of similar benefits designed to address a specific crisis or episode of need provided beyond the initial four months of non-recurrent short-term benefit receipt, even if provided through a new program, is not consistent with the regulatory definition of non-recurrent, short-term benefits at 45 CFR 260.31(b)(1). The purchase of computer hardware, software or Internet access does not appear to meet the definition of TANF assistance. Therefore, costs pertaining to meetings and conference, including food service expenses, are allowable if the primary purpose of the event is the dissemination of technical information related to TANF. A10: Our publication, "Helping Families Achieve Self-sufficiency, A Guide on Funding Services for Children and Families through the TANF Program," provides a systematic approach for a State to use in determining how it might use Federal TANF and State Maintenance of Effort (MOE) funds. As with assistance funded with Federal and commingled funds, the child must return to the home by the end of the temporary period established by the State. (Posted on: 5/2/2013), An Office of the Administration for Children & Families, U.S. Department of Health & Human Services, Administration for Native Americans (ANA), Administration on Children, Youth, and Families (ACYF), Office of Family Violence and Prevention Services (OFVPS), Office of Human Services Emergency Preparedness and Response (OHSEPR), Office of Legislative Affairs and Budget (OLAB), Office of Planning, Research & Evaluation (OPRE), Public Assistance Reporting Information System (PARIS), About Temporary Assistance for Needy Families, About Health Profession Opportunity Grants. The statutory provision at section 404(a)(2) does not create an exception (or affect the applicability of OGAM AT 98-2). Would the payment to the developer be an allowable expenditure and the subsidies excluded from the definition of assistance? Q1: May States help the non-needy with services that are consistent with TANF purpose one or two as long as those services fall outside the definition of assistance? The Temporary Assistance for Needy Families (TANF) block grants maintenance of effort (MOE) provisions include specified state spending levels and general requirements on the use of funds. A comprehensive explanation of "administrative costs," together with a complete list of the items that are included and excluded from the definition, are available in the Federal regulations at 45 CFR 263.0 and in the preamble discussion to the final TANF regulations (at 64 FR 17808 - 17814). L. No. If the State or county uses State or local funds to pay for family planning services, then the State may count this non-assistance expenditure toward its maintenance-of-effort (MOE) requirement until September 30, 2008. The implementing regulation was 45 CFR 233.120. If needy families receive rent subsidies on an ongoing basis, these benefits would constitute assistance. (iii) The emergency assistance is necessary to avoid destitution of such child or to provide living arrangements for him in a home. TANF funds cannot be used to provide food to the Tribal community in general at cultural events. Two programs are considered assistance by federal definition and three are considered non-assistance programs. We intend to issue a corrected Policy Announcement shortly. Income generated from any of these activities will be offset against expenses. Therefore, the statute envisions that States would serve only the needy when they are conducting activities or providing benefits that are reasonably calculated to accomplish TANF purpose one or two. We remind States that all Federal and MOE expenditures are subject to audit and must be substantiated for the auditors. _________________________________________________11A one-time payment to a family to assist in the purchase of a home (e.g., to assist with the costs of settlement and/or a downpayment) would not be considered assistance either; it would be excluded as a nonrecurrent, short-term benefit.12Such rental subsidies would constitute assistance for families that benefit from them.Q29: Assume a State program provides a deferred payment loan to a developer to assist with the construction or rehabilitation of multifamily housing for TANF families with substantial barriers to workand that the housing assistance is "bundled" with services, such as on-site child care. States generally began relying on MOE spending to get credit toward meeting TANF work participation rates in fiscal year 2007 because of statutory changes to the rate requirements enacted in 2006. Rental costs under "less-than-arm's-length'' leases are allowable only up to the amount that would be allowed had title to the property been vested in the governmental unit. . Section 408(a)(10) does not directly address allowable living arrangements for MOE purposes.3 However, under a State temporary absence policy, it would be reasonable for a State to determine that a child who is temporarily absent is living with a parent or adult caretaker relative. 37 allows for rental costs to be charged, subject to certain limitations. (Note: Federal TANF funds may also be used to help a "needy" youth that is not a member of an "eligible/needy family" - a "needy" non-custodial teen parent. These principles are also outlined in the federal regulations at 45 CFR 260.30 and 260.33 and the definition of what constitutes an Expenditure. Since these intercepted funds are being used to repay a debt owed to the state, they do not constitute an expenditure of federal TANF or MOE funds. A State might also provide temporary foster care benefits or services for a child placed with an unrelated foster parent that do not constitute "assistance." The data and information from these reports and processes are used . is requesting to extend approval of the Temporary Assistance for Needy Families (TANF) Data Reporting for Work Participation, with proposed revisions. For example, these provisions generally require that each state spend at least 80 percent (75 percent if the state meets certain performance standards) of the amount it spent on welfare and related programs in fiscal year 1994, before TANF was created. Tribal TANF programs have the flexibility to establish their own allowable work activities, including, if desired, culturally relevant work activities. TANF requires states to maintain a significant portion of their own historic financial commitment, called maintenance of effort (MOE), to welfare-related programs. In order to count state spending as MOE, funds must be spent on benefits and services to families with children that have incomes and resources below certain state-defined limits. We interpret the term 'needy' for TANF and MOE purposes to mean financial deprivation, i.e., lacking adequate income and resources" (FR Vol. Q4: Under section 404(a)(2) of the Act, States may use Federal TANF funds only for the specific activities that had been previously authorized based on an approved title IV-A or IV-F plan in effect as of either 9/30/95 or 8/21/96 per the State option. If leasing is being considered, the following criteria will apply: Subject to the limitations described below, rental costs are allowable to the extent that the rates are reasonable in light of such factors as: rental costs of comparable property, if any; market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of the property leased. A State should identify in its State plan its temporary absence policy as it pertains to assistance funded with Federal TANF and commingled funds, as well as MOE-funded assistance. Subject: Guidance concerning State Maintenance-of-Effort (MOE) funds paid to a Tribe with an Approved Tribal Family Assistance plan References: A22: Yes, we mentioned that supplemental unemployment insurance for unemployed workers in needy families is an allowable use of funds in the TANF funding guide (Helping Families Achieve Self-sufficiency). To receive TANF funds , states must meet a maintenance of effort (MOE) requirement under which they continue to spend on programs benefiting needy families a specified share of the funds that they spent prior to welfare reform on the programs that TANF replaced. Could a State that elects the 8/21/96 date expend Federal funds on juvenile justice activities, if its most recent approved AFDC-EA plan is dated prior to 9/30/95 and includes juvenile justice services? For example, the cost of an interpreter who provides program information or performs an employability assessment is not subject to the limitations; however, the cost of an interpreter to elicit family information for an eligibility determination is an administrative cost covered by the limitations. A State may use Federal TANF funds or State "maintenance of effort" (MOE) expenditures to purchase computers, provide training and cover the cost of Internet access for eligible, needy families. States may use Federal TANF or State MOE funds to provide ongoing assistance and other benefits and services in "kinship care" situations where a child is placed with an adult relative. In this circumstance, the State could not provide income support (i.e., assistance) to the family prior to adoption because the family would not include a child living with a parent or adult relative. The TANF staff understand that they can't build a facility, but would like to know what can be done to stay within the guidelines for allowable uses of TANF funds. Further suppose that the CCDF program involves a mix of child care for the employed, for people in education/training, and for protective services cases.
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