SECTION 372.455. Continuing Eligibility Beyond the 60-Month Lifetime TANF Cash Limit

(a) A TANF household subject to ineligibility due to the 60-month lifetime TANF cash limit is eligible for extended TANF cash assistance if:

(1) Texas Health and Human Services Commission (HHSC) records indicate each adult member of the certified group cooperated with any applicable Choices or child support requirements for at least 48 months of the 60-month period; and

(2) HHSC determines any adult in the household meets one or more of the following hardship criteria:

(A) the adult has a verified mental or physical disability expected to last more than 180 days, is certified to receive community-based services through the Texas Department of Aging and Disability Services (DADS), and the adult has applied for or agrees to apply for Supplemental Security Income (SSI) benefits;

(B) the adult is listed as the primary caregiver for a family member receiving community-based services from DADS or who has a verified mental or physical disability expected to last more than 180 days, and who has applied for or agrees to apply for SSI benefits;

(C) the adult is a victim of domestic violence;

(D) the adult currently resides in a county that does not offer full Choices services;

(E) the adult resided in a county without full Choices services during at least one month of the last 12 countable months of the 60-month period; or

(F) the adult:

(i) was unable to obtain or maintain employment, other than migrant or seasonal work, during the last 12 months before the end of the 60-month period, earning at least enough to have exceeded the TANF income limit if the earnings were calculated without taking the earned income deduction that is explained in §372.409 of this subchapter (relating to Allowable Deductions from Countable Income in TANF);

(ii) had no more than one Choices penalty during the 60-month period; and

(iii) did not voluntarily quit a job during the last 12 months of the 60-month period.

(b) Eligibility for extended TANF cash assistance under subsection (a)(2)(D) - (F) of this section is limited to a total of 24 months.

(c) A household receiving extended TANF benefits permanently loses eligibility for the extended TANF benefits if HHSC determines an adult member of the certified group failed without good cause to comply with the TANF Choices or child support requirements.

Source Note: The provisions of this §372.455 adopted to be effective September 1, 2009, 34 TexReg 5361