Section 470IAC10.3-5-10. Time limited benefits

   (a) The receipt of TANF assistance shall be limited to a total of sixty (60) months as defined in Section 408(a)(7) of the Social Security Act.

  (b) The receipt of TANF assistance shall be limited to a total of twenty-four (24) months for adults who are not exempt from the IMPACT program.

  (c) Assistance received by adults who were subject to time limited benefits prior to implementation of this rule shall be counted towards the twenty-four (24) month time limit.

  (d) An extension of the twenty-four (24) month time limit shall be granted, in any of the following circumstances, to an individual who has cooperated with program requirements and who has substantially complied with the requirements of their self-sufficiency or employability plan:

(1) The division substantially failed to provide the services specified in the individual's self-sufficiency or employability plan.

(2) The director of the division or designee makes a determination that there are other unique circumstances, such as the adverse effects of a natural disaster or other catastrophic event beyond the control of the individual, that temporarily prevent the individual from obtaining or retaining employment.

  (e) Individuals may earn one (1) month of assistance for every six (6) consecutive months of full-time unsubsidized employment or self-employment since the date of application for assistance. The following apply:

(1) For this section, full-time employment for employed individuals is as defined by the employer.

(2) For this section, full-time employment for self-employed individuals is defined as working an average of thirty-five (35) hours at minimum wage. To determine if the self-employed individual meets the thirty-five (35) hour requirement, the division shall:

(A) calculate the individual's countable self-employment income as outlined in 470 IAC 10.3-4-4(b)(9); and

(B) divide the income by the federal minimum wage.

(3) To qualify for credit under this subsection, a person must:

(A) contact the division claiming to have earned a credit; and

(B) provide documentation for the periods of employment.

(4) A month that a recipient was ineligible for cash assistance benefits due to serving a sanction for not cooperating with IV-D or IMPACT is not considered a month of consecutive full-time employment for purposes of calculating the entitlement to additional months.

(5) An individual may not retain credit for more than twenty-four (24) months of TANF assistance at any one (1) time.

(Division of Family Resources; 470 IAC 10.3-5-10; filed Oct 31, 2007, 9:57 a.m.: 20071128-IR-470070087FRA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA)