An individual may be served under this provision if:
(a)(1) (S)he is currently receiving TANF assistance under a State
TANF program, and/or its predecessor program, for at least 30 months,
although the months do not have to be consecutive; or
(2) (S)he will become ineligible for assistance within 12 months
due to either Federal or State-imposed time limits on the receipt of
TANF assistance. This criterion includes individuals (as well as
children of noncustodial parents) exempted from the time limits due to
hardship under section 408(a)(7)(C) of the Act or due to a waiver
because of domestic violence under section 402(a)(7) of the Act, who
would become ineligible for assistance within 12 months without the
exemption or waiver;
(b) (S)he is no longer receiving TANF assistance because (s)he has
reached either the Federal five-year limit or a State-imposed time
limit on receipt of TANF assistance (section 403(a)(5)(C) of the Act);
or
(c) (S)he is a noncustodial parent of a minor child if:
(1) The noncustodial parent is:
(i) ``Unemployed,'' as defined in Sec. 645.120 of this part,
(ii) ``Underemployed,'' as defined by the State in consultation
with local
boards and WtW competitive grantees, or
(iii) ``Having difficulty paying child support obligations,'' as
defined by the State in consultation with local boards and WtW
competitive grantees and the State Child Support Enforcement (IV-D)
Agency, and
(2) At least one of the following applies:
(i) The minor child, or the custodial parent of the minor child,
meets the long-term recipient of TANF requirements of paragraph (a) of
this section;
(ii) The minor child is receiving or is eligible for TANF benefits
and services;
(iii) The minor child received TANF benefits and services during
the preceding year; or
(iv) The minor child is receiving or eligible for assistance under
the Food Stamp program, the Supplemental Security Income program,
Medicaid, or the Children's Health Insurance Program; and
(3) The noncustodial parent is in compliance with the terms of a
written or oral personal responsibility contract meeting the
requirements of Sec. 645.215 of this subpart.
(d) For purposes of determining whether an individual is receiving
TANF assistance in paragraphs (a)(1) of this section and
Sec. 645.213(a), TANF assistance means any TANF benefits and services
for the financially needy according to the appropriate income and
resource criteria (if applicable) specified in the State TANF plan.
