Questions And Answers
TANF Assistance
Q1: Why
do the Tribal TANF regulations make a distinction between TANF "assistance"
and other benefits or services that a TANF program may provide to
needy families?
A1: The TANF statute
itself distinguishes between "assistance" and other forms
of TANF benefits that Tribes and States may provide to needy families.
Work requirements, time limits, and data collection and reporting
apply only to families receiving assistance. The legislative history
of the TANF statute indicates that Congress meant for the term "assistance"
to encompass more than cash payments, but does not provide much
specific guidance.
Q2: How do the regulations
define assistance?
A2: The regulations define
"assistance" to include payments directed at ongoing,
basic needs. Non-recurrent, short-term benefits designed to deal
with an individual crisis situation rather than ongoing need are
excluded. Such short-term benefits cannot be provided for needs
that will extend beyond four months. The definition also excludes
child care, transportation and support services provided to employed
families, Individual Development Account (IDA) benefits, refundable
earned income tax credits, work subsidies to employers, and services
such as education and training, case management, job search, and
counseling. (§ 286.10)
Q3: If a family receives
Welfare-to-Work (WtW) cash assistance, does this count against the
established time limit on Tribal TANF assistance?
A3: Yes. WtW cash assistance
provided for basic needs is defined as "assistance" under
the regulations and counts against the time limit on Tribal TANF
assistance. (§ 286.130)
Q4: Does a child living
with a legal guardian constitute an eligible family for the purpose
of assistance?
A4: A child must be living
with a parent or adult relative in order to receive "assistance."
If Tribal law provides that legal guardians or other individuals
stand in loco parentis, then a Tribe could provide that a
child living with such a legal guardian or other individual would
constitute an eligible family for the purpose of "assistance."
Q5: May a family receive
Tribal TANF assistance indefinitely?
A5: While a Tribal Family
Assistance Plan may provide specific exceptions due to hardship
or domestic violence, definite time limits for receipt of TANF assistance
must be established. (§ 286.115)
Q6: What factors may a Tribe consider
when proposing time limits for the receipt of Tribal TANF assistance?
A6: As part of its Tribal Family Assistance
Plan, a Tribe must propose a time limit for receipt of Tribal TANF
assistance that will apply to its service population and provide
a rationale for its proposal. The proposal should take into consideration
those factors that may impact on the length of time that a TANF
family might be expected to need in order to find employment and
become self-sufficient. Examples of the information that we would
expect to be included to support the Tribe's proposal include, but
are not limited to: poverty, unemployment, jobless and job surplus
rates; education levels of adults in the service area; availability
of and/or accessibility to resources (educational facilities, transportation)
to help families become employable and find employment; and employment
opportunities on and near the service area.
Q7: Must the same time limit apply throughout
a Tribe's TANF service area?
A7: No. To allow for
maximum flexibility, we are not requiring that the same time limit
apply throughout the Tribal TANF service area. A Tribe has the option
to decide that, because economic conditions and the availability
and accessibility of services vary, it is appropriate to establish
different time limits by geographic area. For example, a Tribe could
choose to establish a shorter time limit for a part of the service
area that has many employment opportunities than for another part
of the service area with high unemployment. (§ 286.115)
Eligibility to Operate a Tribal TANF Program
Q1: Are all Indian tribes
eligible to operate a Tribal TANF program?
A1: No. Only Federally
recognized Indian tribes are eligible to submit Tribal Family Assistance
Plans and to operate Tribal TANF programs. With respect to the state
of Alaska, only the 12 Alaska Native regional nonprofit corporations
specified at section 419 of the Act, plus the Metlakatla Indian
Community of the Annette Islands Reserve are eligible to operate
Tribal TANF programs. In addition, eligible Indian tribes may form
consortia to develop and submit a single Tribal Family Assistance
Plan. (§ 286.15)
Tribal TANF Funding
Q1: When a Tribal Family
Assistance Plan is approved, how much in Federal TANF funds are
available to operate the program?
A1: The approved Tribal
TANF program will receive Federal TANF grant funds equal to the
Federal share of all expenditures (other than child care expenditures)
by the State or States under the Title IV-A programs (AFDC and Emergency
Assistance), and Title IV-F program (JOBS) program for fiscal year
1994 for Indian families residing in the service area(s) identified
by the tribe in the Tribal Family Assistance Plan.
Q2: If the Tribal TANF
program will only serve members of the Tribe, does the Tribal TANF
grant amount only reflect Federal expenditures made on behalf of
Tribal members rather than "all Indian families"?
A2: No. The statute expressly
requires the Tribal TANF grant amount to reflect expenditures for
all Indians families residing within the service area designated
in the Tribal Family Assistance Plan. This is so even if the Tribe's
service population only includes Tribal members. The statute leaves
it up to Tribe to specify both the service area and the service
population.
Q3: How are "Indian
families" defined?
A3: A Tribe must indicate
its definition of "Indian family" in its Tribal Family
Assistance Plan. Each Tribe may define "Indian family"
according to its own criteria. (§ 286.20 (a)(1))
Q4: Are administrative
expenditures under the IV-A and IV-F programs reflected in the Tribal
TANF grant formula?
A4: Yes. The Tribal TANF
grant formula reflects all expenditures, including administrative
expenditures. Such administrative expenditures include systems costs.
Q5: What role do States
play in the determination of the Tribal Family Assistance Grant
amount?
A5: Under the regulations,
the Department will request that data be submitted by the affected
State or States indicating the total Federal payments, including
administrative costs (which includes systems costs) for fiscal year
1994 under the former Aid to Families With Dependent Children, Emergency
Assistance and Job Opportunities and Basic Skills Training programs,
for all Indian families residing in the geographic service area
or areas identified in a Tribe's letter of intent or Tribal Family
Assistance Plan. (§ 286.20)
Q6: What if the Tribe
disagrees with the data submitted by the State(s)?
A6: If a Tribe disagrees
with the data submitted by a State, it must notify the Department
of such disagreement and may submit additional relevant information.
Relevant information may include, but is not limited to, Census
Bureau data, data from the Bureau of Indian Affairs, data from other
Federal programs, and Tribal records. (§§ 286.20 and 286.25)
Q7: How is the final
determination of the Tribal Family Assistance Grant amount made
if there is disagreement between the Tribe and the State(s) on the
data to be used?
A7: The statute authorizes
the Department to make the final determination as to the amount
of a Tribal Family Assistance grant. Under the regulations, the
Department will review all additional relevant data submitted by
the Tribe, together with the State-submitted data, in order to make
a determination as to the amount of the Tribal Family Assistance
Grant. The final determination will be made at the earliest possible
date after consideration of all relevant data. (§ 286.25)
Uses of the Tribal Family Assistance Grant
Q1: What limitations
are there for the use of Tribal Family Assistance Grants?
A1: Tribes have broad
flexibility in expending Federal TANF funds within statutory limitations.
Tribes and States may use Tribal Family Assistance Grants for expenditures
that are reasonably calculated to accomplish the purposes of TANF,
including, but not limited to the provision to low income households
of assistance in meeting home heating and cooling costs; assistance
in economic development and job creation activities; the provision
of supportive services to assist needy families to prepare for,
obtain, and retain employment; the provision of supportive services
to prevent of out-of-wedlock pregnancies, and assistance in keeping
families together. TANF funds may also be used in any manner that
was an authorized use of funds under the State plans for Parts A
or F of title IV of the Social Security Act, as such parts were
in effect on September 30, 1995. (§286.35)
Q2: May Tribal Family
Assistance Grants be used for economic development and job creation?
A2: Yes. Tribal Family
Assistance Grant funds may be used for economic development and
job creation provided that such expenditures are consistent with
section 401 (a) of the Act. TANF grant funds may also be used for
supportive services to assist needy families prepare for, obtain
and retain employment.
(§ 286.35)
Q3: Are Tribes subject
to a cap on administrative expenditures?
A3: Yes. Tribal TANF
programs are subject to caps on the amount of Federal TANF funds
that may be expended on administrative costs. These caps are negotiated
between the Department and the Tribe and are subject to maximum
percentages each fiscal year of TANF program operation. Expenditures
by Tribal TANF program for information technology and computerization
needed for tracking or monitoring the TANF caseload are excluded
from the cap on administrative expenditures. (§ 286.50)
Q4: Since State TANF
programs are subject to a fixed 15% cap on administrative expenditures,
why may Tribal TANF programs negotiate higher caps?
A4: The 15% cap applicable
to States is mandated by the statute and does not apply to Tribal
TANF programs. The negotiated and graduated administrative cost
cap applicable to Tribal programs recognizes that Indian tribes
do not have the same resources available to States. Under the regulations,
Tribal TANF programs are permitted to claim more administrative
costs, especially in the initial operation and administration of
a TANF program. (§ 286.50)
Q5: Are indirect costs
negotiated with the Bureau of Indian Affairs, or any other Federal
agency considered administrative costs?
A5: Yes. The regulations
require such indirect costs to be considered administrative costs.
(§286.55)
Q6: If a Tribe provides
case management services to help potential TANF recipients apply
for food stamps, would that activity be considered an administrative
cost?
A6: Under the regulation
case management, information and referral, and counseling activities
constitute program expenditures, rather than administrative costs.
(§ 286.5)
Q7: Can Tribal Family
Assistance Grant funds be used to fund Individual Development Accounts
(IDAs)?
A7: Yes. Provided a Tribe
elects to operate an IDA program, it may use Federal TANF funds
or Welfare-to-Work (WtW) funds to fund IDAs for individuals who
are eligible for TANF assistance. (§ 286.40)
Q8: May Tribal Family
Assistance Grant funds be used for the same purposes as Low Income
Home Energy Assistance Program (LIHEAP) funds?
A8: Section 404(a) of
the Act permits TANF grant funds to be used for the provision of
low-income households with assistance in meeting home heating and
cooling costs. The purposes of LIHEAP are consistent with such use
of TANF grant funds. (§ 286.35)
Q9: May a Tribe use Federal
TANF funds for adoption assistance?
A9: A Tribe could use
Federal TANF funds to provide benefits and services to needy parents
of an adopted child. Benefits provided in this circumstance would
trigger applicable TANF rules if they meet the definition of "assistance,"
e.g., address basic needs, and are provided under the TANF program.
Q10: May Tribal Family
Assistance Grant funds be used for the construction or purchase
of real property?
A10: Federal Tribal Family
Assistance Grant funds may not be used for the construction or purchase
of real property. Separate Tribal or State funds may be used for
such purposes. Federal funds may never be used for construction
or the purchase of real property unless there is express statutory
authorization. (§ 286.45)
Q11: May Tribal Family
Assistance Grant funds be used to augment funding for other Federal
grant programs?
A11: No. Federal grant
regulations preclude using Federal TANF funds to augment or supplement
other Federal grant programs. TANF
funds may, however, be expended in any manner that is reasonably
calculated to accomplish the purposes of the TANF program. Provided
that expenditures of Federal TANF funds comply with the above restriction,
such funds may be used for benefits and services that are also authorized
under other Federal grant programs. (§ 286.45)
Q12: May Tribal TANF
programs carry forward Tribal Family Assistance Grant funds from
one fiscal year to another?
A12: Yes. A Tribe may
reserve Tribal Family Assistance Grant funds without fiscal year
limitation, to provide assistance under the Tribal TANF program.
Unobligated balances of Federal TANF funds carried forward from
previous fiscal years may only be expended on assistance and related
administrative costs associated with providing such assistance.
(§ 286.60)
Q13: Besides the statute
and the regulations, what other limitations are there on the use
of Tribal Family Assistance Grant funds?
A13: 45 CFR Part 92 and
OMB Circulars A-87 and A-133 govern the use of TANF grant funds.
(§ 286.45)
Work Activities
Q1: May Tribal TANF programs
just provide cash assistance to needy families?
A1: No. While Tribes
and States have broad flexibility in designing appropriate TANF
programs and services (including cash assistance), the statute requires
that families move from welfare to self-sufficiency through work.
Each Tribal TANF program must meet minimum work participation rates
that reflect how well it succeeds in engaging adults in work activities.
(§§ 286.80 - 286.105)
Q2: What "work activities"
satisfy a Tribal TANF program's minimum work participation rate?
A2: Tribes may define
for their own programs what activities count as "work activities"
within broad limitations of the statute. (§ 286.100)
Retrocession
Q1: § 296.30 of the regulations
refers to retrocession. What is retrocession?
Q1: Retrocession refers
to the voluntary termination of a TANF program prior to the end
of the three-year Tribal TANF grant period. The regulations specify
the procedures that must be followed.
Q2: Does the statute
provide for retrocession?
A2: No. Section 412 of
the Act does not expressly provide for retrocession. By affording
Tribes the opportunity to withdraw their agreement to operate the
TANF program if they must, the regulations recognize that Tribes
voluntarily implement a TANF program for needy families. In providing
for retrocession in the regulations, we developed a time frame which
we believe ensure that: (1) there is minimal disruption of services
to families in need of assistance; (2) a Tribe makes an informed
decision in determining whether or not to cease operating the Tribal
TANF program; and (3) affected States are provided adequate notice.
Q3: If a Tribal TANF
program retrocedes, is it still responsible for any penalties imposed
against the program for failing to comply with TANF program requirements?
A3 Yes. A Tribe which
retrocedes a Tribal TANF program is responsible for all penalties
imposed against the program for actions occurring prior to the effective
date of retrocession, as well as with other Federal statutes and
regulations applicable to the TANF program and any penalties resulting
from audits covering the period before the effective date of retrocession.
In addition to penalties, a Tribal TANF program is also responsible
for complying with the data collection and reporting requirements
and all other program requirements for the period before the retrocession
is effective. (§ 286.30)
Penalties Against Tribal TANF Grantees
Q1: What TANF penalties
may be imposed on Tribal TANF grantees?
A1: Tribal TANF grantees
are subject to four distinct penalties: (1) a penalty of the amount
by which a Tribe's grant is used in violation of part IV-A of the
Act, (2) a penalty of five percent of the TANF grant as a result
of findings which show that the Tribe intended to violate a provision
of the Act, (3) a penalty for failure to repay a Federal loan in
the amount of the outstanding loan, plus the interest owed on the
outstanding amount, and (4) a penalty for failure to satisfy the
minimum work participation rates based on the severity of the failure.
(§ 286.195)
Q2: Under what circumstances
may penalties imposed on Tribal TANF grantees be excused or reduced?
A2: The statute provides
that penalties against Tribal TANF grantees (except for failure
to repay a Federal loan) may be excused or reduced if it is determined
that the Tribe has reasonable cause for failing to comply with requirements
that are subject to penalties. (§ 286.225)
Q3: Does the Tribal TANF
grantee have an alternative to accepting a penalty and claiming
reasonable cause for failure to comply with requirements?
A3: Yes. A Tribal TANF
grantee may (1) submit a corrective compliance plan, and/or (2)
file an appeal with the Departmental Appeals Board. (§§ 286.230
and 286.240)
Data Collection and Reporting
Q1: During the course
of case review, if a Tribe finds a case that is obviously ineligible
(e.g., no child or pregnancy) but received TANF assistance for the
report month, should the Tribe complete the review or drop this
case?
A1: The Tribe may not just drop the case.
It must complete the data collection and reporting for all families
that received assistance.
|