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Temporary Assistance for Needy Families Program Instruction
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No. TANF-ACF-PI-2008-10 |
Date: October 23, 2008 |
TO: State agencies administering the Temporary Assistance for Needy Families (TANF) program under title IV-A of the Social Security Act (Act), and other interested parties
SUBJECT: Pro-family Maintenance-of-Effort (MOE) Spending Provision
REFERENCES: Section 409(a)(7)(B)(i)(V) of the Act and the final TANF regulations at 45 CFR 263.2(a)(4)(ii)
PURPOSE: This Program Instruction reminds States of the change in the pro-family MOE claiming provision in the final TANF regulations effective October 1, 2008 and published in 73 FR, 6772, February 5, 2008
BACKGROUND: The Deficit Reduction Act of 2005 added a new MOE spending provision, “Counting of Spending on Certain Pro-Family Activities” at section 409(a)(7)(B)(i)(V) of the Act. Under this provision, qualified non-assistance pro-family expenditures for benefits and services provided to families who are not considered “eligible families” as defined in 45 CFR 263.2(b), count towards meeting a State’s basic MOE requirement. The final regulation defines “certain” for purposes of this new MOE claiming provision.
POLICY:
Effective October 1, 2008 (FY 2009), the TANF regulation at 45 CFR 263.2(a)(4)(ii) provides that “Counting of Spending on Certain Pro-Family Activities” within TANF purposes three or four means counting of non-assistance expenditures on only the allowable healthy marriage and responsible fatherhood non-assistance activities enumerated in sections 403(a)(2)(A)(iii) and 403(a)(2)(C)(ii) of the Act. States may claim these pro-family expenditures for non-assistance benefits provided to or on behalf of an individual or family, regardless of financial need or family composition, unless a limitation, restriction or prohibition under 45 CFR 263 Subpart A applies. We list the allowable healthy marriage and responsible non-assistance activities below.
Healthy Marriage Promotion Activities
Activities Promoting Responsible Fatherhood
With the exception of the above-described pro-family non-assistance expenditures, States may only claim toward their MOE requirement allowable expenditures for or on behalf of eligible families. An eligible family is a financially needy family that consists of, at a minimum, a child living with a caretaker relative or consists of a pregnant woman. States must include the quantified income and resource (if applicable) criteria that eligible families must meet to receive the particular benefit(s) in their TANF plan. See 45 CFR 263.2(b) for information on eligible families.
ACTION:
States that have been claiming all pro-family non-assistance expenditures that are consistent with TANF purpose three or TANF purpose four pursuant to the interim final TANF regulations, must examine their TANF plans to identify MOE-funded activities that do not meet the more narrow pro-family claiming criteria set forth in the final regulation. States must submit amendments to their TANF plans indicating the quantified income and resource (if applicable) criteria that eligible families must meet to receive the particular benefit(s).
BACKGROUND: October 1, 2008
INQUIRIES: Please direct any inquiries to the TANF Program Manager in your Region.
/s/
Sidonie Squier
Director
Office of Family
Assistance
