This Program Instruction provides information to TANF agencies to clarify the appropriate application of 409(a)(7)(B)(i)(II)(aa) of the Social Security Act (the Act) and 45 CFR 263.5(b), commonly known as the “new spending test,” which limits a state’s ability to count state maintenance-of-effort (MOE) expenditures for certain programs that existed in fiscal year (FY) 1995 to the amount that exceeds the FY 1995 expenditures.
To remind states of the February 22, 2014 deadline for submitting reports on its implementation of policies and practices to prevent assistance funded with TANF and maintenance-of-effort funds from being used in any electronic benefit transfer transaction in any liquor store; any casino, gambling casino, or gaming establishment; or any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. This Program Instruction also reminds states about the state plan requirements and the deadline associated with updating TANF plans.
The purpose of this Program Instruction is to update the policy regarding the eligibility of Iraqi and Afghan aliens granted special immigrant status for Federal TANF and State MOE public benefits, as a result of legislation.
To remind States of ways that Federal TANF funds (including TANF Emergency Fund awards issued as a result of the American Recovery and Reinvestment Act of 2009) and State MOE funds can be used to assist individuals from eligible families in need of short-term mental health and substance use treatment services.