2.10.9 Federal 60-Month Lifetime Limit

Per federal law, states cannot provide federal TANF cash assistance to most families for more than 60 months. Federal law does not require a state to provide assistance for any period of time, which gives states the flexibility to establish lifetime limits of less than 60 months. Wisconsin has established a 48-month lifetime limit. Each state has established a TANF lifetime limit. The lifetime limit varies, for example, in some states the limit is 24 months, in other states it is 60 months. Regardless of which state federal TANF assistance is received, it is counted as part of the 60-month federal lifetime limit and Wisconsin’s 48-month lifetime limit.

In Wisconsin there are differences in how state lifetime limit months and federal months of assistance are counted. Months that count towards the 48-month state lifetime limit do not always count toward the 60-month federal lifetime limit. It is also possible for a month to count toward the federal lifetime limit, but not the state lifetime limit because of the requirements for months in a CMC placement. (See 2.10.8)

Only months of assistance that are paid for with Federal TANF funds (in whole or in part) count toward the federal lifetime limit. (See 19.2.3) A month counts towards the 60-month federal lifetime limit if:

1. The individual receives an actual payment of $1 or more through participation in a CSJ or W-2 T placement. (See 2.10.2.1)

· Months where the full payment was sanctioned to $0 prior to W-2 pulldown do not count towards the federal lifetime limit.

Note: If the placement on the last business day of the month is a TEMP placement (TMP or TNP), and there was a payment of $1 or more for a CSJ or W-2 T placement in the same calendar month, the month will also count toward the individual’s 60-month federal lifetime limit due to receipt of federally funded TANF cash assistance

· Months where a delayed payment is received count towards the month for which there was participation.

2. The individual receives a CMC payment and a W-2 T or CSJ placement immediately preceded the CMC placement. (See 2.10.8 for more information on time limits for CMC placements)

3. The individual receives transportation assistance while in an unpaid, case management only placement and certain conditions are met. (See 19.2.3)

4. The individual received TANF cash assistance in any other state. (See 2.10.2.3.1)

5. The individual is the other parent in the W-2 Group and is married to the placed parent who receives an actual CSJ or W-2 T payment of $1 or more.

· Months do not count toward the 60-month federal lifetime limit if the individual is a Non-marital Co-parent and is not the placed parent during a month.

The individual is exempt from having months count towards the federal lifetime limit if:

1. The individual is a qualified non-citizen or the placed parent in the W-2 Group is a qualified non-citizen. (See 2.4.2) W-2 payments made to qualified non-citizens are paid through state funds, not federal TANF funds, therefore those months do not count towards the federal lifetime limit.

2. The individual is living/lived on a federally recognized American Indian reservation, an Alaskan Native village, or an Indian country occupied by an Indian tribe during a month where at least 50% of the adults were not employed. (See 2.10.2.2)

3. The individual receives a $50 supplemental payment through participation in a CMF+ placement. Supplemental payments made to CMF+ participants are paid through state funds, not federal TANF funds; therefore, those months do not count towards the federal lifetime limit.

EXAMPLE 1: Judy and Joan are married and have adopted a child, Beth. Judy is participating in a CSJ placement. For every month that Judy receives a payment for her CSJ participation, Joan uses an ‘other parent’ month that counts toward both the federal 60-month limit and state 48-month lifetime limits.

EXAMPLE 2: Melissa and Keith are living together and have a child, Lenny. Melissa is in a W-2 T placement. For each month that Melissa receives a payment for her W-2 T participation, Keith will use an ‘other parent’ month that only counts toward the state 48-month lifetime limit. Because Keith is not married to Melissa, his ‘other parent’ months do not count towards his federal 60-month lifetime limit.

EXAMPLE 3: Ahmed and Julienne are married and have a child, Omar. Ahmed is a qualified non-citizen and is participating in a CSJ placement. Julienne is a U.S. citizen. For each month Ahmed participates in a CSJ placement, Julienne uses an ‘other parent’ month which only counts toward the state 48-month lifetime limit. Because Ahmed is a qualified non-citizen and his CSJ payment is paid through state funds and not TANF funds, these months do not count towards Ahmed or Julienne’s federal time limits. If Julienne became the placed parent, those months would count towards her federal time limit, but they would not count towards Ahmed’s time limit because he is a qualified non-citizen.

EXAMPLE 4: Hilda applies for W-2Wisconsin Works on May 22. Her FEPFinancial and Employment Planner places her in a W-2 T starting May 25. Hilda will receive a delayed payment in June for her May participation. In the Time Limit Tracking module, Hilda will use a W-2 T month for May and the month used will count toward both the state 48-month lifetime limit and federal 60-month lifetime limits based on her participation from May 25 to May 31.

2.10.9.1 Changing the Federal Indicator

The number of months for which an individual receives a TANF payment must equal the number of federal months used. When there is a discrepancy between payments received and federal lifetime months, the FEP (or the FEP’s supervisor) must adjust the individual’s 60-month federal time limit by changing the Federal Indicator for the month of participation in the Time Limit Tracking application. In the Edit Month dialogue box within the Time Limit Tracking application, the Federal Indicator should be changed from “Yes” to “No” in the following situations:

1. A W-2 employment position participant voluntarily returns in full a payment which was sanctioned due to nonparticipation.

2. A participant repays in full an overpayment for W-2 payments he or she should not have received due to IPV, sanctioned participation that was not entered timely by the W-2 agency, or fraud.

3. A system error in the Time Limit Tracking application causes an individual who meets the exemptions listed above to incorrectly use a month of their 60-month federal lifetime limit.

By changing the Federal Indicator, the month will still count towards an individual’s state and placement limit as necessary, but will not count towards the federal 60-month lifetime limit. For information on subtracting entire months of eligibility, see 2.10.5.