1392 Hardship Waiver | TANF

Georgia Division of Family and Children Services
TANF Policy Manual

Policy Title:

Hardship Waiver

Effective Date:

October 2024

Chapter:

1300

Policy Number:

1392

Previous Policy Number(s):

MT 76

Updated or Reviewed in MT:

MT-78

Requirements

A waiver of the lifetime limit may be granted to an assistance unit (AU) if certain hardship criteria are met.

Basic Considerations

A hardship waiver may be granted to an AU that is subject to and has reached Georgia’s 48-month lifetime limit.

If granted a waiver, an AU may receive an extension of cash assistance beyond the lifetime limit.

Cash assistance can be extended to an AU based on the following:

the presence in the AU of someone who is, or has been a victim of domestic violence, sexual assault, sexual harassment, or stalking and the threat of the domestic violence, sexual assault, sexual harassment, or stalking is a barrier to the AU’s attainment of self-sufficiency, or
another hardship, as defined by the state exists.

An AU may be granted a waiver based on domestic violence, sexual assault, sexual harassment, or stalking if the victim is not included in the AU because s/he is penalized, disqualified or ineligible or is an SSI recipient.

Hardship Criteria

A hardship exists when one or more of the following criteria has been or is a barrier to the AU’s attainment of self-sufficiency.

The AU meets the domestic violence criteria described above.
The AU has an active child protective services case and the circumstances necessitating the CPS case create a barrier to the AU’s attainment of self-sufficiency.
Participates in substance abuse program
Physical/Mental incapacity to work
Caring for a disabled household member

The disability of the grantee relative, household member or other eligible adult is a barrier to employment.

Documentation of the disability of a grantee relative, household member or other eligible adult must specifically support that the individual has significant barriers that hinder their ability to obtain gainful employment and must include a complete vocational rehabilitation assessment.

An AU may be eligible for a hardship waiver without a completed vocational rehabilitation assessment if:

the grantee relative develops a serious medical condition or a catastrophic injury occurs in the 44^th month or later, and
the condition renders the individual incapable of any type of work activity, and it is a barrier to the AU’s attainment of self-sufficiency, or
The vocational rehabilitation assessment must take place during the initial 3-month extension.

If the disability is that of a household member, documentation must specifically address attempts made to develop opportunities for participation in work activities, including the reason that the attempts failed to yield positive results.

Two-Parent AU

Both parents in a two-parent family must meet the hardship criteria for the AU to be granted a waiver.

When to Grant a Waiver

A hardship waiver may be granted at the following times:

the end of the 48-month lifetime limit,
any time an AU that previously reached its lifetime limit, reapplies for cash assistance and meets one of the hardship criteria.
the grantee relative has a disability that has been or is a barrier to the AU’s attainment of self-sufficiency, or
the grantee relative cares for a disabled household member, and the provision of care has been or is a barrier to the AU’s attainment of self-sufficiency.

Granting a Waiver

Hardship waivers are granted on a case-by-case basis. An AU may be granted a waiver and cash assistance may be extended for as long as an individual or both parents continue to meet at least one of the hardship criteria.

The AU must continue to meet all TANF eligibility requirements for as long as it receives an extension.

An AU that has had certain eligibility requirements waived because of domestic violence, sexual assault, sexual harassment, or stalking, may continue to have requirements waived, if necessary.

TANF policy supports a hardship waiver only if the disability of the grantee relative hinders his or her ability to obtain or maintain gainful employment. There must be adequate evidence supporting a cause for a hardship waiver for the family.

Extension Period

Extension for a period of up to three months can be granted to an AU.

Staffings are held in the last month to review eligibility for continued extensions.

Federal Limits

The federal TANF lifetime limit is 60 months. TANF assistance cannot be extended beyond the 60-month federal lifetime limit to more than 20% of the state’s average monthly TANF caseload.

Hardship waivers beyond the 60-month limit may not necessarily be granted to every AU that meets the hardship criteria because of the 20% cap.

If not all AUs who meet the hardship criteria can receive an extension, priority will be given to AUs based on the hardship in the order in which the criteria are listed.

Hardship Waiver Approvals

A hardship waiver for the period from the 49^th month through the 60^th month requires supervisory approval.

A hardship waiver beyond the 60^th month requires a recommendation at the local supervisory level and may also require final approval by the state office.

If an AU is otherwise eligible, the county can grant a hardship waiver and an extension of TANF eligibility from the 49^th month through the 60^th month of receipt of TANF.

If an AU is otherwise eligible for an extension of cash assistance after having received TANF for 60 months, the State Office may need to grant final approval of an extension because of the statewide limit on the number of extensions that can be granted.

Hardship Waiver Approvals after 60 months

The federal government has placed a 20% cap on the number of Hardship Waivers beyond 60 months.

When the aggregate of the Hardship Waivers from all of the counties combined reaches the statewide 20% limit, then the individual counties must request final approval of an extension from the state office.

A need for State Office approval of extensions beyond 60 months will be communicated to county offices when the state office is close to reaching the 20% limit.

Work and Personal Responsibility Requirements During an Extension

There are no exemptions to work requirements in an extension period. An exemption cannot continue beyond 48 months, nor can a new exemption be given during an extension period. Refer to Section 1349 Work Requirements.

When an individual fails, without good cause, to meet a work requirement or a personal responsibility requirement during an extension period, the case must be closed.

Sanction policy does not apply to an AU in an extension month.

Staffings

County staff must have a staffing (face-to-face or phone), in the 44^th month and in the 47^th month of receipt of TANF, in the last month of each extension period and at every reapplication subsequent to the end of the 48-month lifetime limit.

Staffings - Who Must Attend

The following individuals must attend the staffing:

the case manager responsible for TANF eligibility,
the case manager responsible for employment services, if a work plan is involved,
the grantee relative or both parents in a two-parent family.

The case manager’s immediate supervisor may choose to attend the staffing.

Good cause reasons may exist for one parent in a two-parent family to not attend a staffing. Good cause reasons may include, but are not limited to, the existence of domestic violence, sexual assault, sexual harassment, or stalking or the enrollment of one parent in a residential treatment facility.

Staffings - Who May Attend

The following individuals must be invited to attend the staffing:

the CPS worker and supervisor, if the AU has an active CPS case,
the domestic violence assessor, if appropriate,
the substance abuse counselor, if appropriate,
any other DFCS or non-DFCS staff person whose attendance is deemed appropriate.

Staffings - What Must Be Discussed

At each staffing, the case manager must discuss the purpose of the staffing, including the following:

explanation of the TANF federal life-time limit,
the issue of domestic violence, sexual assault, sexual harassment, or stalking and completion of Form 194, TANF Assessment for Domestic violence, Sexual Assault, Sexual Harassment, or Stalking, if applicable,
barriers to full-time employment and self-sufficiency,
participation in current work activity,
the appropriateness of the current TFSP and how is it leading to self-sufficiency,
the appropriateness of current support services and the need for additional services,
any information that could affect the AU’s eligibility for a hardship waiver, including family circumstances,
the AU’s potential eligibility for a hardship waiver and an extension or continued extension of benefits,
the grantee relative’s responsibilities during the AU’s remaining months of eligibility for cash assistance,
the requirement that the AU must continue to meet all conditions of eligibility during the extension period,
what the AU can do during an extension period to attain self-sufficiency.
the consequences of the AU’s failure to meet all conditions of eligibility during the extension period
the AU’s potential eligibility to continue to receive SNAP benefits and Medicaid if cash assistance is terminated,
what the AU can do to support itself if it does not meet hardship waiver criteria and is not eligible for an extension.

If the AU fails to keep a staffing appointment, the case must be terminated after expiration of timely notice. Form 192, TANF Lifetime Limit Termination or Denial Notice must be mailed.

Annual Reviews

Reviews of continued eligibility are required for all cases every twelve months. If the twelfth month falls in an extension period, a standard review must be completed.

Procedures

The following steps are listed as a procedural guide to complete the requested case action.

44-Month Staffing

Follow the steps below to complete the 44-month staffing:

Step 1	Send an appointment letter no later than the fifth calendar day of the month in which the staffing is due to every AU that is subject to the lifetime limit. Schedule the staffing to be conducted on or before the 15^th of the month. Provide a copy of the appointment letter to individuals who have been asked to attend the staffing.
Step 2	If the grantee relative, or both parents in a two-parent family, keeps the appointment, conduct a face-to-face interview. Proceed to Step 4.
Step 3	If the grantee relative, or both parents in a two-parent family, does not keep the appointment, terminate the case for failure to cooperate after the expiration of timely notice. If the grantee relative or one parent in a two-parent family contacts the agency within the timely notice period, reschedule the appointment. If this appointment is not kept, terminate the case based on the original timely notice.
Step 4	Discuss with the AU the required information listed under Staffings in this section.
Step 5	Identify circumstances that may qualify the AU for a hardship waiver at the end of 48 months.
Step 6	Thoroughly document the results of the staffing in case notes. Form 114, TANF Hardship Waiver Staffing Worksheet, may be used to minimize the amount of documentation required in case notes. Remember to scan any documents used into WebCenter Enterprise Capture (WEC) system and document the transaction number.
Step 7	A task will be generated as a reminder to complete the 47-month staffing.

If the AU reapplies for TANF, conduct the staffing as part of the application. Complete Steps 3 through 6.

47-Month Staffing

Follow the steps below to complete the 47-month staffing:

Step 1	Send an appointment letter no later than the fifth calendar day of the month in which the staffing is due to every AU that is subject to the lifetime limit. Schedule the staffing to be conducted on or before the 15^th calendar day of the 47^th month. Provide a copy of the appointment letter to individuals who have been asked to attend the staffing.
Step 2	If the grantee relative, or both parents in a two-parent family, keeps te appointment, conduct a face-to-face or phone interview. Proceed to Step 5.
Step 3	If the grantee relative, or both parents in a two-parent family, does not keep the appointment manually generate Form 192 TANF Lifetime Limit Termination or Denial Disposition Notification Form, to be mailed. The TANF case will be terminated following the expiration of timely notice.
Step 4	Discuss with the AU the required information listed under Staffings in this section.
Step 5	Determine whether the AU qualifies for a hardship waiver. Refer to Chart 1392-1 Hardship Waiver Determination. Obtain supervisory approval.
Step 6	Thoroughly document the results of the staffing in case notes. Form 114, TANF Hardship Waiver Staffing Worksheet, may be used to minimize the amount of documentation required in case notes. Remember to scan any documents used into WebCenter Enterprise Capture (WEC) system and document the transaction number.
Step 7	If a waiver is granted, update the TANF Extended Benefits-Details screen in Gateway and re-authorize the case. (This prompts Gateway to mail Form 191, TANF Hardship Waiver Disposition Notification.)
Step 8	Close the case after the expiration of timely notice of adverse action if the client keeps the staffing appointment and a hardship is established, but the client requests that the TANF case be closed. If the client request voluntarily closure, terminate the TANF effective the month after the request.
Step 9	Close the case after the expiration of timely notice of adverse action if the client keeps the staffing appointment but a hardship is not established. Manually generate Form 192 TANF Lifetime Limit Termination or Denial Disposition Notification Form, to be mailed.
Step 10	Review the current case information provided, as well as previous case documentation regarding the family situation, to determine the need for a CPS referral. Refer only if an investigation is needed to address situations that have been identified that may pose a threat to the safety of a child.
Step 11	Complete a referral to the local Community Action Agency for Family Resettlement Program (FRP) services for an AU that is at risk of homelessness because it is not being granted a hardship waiver and TANF extension.

If the AU reapplies following denial of a hardship waiver because the AU did not keep the 47-month staffing appointment or because the AU did not qualify for a waiver, conduct a staffing as part of the application process

Extension Period Staffings

Follow the steps below to complete a staffing during an extension period:

Step 1	Send an appointment letter no later than the fifth calendar day of the last month of the extension period. Schedule the staffing to be conducted on or before the 15^th calendar day of the final month of the extension period. Provide a copy of the appointment letter to individuals who have been asked to attend the staffing.
Step 2	If the grantee relative, or both parents in a two-parent family, keeps the appointment, conduct a face-to-face interview. Proceed to Step 4.
Step 3	If the grantee relative, or both parents in a two-parent family, does not keep the appointment, manually generate Form 192 TANF Lifetime Limit Termination or Denial Disposition Notification Form, to be mailed. The TANF case will be terminated following the expiration of timely notice. A home visit is not required.
Step 4	Discuss with the AU the required information listed under Staffings in this section.
Step 5	Determine whether the AU qualifies for an additional extension. Refer to Chart 1392.1 – Hardship Waiver Determination. Obtain supervisory approval.
Step 6	Thoroughly document the results of the staffing in case notes. Form 114, TANF Hardship Waiver Staffing Worksheet, may be used to minimize the amount of documentation required in case notes. Remember to scan any documents used into WebCenter Enterprise Capture (WEC) system and document the transaction number.
Step 7	If a waiver is granted, update the TANF Extended Benefits-Details screen in Gateway and re-authorize the case. (This prompts Gateway to mail Form 191, TANF Hardship Waiver Disposition Notification.)
Step 8	If a waiver is not granted, manually generate Form 192, TANF Lifetime Limit Termination or Denial Disposition Notification Form, to be mailed. The TANF case will be terminated following the expiration of timely notice.
Step 9	Close the case if the client keeps the staffing appointment and a hardship is established, but the client requests that the TANF case be closed. If the client voluntarily requests closure, terminate the TANF case the month after the request. Manually generate Form 192 TANF Lifetime Limit Termination or Denial Disposition Notification Form, to be mailed.
Step 10	Close the case after the expiration of timely notice of adverse action if the client keeps the staffing appointment but a hardship is not established. Manually generate Form 192 TANF Lifetime Limit Termination or Denial Disposition Notification Form, to be mailed.
Step 11	Review the current case information provided, as well as previous case documentation regarding the family situation, to determine the need for a CPS referral. Refer only if an investigation is needed to address situations that have been identified that may pose a threat to the safety of a child.
Step 12	Complete a referral to the local Community Action Agency for Family Resettlement Program (FRP) services for an AU that is at risk of homelessness because it is not being granted a hardship waiver and TANF extension.

Conduct a staffing as part of the application process if the AU reapplies following denial of a hardship waiver due to the AU’s failure to keep the extension period staffing appointment, or because the AU did not qualify for a hardship waiver.

Follow the procedures below to determine if the AU qualifies for a hardship waiver and for any subsequent consideration of eligibility for a waiver: **

Chart 1392.1 – Hardship Waiver Determination

Chart 1392.1 – Hardship Waiver Determination
IF	THEN
a claim is made that an AU member is, or has been a victim of domestic violence, sexual assault, sexual harassment, or stalking, domestic violence, sexual assault, sexual harassment, or stalking is established, and it is determined that it has been or is a barrier to the AU’s attainment of self-sufficiency,	The grantee relative, case manager and supervisor must attend the staffing. If available, the domestic violence assessor should attend the staffing. The domestic violence assessor’s input must be considered in making a hardship waiver determination. Follow the procedures in Section 1302, Domestic Violence, Sexual Assault, Sexual Harassment, or Stalking, for establishing a claim or suspicion of domestic violence, sexual assault, sexual harassment, or stalking. A waiver may be granted, and cash assistance extended.
it is verified through the agency’s CPS records that the AU has an active CPS case, it is determined that the conditions of the CPS plan have been or are a barrier to the AU’s attainment of self-sufficiency,	Determine if the conditions set forth in the CPS plan have been or continue to be a barrier to the AU’s attainment of self-sufficiency. The CPS worker should attend the staffing, if possible. The CPS worker’s input must be considered in making a hardship waiver determination. A waiver may be granted, and cash assistance extended.
the grantee relative claims to have a disability it is verified that the grantee relative has a disability, and that the disability has been or is a barrier to the AU’s attainment of self-sufficiency,	Verify, using medical information provided by VR, that: the grantee relative cannot work, the nature of the grantee relative’s disability and the limitations it places on the grantee relative’s ability to work and the expected duration of the disability. A waiver may be granted, and cash assistance extended.
the grantee relative is caring for a disabled household member, It is verified that it is necessary for the grantee relative to care for the disabled household member and it is determined that this necessity has been or is a barrier to the AU’s attainment of self-sufficiency,	Verify with a medical statement from the disabled household member’s physician that it is necessary for the grantee relative to remain in the home to care for the disabled individual. Verify there are not enough resources available for the disabled relative in the community. Verify the expected duration of the grantee relative’s need to provide care. The disabled household member need not be a member of the AU. A waiver may be granted, and cash assistance extended.
the grantee relative or other eligible adult indicates during or after 44-month’s staffing that, s/he has developed a serious medical situation, or a catastrophic event has occurred that would prevent him/her from participating in any type of work activity. it is verified that the grantee relative is currently under treatment, and it is determined that his/her current condition is a barrier to the AU’s attainment of self-sufficiency.	Review medical records to determine that the grantee relative’s recent medical condition is a barrier in obtaining stable employment. Verify the expected duration of the client’s recent medical condition. Refer to VR for further assessment in making a hardship waiver determination. A waiver may be granted, and cash assistance extended. VR assessment may be postponed until next staffing.
the grantee relative has made all appropriate efforts to find work, but is unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity, and the AU resides in a city or county designated as having insufficient job opportunities, which has proved to be a barrier to the AU’s attainment of self-sufficiency,	A waiver may be granted, and cash assistance extended.