CFR > Title 20 - Employees' Benefits > CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR > PART 645—PROVISIONS GOVERNING WELFARE-TO-WORK GRANTS > SUBPART B—General Program and Administrative Requirements (§645.200 to §645.270) > 645.212—Who may be served under the general eligibility and noncustodial parent eligibility (primary eligibility) provision?

645.212—Who may be served under the general eligibility and noncustodial parent eligibility (primary eligibility) provision?

An individual may be served under this provision if:
(a) (1) he is currently receiving TANF assistance under a State TANF program, and/or its predecessor program, for at least 30 months, although the months do not have to be consecutive; or
(2) (S) he will become ineligible for assistance within 12 months due to either Federal or State-imposed time limits on the receipt of TANF assistance. This criterion includes individuals (as well as children of noncustodial parents) exempted from the time limits due to hardship under section 408(a)(7)(C) of the Act or due to a waiver because of domestic violence under section 402(a)(7) of the Act, who would become ineligible for assistance within 12 months without the exemption or waiver;
(b) (S) he is no longer receiving TANF assistance because (s)he has reached either the Federal five-year limit or a State-imposed time limit on receipt of TANF assistance ( section 403(a)(5)(C) of the Act); or
(c) (S) he is a noncustodial parent of a minor child if:
(1) The noncustodial parent is:
(i) “Unemployed,” as defined in § 645.120 of this part ,
(ii) “Underemployed,” as defined by the State in consultation with local boards and WtW competitive grantees, or
(iii) “Having difficulty paying child support obligations,” as defined by the State in consultation with local boards and WtW competitive grantees and the State Child Support Enforcement (IV-D) Agency, and
(2) At least one of the following applies:
(i) The minor child, or the custodial parent of the minor child, meets the long-term recipient of TANF requirements of paragraph (a) of this section;
(ii) The minor child is receiving or is eligible for TANF benefits and services;
(iii) The minor child received TANF benefits and services during the preceding year; or
(iv) The minor child is receiving or eligible for assistance under the Food Stamp program, the Supplemental Security Income program, Medicaid, or the Children's Health Insurance Program; and
(3) The noncustodial parent is in compliance with the terms of a written or oral personal responsibility contract meeting the requirements of § 645.215 of this subpart.
(d) For purposes of determining whether an individual is receiving TANF assistance in paragraphs (a)(1) of this section and § 645.213(a), TANF assistance means any TANF benefits and services for the financially needy according to the appropriate income and resource criteria (if applicable) specified in the State TANF plan.