Understanding TANF and "Deprivation"
In order to get TANF (Temporary Assistance to Needy Families),
a child must be “deprived of the care and support of at least one of their natural or adoptive parents.”
The child must be without this care and support “for at least 30 days beyond the date of application.”
This is called “deprivation.” You must meet this test to get TANF.
Usually, to get TANF, one parent is not in the home. However, to be eligible for TANF, the parent
who is not in the home must also not play a major role in the care of the child. If both parents are
in the home, the family may still be able to get TANF. In a two-parent home, one parent must be
incapacitated, unemployed or underemployed for deprivation to exist. We’ll explain more about each
type of deprivation below.
Single Parent Homes
In a single parent home, the parent can get TANF if the absent parent does not play a major role in the
maintenance, care, and guidance of the child. If the absent parent frequently sees the child, is
involved in decision-making, and plays a major role in the child’s life, then TANF may not be available.
If parents have “joint custody” a parent may still be able to get TANF. This happens if the family situation shows that the parent needing
TANF has much more responsibility for the child than the other parent. This decision is not just based
on the amount of time that the child spends in each home. Instead, it is based on the amount of
responsibility each parent takes for raising the child.
For example, parents have joint custody of a school age child. The child spends one week with dad and
the next week with mom. (These examples work whether it is dad or mom.) Deprivation may still exist if:
- Mom drives the child to and from school even when the child is with Dad.
- Mom takes care of the child after school or helps with homework even when the child will be with
Dad when Dad gets home.
- If the child is injured or sick, Mom is the parent that takes the child to the doctor or hospital,
even if it happens when the child is with Dad.
- Mom makes all the important decisions without Dad. For example, Mom decides about health care,
education, play dates, etc.
Any ONE of these factors alone may not prove deprivation. However, the TANF worker must look at
all factors to see if the deprivation test is met.
Two Parent Homes
If both parents live together with their children, they may still be able to get TANF. There are two
TANF programs that can help. One program helps when one parent is “incapacitated.” The other program
is for households where a parent is unemployed or not working fulltime.
TANF for Incapacitated Parents. If one parent in the home is physically or mentally unable to fully
support or care for a child, then deprivation may exist. Getting SSI, Social Security Disability,
Railroad Retirement Disability, or Medicaid based on disability is proof of incapacity.
But, you do not need to be on any of these programs to show that you are incapacitated.
You can get TANF even if you are only partly disabled. For example, if a parent is in an accident and
cannot work at least 20 hours a week for two or three months, the parent would probably be considered
“incapacitated.”
TANF for Unemployed or Underemployed Parents (TANF-UP). To see if you can get TANF under this
program, there are three steps:
- Look at the work history of the parent who earned the most money in the 24 month period before
applying for TANF. This parent is called the Primary Wage Earner (PWE).
- The PWE must have worked less than 100 hours over the 30-day period just before the date of
application, or when the PWE first became eligible.
The parent must also expect to work less than 130 hours in the next and future 30-day periods. This
includes self-employed parents.
[A family may skip step 3, if the PWE got
unemployment benefits within one year before
applying for TANF.]
- The PWE must have worked in at least 6 or more quarters in any 13 calendar quarters, ending one year
before the date of application.
A calendar quarter is the time from January 1 - March 31, April 1 - June 30, July 1 - September 30,
and October 1 - December 31.
The PWE must have earned at least $50 in 6 of the last 13 calendar quarters. Any type of employment
counts, including self employment, babysitting and lawn care. You will need to prove some way that
you did the work.
How to Get Help if Denied TANF
If you are told your family is not eligible for TANF because you do not meet the deprivation
requirement, or for any other reason, please contact your local office of
Pine Tree Legal Assistance or
Maine Equal Justice.
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