§ 35A-3-306. Limits on eligibility.

(1) For purposes of this section, "battered or subjected to extreme cruelty" is defined in Section 103(a)(1) of P.L. 104-193 or 42 U.S.C. Sec. 608(a)(7)(C)(iii), The Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

(2) Except as provided in Subsection (4), the division may not provide cash assistance to a family who has received cash assistance for 36 months or more.

(3)

(a) The division shall count toward the 36-month time limit in Subsection (2) any time after January 1, 1997, during which:

(i) the parent client received cash assistance in this or another state; and

(ii) the parent client is disqualified from receiving cash assistance and the parent client's income and assets are counted in determining eligibility for the family in this or another state.

(b)

(i) The division may not count toward the 36-month time limit in Subsection (2) or the 24-month time period in Subsection (4) any time during which:

(A) a person 18 years of age or older received cash assistance as a minor child and not as a parent; or

(B) a parent client received transitional support cash assistance.

(ii) Transitional support cash assistance:

(A) may be paid if the department determines the assistance is necessary to stabilize employment and prevent recidivism;

(B) is only available to a parent client who was previously receiving cash assistance under the Family Employment Program but who becomes ineligible due to earned or unearned income; and

(C) may be granted for a maximum of three months provided the parent client is employed an average of 30 hours per week during the transitional period.

(4)

(a) For up to 24 months, the division may provide cash assistance to a family beyond the 36-month time limit in Subsection (2) if during the previous two months, the parent client was employed for no less than 20 hours per week.

(b) For up to 20% of the average monthly number of families who receive cash assistance under this part, the division may provide cash assistance to a family beyond the 36-month time limit in Subsection (2):

(i) by reason of a hardship; or

(ii) if the family includes an individual who has been battered or subjected to extreme cruelty.

(c) For up to 20% of the average monthly number of families who receive cash assistance under this part, the division may provide cash assistance to a family beyond the additional 24-month time period in Subsection (4)(a):

(i) by reason of a hardship; or

(ii) if the family includes an individual who has been battered or subjected to extreme cruelty.

(d) Except as provided in Subsections (4)(b) and (c), the division may not provide cash assistance to a family who has received 60 months of cash assistance after October 1, 1996.

Amended by Chapter 51, 2007 General Session