TANF / SFA Time Limits - Indian Country Disregard
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TANF / SFA Time Limits - Indian Country Disregard


Revised June 17, 2013



Purpose:

WAC 388-484-0010How does the five year (sixty-month) time limit for TANF, SFA and GA-S apply to adults living in Indian country?

WAC 388-484-0010

WAC 388-484-0010

Effective February 1, 2011

WAC 388-484-0010 How does the five year (sixty-month) time limit for TANF, SFA and GA-S apply to adults living in Indian country?

1. If you are an adult living in Indian country, months of temporary assistance for needy families (TANF), state family assistance (SFA) and general assistance for pregnant women (from May 1, 1999 to July 31, 1999) do not count towards the time limit under certain circumstances.  

Months of cash assistance received do not count against the sixty-month lifetime limit while you are an adult living in Indian country or an Alaskan Native village where at least fifty percent of Indian adults are not employed.

2. Where must I live to qualify for the Indian country exemption to time limits?

To qualify for this exemption to TANF time limits, you must live in "Indian country."  The department uses the "Indian country" definition in federal law at 18 U.S.C. 1151.  Indian country is defined as reservations, dependent Indian communities, and allotments.  Dependent Indian communities must be set aside by the federal government for the use of Indians and be under federal superintendence.  Near reservation areas (areas or communities adjacent or contiguous to reservations) are not considered Indian country for the purposes of this exemption.

3. How does the department determine if at least fifty percent of adults living in Indian country are not employed?

The department uses the most current biennial Indian Service Population and Labor Force Estimates Report published by the Bureau of Indian Affairs (BIA), or any successor report, as the default data source to determine if the not employed rates for areas of Indian country are at least fifty percent.

4. What if a tribe disagrees with the not employed rate published in the BIA Indian Service Population and Labor Force Estimates Report?

A tribe may provide alternative data, based on similar periods to the Indian Service Population and Labor Force Estimates Report, to demonstrate that the not employed rate is at least fifty percent.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

  1. Federal welfare reform law requires states to exempt adults who live in Indian country from the 60-month TANF time limit. This policy recognizes the ties American Indian and Alaskan Native families have to their land and culture and the difficulty in finding employment on their land. The policy also recognizes that these families should not have to leave their reservations or other areas of Indian Country in order to find employment once they have used 60-months of cash assistance.

  2. This policy, however, does not exempt them from participation requirements. Qualifying recipients must still participate in WorkFirst activities even though a month of cash assistance does not count toward their 60-month clock.

  3. All of the following conditions must be met for months not to count where cash assistance was received:

    1. The parent, co-parent, spouse or adult relative caretaker lives in “Indian Country.” "Indian Country" includes all lands within the limits of any reservation, allotment (also known as “trust” land), and dependent Indian communities. Living near reservation areas, or in areas next to reservations, are not considered Indian Country, unless they are also allotted land or within a dependent Indian community. There are no dependent Indian communities in Washington at this time.
    2. The percentage of Indian adults in the area of Indian Country that are not employed is at least 50 percent or greater. (See 1997 Not Employed Rates, 1999 Not Employed Rates and 2001 Not Employed Rates tables.)

  4. Different mailing and residential addresses.

 


EXAMPLE

The adult lives in a qualifying area of Indian Country but has a mailing address outside of Indian Country. Can the adult still receive the Indian Country exemption?

Yes. The requirement only applies to where they are living. The exemption is not affected by the mailing address. ACES will read the residential address only.


EXAMPLE

The adult lives outside of the qualifying area of Indian Country but has a mailing address on the reservation. Can the adult still receive the Indian Country exemption?

No. The adult must live in a qualifying area of Indian Country in order to get the exemption.


  1. Automated tracking of adults living in Indian Country:

    Effective September 2001, the process of not counting the months of cash assistance for adults living in qualifying Indian country will be automated.

  2. When State and Tribe have different counts of months on assistance:   

It is possible that a Tribal TANF program may have a different count of months on assistance for a family than DSHS.  In this situation the State and the Tribal office are each obligated to accept the other's count.  If a family has exhausted its months on assistance in a Tribal TANF program, and no extensions are available under that program, the family may still be eligible for a post-60 months extension under the State TANF program.


WORKER RESPONSIBILITIES

  1. Ask clients if they are American Indians or Alaskan Natives. We do not require verification papers because each Tribe has different qualifications for membership or enrollment. If clients choose to report a change and now state that they are American Indians or Alaskan Natives, accept their declaration.

NOTE: A client’s Indian heritage is totally self-reported.

  1. Enter the Race and Native American Tribe fields on the ACES DEM1 screen,

  2. Effective September 2001, the process of not counting the months of cash assistance on the ACES TICS screen  for adults living in qualifying Indian country will be automated.

  3. This process of not counting months under the Indian country disregard includes adjusting the count of months from August 1, 1997 to the present.

  4. For some clients, ACES will not be able to tell if the client was living in Indian country because the address was not standardized (could not be found), the client was homeless, used a post office box / rural route address and did not have a residential address, or was in the Address Confidentiality Program.   For these clients either:

    1. Ask the client whether they live in Indian country.  Once the Indian country code is entered, the disregard of months will be automated for future months until the client moves.

    2. Standardize the address.  Once the address is standardized, the disregard of months will be automated for future months until the client moves.


The 70 ZIP CodesWhich Contain Some Indian Country As Of June 30, 2001

98002

98003

98022

98092

98221

98223

98226

98232

98241

98244

98247

98248

98257

98264

98271

98284

98292

98331

98342

98346

98350

98354

98357

98363

98370

98371

98382

98390

98392

98404

98421

98422

98424

98443

98513

98526

98552

98568

98571

98579

98584

98587

98590

98619

98620

98635

98672

98812

98829

98840

98841

98903

98932

98933

98935

98948

98951

98952

99013

99040

99116

99119

99122

99124

99129

99138

99155

99156

99166

99356


NOTE:
  • These are the only zip codes which contain Indian Country.
  • If the zip code is not on the list, then it does not contain Indian Country.
  • Not all land in the listed zip codes is Indian Country. Many zip codes contain a mix of Indian and non-Indian Country.

1997 Not Employed Rates- Automated in ACES - Provided For Information Only

"Not employed" rates for Washington Tribes -1997 BIA Labor Force Report Indian country disregard for TANF time limits

Covers the period from August 1997 through May 2001

Tribe

% Adults Not Employed

Tribe

% Adults Not Employed

Yakama

86.0

Quinault

57.5

Nooksack

81.2

Shoalwater

56.2

Nisqually

78.4

Port Gamble S'Klallam*

55.9

Quileute

78.0

Makah

54.4

Puyallup

78.0

Chehalis

52.2

Hoh

77.6

Stillaguamish

52.1

Lummi

74.1

Colville

49.1

Sauk-Suiattle

69.6

Suquamish

47.5

Skokomish

69.3

Tulalip

43.7

Upper Skagit

67.4

Jamestown S'Klallam

45.6

Kalispel

66.7

Squaxin Island

39.2

Lower Elwha*

66.1

Swinomish

34.5

Spokane

65.5

Muckleshoot

32.1

Source: 1997 Indian Service Population and Labor Force Estimates Report, and amended data provided by the tribes

*Tribe operating Tribal TANF program.  Tribe applies exemption for those months under Tribal TANF.

1999 Not Employed Rates- Automated in ACES - Provided For Information Only

Rates for Washington Tribes 1999 BIA Labor Force Report Indian country disregard for TANF time limits

Covers the period from June 2001 Through November 2005

Tribe

% Adults Not Employed

Tribe

% Adults Not Employed

Yakama

79.8

Muckleshoot

52.0

Quileute*

72.7

Port Gamble; Klallam*

51.6

Hoh

72.4

Stillaguamish

50.7

Puyallup

72.2

Tulalip

49.6

Nisqually

68.2

Quinault

48.8

Lummi

65.2

Makah

46.1

Spokane

64.9

Chehalis

45.9

Skokomish

64.8

Shoalwater

44.4

Nooksak

63.1

Suquamish

42.3

Lower Elwha*

58.7

Jamestown;Klallam

35.2

Kalispel

57.6

Squaxin Island

32.3

Sauk-Suiattle

57.1

Swinomish

26.8

Upper Skagit

57.0

Colville

21.2

Source: 1999 Indian Service Population and Labor Force Estimates Report.

*Tribe operating Tribal TANF program. Tribe applies exemption for those months under Tribal TANF.

2001 Not Employed Rates- Automated in ACES - Provided For Information Only

"Not employed" rates for Washington Tribes 2001 BIA Labor Force Report Indian country disregard for TANF time limits
COVERS THE PERIOD FROM DECEMBER 2005 UNTIL THE NEXT BIA REPORT IS AVAILABLE
Tribe  % Age 16 and Up Not Employed  Tribe  % Age 16 and Up Not Employed
Yakama 86.0 Upper Skagit 64.5
Quileute* 80.7 Samish 61.9
Nooksak* 79.5 Suquamish 61.8
Nisqually*(SPIPA) 79.0  Port Gamble S'Klallam* 57.9
Sauk-Suiattle 78.5 Quinault* 57.5
Spokane* 78.4 Tulalip*  55.8
Puyallup 77.9 Stillaguamish 52.1
Hoh  77.6 Lummi 50.2
Shoalwater 71.6 Jamestown S'Klallam  47.7
Makah 71.5 Swinomish 41.6
Skokomish*(SPIPA) 67.7 Muckleshoot 41.0
Colville* 67.3 Squaxin Island*(SPIPA) 39.2
Kalispel 66.7 Chehalis 35.5
Lower Elwha* 66.6 Snoqualmie 32.6
Source: Bureau of Indian Affairs, 2001 Indian Population and Labor Force Report (except for Upper Skagit data reported separately).

*Tribe operating a Tribal TANF program or participating in a Tribal TANF program consortium, such as the Tribal TANF program operated by the South Puget Intertribal Planning Agency (SPIPA). The Tribe will determine when to apply the Indian Country disregard while an adult is receiving benefits from their Tribal TANF program.


2005 Not Employed Rates- Automated in ACES - Provided For Information Only

"Not employed" rates for Washington Tribes 2005 BIA Labor Force Report Indian country disregard for TANF time limits

COVERS THE PERIOD FROM JANUARY 2013 UNTIL THE NEXT BIA REPORT IS AVAILABLE

Tribe

 % Age 16 and Up Not Employed

 Tribe

 % Age 16 and Up Not Employed

Puyallup (SPIPA)*

84.3

Snoqualmie

48.2

Nisqually (SPIPA)*

79.0

Jamestown 'Klallam 

47.7

Spokane*

78.4

Port Gamble 'Klallam*

44.5

Hoh

74.3 

Lummi*

43.7

Nooksack*

71.3

Muckleshoot 

41.0

Shoalwater Bay

70.2

Squaxin Island (SPIPA)*

39.2

Skokomish (SPIPA)*

67.7

Kalispel

39.0

Upper Skagit*

67.1

Swinomish

35.4

Lower Elwah Klallam*

66.6

Tulalip*

29.2

Sauk-Suiattle

66.5

Makah

25.7

Suquamish

61.8

Chehalis

14.4

Quinault*

57.5

Colville*

0.0

Yakama

55.0

Cowlitz

0.0

Stillaguamish

52.1

Quileute*

0.0

Samish

52.1

Source: Bureau of Indian Affairs, 2005 Indian Population and Labor Force Report. Some Tribes show zero unemployment due to not reporting any data under the categories of not available for work and not employed.
* Tribe operating a Tribal TANF program or participating in a Tribal TANF program consortium, such as the Tribal TANF program operated by the South Puget Intertribal Planning Agency (SPIPA). The Tribe will determine when to apply the Indian Country disregard while an adult is receiving benefits from their Tribal TANF program.


ACES PROCEDURES

See Interview - (DEM1) screen

See Interview - (ADDR) screen  (see Indian Country field information)

Modification Date: June 17, 2013