[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR260.74]

[Page 127-128]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER II--OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), 
 
PART 260_GENERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PROVISIONS
--Table of Contents
 
 Subpart C_What Special Provisions Apply to States that Were Operating 
                    Programs Under Approved Waivers?
 
Sec. 260.74  How do existing welfare reform waivers affect the application 
of the Federal time-limit provisions?

    (a)(1) If a State is implementing a time-limit component under a 
waiver, in accordance with this subpart, the provisions of section 
408(a)(7) of the Act will not apply in determining if a penalty should 
be imposed, to the extent that they are inconsistent with the waiver.

[[Page 128]]

    (2) For the purpose of determining if the State's demonstration has 
a time-limit component, the waiver list for the demonstration must 
include provisions that directly correspond to the time-limit policies 
enumerated in section 408(a)(7) of the Act (i.e., address which 
individuals or families are subject to, or exempt from, terminations of 
assistance based solely on the passage of time or who qualifies for 
extensions to the time limit).
    (b)(1) Generally, under an approved waiver, except as provided in 
paragraph (b)(3) of this section, a State will count, toward the Federal 
five-year limit, all months for which the head-of-household or spouse of 
the head-of-household subject to the State time limit receives 
assistance with Federal TANF funds, just as it would if it did not have 
an approved waiver.
    (2) The State need not count, toward the Federal five-year limit, 
any months for which a head-of-household or spouse of the head-of-
household receives assistance with Federal TANF funds while that 
individual is exempt from the State's time limit under the State's 
approved waiver.
    (3) Where a State has continued a time limit under waivers that only 
terminates assistance for adults, the State need not count, toward the 
Federal five-year limit, any months for which an adult subject to the 
State time limit receives assistance with Federal TANF funds.
    (4) The State may continue to provide assistance with Federal TANF 
funds for more than 60 months, without a numerical limit, to families 
provided extensions to the State time limit, under the provisions of the 
terms and conditions of the approved waiver.
    (c) Corresponding to the inconsistencies certified by the Governor 
under Sec. 260.75, we will calculate the State's time-limit exceptions 
by:
    (1) Excluding, from the determination of the number of months of 
Federal assistance received by a family:
    (i) Any month in which the adult(s) were exempt from the State's 
time limit under the terms of an approved waiver or any months in which 
the children received assistance under a waiver that only terminated 
assistance to adults; and
    (ii) If applicable, experimental and control group cases not 
otherwise exempted; and
    (2) Applying the State's waiver policies with respect to the 
availability of extensions to the time limit.