Kansas Economic and Employment Services Manual

3200 Exemptions - The system determines mandatory or exempt status and generates a referral task for mandatory clients.

3210 Work Related Exemptions for TANF and Food Assistance Mandatory Employment and Training (E&T) - The following individuals are exempt from work related requirements:

1. A person who is under the age of 16. For purposes of this provision, a person shall be considered exempt for the month they turn age 16.
    
2. A person who is aged 16-18 and not the parent of a child in the home and not the head of household is exempt if they are working toward attainment of a high school diploma or its equivalent. For purposes of this provision, a person shall be considered exempt through the month they turn 19.
   
   
3. A person who is aged 16-18 and the parent of a child in the home and not the head of household if they have their high school diploma or its equivalent. For purposes of this provision, a person shall be considered exempt for the month they turn age 18.
   
   
4. A person whose presence is required at home because of a verified medically determined condition of:
   
   
   •  an adult member of the home whose condition does not permit self-care, and when the care is not available from another person in the home.
     
     
   • a child in the home whose condition requires more than standard level of care for a child of that age and the level of care cannot be provided by another member of the home, the school, or a child care provider.
     
     In order to document the need for this person to provide care, the worker must obtain the following information from the medical provider on the ES-4310: the medically determined condition; the number of hours care is needed; how long will care be needed, and who can provide care.
     
     
5. A parent or other adult caretaker personally providing care for a child under the age of 2 months in their TANF household. For purposes of this provision, the person is exempt the month the child turns 2 months of age. The two months are defined as two consecutive months starting with the month after a child is born.

    

   Exception: The exemption for caring for a child under two months cannot be claimed:

   
   
   1. by either parent when two parents are in the home and the household meets the two parent definition for federal reporting purposes in 3110;
      
      EXAMPLE:
      Mother (28), Father (32), and 3 children ages 7, 4 and 1 month. This household meets the two parent definition for federal reporting purposes. Both parents are mandatory and neither parent can claim the child exemption.
      
      or
      
      
   2. by one parent or caretaker when the other parent or caretaker is in the home, and available, capable, and suitable to provide care; and the household does not meet the two-parent definition for federal reporting purposes in 3110;
      
      EXAMPLE:
      Mother (31), Father (35) and 1-month-old child. The mother and child receive TANF, and the father receives SSI. If the father is available, capable, and suitable to provide care for the 1-month-old child, the mother cannot claim the child exemption.

          
      EXAMPLE:
      Mother (31), Father (33), 1 month old child. Mother and child receive TANF. Father is not eligible for TANF because he is an undocumented non-citizen. If the father is available, capable and suitable to provide care for the child, the mother cannot claim the child exemption.
      
      EXAMPLE:
      Mother (22), stepfather (25), and a 1 month old non-mutual child only. Either the mother or the stepfather may claim the child exemption.
      
      NOTE: Both the mother and the stepfather are mandatory when the child turns 2 months of age.
      
      EXAMPLE:
      Mother (22), stepfather (25), and a 1 month old non-mutual child only. The step-father is employed part-time. Either the mother or the stepfather may claim the child exemption in this situation.
      
      or

      
      

   3. by a person age 19 or younger (child or adult) when the person is pregnant or a parent of a child in the home and the person does not possess a high school diploma or its equivalent. For purposes of this provision, a person shall become exempt the month they turn age 20;
      
      EXAMPLE:
      Mother (18) without a high school diploma or GED and a 1-month-old child receiving TANF cash assistance. Mother cannot claim the child exemption.

      
      

      or

      
      

   4. In addition, a client assigned to the Alcohol and Other Drug Assessment and Treatment activity for substance use disorders will not be eligible for a child-under exemption and will be expected to continue their recovery program once the baby is born.