(a) An individual requesting TLC benefits, or an authorized representative, must sign an application for TLC benefits.
(b) An individual requesting TLC services must agree in writing to:
  (1) provide to the Texas Department of Human Services (DHS) receipts for all goods, services, or supplies purchased with program funds and make restitution to DHS for funds that were not spent and/or were spent for goods, services, or supplies that were not approved by DHS; and
  (2) return or release any unspent TLC funds if unable to move to a community setting within 60 days after the funds are made available. A single extension of 60 days may be allowed if the individual can provide a plan to move to the community within the 60-day extension period.
(c) Individuals requesting temporary rental assistance must agree in writing to the following conditions:
  (1) The applicant must file an application for subsidized housing through the federal Department of Housing and Urban Development, the Texas Department of Housing and Community Affairs, a public housing authority, or another program providing housing or rental assistance, and provide a copy of this application to DHS before rental assistance may be approved through the TLC program.
  (2) The rental assistance is limited to the difference between $2,500 and the sum of all other transitional assistance received through the TLC program, up to a maximum of $2,500 total, with no expectation of additional funds or extensions of this service.
  (3) The applicant must notify the case manager within 10 days of learning that the individual will receive sustainable housing for which TLC rental assistance is not required, or will receive subsidized housing through the U.S. Department of Housing and Urban Development, the Texas Department of Housing and Community Affairs, a public housing authority, or other program providing housing or rental assistance.
  (4) Rental assistance will cease if the individual receives sustainable housing for which TLC rental assistance is not required, or receives housing subsidized through the U.S. Department of Housing and Urban Development, the Texas Department of Housing and Community Affairs, a public housing authority, or other program providing housing or rental assistance.
(d) If no funds are available for TLC program services, the name of an individual who has requested TLC benefits is placed on an interest list for the TLC program.
(e) If funds become available to serve individuals on the interest list, names of individuals are removed from the interest list in the order in which the state office of DHS is notified that the service plan for the Community Based Alternatives (CBA), Community Living Assistance and Support Services (CLASS), Medically Dependent Children Program (MDCP), Deaf-Blind with Multiple Disabilities (DB-MD) programs, other DHS community care services, or other Medicaid-funded community-based service program has been developed for an individual who has applied for TLC benefits.

Source Note: The provisions of this §278.27 adopted to be effective June 2, 2002, 27 TexReg 4587; transferred effective June 28, 2024, as published in the June 7, 2024, issue of the Texas Register, 49 TexReg 4061