PROPOSED RULEMAKING
DEPARTMENT OF
PUBLIC WELFARE
[55 PA. CODE CHS. 133, 141 AND 183]
Redetermining Eligibility, General Eligibility Provisions and Income
[32 Pa.B. 431] The Department of Public Welfare (Department), under sections 402(a)(7)(A)(iii) and (B) and 408(a)(7)(A) and (C) of the Social Security Act (act) (42 U.S.C.A. §§ 602(a)(7)(A)(iii) and (B) and 608(a)(7)(A) and (C)); 45 CFR 264.1(c) (relating to what restrictions apply to the length of time Federal TANF assistance may be provided); and sections 201(2), 401(a), 403(b), 405.1(a.3), 405.3(a), (e) and (f), 432, 432(3) and (8) and 432.21(a) of the Public Welfare Code (code) (62 P. S. §§ 201(2), 401(a), 403(b), 405.1(a.3), 405.3(a), (e) and (f), 432, 432(3) and (8) and 432.21(a)), proposes to amend Chapters 133, 141 and 183 (relating to redetermining eligibility; general eligibility provisions; and income) to read as set forth in Annex A.
This proposal builds on proposed Temporary Assistance for Needy Families (TANF) rulemaking published at 31 Pa.B. 5875 (October 20, 2001) by establishing the Commonwealth's requirements for provision of TANF beyond the 60-month Federal time limit for receipt of TANF. The new program will be referred to as Extended TANF cash assistance. The final-form rulemaking for Extended TANF will be effective after promulgation of the final-form TANF rulemaking.
Section 408(a)(7)(A) of the act provides that a state may not provide TANF to a family that includes an adult who has received TANF for 60 cumulative months. However, section 408(a)(7)(C) of the act and 45 CFR 264.1(c) give states the option to extend TANF beyond the 60-month limit to families that have a hardship as defined by the state or include someone who has been battered or subjected to extreme cruelty (domestic violence). The number of families that may receive Extended TANF is limited to 20% of the average monthly number of families receiving TANF during the current or preceding fiscal year.
Purpose
The Department is choosing the Federal option that permits the State to extend cash assistance beyond 60 months to a family on the basis of hardship or domestic violence.
In creating the Extended TANF program, the Department recognizes that some families, due to domestic violence or other barriers, or both, which may be known or unknown to the Department, will not achieve self-sufficiency within the 60-month time limit for receipt of TANF prescribed under Federal law.
The legislative intent of the Commonwealth's cash assistance programs is to promote self-sufficiency of the people of this Commonwealth and to provide temporary assistance. See section 401(a) of the code. The legislation authorizing both the TANF and General Assistance (GA) cash assistance programs makes clear that employment, work activity and movement toward self-sufficiency are expected of recipients.
One of the purposes of the proposed amendments is to define and specify eligibility standards and procedures for Extended TANF. Families which have exhausted 60 months of TANF may be eligible for Extended TANF on the basis of individual or family circumstances. A family may qualify for Extended TANF on the basis of domestic violence. A family that does not qualify on this basis may qualify for Extended TANF if the adult agrees to enroll in and cooperate with specific programs and activities designed to promote self-sufficiency.
As a condition of eligibility for cash assistance, the adult who has exhausted 60 months of TANF and who is exempt from the Road to Economic Self-Sufficiency Through Employment and Training (RESET) program or establishes good cause for not meeting RESET requirements, shall agree on the Agreement of Mutual Responsibility (AMR) to enroll in the Maximizing Participation Project (MPP). The MPP is a program that helps individuals remedy medical conditions, functional limitations or good cause situations that preclude the individuals from complying with RESET requirements. The MPP team is comprised of a multidisciplinary group consisting of a county assistance office worker or an agent authorized by the Department and other individuals including, but not limited to, representatives from State and local agencies.
An integral component of MPP is a Work Capacity Assessment (WCA). The WCA will be completed by a physician or psychologist approved by the Department. The purpose of the WCA is to take an independent comprehensive look at the individual whose barrier to employment (for example, a medical condition, functional limitation or good cause situation) precludes the individual from complying with RESET requirements. The WCA will include a reevaluation of documented medical conditions and functional limitations and consideration of previously undiagnosed conditions and limitations. The WCA will seek to identify: 1) the nature and extent of medical conditions, functional limitations or good cause situations that preclude the individual from complying with RESET requirements; and 2) the individual's range of ability to engage in work and work-related activities, with and without appropriate treatment.
The WCA is premised on the Department's commitment to determine why an individual who has received TANF for 60 months continues to need cash assistance, and what that individual can do to maximize employability and financial independence. For the most current, comprehensive evaluation of the individual's limitations and abilities after 60 months of TANF, the WCA will be much more than a mere snapshot of that individual. To facilitate this, all available records of the individual's treating physician and psychologist will be considered and additional testing will be performed as needed. Existing records may or may not provide an updated, detailed diagnostic and therapeutic picture of the individual, even if that individual was exempt or had good cause from work requirements due to a medical condition, functional limitation or good cause situation that precluded the individual from complying with RESET requirements. These records and test results, and the individual's own statement regarding known or potential conditions and limitations, will supplement the current examination portion of the WCA. If the client has a good cause situation other than a medical condition or functional limitation, the WCA may or may not require an examination of the client. The WCA will always include an evaluation of existing documentation of the good cause situation.
The WCA will be followed by development of an MPP service plan that lists the activities designed to increase client self-sufficiency. Consistent with facts and conclusions derived from the WCA and the MPP team's recommendations, the MPP service plan will outline the types of work and work-related, vocational and therapeutic activities the individual can currently do. The service plan is designed to help the individual improve, control or eliminate the medical condition, functional limitation or good cause situation to the extent that it no longer precludes the individual from complying with RESET requirements. Clients who do not have a medical condition, functional limitation or good cause situation that precludes them from complying with RESET requirements are referred to the Work Plus Program (WPP). The WPP offers 30 hours per week of work and work-related activities. Eligibility for Extended TANF is contingent upon cooperation with the WCA and accompanying MPP service plan. Failure to comply with these requirements, without good cause, will result in the family's ineligibility for Extended TANF and GA.
Extended TANF benefits are not only available to clients who are exempt or have good cause, but are also available to a family that includes an adult who is required to participate in RESET if the adult agrees on an AMR to enroll in the WPP and cooperates in obtaining a vocational assessment. The vocational assessment includes, but is not limited to, an evaluation of the client's educational level, employment preferences, work history, skills, abilities and life circumstances as they relate to the client's ability to perform work. If the results of this assessment indicate that the adult has a medical condition, functional limitation or good cause situation that precludes the individual from complying with RESET requirements, the individual will be referred to MPP as previously discussed. If the results of the assessment indicate that the adult is able to comply with RESET requirements, the adult must participate a minimum of 30 hours per week in a combination of work and work-related activities. Willful failure to comply, without good cause, with the requirements of WPP will result in the imposition of durational sanctions on the family.
The proposed amendments also set forth eligibility requirements for GA when a family has exhausted 60 months of TANF and are necessary to comply with the statutory and regulatory mandates that applicants and recipients pursue Federal programs first, and that benefits for GA be consistent with Federally-funded cash assistance to the extent possible. See sections 403(b) and 432.21 of the code. Further, the proposed amendments are consistent with the General Assembly's legislative intent to promote self-sufficiency. See section 401(a) of the code.
To avoid an interruption of Federally-funded cash assistance, every family approaching 60 months of TANF will have the opportunity to apply for Extended TANF before their TANF benefits end. Also, a family who has exhausted TANF may apply for Extended TANF at any time. Pending adoption of the proposed amendments, families will continue to receive TANF cash assistance if otherwise eligible.
Need for Proposed Amendments
The proposed amendments are needed to incorporate the Commonwealth's regulations for Extended TANF for certain TANF families who will continue to need cash assistance beyond the 60-month Federal limit for TANF cash assistance. Without the amendments, exhaustion of the 60-month time limit for receipt of TANF benefits could leave some families facing hardships without crucial cash assistance, and could create unintended incentives to avoid work activity and employment or otherwise minimize movement toward self-sufficiency. The propose amendments are also needed to clarify that Extended TANF is a Federal benefit which cash assistance applicants must seek instead of GA, if they are potentially eligible, in accordance with sections 432(8) and 432.21(a) of the code.
Summary of Requirements
Section 133.23(a)(1)(vi) (relating to requirements) is added to specify that a change from TANF benefits to Extended TANF benefits requires a complete redetermination.
Section 141.21(n) (relating to policy) is amended to identify TANF, including Extended TANF, as a Federal program.
Section 141.21(n)(1) and (2) includes technical language changes to change Federal ''benefits'' to Federal ''programs'' and to simplify the wording.
Section 141.21(n)(1) and (i)--(iv) is amended and the subparagraphs are added to distinguish between the periods of ineligibility for TANF, Extended TANF and GA when an applicant fails, without good cause, to cooperate in establishing eligibility for Federal programs. An applicant for TANF is ineligible until the applicant complies. An applicant for GA is ineligible for a minimum period of 60 days and thereafter until the applicant complies. For Extended TANF, the applicant and the applicant's family are ineligible until the applicant complies. For GA, if the applicant has received 60 months of TANF, the applicant and the applicant's family are ineligible for a minimum of 60 days and thereafter until the applicant complies. The proposed amendments to § 141.21(n)(1) are consistent with § 183.13(c) (relating to potential sources).
Section 141.21(n)(2) is amended to specify that for Extended TANF and GA, if the recipient has received 60 months of TANF, the recipient and the recipient's family are ineligible until the recipient complies.
Section 141.41(e) (relating to policy) is added to specify that a family is ineligible for TANF if it includes an adult who has received 60 cumulative months of TANF. TANF received by a minor child is not counted unless the minor child is a head-of-household or married to a head-of-household.
Section 141.51(a) (relating to policy) is added to establish the policy requirements for receipt of Extended TANF. The requirements of TANF apply as well as the additional requirements set forth in the subsequent paragraphs in § 141.51.
Section 141.51(a)(1) is added to specify that a family which includes an adult who has received 60 cumulative months of TANF may be eligible for Extended TANF if a family member is or has been battered or subjected to extreme cruelty (domestic violence).
Section 141.51(a)(1)(i)--(vi) is added to specify eligibility conditions for receipt of Extended TANF on the basis of domestic violence. Domestic violence must be verified. Eligibility for Extended TANF must be reviewed at least every 6 months. The adult shall comply with a Domestic Violence Plan. A family in which child support or work requirements, or both, were waived due to domestic violence during receipt of TANF may receive Extended TANF for a period of time equal to the period of time that the good cause waiver was in effect. A family that has a current waiver of TANF child support or TANF work requirements may receive Extended TANF for the period the waiver is in effect. A family that does not qualify for Extended TANF on the basis of domestic violence may qualify for Extended TANF or GA under § 141.51(a)(2) or (3).
Section 141.51(a)(2), (2)(i) and (i)(A)--(C) is added to specify that a family may qualify for Extended TANF if the adult who has received 60 cumulative months of TANF is exempt from RESET requirements or establishes good cause for not meeting RESET requirements.
Section 141.51(a)(2)(ii) is added to specify that the adult must agree on the AMR to enroll in the MPP and cooperate in obtaining a WCA. A physician or psychologist approved by the Department shall complete the WCA.
Section 141.51(a)(2)(ii)(A) and (B) is added to specify that an adult whose WCA indicates a medical condition, functional limitation or good cause situation that precludes the adult's ability to work shall comply with the MPP service plan as documented on the AMR. Clients who do not have a medical condition, functional limitation or good cause situation that precludes them from complying with RESET requirements are referred to the WPP.
Section 141.51(a)(3) and (3)(i) and (ii) is added to establish eligibility conditions for Extended TANF when the adult shall comply with RESET requirements. The adult shall agree to enroll in WPP and cooperate in obtaining a vocational assessment.
Section 141.51(a)(3)(ii)(A) and (B) is added to specify that when the vocational assessment indicates that the adult is able to work, the adult shall participate a minimum of 30 hours per week in work and work-related activities. An adult whose vocational assessment indicates that the adult has a barrier that precludes the individual from complying with RESET requirements shall be referred to the MPP.
Section 141.51(b) is added to establish the conditions or actions that make families ineligible for Extended TANF.
Section 141.51(b)(1) is added to specify that a family is ineligible for Extended TANF when the adult fails, without good cause, to cooperate in establishing eligibility for Extended TANF or other Federal programs. That family is also ineligible for GA under § 141.61(a)(1)(xii) (relating to policy).
Section 141.51(b)(2) is added to specify that a family is ineligible for Extended TANF when the adult fails, without good cause, to cooperate with the MPP service plan, the WCA or domestic violence service plan, whichever is applicable. The family is also ineligible for GA.
Section 141.51(b)(3) is added to specify that a family is subject to sanction when the adult willfully fails, without good cause, to comply with the WPP.
Section 141.51(b)(3)(i)--(iii) is added to specify the durational sanction periods that apply to adults who willfully fail to comply with the WPP.
Section 141.52 (relating to definitions) is added to define ''adult,'' ''Extended TANF,'' ''MPP--Maximizing Participation Project,'' ''MPP Team,'' ''RESET--Road to Economic Self-Sufficiency Through Employment and Training,'' ''service plan,'' ''victim of domestic violence,'' ''vocational assessment,'' ''WCA--Work Capacity Assessment'' and ''WPP--Work Plus Program.''
Section 141.61(a)(1)(xii) is amended to specify that a family in which an adult refuses or fails, without good cause, to cooperate in establishing eligibility for Extended TANF is ineligible for GA.
Section 183.13(b) is amended to identify TANF and Extended TANF as Federal programs, to change the phrase Federal ''benefits'' to Federal ''programs,'' and to simplify the wording. This subsection is also revised to specify that for Extended TANF and GA, if the recipient has received 60 months of TANF, the recipient and the recipient's family are ineligible until the recipient complies.
Section 183.13(c), (c)(1) and (2) is amended to change the phrase Federal ''benefits'' to Federal ''programs,'' to simplify the wording, and to change ''AFDC'' to ''TANF.''
Section 183.13(c)(3) is added to specify that the applicant and the applicant's family are ineligible for Extended TANF until the applicant complies.
Section 183.13(c)(4) is added to specify that for GA, if an applicant has received 60 months of TANF, the applicant and the applicant's family are ineligible for a minimum period of 60 days and thereafter until the applicant complies.
Section 183.13(d) includes technical amendments to change ''AFDC'' to ''TANF'' and to add a reference to Extended TANF.
Affected Individuals and Organizations
The proposed amendments affect TANF families with an adult who has received TANF for 60 cumulative months. These families may qualify for Extended TANF on the basis of domestic violence or their willingness to enroll in and cooperate with programs and activities designed to lead toward self-sufficiency.
Fiscal Impact
Commonwealth
The estimated cost in TANF Federal funds for 2001-2002 is $2.186 million.
Public Sector
No other government entity will incur any costs or realize any savings.
Private Sector
No private sector will incur any costs or realize any savings.
Paperwork Requirements
The proposed amendments will increase the paperwork requirements associated with the eligibility process for affected families. Families who are eligible for Extended TANF shall comply with additional requirements related to medical/functional assessments and associated service plans, increasing the number of client contacts and related paperwork.
Effective Date
The proposed amendments are effective on March 4, 2002, or upon publication in the Pennsylvania Bulletin as final-form rulemaking, whichever is later.
Sunset Date
There is no sunset date. TANF regulations are also reviewed through the Department's quality control and corrective action review process.
Public Comment Period
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to the Department of Public Welfare, Edward Zogby, Director, Bureau of Policy, Room 431, Health and Welfare Building, Harrisburg, PA 17120, (717) 787-4081 within 30 days after the date of publication in the Pennsylvania Bulletin. Comments received within 30 calendar days will be reviewed and considered in the preparation of the final-form amendments. Comments received after the 30-day comment period will be considered for subsequent revisions of the propped amendments.
Persons with a disability may use the AT&T Relay Service (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 16, 2002, the Department submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Committee on Health and Human Services and the Senate Committee on Public Health and Welfare. In addition to submitting the proposed rulemaking, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed rulemaking to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of objections raised.
FEATHER O. HOUSTOUN,
SecretaryFiscal Note: 14-474. No fiscal impact; (8) recommends adoption. Federal Temporary Assistance to Needy Families (TANF) Funds for the Extended TANF Program is expected to cost $2.186 million in 2001-2002 and $7.577 million in 2002-2003 and later fiscal years.
Annex A
TITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUAL
Subpart B. INTAKE AND REDETERMINATION
CHAPTER 133. REDETERMINING ELIGIBILITY
REDETERMINING ELIGIBILITY PROVISION
FOR TANF/GA§ 133.23. Requirements.
(a) Reapplication. A reapplication or complete redetermination of eligibility shall conform to the following:
(1) General requirements. General requirements are as follows:
* * * * * (vi) A complete redetermination is required when a budget group transfers from TANF to Extended TANF.
* * * * *
Subpart C. ELIGIBILITY REQUIREMENTS
CHAPTER 141. GENERAL ELIGIBILITY PROVISIONS
ELIGIBILITY PROVISIONS FOR TANF/GA § 141.21. Policy.
* * * * * (n) [Cooperate] An applicant or recipient shall cooperate with the CAO in identifying and applying for Federal programs as the primary source of financial assistance, such as, but not limited to, SSI [and], RSDI, TANF and Extended TANF, in accordance with the following:
(1) An applicant for TANF, Extended TANF or GA who fails, without good cause, [fails] to cooperate in establishing eligibility for Federal [benefits shall be determined] programs is ineligible for cash assistance [for a period of no less than 60 days and thereafter until such time as the individual complies.] as follows:
(i) For TANF, the applicant is ineligible until the applicant complies.
(ii) For GA, the applicant is ineligible for a minimum of 60 days and thereafter, until the applicant complies.
(iii) For Extended TANF, the applicant and the applicant's family are ineligible until the applicant complies.
(iv) For GA, if the applicant has received 60 months of TANF, the applicant and the applicant's family are ineligible for a minimum of 60 days and thereafter until the applicant complies.
(2) A recipient of TANF, Extended TANF or GA who fails, without good cause, [fails] to cooperate [with the CAO] in establishing [their] eligibility for SSI, RSDI, TANF, Extended TANF or other Federal [benefits, shall have assistance terminated] programs is ineligible for cash assistance until [such time as] the recipient complies. For Extended TANF and GA, if the recipient has received 60 months of TANF, the recipient's family is also ineligible until the recipient complies.
* * * * *
ELIGIBILITY PROVISIONS FOR [AFDC] TANF § 141.41. Policy.
* * * * * (f) A family is ineligible for TANF cash assistance payments if it includes an adult who has received 60 months of TANF cash assistance.
(1) Assistance received as a minor child is not counted toward the 60-month limit.
(2) Assistance received as a minor child head-of-household or a minor child married to the head-of-household counts toward the 60-month limit.
(3) Periods of receipt of TANF need not be consecutive to count toward the 60-month limit.
ELIGIBILITY PROVISIONS FOR EXTENDED TANF § 141.51. Policy.
(a) In addition to the requirements of Chapter 133, § 141.21 and Chapters 142, 177 and 183, a family may be eligible for Extended TANF as follows:
(1) A family that includes an adult who has exhausted 60 months of TANF may receive Extended TANF if the adult applicant or recipient or other family member is or has been a victim of domestic violence as defined in § 141.52 (relating to definitions). Eligibility for Extended TANF under this paragraph is subject to the following:
(i) Domestic violence shall be verified. If the family has a current or past waiver of TANF child support cooperation or TANF work requirements due to domestic violence, no further verification is required.
(ii) An applicant or recipient who was granted a good cause waiver of TANF child support cooperation or TANF work requirements due to domestic violence may receive Extended TANF for a period of time equal to the period of time that the good cause waiver was in effect.
(iii) An applicant or recipient who has a current waiver of TANF child support cooperation or TANF work requirements due to domestic violence may receive Extended TANF during the period the waiver is in effect, subject to periodic review in accordance with subparagraph (v).
(iv) A family in which a member is or has been a victim of domestic violence shall comply with a domestic violence plan developed with a person trained in domestic violence services.
(v) Eligibility shall be reviewed at least every 6 months.
(vi) The adult whose family is ineligible for Extended TANF under this paragraph may qualify for Extended TANF or GA under paragraph (2) or (3).
(2) The adult in a family which does not qualify for Extended TANF under paragraph (1) may qualify for Extended TANF under this paragraph if the adult:
(i) Establishes good cause as specified in § 165.52 (relating to good cause) for not meeting the requirements of the RESET Program, as defined in § 141.52 (relating to definitions), or is exempt from participation in RESET because the person is one of the following:
(A) Mentally or physically disabled as verified by a physician or licensed psychologist and the disability temporarily or permanently precludes any form of employment or work-related activity.
(B) The parent or other caretaker who is personally providing care for a child under 6 years of age for whom alternate child care arrangement is unavailable.
(C) The custodial parent in a one-parent household who is caring for a child who has not attained 12 months of age. This exemption is limited to a maximum of 12 months in the parent's lifetime.
(ii) Agrees to enroll in the MPP, as defined in § 141.52, and cooperate in obtaining a WCA, also defined in § 141.52. The agreement to enroll in MPP and to cooperate in obtaining a WCA will be documented, as a requirement of the client, on the AMR, as specified under section 405.3 of the Public Welfare Code (62 P. S. § 405.3).
(A) If the results of the WCA indicate that the adult has a medical condition, functional limitation or good cause situation that precludes the individual from complying with RESET requirements, the adult shall comply with a service plan developed by the MPP Team, as defined in § 141.52, and documented on the AMR.
(B) If the results of the WCA indicate that the adult does not have a medical condition, functional limitation or good cause situation that precludes the individual from complying with RESET requirements, the adult will be referred to the WPP, as described in paragraph (3), and defined in § 141.52.
(3) The adult in a family which does not qualify for Extended TANF under paragraph (1) or (2) may qualify for Extended TANF under this paragraph if the adult:
(i) Agrees to enroll in the WPP, as documented on the AMR.
(ii) Cooperates in obtaining a vocational assessment, as defined in § 141.52.
(A) If the results of the vocational assessment indicate that the adult is able to comply with RESET requirements, the adult shall participate a minimum of 30 hours per week in a combination of work and work-related activities, as specified in section 402 of the Public Welfare Code (62 P. S. § 402).
(B) If the results of the vocational assessment indicate that the adult may have a medical condition, functional limitation or good cause situation that precludes the individual from complying with RESET requirements, the adult shall be referred to the MPP, as described in paragraph (2).
(b) A family is ineligible for Extended TANF if:
(1) The adult fails, without good cause, to cooperate in establishing eligibility for Extended TANF and other Federal programs, as specified under § 141.21(n)(relating to policy). The family is also ineligible for GA, as specified under § 141.21(n) and § 141.61(a)(1)(xii) (relating to conditions of eligibility).
(2) The adult fails, without good cause, to obtain a WCA or to comply with the MPP service plan or the domestic violence plan, whichever applies. The family is also ineligible for GA, as specified under §§ 141.21(n) and 141.61(a)(1)(xii).
(3) The adult willfully fails, without good cause, to obtain a vocational assessment or to comply with the WPP, whichever is applicable. A sanction will be imposed on the family as follows:
(i) For the first occurrence, 30 days or until the adult is willing to comply, whichever is longer.
(ii) For the second occurrence, 60 days or until the adult is willing to comply, whichever is longer.
(iii) For the third occurrence, permanently.
§ 141.52. Definitions.
The following words and terms, when used in this section and § 141.51 (relating to policy), have the following meanings, unless the context clearly indicates otherwise:
Adult--An individual who is 19 years of age or older or who is 18 years of age and not a full-time student in a secondary school or in the equivalent level of vocational or technical training.
Extended TANF--Federally-funded TANF cash assistance for eligible families in which an adult has exhausted 60 cumulative months of TANF cash assistance.
MPP--Maximizing Participation Project--A program to assist individuals remedy medical conditions, functional limitations and good cause situations that preclude the individual from complying with RESET requirements.
MPP team--A multidisciplinary group consisting of a CAO worker or an agent authorized by the Department and other individuals including representatives from State and local agencies.
RESET--Road to Economic Self-Sufficiency Through Employment and Training--A program operated by the Department, within the constraints of available funds, to enable recipients of cash assistance to secure permanent full-time unsubsidized jobs, entry-level jobs or part-time jobs which can establish a work history, preferably in the private sector, with wages and benefits that lead to economic independence and self-sufficiency as soon as practicable.
Service plan--A document developed to outline the steps necessary to enable an adult to engage in work, increase work participation or otherwise increase self-sufficiency.
Victim of domestic violence--An individual who is or has been battered or subjected to extreme cruelty, as defined in section 408(a)(7)(C)(iii) of the Social Security Act (42 U.S.C.A. § 608 (a)(7)(C)(iii)).
Vocational assessment--An evaluation of the factors that impact the client's ability to perform work, including the client's educational level, employment preferences, work history, skills, abilities and life circumstances.
WCA--Work Capacity Assessment--An independent medical, vocational or functional evaluation, or a combination of these, conducted by a physician or psychologist approved by the Department.
(i) If the client has a medical condition or functional limitation, the WCA is to be conducted based upon accepted medical standards, as well as standard framework and method of analysis.
(ii) The standard framework and method of analysis used will be the most recent edition of the American Medical Association, Guides to the Evaluation of Permanent Impairment.
(iii) If the client has a good cause situation other than a medical condition or functional limitation, the WCA may or may not require an examination of the client.
(iv) The WCA will always include an evaluation of existing documentation of the good cause situation.
WPP--Work Plus Program--An employment and training program funded by the Department providing work and work-related activities for at least 30 hours per week.
ELIGIBILITY PROVISIONS FOR GA § 141.61. Policy.
(a) Conditions of eligibility. The following relates to eligibility for GA:
(1) A person is eligible for GA under the requirements established in subsection (d) and if the appropriate eligibility conditions in the following chapters are met:
* * * * * (xii) Furthermore, eligibility for GA requires that the person be ineligible for TANF and Extended TANF because of failure to meet TANF and Extended TANF definitive conditions. An applicant or recipient who does not [meet a definitive condition] qualify for TANF or Extended TANF solely because of a refusal or failure, without good cause, to establish eligibility for TANF or Extended TANF is ineligible for GA. A person meeting definitive conditions but ineligible for TANF because of income, resources or participation in a strike is not eligible for GA. A person who refuses without good cause to cooperate in establishing paternity or support as required in the TANF or Extended TANF program is [not eligible] ineligible for GA. A family in which an adult refuses or fails, without good cause, to cooperate in establishing and maintaining eligibility for Extended TANF as provided in § 141.51(a)(1)--(3) (relating to policy) is also ineligible for GA.
* * * * *
Subpart D. DETERMINATION OF NEED AND AMOUNT OF ASSISTANCE
CHAPTER 183. INCOME
INCOME § 183.13. Potential sources.
* * * * * (b) A recipient of TANF, Extended TANF or GA who fails, without good cause, [fails] to cooperate with the CAO in [an effort to establish] establishing and maintaining eligibility for SSI, RSDI, TANF, Extended TANF, or other Federal [benefits shall have assistance terminated] programs is ineligible for cash assistance until the recipient complies. For Extended TANF and GA, if the recipient has received 60 months of TANF, the recipient's family is also ineligible until the recipient complies.
(c) An applicant for TANF, Extended TANF or GA who fails, without good cause, [fails] to cooperate in establishing eligibility for Federal [benefits shall be determined to be] programs is ineligible for cash assistance as follows:
(1) For [AFDC] TANF or Extended TANF, the applicant is [not eligible] ineligible until [he] the applicant complies.
(2) For GA, the applicant is [not eligible] ineligible for a minimum [period] of 60 days and thereafter, until [he] the applicant complies.
(3) For Extended TANF, the applicant's family is also ineligible until the applicant complies.
(4) For GA, if the applicant has received 60 months of TANF, the applicant and the applicant's family are ineligible for a minimum of 60 days and thereafter until the applicant complies.
(d) An individual who is eligible for [AFDC] TANF or Extended TANF and SSI may choose to receive a benefit from one of [the two] these programs. The individual may not receive SSI and [AFDC] TANF or Extended TANF simultaneously.
[Pa.B. Doc. No. 02-139. Filed for public inspection January 25, 2002, 9:00 a.m.]
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