[32 Pa.B. 6401]
[Continued from previous Web Page] [ ] Civil Legal Assistance
Effective July 2001, this initiative is a two-year pilot project. It is an effort to provide one-stop legal assistance for civil matters to victims of domestic violence in six locations throughout the State. Services include those not covered under Title IV-D funding, such as help in obtaining Protection from Abuse Orders from county courts, child custody court orders, encouragement to file for child support when the victim is the custodial parent, spousal support if needed and TANF waivers of work requirements.
Funding is provided to Pennsylvania Legal Services to assist with Protection From Abuse Orders and to look out for the victim's safety when filing for child support and child custody.
Eligibility for this initiative is limited to families that include a victim of domestic violence who have a gross annual earned income that does not exceed 235 percent of the FPIGs.
This initiative meets TANF purpose number one--provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives, and is funded with commingled funds.
[ ] School Prevention Education Program (Rape Prevention)
Effective July 2001, this initiative supports prevention education for school children on resisting unwanted sexual advances. Public relations campaigns have empowered middle school students to resist unwanted sexual advances by using posters, music CDs and magazines.
A new web site is available, www.teenpcar.org, which addresses students' concerns, including statutory rape.
Curriculum related to sexual violence is provided to teachers and community groups.
In the State Fiscal Year 1997-98, TANF funds began to fund additional prevention education programs that address statutory rape, for middle school students (grades 6 through 9) as well as high school age students. In Fiscal Year 2001-2002, additional TANF funds were added to expand the school prevention education efforts and to determine how to better approach middle school boys on the subject of rape prevention.
This initiative meets TANF purpose number three--prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing incidences of these pregnancies. This initiative is funded with 100 percent segregated Federal funds.
[ ] STOP Violence Against Women Formula Grant Program
Effective October 2001, this initiative is designed to improve the criminal justice system's response to violence against women and to enhance the services available to women who have been victims of violent crimes.
Funding supports programs that provide services to victims of domestic violence or rape. The TANF funds are used specifically for the victims' services component of this program.
Agencies eligible to apply for STOP funding are county governments or a county's private non-profit victim services agency. To receive funding, the county must have a coordinating team comprised of, at a minimum, representatives from law enforcement, prosecution and victim services.
This initiative meets TANF purpose number three--prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and purpose four--encourage the formation and maintenance of two-parent families. This initiative is funded with 100 percent segregated Federal funds.
[ ] Head-Start Collaboration Project
Effective October 2001, this initiative focuses on the priority of child care, education and job training for families as they make the transition from welfare to work. The strategy has been to create awareness and provide resources and technical assistance to support the development of full-day/full-year services through local Head-Start child care partnerships.
In addition to child care services, Head-Start provides early education enrichment, literacy and intervention programs which pattern the child into becoming a responsible youth who can make educated decisions.
Funding assists with the expansion of full-day/full-year child care options to low-income families.
Eligibility for this initiative is limited to applicants who are Head-Start Centers and who use the grant to provide Head-Start child care services to children from low-income families who meet the Head-Start eligibility criteria and whose incomes do not exceed 235 percent of the FPIGs.
This initiative meets TANF purpose number three--prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies. This initiative is funded with 100 percent segregated Federal funds.
[ ] Weed and Seed Program
Although effective September 1995, this initiative did not receive TANF funds to support this program until July 2002. Its purpose is to create a strong partnership between the community and law enforcement, resulting in social and economic revitalization for the neighborhood and family. This initiative targets medium-sized Pennsylvania communities that are especially challenged by poverty, crime, teenage pregnancy, broken families, educational failure and elevated rates of school dropouts.
In addition to the nine current community sites, five more are scheduled to open by the end of 2002. In fiscal year 2002-2003, TANF funds will support new programs or enhance existing programs.
This initiative meets TANF purpose number three--prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing incidence of these pregnancies; and purpose four--encourage the formation and maintenance of two-parent families. This initiative is funded with 100 percent segregated Federal funds.
[ ] Women in Need--Alternatives to Abortion
Effective July 2002, this initiative provides pregnancy and parenting support to women in need. The program primarily provides information and counseling that promote childbirth instead of abortion and assists pregnant women in their decision regarding adoption or parenting. Services are provided free to women participating in the program.
Real Alternatives, which uses the Women in Need project as its vehicle to manage State funding, has received TANF funds for Alternatives to Abortion in the 2002-2003 Appropriations Act 7-A of 2002.
Eligibility for this initiative is limited to women who have a gross annual earned income that does not exceed 185 percent of the FPIGs. Additionally the women must:
* Be pregnant;OR* Suspect they are pregnant;OR* Be the parent of an infant less than 12 months of age.This initiative meets TANF purpose number four--encourage the formation and maintenance of two-parent families, and is funded with 100 percent segregated Federal funds.
[ ] Housing Collaboration Initiative (Housing Rehabilitation Program)
Effective October 2002, this initiative seeks to alleviate one of the most common problems for many low-income families: housing in need of repairs. The program provides funding for local housing rehabilitation and repair for homeowners and minor alteration/renovation for rental properties.
DCED reserves the right to alter the funding request based on the application demand and quality.
Eligible applicants for funding include units of local government and redevelopment authorities. Nonprofit entities seeking to undertake rehabilitation can partner with their local government or redevelopment authority to apply on their behalf.
Eligibility for this initiative is limited to families that include a dependent child under the age of 18 living in the home. The family also must have a gross annual income below 80 percent of the median family income for the geographic area where the home is located (the same as Section 8 income limits), or have a gross annual income that does not exceed 235 percent of the FPIGs.
This initiative meets TANF purpose number one--provide assistance to needy families so that children may be cared for in their homes or in the homes of relatives; purpose two--end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; and purpose four--encourage the formation and maintenance of two-parent families. This initiative is funded with 100 percent segregated Federal funds.
[ ] Critical Job Training Grants
Effective February 2002, this initiative is designed to make Pennsylvania more responsive to the critical workforce shortages that are the result of skill deficiencies, distressed industries and employee dislocations.
Program participants receive industry-specific training in high demand occupations, leading to immediate job placement and/or advancement.
Eligibility for this initiative is limited to needy families, as defined on page 22, (excluding pregnant women) or a non-custodial parent of a minor child. The needy family or the non-custodial parent must have a gross annual earned income that does not exceed 235 percent of the FPIGs. Additionally, a non-custodial parent must have a support order(s) in good standing.
This initiative meets TANF purpose number two--end the dependence of needy parents on government benefits by promoting job preparation, work and marriage, and is funded with 100 percent segregated Federal funds.
4. Defining Needy Families
A needy family is defined as a minor child and his parent(s) or other adult specified relative with whom he lives who meet the income and resource standards established under this TANF State Plan. Eligibility for TANF is also extended to pregnant women who have no other children living with them.
[ ] Minor Child
A minor child is under age 18 or is age 18 and a full-time student in a secondary school or in the equivalent level of vocational or technical training.
[ ] Specified Relative
A specified relative is defined as an adult who:
* Is exercising responsibility for the care and control of the child by making and carrying out plans for the support, education and maintenance of the child and applying for assistance on behalf of the child. The finding that a relative is exercising care and control of the child is made whether the relative is the parent or other relative of the child.* Is maintaining a home in which the child lives with him or her, or is in the process of setting up a home where the child will go to live with him or her within 30 days after receiving the first TANF payment.* Is related to the child as follows:- A blood relative who is within the fifth degree of kinship to the dependent child, including a first cousin once removed. Second cousins and more remote cousins are not within the fifth degree of kinship. A first cousin once removed is the child of one's first cousin or the first cousin of one's parent. The fifth degree of kinship includes great-great grandparents and great-great-great grandparents. The fifth degree of kinship also includes other relationships prefixed by great, great-great, grand or great-grand. Blood relatives include those of half-blood.- A parent by legal adoption and any of the adopting parent's blood or adoptive relatives as described above.- Stepfather, stepmother, stepbrother and stepsister.- A spouse of any of the relatives described above even though the marriage is terminated by death, separation or divorce.[ ] Minor Parent
A minor parent is defined as:
* A TANF eligible person under 18 years of age who has never been married and is the natural parent of a dependent child living with the minor parent, or is pregnant or;* A GA-eligible person 16 or 17 years of age who has never been married and is the natural parent of a dependent child living with the minor parent or is pregnant.If the minor parent cannot return to the home of a parent, legal guardian, or other relative, the Department, in consultation with the county children and youth agency, will provide assistance to the minor parent and dependent child in locating a second-chance home, maternity home or other appropriate adult-supervised supportive arrangement unless the agency determines that the minor parent's living situation is appropriate.When both parents are living with a child, the family may qualify for TANF only if one or both parents are incapacitated or unemployed.
Certain persons who live with the minor child must be included in the application for assistance. These members of the TANF mandatory budget group include the TANF child, the biological or adoptive parents of the TANF child and blood-related or adoptive siblings of the TANF child as long as they also meet TANF eligibility requirements.
A family, for purposes of the 60-month time limit, is defined as a minor child and his parent(s) or other adult specified relative with whom he lives and who is applying on the child's behalf. A family does not include a specified relative who is not included in the TANF mandatory budget group and is seeking TANF assistance only for the minor child.
[ ] Absence of a Minor Child
Under TANF, a specified relative may continue to receive benefits for an otherwise eligible minor child who is absent, or expected to be absent, from the home. The State may choose between several periods of temporary absence: not less than 30 days, up to 45 days, up to 180 days or more than 180 days if good cause is established.
Pennsylvania elects to define temporary absence as one that does not exceed 180 consecutive days.
A caretaker relative of a minor child who fails to notify the CAO of the minor child's absence by the end of the five-day period, that begins with the date it becomes clear to the specified relative that the child will be absent for more than 180 consecutive days, is ineligible for TANF for a period of 30 days.
5. Personal Responsibility--The Agreement of Mutual Responsibility
Pennsylvania is exercising the TANF option to establish an individual responsibility plan, known as the Agreement of Mutual Responsibility (AMR). The AMR establishes the obligations to be undertaken by the recipient to develop a path towards self-sufficiency regarding participation in work or work-related activities. The Department supports those efforts by providing supportive services and referrals. The following individuals are required to sign the AMR:
* Adult applicants and recipients who are required to sign the Application for Benefits, whether they are not exempt from or have good cause for not meeting the work requirements.* Pregnant teens or minor parents who sign the Application for Benefits on their own behalf.The AMR stresses the temporary nature of cash assistance and focuses on the steps the recipient must take to establish a path toward self-sufficiency. The AMR also specifies the penalties for failure to comply and the actions to be taken by the Department to support the efforts of the recipient. Refusal to sign the AMR, without good cause, will result in ineligibility for the person required to sign the AMR.
NOTE: Refusal of the applicant/recipient to sign the AMR, without good cause, while applying for or receiving Extended TANF results in ineligibility of the entire family rather than just the person required to enter into the AMR. The explanation of the Extended TANF program can be found in Section B ''Special Provisions'' of this document.
As part of completion of the AMR, the CAO determines whether the client is exempt from or has good cause for not participating in work/work-related activities. For clients required to participate in work and work-related activities, the AMR includes a requirement to conduct an initial job search for up to eight weeks. The job search will serve as the initial assessment of the skills, work experience and employability of each adult recipient. In addition to the initial job search, the AMR is also used to outline other work participation activities and obligations for nonexempt clients. Penalties for noncompliance, without good cause, with work/work-related requirements set forth on the AMR, were applied beginning March 3, 1997.
Pursuant to Act 35, the AMR will include the following obligations, when appropriate to the individual or family situation.
* Receive prenatal care as recommended by the doctor or clinic and/or ensure that children are immunized, receive periodic health screening and appropriate medical treatment.* Take steps, if needed, which will improve a child's school attendance and improve his or her chances for earning a high school diploma.* Submit to a substance abuse assessment by the local county authority if the CAO determines that a person may have a substance-abuse problem that presents a barrier to employment. If the assessment indicates that a drug or alcohol problem exists, the client will be required to participate in and complete an approved treatment program. If a person fails to enter or complete a program, he or she can comply by providing proof of substance-free status by submitting to periodic drug testing.* Make appropriate payments to service providers from allowances given for child care and other special needs provided to enable the client to fulfill his or her commitment to engage in work or a work-related activity.* Comply with work and work-related activity requirements.* Meet other obligations specified on the AMR related to self-sufficiency and parenting responsibilities.These obligations are basic personal and parental responsibilities which are important to the physical and mental well-being of the family. If not addressed, they not only represent potential barriers to employment, but could increase the likelihood that welfare dependency will be passed from one generation to the next.
The Department will establish penalties and good cause criteria for noncompliance before implementing sanctions associated with these obligations.
6. Time Limit and Work Requirements for Receipt of TANF
Receipt of TANF assistance is limited to a total of 60 months (five years) in the lifetime of an adult head-of-household or spouse of head-of household. The assistance received as an adult (over age 18) head of household or spouse of head of household counts towards the limit. Assistance received by a pregnant minor head of household, minor parent head of household or minor married to the head of household also counts towards the limit. Periods of receipt need not be consecutive to count towards the 60 months. If the TANF budget group includes only a child(ren), the 60-month limit does not apply.
After receiving a total of 24 months of cash assistance, an individual must meet the work requirements by working or participating in any combination of work and approved work activity for at least an average of 20 hours per week, unless the individual is exempt or has good cause for not doing so.
Beginning March 3, 1997, the Department activated both the 60-month TANF time clock and the pre-/post-24 month work requirement clock for recipients. For applicants, these clocks are activated when cash assistance is authorized. The Department tracks time by counting days. For purposes of the TANF time limit, 60 months equals 1830 days. For purposes of applying appropriate work/work activity requirements, 24 months equals 732 days.
7. Determining Eligibility
Pennsylvania is following rules, regulations and procedures in effect prior to the TANF implementation date, except for the following provisions that are authorized or required by State law (Act 35 and Act 58) or by Federal law:
[ ] Earned Income Disregard
The gross earned income of recipients is subject to a continuous 50 percent disregard. The disregard encourages recipient families to work and provides additional financial support as they make the transition from welfare to self-sufficiency. Applicants may qualify for the 50 percent disregard if they have received TANF in one of the four months prior to application or if their income is equal to or less than the standard of need. The deduction for the cost of dependent care for an incapacitated adult is made following application of the 50 percent disregard.
[ ] Earned Income: Sanctioned, Disqualified or Otherwise Ineligible Individuals
The earned income of sanctioned, disqualified or otherwise ineligible budget group members is treated uniformly by computing their income as if these persons were included in the budget group. This method ensures equitable treatment of all TANF households.
This provision will be implemented upon final rulemaking as published in the Pennsylvania Bulletin.
[ ] Income Exclusions
Income excluded under current State regulations remains the same under TANF except for the following:
* Educational assistance in the form of loans, grants and scholarships is excluded as income.* Income-in-kind for services rendered is excluded from consideration in the determination of eligibility.* The first $50 per budget month of court-ordered or voluntary support payments received by the budget group, excluding arrearages, is excluded as income. All support received, less the support pass-through, is counted when determining eligibility.[ ] Resources
Resources that are excluded from determining eligibility under current regulation remain the same except for the following:
* The cash value of life insurance is excluded as a resource.* An educational savings account established to pay for post-secondary educational expenses directly to an approved educational institution is excluded as a resource.* Educational assistance in the form of loans, grants and scholarships is excluded as a resource.* One motor vehicle, regardless of value, is excluded as a resource.* The nine-month time period for disposing of nonresident real property, during which time a family may receive TANF, is extended as long as the family is continuing to make a good faith effort to sell the property.* A Family Savings Account established pursuant to 73 P. S. §§ 400.2101--2103, Act 1997-23 is excluded as a resource.[ ] Lump Sum Income
Lump sum income is counted as income only in the month that it is received. Any funds that remain from the lump sum in months following the month of receipt are counted as a resource.
This provision will be implemented upon final rulemaking as published in the Pennsylvania Bulletin.
[ ] Budgeting Method: Semi Annual Reporting (SAR)
The income of applicants and recipients affects the TANF benefit as follows:
* The income adjustment is based on the best estimate of the expected income (prospective budgeting). The estimate is based upon verified information provided by the client.* Monthly income will be determined by multiplying the average weekly income by four (4.0).
* Recipients will be required to complete and submit a reporting form semi-annually.
* Recipients will be required to report increases in earned income in excess of $100 and all other changes such as household composition, address, job start, etc. within 10 days of the change.
* There will be no reconciliation of income. No overpayments (underestimates) will be processed unless it was due to a client's failure to properly report income. Underpayments (overestimates) will not be corrected unless they are the result of a worker error.
* An income adjustment that reduces or increases the grant will be made for the first TANF payment date for which the deadline can be met following advance notice to the client.
This revised budgeting method will be implemented upon final rulemaking as published in the Pennsylvania Bulletin.
[ ] Penalty for Noncooperation with Child Support Requirements
If a parent or other caretaker relative fails to cooperate in establishing paternity or in establishing, modifying or enforcing a child support order, without good cause in accordance with Act 58, the cash assistance allowance, which is the monthly assistance grant, is reduced by 25 percent. The grant remains reduced until the parent or caretaker relative demonstrates cooperation.
[ ] Penalty for Conviction of Welfare Fraud
An applicant or recipient who has been convicted of securing or attempting to secure, or aiding or abetting or attempting to aid or abet any individual in securing General Assistance, TANF, Medicaid or Federal Food Stamps by means of a willfully false statement or misrepresentation, or by impersonation, or by willfully failing to disclose a material fact regarding eligibility either before or at the time of, or subsequent to the application for assistance is ineligible for cash assistance. The period of ineligibility is 6 months from the date of the first conviction, 12 months from the date of the second conviction, and permanently from the date of the third conviction.
[ ] Satisfaction of Criminal Penalties
An individual who has been sentenced for a felony or misdemeanor offense and who has not satisfied the penalty imposed by the court is ineligible for TANF. An individual who is required to pay fines, cost and restitution, and who is in compliance with an approved payment plan, may be eligible for TANF.
[ ] Fraudulent Misrepresentation of Residence
An individual is ineligible for TANF for a period of ten years if he is convicted in a Federal or state court of fraudulent misrepresentation of residence for the purpose of receiving TANF, Medicaid, Food Stamps or Supplemental Security Income in two or more states simultaneously.
[ ] Penalty for Conviction of a Felony Offense for Possession, Use or Distribution of a Controlled Substance
In accordance with Federal TANF requirements, an individual who is convicted under Federal or state law of a felony offense that was committed after August 22, 1996, related to the possession, use or distribution of a controlled substance is permanently ineligible for TANF. The Federal law allows states to opt out of applying this permanent ineligibility provision; however, to do so, a state must enact a law after enactment of PRWORA. Pennsylvania reserves the right to opt out of the Federal requirement that imposes a permanent bar.
State law specifies that a person convicted of a felony is ineligible for assistance until he has satisfied the penalty imposed by the court.
[ ] Failure To Appear At Criminal Court Proceeding
An individual who, as a defendant, fails to appear at a criminal court proceeding when issued a summons or bench warrant is ineligible for TANF until he complies with the summons or bench warrant.
[ ] Fugitive Felon
An individual who is fleeing to avoid prosecution or custody or confinement following a conviction for a felony or who is violating probation or parole imposed under Federal or State law is ineligible for TANF. If the individual receives a Presidential pardon for the conduct the individual is not ineligible as a fugitive felon or probation/parole violation, for any month beginning after the pardon.
[ ] Violation of Probation or Parole
An individual who is in violation of the terms of probation or parole is ineligible for TANF until he complies.
[ ] Definition of Unemployed/The 100-Hour Rule
Eligibility for TANF in two-parent households where there is no incapacity is based on the unemployment of the principal wage-earner parent. Pennsylvania eliminated the 100-hour rule from the definition of ''unemployment.'' Eligibility for TANF is not affected by employment of the principal wage-earner parent that equals or exceeds 100 hours per month unless earnings exceed applicable income limits. Elimination of this rule strengthens two-parent families and promotes employment and self-sufficiency.
[ ] Family Savings Account
A Family Savings Account (FSA) established pursuant to 73 P. S. §§ 400.2101-2103, Act 1997-23, is excluded as a resource when determining eligibility. The FSA Program is administered through local service providers under the direction and approval of DCED for the purpose of promoting self-sufficiency. An FSA is a family savings account that is opened and maintained by a saver in the program. Based on the approved plan, the FSA may be used to help finance the purchase of a new home, pay for educational or entrepreneurial expenses, or other approved activities. Deposits are matched by DCED with funds from TANF, the State Legislature and other Federal funds. This initiative is pursuant to 42 U.S.C.A. § 404(a)(1).
8. Child Support Requirements
Cooperation with the Department or the court in identifying a non-custodial parent, establishing paternity and establishing an order for support continue to be prerequisites to receiving benefits, unless the applicant/recipient establishes good cause for not doing so. Current State policies with respect to child support are revised as follows:
* Applicants must appear before, and obtain from, the Domestic Relations Section of the Court of Common Pleas, a certification of cooperation with child support enforcement requirements prior to authorization of TANF benefits. The Secretary of the Department may waive the personal appearance requirement for a county court or Domestic Relations Section following review of a written request from the county which establishes that another procedure would be as efficient and effective.
* The definition of cooperation is expanded by requiring an applicant or recipient to take the following actions:
- Identify the parent(s) of any child for whom assistance is sought or received. This includes an appearance by the applicant or recipient, with the child, for scheduled genetic testing.- Keep scheduled appointments with the Department or Domestic Relations Section.- Provide truthful and accurate information and documents requested by the Department or Domestic Relations Section.- Sign and return any forms requested by the Department or Domestic Relations Section.- Appear as a witness and provide testimony at judicial and other hearings as requested by the Domestic Relations Section.- Pay to the Department any support payment received directly from the noncustodial parent after an assignment of support has been made.* The failure of the mother to identify by name the father of a child creates a presumption of noncooperation which may be rebutted only by clear and convincing evidence.
* If an applicant or recipient provides the names of two putative fathers subsequently excluded from paternity by genetic testing, the second exclusion creates a presumption of noncooperation, which may be rebutted only by clear and convincing evidence.
* Either the Title IV-A agency (CAO), the local Title IV-D agency (Domestic Relations Section of the Court of Common Pleas) or the Court of Common Pleas can will be permitted to determine whether the applicant or recipient has failed to cooperate and lacked good cause for such failure.
* In accordance with Act 58, the State may retain the support collected on behalf of a TANF family up to the amount of the cumulative assistance paid to the family.
The State will distribute child support collected on behalf of families receiving TANF cash assistance as follows:- First pay to the Federal government an amount equal to the Federal share of the amount collected.- Second, pass through to the TANF family the State share of remaining current support collected, up to $50 per month, without decreasing the amount of cash assistance provided. In no case will a TANF family be paid more than one support pass-through in a month.- Third, retain the remainder of the amount collected to reimburse the Commonwealth, capped at an amount equal to the total assistance paid to the TANF family.- Fourth, pay to the TANF family any remaining amounts of support collected in accordance with Federal law.9. Work and Self-sufficiency
As established by Act 35, recipients of TANF in Pennsylvania are enrolled in an employment and training program known as RESET to enable them to obtain employment and become self-sufficient. The primary means to achieve self-sufficiency is through work. This approach emphasizes a work-first approach as part of a continuum of services which can establish a work history, with increasing wages, and benefits that lead, over time, to economic independence and self-sufficiency.
[ ] Exemptions
To be considered exempt from RESET requirements, recipients must be:
* under the age of 18 and pursuing a high school diploma or GED;* an individual with a verified physical or mental disability which temporarily or permanently precludes him from any form of employment or work-related activity;* the parent/caretaker relative of a child under the age of 6 for whom an alternate child care arrangement is unavailable; or* the custodial parent in a one-parent household who is caring for a child under the age of 12 months. Pennsylvania is exercising the option to allow this exemption; however, it may be granted for a total of only 12 months in the parent's lifetime. The 12 months do not need to be consecutive.An individual who is exempt because of a physical or mental disability is required to participate in a work or work-related activity when the condition ceases as follows:
* If the condition ceases in the first 22 months that the individual receives cash assistance, the recipient is required to participate immediately.* If the condition ceases after the individual has received cash assistance more than 22 months, the recipient is required to participate within eight weeks.A specified relative who is exempt for providing care to a child under the age of six is required to participate in a work or work-related activity as soon as child care is available.
An exempt individual under 18 years of age is required to participate in RESET upon:
* becoming 18 years of age;* attaining a high school diploma or a certificate of high school equivalency; or* ceasing to pursue a high school diploma or a certificate of high school equivalency.An exempt custodial parent in a one-parent household who is caring for a child under the age of 12 months is required to participate when the child becomes 12 months old, the parent chooses to end the exemption, or when the parent has exhausted the 12-month lifetime limit for this exemption.
An individual who is exempt may volunteer to participate in RESET. Exempt volunteers may participate in the RESET activity of their choice, provided they meet the eligibility criteria for those activities or programs. Exempt individuals who volunteer to participate in contracted programs must meet all of the requirements of those programs. Such requirements include, but are not limited to, attendance and participation. Exempt volunteers need not conduct an initial job search prior to beginning to participate and are not subject to sanction for noncompliance with the work requirements.
Determinations of good cause will be made using the criteria found in 55 Pa. Code § 165.52.
NOTE: The time an individual spends in ''Exemption'' or ''Good Cause'' status counts towards the 60-month time limit.
[ ] Requirements During the First 24 Months
During the first 24 months, the individual must, as an initial work-related activity, conduct a job search for up to eight weeks or until employment of at least 20 hours per week is found, whichever occurs first. If at the end of eight weeks the individual has not found employment for at least 20 hours per week, he is required to participate in additional work-related activities specified on the AMR, which may include additional job search.
If the individual does not secure employment for an average of at least 20 hours per week during the job search, the work-related activity requirement may be met by participation in any one or combination of the following:
* job search* job readiness/preparation activities* subsidized employment* work experience* on-the-job training* workfare* community service* any employment and training program funded or approved by the Department* vocational education* general education* English-as-a-Second-Language* job skills trainingAfter 12 months of participation in vocational education, general education, education in ESL, or job skills training, a recipient who wishes to continue education or training will be required to participate in another work-related activity in addition to the education or training.
[ ] Requirements After 24 Months
After 24 months of receiving cash assistance, the individual must, for an average of at least 20 hours per week, work in unsubsidized employment or participate in any one or combination of the following:
* subsidized employment* work experience* on-the-job training* community service* workfareSince implementation of RESET in 1997, Pennsylvania has decided to grant good cause for failure to meet the minimum 20-hour weekly work requirement to certain individuals who have received cash assistance for 24 or more months. These individuals include those pregnant or parenting recipients under the age of 22 who are attending high school or participating in a GED program for at least 20 hours per week until graduation or receipt of a GED, whichever occurs first.
[ ] Good Cause for Education (Pre- and Post-24 Months)
Individuals who meet one of the following criteria may be granted up to 6 months of good cause for not meeting the work and work-related activity requirements. The criteria include: individuals who are participating in an internship, student teaching or practicum for at least 20 hours per week and individuals who began to participate in an approved education or training activity that began during the first 24 months--if the total hours of lab time, instruction and work or work-related activity equals at least 20 hours per week.
Additionally, individuals who are 18-22 and pursuing a high school diploma or GED are excused from meeting the work and work-related activity requirements during the first 24 months of receipt of TANF. Pregnant or parenting individuals under age 22 who are enrolled in high school or attending a minimum 20-hour per week GED program, may be granted good cause from meeting the 20-hour weekly work requirement after having received 24 months of cash assistance until the individual graduates from high school, receives a GED or reaches 22 years of age, whichever occurs first.
[ ] Special Allowances for Supportive Services for Work and Work-related Activities
Individuals who participate in work-related activities specified in their AMR may be eligible for supportive services provided by the Department, including costs for transportation and other work supports. Payments for work supports, when available, will be made by the CAO for actual costs up to the Department's established maximums.
10. Education in the Work First Environment
Since the implementation of welfare reform in Pennsylvania, education in the form of literacy initiatives, pursuit of a high school diploma or GED, ESL, Adult Basic Education, post-secondary schooling and vocational skill training has been a part of the continuum of work-related activities.
Indeed, Pennsylvania law is unusual in that it permits significant flexibility to pursue education or training as the sole work-related activity for a full year. This opportunity is crucial for those individuals who do not find work during the initial job search. In fact, during the entire five years on welfare, individuals may pursue an education as long as they also meet the minimum 20-hour weekly work requirement upon receiving TANF for 24 months (unless they establish good cause under 55 Pa. Code § 165.52 for not doing so).
National research continues to document the superior effectiveness of models that combine work with education and training. Education can be part of an approved plan to reach self-sufficiency regardless of the number of months of assistance the client has received.
Employment always has been the primary goal of our TANF program. We continue to encourage individuals to begin developing a work history early in their welfare experience. However, the role of education will continue to be emphasized for individuals who have been successful in finding employment and are now seeking career advancement in order to move to self-sufficiency.
Some of our current refinements include:
* Contracted program designs that currently include various courses of education. The Department will strive to maintain these and even increase them where appropriate;* Structured outreach efforts that began with post-secondary institutions and will be expanded to include community literacy programs;* Programs and procedures that assist individuals in completing their educational activities while meeting work requirements; and* Development of case management programs that will support and assist individuals enrolled in post-secondary education to stay in school and meet the challenges of parenthood as well as those associated with participation in education while working.Pennsylvania will continue to mesh employment and training efforts designed specifically for welfare recipients into the larger workforce development system at every appropriate point. Collaboration with the One-Stop system mandated by the Workforce Investment Act has been ongoing with partnerships developing at the state and county levels.
11. Noncompliance with the RESET Program
A sanction is imposed on any individual required to participate in RESET who willfully, without good cause:
* Fails to accept a bona fide offer of employment in which the individual is able to engage;* Voluntarily terminates employment;* Fails or refuses to accept referral to participate in or continue to participate in an available work-related activity, including work-related activities specified on the AMR;* Fails to accept referral to, work in, or retain employment in which the individual is able to engage, and participate in work activity specified on the AMR;* Fails to seek employment;* Fails to maintain employment;* Reduces earnings;* During the first 24 months of cash assistance, fails to participate in one of the following work-related activities, if not employed at least 20 hours per week: subsidized employment; work experience; on-the-job training; community service; workfare; job search, whether independent or assisted, and job readiness and job preparation activities; vocational educational training or job skills training; any employment and training program funded or approved by the Department that provides one stop access to intensive case management, training, education, job readiness and training, job search and individual job development that leads to job placement;* After receiving 24 months of cash assistance, fails to participate for an average of at least 20 hours per week in one of the following work activities: unsubsidized employment, subsidized employment, work experience, community service, on-the-job training or workfare;* Fails to agree to fulfill RESET participation requirements; or* Fails to apply for work at the time and in the manner as the Department may prescribe. If good cause is not established, the individual will receive an Advance Notice advising of the proposed sanction. The sanctions for failure to comply with the work or work-related activity requirements are required by 62 P. S. § 432.3.
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