§ 141.54. Maximizing participation project.
(a) Eligibility. A family may be eligible for Extended TANF under this section if the individual who has received 60 months of TANF assistance meets the requirements of paragraph (1), (2) or (3). The individual is:
(1) Exempt from participation in RESET because the individual is 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.
(2) Not exempt from RESET but has good cause for not complying with RESET and referral to MPP, WPP or another employment and training program was deferred under § 141.56(a)(2) (relating to deferred referral).
(3) Exempt from participation in RESET because the individual is the parent or specified relative who is providing care for a child under 6 years of age and for whom alternate child care arrangement is unavailable, and referral to MPP, WPP or another employment and training program was deferred under § 141.56(a)(3).
(b) Requirements.
(1) General. Except as provided in paragraph (2), as a condition of eligibility under this section, the individual shall:
(i) Agree on an AMR to enroll in MPP, cooperate in obtaining a WCA, sign and comply with the MPP service plan.
(ii) Enroll in MPP, cooperate in obtaining a WCA, sign and comply with the MPP service plan.
(iii) Authorize the release of information and cooperate in obtaining information relevant to the WCA, MPP assessment or MPP service plan, whichever applies.
(2) Exceptions to WCA requirement.
(i) An individual whose current enrollment in MPP began before the individual received 60 months of TANF assistance, or who is grandfathered under this section, as described in subparagraph (ii), may continue in MPP without a WCA if one of the following applies:
(A) The individual has received an MPP assessment.
(B) The individual has agreed on an AMR to receive an MPP assessment.
(ii) An individual is grandfathered under this section if the individual’s current enrollment in MPP began before implementation of this section.
(3) The WCA.
(i) Purpose and scope.
(A) The WCA will seek to identify:
(I) The nature and extent of medical conditions, functional limitations and good cause situations that preclude or limit the individual from complying with RESET participation requirements.
(II) The individual’s range of ability to engage in work and work-related activities, with and without appropriate treatment.
(B) The WCA will include an evaluation of existing documentation regarding medical conditions and functional limitations. The WCA will also include consideration of previously undiagnosed conditions and limitations.
(C) For evaluation of a medical condition or functional limitations, the WCA will require an examination of the individual. For evaluation of a good cause situation, the WCA may require an examination of the individual if necessary and relevant to the determination of the good cause situation.
(D) The WCA may include additional testing as needed to facilitate diagnosis and appropriate treatment recommendations.
(E) The findings and recommendations of the WCA will be provided to the MPP team.
(ii) Standards for review of medical conditions and functional limitations.
(A) If the individual has a medical condition or functional limitation that precludes or limits compliance with RESET, the WCA will be conducted based upon accepted medical standards for the evaluation of impairments, using a standard framework and method of analysis.
(B) The standard framework and method of analysis used for the evaluation of temporary and permanent impairments will be the most recent edition of the American Medical Association, ‘‘Guides to the Evaluation of Permanent Impairment.’’
(iii) Evidence of medical conditions and functional limitations.
(A) Existing documentation. The individual shall obtain existing documentation regarding medical conditions and functional limitations that may preclude or limit compliance with RESET, including available records of the treating physician and psychologist. If necessary, the Department or its agent will assist the individual in obtaining existing documentation.
(B) Treating physician opinions. The WCA will include consideration of available opinions of the treating physician.
(4) Results of the WCA or MPP assessment.
(i) If the results of the WCA or MPP assessment reveal a medical condition, functional limitation or good cause situation that precludes the individual from complying with RESET, the MPP team will develop an MPP service plan in consultation with the individual.
(ii) If the results of the WCA or MPP assessment do not reveal a medical condition, functional limitation or good cause situation that precludes the individual from complying with RESET, the individual will be referred to an appropriate employment and training activity. If the results indicate that there is a medical condition, functional limitation or good cause situation that limits but does not preclude the individual’s ability to participate in RESET, the relevant WCA findings and recommendations will be provided with the referral.
(iii) An individual who disagrees with the findings or recommendations of the WCA may request a second opinion WCA.
(c) Ineligibility. If the individual fails to comply with this section, the family is ineligible for Extended TANF under this section until the individual complies.
(d) Definition. As used in this section, the following word has the following meaning, unless the context clearly indicates otherwise:
Individual—The adult head of household or spouse of head of household.
Authority The provisions of this § 141.54 issued under sections 402(a)(7)(A)(iii) and (B) and 408(a)(7)(A) and (C) of the Social Security 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); sections 201(1), 401(a), 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a) of the Public Welfare Code (62 P. S. § § 201(1), 401(a), 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a)); the act of May 16, 1996 (P. L. 175, No. 35); and the Domestic Relations Code, 23 Pa.C.S. § § 4301—4381, 5103, 7101—7901 and 8101—8418.
Source The provisions of this § 141.54 adopted October 11, 2002, effective October 12, 2002, 32 Pa.B. 5048.
Cross References This section cited in 55 Pa. Code § 141.51 (relating to policy); 55 Pa. Code § 141.53 (relating to eligibility based on domestic violence); 55 Pa. Code § 141.57 (relating to special allowance); and 55 Pa. Code § 141.61 (relating to policy).
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