§ 141.55. Mandatory RESET participants.
(a) General. A family may qualify for Extended TANF under this section if the individual who has received 60 months of TANF meets the requirements of this section, as follows:
(1) Employed 30 or more hours per week. If the individual is employed at least 30 hours per week in unsubsidized employment, including self-employment, no additional work or work activity is required. The individual may volunteer for employment and training programs that are designed to increase the individual’s earning capacity.
(2) Participating in an employment and training program. The individual is continuing participation in an employment and training program approved on an AMR while the individual was receiving TANF.
(3) Employed 20—29 hours per week. An individual who is employed 20—29 hours per week in unsubsidized employment, including self-employment, shall maintain employment. Except as specified in paragraph (6), the individual shall also enroll and participate in a job retention and advancement program, funded or approved by the Department, to bring the combined total number of hours to at least 30 hours per week.
(4) Employed less than 20 hours per week. An individual who is employed less than 20 hours per week in unsubsidized employment shall maintain employment. Except as specified in paragraph (6), the individual shall also enroll and participate in WPP, to bring the combined total number of hours to at least 30 hours per week.
(5) Not employed. Except as specified in paragraph (6), an individual who is not employed in unsubsidized employment shall enroll and participate in WPP for at least 30 hours per week.
(6) Special good cause provision. If the individual establishes good cause for not participating in at least 30 hours per week of combined work and work-related activities but is required to comply with RESET, the following rules apply:
(i) If the individual is employed 20—29 hours per week in unsubsidized employment, the individual shall maintain employment.
(ii) If the individual is employed less than 20 hours per week in unsubsidized employment, the individual shall maintain employment. The individual shall also agree on an AMR to comply with RESET by participating in WPP for a combined total of at least 20 hours per week.
(iii) If the individual is not employed in unsubsidized employment, the individual shall agree on an AMR to comply with RESET by participating in WPP for at least 20 hours per week.
(iv) The individual who establishes good cause for not participating in at least 30 hours per week of combined work and work-related activities shall also agree on an AMR to address the good cause situation. The AMR will set forth the steps the individual shall undertake to address the good cause situation including cooperation with a WPP contractor.
(b) WPP.
(1) An individual enrolled in WPP shall cooperate in obtaining a vocational assessment, performed by an employment and training contractor.
(2) If the results of the vocational assessment indicate that the individual is not precluded from complying with RESET, the individual shall participate a minimum of 30 hours per week in a combination of work and work-related activities, in accordance with the Fair Labor Standards Act (29 U.S.C.A. § § 201—219). Work-related activities may include English-as-a-Second Language (ESL) classes. If the individual establishes good cause for not participating in at least 30 hours per week of work and work-related activities, the individual shall comply with RESET in accordance with subsection (a)(6).
(3) If the results of the vocational assessment reveal a medical condition, functional limitation or good cause situation that precludes the individual from complying with RESET requirements, the individual shall be referred to MPP.
(4) If the results of the vocational assessment indicate that the individual is not precluded from complying with RESET but, because of disability, needs a reasonable accommodation of program rules and requirements, that accommodation shall be made, in accordance with Title II of the Americans With Disabilities Act (42 U.S.C.A. § § 12131—12165). Findings and recommendations provided with a referral from MPP will be considered in providing accommodation.
(c) Sanctions. If the individual fails to comply with this section, a compliance review is conducted in accordance with § 165.51 (relating to compliance review). If the individual willfully fails, without good cause, as described in § 165.52 (relating to good cause), to comply with § 141.55, a sanction is imposed on the budget group under § 165.61 (relating to sanctions).
(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 § 141.55 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), 402, 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), 402, 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a)); and the act of May 16, 1996 (P. L. 175, No. 35).
Source The provisions of this § 141.55 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 § 141.56 (relating to deferred referral); 55 Pa. Code § 141.57 (relating to special allowances); and 55 Pa. Code § 141.61 (relating to policy).
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