EXEMPTIONS FROM RESET PARTICIPATION REQUIREMENTS
§ 165.21. Exemptions from RESET participation requirements.
(a) An individual’s exemption status is reviewed when a change is reported that would affect the individual’s exemption status, when a condition is expected to change and at each reapplication interview. The individual is notified in writing of changes in exemption status.
(b) An individual who is exempt may volunteer to participate in RESET.
(c) An individual shall participate in RESET unless the individual establishes good cause under § 165.52 (relating to good cause) or the individual is exempt. An individual may be exempt if the individual is one of the following:
(1) 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.
(i) An exemption period for recuperation after childbirth is determined by a physician or licensed psychologist.
(ii) Because mentally ill or mentally retarded persons cannot always acknowledge or explain their impairment and are frequently incapable of obtaining verification, persons who, in the judgment of the worker are mentally impaired, shall be referred to the Disability Advocacy Program for further evaluation. These persons will be exempt pending the results of an evaluation.
(iii) The Department may require an applicant or recipient with a verified temporary mental or physical disability, including drug or alcohol dependency, to pursue appropriate treatment as a condition of receiving assistance.
(iv) The Department may require an applicant or recipient to submit to an independent examination as a condition of receiving assistance.
(2) The parent or other caretaker who is personally providing care for a child under 6 years of age for whom an alternate child care arrangement is unavailable.
(3) A child who is under 18 years of age and pursuing a high school diploma or a certificate of high school equivalency.
(4) The custodial parent in a one-parent household who is caring for a child who is under 12 months of age. This exemption is limited to a maximum of 12 months in the parent’s lifetime.
Authority The provisions of this § 165.21 amended under sections 201(2), 403(b), 405, 405.1, 405.3, 408, 432 and 432.3 of the Public Welfare Code (62 P. S. § § 201(2), 403(b), 405, 405.1, 405.3, 408, 432 and 432.3); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § § 601—619, 651—669(b) and 1396u-1; and the Federal TANF regulations in 45 CFR 260.10—265.10.
Source The provisions of this § 165.21 adopted October 2, 1992, effective upon publication and apply retroactively to October 1, 1989, except subsection (c)(10) and (11) applies retroactively to October 1, 1990, 22 Pa.B. 4875; amended September 13, 2002, effective retroactively to March 3, 1997, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (252544) to (252545).
Cross References This section cited in 55 Pa. Code § 141.56 (relating to deferred referral); 55 Pa. Code § 165.2 (relating to definitions); 55 Pa. Code § 165.31 (relating to RESET participation requirements); 55 Pa. Code § 165.52 (relating to good cause); and 55 Pa. code § 281.3 (relating to eligibility requirements).
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