RESET PARTICIPATION REQUIREMENTS
§ 165.31. RESET participation requirements.
(a) The following RESET participation requirements always apply:
(1) An individual who is not exempt under § 165.21 (relating to exemptions from RESET participation requirements) shall seek and accept any bona fide offer of employment and maintain employment.
(2) A nonexempt individual shall accept referral to, work in and retain employment in which the individual is able to engage and participate in work activities specified on the AMR.
(3) A nonexempt individual may not, without good cause, voluntarily terminate employment, reduce earnings or fail to apply for work.
(4) Information indicating noncompliance with this section will result in a compliance review in accordance with § 165.51 (relating to compliance review).
(5) A nonexempt recipient’s willful failure, without good cause, to comply with this subsection will result in the imposition of sanctions as specified in § 165.61 (relating to sanctions).
(b) Requirements that apply during the first 24 months. The following RESET participation requirements apply during the first 24 months:
(1) A nonexempt individual who is not employed for an average of at least 20 hours per week shall participate in a work-related activity.
(2) A nonexempt individual who is not employed for an average of at least 20 hours per week shall accept referral to, participate in and continue to participate in an available work-related activity, including work-related activities specified on the AMR.
(3) For the initial work-related activity, the individual shall participate in an initial job search for up to 8 weeks, except as provided in paragraph (6) and subsection (f).
(i) For an applicant, the initial job search is required upon authorization of cash assistance.
(ii) The applicant or recipient shall document these efforts and present the documentation to the appropriate CAO upon request.
(4) After the initial job search, the individual may fulfill the work-related activity requirement, subject to the limitations in paragraphs (5)—(8), by participating in one or more of the following activities, as approved by the Department:
(i) Subsidized employment.
(ii) Work experience.
(iii) On-the-job training.
(iv) Community service.
(v) Workfare.
(vi) Job search, whether independent or assisted, and job readiness and job preparation activities.
(vii) Vocational education training or job skills training.
(viii) Any employment and training program funded or approved by the Department that provides one-stop access to intensive case management, training, education, job readiness training, job search and individual job development that leads to job placement.
(ix) Any employment and training program funded or approved by the Department that provides activities for a cash assistance applicant or recipient to achieve rapid attachment to the workforce.
(x) In the case of a recipient 18 years of age or older and less than 22 years of age, general education that is necessary for the recipient to obtain employment, a high school diploma or a certificate of high school equivalency, subject to the recipient maintaining satisfactory progress as defined by the school or educational program.
(5) During the first 24 months that an individual receives cash assistance, whether consecutive or interrupted, participation in an approved vocational education, general education, English-as-a-second language and job skills training counts toward fulfilling the work-related activity requirement of this subsection for a maximum of 12 months. After 12 months of education or training, the individual may continue to pursue education or training, but shall also fulfill RESET participation requirements, unless the individual establishes good cause under § 165.52 (relating to good cause).
(6) A recipient 18 years of age or older but under 22 years of age who does not have a high school diploma or its equivalent may fulfill RESET participation requirements by pursuing a high school diploma or its equivalent, provided that the individual maintains satisfactory progress, as defined by the institution.
(7) Work experience is limited to 6 cumulative months in an individual’s lifetime.
(8) Notwithstanding paragraph (7), work experience may be extended beyond the 6-month lifetime limit if necessary to comply with Title II of the Americans With Disabilities Act (42 U.S.C.A. § § 12131—12165).
(c) Requirements that apply after the first 24 months. The following RESET participation requirements apply after the first 24 months:
(1) After receiving cash assistance for 24 months, whether the months are consecutive or interrupted, a nonexempt individual shall, as a condition of eligibility or continuing eligibility for cash assistance, participate for an average of at least 20 hours per week in any one or a combination of the following activities, as approved by the Department:
(i) Unsubsidized employment.
(ii) Subsidized employment.
(iii) Work experience.
(iv) Community service.
(v) On-the-job training.
(vi) Workfare.
(2) After 24 months of receipt of cash assistance, an individual may continue to pursue education or training, but shall also fulfill RESET participation requirements, including the minimum 20-hour-per-week work activity requirement in paragraph (1), unless the individual establishes good cause, as specified in § 165.52.
(3) Work experience is subject to the provisions of subsection (b)(7) and (8).
(d) AMR and EDP. Final approval of the work and work-related activities listed in the AMR or EDP rests with the Department. The AMR and EDP are not considered contracts. Factors to be considered in developing the AMR and EDP include:
(1) Available program services.
(2) The client’s previous education and training.
(3) The client’s supportive services needs.
(4) The client’s skills level and aptitudes.
(5) Local employment opportunities.
(6) The client’s goals and interests, to the extent possible.
(e) Self-initiated education or training. Subject to subsections (b) and (c), self-initiated education or training may be approved as part of an individual’s AMR, if the person is making satisfactory progress as defined by the institution.
(f) Exempt voluntary participation. An exempt individual may volunteer to participate in RESET. An exempt volunteer is not required to conduct an initial job search before participating in RESET.
Authority The provisions of this § 165.31 amended under sections 201(2), 402, 403(b), 405, 405.1, 405.3, 408, 432 and 432.3 of the Public Welfare Code (62 P. S. § § 201(2), 402, 403(b), 405, 405.1, 405.3, 408, 432 and 432.3); the Support Law (62 P. S. § § 1971—1977); 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 § 165.31 adopted October 2, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4875; amended September 13, 2002, effective retroactively to March 3, 1997, with the exception of subsections (b), (c) and (e) which are effective September 14, 2002, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (252546) to (252547).
Cross References This section cited in 55 Pa. Code § 108.3 (relating to universal notification); 55 Pa. Code § 165.1 (relating to general); 55 Pa. Code § 165.22 (relating to verification of exemption); 55 Pa. Code § 165.25 (relating to RESET participation requirements following an exemption); 55 Pa. Code § 165.51 (relating to compliance review); and 55 Pa. Code § 281.3 (relating to eligibility requirements).
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