SANCTIONS
§ 165.61. Sanctions.
(a) A sanction will be imposed on an individual who is required to participate in RESET if the individual willfully, and without good cause, does one or more of the following:
(1) Fails to accept a bona fide offer of employment in which the individual is able to engage.
(2) Voluntarily terminates employment.
(3) 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.
(4) Fails to accept referral to, work in, or retain employment in which the individual is able to engage and participate in work activities specified on the AMR.
(5) Fails to seek employment.
(6) Fails to maintain employment.
(7) Reduces earnings.
(8) 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:
(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.
(9) 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:
(i) Unsubsidized employment.
(ii) Subsidized employment.
(iii) Work experience.
(iv) Community service.
(v) On-the-job training.
(vi) Workfare.
(10) Fails to agree to fulfill RESET participation requirements.
(11) Fails to apply for work at the time and in the manner the Department may prescribe.
(b) The sanction period shall be:
(1) For the first occurrence, ineligibility for cash assistance for 30 days, or until the recipient is willing to comply, whichever is longer.
(2) For the second occurrence, ineligibility for cash assistance for 60 days, or until the recipient is willing to comply, whichever is longer.
(3) For the third occurrence, permanent ineligibility for cash assistance.
(c) Applicability of the sanction is as follows:
(1) During the first 24 months, the sanction is imposed only on the individual who failed to comply.
(2) After 24 months, the sanction is imposed on the entire budget group.
(d) In lieu of the sanctions in subsections (b)(1)—(3) and (c)(1), if an employed individual voluntarily, without good cause, reduces his earnings during the first 24 months that assistance is received by not working an average of at least 20 hours per week, the grant will be reduced by the dollar value of the income that would have been earned if the recipient had not voluntarily reduced the hours of employment to less than an average of 20 hours per week. Unless the individual verifies an exemption from RESET participation requirements or establishes good cause for noncompliance, the reduction will continue until the minimum 20-hour weekly work requirement is met.
(e) If the individual under sanction in the first 24 months is the only dependent child in the TANF budget group, the caretaker will continue to receive TANF during the sanction period, if otherwise eligible.
(f) If the individual under sanction in the first 24 months is a parent or other caretaker, protective payments for the remaining members of the budget group will be made to the caretaker under sanction.
Authority The provisions of this § 165.61 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 § 165.61 adopted October 2, 1992, effective upon publication and apply retroactively to October 1, 1989, except subsection (a) regarding imposing a sanction for terminating employment or reducing earnings without good cause, 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 page (252559).
Cross References This section cited in 55 Pa. Code § 108.5 (relating to individual notification); 55 Pa. Code § 108.7 (relating to requirements subject to waiver); 55 Pa. Code § 125.1 (relating to policy); 55 Pa. Code § 141.55 (relating to mandatory RESET participants); 55 Pa. Code § 165.31 (relating to RESET participation requirements); 55 Pa. Code § 165.51 (relating to compliance review); and 55 Pa. Code § 165.71 (relating to notification).
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