(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.
Notes
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.
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.
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).
