(1) A child may be considered to be deprived of parental support/care based on the unemployment of a parent when the principal wage earner (PWE) parent in the home meets all the conditions set forth in this section.

(2) The principal wage earner is the parent (in a two parent home) who had the greater amount of earnings in the 24 month period ending with (and including) the month immediately preceding the application month. If both parents have the same amount of income, the family and the agency will designate the principal wage earner. The principal wage earner must meet the following conditions:

(a) Is not working and has not been employed for 30 days prior to receipt of assistance; or

(b) Is employed less than 100 hours per month; or

(c) Is employed 100 hours per month or more; but

1. The excess is of a temporary nature; and

2. The 100 hour rule was met in the 2 months prior to the current month and is expected to be met in the month following the current month; and

(d) Is not on strike; and

(e) Does not refuse to apply for or accept unemployment compensation to which he/she may be entitled; and

(f) Has not refused, without good cause, a bona fide offer of employment or training for employment within one (1) month prior to the effective month of eligibility or during the receipt of assistance; and

(g) Has a recent connection to the work force, which is established if:

1. The PWE parent is currently receiving unemployment compensation; or

2. Received at least one unemployment compensation payment during the 12 months immediately preceding the month of application for Families First; or

3. The PWE parent earned at least $50 in each of any 6 quarters within a 13 calendar quarter period ending within one (1) year prior to application for Families First.

(3) Once eligibility as an unemployed parent has been determined:

(a) The PWE must comply with the Families First work requirement on her/his Personal Responsibility Plan; and

(b) The second parent in the home must comply with the Families First work requirement on her/his Personal Responsibility Plan.

(4) Reserved for future use.

(Original rule filed December 2, 1996; effective February 15, 1997. Amendment filed July 5, 2002; effective September 18, 2002. Public necessity rule filed July 2, 2007; expired December 14, 2007. Amendment filed October 1, 2007; effective December 15, 2007.)

Authority: T.C.A. §§ 4-5-201 et seq., 4-5-202, 4-5-209, 71-1-105, 71-3-152, 71-3-153, 71-3-154, and 71-3-154(g); 71-3-158(d)(2)(D); 42 U.S.C. §§ 601 et seq., 42 U.S.C. § 604(i); 42 U.S.C. § 607(c), (d) and (e); 42 U.S.C. § 608(a)(2) and (3), 42 U.S.C. § 608(b)(3); 42 U.S.C. § 609(a)(14), 42 U.S.C. §§ 654 and 657 and 42 USC § 1315(a), Public Acts of 1996, Chapter 950, and 45 C.F.R. § 233.90, 45 CFR 233.100, 45 C.F.R. § 261.2, 45 C.F.R. § 261.12 and 45 C.F.R. § 261.14 and § 1115 of the Social Security Act; Deficit Reduction Act 2005 ( Pub. L. 109-171 §§ 7101 and 7102, February 8, 2006); 71 Federal Register 37454 (June 29, 2006); and Acts 2007, Chapter 31..

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