Arkansas Administrative Code
Agency 208 - Department of Workforce Services
Rule 208.00.07-001 - TEA 10000 - 10900 - Arkansas Work Pays; Title IV-A State Plan Section 11; Work Pays Brochure - Appendix B; DCO 213 Application - Work Pays Form
Current through Register Vol. 49, No. 2, February 2024
Arkansas Work Pays
Work Pays Eligibility Requirements
10000 Arkansas Work Pays
Arkansas Act 1705 of 2005 established the Work Pays Program. Work Pays is an incentive program designed to encourage working TEA clients to remain employed after closure of the TEA case while increasing their hours of work and/or hourly wage. Families participating in Arkansas Work Pays will receive a monthly cash assistance payment in the amount of $204 for up to 24 months, provided they meet the Work Pays eligibility requirements. The twenty-four (24) months will count toward the federal 60 month time limit but not the state's TEA 24 month limit. This work incentive program may be limited to 3,000 families.
The eligibility worker will explain the Work Pays program to the applicant and provide a Work Pays pamphlet during the initial interview for TEA cash assistance. The case manager will discuss the Work Pays program with the client during on going case management activities. When the TEA case closes due to employment, the client will receive additional information about Work Pays, including a Work Pays application.
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An individual must meet the following requirements: 1. Have care and custody of a related minor child; 2. Be a resident of the State of Arkansas; 3. Meet the citizenship or alienage requirement (Refer to TEA 2220); 4. Apply for Work Pays within six (6) months of TEA case closure with Employment; 5. Received TEA cash assistance for at least three (3) months; 6. Have not received more that twenty-four (24) months of Arkansas Work Pays Program Benefits. 7. Meet Work Hours Requirement: * For initial eligibility - Was engaged in paid work activities for a minimum of twenty-four hours per week for the past month and meet the federal participation rate. * For on-going eligibility - must be in paid work activities for a minimum of twenty-four (24) hours per week and meet the federal participation requirement for one (1) of the past three (3) months and for at least three (3) of the past six (6) months. 8. Have income below the federal poverty level for the family size; 9. Comply with the Work Pays Personal Responsibility Agreement; 10. Comply with Office of Child Support Enforcement (OCSE) requirements, including assignment of support and cooperation in establishing paternity and/or support unless good cause exists.________________________________________ |
Each month a Work Pays application will be mailed to all TEA clients whose case closed the prior month due to employment This process will be completed by Central Office through a mass mailing process. For clients interested in applying for Work Pays, the application must be completed and mailed to the Work Pays Processing Unit who will determine initial eligibility. Applications received at a local DHHS or DWS office or at a case management contractor's office will be forwarded to the processing unit upon receipt. The Work Pays applicant must sign the application. If it is a two-parent household, both parents must sign the form.
The client must meet the following general eligibility requirements:
. Have care and custody of a related minor child;
. Be a resident of the State of Arkansas;
. Meet the citizenship or alienage requirement;
In most situations, these requirements will have been established for TEA eligibility and do not have to be re-verified. However, if there has been a change, (e.g. a second parent moves in the household) it must be verified.
Prior TEA Receipt
The client must have received at least 3 months of TEA cash assistance and the case closed within the past 6 months with employment. This includes cases that close due to reaching the time limit or have been extended and earnings are included. The 3 months do not have to be consecutive. (See example below)
Example 1: Ms. Davis applied for Work Pays in September 2006. Her TEA case closed in April 2006 due to employment after receiving assistance for 9 months. The client provided verification of employment with Entergy working 40 hours per week at $6.00 per hour. Ms. Davis met all eligibility requirements; therefore, her application is approved.
Example 2: Ms. Wilson applied for Work Pays in July 2006. Her TEA case closed in June due to employment after receiving assistance for 2 months. These were the only months she received TEA. She is employed 35 hours per week. Since she did not receive TEA for at least 3 months, her application is denied.
Income
The parent's gross earnings along with other countable income must be below the 150% Federal Poverty Level for the family size (see Appendix B). The income of the child(ren) is disregarded. (Refer to TEA 2331 for unearned income to disregard) For initial eligibility, self declaration of income can be accepted. However, if it is determined after approval that the client did not meet the income/hours requirement, the case will be closed. This determination will be made by the Case Manager upon receipt of initial work documentation from the client.
Work Hours Requirement
The client must be employed at least twenty-four (24) hours per week. If less than 30, he/she must be engaged in another countable work activity that when combined with the work hours will meet the federal TANF work requirement for the family. The client's declaration of the hours worked can be accepted. If the hour requirement is met, the application may be approved if all other Work Pays requirements are met. Acceptance of the self-declaration will be documented in the ANSWER system. If it is determined after approval that the client does not meet the work hour requirement, the Work Pays case will be closed. (See examples below)
Example 1: Ms. Adams applies for Work Pays on July 1, 2006, It has been verified that she has been employed since May 2006. She works 30 hours per week. Ms. Adams meets the 24 hours per week work requirement and the Federal Participation requirement. If otherwise eligible, the application may be approved.
Example 2: Mr. Thomas applied for Work Pays on July 7, 2006. He declares that he has been employed since March 2006 working 24 hours per week and is attending Vo-Tech at night. He is taking a three (3) hour course in management and will graduate December 2006. He received TEA cash assistance for 8 months prior to starting Vo-Tech. His TEA case closed in April. The work requirement is met. The 3 hours of class along with the 3 hours of allowable study time brings his total countable hours to 30 per week which meets the federal work requirement for his situation. If otherwise eligible, the application may be approved.
Example 3: Ms. Harris applied for Work Pays on October 15, 2006. She declares that she is employed at Wal-Mart working 30 hours a week at $6.00 per hour. She meets all other eligibility requirements and her case is approved based on her declaration of income and hours. However, it is determined after approval that she is only working 25 hours per week. Even though she was working 24 hours per week, she did not meet the federal participation requirement of 30 hours in October. Therefore, her Work Pays case is closed.
Note: If in a 2-parent family, the work hours/week must meet the 2-parent requirement. If there is a child under age 6 in the home, as long as the 24 hours of paid work is met the client does not have to meet the higher rate unless it is a 2-parent household.
Resources
The family's resources are totally disregarded.
Child Support Requirement
The applicant will be required to comply with the Office of Child Support Enforcement. Failure to comply without good cause will result in a 25% sanction being imposed. (Refer to TEA 2140).
The Work Pays Processing Unit will dispose of the application for Work Pays by either approval or denial within 30 days from the date of application.
Please Note: Initial approval for Work Pays does not release a payment. The Case Manager will determine if the work hour's requirement was met and authorize a payment to be made.
Upon approval of the application, a referral will be sent by the Work Pays Eligibility Worker via a task through ANSWER to the Work Pays Service Manager for payment authorization and case management services.
Payment Amount
The Work Pays payment amount is $204 monthly unless under a sanction.
Payment Authorization
The Case Manager will authorize the payment when verification of participation is received or good cause for non-compliance is established. (Refer to Work Pays policy TEA 10300).
Extract
A client will receive a Work Pays payment once per month. However, extract will occur twice during the month. The first extract is the 10th workday of the month for clients who have provided all the required verification and met requirements for a full payment. A second extract will occur on the second work day from the end of the month for clients who provide verification later during the month. The payment is added to the client's EBT account. (See TEA policy 10330 for specific procedures the Work Pays Case Manager will follow to authorize payment.)
All Work Pays cases will be re-evaluated by the central processing unit every 6 months to determine continued eligibility. The following criteria must be met:
. There must be an eligible child in the home.
. The client's gross earned income plus other countable income must be below the 150% Federal Poverty Level for the family size.
A Work Pays case will be closed if the client fails to meet the general eligibility requirements including but not limited to one of the reasons listed below. The Case Manager will notify the Work Pays Eligibility Worker if a change in eligibility occurs between re-evaluations. The Work Pays Eligibility Worker will process the case closure.
* Client failed to meet the work requirement for three (3) continuous months
* Client failed to meet the work participation hours for at least three (3) of the past six (6) months
* Unable to locate
* Income exceeds 150% Federal Poverty Level for family size
* Client's request
Case management is the process of coordinating and brokering the multiple services needed to achieve progress toward self-sufficiency. Case management will provide the recipient with sufficient information on what to expect regarding changes and challenges in the world of work. The Case Manager will serve as a point of contact for clients and a point of accountability for the agency. The Case Manager has the overall responsibility for working with the client from initial interview until case closure.
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Case management services will be provided as long as the client is Work Pays eligible, or up to 12 months after the Work Pays case has been terminated due to earnings in excess of the federal poverty level. |
The Arkansas Work Pays Program allows former TEA clients whose case closed due to earnings to receive a cash assistance payment in the amount of $204 per month for up to 24 months and receive case management, supportive services, and job retention and advancement services, provided they meet eligibility requirements. The twenty-four (24) months will count towards the federal 60-month time limit but will not count towards the State's TEA 24-month time limit. If the client reaches 60 months while participating in Work Pays, an automatic extension will be given to the 60-month limit. This work incentive program may be limited to 3,000 participants.
Upon approval of a Work Pays application a referral task is created in the ANSWER System from the Work Pays Processing Unit to the Works Pays Service Manager.
* A task will be assigned to the Works Pays Service Manager on the Work Pays Service Management Tab in ANSWER.
* The Works Pays Service Manager will assign the task to the appropriate Case Manager's To Do List in ANSWER.
* The Case Manager will send a notice to the client, which contains updated agency information, an explanation of verifiable allowable documentation needed, and a request for an initial interview to be conducted no later than 2 days from the date of Work Pays approval.
During the initial interview, which may be conducted by telephone, the Case Manager will present an overview of the program, gather information, and advise the client of what and when information is needed.
The Case Manager will verify that the information provided by the client during the application process is correct by reviewing work hours documentation. If the Information received is not accurate and would affect the client's eligibility status, the Work Pays Processing Unit should be notified immediately.
The client must provide verification of work hours or pay stubs for each week of every month. The verification can be provided by fax, mail, scan & Email, or in person. The agency will accept verification of earnings from the employer, check stubs, payroll printout, etc.
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The client must be in a paid work activity at least 24 hours per week; and meet the weekly federal participation requirement (30 hrs per week single household; 35 hrs per week for a two-parent household) in one of the past three months and three of the past six months. If there is a child under age six (6) in the home, as long as the 24-hours of paid work is met the client does not have to meet the higher rate unless it is a two-parent household. |
The Case Manager will encourage the client to engage in a paid work activity equal to the federal work activity requirement (see box above), if possible.
If the client is only capable of engaging in a paid work activity for 24 hours a week, the Case Manager will assess previous work activities that the clients was engaged in their TEA case to determine what work activities are allowable in the Work Pays case and the number of hours the client can participate.
This evaluation is necessary due to federal limitations on certain work activities. The Case Manager will discuss allowable work activities with the client and assign the client to additional work activities needed to meet the weekly federal work participation requirement
The worker must enter all work activity hours into ANSWER. If the client fails to follow through on a required activity then immediate contact is required.
Note: The Case Manager should review the work documentation each month to determine if a task should be sent to the Work Pays Processing Unit to update the budget.
An update to the budget is only necessary if there has been a substantial change in income. A substantial change is if the new wage is equal to or exceeds (the hourly rate calculated at 150 % FPL for a family size of two divided by 104.016) per hour.
Example: 2007 FPL for a family size of two (2) is 1711.25. 171125/104.016= $16.45. $16.45 is the per hour rate.
If the client becomes unemployed during their Work Pays case, the Work Pays Case Manager should assist the client to expeditiously find a new job. The client should be referred to all available resources in the workforce development system that will assist them in becoming employed.
Paid Work Activities:
Unsubsidized employment
Subsidized employment - private and public sector
On-the-Job Training
Work experience
Micro-enterprise
Unpaid Work Activities:
Vocational educational training
Education or Training
Job skills training
Work Experience Training
Job search assistance
Job readiness assistance
Community Service
For a description and additional information about the allowable work activities, refer to TEA 3200-3254.
Families participating in the Work Pays Program will receive a monthly cash assistance payment in the amount of $204 (regardless of family size) for up to 24 months, provided they meet the Work Pays eligibility requirements. Work Pays payments are made in the month following the month in which the client participates. Payment will be made via the client's EBT card. For TANF federal purposes, a Work Pays case is considered cash assistance.
Example: Ms. Harris applies for Work Pays in July 2006. She provides verification of hours worked for July in August. The case manager determined that the client met the work requirement for July and authorizes payment for August by placing a check in the payment box on the Work Pays payment screen in ANSWER.
By the 5th workday of each month, the Work Pays client should provide documentation to the Case Manager regarding work activity hours for each week of the preceding month.
By the 10th workday of each month, the Case Manager must have keyed the client's work participation hours into ANSWER. The Case Manager can average the weekly hours worked for the participation requirement if the client worked over or under the required weekly participation hours during that month. (Note: However, the Case Manager must key actual weekly hours into ANSWER.)
If the client provides documentation by the 5th workday of the month of work hours for each week of the preceding month and meets the 24-hour paid work requirement and the federal participation requirement, then the Case Manager will key the work hours into the Service Management tab of ANSWER and select the full payment indicator.
If by the 5th workday of the month, the client
* does not provide documentation;
* provides insufficient documentation; or
* provides documentation but it does not meet the 24-hour per week paid work requirement and/or the federal work participation requirement,
the Case Manager will send a notice to the client requesting within 10 calendar days that the client submit proper documentation of meeting the work participation requirements or show good cause why they did not meet the work participation requirements and that if not received within 10 days, their cash assistance payment will be sanctioned by 50%.
If the client provides the required data or shows good cause within 10 calendar days, the Case Manager will key the work hour's data into the Service Management tab of ANSWER and select the full payment indicator.
If the client does not provide the required data or does not show good cause within 10 calendar days, the Case Manager will key the work hour's data into the Service Management tab of ANSWER and select the sanctioned payment indicator. The client's cash assistance payment for that month will be reduced by 50% of the original amount.
Refer to Work Pays Policy 10600 for non-compliance requirements.
NOTE: If the client does not meet the 24-hour paid work activity or meet the federal work participation rate for three (3) consecutive months, the Case Manager will send a 10-day notice to the client requesting work activity documentation or to show good cause why s/he didn't comply with work requirements or the case will be closed. If the client does not provide the documentation, show good cause, or provides documentation and still does not meet the work activity requirements, the Case Manager will not authorize a cash assistance payment for the third month. Instead, the Case Manager should refer to 10700 on closing the Work Pays case and take proper action to close the case.
The client will receive one payment per month, but extract will occur twice during a month. For all clients who have provided all the required verification and met the participation requirements for the month will receive their payment at initial extract. Those clients who provide verification later during the month will receive their payment during the second extract. The initial extract of payment data is the 10th workday of the month. The second extract is the 2nd workday from the end of the month. After the payment data is extracted from ANSWER, the system will uncheck the Indicator so that it must be rechecked the following month in order to make a subsequent payment.
Note: There is a system edit that will check to see if a payment has already been received for the month to prevent duplicate payments.
*** Work Pays income will be countable in the same capacity as TEA Cash in Food Stamps and Medicaid cases. All changes reported to the Case Manager will be entered as a task on the ANSWER System.
The Work Pays program focuses on post-employment services that are designed to provide job retention and advancement for employed post-Transitional Employment Assistance (TEA) participants. Post-Employment services are an essential tool in preventing participants from returning to TEA by helping them keep their current jobs, gain skills for a career, move toward better jobs, and become self-sufficient. The intent is to provide services that will assist these clients to increase their earnings and job retention so they can advance. Case Managers will assist the client in determining their career goals and connecting the client with resources that will assist them in achieving their goals. The following resources, as appropriate, will be provided to the Work Pays client:
* developing a career advancement plan;
* identifying career ladders, either with the client's current employer or with another employer or industry;
* referral to Career Pathways Training Initiative;
* referral to other TANF Initiative Providers;
* job search assistance through the Arkansas Job Link system;
* career counseling;
* working with employers to develop advancement strategies;
* removing specific barriers;
* coordinating work supports (e.g., child care, Medicaid, employment expenses, supportive services); and
* pursuing educational and/or training activities that develop or expand a client's job expertise; and
* referral to other appropriate service providers in the workforce development system available through the Arkansas Workforce Centers statewide.
Case Managers will build relationships with Work Pays participants. This assists in guiding, supporting, and encouraging the participant toward accountability, goal setting and good decision-making.
Clients may need assistance increasing their incomes while on a job. They may also need assistance learning the skills and behaviors to be a valued worker. The Case Manager will work with the client to create a Career Advancement Plan. The plan will concentrate on: job retention, getting promoted, earning a pay raise, increasing his/her hours, and acquisition of benefits. The plan will be used and modified during the entire time the client receives Work Pays benefits.
An in-person meeting with the client should be scheduled no later than two (2) calendar days after approval of the Work Pays Case to develop the Career Advancement Plan. The Career Advancement Plan interview will be conducted at a time and location agreed upon by the client and the Case Manager. The Case Manager must have biweekly contact with the client and the Case Manager will secure contact information from the client.
Career Advancement PlanWork Pays clients may be eligible for extended supportive services such as: child care, Transitional Medicaid or ARKids First, mentoring, financial credit counseling, individual development accounts, and any job retention services offered by the department. For supportive services, refer to TEA 5100.
As an incentive to clients to retain their jobs, each Work Pays recipient may receive preset bonus payments after meeting certain job retention targets. To be eligible for the bonuses, the individual must have met the federal work participation rate requirement in each of the preceding months according to the bonus schedule below. All bonus payments will be made through the participants EBT card but not counted as cash assistance. Bonuses will be paid in addition to the monthly cash assistance payment.
The case manager will assess prior work participation and select the indicator in ANSWER to trigger the appropriate bonus payment. The bonus payment indicator should be marked at the same time as the work participation is entered each month. See Work Pays 10330 for entry of work participation hours.
Bonus 1: Three (3) Months Job Retention Target
Clients that meet the work participation requirements for three consecutive months will receive a bonus in the amount of $400.00.
Bonus 2: Additional Six (6) Months Job Retention Target
Clients that meet the work participation requirements for an additional six (6) consecutive months not including the initial three (3) months in bonus 1 above will receive a job retention bonus in the amount of $600.
Bonus 3: Exit Bonus
Upon closure of the Work Pays case due to time limits, clients that have met the work participation requirements for 21 out of 24 months will receive an exit bonus in the amount of $800.
Earnings Bonus: Case Closure Due to Earnings
The Work Pays client may receive an exit bonus of $1,200.00 anytime within the 24 months case time limit if their income exceeds 150% of the Federal Poverty Level (FPL) for their family size. The Case Manager will send a task to the eligibility worker stating that the client's earnings appear to exceed the FPL. The Action Plan will remain open. The eligibility worker will determine continued eligibility. If earnings exceed FPL, the Work Pays case will be closed and notification will be sent to the Case Manager. The Case Manager will authorize the bonus to be issued and close the Action Plan after the bonus has been issued.
NOTE: If the Work Pays client exits the program and re-enters the program, the client will be eligible for bonuses not already received when their Work Pays eligibility has been reestablished. See Work Pays 10800 for the eligibility criteria for re-entry to the Work Pays program.
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Non-compliance occurs when a person who is required to participate in certain activities fails to do so. Below are two reasons that a Work Pays client's case may be deemed in non-compliance. * fails to comply with the assigned work requirement; and/or * refuses to cooperate with the Child Support Enforcement (Automatic system generated sanction of 25%.). |
The client will be required to comply with the Office of Child Support Enforcement. Failure to comply without good cause will result in a 25% sanction being imposed. This sanction is an automatic system generated sanction and requires no action on the part of the Case Manager.
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The sanction process will not be applied if the person demonstrates that he or she had good cause for not complying. The determination of good cause is a decision made by each local office. For acceptable good cause reasons refer to TEA 3510. |
Once failure to comply with Work Pays requirements has been established, the following procedures will be followed:
If on the 5th workday of the month, verification of hours has not been received, a notice is sent requesting documentation. If the documentation is not received within the 10 days provided in the sanction notice and good cause is not established, a 50% sanction (reduction in benefits) will be imposed on the Work Pays case. Refer to Work Pays Policy TEA 10330 to apply the sanction.
If a client does not comply with both the work requirement and the Office of Child Support Enforcement, the sanction applied will not exceed 50%.
Home visits will be required on Work Pays cases when an act of non-compliance occurs.
If the client fully participates in the next month following a sanctioned payment, the Case Manager will authorize a full payment
A Work Pays case will be closed if the client fails to meet the general eligibility requirements or one of the reasons listed below. The Case Manager will communicate changes with the Work Pays Processing Unit by creating tasks and updating the narratives in ANSWER. The Work Pays Processing Unit will process the case closure.
* Client failed to meet the work requirement for three (3) consecutive months
* Client failed to meet the work participation hours for at least three (3) of the past six (6) months
* No eligible child in the home
* Unable to locate
* No longer a resident of the state
* Income exceeds 150% of the Federal Poverty Level for their family size
* Client requested case closure
Re-entry into the Work Pays Program is through the TEA Program. An individual can re-enter Work Pays if they are within six months of their last TEA case closure and all Work Pays eligibility requirements are met An individual who leaves the Work Pays Program due to insufficient work hours may re-enter the program once they establish that they are in a paid work activity with a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month. Otherwise, reentry to Work Pays will occur through TEA eligibility and transition to Work Pays upon TEA case closure.
Any payment received by or for a recipient which is in excess of the amount that should have been paid is an overpayment. However, only those overpayments described in TEA Policy 9000 will be reported and collection pursued.
Appendix B
| Work pays Income Limits | Effective july 1,2007 | |
| Family size | 100% | 150% |
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1 |
850.83 |
1276.25 |
|
2 |
1140.83 |
1711.25 |
|
3 |
1430.83 |
2146.25 |
|
4 |
1720.83 |
2581.25 |
|
5 |
2010.83 |
3016.25 |
|
6 |
2300.83 |
3451.25 |
|
7 |
2590.83 |
3886.25 |
|
8 |
2880.83 |
4321.25 |
|
9 |
3170.83 |
4756.25 |
|
10 |
3460.83 |
5191.25 |
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For each additional member add: |
290.00 |
435.00 |
Section 11 Work Pays
Arkansas Act 1705 of 2005 established the Work Pays Program. Work Pays is an incentive program designed to encourage working TEA clients to remain employed after closure of the TEA case while increasing their hours of work and/or hourly wage. Work Pays may be limited to 3,000 families.
To be eligible for Work Pays, an individual must meet the following requirements:
* For initial eligibility - was engaged in paid work activities for a minimum of twenty-four hours per week for the past month and met the federal participation rate for the past month;
* For on-going eligibility - must be in paid work activities for a minimum of twenty-four (24) hours per week and met the federal participation requirement for one (1) of the past three (3) months and for at least three (3) of the past six (6) months.
Families participating in Arkansas Work Pays will receive a monthly cash assistance payment in the amount of $204 regardless of family size for up to 24 months. The twenty-four months will count toward the federal 60-month time limit but not the State's TEA 24-month limit. The S204 payment may be reduced if the client is found to be in non-compliance with work requirements and/or child support enforcement requirements.
Case management services will be provided as long as a client is Work Pays eligible, or up to 12 months after the Work Pays case has been terminated due to earnings in excess of 150% of the federal poverty level. Work Pays is designed as a post-employment program which provides job retention and advancement services for the client. Post-employment services are essential to prevent participants from returning to TEA by helping them keep current jobs, gain skills for a career, move toward better jobs, and becoming self-sufficient.
* Career Advancement Plan will be completed versus an Employment Plan which is completed in TEA.
* Post-employment services that could be provided as part of the Career Advancement Plan are:
[ Tack] Identifying career ladders with current employer or others
[ Tack] Referral to other TANF initiative providers
[Tack] Career counseling
[Tack] Job search assistance through the Arkansas Job Link System
[Tack] Providing supportive services to remove specific barriers
As an additional incentive to participants to remain employed, 4 bonus payments are available (i.e., at a level that meets the federal work requirement).
Bonus 1: Three (3) months consecutive employment - $400
Bonus 2: Additional six (6) months consecutive employment - $600
Bonus 3: Exit Bonus - exiting Work Pays due to reaching 24 month limit - 21 out of 24
months employed - $800
Earnings Bonus: Received at any time income exceeds 150% FPL and Work Pays case closed as result - $1200
Note: The Earnings Bonus can be paid at any time the case closes due to income exceeding the federal poverty level.
The Work Pays payment will be reduced by 50% in any month the Work Hours requirement is not met without good cause.
Appropriate Job Retention services will be available to Work Pays participants.
Any payment received by or for a recipient that is in excess of the amount that should have been paid is an overpayment. However, only those overpayments described in TEA Policy 9000 will be reported and collection pursued.
