Arkansas Administrative Code
Agency 208 - Department of Workforce Services
Rule 208.00.22-001 - Amemdment to Transitional Employment Assistance (TEA)/Work Pays Policy
Current through Register Vol. 49, No. 9, September, 2024
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 participants to remain employed after closure of the TEA case while increasing their hours of work and/or hourly wage. Provided they meet Work Pays eligibility requirements, families participating in Arkansas Work Pays will receive: a monthly cash assistance payment in the amount of $204 for up to 24 months, case management, supportive services, and job retention and advancement services. The twenty-four (24) months will count toward the federal 60-month time limit but not the state's TEA 24-month limit. If the participant reaches 60 months while participating in Work Pays, an automatic extension will be given to the 60-month time limit. This work incentive program may be limited to 3,000 families.
The DWS 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 DWS Workforce Specialist will discuss the Work Pays program with the participant during ongoing case management activities. When the TEA case closes due to employment, the participant will receive additional information about Work Pays, including a Work Pays application.
10100 Work Pays Eligibility Requirements
A participant must meet the following requirements:
Note: Stepparents with no child in common are NOT part of the Work Pay budget unit. Therefore, the income of the stepparent is disregarded.
Note: If a participant has reached or exceeded the 60-month federal time limit when the participant applies (or reapplies) for Work Pays, the application will be denied.
10101 Work Pays Application Process
For participants interested in applying for Work Pays, the application must be completed and submitted via mail, email, or fax to DWS for initial eligibility determination. The Work Pays applicant must sign the application. If it is a two-parent household, both parents must sign the form.
In accordance with Arkansas Act 1205 of 2015, drug screenings of applicants and recipients will be conducted as a part of application process - during initial eligibility determination and during reevaluation (redetermination).
10102 Determining Initial Eligibility
For initial eligibility, the DWS Workforce Specialist will review the application to determine if the participant was employed at least 30 days prior to the application date. If the participant was not employed at least 30 days prior to the application date, no initial interview will be scheduled. The application will be denied, and a DWS-ARK-TEA-1 will be sent as an adequate notice of the denial. No good cause will be given for not meeting initial eligibility. (See TEA policies 4050 and 4051 for more information on adequate notices).
Example: An applicant submitted an application dated October 15th. On the application, the applicant indicated employment began on September 16th. Because the applicant was only employed 29 days, the application is denied.
If the participant was employed 30 days prior to the application date, the DWS Workforce Specialist will review the following information in the automated system to further determine if the participant meets initial eligibility. (Refer to Policy 10100).
The participant:
* Must have care and custody of a related minor child (including family cap child and child receiving SSI);
* Must meet the citizenship of alienage requirement;
* Must apply for Work Pays within 6 months of TEA case closure (unless the previous Work Pays case closed due to insufficient hours);
* Must have received at least 3 months of TEA cash assistance, including deferral and exemption months. (This includes TEA cases that close due to reaching the time limit or have been extended and earnings are included.); and
* Must not have received more than 24 months of Work Pays.
If the participant fails to meet any of the initial eligibility requirements above at the time of application, the application will be denied. No initial interview will be scheduled. A DWS-ARK-TEA-1 will be sent as an adequate notice of the application's denial.
Example: Ms. Davis applied for Work Pays four months after her TEA case closed. She received TEA cash assistance for nine (9) months. After reviewing additional eligibility information in the automated system, it was determined that Ms. Davis met the requirements. An initial interview can be scheduled.
Example: Ms. Wilson applied for Work Pays after her TEA case closed. She received TEA cash assistance for a total of 2 months. Since she did not receive TEA for at least 3 months, her application is denied.
If the participant meets the initial eligibility requirements discussed in policies 10102.1 and 10102.2, the DWS Workforce Specialist will schedule an initial interview to review documentation of income and work hours for the 30-day period prior to the date of application. No documentation of resources will be required, as the household's resources are totally disregarded. (See Work Pays policy 10102.5).
Income
The parent's gross earnings along with other countable income must be below the 150% Federal Poverty Level for the family size. (The Federal Poverty Levels in Appendix B are updated annually). The following types of income are disregarded when determining initial (and ongoing) eligibility for Work Pays: income of the child(ren); income of the stepparent with no child in common; and child support. (Refer to TEA policies 2331 and 2341 for unearned and earned income to disregard.)
The DWS Workforce Specialist will deny the application if the participant fails to meet the income requirement upon receipt of initial work documentation. A DWS-ARK-TEA-1 will be sent as an adequate notice of the application denial. (See TEA policies 4050 and 4051 for more information on adequate notices).
To determine if the household meets the FPL requirement for initial eligibility, the DWS Workforce Specialist will use one of the appropriate calculations indicated below.
If the participant is paid weekly:
* Total the gross income actually received in the 30-day period;
* **Divide the total by 4 (See note below);
* Multiply by 4.334.
Note: If the participant is paid weekly but received 5 checks in the 30-day period, divide total gross income by 5 and multiply by 4.334.
If the participant is paid every two weeks (biweekly):
* Total the gross income actually received in the 30-day period;
* **Divide the total by 2 (See note below);
* Multiply by 2.167.
Note: If the participant is paid every two weeks (biweekly) but received 3 checks in the 30-day period, divide total gross income by 3 and multiply by 2.167.
If the participant is paid twice a month (semi-monthly):
* Total the gross income actually received in the 30-day period, with no conversion.
Example: A participant who meets all the eligibility requirements applies on April 7th. The DWS Workforce Specialist will verify the income for the period March 8th through April 6th, which is the 30-day period prior to the date of application.
Work Hours Requirement
For initial eligibility, the participant must provide verification of work hours for the 30-day period prior to the date of application. The verification can be provided by fax, mail, email, or in person. The agency will accept verification of earnings from the employer, check stubs, payroll printouts, etc. If the information received is not accurate and would affect the participant's eligibility status, the supervisor (or designee) will be notified immediately.
The participant must be in a paid work activity (i.e., employed) at least twenty-four (24) hours per week. The participant must also meet the weekly federal participation requirement for the past thirty (30) days. The participant may be engaged in another countable work activity that, when combined with the paid work hours, will meet the federal TANF work requirement for the family.
If the work hours requirement is met, the information will be documented in the automated system. If the work hours requirement is not met, the Work Pays application will be denied. A DWS-ARK-TEA-1 will be sent as an adequate notice of application denial. (See TEA policies 4050 and 4051 for information on adequate notices).
The federal participation requirement is as follows:
* 24 hours per week for a single-parent household with a child under the age of 6 (even if the child is not included in the budget unit);
All 24 hours must be in a paid work activity.
* 30 hours per week for a single parent with a child age 6 or older;
If the household can only participate in a paid work activity for 24 hours per week, all 6 of the remaining hours must be in a core activity. Noncore activities cannot be used for the remaining 6 hours.
* 35 hours per week for a two-parent household not receiving federally funded childcare;
If the household can only participate in a paid work activity for 24 hours per week, 6 of the remaining hours must be in a core activity. The last 5 hours may be core or noncore.
* and 55 hours per week for a two-parent household receiving federally funded childcare.
If the household can only participate in a paid work activity for 24 hours per week, 26 of the remaining hours must be in a core activity. The last 5 hours may be core or noncore.
Example 1: Ms. Adams is a single parent with a child over the age of 6. She applied for Work Pays on July 1. It has been verified that she has been employed since May. Check stubs submitted for the 30-day period before the application date show she worked 30 hours per week. Ms. Adams meets the requirement to be employed (in a paid work activity) for 24 hours per week. She also meets the federal participation requirement of 30 hours per week. If otherwise eligible, the application may be approved.
Example 2: Mr. Thomas is a single parent with teenaged children. He applied for Work Pays on July 7 after receiving TEA for 8 months. His TEA case closed in April. He has been employed since March. Check stubs indicate he works 24 hours per week. He also attends college at night and has only used 2 months of Career and Technical Education. He is taking a three (3) credit-hour course in management and will graduate in December.
Mr. Thomas meets the work requirements. He is employed for 24 hours per week. He is given 3 hours of actual class time per week. He will also be given 3 hours of homework/study time because he is taking 3 credit hours. This brings his total countable hours to 30 per week. If otherwise eligible, the application may be approved.
All applicants will be required to complete a completed Drug Assessment Questionnaire (DAQ) as part of the initial eligibility determination process. The DAQ is a part of the Work Pays application.
Once the DAQ has been completed, the following actions will be taken:
Refusal and/or failure, without good cause, to complete or submit a Drug Screening Questionnaire during the initial eligibility process will result in denial of the application. Refer to TEA policies 10103 and 10104.5.
No later than 2 business days from the date the application was received, the DWS Workforce Specialist will send a DWS-ARK-TEA-1 (Notice of Action) to schedule the initial interview. The notice must indicate what documentation should be brought to the interview in order to establish initial eligibility.
During the initial interview, the DWS Workforce Specialist will present an overview of the program, gather information, and advise the participant of what and when information is needed.
If the participant misses the interview and does not contact the DWS Workforce Specialist to reschedule, the application will be denied. A DWS-ARK-TEA-1 will be sent as an adequate notice of the application denial.
If the participant misses the initial interview, but it is rescheduled:
* The Workforce Specialist will send a 10-calendar day advance notice (DWS-ARK-TEA-1) to inform the participant of the new appointment AND the penalties that may occur if they fail to attend as rescheduled (i.e., application denial).
If a participant does not bring the requested documentation to the initial appointment:
* The Workforce Specialist will provide the participant with a 10-calendar day advance notice (DWS-ARK-TEA-1) requesting the exact documents needed to determine eligibility by the close of business on the 10th day.
* If the documents are not provided, the application will be denied after the notice expires.
10103 Application Disposal
The DWS worker will dispose of the application for Work Pays by either approval or denial within 30 days from the date of application. If the application is denied for failure to meet any of the initial eligibility requirements (including failure to complete or submit a Drug Assessment Questionnaire), a DWS-ARK-TEA-1 must be sent as an adequate notice. (See TEA policies 4050 and 4051).
10104 Drug Screenings
In accordance with Arkansas Act 1205 of 2015, drug screenings of Work Pays applicants and participants will be conducted during initial eligibility determination and continued eligibility redetermination/reevaluation. The drug screenings will be used to determine whether there is a reasonable cause to believe the applicant or recipient engages in illegal drug use. Drug testing results and information will be kept confidential.
Note: Employer-required drug screening and/or testing is separate from the TEA and Work Pays drug screening and testing program. An employer's drug screening, testing, and/or test results cannot be used in place of this Work Pays program requirement.
The following individuals are exempt from drug screening and testing requirements:
Exception: A head-of-household minor parent who applies for Work Pays and does not live with a parent, legal guardian, or other adult caretaker relative is not exempt from the drug-screening requirement.
If the Drug Assessment Questionnaire (DAQ) indicates a reasonable suspicion that an applicant/participant has engaged in illegal use of drugs, that person will be required to take a drug test. The DWS Workforce Specialist will email ADWS TANF Family Support regarding the DAQ's indicated use of illegal drugs. The ADWS TANF Family Support Unit will coordinate with the individual for drug testing and/or treatment. ADWS TANF Family Support will notify the DWS Workforce Specialist regarding participation status.
If the otherwise eligible applicant or participant refuses and/or fails to cooperate with the drug testing process, the Work Pays case will be closed. If the individual reapplies for Work pays, and is otherwise eligible, he/she must submit to a drug test.
If the result of the drug test is negative:
* the case will be approved/remain open.
If the result of the drug test is positive:
* A plan of action will be developed in coordination with the individual. The plan of action will include a substance abuse evaluation to determine the appropriate drug treatment plan and/or recovery support group or resource.
Failure to cooperate with the plan of action will result in case closure.
* If an applicant/participant that is otherwise eligible fails a drug test but has a valid prescription for the drug in question, the Work Pays application/case will not be denied/closed pending additional testing. The same urine sample from the first positive test will be used to conduct a drug confirmation test.
The results of the confirmation will be used to determine final eligibility for Work Pays benefits.
If the results of the drug confirmation test indicate usage of drugs, the Workforce Specialist will refer the applicant or participant who is otherwise eligible for a substance abuse evaluation. An appropriate drug treatment plan and/or recovery support group or resource will then be determined. The treatment period should not exceed six (6) months.
If the substance abuse evaluation indicates that the applicant or participant who is otherwise eligible does NOT need drug abuse treatment and/or drug recovery support:
* No drug treatment will be required.
* The applicant or participant will continue to be eligible and DWS will move forward with eligibility determination/reevaluation based on Work Pays program requirements.
If the substance abuse evaluation indicates that the applicant or participant who is otherwise eligible DOES need drug abuse treatment and/or drug recovery support:
* The DWS Workforce Specialist with coordinate with ADWS TANF Family Support to make sure the applicant/participant is referred to an appropriate drug treatment facility and/or recovery support group or resource.
* After the referral has been made, the applicant or participant that is otherwise eligible has ten (10) business days to provide the following information to the DWS Workforce Specialist, as required under the drug treatment plan:
* Verification of enrollment in an approved drug treatment program;
* Verification of placement on a waiting list for an approved drug treatment program; or
* Verification of attendance at an approved drug recovery support group/resource meeting.
The approved drug treatment plan and/or drug recovery support should not exceed a period of six (6) months. The 6-month period will begin with the date of the first treatment session in the drug abuse treatment program or the first date of attendance at a drug recovery support group/resource meeting.
In order for an applicant or participant who is otherwise eligible to receive a full Work Pays payment during this 6-month treatment period, he/she must:
* Comply with the drug abuse treatment/drug recovery plan of action; and
* Submit bi-weekly documentation of attendance and participation.
If the drug treatment plan requires more than six (6) months of care, the applicant or participant who is otherwise eligible must submit to a drug test after 6 months of treatment in order to determine continued Work Pays eligibility.
* If the result of the drug test is negative, the case will be approved/remain open.
* If the result of the drug test is positive, a drug confirmation test will be conducted in accordance with Policy 10104.2. The results of the confirmation will be used to determine final eligibility.
If the applicant or participant who is otherwise eligible is placed on a waiting list for an approved drug treatment program and no other comparable program is available, he/she will receive full Work Pays payments until an approved treatment program becomes available.
Failure to comply (without good cause) with the treatment plan will result in case closure. Refer to Policy 10760.
If it is determined that good cause exists, the DWS Workforce Specialist and immediate Supervisor will work together with the TANF Family Support Unit and/or drug treatment/recovery support program to amend the plan so it allows the applicant or participant to complete the requirements in a manner consistent with his/her abilities.
10105 Career Advancement Plan
Participants may need assistance increasing incomes while on a job. The participant may also need assistance learning the skills and behaviors to be a valued worker. The DWS Workforce Specialist will work with the participant to create a Career Advancement Plan. The plan will concentrate on: retaining a job, getting promoted, earning a pay raise, increasing hours, and acquisition of benefits. The plan will be used and modified during the entire time the participant receives Work Pays benefits.
No later than two (2) business days after the application is approved, the DWS Workforce Specialist will contact the participant to schedule an in-person Career Advancement Plan meeting to occur at a later date. The Career Advancement Plan interview should occur at a time and location agreed upon by both the participant and the DWS Workforce Specialist. (See Policy 10102.4).
The DWS Workforce Specialist must have bi-weekly contact with the participant.
10106 Reevaluation
All Work Pays cases will be re-evaluated by the DWS 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 participant's gross earned income plus other countable income must be below the 150% Federal Poverty Level for the family size.
The processing unit will also conduct yearly drug assessment reevaluations on all Work Pays cases. Each non-exempt adult included in the Work Pays budget unit must complete and return a separate Drug Assessment Questionnaire (DAQ). Refer to Policy 10104.1 for a list of individuals who are exempt from drug screening and testing requirements.
The DWS processing unit will mail a 10-day notice with a questionnaire to each nonexempt adult in the budget unit. The notice must indicate that:
Once the DAQ has been completed and returned, the following actions will be taken:
Note: Refusal by either non-exempt adult on the case to complete the DAQ will result in case closure. The case will also be closed if either non-exempt adult on the case fails to return an individual DAQ before the 10-day notice expires.
Example: In a 2-parent/adult Work Pays case, one parent is completing all of the hours for the household. However, both parents/adults are included in the Work Pays budget unit. A total of two (2) advance notices (DWS-ARK-TEA-1) and two (2) DAQs must be sent to the household for the purpose of establishing the household's continued eligibility. Both DAQs must be completed and returned before the 10-day notices expire in order for the case to remain open. The case will be closed in 10 days if one adult or both adults fail to comply.
Any case closure as a result of drug screening or drug testing may be appealed in accordance with the appeal procedures in Policy 8000.
10200 Work Pays On-Going Case Management
Case management is the process of coordinating and brokering the multiple services needed to achieve progress toward self-sufficiency. Case management will provide the participant with sufficient information on what to expect regarding changes and challenges in the world of work. The DWS Workforce Specialist will serve as a point of contact for participants and a point of accountability for the agency. The DWS Workforce Specialist has the overall responsibility for working with the participant from initial interview until case closure.
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 help participants increase their earnings and retain their jobs so they can advance.
DWS Workforce Specialists will build relationships with participants and assist them by guiding, supporting, and encouraging them to be accountable, set goals, and make good decisions. The DWS Workforce Specialist will also provide participants with the following resources, as appropriate, to aid them in achieving their goals:
Case management services will be provided as long as the participant is Work Pays eligible, and up to 12 months after the Work Pays case has been terminated due to earnings in excess of the federal poverty level.
Note: Staffings are not required on Work Pays cases. However, cases will be reviewed/reevaluated every six (6) months to determine continued eligibility.
Every six months, the following criteria must be met:
* There must be an eligible child in the home.
* The participant's gross earned income plus other countable income must be below the 150% Federal Poverty Level for the family size. (See FPL calculations in Work Pays policy 10300, Work Verification).
Every year (based on the anniversary date of the case), the following criteria must be met:
* All adults who are not exempt from drug screening and testing requirements must submit a completed Drug Assessment Questionnaire. (Refer to Policy 10106).
The DWS Workforce Specialist will also review the work documentation each month to determine if there is a need to update the budget.
An update to the budget is only necessary if there has been a significant change in income. A significant change is one in which the new wage is equal to or exceeds 150% of the current Federal Poverty Level for the family size, and is not based on a temporary fluctuation such as overtime, seasonal bonus, etc. (See TEA policy 4120 for more information about significant changes).
10300 Work Verification
The participant must provide biweekly 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. The DWS Workforce Specialist must enter actual work activity hours for each week into the automated system. If the participant fails to follow through on a required activity, then immediate contact is required.
The participant must be in a paid work activity at least 24 hours per week and meet the weekly federal participation requirement in one of the past three months and three of the past six months. (See Work Pays policy 10102.3 for the federal work participation requirements).
The DWS Workforce Specialist will encourage the participant to engage in a paid work activity equal to the federal work activity requirement, if possible. If the participant is only capable of engaging in a paid work activity for 24 hours a week, the DWS Workforce Specialist will determine what work activities are allowable in the Work Pays case and the number of hours the participant can participate. (This evaluation is necessary due to federal limitations on certain work activities).
The DWS Workforce Specialist will discuss allowable work activities with the participant and assign the participant to additional work activities needed to meet the weekly federal work participation requirement. (See Work Pays policies 10320.1 and 10320.2 for allowable work activities).
Example 1: Mr. Parent works 15 hours a week, and Mrs. Parent works 20 hours per week. They do not receive federally funded childcare. They meet the work participation requirement for a two-parent household not receiving federally funded childcare.
Example 2: Mr. and Mrs. Worker receive federally funded childcare. Mr. Worker is employed for 25 hours per week and takes a 3-credit hour class at the local college. Mrs. Worker is assigned to Work Experience for 20 hours per week, and GED for 4 hours per week.
The Worker family has 25 paid hours, 26 core hours, and 4 noncore hours. (The core hours include 20 hours WEX, 3 hours of actual class time, 3 hours of study/homework time based on credit hours). They meet the federal participant requirement.
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. Unemployment Insurance and child support are also disregarded when determining initial (and ongoing) eligibility for Work Pays. (Refer to TEA policy 2331 for unearned income to disregard.)
FPL Calculation (Ongoing Eligibility)
If the participant is paid weekly:
* Total the gross income actually received in the month.
* **Divide the total by 4 (See note below).
* Multiply by 4.334.
Note: If the participant is paid weekly but received 5 checks in the month, divide total gross income by and multiply by 4.334.
If the participant is paid every two weeks (biweekly):
* Total the gross income actually received in the month.
* **Divide the total by 2 (See note below).
* Multiply by 2.167.
Note: If the participant is paid every two weeks (biweekly) but received 3 checks in the month, divide total gross income by 3 and multiply by 2.167.
If the participant is paid twice a month (semi-monthly):
* Total the gross income actually received in the month with no conversion.
Note: The DWS Workforce Specialist will review the work documentation each month to determine if there is a need to update the budget.
An update to the budget is only necessary if there has been a significant change in income. A significant change is one in which the new wage is equal to or exceeds 150% of the current Federal Poverty Level for the family size, and is not based on a temporary fluctuation such as overtime, seasonal bonus, etc. (See TEA policy 4120 for more information on significant changes).
If the participant becomes unemployed while in the Work Pays program, the Work Pays DWS Workforce Specialist should assist the participant to expeditiously find a new job. The participant should be referred to all available resources in the workforce development system that will assist them in becoming employed.
10320 Allowable Work Activities
For a description and additional information about the allowable work activities, refer to TEA policies 3410 through 3470.
Unsubsidized Employment (Core)
On-the-Job Training (Core)
Note: In Work Pays, subsidized employment and On-the-Job Training are not allowable work activities if subsidized with TEA funds.
Job Search and Job Readiness Assistance (Core)
Work Experience Training (Core)
Community Service (Core)
Career and Technical Education (Core)
Providing Child Care Services for Participant in Community Service (Core)
Education Directly Related to Employment (Non-core)
Job Skills Training (Non-core)
Attendance at Secondary School (Non-core)
10430 Supportive Services
All Work Pays participants may be eligible for extended supportive services such as: childcare, Transitional Medicaid or ARKids First, mentoring, financial credit counseling, individual development accounts, and any job retention services offered by the department.
Work Pays participants whose TEA cases closed due to employment may be eligible for the following supportive services within 12 months of TEA closure:
Note: ESS Job Retention Supportive Services are the same Activity Related Expenses listed in TEA policy 3635. In Work Pays, these services are used to help participants retain their current jobs.
10500 Payment
10501 Payment Amount
The Work Pays payment amount is $204 monthly unless the participant is under a sanction.
Work Pays income will be countable in the same capacity as TEA Cash in SNAP (Food Stamps) and Medicaid cases. All changes reported to the DWS Workforce Specialist will be entered in the automated system.
10502 Payment Authorization
The DWS Workforce Specialist will authorize the payment when verification of participation is received. The participant must provide verification of work hours such as payroll printouts, employer documents, or pay stubs for each week of the month. The verification may be submitted by fax, mail, email, or in person.
If the participant was in a paid work activity for at least 24 hours per week AND met the federal participation rate, FULL payment will be authorized. (Refer to Work Pays policy 10504).
If the participant does not meet the federal participation rate and good cause for noncompliance is established, a GOOD CAUSE payment will be authorized. (Refer to Work Pays policies 10504 and 10720). If the participant does not meet the federal participation rate and good cause is not established, a SANCTION payment may be authorized - except for the 3rd consecutive sanction or 3rd sanction out of the past 6 months.
No payment will be authorized for the 3rd consecutive month of noncompliance or for the 3rd month out of the past 6 months.
10504 Payment Process
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 once per month - in the month following the month in which the participant participates. Payment will be made via the participant's EBT card.
For TANF federal purposes, a Work Pays case is considered cash assistance.
Example: Ms. Harris applies for Work Pays in July. In August, she provides verification of hours worked in July. The DWS Workforce Specialist determined that the participant met the work requirement and authorizes payment for July (to be paid in August) by placing a check in the payment box on the Work Pays payment screen in the automated system.
By the 5th workday of each month, the Work Pays participant should provide documentation to the DWS Workforce Specialist regarding work activity hours for each week of the preceding month. If the participant provides documentation by the 5th workday of the month the DWS Workforce Specialist will key the work hours into the automated system and select the full payment indicator.
The DWS Workforce Specialist can average the weekly hours worked for the participation requirement if the participant worked over or under the required weekly participation hours during that month. However, the DWS Workforce Specialist must key actual weekly hours into the automated system.
By the 5th workday of the month, participants must submit sufficient documentation showing they met the 24 paid hours/week work requirement and/or the federal work participation requirement.
If no documentation or insufficient documentation is received by the 5th workday of the month, the DWS Workforce Specialist will send a 10 calendar-day advance notice (DWS-ARK-TEA-1) on the next business day. The notice will:
* Request proper documentation showing that participants met work requirements;
* Request that participants show good cause for not meeting work participation, if appropriate;
* Indicate that a home visit is required each month of noncompliance; and
* Indicate whether the cash assistance payment will be sanctioned by 50% or the case will be closed if information is not received or good cause is not established within 10 calendar days. (See Work Pays Policy 10740).
If the requested information is submitted within 10 calendar days, the DWS Workforce Specialist will key the actual hours into the automated system and select the full payment indicator.
If the requested information is not submitted within 10 calendar days, the DWS Workforce Specialist will key the actual hours into the automated system and select the sanctioned payment indicator. (Refer to Work Pays policy 10700 for non-compliance requirements).
10600 Work Pays Bonus
As an incentive to participants to retain their jobs, each Work Pays participant may receive pre-set bonus payments after meeting certain job retention targets. To be eligible for the bonuses, the participant 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 keyed after the monthly cash assistance payment has been released.
The DWS Workforce Specialist will assess prior work participation and select the indicator in the automated system 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 policy 10504 for information on keying work participation hours.)
Note: Good cause months are classified as non-compliance and must be considered when determining if a participant is eligible for a bonus.
If the Work Pays participant exits the program and re-enters the program, the participant will be eligible for bonuses not already received when their Work Pays eligibility has been re-established. (See Work Pays policy 10800 for the eligibility criteria for re-entry to the Work Pays program.)
Participants that meet the work participation requirements for three consecutive months will receive a bonus in the amount of $400.00.
Participants 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.
Upon closure of the Work Pays case due to time limits, participants that have met the work participation requirements for 21 out of 24 months will receive an exit bonus in the amount of $800.
The Work Pays participant may receive an earnings' 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 DWS Workforce Specialist will notify the supervisor if it appears that earnings exceed FPL. The supervisor will review the documentation and determine eligibility for the bonus. If it is determined that earnings exceed FPL, the DWS Workforce Specialist will send a 10-calendar day advance notice of closure to the participant (DWS-ARK-TEA-1). Once the notice expires, the DWS Workforce Specialist will close the case. After case closure, the supervisor will authorize the bonus to be issued.
Note: Temporary fluctuations such as overtime, seasonal bonuses, etc. will not be considered when determining eligibility for the earnings bonus. (See Work Pays policy 10300 for more information on FPL calculations).
10700 Non-Compliance
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 participant's case may be deemed in non-compliance. The participant:
10710 Compliance with Child Support Enforcement
The participant 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 DWS Workforce Specialist.
10720 Good Cause for Work Non-Compliance
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 policy 3800.2.
Note: Good cause months are classified as non-compliance and could result in case closure when determining if a participant has failed to comply for 3 consecutive months or failed to comply for at least 3 months out of the past 6 months.
10730 Determining Good Cause for Work Non-Compliance
Once failure to comply with Work Pays requirements has been established, the following procedures will be followed:
10740 Non-Compliance Sanction
If on the 5th workday of the month, verification of hours has not been received, a 10-calendar day advance notice (DWS-ARK-TEA-1) will be sent on the 6th workday of the month requesting documentation. If the documentation is not received within the 10 calendar days provided in the sanction notice (and good cause is not established), either a 50% sanction (reduction in benefits) will be imposed on the Work Pays case or the case will be closed. (Refer to Work Pays policy 10504 for more information on applying the sanction.)
If a participant does not comply with both the work requirement and the Office of Child Support Enforcement, the sanction applied will not exceed 50%.
If the participant fails to meet the participation requirements, then the participant will be sanctioned. Either a 50% sanction (reduction in benefits) will be imposed on the Work Pays case or the case will be closed.
Home visits will be required on Work Pays cases when an act of non-compliance occurs (i.e., each month of non-compliance).
10750 Lifting the Sanction
If the participant fully participates in the next month following a sanctioned payment, the DWS Workforce Specialist will authorize a full payment.
If the payment was reduced due to an OCSE sanction, the participant must fully cooperate with OCSE before full payment can be authorized. The OCSE sanction will be lifted upon receipt of OCSE documentation verifying cooperation.
10760 Case Closure
A Work Pays case will be closed if the participant fails to meet the general eligibility requirements including, but not limited to, one of the reasons listed below.
Note: A child is considered to be living with a parent or relative even though the child or adult is temporarily absent from the home not to exceed 45 consecutive days. This allows assistance to be continued during short periods of time in which the adult or child may not be in the usual family setting (e.g., a child may visit the non-custodial parent for up to 45 days). It is not intended to provide assistance to an adult on behalf of a child who, on a regular basis, lives in another adult's home the majority of the time (e.g., resides with another relative during the week to enable either the child or parent to attend school in another location).
Note: A 10-calendar day advance notice (DWS-ARK-TEA-1) must be sent if the participant does not submit a written closure statement waiving the right to a 10-day notice and indicating he/she understands the consequences of supplying such information. After the advance notice expires, the case may be closed.
A Work Pays case will also be closed due to noncompliance with drug screening and testing requirements. A Work Pays case will be closed if a participant, who is otherwise eligible, fails to:
* Submit a completed Drug Screening Questionnaire (DAQ) as part of the eligibility redetermination process, unless good cause has been established
* Cooperate with drug testing and/or the assigned drug treatment plan of action, unless good cause has been established.
* Pass a subsequent drug test after completing drug treatment, with the positive drug test results having been validated by a confirmation test.
Any denial of Work Pays eligibility as a result of drug screening or drug testing may be appealed in accordance with the appeal procedures in Policy 8000.
Refer to TEA policies 4050 and 4051 for information on sending advance or adequate notices in the above circumstances.
10800 Re-entry to Work Pays
Re-entry into the Work Pays Program is through the TEA Program. A participant can reenter Work Pays if they are within six months of their last TEA case closure and all Work Pays eligibility requirements are met. A participant 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. This means the 6-month rule does not apply when Work Pays cases close due to insufficient hours. Otherwise, re-entry to Work Pays will occur through TEA eligibility and transition to Work Pays upon TEA case closure.
Note: In order to close a case due to insufficient hours, the employer must be the party who limits the number of hours available for the participant to work (e.g., layoff, reduction of hours in work schedule, etc.). A case may not close due to insufficient hours if the participant limits the hours of work (e.g. quits employment, refuses to work a certain schedule, is a no show, is currently searching for a job, etc.).
10900 Overpayment
Any payment received by or for a participant 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.
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