Current through Register 1531, September 27, 2024
An individual who, without good cause as defined by
106 CMR
701.380: Good Cause
Criteria, fails to meet the Work Program requirements or fails to meet
the obligations of the Employment Development Plan (EDP), will be sanctioned,
except for a client who is granted an extension of benefits beyond the 24-month
period as provided in 106 CMR 703.120: Time-limited Benefits.
The client granted an extension who fails to meet the obligations of the EDP
will be terminated.
Before determining whether an individual has failed to meet the
Work Program requirements or failed to meet the obligations of an EDP without
good cause, the Department shall review all good cause criteria with the
individual to determine if good cause exists. Review of the good cause criteria
by the Department with the individual shall be conducted in writing, unless the
individual asks that the review take place either in person or by telephone
with his or her worker. If there is no good cause, the individual shall be
sanctioned as follows.
(A)
Consequences for Not Meeting EDP Obligations.
(1) For the first failure to meet the
obligations of the EDP, the individual is given a written warning of the
consequences of subsequent failures.
(2) For a second or subsequent failure to
meet the obligations of the EDP, the individual is mandated to participate in
TAFDC Community Service. The EDP will be updated with the mandatory community
service requirement and ways the individual may meet the Work Program
requirement.
(3) For the first
failure to participate in mandated TAFDC Community Service, the individual is
not eligible for TAFDC until the individual meets the Work Program requirements
for the required hours per week as provided in 106 CMR 703.150(A)(5), begins or
resumes participation in TAFDC Community Service, works at a job for pay,
participates in other work program activities as provided in 106 CMR
703.150(A)(2) or a combination of these activities for two consecutive
weeks.
(4) For a second or
subsequent failure of a grantee to participate in mandated TAFDC Community
Service, the assistance unit is ineligible for assistance until the individual
meets the Work Program requirements for the required hours per week as provided
in 106 CMR 703.150(A)(5), begins or resumes participation in TAFDC Community
Service, works at a job for pay, participates in other work program activities
as provided in 106 CMR 703.150(A)(5) or a combination of these activities for
two consecutive weeks.
(5)
Assistance to the remaining members of the assistance unit shall be in the form
of vendor payments, when possible.
(B)
Consequences for Not Meeting
Work Program Requirements.
(1)
For the first failure to meet the Work Program requirements, except for the
Full Employment Program, the individual:
(a)
is mandated to participate in TAFDC Community Service and the EDP will be
completed with the mandatory community service requirement; and
(b) is ineligible for TAFDC until he or she
meets the Work Program requirements for the required hours per week as provided
in 106 CMR 703.150(A)(5), begins or resumes participation in TAFDC Community
Service, works at a job for pay, participates in other work program activities
as provided in 106 CMR 703.150(A)(2) or a combination of these activities for
two consecutive weeks.
In a two-parent assistance unit, both parents are ineligible
for TAFDC until both parents work at a job for pay and are meeting the required
hours per week as provided in 106 CMR 703.150(A)(5) or participate in other
work program activities as provided in 106 CMR 703.150(A)(2) or a combination
of these activities for two consecutive weeks unless only one parent is
required to meet the Work Program requirements. In this situation, only the
parent who does not meet his or her Work Program requirements is
ineligible.
(2)
For the first failure to participate in mandated TAFDC Community Service, the
individual is ineligible for TAFDC until the individual meets the Work Program
requirements for the required hours per week as provided in 106 CMR
703.150(A)(5) or begins or resumes participation in TAFDC Community Service,
participates in other work program activities as provided in 106 CMR
703.150(A)(2) or a combination of these activities for two consecutive
weeks.
(4) Assistance to the
remaining members of the assistance unit shall be in the form of vendor
payments, when possible.
(C)
Consequences for Failure to
Obtain a Job through Full Employment Program.
(1) An individual, who, after three failed
attempts to obtain a job through the Full Employment Program (FEP), without
good cause as defined by
106 CMR
701.380: Good Cause
Criteria, shall be mandated to participate in the TAFDC Community
Service component. The EDP will be updated with the mandatory community service
requirement and ways the he or she may meet the Work Program
requirements.
(2) For the first
failure to participate in mandated TAFDC Community Service, the individual is
ineligible for TAFDC until he or she meets the Work Program requirements for
the required hours per week as provided in 106 CMR 703.150(A)(5) or begins or
resumes participation in TAFDC Community Service, participates in other work
program activities as provided in 106 CMR 703.150(A)(2) or a combination of
these activities for two consecutive weeks.
(3) After the second or subsequent failure by
a grantee to participate in mandated TAFDC Community Service, the assistance
unit is ineligible for assistance until the individual meets the Work Program
requirements for the required hours per week as provided in 106 CMR
703.150(A)(5) or begins or resumes participation in TAFDC Community Service,
participates in other work program activities as provided in 106 CMR
703.150(A)(2) or a combination of these activities for two consecutive
weeks.
(4) Assistance to the
remaining members of the assistance unit shall be in the form of vendor
payments, when possible.
