Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment clarifies new work
participation requirements pursuant to sections
208.026
and
208.040,
RSMo for the receipt of Temporary Assistance (TA) benefits.
PURPOSE: This rule establishes the work activities and
participation requirements for receipt of Temporary Assistance (TA)
benefits.
(1) A participant in a
single parent family engages in work activities if he or she participates in
the work activities described in
13
CSR 40-2.300(11)(A) through (I) for
at least thirty (30) hours per week, unless otherwise required by section
261.31(d) of Title 45, Code of Federal Regulations. After the first twenty (20)
hours, the participant can also earn additional hours by participating in the
work activities described in
13
CSR 40-2.300(11)(J) through
(L).
(2) A participant in a two- (2-) parent
family with work eligible parents engages in work activities if he or she
participates in a combined minimum of thirty-five (35) hours of work activities
as described in
13
CSR 40-2.300(10)(A) through (I),
unless otherwise required by section 261.31(d) of Title 45, Code of Federal
Regulations. After the first thirty (30) hours, the participant can earn
additional hours by participating in work activities described in
13
CSR 40-2.300(10)(J) through
(L).
(3) A work eligible, two- (2-) parent family
that receives federally-funded child care assistance, and which includes an
adult who is neither disabled nor caring for a severely disabled child, must
engage in at least fifty-five (55) hours of work activities per week, unless
otherwise required by section 261.31(d) of Title 45, Code of Federal
Regulations. After the first fifty (50) hours, the participant can earn
additional hours by participating in work activities described in
13
CSR 40-2.300(10)(J) through
(L).
(4) A participant who is married, or is a
single parent head of household under twenty (20) years of age, who has one (1)
or more children of any age, is deemed to be engaged in work activities,
notwithstanding section (1) or (2) of this rule, if-
(A) The participant maintains satisfactory
monthly attendance in a secondary school or a course of study leading to a
certificate of general equivalence; or
(B) Participates in education directly
related to employment for an average of at least twenty (20) hours per week
each month.
(5) For a
married participant, hours of engagement in the activities described in
subsection (4)(A) or (4)(B) shall be reported as the greater of-
(A) The actual hours of participation in
these activities; or
(B) Twenty
(20) hours.
(6) A family
with two (2) work-eligible parents under twenty (20) years of age will satisfy
the work activities if both participate in the activities described in
subsection (4)(A) or (4)(B).
(7) A
single parent head of household or relative, as defined in
13
CSR 40-2.310(5)(C), who has a child
under age six (6), shall be deemed to be meeting the work participation
requirement if the parent head of household or relative engages in work
activities for twenty (20) hours, notwithstanding section (1) of this rule,
unless otherwise required by section 261.31(d) of Title 45, Code of Federal
Regulations.
(8) Notwithstanding
the requirements of this rule or any other rule governing the TA program, the
job search and job assistance work participation activity set forth in
13
CSR 40-2.300(10)(F) shall be limited
as set forth in section 261.34 of Title 45, Code of Federal
Regulations.
(9) If the division
determines, after an investigation, that a participant is not cooperating with
a work activity requirement as provided for in
13
CSR 40-2.310 or this regulation, the division shall
schedule a face-to-face meeting with the participant to explain potential
sanctions and the requirements to avoid a sanction.
(A) The division shall send notice of the
scheduled meeting to the participant at least ten (10) business days before the
meeting date. The notice shall include the date, time, and place designated by
the division for the participant to appear. If the participant is unable to
attend the meeting, the participant must contact the division to reschedule the
meeting prior to the scheduled meeting time, and request an alternative meeting
date, time, or place. The meeting must occur prior to or during the same
calendar week as the original meeting, unless good cause exists. When good
cause exists, the participant may only request to schedule one (1) additional
appointment which will be within a reasonable amount of time not to exceed ten
(10) business days from the original meeting date.
(B) "Good cause" includes a mistake or
conduct beyond the control of the TA participant that is not intentionally or
recklessly designed to impede an eligibility determination under these or any
other TA regulations. Good cause includes, but is not limited to-
1. A court-required appearance or
incarceration lasting less than thirty (30) days;
2. An emergency family crisis that renders
the participant unable to meet at the scheduled place, date, or time;
and
3. A breakdown in
transportation arrangements with no readily accessible alternate means of
transportation.
(C) The
participant shall have six (6) weeks from the first business day of the week
following the meeting with the division to comply with the work activity
requirements, as required by the division. The participant's TA benefits shall
not be sanctioned during the six- (6-) week period.
(D) If the participant fails to appear for
the scheduled face-to-face meeting and does not contact the division prior to
the meeting to reschedule the meeting as described in this section, the
participant shall have six (6) weeks from the first business day of the week
following the most recent scheduled meeting with the division to comply with
the work activity requirements, as required by the division. The participant's
TA benefits shall not be sanctioned during the six- (6-) week period.
(E) If the participant does not comply with
the work activity requirements during the six- (6-) week period, as described
in either subsection (C) or (D) of this section, the division shall apply a
sanction terminating fifty percent (50%) of the full amount of TA benefit for
which the participant and the participant's family is otherwise eligible, for a
period of no more than ten (10) weeks. If the participant complies with the
work activity requirements during the six- (6-) week period, described in
either subsection (C) or (D) of this section, the division will take no further
action against the participant's TA benefits.
(F) During this ten- (10-) week period, the
participant shall remain in sanction status and the division shall attempt to
schedule a second face-to-face meeting with the participant as provided for in
this section. To end the sanction, the participant shall perform work
activities for a minimum average of thirty (30) hours per week for one (1)
month.
(G) Failure to complete the
requirements in subsection (F) of this section shall result in the
participant's TA case being closed.
(H) A participant whose case is closed under
subsection (G) of this section will attend a temporary assistance eligibility
interview if the individual wishes to re-apply for TA. The individual shall
complete a minimum average of thirty (30) hours of work activities per week
within one (1) month of the temporary assistance eligibility interview. The
completion of work activities is a pre-requisite for any further eligibility
for TA.
(10) Individuals
who are already sanctioned by the division for non-cooperation with work
activities as of August 28, 2015, shall comply with the following:
(A) Attend a face-to-face meeting with the
division as set forth in section (9);
(B) If the participant appears for the
scheduled face-to-face meeting, the work requirement sanction in place prior to
August 28, 2015, shall be ended. The participant shall have six (6) weeks from
the first business day of the week following the meeting with the division to
comply with the work participation activity requirements, as required by the
division;
(C) If the participant
fails to appear for the scheduled face-to-face meeting required by subsection
(9)(A), and does not contact the division prior to the meeting to reschedule
the meeting, the participant shall have six (6) weeks from the first business
day of the week following the originally scheduled meeting with the division to
comply with the work activity requirements, as required by the division. The
participant's TA benefits shall remain sanctioned at twenty-five percent (25%)
during the six- (6-) week period;
(D) If the participant appears for the
scheduled face-to-face meeting required by subsection (9)(A), and complies with
the work activity requirements during the six- (6-) week period, no further
action will be taken;
(E) If the
participant does not comply with the work activity requirements during the six-
(6-) week period, as described in either subsections (9)(C) or (9)(D), the
division shall apply a sanction terminating a total of fifty percent (50%) of
the TA benefit amount the household would otherwise receive. This sanction
shall apply for a period of no more than ten (10) weeks. If the participant
complies with the work activity requirements during the six- (6-) week period,
described in either subsection (9)(C) or (9)(D), the division will take no
further action against the participant's TA benefits;
(F) During this ten- (10-) week period, the
division shall attempt to schedule a second face-to-face meeting with the
participant as provided for in subsection (9)(A). To end the sanction, the
participant shall perform work activities for a minimum average of thirty (30)
hours per week for one (1) month;
(G) Failure to complete the requirements in
subsection (F) of this section shall result in the participant's TA case being
closed; and
(H) If the participant
re-applies for TA after his or her case was closed under subsection (G) of this
section, the application cannot be approved until the applicant completes a
minimum of thirty (30) hours of work activities per week with one (1) month of
the TA application.
(11)
The following TA participants are exempt from work activities, but may
voluntarily participate in work activities:
(A) Participants who are permanently
disabled, if they have been determined to be eligible for Social Security Old
Age Survivor's and Disability Insurance (OASDI), Supplemental Security Income
(SSI), or employer-sponsored disability insurance. Participants are exempt from
work activities while an application for any of the aforementioned is pending
unless or until an unfavorable determination is made;
(B) A child who is under the age of eighteen
(18), or a child under age nineteen (19) who is attending secondary school and
is not a head of a household;
(C)
Caretaker-payees sixty (60) years of age or older;
(D) A participant who is a single custodial
parent caring for a child who has not attained twelve (12) weeks of
age;
(E) A participant caring for a
disabled family member living in the home, provided that there is medical
documentation to support the need for the participant to remain in the home to
care for the disabled family member;
(F) The division may temporarily exclude TA
recipients from work participation if any of the following conditions prevents
them from participating:
1. The participant
is determined by a physician, psychiatrist, or psychologist to have a temporary
disability. The temporary disability must be expected to persist for at least
thirty (30) days, and at most six (6) months. The participant shall produce a
copy of medical records and a written report from a licensed medical
professional providing the medical diagnosis, along with any supporting medical
tests and examinations that establish the existence of the medical condition
and the timeframe of the medical statement. The temporary waiver is removed
when the period expires;
2. The
participant is a victim of domestic violence, or participation in work
activities would place the participant or his or her family in an unsafe or
unstable situation. The temporary waiver will be removed once the participant
informs the division that he or she can return to participation. The division
shall review the ongoing necessity of the temporary waiver after thirty (30)
days, regardless of whether the participant has contacted the
division;
3. The participant has an
active case with the Department of Social Service's Children's Division (CD).
The division shall contact CD to confirm if the participant has an active case,
the anticipated duration of the active case, and whether the participant's
involvement in the case prevents the recipient from participating in work
activities; and
4. The participant
is unable to find child care or transportation. The participant shall be
required to provide the division with documentation supporting the
participant's efforts to obtain childcare or transportation, including
information such as dates, contacts, and outcomes. The division will review the
ongoing necessity of this temporary waiver every thirty (30)
days.
(G) A single
custodial parent caring for a child less than six (6) years of age because-
1. Appropriate child care within a reasonable
distance from the home or work site is unavailable; or
2. Informal child care by a relative or under
other arrangements is unavailable or unsuitable; or
3. Appropriate and affordable formal child
care arrangements are unavailable; or
4. As used in this subsection, "affordable
formal child care arrangements" shall mean that no participant shall be
required to accept child care if the only available child care requires the
family to personally pay more than twenty percent (20%) of their gross
household income (less medical insurance premiums) for child care. This twenty
percent (20%) includes any sliding-scale fee or additional co-payment the
family would be required to pay. This twenty percent (20%) does not include any
federal, state, or local child care subsidy; or
5. As used in this subsection, "appropriate
child care" shall mean an appropriate provider that is:
A. Licensed by the Missouri Department of
Health and Senior Services; or
B.
If exempt from licensure, is registered by the Children's' Division;
or
6. As used in this
subsection, "unsuitability of informal care" shall mean that the participant
believes the child is at risk of abuse or neglect while being cared for by the
provider. A participant shall not be required to use a provider with whom the
participant has reason to believe will abuse or neglect the child. If another
adult is residing in the household, but the participant does not believe the
other adult is suitable, the participant must provide a reasonable statement as
to why the other adult(s) is unavailable, or why this adult places the child at
risk of abuse or neglect; or
7. As
used in this subsection, "reasonable distance" shall be determined by the
following:
A. The availability of personal
transportation;
B. The distance
from a public transportation access point to a child care facility or work
site; or
C. What is considered to be
a reasonable distance in the participant's
community;
(H)
The division shall determine if there is good cause for not participating in
work activities prior to imposing a sanction. Good cause may include:
1. Employment that would result in the family
of the participant experiencing a net loss of cash income;
A. Net loss of cash income results if the
family's gross income, less necessary work-related expenses such as uniforms,
background screenings and personal protective equipment, is less than the cash
assistance the individual was receiving at the time the offer of employment was
made.
B. For the purposes of this
paragraph, gross income includes, but is not limited to, earnings, unearned
income, and cash assistance;
2. A court-required appearance or
incarceration that renders participation unreasonable;
3. A breakdown in transportation arrangements
beyond the control of the participant, with no readily accessible alternate
means of transportation;
4. A
breakdown in a child care arrangement, or the unavailability of child care
suited for the special needs of the child for whom it is intended;
5. A lack of identified social services
necessary for participation as set forth in an individual employment plan
referenced in
13
CSR 40-2.370;
6. The participant's home is rendered
unlivable by fire or other natural disaster;
7. A temporary disability that causes the
participant to be unable to work;
8. The accidental injury of a child or other
family member that requires the participant to remain at home to care for the
child or family member, and that prevents the participant from being able to
seek work or maintain present employment;
9. A job loss due to company layoff,
downsizing, or closing; or
10. The
participant or a family member is a victim of a felony, as defined in the
Missouri criminal statutes.
(12) All information provided to the division
by a participant as required by this regulation shall be true, accurate, and
complete.
(13) A participant who is
aggrieved by a decision of the division under this regulation may appeal the
division's decision pursuant to section
208.080,
RSMo.
*Original authority: 207.020, RSMo 1945, amended 1961,
1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955,
1969, 1982, 1985.
