Current through Register Vol. 6, March 22, 2024
(1)
A TANF Cash Assistance participant's failure to comply with employment and
training activities, failure to comply with any requirement under a Family
Investment Agreement/WoRC Employability Plan (FIA/EP), including providing
verification of participation in employment and training activities outlined in
the FIA/EP, or failure to accept and/or maintain employment shall not result in
an adverse action, including sanctions, if good cause exists for the failure to
comply or for the participant's actions. A TANF Cash Assistance participant's
failure to provide financial or nonfinancial verification shall not result in
an adverse action, including denial or closure of TANF benefits, if good cause
exists for the participant's actions.
(2) The participant shall be given the
opportunity to document good cause for failing to comply by providing and
verifying information to the case manager regarding the alleged noncompliance
and the reasons for the alleged failure to comply. If the information provided
is not sufficient to prove good cause and it is determined the participant has
failed to prove good cause for the noncompliance, appropriate adverse action
will be taken, including the imposition of a sanction in accordance with ARM
37.78.506 if
appropriate.
(3) Good cause for
failure to complete employment and training activities or comply with FIA/EP
activities is limited to the following verified circumstances:
(a) temporary severe illness or incapacity of
the participant for the duration of the illness or incapacity;
(b) temporary severe illness or incapacity of
another household member sufficiently serious to require the presence of the
participant for the duration of the illness or incapacity;
(c) death of an immediate family member
within the 5th degree of kinship (up to a maximum of five working
days);
(d) temporary inability to
obtain necessary child care, through no fault of the participant;
(e) adverse weather conditions which make
travel impossible or unreasonably dangerous;
(f) temporary lack of transportation in a
case where the participant cannot reasonably be expected to walk or bicycle
because of the distance or the participant's health or physical limitations;
(i) Transportation is considered to be
available if the participant has the use of a private vehicle, has access to
public transportation, or can ride with someone else, provided that a
participant will not be required to accept a ride under circumstances which a
reasonable person would consider dangerous or unsuitable.
(g) the individual is unable to comply due to
a current domestic violence situation.
(4) Good cause for failure to accept
employment or for voluntarily quitting a job or reducing earned income from
employment is limited to the following verified circumstances:
(a) The wage is less than the state minimum
wage.
(b) Temporary lack of
transportation in a case where the participant cannot reasonably be expected to
walk or bicycle to work because of the distance or the participant's health or
physical limitations.
(i) Transportation is
considered to be available if the participant has the use of a private vehicle,
has access to public transportation, or can ride with someone else, provided
that a participant will not be required to accept a ride under circumstances
which a reasonable person would consider dangerous or unsuitable.
(c) Participant is temporarily
unable to obtain necessary child care during employment hours, through no fault
of the participant.
(d) Working
conditions are unsuitable because of an unreasonable degree of risk to health
or safety or lack of workers' compensation coverage.
(e) The participant is age 60 or
older.
(f) The participant has a
physical or mental impairment which prevents the participant from accepting or
maintaining this employment, as determined by a qualified medical professional
involved in the treatment of the individual. A qualified medical professional
is defined as an individual who is currently licensed in the state of Montana
and is practicing within their field of expertise.
(g) A temporary severe illness or incapacity
of the participant for the duration of the illness/incapacity only.
(h) A temporary severe illness or incapacity
of another household member sufficiently serious to require the presence of the
participant, for the duration of the illness/incapacity only.
(i) The participant lacks the necessary
work-related skills for the employment and cannot acquire such skills in time
to obtain or retain the employment.
(j) The participant is unable to participate
in employment due to a current domestic violence situation.
(5) Good cause for failure to
provide financial or nonfinancial verification to
determine or continue eligibility is limited to the
following:
(a) verified circumstances
beyond the participant's control for failing to provide citizenship
verification, birth certificate, kinship documentation, income, or resources;
and
(b) participant must be making
a good faith effort to obtain the required verification.
53-2-201,
53-4-212,
MCA; IMP,
53-2-201,
53-4-211,
53-4-601
MCA;