Current through Register Vol. 54, No. 44, November 2, 2024
(a) The following RESET participation
requirements always apply:
(1) An individual
who is not exempt under §
165.21 (relating to exemptions
from RESET participation requirements) shall seek and accept any bona fide
offer of employment and maintain employment.
(2) A nonexempt individual shall accept
referral to, work in and retain employment in which the individual is able to
engage and participate in work activities specified on the AMR.
(3) A nonexempt individual may not, without
good cause, voluntarily terminate employment, reduce earnings or fail to apply
for work.
(4) Information
indicating noncompliance with this section will result in a compliance review
in accordance with §
165.51 (relating to compliance
review).
(5) A nonexempt
recipient's willful failure, without good cause, to comply with this subsection
will result in the imposition of sanctions as specified in §
165.61 (relating to
sanctions).
(b)
Requirements that apply during the first 24 months. The
following RESET participation requirements apply during the first 24 months:
(1) A nonexempt individual who is not
employed for an average of at least 20 hours per week shall participate in a
work-related activity.
(2) A
nonexempt individual who is not employed for an average of at least 20 hours
per week shall accept referral to, participate in and continue to participate
in an available work-related activity, including work-related activities
specified on the AMR.
(3) For the
initial work-related activity, the individual shall participate in an initial
job search for up to 8 weeks, except as provided in paragraph (6) and
subsection (f).
(i) For an applicant, the
initial job search is required upon authorization of cash assistance.
(ii) The applicant or recipient shall
document these efforts and present the documentation to the appropriate CAO
upon request.
(4) After
the initial job search, the individual may fulfill the work-related activity
requirement, subject to the limitations in paragraphs (5)-(8), by participating
in one or more of the following activities, as approved by the Department:
(i) Subsidized employment.
(ii) Work experience.
(iii) On-the-job training.
(iv) Community service.
(v) Workfare.
(vi) Job search, whether independent or
assisted, and job readiness and job preparation activities.
(vii) Vocational education training or job
skills training.
(viii) Any
employment and training program funded or approved by the Department that
provides one-stop access to intensive case management, training, education, job
readiness training, job search and individual job development that leads to job
placement.
(ix) Any employment and
training program funded or approved by the Department that provides activities
for a cash assistance applicant or recipient to achieve rapid attachment to the
workforce.
(x) In the case of a
recipient 18 years of age or older and less than 22 years of age, general
education that is necessary for the recipient to obtain employment, a high
school diploma or a certificate of high school equivalency, subject to the
recipient maintaining satisfactory progress as defined by the school or
educational program.
(5)
During the first 24 months that an individual receives cash assistance, whether
consecutive or interrupted, participation in an approved vocational education,
general education, English-as-a-second language and job skills training counts
toward fulfilling the work-related activity requirement of this subsection for
a maximum of 12 months. After 12 months of education or training, the
individual may continue to pursue education or training, but shall also fulfill
RESET participation requirements, unless the individual establishes good cause
under §
165.52 (relating to good
cause).
(6) A recipient 18 years of
age or older but under 22 years of age who does not have a high school diploma
or its equivalent may fulfill RESET participation requirements by pursuing a
high school diploma or its equivalent, provided that the individual maintains
satisfactory progress, as defined by the institution.
(7) Work experience is limited to 6
cumulative months in an individual's lifetime.
(8) Notwithstanding paragraph (7), work
experience may be extended beyond the 6-month lifetime limit if necessary to
comply with Title II of the Americans With Disabilities Act (42 U.S.C.A. §§
12131-12165).
(c)
Requirements that apply after the
first 24 months. The following RESET participation requirements apply
after the first 24 months:
(1) After
receiving cash assistance for 24 months, whether the months are consecutive or
interrupted, a nonexempt individual shall, as a condition of eligibility or
continuing eligibility for cash assistance, participate for an average of at
least 20 hours per week in any one or a combination of the following
activities, as approved by the Department:
(i) Unsubsidized employment.
(ii) Subsidized employment.
(iii) Work experience.
(iv) Community service.
(v) On-the-job training.
(vi) Workfare.
(2) After 24 months of receipt of cash
assistance, an individual may continue to pursue education or training, but
shall also fulfill RESET participation requirements, including the minimum
20-hour-per-week work activity requirement in paragraph (1), unless the
individual establishes good cause, as specified in § 165.52.
(3) Work experience is subject to the
provisions of subsection (b)(7) and (8).
(d)
AMR and EDP. Final
approval of the work and work-related activities listed in the AMR or EDP rests
with the Department. The AMR and EDP are not considered contracts. Factors to
be considered in developing the AMR and EDP include:
(1) Available program services.
(2) The client's previous education and
training.
(3) The client's
supportive services needs.
(4) The
client's skills level and aptitudes.
(5) Local employment opportunities.
(6) The client's goals and interests, to the
extent possible.
(e)
Self-initiated education or training. Subject to subsections
(b) and (c), self-initiated education or training may be approved as part of an
individual's AMR, if the person is making satisfactory progress as defined by
the institution.
(f)
Exempt
voluntary participation. An exempt individual may volunteer to
participate in RESET. An exempt volunteer is not required to conduct an initial
job search before participating in RESET.
The provisions of this §165.31 amended under sections
201(2), 402, 403(b), 405, 405.1, 405.3, 408, 432 and 432.3 of the Public
Welfare Code (62 P. S. §§
201(2),
402,
403(b), 405, 405.1, 405.3,
408, 432 and 432.3); the Support Law (62 P. S. §§ 1971-1977); Titles I and III of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
104-193) (PRWORA), creating the Temporary
Assistance for Needy Families (TANF) Program, and amending
42 U.S.C.A. §§
601-619,
651-669(b) and
1396u-1; and the Federal
TANF regulations in 45 CFR
260.10-265.10.
This section cited in 55 Pa. Code §
108.3 (relating to universal
notification); 55 Pa. Code §
165.1 (relating to general); 55
Pa. Code §
165.22 (relating to verification
of exemption); 55 Pa. Code §
165.25 (relating to RESET
participation requirements following an exemption); 55 Pa. Code §
165.51 (relating to compliance
review); and 55 Pa. Code §
281.3 (relating to eligibility
requirements).
