Pennsylvania Code
Title 55 - HUMAN SERVICES
Part II - Public Assistance Manual
Subpart C - Eligibility Requirements
Chapter 166 - EMPLOYMENT AND COMMUNITY WORK EXPERIENCE PROGRAM
Section 166.23 - Requirements
Universal Citation: 55 PA Code ยง 166.23
Current through Register Vol. 54, No. 44, November 2, 2024
(a) General. The requirements of §§ 165.23 and 165.24(reserved) apply, except as modified in this chapter.
(b) Pennsylvania Employables Program. Requirements for the Pennsylvania Employables Program (PEP) will be as follows:
(1)
Enrollment. The CAO shall enroll each nonexempt cash grant
recipient into PEP on the 15th calendar day after assistance is authorized
unless the recipient finds employment, is placed in employment by OES or has
been reported by OES as refusing to cooperate.
(2)
Referral to bona fide employment,
training or employment generating sources. The CAO employment unit,
through PEP, shall make every effort to place each enrolled individual into
bona fide employment or training, as defined in §
165.23(f)(1), or
will refer recipients, when applicable, to a licensed private employment agency
under contract with the Department or other employment-generating sources for
placement. Placement priority shall be given to GA
recipients.
(c) Community work experience program. Requirements for the Community Work Experience Program (CWEP) will be as follows:
(1)
Enrollment. The CAO
shall enroll each cash grant recipient who is nonexempt in accord with §
165.23(b), and
who has not been placed in bona fide employment or training,
into CWEP on the 15th calendar day after his enrollment into PEP. Efforts by
OES and by the EU shall continue to be made to place persons in employment
after enrollment in CWEP. Persons assigned to a CWEP must continue to search
for full-time employment through OES, PEP and on their own on days when not
assigned to a community work experience project.
(2)
Project assignment. The
EU may refer any nonexempt member of a TANF or GA unit to a project assignment
at any time, including the following persons:
(i) An AFDC or GA parent or caretaker of a
child between the age of 6 and 14 who is personally providing care for the
child with only very brief and infrequent absences from the child, but only at
times when the child is in school or when there are adequate day care
arrangements available at no cost to the parent or caretaker.
(ii) AFDC recipients who are exempt from
active participation in WIN only because they are too remote, in accord with
§ 167.43(b)(9) (Reserved).
(iii) AFDC recipients who are employed less
than 80 hours per month. AFDC persons employed 80 hours or more per month at
the current minimum wage for such employment will not be required to
participate in CWEP. Also exempt are AFDC persons who work 80 hours or more per
month in a job for which a minimum wage has not been established.
(iv) GA recipients who are not employed
full-time as defined in § 165.23(b)(2)(vii).
(3)
Selection of
participants. Requirements for selection of participants are as
follows:
(i) The EO shall establish and
maintain a continually updated assignment list, with first priority given to GA
recipients.
(ii) The EO, in
selecting participants for assignment, shall take into consideration, to the
extent possible, the prior training, proficiency, experience and skills of the
participants.
(iii) When a project
terminates, persons assigned to that project will be returned to the bottom of
the assignment list for reassignment.
(4)
Orientation. The EU
shall provide orientation for each person assigned to a CWEP. The orientation
must be in person, either individually or in a group setting. An orientation
handbook which explains the rights and responsibilities of the client in CWEP
will be given to each person as a part of their orientation.
(5)
Assignment to CWEPs within 25
miles. The EU shall refer a person to a project assignment only if the
location for reporting for work is within 25 miles of his place of
residence.
(6)
Duration of
assignment. The EO shall assign persons to a CWEP for a period of time
in a calendar month no longer than the number of whole hours derived from
dividing the dollar amount of the monthly assistance grant by the minimum wage.
No assignment during a calendar month may exceed the number of hours derived
from this computation. Where there are two or more nonexempt persons in the
assistance unit, the total hours worked by any or all members of the assistance
unit may not exceed the hours computed, as described in this paragraph. Any
hours lost through excused absences in accordance with the personnel procedures
of the project operator will be rescheduled within the same calendar month, if
possible.
(7)
Client
participation expenses. Recipients assigned to CWEP may not be
required to use their assistance or their income or resources to pay costs of
participation. Expenses for the least expensive transportation available and
other costs that are necessary and directly related to participation in CWEP
will be borne by the project operator through a payment of up to $25 per month
per participant.
(8)
Sanctions. Nonexempt persons who refuse to participate in CWEP
without good cause will be subject to sanctions as follows:
(i) For AFDC recipients who refuse to
participate, the procedures in § 167.43(e) and (f) will apply.
(ii) For GA recipients, the sanctions
described in § 165.23(e) will apply.
(9)
Termination.
Requirements on termination of the CWEP assignment are as follows:
(i) The assignment will be terminated on the
date of discontinuance of assistance.
(ii) The assignment will be terminated when a
person is determined to have exempt status.
(iii) The assignment will be terminated when
a parent or caretaker of a child under age 14 no longer meets the conditions of
paragraph (2)(i).
(iv) The
assignment will be terminated at the end of 6 months of continuous assignment
to a single CWEP when there are others on the assignment list who can benefit
from the experience.
(10)
Responsibilities of project operators. Requirements for the
responsibilities of project operators are as follows:
(i) Project operators are responsible for the
supervision of the work experience of a person assigned to them, and to report
to the Department as required by the Department.
(ii) Project operators will be required by
the Department to do the following:
(A) Meet
health and safety standards prescribed by Federal, State and local
law.
(B) Provide equipment, special
protective clothing or uniforms as required by the nature of the
work.
(C) Cover costs which are
both reasonably necessary and directly related to participation in the program
as set forth in paragraph (7).
(D)
Provide Workers' Compensation insurance coverage for persons assigned to
them.
(E) Provide work
opportunities which are not the result of a labor dispute, strike or lockout
and which do not result in the layoff, downgrading, prevention of return to
work of an available competent employe or reduction of work for regular
employes resulting in loss of salary or other compensation.
(F) Provide a work opportunity which is not
in any way related to political, electoral or partisan activities.
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