315 Work Activity and Work

Requirements for Recipients of Temporary Assistance 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 partic- ipates 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 com- bined 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 assis- tance, and which includes an adult who is nei- ther disabled nor caring for a severely disabled child, must engage in at least fifty-five (55) hours of work activities per week, unless oth- erwise 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 CSR 40- 2.300(10)(J) through (L). (4) A participant who is married, or is a sin- gle 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 relat- ed 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 sub- section (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 par- ents under twenty (20) years of age will sat- isfy 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 rela- tive, 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 Regu- lations. (8) Notwithstanding the requirements of this rule or any other rule governing the TA pro- gram, 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 inves- tigation, that a participant is not cooperating Chapter 2—Income Maintenance 13 CSR 40-2 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 sanc- tions and the requirements to avoid a sanc- tion. (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 reason- able 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 partici- pant that is not intentionally or recklessly designed to impede an eligibility determina- tion under these or any other TA regulations. Good cause includes, but is not limited to— 1. A court-required appearance or incar- ceration lasting less than thirty (30) days; 2. An emergency family crisis that ren- ders the participant unable to meet at the scheduled place, date, or time; and 3. A breakdown in transportation arrangements with no readily accessible alter- nate 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 sec- tion, the participant shall have six (6) weeks from the first business day of the week follow- ing 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 sanc- tioned 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 sub- section (C) or (D) of this section, the division shall apply a sanction terminating fifty per- cent (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 partici- pant complies with the work activity require- ments 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 sec- ond 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 comple- tion 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 sched- uled face-to-face meeting, the work require- ment 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 participa- tion 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 divi- sion. 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 sched- uled face-to-face meeting required by subsec- tion (9)(A), and complies with the work activ- ity 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 sub- sections (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 com- plies with the work activity requirements dur- ing the six- (6-) week period, described in either subsection (9)(C) or (9)(D), the divi- sion 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 subsec- tion (G) of this section, the application can- not be approved until the applicant completes a minimum of thirty (30) hours of work activ- ities per week with one (1) month of the TA application. (11) The following TA participants are exempt from work activities, but may voluntarily par- ticipate in work activities: (A) Participants who are permanently dis- abled, if they have been determined to be eli- gible for Social Security Old Age Survivor’s and Disability Insurance (OASDI), Supple- mental 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 deter- mination is made; (B) A child who is under the age of eigh- teen (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 fam- ily 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 (10/31/20) JOHN R. ASHCROFT 13 CSR 40-2—DEPARTMENT OF SOCIAL SERVICES Division 40—Family Support Division from participating: 1. The participant is determined by a physician, psychiatrist, or psychologist to have a temporary disability. The temporary disabil- ity must be expected to persist for at least thir- ty (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 exis- tence of the medical condition and the time- frame of the medical statement. The tempo- rary waiver is removed when the period expires; 2. The participant is a victim of domes- tic violence, or participation in work activi- ties 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 tempo- rary 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 Chil- dren’s Division (CD). The division shall con- tact 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 doc- umentation 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 rea- sonable 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, “afford- able 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 insur- ance 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, “appropri- ate child care” shall mean an appropriate provider that is: A. Licensed by the Missouri Depart- ment of Health and Senior Services; or B. If exempt from licensure, is regis- tered by the Children’s’ Division; or 6. As used in this subsection, “unsuit- ability 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 partic- ipant 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, “reason- able distance” shall be determined by the fol- lowing: A. The availability of personal trans- portation; B. The distance from a public trans- portation access point to a child care facility or work site; or C. What is considered to be a reason- able 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 protec- tive equipment, is less than the cash assis- tance the individual was receiving at the time the offer of employment was made. B. For the purposes of this para- graph, gross income includes, but is not limited to, earnings, unearned income, and cash assistance; 2. A court-required appearance or incar- ceration that renders participation unreason- able; 3. A breakdown in transportation arrangements beyond the control of the par- ticipant, with no readily accessible alternate means of transportation; 4. A breakdown in a child care arrange- ment, 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 partic- ipant to remain at home to care for the child or family member, and that prevents the par- ticipant 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 Mis- souri 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 deci- sion of the division under this regulation may appeal the division’s decision pursuant to sec- tion 208.080, RSMo. AUTHORITY: section 207.022, RSMo Supp. 2014, and section 208.026, RSMo Supp. 2015.* Emergency rule filed Feb. 18, 1998, effective March 1, 1998, terminated Aug. 10, 1998. Original rule filed Jan. 16, 1998, effective Aug. 1, 1998. Emergency amend- ment filed Aug. 18, 2015, effective Aug. 28, 2015, expired Feb. 23, 2016. Amended: Filed Aug. 28, 2015, effective April 30, 2016. *Original authority: 207.022, RSMo 2014 and 208.026, RSMo 2015.