385.8 Participation rate requirements.

(a) Participation rates for all families with dependent children receiving Federal temporary assistance for needy families.

(1) The minimum number of families in each month for which at least one adult or minor child head of household must be engaged in work as defined in paragraph (2) of this subdivision must be as follows:

(i) for Federal fiscal year 1997: 25 percent of the number of cases;

(ii) for Federal fiscal year 1998: 30 percent of the number of cases;

(iii) for Federal fiscal year 1999: 35 percent of the number of cases;

(iv) for Federal fiscal year 2000: 40 percent of the number of cases;

(v) for Federal fiscal year 2001: 45 percent of the number of cases; and

(vi) for Federal fiscal year 2002 and thereafter: 50 percent of the cases.

(2) A member of a household shall be engaged in work if such member is participating in the work activities listed in paragraph (3) of this subdivision for at least the number of hours per week, averaged monthly, as specified in subparagraphs (i) through (iii) of this paragraph, provided, however, that a recipient who is the only parent or caretaker relative in the family of a child who has not attained six years of age is deemed to be engaged in work for a month if the recipient is engaged in work for an average of at least 20 hours per week during the month:

(i) for Federal fiscal years 1997 and 1998: 20 hours;

(ii) for Federal fiscal year 1999: 25 hours;

(iii) for Federal fiscal years 2000 and thereafter: 30 hours.

(3) An individual participating in the work activities identified in section 385.9(a)(1)-(8) and (12) of this Part for the first 20 hours per week, shall be deemed to be engaged in work as allowed by Federal law.

(4) An individual participating in work activities identified in section 385.9(a)(1)-(12) of this Part shall be deemed to be engaged in work for the required hours above 20 hours.

(5) A recipient who is married or a head of household and has not attained 20 years of age is deemed to be engaged in work for a month if the recipient:

(i) maintains satisfactory attendance at secondary school or the equivalent during the month; or

(ii) participates for an average of at least 20 hours per week during the month in education directly related to employment as set forth in section 385.9(a)(10) of this Part.

(6) Calculation of the rate.

(i) Denominator. Each month the commissioner shall determine the number of cases receiving Federal temporary assistance to needy families.

(a) Such count shall exclude those cases deemed to be child-only cases in accordance with the provisions of this Title, and for which the social services official has determined an adult to be exempt in accordance with the provisions of section 385.2(b)(7)(i) of this Part regarding caretakers of children under 12 months of age.

(b) Such count shall also exclude for a period not to exceed three months in each 12-month period all cases in which the parent or caretaker has been sanctioned in accordance with the provisions of section 385.12(d)(1) of this Part.

(ii) Numerator. The commissioner shall count monthly the number of cases in which at least one adult or minor child head of household has engaged in work as defined by this section. Such count shall be the numerator of the calculation.

(iii) The commissioner shall calculate the rate monthly by dividing the numerator by the denominator.

(7) Such calculation shall be consistent with Federal law and shall apply unless a different rate is imposed by the Federal government; in such instance the commissioner shall establish a rate based upon a methodology consistent with Federal law.

(b) Participation rate for two-parent families with dependent children receiving Federal temporary assistance for needy families.

(1) The minimum number of families in each month for which the parent or parents must be engaged in work as defined in paragraph (2) of this subdivision must be as follows:

(i) for Federal fiscal years 1997 and 1998: 75 percent of the number of families;

(ii) for Federal fiscal year 1999 and thereafter: 90 percent of the number of families.

(2) For Federal fiscal year 1997 and thereafter, a parent or both parents in a two-parent family shall be engaged in work if either or both parents are deemed to be participating in the work activities listed in this paragraph for at least the number of hours per week, averaged monthly, as specified in subparagraphs (i) and (ii) of this paragraph and as limited by Federal law:

(i) if no federally funded child care is made available to the family, one or both parents for a total of 35 hours not fewer than 30 hours per week of which are attributable to an activity described in section 385.9(a)(1)-(8) or (12) of this Part;

(ii) if federally funded child care is provided to the family, both parents for a total of 55 hours, not fewer than 50 hours per week of which are attributable to an activity described in section 385.9(a)(1)-(8) or (12) of this Part;

(iii) a parent or both parents participating in work activities identified in section 385.9(a)(1)-(12) of this Part shall be deemed to be engaged in work for the required hours above the 30 hours and 50 hours set forth in subparagraphs (i) and (ii) of this paragraph.

(3) Calculation of the rate.

(i) Denominator. Each month the commissioner shall determine the number of two-parent families in which such parents have a child in common (includes spousal relationship and non-legal union with child in common) receiving Federal temporary assistance to needy families.

(a) Such count shall exclude those cases in which one adult is disabled, ill or incapacitated in accordance with the provisions of section 385.2 of this Part.

(b) Such count shall exclude those active cases in which one or both adult members are sanctioned pursuant to section 385.12 of this Part; provided, however, that such exclusion shall not exceed three months in any 12-month period.

(ii) Numerator. The commissioner shall count monthly the number of cases in which a parent or both parents are engaged in work as defined by this section. Such count shall be the numerator of the calculation.

(iii) The commissioner shall calculate the rate monthly by dividing the numerator by the denominator.

(c) Participation rate for all families without dependent children and all families with dependent children which are receiving safety net assistance excluding those receiving Federal temporary assistance for needy families benefits.

(1) For all families for each month in which at least one parent is not exempt in accordance with the provisions of section 385.2 of this Part, the percentage of families for which at least one adult or minor child head of household must be engaged in work as defined in paragraph (2) of this subdivision must be as follows:

(i) for Federal fiscal years 1997 and 1998: 75 percent of the number of families;

(ii) for Federal fiscal year 1999 and thereafter: 90 percent of the number of families.

(2) For Federal fiscal year 1997 and thereafter, the adults in a family without dependent children or one or both parents in a family with dependent children shall be deemed to be engaged in work if such members are participating in the work activities listed in paragraph (3) of this subdivision for a total of at least the number of hours per week, averaged monthly, as specified in subparagraphs (i) through (iii) of this paragraph, or otherwise participating as defined by subparagraphs (iv) through (ix) of this paragraph.

(i) In the case of one parent families with dependent children:

(a) for Federal fiscal years 1997 and 1998: 20 hours;

(b) for Federal fiscal year 1999: 25 hours;

(c) for Federal fiscal years 2000 and thereafter: 30 hours.

(ii) In the instance of two-parent families where child care is provided, one or both adults or parents for a total of 55 hours.

(iii) In the instance of adults in families without dependent children or parents in two-parent families where child care is not provided or one parent is caring for a disabled child, one or both adults or parents for a total of 35 hours.

(iv) The individual has been called in by the social services official for a referral or assignment to a work activity identified in paragraphs (3) through (8) of this subdivision, has failed to report, and to whom a conciliation notice has been sent.

(v) The individual has been assigned to a work activity identified in paragraphs (3) through (8) of this subdivision; provided, however, that such individual shall be considered engaged in work only during the month in which such assignment is made.

(vi) The individual has been referred to a work activity identified in paragraphs (3) through (8) of this subdivision for the purpose of an interview and possible assignment to such activity; provided, however, that the individual will be considered engaged in work only during the month in which such referral is made.

(vii) The individual has been sent a conciliation notice for failure to participate in a work activity identified in paragraphs (3) through (8) of this subdivision and such participation would have met the hourly requirements identified in this subdivision for being engaged in work.

(viii) The individual has been sent a timely and adequate notice of intent to discontinue public assistance for the failure to comply with the requirements of this Part and such notice has yet to take effect.

(ix) The individual has requested a fair hearing in accordance with the requirements of this Part and Part 358 of this Title, the results of which have not been provided to the social services official.

(3) An adult in a single parent family participating in the work activities identified in section 385.9(a)(1)-(8) and (12) of this Part for the first 20 hours per week, shall be deemed to be engaged in work.

(4) An adult in a single parent family participating in work activities identified in section 385.9(a)(1)-(12) of this Part shall be deemed to be engaged in work for the required hours above 20 hours.

(5) One or both parents in a two-parent family participating in the work activities identified in section 385.9(a)(1)-(8) and (12) of this Part for the first 30 hours per week, shall be deemed to be engaged in work.

(6) A parent or both parents in a two-parent family participating in work activities identified in section 385.9(a)(1)-(12) of this Part shall be deemed to be engaged in work for the required hours above 30 hours.

(7) All adults in a family without dependent children participating in the work activities identified in section 385.9(a)(1)-(5) of this Part for the first 30 hours per week, shall be deemed to be engaged in work.

(8) All adults in a family without dependent children in work activities identified in section 385.9(a)(1)-(12) of this Part shall be deemed to be engaged in work for the required hours above 30 hours.

(9) Calculation of the rate.

(i) Denominator. Each month the commissioner shall determine the number of households receiving safety net assistance in which there is a nonexempt adult.

(ii) Numerator. The commissioner shall count monthly the number of adult individuals that are engaged in work as defined by this section. Such count shall be the numerator of the calculation.

(iii) The commissioner shall calculate the rate monthly by dividing the numerator by the denominator.

(10) Notwithstanding the requirements of this subdivision, the commissioner may identify those individuals or families who are participating in work experience to the fullest extent possible based on the limitation to maximum hours required as set forth in section 385.9 of this Part and deem them to be engaged in work for the purpose of calculating the participation rate.

(11) Notwithstanding the requirements of this subdivision, an individual who is work limited shall be deemed to be engaged in work and, therefore, count in the numerator if such individual is assigned to a work activity identified in paragraph (7) of this subdivision for a number of hours determined by the social services official after taking into consideration such limitations.

(12) For the purposes of this subdivision, an individual who is work limited due to an impairment related to alcohol or substance abuse shall not be deemed engaged in work solely by participating in an alcohol or substance abuse treatment program unless such individual is engaged in a work activity as a part of such treatment program.