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.