Mo. Code Regs. tit. 13 § 40-2.315

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 13 CSR 40-2.315 - Work Activity and Work Requirements for Recipients of Temporary Assistance

PURPOSE: This amendment clarifies new work participation requirements pursuant to sections 208.026 and 208.040, RSMo for the receipt of Temporary Assistance (TA) benefits.

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 participates 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 combined 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 assistance, and which includes an adult who is neither disabled nor caring for a severely disabled child, must engage in at least fifty-five (55) hours of work activities per week, unless otherwise 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 13 CSR 40-2.300(10)(J) through (L).

(4) A participant who is married, or is a single 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 related 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 subsection (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 parents under twenty (20) years of age will satisfy 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 relative, 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 Regulations.

(8) Notwithstanding the requirements of this rule or any other rule governing the TA program, 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 investigation, that a participant is not cooperating 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 sanctions and the requirements to avoid a sanction.

(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 reasonable 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 participant that is not intentionally or recklessly designed to impede an eligibility determination under these or any other TA regulations. Good cause includes, but is not limited to-

1. A court-required appearance or incarceration lasting less than thirty (30) days;

2. An emergency family crisis that renders the participant unable to meet at the scheduled place, date, or time; and

3. A breakdown in transportation arrangements with no readily accessible alternate 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 section, the participant shall have six (6) weeks from the first business day of the week following 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 sanctioned 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 subsection (C) or (D) of this section, the division shall apply a sanction terminating fifty percent (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 participant complies with the work activity requirements 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 second 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 completion 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 scheduled face-to-face meeting, the work requirement 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 participation 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 division. 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 scheduled face-to-face meeting required by subsection (9)(A), and complies with the work activity 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 subsections (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 complies with the work activity requirements during the six- (6-) week period, described in either subsection (9)(C) or (9)(D), the division 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 subsection (G) of this section, the application cannot be approved until the applicant completes a minimum of thirty (30) hours of work activities per week with one (1) month of the TA application.

(11) The following TA participants are exempt from work activities, but may voluntarily participate in work activities:

(A) Participants who are permanently disabled, if they have been determined to be eligible for Social Security Old Age Survivor's and Disability Insurance (OASDI), Supplemental 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 determination is made;

(B) A child who is under the age of eighteen (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 family 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 from participating:

1. The participant is determined by a physician, psychiatrist, or psychologist to have a temporary disability. The temporary disability must be expected to persist for at least thirty (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 existence of the medical condition and the timeframe of the medical statement. The temporary waiver is removed when the period expires;

2. The participant is a victim of domestic violence, or participation in work activities 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 temporary 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 Children's Division (CD). The division shall contact 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 documentation 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 reasonable 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, "affordable 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 insurance 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, "appropriate child care" shall mean an appropriate provider that is:

A. Licensed by the Missouri Department of Health and Senior Services; or

B. If exempt from licensure, is registered by the Children's' Division; or

6. As used in this subsection, "unsuitability 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 participant 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, "reasonable distance" shall be determined by the following:

A. The availability of personal transportation;

B. The distance from a public transportation access point to a child care facility or work site; or

C. What is considered to be a reasonable 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 protective equipment, is less than the cash assistance the individual was receiving at the time the offer of employment was made.

B. For the purposes of this paragraph, gross income includes, but is not limited to, earnings, unearned income, and cash assistance;

2. A court-required appearance or incarceration that renders participation unreasonable;

3. A breakdown in transportation arrangements beyond the control of the participant, with no readily accessible alternate means of transportation;

4. A breakdown in a child care arrangement, 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 participant to remain at home to care for the child or family member, and that prevents the participant 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 Missouri 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 decision of the division under this regulation may appeal the division's decision pursuant to section 208.080.

13 CSR 40-2.315

AUTHORITY: sections 207.020 and 208.040.5, RSMo 1994.* Emergency rule filed Feb. 18, 1998, effective March 1, 1998, terminated Aug. 10, 1998. Original rule filed Jan. 16, 1998, effective Aug. 1, 1998.

Amended by Missouri Register March 1, 2016/Volume 41, Number 05, effective 4/30/2016

*Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955, 1969, 1982, 1985.