Section 405.1 - Establishment of RESET(a.1) There is established a program within the department, which shall be known as the Road to Economic Self-sufficiency through Employment and Training (RESET). RESET shall be designed to enable recipients of cash assistance to secure permanent full-time unsubsidized jobs, entry level jobs or part-time jobs which can establish a work history, preferably in the private sector, with wages and benefits that lead to economic independence and self-sufficiency as soon as practicable, within the constraints of available funds.(a.2) In accordance with RESET, the following requirements shall apply:(1) As a condition of eligibility or continuing eligibility for cash assistance, every individual who is not exempt under subsection (a.3) shall seek employment, accept any offer of employment and maintain employment.(2) As a condition of eligibility or continuing eligibility for cash assistance, a nonexempt applicant or recipient who is not employed for an average of at least twenty hours per week shall be required to participate in a work-related activity.(3) As a condition of eligibility, an applicant shall apply for at least three positions of unsubsidized employment each week, unless the applicant establishes good cause for failure to comply. An applicant shall continue to apply for unsubsidized employment until paid employment of at least twenty hours per week is secured. The applicant shall verify compliance with these requirements in the manner and form prescribed by the department.(4) If the initial job search period concludes without the applicant or recipient obtaining full-time employment or employment for an average of at least twenty hours per week, the county assistance office, in consultation with the applicant or recipient, shall assess the additional measures that may be necessary for the applicant or recipient to seek and obtain employment, including the type of work-related activities that will be used to meet the ongoing work-related activity requirement. These measures shall be incorporated into the applicant's or recipient's agreement of mutual responsibility pursuant to section 405.3.(5) An applicant or recipient may fulfill the work-related activity requirement, following the initial job search and consultation with the county assistance office, by participating in any one or a combination of vocational education, general education, English-as-a-second-language study, or job skills training, as necessary, for a maximum of twelve months. For a recipient or applicant who is eighteen years of age or older and less than twenty-two years of age and who has not earned a high school diploma or its equivalent, pursuit of a high school diploma or a certificate of high school equivalency can fulfill the work-related activity requirement for a maximum of twenty-four months.(6) A recipient who has received assistance for twenty-four months, whether those months are consecutive or interrupted, must work, participate in subsidized employment, work experience, on-the-job training, community service or workfare for an average of at least twenty hours per week. Information indicating noncompliance with the minimum twenty-hour per week requirement shall be cause for a review of eligibility.(a.3) An applicant or recipient may be exempt from the requirements of subsection (a.2) if any of the following apply:(1) The applicant or recipient has been assessed by a physician or psychologist as having a verified physical or mental disability which temporarily or permanently precludes the applicant or recipient from any form of employment or work-related activity. The verification of the physical or mental disability shall be established by written documentation in a form prescribed by the department and shall be based on acceptable clinical and laboratory diagnostic techniques, rather than a statement of symptoms by the applicant or recipient. The department may also require the applicant or recipient to submit to an independent examination as a condition of receiving assistance. An applicant or recipient with a verified physical or mental disability that is temporary in nature must pursue appropriate treatment as a condition of receiving assistance.(2) The applicant or recipient is a specified relative caring for a child who is under six years of age and for whom alternate child care arrangements are unavailable.(3) The applicant or recipient is under eighteen years of age. An applicant or recipient under this clause shall be required to pursue a high school diploma or a certificate of high school equivalency.(a.4) An applicant or recipient who is exempt under subsection (a.3) shall be required to comply with subsection (a.2) as follows: (1) An applicant or recipient who is exempt under subsection (a.3)(1) shall be required to comply with subsection (a.2) when the condition which caused the person to be unable to be employed ceases as follows:(i) If the condition ceases during the first twenty-two months that the recipient receives cash assistance, whether those months are consecutive or interrupted, the recipient shall be required to comply with subsection (a.2) immediately.(ii) If the condition ceases after the recipient has received cash assistance for twenty-two months or more, whether those months are consecutive or interrupted, the recipient shall be required to comply with subsection (a.2) within eight weeks.(2) An applicant or recipient who is exempt under subsection (a.3)(2) shall be required to comply with subsection (a.2) as soon as alternate child care arrangements are available.(3) Upon attaining eighteen years of age, the recipient who is exempt under subsection (a.3)(3) shall be required to comply with subsection (a.2).(b) Any applicant or recipient exempted from subsection (a.2) may participate in employment and work-related activities.(c) No applicant or recipient subject to the requirements of subsection (a.2) shall refuse to accept a bona fide offer of employment or training. In order to be a bona fide offer of employment, there must be reasonable assurances that:
(1) Appropriate standards for the health, safety, minimum wage and other conditions applicable to the performance of work and training in the employment are established and will be maintained.(2) The offer of employment will not result in any displacement of employed workers.(3) With respect to such employment, the conditions of work, training, education, and employment are reasonable in the light of such factors as the type of work, geographical region, and a proficiency of the participant.(4) The employment is not available due to labor dispute, strike or lock-out.(d) Any applicant or recipient who wilfully fails to fulfill the obligations pursuant to subsection (a.2) shall be ineligible for cash assistance in accordance with section 432.3.(h) No department or agency of the Commonwealth and no vendor delivering social services funded in whole or in part by contracts with or grants from the Department of Public Welfare shall discriminate in any manner including employment or job placement against any person because that person is or was an applicant for or recipient of assistance. (i) Pursuant to the authorization provided to the states under section 115(d)(1)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( Public Law 104-193, 21 U.S.C. § 862a(d)(1)(A) ), the Commonwealth elects to exempt all individuals domiciled in this Commonwealth from application of section 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. § 862a(a) ). After approval of benefits, the department shall refer all affected individuals for assessment and treatment under the act of April 14, 1972 (P.L. 221, No. 63), known as the "Pennsylvania Drug and Alcohol Abuse Control Act." This subsection shall not be construed to alter or supersede any other provision of this section. Amended by P.L. 668 2012 No. 80, § 4, eff. 7/1/2012.1967, June 13, P.L. 31, § 405.1, added 1976, July 15, P.L. 993, No. 202, § 3, effective in 60 days. Amended 1982, April 8, P.L. 231, No. 75, § 4, imd. effective; 1996, May 16, P.L. 175, No. 35, § 5, effective Oct. 1, 1996; 2003, Dec. 23, P.L. 237, No. 44, § 1, effective Feb. 23, 2004.