(a) Exempt Individuals. - (i) Applicants/recipients who meet the following criteria shall be exempt from the work program requirements:
- (A) A child, excluding a minor parent, who is enrolled in and attending school full-time or who is preschool age;
- (I) If a child under age 16 is not attending school fulltime, the DFS-FO shall work with the parent or caretaker relative to resolve the problem. Failure of the parent or caretaker relative to cooperate in developing and implementing a plan to resolve the problem shall result in reduction or nonpayment of the family's performance payment. The child shall not be mandatory for participation in the work program.
- (B) An adult who is 65 years of age or older; and
- (C) The single custodial parent, excluding a minor parent or a teen parent without a high school diploma or equivalent, who is personally providing care for a child under the age of three (3) months.
- (I) This exemption is only available for 12 months in a lifetime and may be used for more than one (1) child.
- (ii) Exemption Status Change.
- (A) The exempt individual who becomes mandatory shall have a signed IRP and be in compliance with the work requirements on the date the exemption changes.
- (B) Failure of the mandatory family member to meet the performance requirements shall result in reduction or nonpayment of the performance payment.
(b) Registration online or at the DWS. - (i) At each application, recertification, or when her/his work exemption status changes to mandatory, the applicant/recipient shall register for work online or at the DWS.
- (ii) Failure of the applicant/recipient to comply with the work registration requirements as outlined by the work program action center CM, shall result in denial, closure, reduction or nonpayment of the performance payment.
(c) Work program performance requirements. - (i) Mandatory family members shall be advised on the IRCU they shall have a signed IRP and be meeting the work requirements.
- (A) Mandatory family members shall contact the work program action center CM as identified by the Benefit Specialist on the IRP or appointment form. They shall be in an active IRP by the following time frames:
- (I) An IRP shall be completed by Wednesday of the same week if application is made on Monday, Tuesday or Wednesday; or
- (II) An IRP shall be completed by Wednesday of the following week if application is made on Thursday or Friday of the prior week.
- (B) Failure of the mandatory family member to begin meeting the performance requirements shall result in denial, reduction or nonpayment of the performance payment.
- (ii) At the initial meeting, the work program action center CM shall:
- (A) Complete an assessment to determine if the applicant/recipient is:
- (I) Required to do full-time job search;
- (II) Required to undergo appropriate substance abuse treatment;
- (III) Approved for teen parent educational activities;
- (IV) Approved for full-time vocational training;
- (V) Required to follow the treatment plan of a medical professional as an incapacitated individual;
- (VI) Required to follow the treatment plan of a medical professional as an individual caring for an immediate family member;
- (VII) Required to follow a plan to correct circumstances which have contributed to domestic violence; and/or
- (VIII) Approved for employability work experience.
- (B) Develop and implement an IRP.
- (iii) The CM shall do the following when the individual is incapacitated:
- (A) Require the applicant/recipient to provide a Statement of Incapacity form completed by her/his medical professional.
- (B) Require the applicant/recipient to follow the medical professional's treatment plan.
- (C) In a temporary incapacity situation:
- (I) Set up the work program case and IRP recognizing the limitations of the medical problem and supporting the medical or mental health professional's prescribed treatment.
- (II) Update the IRP when the applicant/recipient has recovered from the incapacity sufficiently to be making at least minimal effort to become employed, or request a new Statement of Incapacity if the applicant/recipient indicates she/he is not recovered sufficiently to begin work activities.
- (D) The CM will consider referral of the long-term incapacity case to the DVR, when appropriate.
- (I) With DVR participation:
- (1.) Accept the employability plan developed by the DVR counselor. The DVR approved activities shall be considered as work experience activities for the work program.
- (2.) Ensure the IRP progress shall be reviewed at least every three (3) months by staffing the case with the DVR counselor.
- (3.) Resolve differences with the DVR counselor.
- (4.) Notify the Benefit Specialist when the incapacitated applicant/recipient is in noncompliance with the DVR employability plan. Noncompliance shall result in reduction or nonpayment of the family's performance payment for the corresponding performance period.
- (II) Without DVR participation:
- (1.) Require the applicant/recipient to access any available community resources for evaluation.
- (2.) Require the applicant/recipient to follow the treatment plan of the medical professional/mental health professional.
- (3.) Require the applicant/recipient to accept suitable work activities, appropriate life skills training or other appropriate steps leading to self-sufficiency.
- (E) After the incapacity determination has been made utilizing the Statement of Incapacity form, the CM shall place the individual in a work experience recognizing the limitations for the medical problem and supporting the medical professional's prescribed treatment with the goal of achieving the following:
- (III) Participation in job training programs that would reasonably lead to independent living or monetary self-sufficiency.
- (iv) The CM shall do the following if the individual is a caretaker who must stay home to provide care full-time for a totally disabled or incapacitated immediate family member:
- (A) After the incapacity determination has been made for the immediate family member utilizing the Statement of Incapacity, the CM shall place the individual in a work experience recognizing the limitations for the medical problem and supporting the medical or mental health professionals prescribed treatment. The family member must reside with the caretaker because there is no other reasonable alternative; and
- (B) Update the IRP when the incapacitated family member has recovered from the incapacity sufficiently to allow the applicant/recipient to be making at least minimal effort to become employed or request a new Statement of Incapacity if the applicant/recipient indicates the incapacitated family member is not recovered sufficiently to begin work activities.
- (v) The following shall apply when the mandatory applicant/recipient alleges the family is fleeing for personal safety or for the safety of her/his children, has been victimized by being battered or subjected to extreme cruelty because of domestic violence, or is at risk of further being battered or subjected to extreme cruelty because of domestic violence on the IRCU:
- (A) The CM shall require a statement from law enforcement or a domestic violence agency, or both, verifying the situation;
- (B) For applicants/recipients who have not exhausted their five (5) year benefit limit:
- (I) Work requirements may be waived for up to one (1) year through postponement, without reevaluation if participation in work activities would endanger the health or safety of the family;
- (II) The waiver of the work requirements shall be limited to one (1) year unless reevaluation occurs each six (6) months after the first year; and
- (III) The waiver of the work requirements shall be limited to two (2) years unless:
- (1.) Reevaluation occurs each six (6) months after the first year; and
- (2.) The applicant/recipient is cooperating in the development and implementation of a safety plan which shall be shared with DFS.
- (C) For the applicants/recipients who have exhausted their five (5) year benefit limit, the waiver of the work requirements under this section may be waived for an applicant/recipient only if participation in work activities would endanger the health or safety of the family. The waiver shall only occur when:
- (I) The applicant/recipient's circumstances are reevaluated at six (6) months intervals; and
- (II) After one (1) year, the applicant/recipient is cooperating in the development and implementation of a safety plan which shall be shared with DFS.
- (vi) The CM shall:
- (A) Ensure the IRP provides progress toward employment and increases the responsibility and amount of work the applicant/recipient is to handle over time;
- (B) Complete an assessment at the beginning of the case life cycle to determine the most meaningful and appropriate work activity for the applicant/recipient at that time; and
- (C) Ensure the applicant/recipient's employment goal is specific, includes a target date and is realistic.
(d) Participation requirements. - (i) The CM shall start with full-time participation.
- (ii) Class or lab hours shall be as follows:
- (A) Applicants/recipients in approved vocational or job skills training shall be considered to be participating only during class hours, including lab time if listed on the applicant/recipient's class schedule.
- (B) During summer break, applicants/recipients shall be considered participating in an educational or training activity if enrolled full-time.
- (C) Home schooling shall not count as a work activity for a parent as a teacher.
- (I) Home schooling shall count for the mandatory child if she/he is in a full-time program approved by the local school district, and the child's progress toward a high school diploma or equivalent shall be documented each midterm and end of term.
- (iii) Self-employment hours shall be determined by taking gross income minus business expenses to determine net income and then net income is divided by the federal minimum wage.
- (iv) Each applicant/recipient shall actively perform during the hours established in the IRP and immediately report to the CM any anticipated deviation from the plan.
- (v) The CM shall report noncompliance with the work activity requirements to the Benefit Specialist immediately, but no later than the 15th of the month or the first working day after the 14th of the month.
- (vi) The case shall be denied, closed, reduced or placed in nonpayment status when the mandatory applicant/recipient has failed to comply with the work program requirements.
- (vii) Assignment to work activities shall:
- (A) Be consistent with policy requirements and limitations;
- (B) Lead to unsubsidized employment or self-sufficiency through accessing other resources; and
- (C) Meet the federal participation requirements.
- (viii) The following work activities meet the federal participation requirements:
- (A) Unsubsidized employment;
- (B) Subsidized employment in the private or public sector;
- (C) Work experience:
- (I) Work experience is unsalaried job training;
- (II) The training shall include skills which are transferable to the work place and afford the participant the opportunity to develop basic work habits, practice skills, acquire on-the-job experience or demonstrate skills to a prospective employer.
- (III) Work experience may also include:
- (1.) Achieving upward mobility;
- (4.) Life-long learning; and
- (E) Job search which includes:
- (I) Developing job seeking skills;
- (II) Receiving information and counseling concerning job availability and job search;
- (III) Participating in job club;
- (IV) Completing job applications;
- (V) Setting up and participating in job interviews;
- (VI) Developing job retention skills; and
- (VII) Accepting employment.
- (F) Job readiness which includes:
- (III) Becoming familiar with general work place expectations;
- (IV) Exhibiting work behavior and attitudes necessary to compete successfully in the labor market; and
- (V) Preparing for self-sufficiency.
- (G) Vocational educational training which shall:
- (I) Be directly related to the preparation of individuals for employment in a nonprofessional career or to upgrade skills for a nonprofessional career;
- (II) Only be approved if it is the first training program for the applicant/recipient unless she/he is upgrading skills to obtain or maintain certification or employment;
- (III) Be targeted to a specific job;
- (IV) Be completed within 12 months and the applicant/recipient shall maintain full-time enrollment and a "C" cumulative grade point average; and
- (V) Be limited to the number of approved applicants/recipients allowed by federal requirements.
- (H) High school or GED for teen parents meeting satisfactory school attendance:
- (I) Maintaining continuous enrollment;
- (II) Maintaining at least a "C" cumulative grade point average; and
- (III) Completing the requirements within six (6) months or graduating with his/her graduation class.
(e) Failure to comply. - (i) Failure to comply occurs when the mandatory applicant/recipient fails to:
- (A) Contact the CM within the time frame established by the Benefit Specialist on the IRP or appointment form;
- (B) Keep the initial and all other scheduled appointments;
- (C) Follow through with any items specified on the IRP; and
- (D) Accept and maintain suitable employment.
- (ii) A failure to comply notice shall be sent immediately to the noncomplying applicant/recipient and shall:
- (A) Explain the specific reason for the failure to comply;
- (B) Indicate the effective date of the action;
- (C) Explain what needs to occur for the applicant/recipient to come back into compliance; and
- (D) Provide applicable legal cites.
- (iii) Good cause for failing to comply.
- (A) The applicant/recipient shall request in writing a good cause determination within the time frame specified in the failure to comply notice.
- (B) Good cause shall be supported with documentation.
- (C) Good cause for failing to meet the work performance requirements shall only be granted for the following reasons:
- (I) The applicant/recipient unable to perform the type of work involved or lacks the basic skills to do the job.
- (II) Employment is reduced or terminated through no fault of the applicant/recipient.
- (III) The applicant/recipient is subjected to intimidation, abuse, exploitation, harassment or unsafe working conditions.
- (IV) The job does not pay applicable federal minimum wage or the prevailing wage for like work in the community.
- (V) The applicant/recipient encounters an emergency (involving herself/himself or an immediate family member) that reasonably precludes full cooperation and participation with assigned work activities.
- (VI) The applicant/recipient is a single custodial parent caring for a child under age six (6) who has demonstrated an inability to obtain needed child care under one (1) of the following reasons:
- (1.) Appropriate child care;
- (2.) Reasonable distance; or
- (3.) Affordable child care arrangements.
- (iv) The work program case shall be closed for the following reasons:
- (A) The performance payment ended; or
- (B) The applicant/recipient becomes exempt from the work program requirements.
(f) Work activity expenditures. - (i) Limited work activity expenditures.
- (A) Work activity expenditures shall be only available to applicants/recipients who are assigned to a countable work activity.
- (B) Work activity expenditures which are available on an as needed basis as follows:
- (I) Transportation services, including gas for an applicant/recipient's own vehicle or transportation by another person, taxi or bus.
- (II) Union dues or professional licensing fees.
- (III) Clothing, personal grooming, uniforms, and interview assistance.
- (IV) Interviewing assistance (transportation and per diem) can be provided to an applicant/recipient to enable her/him to accept a bona fide appointment for a job interview in a city outside of the city they reside in.
- (V) Vehicle insurance, licensing or repair for a vehicle which is owned by the applicant/recipient who has a valid driver's license.
- (VII) Relocation assistance.
- (1.) Financial assistance can be provided to an applicant/recipient to move to another location or city to accept a job opportunity that does not exist in her/his current location or city.
- (2.) Relocation assistance (transportation, per diem, rental of moving van or trailer) shall be allowed one-time only for one-way relocation to the nearest location where the job opportunity will be available and does not include shelter or utility deposits.
- (3.) The employment shall be verified.
- (VIII) Assessment expenditures.
- (IX) Educational or training expenditures such as:
- (1.) High School equivalency tests;
- (2.) Tuition, books and other educational supplies; and
- (3.) Tutoring for minor parents or teenagers only.
- (ii) The applicant/recipient shall:
- (A) Make a written request for assistance with an expenditure necessary to become employed and include the date she/he plans to be employed.
- (B) Document the work activity expenditure need by:
- (I) Showing how the assistance is a requirement for complying with the IRP or will be essential to becoming employed within the next 12 months.
- (II) Providing estimates as required by the CM showing she/he has taken the responsibility to find the best price and quality.
- (III) Providing supporting or related information (i.e. driver's license, insurance, tags) as required by the CM.
- (C) Take responsibility for the expenditure by accessing other resources that might be available.
- (D) Execute the requirements of the IRP.
- (iii) The CM shall:
- (A) Assure the expenditure will not result in an illegal action.
- (B) Inform the applicant/recipient of repayment or recoupment if she/he:
- (I) Fails to comply with the IRP; or
- (II) Fails to provide correct information in order to obtain the work activity expenditure.
- (C) Send a notice which includes all legal cites, the decision, and the basis for an adverse decision on the work activity expenditure request.
(g) Child support court ordered obligor cases. - (i) The CM shall assure a court ordered child support obligor is a parent who:
- (A) Has been ordered by the court to participate in POWER; and
- (B) Is unemployed and able-bodied.
- (ii) See Section 7(c) of these rules.
- (iii) The child support court ordered obligor shall comply with the court order and:
- (A) Have an initial meeting with the work program action center CM within the time frame established in the court order;
- (B) Complete, sign and date a manual IRP; and
- (C) Follow all requirements outlined on the IRP.
- (iv) The CM shall:
- (A) Provide the court with a status report each month if the obligor is cooperating or advise the court and the Child Support Office when it is determined the obligor is not cooperating.
- (B) Terminate the work program case when the court ordered obligor has become employed or in non-compliance.