1349 Work Requirements | TANF
Georgia Division of Family and Children Services |
||||
Policy Title: |
Work Requirements |
|||
Effective Date: |
October 2024 |
|||
Chapter: |
1300 |
Policy Number: |
1349 |
|
Previous Policy Number(s): |
MT 73 |
Updated or Reviewed in MT: |
MT-78 |
Requirements
Recipients of cash assistance have a work requirement and must participate in the employment services component of the TANF program.
Basic Considerations
Every parent, pregnant woman, and grantee relative that is considered work eligible has a work requirement including the following:
-
A non-parent relative or a legal guardian who is receiving assistance for themselves
-
A non-recipient parent who lives with a child who receives TANF
-
A pregnant minor or minor parent who is receiving assistance as head of the household.
Refer to the Definition of Non-recipient Work Eligible Individuals in this section for further information on a non-recipient parent.
Work Eligible Individuals
A Work Eligible Individual (WEI) is:
-
an adult (or minor child head-of-household) receiving assistance under TANF or a Separate State Program (SSP); or
-
a non-recipient parent living with his/her dependent children in the same household and receiving cash assistance.
Both able-bodied parents in a two-parent AU are considered work eligible and have a work requirement.
Exceptions to Work Eligibility
If the parent or grantee relative meets one of the following exceptions, they are not considered work eligible.
-
a minor parent who is not the head-of-household,
-
a non-citizen who is ineligible to receive assistance due to his or her immigration status
-
a parent providing care for a disabled family member living in the home and for whom the need for such assistance is supported by medical documentation(s)
-
a parent who receives Supplemental Security Income (SSI)
-
a parent who is a recipient of Social Security Disability (formerly known as RSDI) benefits. Refer to Section 1004 Americans with Disabilities Act (ADA) and Section 504 for a definition of disability.
Verification of medical documentation for a parent providing care for a disabled family member living in the home must be requested at application, renewal, or when the medical verification expires |
Definition of Non-recipient Work Eligible Individuals
A non-recipient Work Eligible individual is a person who lives in the same household with his/her dependent children or is a pregnant individual with no minor dependent children and is not eligible to receive TANF cash assistance for themselves. Non-recipient individuals include:
-
a disqualified parent, pregnant woman, or pregnant minor
-
a penalized parent, pregnant woman, or pregnant minor
-
a parent, pregnant woman, or pregnant minor who is excluded due to the receipt of Title IV-E Foster Care, Child Welfare Foster Care (Title IV-B), or Relative Care Subsidy income
The definition excludes non-recipient, non-custodial parents, and non-recipient caretaker relatives. Refer to Section 1205 Assistance Units, Penalized and Disqualified Individuals. |
Refer to section 1665 Budgeting the Income of a Disqualified Individual, and section 1505 Resources, for budgeting the income and resources of a disqualified parent.
Refer to section 1670 Budgeting the Income of a Penalized Individual, and section 1505 Resources, for budgeting the income and resources of a penalized parent.
Exemption
An exemption is available to a work eligible single custodial parent of a child under 12 months old for a maximum of three-months per child and for a total maximum of 12 months per AU. The total work activity exemption period for the single custodial parent cannot exceed 12 months during the 48-months lifetime limit.
If the client has received the three-month exemption for four children, the AU is not eligible for another exemption.
Once the parent receives up to three-months of work exemption for a particular child, the parent is ineligible for future work exemptions for this child. If the parent has another child that is under 12 months of age, the parent may receive another exemption for up to three months.
In the case of multiple births, the incident is still considered one “birth”, and the single custodial parent is entitled to only one exemption for this time period. |
The exemption from work requirements is available to the single custodial parent only during the first 48 months of eligibility. There is no exemption from work requirements during an extension period.
The child does not have to be included in the AU but must live in the home. The following are not eligible for an exemption:
-
When both parents of the child are in the home, neither parent is eligible for an exemption.
-
A single custodial parent less than 20 years of age who has not completed high school or its equivalent cannot receive this exemption.
A single custodial parent less than 20 years of age must participate in an educational activity or an alternate training activity as soon as it is deemed medically feasible following the birth of the child, but no later than when the child has reached 12 weeks of age.
If the work exemption was used for a child prior to April 2006, the client is not eligible for a work exemption for additional children.
The case manager will schedule an appointment to discuss work activity participation for the parent during the last month of exemption. At this time, the parent and the case manager will develop the TANF Family Service Plan-Work Plan, which will be effective the following month.
A parent who qualifies for this three-month exemption can choose to volunteer to participate in work activities and reserve the exemption for future use. If the parent volunteers to participate, the parent can receive all work supports as needed. Special care should be taken to address all barriers related to parental responsibilities.
The case manager or other assigned staff should engage the client in extensive conversations regarding his or her level of commitment to work activities and document the findings of this discussion in the case record. The client’s request for support services is subject to the case manager’s approval.
Exemption Period
The first month for which the exemption is allowed is the first month of the three consecutive-month count.
For applicants, the exemption begins the month in which the applicant is determined eligible to receive cash assistance.
For recipients, the exemption begins the month after the agency receives the signed Form 489, TANF Work Requirement Exemption Form, requesting the exemption and ends the third month.
The exemption period may be shortened based on the child’s date of birth and when the exemption period begins.
EXAMPLE: Child’s date of birth is August 15, 2024. If the exemption period began June 1, 2024 it would end July 31, 2024. The exemption period was only for 2 months instead of 3 months due to the child’s date of birth.
Voluntary Participation
Every parent who is eligible for an exemption and who chooses to use the exemption, must complete Form 489, TANF Work Requirement Exemption to reflect his or her choice. If the eligible parent does not wish to use an exemption, the form is not required to be completed.
If the parent chooses to take the exemption, they have the option to end the exemption early to volunteer to participate. Once the exemption is ended, they do not have the option to reinstate it.
Cooperation with Work Requirements
An applicant’s refusal to participate in the development of the TFSP (PRP and/or Work Plan) or to sign it will result in denial of the TANF application.
A recipient’s refusal to participate in the development of the TFSP (PRP and/or Work Plan) or to sign it will result in termination of the active TANF case.
The individual who has a work requirement must meet the requirements stipulated in the TFSP (PRP and/or Work Plan).
Refusal or failure to meet the requirements of the TFSP (PRP and/or Work Plan) without good cause can result in the imposition of a sanction against the entire AU.
Refer to Section 1351 Sanctions, for information on sanctions and good cause.
Voluntarily Quit
A notice of the minimum penalty period must be sent on all voluntary quit or voluntary reduction decisions for an applicant or recipient who voluntarily and without good cause quits a job which involves:
-
30 hours or more per week or weekly earnings equivalent to the federal minimum wage multiplied by 30 hours
And
-
The voluntarily quit is within 30 days of the date of application or anytime thereafter.
Terminating a self-employment enterprise or resigning from a job at the request of the employer shall not be considered voluntary quit. |
If the case remains active, the case manager must enter an alert to contact the AR to determine eligibility at the end of the minimum penalty period.
Penalties for Voluntary Quit
First violation - The AU member is ineligible for a minimum of one month or until compliance of 30 hours or more per week or weekly earnings equivalent to the federal minimum wage multiplied by 30 hours, whichever is later.
Second violation - The AU member is ineligible for a minimum of three months or until compliance of 30 hours or more per week or weekly earnings equivalent to the federal minimum wage multiplied by 30 hours, whichever is later.
Third and subsequent violations – The AU member is ineligible for a minimum of six months or until compliance of 30 hours or more per week or weekly earnings equivalent to the federal minimum wage multiplied by 30 hours, whichever is later.
A determination of good cause is made prior to applying a sanction; contact is made with the AU to determine if good cause exists. Good cause includes circumstances beyond the AUs control such as, but not limited to the following situations:
-
illness, either temporary or permanent,
-
illness of another household member that requires the presence of the mandatory registrant,
-
unavailability of childcare, transportation or other needed services, barriers beyond the AU’s control, a family or personal crisis, including domestic violence, sexual assault, sexual harassment, or stalking.