EPP 18504-135 Referrals for TANF Individuals Participating in Self-Initiated Vocational Education
EPP 18398-135 Indicator Tracking Code 74 for High School Students
To become self-sufficient, an individual must seek and accept employment. An individual must accept referrals to employment, seek and accept any bona fide offer of employment, maintain employment and participate in employment activities specified on the AMR. The federal government defines the types of activities that count toward the Work Participation Rate (WPR). There are two types of activities; core activities and non-core activities.
55 Pa. Code § 165.31(a)(1) & (2)
Core activities are required for all individuals who are mandatory to participate in RESET.
Non-core activities are available if additional hours are needed to meet the minimum work requirement after the required core activity hours are met or when all opportunities to participate in a countable core activity have been exhausted or are not available.
Individuals, who are mandatory to participate, must engage in non-core or other activities listed on the AMR, even when no core activity is available. This includes accepting referrals from the CAO to companies that may be hiring and conducting an independent job search from home.
Activity Code 28 (AC 28) identifies the activity of on-going job search and job search preparation training when AC 42 and AC 44 have been exhausted.
If a core activity is available, the individual will be enrolled in that core activity before utilizing AC 28.
The CAO must narrate when all opportunities to participate in a countable core activity have been exhausted or are not available.
An individual can participate in more than one core activity to meet the minimum work requirement. Once the required number of core hours is met, an individual may choose to participate in any core or non-core activity.
Example: Jane is required to participate for a minimum of 30 hours weekly in work activities. At least 20 of the 30 hours must be in a core activities.
Jane is working at the movie theater for 10 hours per week and she is participating in community service for 10 hours per week. As these are both core activities, Jane is participating for 20 of her 30 weekly hours in core activities, as required.
To meet or exceed her required 30 weekly hours, Jane may participate in any core or non-core activity for the remaining 10 hours.
For example, Jane could:
Increase the hours in her current activities by at least 10 hours weekly;
Participate in an additional core activity for at least 10 hours weekly; or
Participate in a non-core activity for at least 10 hours weekly.
Core Activities
Unsubsidized Employment (AC 33)
Full or part-time employment. This includes self-employment.
Subsidized Public or Private Sector Employment (AC 23)
Full or part-time employment in which the employer receives a time limited wage subsidy paid by the E & T contractor. The amount of the subsidy is negotiated by the E & T contractor and the employer.
This includes Paid Work Experience (PWE). (AC 26)
NOTE: Work study is counted as subsidized employment.(AC 31)
On-the-Job Training (OJT) (AC 22)
Full or part-time employment that combines a period of subsidized employment with training.
Job Search and Job Readiness Assistance
CAO-directed (AC 44)
Contractor-directed (AC 42)
Activity of seeking employment combined with instruction for finding, accepting and keeping employment. Consists of workshops and time the individual spends looking for employment on their own including registering with CareerLink, attending workshops, job fairs and computer labs.
Substance abuse treatment, mental health treatment, and other rehabilitative treatments are included with job search and job readiness when the necessity of treatment is documented by a qualified medical, substance abuse, or mental health professional. (AC 49)
NOTE: This does not include individuals participating in physical health rehabilitative activities.
There is a combined time limit of 12 weeks in a rolling 12-month period for participation in job search/job readiness and rehabilitative service activities to count as a core activity for TANF recipients in Pennsylvania.
Guidance from the Administration of Children and Families indicates that the amount of time spent in job search or rehabilitative activities that count toward the 12-week limit can be calculated using actual hours engaged in the activity rather than in weeks. Participation for one or several hours per week does not constitute a full week.
For example: Sally, a single custodial parent of a two-year old child, participates in mental health treatment for five hours a week. Four weeks of the mental health treatment (4 weeks x 5 hours/week = 20 hours) would use only one week of her 12-week time limit for the 12-month time period.
One week of job search is defined as:
20 hours for a single parent with a child less than six years of age. (for a total of 240 hours for the 12-week limit in a 12-month time frame)
30 hours for other individuals who have a 30 hour per week requirement (for a total of 360 hours for the 12-week limit in a 12-month time frame)
To determine the 12-month period, begin with the activity start date and count the number of hours used during the previous 12 months. As this is a rolling 12 months, the 12-month period changes as the months proceed.
There must be a break of one week (seven consecutive days) after four consecutive calendar weeks of job search activities regardless of the number of hours the client participates during those four weeks. The individual must engage in a different core activity during the one week break. The individual may continue participation in this new activity and is not required to immediately return to job search.
If an individual chooses to continue in job search activities during the one-week break, participation hours from that week must be excluded when adding the number of hours used toward the 12-week limit. After the one-week break concludes, the CAO may resume counting job search activities as a core activity for up to another four consecutive calendar weeks followed by a one-week break, until the 12-week time limit is exhausted.
Community Service (AC 20)
Unpaid work for the federal, state or local government, or a non-profit organization to increase skills and attain an employment history including AmeriCorp Vista Volunteer Community Service. For information on calculating allowable Community Service hours, see Section 135.213
Vocational Educational Training (AC 14,16, 24)
Specific training provided by a contracted employment and training vendor, accredited educational provider or accredited Internet- based educational institution intended to prepare an individual for a specific occupation. For information on time limits, see Section 135.212.
Providing Child Care for an Individual in Community Service (AC 6)
Caring for the child(ren) of another TANF individual, without payment, while the TANF individual is participating in community service. Individuals providing the child care must have child abuse and FBI clearances.
Satisfactory attendance in secondary school or GED Program (AC 18)
Education activity for those up to the age of 22 providing a high school diploma or its equivalent when it is generally required as a minimum requirement in the individual’s anticipated field of employment.
Paid Work Experience (AC 26)
Paid work for a unit of federal, state or local government or non-profit organization in order to increase skills and attain a work history. Work Experience is limited to 12 months in an individual’s lifetime. The E&T contractor pays a minimum wage up to a maximum of 20 hours/week.
Subsidized public sector employment and PWE are generally limited to 12 months, but may extend beyond 12 months for individuals who for example:
Have a disability protected under the provisions of the ADA
The ADA requires accommodations for persons with disabilities in certain circumstances. A person who is not exempt from work participation requirements and who is protected by the ADA may receive additional time to complete the activity.
Withdrew from the activity for good cause, as in the case of an unforeseen incident, accident or injury.
Individuals with good cause for non-participation will be permitted to re-enroll. This could include a new job placement or another PWE assignment, if appropriate in the particular case, to ensure that the individual gets the full benefit of the program or if a shorter-term placement is not available.
Non-Core Activities
Job skills training directly related to employment (AC 38)
Formal training specifically designed to improve an individual’s skill on the job.
Education directly related to employment (AC 35)
Supplementary educational activity specifically designed to improve an individual’s employability.
English as a second language (ESL) (AC 11)
Education activity specifically designed to improve an individual’s proficiency in English or increase literacy to levels consistent with employment goals.
Literacy and Adult Basic Education (ABE) may be embedded in a work activity.
On-going job search and job search preparation training (AC 28)-
Identifies the activity of job search and job preparation training when AC 42 and AC 44 have been exhausted and no other core activity is available.
ESA-17263-135 SPALs Beyond 12 Months Voc-Ed Time (linked August 7, 2014)
Family composition determines the hourly requirement for an individual who is mandatory to participate in RESET. An individual who is mandatory to participate in RESET must begin participation in an approved employment and training activity as soon as possible, but no later than seven (7) calendar days from the Agreement of Mutual Responsibility (AMR) interview. The following is a summary of the required hours of participation. A Participation Requirements Desk Guide is also available in the Desk Guides section of the OIM Homepage.
A Single Parent
With a child under age six must participate in core activities for a minimum of 20 hours per week.
With all children age six or older must participate for a minimum of 30 hours per week. At least 20 hours must be in core activities.
Who is pregnant but, has no other children is required to participate for a minimum of 30 hours per week. At least 20 hours must be in core activities.
Who is the head of household under age 22 is meeting the participation requirements, regardless of the children’s ages, when:
Maintaining satisfactory attendance at a secondary school or an approved GED program; or
Participating in education or training directly related to employment for an average of 20 hours per week.
A Two-Parent Family
Who gets federally-funded childcare must participate for a minimum of 55 hours per week. At least 50 hours must be in core activities.
1. One parent must participate in core activities for at least 30 hours per week.
2. Either parent may participate in the remaining core and non-core activity hours.
3. If one parent is sanctioned (DS), disqualified (DF) or not eligible (NS), the other parent must participate for a minimum of 55 hours per week. At least 50 hours must be in core activities.
Who does not get federally-funded childcare must participate for a minimum of 35 hours per week. One parent must participate in core activities for at least 30 hours per week. Either parent may participate in the remaining core and non-core activity hours.
Who has one parent with a verified disability, the other parent must participate for 30 hours, 20 hours in core activities and child care does not affect the number of required participation hours.
Who has both parents under age 22, meets the participation requirements, regardless of the children’s ages, when both parents are:
Maintaining satisfactory attendance at a secondary school or an approved GED program; or
Participating in education or training directly related to employment for an average of 20 hours per week.
NOTE: In a family where one parent receives TANF and the other parent is not legally responsible for any TANF recipients, the parent receiving TANF must meet the single parent participation requirement based on the age of the TANF child.
Example: A household consists of two unmarried parents. The mother is receiving TANF with her 9 year old child. Her boyfriend and their common child are not receiving TANF. She is required to participate for 30 hours per week with at least 20 hours in a core activity.
The case worker and the individual determine the appropriate activity and create the Agreement of Mutual Responsibility (AMR) that details the hourly requirements once the required hours of participation are determined. See Chapter 107.
Employed individuals who are working fewer than the required number of hours are required to participate with a contracted program to:
Increase hours from the current employment;
Seek other or additional employment; or
Increase participation in another core activity.
These individuals should be referred to the EARN provider. See Section 135.11.
If eligible for supportive services, an individual may receive a special allowance for the supportive services if required to enable participation in employment, education or job skills training. This may include payment for child care. See Section 135.6..
Participants who do not meet the criteria for a CAO-directed activity are referred to a contracted E&T program as long as they have not exceeded their contractor enrollment limits.
Available contracted programs include:
Employment Advancement and Retention Network (EARN) (see Appendix D)
Keystone Education Yields Success (KEYS) (see Appendix F)
Work Ready (WR) (see Appendix C)
Maximizing Participation Project (MPP) (see Appendix H)
Vocational Educational Training is, “organized educational programs that are directly related to the preparation of individuals for employment in current or emerging occupations requiring training other than an advanced degree.” Vocational educational training is considered a countable core work activity and is limited to 12 months in a lifetime.
NOTE: TANF clients who meet their hourly core RESET requirement in another approved activity may continue to receive SPALs to support their education activity after the 12-month limit is exhausted.
The CAO may approve an individual’s plan on an AMR to enroll in vocational education, including postsecondary education if the individual has received less than 60 months (1830 days) of TANF. The AMR must include the begin and end dates of the approved education activity and identify the total number of months used. The AMR must also clearly state no SPALs to support education (including child-care) will be issued after the 12 months have been exhausted, unless participation in another core activity is maintained in compliance with TANF RESET requirements.
Vocational educational training and postsecondary education may only be counted in the Work Participation Rate (WPR) for 12 months in a lifetime. Any amount of education time used in a month counts as one month used.
When a TANF student is meeting their participation hours in another core activity, the educational time does not need to be counted against their 12-month voc-ed limit. The educational activity in this instance should be coded Activity 38 on the ETP Project Enrollment screen.
Inform an individual who is choosing a vocational education program which is expected to last more than 12 months that he or she is expected to participate for 20 hours in another core activity in addition to the education activity hours when the 12-month time limit has been reached. Individuals may continue to pursue the vocational education activity, but it will be counted as a non-core activity (AC 38).
ETANF recipients who self-initiated into an educational activity prior to reaching 1830 days may continue in that activity until the end of their current term or semester. After students have completed the term or semester, they may continue to participate in the education, but must also participate for 30 hours in another approved core activity. The education activity is then coded AC 38.
NOTE: The CAO may not approve education plans for individuals once they reach 1830 days of TANF.
Verification of participation is required. The student will have the Employment and Training Activity Weekly Verification Form signed by the instructor or other college personnel such as ACT 101 program staff, on each day of class participation to verify their program activity hours. This sheet should be submitted to the CAO weekly.
Verification of weekly participation is due to the CAO as outlined in the AMR. Due dates should be noted on all participant attendance forms, the AMR and in the narrative.
When an individual does not provide the verification form, the CAO will schedule a compliance review appointment to secure verification of participation in the self-initiated vocational education/training activity.
The CAO will continue to follow the compliance review process when:
the individual has not provided the required attendance verification or the form verifies the individual is not participating in the self-initiated activity for the required number of hours
the CAO has information that the individual is no longer attending the educational/training activity
the contractor terminates the enrollment from the activity
If the individual responds to the compliance review, determine the appropriate next step based on the discussion with the individual. If the interview and case review reveals no good cause for the non-compliance, begin the sanction process.
NOTE: SNAP-only recipients are limited to 12 months of participation in postsecondary education in a lifetime.
Vocational educational training includes:
Attendance at a school offering a certificate or non-transferable associate’s degree designed to give the participant skills and knowledge necessary to perform the duties of a specific job or occupation.
Upgrades of an individual’s job-related skills including instructional certificate programs that are awarded based upon completion or accumulated credits.
Postsecondary education includes:
Attendance at a community college program that offers an associate’s degree program intended to prepare the participant for a specific occupation.
EPP-16573-135 Is KEYS a time limited project for TANF clients? (linked March 11, 2013)
NOTE: All TANF applicants or recipients who self-initiate into one of Pennsylvania’s 14 community colleges are required to be referred to KEYS if available.
EPP-17241-135 Appropriate KEYS Referrals (linked July 30, 2014)
Attendance at a four year college which offers an associate’s degree intended to prepare the participant for a specific occupation if a community college is not located within a reasonable distance.
Attendance at a four year college which offers a Baccalaureate degree intended to prepare the participant for a specific occupation.
Non specific degree programs like liberal arts and graduate degree programs cannot be approved on the AMR.
Individuals participating in an educational activity can meet the core participation hours for up to 12 months through a combination of course and study time hours.
If the individual does not meet the core participation hours the individual must participate in additional core activities. For a list of core activities see section 135.2.
During breaks that occur between semesters the student’s work participation requirement must continue to be met. Students who do not enroll in classes during the summer session must meet their hours of participation in other core work activities.
Defining Study Time Hours
Study time is the time that a student spends preparing for or completing course work assignments. Allow one hour of unsupervised study time for one hour of class time. Study time that is documented and monitored by the employment and training contractor or accredited educational provider can also be counted. Total study time hours may not exceed the number of study time hours expected for the course as determined by the school. Count the combination of monitored and unmonitored study time toward participation hours.
Example: Jane attends community college and participates in KEYS. She is enrolled in 4 classes and has 12 hours of class time scheduled weekly.
Jane is eligible for 12 hours of unsupervised study time per week. Jane also meets with a tutor at her KEYS facilitator’s office 2 hours weekly for supervised study time.
The 12 hours of unsupervised and 2 hours of supervised study time equal 14 hours of countable study time; however, the institution Jane attends has determined that 2 hours of study time weekly per class is expected.
The maximum study time for which Jane can be credited is 8 hours weekly.
Distance Learning Programs
DISTANCE LEARNING by an accredited school including accredited Internet-based education programs counts toward participation as Vocational Educational Training WHEN:
The individual has limited or no access to vocational educational training or a specific skill course of study. This may include accommodations for individuals with disabilities and parents caring for a family member with disabilities.
An employment and training contractor provides Internet access to on-line courses.
Course software can document accessing on-line courses from home and class participation hours.
NOTE: When the CAO determines distance learning is the most beneficial and practical means to meet required hours of participation an exception may be granted. Permission must be obtained from the Bureau of Policy, Division of Employment and Training Policy (717-787-1302).
Participation in Distance Learning Programs is limited to 12 months.
Second Training
The CAO will not approve a second training for individuals receiving TANF or SNAP-only benefits who:
Want to pursue an occupation not listed on the Labor and Industry's High Priority Occupations List, or
Have completed all course work associated with a particular occupational skills program; AND
Live in an area where jobs are available in the profession in which they received the training or certificate.
The citation for denying a second training is 55 PA Code 165.31(d) (1-6).
Exceptions to this requirement can be granted when:
An individual is unable to become employed in that occupation due to changes in physical or mental status.
An individual has a conviction record that prohibits employment in that field.
Changes in the labor market make it unlikely that employment can be found in that occupation.
If the second training is a continuation of the same field, i.e. CNA to LPN, and will lead to employment.
NOTE: Before these exceptions can be granted, permission must be obtained from the Bureau of Policy, Division of Employment and Training Policy. (717- 787-1302)
Excluded from this policy are individuals who receive certification of a skill through a short-term skills credentialing program, such as the Work Certified Program or Worldwide Interactive Network (WIN) for WorkKeys, that is closely linked to job search training activity.
Calculating the Number of Hours for Self-Employment
Self-employment is considered unsubsidized employment. This is a core activity. See Cash Assistance Handbook Chapter 152, Self Employment Income.
To calculate the hours of self employment:
1. Use the gross earned income
2. Subtract allowable business expenses
3. Divide the number by the Federal minimum wage
The resulting number will count towards meeting the work requirements. Round to the nearest whole hour when the result is a fraction of an hour. If the fraction is less than .5 hour, round down. Round up to the next whole hour if the fraction is .5 or above.
Example: Jane applies for TANF for herself and 2 children, ages 3 and 5. She has a work requirement of 20 hours per week. She is a self-employed artist. She provides the CAO with her most recent tax return indicating gross earnings of $7,540 after deducting allowable business expenses.
1. $7,540 divided by $7.25 equals 1,040 hours of annual participation.
2. This result divided by 52 weeks is 20 hours per week.
3. The case worker records Jane’s hours of participation as 20 hours per week in eCIS on the Employment and Wages screen.
Calculating the Number of Hours for Community Service
The CAO will indicate on the AMR the number of allowable hours in accordance with the Fair Labor Standards Act (FLSA) calculation. The FLSA calculation takes into consideration the cash assistance grant along with Supplemental Nutrition Assistance Program (SNAP) benefits in addition to other applicable deductions and adjustments.
Individuals cannot be permitted to participate for more community service hours than the determined amount indicated on the AMR. Only the CAO is permitted to perform this calculation.
The Fair Labor Standards Act (FLSA) limits the number of hours an individual may participate in community service. To determine the maximum number of hours an individual may participate for the purpose of counting toward the work requirement, use the following calculation:
1. Determine which monthly benefits will be used:
TANF ONLY household - use only the monthly cash assistance grant
TANF/SNAP household - add the monthly cash assistance grant to the monthly SNAP grant.
2. Subtract any child support paid to DPW on behalf of a child in the budget group, including the child support pass-through up to the maximum allowed.
3. Divide the result by the current minimum wage( this can be the state minimum wage or the federal minimum wage whichever is greater) to determine the number of hours an individual may participate in community service during the entire month; then
4. Divide the monthly figure by 4.0 to determine the number of weekly hours an individual may participate in community service. When the calculation results in a fraction of an hour, round the result down to the nearest whole hour.
Additional earned or unearned income is already adjusted to the cash grant so it is not used to calculate the hours of community service.
If an individual is issued a special allowance, do not include the amount of the allowance when calculating the maximum allowable community service hours.
Example: Ms. M and her children receive a monthly cash assistance grant only of $403 per month. The calculation is:
|
Total monthly cash assistance grant |
$403 |
|
Divided by state minimum wage |
÷ $7.25 |
|
Maximum hours per month |
=55 |
|
Divided by |
÷ 4.0 |
|
Maximum hours per week |
=(13.75) 13 |
Example: Mr. H and his 10-year-old son receive a cash assistance grant of $316 per month. The monthly SNAP grant is $298. The calculation is:
|
Total monthly cash assistance and SNAP grants |
$614 |
|
Divided by state minimum wage |
÷ $7.25 |
|
Maximum hours per month |
=84 |
|
Divided by |
÷ 4.0 |
|
Maximum hours per week |
=21 |
Example: Ms. D and her children receive a monthly cash assistance grant of $497 per month. The monthly SNAP grant is $542. Child support in the amount of $350, including the support pass through is collected by DPW monthly. The calculation is :
|
Total monthly cash assistance and SNAP grants |
$1039 |
|
Minus child support |
-$350 |
|
Net monthly cash assistance grant |
=$689 |
|
Divided by state minimum wage |
÷$7.25 |
|
Maximum hours per month |
=95 |
|
Divided by |
÷4.0 |
|
Maximum hours per week |
=(23.75) 23 |
OPS-14-03-02 Deeming Hours for Community Service (linked March 19, 2014)
NOTE: Deeming does not apply to SNAP-only participants.
Single-Parent
Example #1: In a single-parent household, regardless of the age of the youngest child, the parent can deem their community service hours to equal 20 hours per week. Therefore, if the parent has an FLSA maximum of 14 hours of community service per week, and participate for all 14 hours in any given week, the participant is deemed to have met their core participation requirement and 20 hours is entered into eCIS.
Two-Parent Family
Example #1: In a two-parent household which does not receive federally-funded child care, the two-parent family can deem their community service hours to equal 30 hours per week. Therefore, if that two-parent household has an FLSA maximum of 28 hours of community service per week, and one parent participates in at least 28 hours in a given week, they are deemed to have met their core participation requirement and 30 hours is entered in eCIS.
Individuals engaged in unpaid work activities, including community service, may get participation credit for excused absences. An individual may get excused absence credit for up to 80 hours in the preceding 12-month period, but no more than 16 hours per month. This does not include the 10 countable holidays.
Individuals can be excused from participation for:
Medical appointments for the individual or dependents;
CAO appointments;
WIC appointments;
Legal appointments;
School appointments including school events;
Counseling appointments;
Housing appointments;
Obtaining child care;
Obtaining birth certificates;
Obtaining documents needed for eligibility for DPW programs;
Obtaining transportation; and
Other appointments as deemed necessary by the Department or its contractor in order to keep the individual in the program.
NOTE: To count an excused absence as actual hours of participation, the individual must have been scheduled to participate in a countable work activity for the period of the absence.
If the activity is closed on holidays observed by the Department, individuals will get participation credit based on the number of hours they would have attended an employment and training activity.
Holidays observed by the Department include New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.
NOTE: Individuals who are participating in paid work activities must continue to participate in that activity as scheduled by the employer.
Reissued May 25, 2017 , Replacing March 30, 2017