135.4 Good Cause

An individual mandatory to participate in RESET may be unable to participate for some of the required hours even if the individual is not exempt as listed in Section 135.3.   

 55 Pa. Code § 165.52

An individual who is mandatory to participate in RESET may be granted good cause to not participate for some or all of the required hours. 

 

Good cause can also apply when an individual has not complied with an employment and training requirement because of an unexpected situation beyond the individual’s control. In this circumstance, good cause gives an individual an opportunity to quickly resolve a situation and to begin or resume participation in E&T.  Good Cause codes and review periods can be found in Appendix B.

In cases when the individual’s good cause situation cannot be quickly resolved, the CAO will:

 

135.41 Good Cause Circumstances

Good cause includes, but is not limited to these circumstances:    

55 Pa. Code § 165.52(a)

1. The individual is unable, mentally or physically, to do the work;

2. The working conditions at the job could result in death or serious injury;

3. The wages paid by the employer are below minimum wage or below the wage normally paid in the community for the same type of work;

4. The individual makes a claim of discrimination by an employer or fellow employees;

5. The individual engaged in an education or training activity that was too difficult to complete, and the individual is willing to participate in another activity better suited to the individual’s ability;

6.  A required employment and training activity conflicts with scheduled hours of employment or a job interview;

7. The individual cannot get or maintain:

8. Personal illness or the illness of a family or household member ;

9. A personal emergency;

10. Homelessness;

11. Domestic Violence;

NOTE:  More information regarding Family Violence Policy and procedures can be found in Section 108.7 Guidance On Good Cause Waivers Of Specific TANF Program Requirements.

12. Pending Medical Assessment Form;

NOTE:  Good cause is granted to allow 30 days for return of the Medical Assessment Form.

13. Limited Employability as indicated on a Medical Assessment Form (PA 635).

NOTE:  An individual with limited employability is capable of participating for some but not all of the required hours. The individual is considered mandatory and given good cause for the number of hours he or she is unable to participate.

14. Six weeks following the birth of a child;

NOTE:  Good cause is used for the 6 week post-partum period following the birth of a child. Good cause is not granted for being in the last trimester of pregnancy. If an individual has medical complications related to a pregnancy, a licensed medical provider must complete a PA 635 to verify that the individual should be exempted from participation.

15. The individual has been non-compliant with RESET and is in the Compliance Review Process;

16. The individual is involved in the Hearings and Appeals Process and awaiting the results of the hearing;

17. In a two-parent household when both parents are mandatory, one parent may be given good cause to care for the child for a maximum of 12 months in the parent’s lifetime or until the child reaches the age of 12 months. The Newborn exemption is not available to two-parent families. To determine when the good cause ends use the same policy outlined in section 135.32, Newborn exemption.

18. In a two-parent household where one parent is a non-eligible adult, sanctioned, or medically exempt the other parent can be given good cause if it is verified that the non-participating parent cannot care for the child.

19. In a two-parent household, if one parent is meeting the two-parent work participation requirement of 35 hours/week without receiving childcare, the other parent may receive good cause. 

20. The location of a contracted vendor site or job is more than two hours round-trip from the individual’s home;

21. The individual leaves a job that is seasonal for another seasonal job, such as migrant farm labor, construction or temporary work though an agency;

22.  The individual failed to receive notice at least two days prior to the date of a scheduled employment and training activity and was unable to make arrangements for child care or transportation.

NOTE:  Good cause criteria for SNAP Employment and Training Program participants are available in SNAP Handbook Chapter 535.

 

135.42 Reviewing for Good Cause

When reviewing an individual’s situation to decide if there is good cause for non-compliance:  

55 Pa. Code § 165.52(b)

EXAMPLE:  If an individual needs child care while participating, the AMR should state that child care was discussed and a referral for child care assistance through the Child Care Information Services Agency (CCIS) was offered.  If not, the individual would have good cause for non-compliance if the reason for non-compliance is due to child care.

Schedule a compliance review if a mandatory RESET participant is non-compliant with E&T requirements.  This is a meeting between a caseworker and participant to discuss participation requirements, the consequences of not participating and any good cause that the individual may have for not participating.  At the compliance review, the CAO determines:

 

135.43 Verification of Good Cause

The CAO may require verification of the good cause reason.  For example, in a two-parent household where one parent is a non-eligible adult, sanctioned, or medically exempt the other parent can be given good cause if it is verified that the non-participating parent cannot care for the child.

Even after the CAO has made a determination of willful non-compliance, an individual may offer verification of good cause to avoid sanction.  

  55 Pa. Code § 165.52(b)

135.44 Good Cause Review Date

At the review date, the CAO will determine if:

 

If it is determined that an individual can participate, the CAO will:

 

 

 

Reissued April 11, 2013, replacing  May 11, 2012