Section 703.150 - TAFDC Work Program(A)Requirements.(1) A grantee who has received assistance for 60 days must work the required hours per week as specified in 106 CMR 703.150(A)(5), unless: (a) the grantee is exempt (see106 CMR 703.100) ;(b) the grantee is caring for a foster child in the home who is younger than two years old;(c) a grantee is caring for a foster child in the home whose needs exceed a standard level of care (DCF tiers 2, 3 and 4) as determined by the DCF Commissioner or designee. A waiver of Work Program requirements may be granted by the DTA Commissioner for other foster parent grantees at the request of the DCF Commissioner based on the needs of the foster child; or(d) the grantee has good cause as specified in 106 CMR 701.380: Good Cause Criteria. In a two-parent household, each parent shall meet the Work Program requirements for the required hours per week as specified in 106 CMR 703.150(A)(5), unless that parent meets the requirements of 106 CMR 703.150(A)(1). If 106 CMR 703.150(A)(1)(b) and (c) apply, however, the work program requirement must still be met by one parent.
(2) A nonexempt grantee meets the Work Program requirements by:(a) working in a job for pay for at least the required hours per week as specified in 106 CMR 703.150(A)(5);(b) working full-time in the Full Employment Program (FEP) (see106 CMR 707.180: Full Employment Program) or participating in an approved Supported Work Program (see106 CMR 707.160: Supported Work Component);(c) participating in community service, job search or another Department approved activity that is expected to result in employment for the required hours per week as specified in 106 CMR 703.150(A)(5). The maximum number of hours a grantee can participate in a community service program is limited by the federal Fair Labor Standards Act (FLSA). A grantee who cannot meet the required hours of participation through community service alone due to the FLSA must participate in an additional allowable work activity so that the required hours are met. If the grantee cannot identify an allowable work activity, the Department shall provide a referral to an activity;(d) combining the hours of work, other approved work program activities and community service hours to total the required hours per week as specified in 106 CMR 703.150(A)(5). The number of hours of community service and/or other work program activities required each week will be the difference between the required hours per week and the number of hours worked;(e) participating in a substance abuse treatment program while in a substance abuse shelter;(f) participating in an unpaid work study or internship program for the required hours per week;(g) providing child care to a teen parent's dependent child (both of whom are living in the grantee's home) enabling the teen parent to meet the school attendance requirements;(h) participating in a Department-approved supported work program with a commitment from the employer to hire participants who successfully complete the program;(i) participating in an education or training activity including a certificate or degree program from a four-year degree-granting higher education institute, community college or a certificate program (up to a bachelor's degree) for up to the required hours per week as specified in 106 CMR 703.150(A)(5). If the education or training activity is less than the required hours per week, the grantee must participate in other work program activities to meet the required hours. For purposes of meeting the work program requirement, an education or training activity cannot exceed 24 months. The Department may extend this period if the client is making substantial progress towards completion of the certificate or degree program;(j) participating in a vocational educational program not to exceed 12 months. The Department may extend this period if the client is making substantial progress towards completion of the certificate or degree program in vocational education; or(k) if residing in an emergency shelter, meeting his or her housing search requirements. A grantee is given an initial period of up to 60 days to meet the Work Program requirement. During this period, the grantee must seek employment or find employment through FEP.
A grantee who does not meet the Work Program requirements as defined in 106 CMR 703.150(A)(2) within the 60 days must participate in the Community Service Program, unless participating in FEP.
(3) A categorically ineligible noncitizen who is unable to work in a paying job because of his or her noncitizen status, must participate in the Community Service program for the required hours per week, unless the grantee: (a) meets another exemption (see106 CMR 703.100) ;(b) is caring for a foster child in the home who is younger than two years old;(c) is caring for a foster child in the home whose needs exceed a standard level of care (DCF tiers 2, 3 and 4) as determined by the DCF Commissioner or his or her designee. A waiver of work requirements may be given for other foster parent grantees at the request of the DCF Commissioner based on the needs of the foster child; or(d) has good cause (see106 CMR 701.380: Good Cause Criteria). The individual shall be given an initial period of up to 60 days to find a Community Service placement. If the individual does not begin a Community Service placement within the 60 days, he or she shall be mandated to participate in Community Service.
(4)At Reapplication. If a grantee reapplies for assistance any time within a continuous 60-month period, the grantee, unless otherwise exempt, must meet the Work Program requirements to be eligible for assistance. The grantee will not receive another 60-day period to look for work. If the 60-month period has expired when the grantee reapplies for assistance, the grantee, unless otherwise exempt, will receive another 60-day period to look for work before having to meet the Work Program requirement.
(5) For purposes of 106 CMR 703.150(A), the required hours per week are defined as: (a) 20 hours, if the youngest child in the assistance unit (or who is not in the assistance unit as defined in 106 CMR 704.305(A)(5)(a), (b), or (c)) is between two and six years of age (see106 CMR 701.600: Definition of Terms); and(b) 30 hours, if the youngest child in the assistance unit (or who is not in the assistance unit as defined in 106 CMR 704.305(A)(5)(a), (b), or (c)) is six years of age or older. In a two-parent household where both parents are work program required, each parent must meet the required hours per week based on the age of the youngest child in the assistance unit (or who is not in the assistance unit in accordance with 106 CMR 704.305(A)(5)(a), (b), or (c))
(B)Verification. Unless otherwise specified, verification of participation in an Employment Services Program component shall be submitted on a form prescribed by the Department in accordance with the participation criteria for that component. See106 CMR 707.000: ESP Overview/Participation Requirements. The form shall be signed under the penalties of perjury.Adopted by Mass Register Issue 1360, eff. 3/9/2018.Amended by Mass Register Issue 1384, eff. 11/13/2018.Amended by Mass Register Issue 1396, eff. 5/15/2019.