Section 707.200 - Failure to Meet Employment Development Plan (EDP) Obligations or Work Program RequirementsAn individual who, without good cause as defined by 106 CMR 701.380: Good Cause Criteria, fails to meet the Work Program requirements or fails to meet the obligations of the Employment Development Plan (EDP), will be sanctioned, except for a client who is granted an extension of benefits beyond the 24-month period as provided in 106 CMR 703.120: Time-limited Benefits. The client granted an extension who fails to meet the obligations of the EDP will be terminated.
Before determining whether an individual has failed to meet the Work Program requirements or failed to meet the obligations of an EDP without good cause, the Department shall review all good cause criteria with the individual to determine if good cause exists. Review of the good cause criteria by the Department with the individual shall be conducted in writing, unless the individual asks that the review take place either in person or by telephone with his or her worker. If there is no good cause, the individual shall be sanctioned as follows.
(A)Consequences for Not Meeting EDP Obligations. (1) For the first failure to meet the obligations of the EDP, the individual is given a written warning of the consequences of subsequent failures.(2) For a second or subsequent failure to meet the obligations of the EDP, the individual is mandated to participate in TAFDC Community Service. The EDP will be updated with the mandatory community service requirement and ways the individual may meet the Work Program requirement.(3) For the first failure to participate in mandated TAFDC Community Service, the individual is not eligible for TAFDC until the individual meets the Work Program requirements for the required hours per week as provided in 106 CMR 703.150(A)(5), begins or resumes participation in TAFDC Community Service, works at a job for pay, participates in other work program activities as provided in 106 CMR 703.150(A)(2) or a combination of these activities for two consecutive weeks.(4) For a second or subsequent failure of a grantee to participate in mandated TAFDC Community Service, the assistance unit is ineligible for assistance until the individual meets the Work Program requirements for the required hours per week as provided in 106 CMR 703.150(A)(5), begins or resumes participation in TAFDC Community Service, works at a job for pay, participates in other work program activities as provided in 106 CMR 703.150(A)(5) or a combination of these activities for two consecutive weeks.(5) Assistance to the remaining members of the assistance unit shall be in the form of vendor payments, when possible.(B)Consequences for Not Meeting Work Program Requirements.(1) For the first failure to meet the Work Program requirements, except for the Full Employment Program, the individual:(a) is mandated to participate in TAFDC Community Service and the EDP will be completed with the mandatory community service requirement; and(b) is ineligible for TAFDC until he or she meets the Work Program requirements for the required hours per week as provided in 106 CMR 703.150(A)(5), begins or resumes participation in TAFDC Community Service, works at a job for pay, participates in other work program activities as provided in 106 CMR 703.150(A)(2) or a combination of these activities for two consecutive weeks. In a two-parent assistance unit, both parents are ineligible for TAFDC until both parents work at a job for pay and are meeting the required hours per week as provided in 106 CMR 703.150(A)(5) or participate in other work program activities as provided in 106 CMR 703.150(A)(2) or a combination of these activities for two consecutive weeks unless only one parent is required to meet the Work Program requirements. In this situation, only the parent who does not meet his or her Work Program requirements is ineligible.
(2) For the first failure to participate in mandated TAFDC Community Service, the individual is ineligible for TAFDC until the individual meets the Work Program requirements for the required hours per week as provided in 106 CMR 703.150(A)(5) or begins or resumes participation in TAFDC Community Service, participates in other work program activities as provided in 106 CMR 703.150(A)(2) or a combination of these activities for two consecutive weeks.(4) Assistance to the remaining members of the assistance unit shall be in the form of vendor payments, when possible.(C)Consequences for Failure to Obtain a Job through Full Employment Program. (1) An individual, who, after three failed attempts to obtain a job through the Full Employment Program (FEP), without good cause as defined by 106 CMR 701.380: Good Cause Criteria, shall be mandated to participate in the TAFDC Community Service component. The EDP will be updated with the mandatory community service requirement and ways the he or she may meet the Work Program requirements.(2) For the first failure to participate in mandated TAFDC Community Service, the individual is ineligible for TAFDC until he or she meets the Work Program requirements for the required hours per week as provided in 106 CMR 703.150(A)(5) or begins or resumes participation in TAFDC Community Service, participates in other work program activities as provided in 106 CMR 703.150(A)(2) or a combination of these activities for two consecutive weeks.(3) After the second or subsequent failure by a grantee to participate in mandated TAFDC Community Service, the assistance unit is ineligible for assistance until the individual meets the Work Program requirements for the required hours per week as provided in 106 CMR 703.150(A)(5) or begins or resumes participation in TAFDC Community Service, participates in other work program activities as provided in 106 CMR 703.150(A)(2) or a combination of these activities for two consecutive weeks.(4) Assistance to the remaining members of the assistance unit shall be in the form of vendor payments, when possible.Adopted by Mass Register Issue 1360, eff. 3/9/2018.