Ill. Admin. Code tit. 89 § 112.72

Current through Register Vol. 48, No. 45, November 8, 2024

Section 112.72 - Participation/Cooperation Requirements

a) An individual is required to participate in a TANF employment or work activity by:

1) Cooperating with TANF requirements. Cooperation with TANF is defined as providing requested information about employment history and capabilities, appearing for scheduled meetings, participating in assessments and complying with the requirements of the TANF activities identified in Section 112.78, which may not begin until at least 30 days after the date of application.

2) Responding, timely, to a job referral of suitable employment (that is, a written statement referring a participant to an employer for a specific position).

3) Accepting a bona fide offer of suitable employment. An individual must be given the opportunity to explain why a bona fide offer of employment was not accepted. A bona fide offer of suitable employment is where:

A) there was a definite offer of employment substantiated by written confirmation from the prospective employer at wages meeting any applicable minimum wage requirements and which are customary for such work in the community based on information obtained from the Department of Employment Security;

B) there are no questions as to the individual's ability to engage in such employment for physical reasons or because he has no way to get to or from the particular job; and

C) there are no questions of working conditions, such as risks to health, safety or lack of worker's compensation protection or lack of other workplace rights due TANF recipients according to the U.S. Department of Labor.

4) Department employment referrals are deemed suitable if they meet the following criteria:

A) Wages offered must be at least the greater of:

i) the federal minimum wage; or

ii) the State minimum wage.

B) Subminimum training wages offered must be at least the greater of:

i) the federal subminimum training wage; or

ii) the State subminimum training wage.

C) If the wages are offered on a piece-rate basis, wages for a beginner must equal the amount the participant can reasonably be expected to earn as outlined in subsection(a)(4)(A) of this Section.

D) There is no unreasonable degree of risk to the participant's health and safety.

E) The participant may not be required as a condition of employment to join, resign from or refrain from joining any legitimate labor organization.

5) Participants must register and appear for interviews at the Illinois Employment and Training Center (IETC) or Department of Employment Security's Job Service offices when required.

b) Additionally, participants who are part-time employed must:

1) continue their part-time employment; and

2) not voluntarily reduce their work hours, unless such reduction is consistent with the next steps in the Responsibility and Services Plan.

c) Failure of an individual to participate/cooperate with the TANF employment and work activity requirements listed in this Section, without good cause, will result in sanction as outlined in Section 112.79.

d) Failing to achieve certain grades or competency levels or goals in educational, training or work activity shall not constitute failure to participate in TANF but shall be addressed through a review of the Responsibility and Services Plan requested by the participant or Department.

e) Refusal of an individual to participate in TANF employment and work activities shall make the case ineligible if the person is required to be in the assistance unit. If the individual is not required to be in the assistance unit, that individual shall be ineligible for cash assistance.

Ill. Admin. Code tit. 89, § 112.72

Amended at 34 Ill. Reg. 10085, effective July 1, 2010