Section 1240-01-03-.43 - FOOD STAMP PROGRAM WORK REQUIREMENTS(1) Each household member who is not exempt (as described in paragraph (2) below) must be registered for employment at the time of application for food stamps, and once every twelve months after initial registration.(2) Exemptions from work registration. The following persons are exempt from the work registration requirements: (a) persons younger than age 16 or older than 59;(b) persons age 16 or 17 who are not the head of household, or who are attending school, or who are enrolled in an employment training program on at least a half-time basis;(c) persons who are mentally or physically unfit for employment;(d) persons subject to and complying with any Families First work requirements;(e) a parent or other household member who is responsible for the care of a dependent child under age 6 or an incapacitated person;(f) persons who receive unemployment compensation. Persons who have applied for, but have not begun to receive, unemployment compensation also are exempt if they were required to register for work as part of the unemployment compensation application process;(g) regular participants in drug addiction or alcoholic treatment and rehabilitation programs;(h) persons who are employed or self-employed and who are working at least 30 hours weekly or receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 hours. This includes migrant and seasonal farmworkers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days;(i) students enrolled at least half-time in any generally and objectively recognized school, training program, or institution of higher education. Such students shall remain exempt during normal periods of class attendance, vacations, and recesses, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer).(3) Work Registrant's Responsibilities. Mandatory work registrants must:(a) participate in an employment and training program if assigned by the State;(b) provide sufficient information to allow the Department to determine employment status or the job availability of the individual;(c) report to an employer to whom referred by the State, unless the potential employment is "unsuitable" as determined under paragraph (4);(d) accept a bona fide offer of employment unless the employment is "unsuitable" as determined under paragraph (4).(4) Unsuitable Employment. Examples of unsuitable employment include, but are not limited to, the following:(a) the wage offered is less than the federal minimum wage, or 80% of the federal minimum wage when the federal minimum wage is not applicable;(b) the wage offered is on a piece-rate basis and the average hourly yield that the employee reasonably can be expected to earn is less than the federal minimum wage;(c) as a condition of employment, the household member is required to join, resign from, or refrain from joining any legitimate labor organization;(d) the work offered is at a site subject to a strike or lockout at the time of the offer, unless the strike has been enjoined under Section 208 of the Labor-Management Relations Act (commonly known as the Taft-Hartley Act), or unless an injunction has been issued under Section 10 of the Railway Labor Act;(e) the degree of risk to health and safety is unreasonable;(f) the person is physically or mentally unable to perform the employment;(g) the employment offered within the first 30 days of registration is not in the member's major field of experience;(h) the distance from the member's home to the place of employment is unreasonable considering the expected wage and the time and cost of commuting;(i) the working hours or nature of the employment interferes with the member's sincerely held religious observances, convictions, or beliefs;(j) other good reasons that would lead a reasonable person to conclude the employment is unsuitable for the individual.(5) Special Requirements for Non-Exempt Able-Bodied Adults Without Dependents.(a) A household member who is otherwise eligible for food stamp benefits, who is at least 18 years of age but not yet 51 years of age, may not participate in the food stamp program if, during the preceding 36-month eligibility period, he/she received food stamps for at least five (5) months (separate or consecutive) during which he/she did not:1. work at least 20 hours per week, averaged monthly;2. participate in and comply with the requirements of a work program approved by the Department, for at least 20 hours per week; such programs include:(i) a program under the Job Training and Partnership Act;(ii) a program under section 296 of the Trade act of 1974;(iii) an employment and training program operated by a state or political subdivision of the state and approved by the Governor, other than a job search or a job search training program.3. participate in and comply with the requirements of any state-established work-fare program that may be implemented.(b) The requirements in (5)(a) above shall not apply to an individual who is:1. under 18 or over 50 years of age;2. medically certified as physically or mentally unfit for employment;3. a parent or other household member who has primary responsibility for the care of a dependent child;5. has regained eligibility to participate in the food stamp program by, during a 30-day period: (i) working 80 or more hours;(ii) participating in and complying with the requirements of a work program for 80 or more hours, as determined by the Department; or(iii) participating in and complying with the requirements of any state established work-fare program that may be implemented.(c) An individual who regains eligibility by meeting the requirements of (5)(b) above shall remain eligible as long as he/she continues to meet the requirements of (5)(a) above.(d) An individual who regained eligibility by meeting the requirements of (5)(b) above, but no longer meets the requirements under (5)(a) above, is not eligible for any food stamp benefits in any household for more than a single consecutive 3-month period in any 36-month period.Tenn. Comp. R. & Regs. 1240-01-03-.43
Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed August 28, 1981; effective October 13, 1981. Amendment filed March 22, 1985; effective April 21, 1985. Amendment filed May 8, 1987; effective August 29, 1987. Repeal and new rule filed May 8, 1987; effective August 29, 1987. Amendment filed April 4, 1997; effective June 18, 1997. Amendment filed September 18, 2001; effective December 2, 2001. Amendment filed January 31, 2003; effective April 16, 2003. Amendment filed February 27, 2004; effective May 12, 2004.Authority: T.C.A. §§ 4-5-201 et seq., 14-8-106, 14-27-104, 71-1-105, 71-1-105(12), 71-5-304, 71-3-154(h), 7 USC § 2015(d) and (o), 45 C.F.R. 244.50, 7 C.F.R. 273, 7 CFR 273.7, 49PL 104-93 §824, Federal Register 39036, 51, and Federal Register 250 (December 31, 1986).