ParaRegs-Food-Stamps-Work-Registration
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Persons registered for work under
the FS Program, or a program specified in §§63-407.21(c) or (e) shall; .41 Comply with the requirements of the FS
Employment and Training Program, as described in §63-407.8, when assigned by
the county. .42 Respond to a request for supplemental
information regarding employment status or availability for work. .43 Report to an employer to whom referred,
if the potential employment meets the suitability requirements described in
§63-407.7. .44 Accept
a bona fide offer of suitable employment, as defined in §63-407.7. (§63-407.4) |
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300-3 |
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The CDSS has issued tables to clarify the participation requirements for Able-Bodies Adults Without Dependents (ABAWDs) and non-ABAWDs in FSET and non-FSET counties. The tables do not supersede any regulations governing FSET participation requirements. However, there are two changes to current policies that are discussed below in which state regulations will be amended to reflect the revised federal policies. First, in light of the Food and Nutrition Service’s (FNS) Administrative Notice 97-40 and their recent clarification, the participation requirements for self-initiated workfare have been changed. Hours of participation in self-initiated workfare will now be determined by dividing the household’s FS allotment by the higher of the federal or state minimum wage. Previously, counties were instructed to require participation of 20 hours per month and were told that additional hours could be required at county option. The new policy of using the minimum wage calculation supersedes the instructions contained in All County Letter (ACL) No. 98-07, Enclosure I and All County Information Notice No. I-76-00, question 11. Second, revised federal ABAWD regulations at 7 Code of Federal Regulations (CFR) §273.24 (a)(3)(iii) provide that training programs which satisfy the ABAWD work requirement, including FSET vocational education and training components, may include participation in job search or job club. However, the number of hours spent in job search/job club must be combined with another training activity (i.e., it cannot be a stand-alone activity), and it must be less than half of the total hours required for the training activity. For example, a vocational training component of 15 hours per week may include a maximum of seven hours per week in job search. (All- |
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300-3A |
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The following tables set forth the
FS participation requirements in non-FSET counties. Participation Requirements in
Non-FSET Counties
Work Registration Exemptions: > Younger than 16 years of age or 60
years of age or older. > 16- or 17-year-old who is not head
of household, or who is attending school or enrolled in an employment
training program on at least a half-time basis. > Physically or mentally unfit for
employment. > Complying with CalWORKs
Welfare-To-Work requirements. > Caring for a dependent child under
age 6 or an incapacitated person. > Receiving or has applied for
unemployment insurance benefits. > Participating in a drug or alcohol
treatment program that prohibits employment of 30 hours or more per week. > Employed or self-employed at least
30 hours per week or receiving weekly earnings at least equal to the federal
minimum wage multiplied by 30 hours. > Half-time
school attendance. ABAWD Exemptions: > Under
18 or 50 years of age or older. > Pregnancy. > Residing
in a food stamp household that contains a dependent child. > Meets
the work registration exemptions (see above). > Exempt
under the 15% ABAWD exemption criteria. ABAWD Work Rule: For a Non-Assistance Food Stamp (NAFS)
recipient over age 17 and under age 50, eligibility for food stamps is
limited to any three months in a 36-month period during which the individual
does not satisfy the ABAWD work requirement.
The ABAWD work requirement is met by working or participating at least
20 hours per week in an allowable work activity, or by participating in
workfare for the number of hours equal to the household's food stamp
allotment divided by the higher of the federal or state minimum wage. The three-month eligibility limitation does
not apply to individuals who meet one of the ABAWD or Work Registration
exemption criteria shown above (MPP §§63-407.21 and 63-410.3). Food Stamp Sanctions: A voluntary quit or noncompliance with
Refugee Employment and Training or Comparable Workfare shall result in a
minimum one, three, or six-month FS sanction, unless the individual qualifies
for an FS work registration exemption.
ABAWD exemptions, other than work registration exemptions, will not
end an FS sanction. State minimum wage is $6.25 per hour
effective (All-County Information Notice (ACIN) No.
I-37-01, |
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Each household member who is not exempt
under §63-407.2 shall be registered for employment at the time of application
and once every 12 months after initial registration as a condition of
eligibility for FS benefits, unless the household is entitled to expedited
service. If the household is entitled to expedited service, household members
subject to work registration shall be registered as per §63-301.5.
(§63-407.1) |
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301-2 |
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Persons registered to work in the
General Assistance Work Program, the non-WIN Public Assistance (PA) Program
or the Refugee Resettlement Program shall be considered as registered for
work under the FS Program. (§63-407.23) |
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301-3 |
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Upon reaching a determination that an
applicant or other member of an FS household is required to be registered for
work, the county shall provide an explanation and written statement of the
work registrant's requirements, rights, responsibilities, and the
consequences of failure to comply. (§63-407.31) |
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301-4 |
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FS household members are considered to
be registered when the registration is annotated by the county on an existing
record designated by the California Department of Social Services.
(§63-407.32) |
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The following persons are exempt
from the FS work registration requirement: (a) A person younger than 16 years of age,
a person 60 years of age or older, or a person 16 or 17 who is not the head
of the household or attending or enrolled in an employment training program
on at least a half-time basis. (b) A person physically or mentally unfit
for employment. If the unfitness is
not evident to the county, verification shall be required. Appropriate verification may consist of receipt
of permanent disability benefits issued by governmental or private sources,
or of a statement from a physician or licensed or certified psychologist (or
from a nurse practitioner or physician's assistant, per All-County
Information Notice (ACIN) No. I-76-00, or from a chiropractor per ACIN
I-46-02). (c) A household member subject to and
complying with any work requirement under Title IV of the Social Security Act
including the Greater Avenues for Independence (GAIN) and CalWORKs
Programs. [GAIN has not existed since (d) A parent or other household member who
is responsible for the care of a dependent child under six or an
incapacitated person. If the child has
his/her sixth birthday within a certification period, the exempt individual
shall fulfill work registration requirements at the next recertification,
unless otherwise exempt. (e) A person who is in receipt of
unemployment compensation or who has applied for, but has not yet begun to
receive unemployment compensation, if that person was required to register
for work with EDD as a part of the unemployment compensation application
process. (f) A regular participant in a drug
addiction or alcoholic treatment and rehabilitation program. (g) A person who is employed or
self-employed and working a minimum of 30 hours weekly or receiving weekly
earnings at least equal to the federal minimum wage multiplied by 30 hours. (h) A student enrolled at least half time
in any recognized school, training program, or institution of higher
education, provided that students enrolled at least half time in a recognized
institution of higher education have met the eligibility conditions in
§63-406.2. (§63-407.21; ACIN I-76-00) |
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302-1A |
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Enrollment in correspondence courses
does not establish student status for purposes of exemption from FS work
registration, because those courses do not require class attendance and thus,
allow the participant to seek employment. (All-County Letter (ACL) No. 95-18,
April 24, 1995, interpreting §63-407.21(h)) |
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302-1B |
REVISED 10/04 |
An individual who is denied Unemployment
Insurance (UI) benefits, and appeals the denial, does not qualify for the FS
work registration exemption set forth in §63-407.21(e). (All-County
Information Notice (ACIN) No. I-76-00, However, an individual who has a UI
overpayment which is being recovered through UI adjustment, resulting in no
UI payment to the individual, does qualify for the exemption. (ACIN No.
I-76-00, Question 16) If the hearing subsequently rules in favor of the
individual, he would become exempt, in accordance with §63-407.21(e) the
first month he begins to receive UIB. (ACIN I-79-03, Question 15) |
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302-1C |
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In order to qualify for the FS work
registration exemption contained in §63-407.21(d), relating to care of an
incapacitated person, the individual claiming the exemption is not considered
responsible for the care of the "incapacitated person unless the care precludes
employment of at least 30 hours per week. The county may request a doctor's
statement verifying the incapacity and identifying the number of hours for
which care is needed. This answer is consistent with the drug/alcohol
treatment program exemption at MPP Section 63-407.21(f) (see ACL 98-21,
Question 23)." (All- |
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302-1D |
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It is the CDSS policy that only one
parent in a two-parent household can qualify for the FS exemption based on
care for a child under six (set forth in §63-407.21(d)), no matter how many
children are in the FS household. The parents designate which of them is
responsible for care of the child(ren) under age six, and that designated
parent is exempt from work requirements and sanctions, while the other parent
is subject to them. (All- |
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302-1E |
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It is the CDSS policy that an individual
qualifies as physically or mentally unfit for employment, under
§63-407.21(b), if appropriate medical verification is provided that the
unfitness "... is expected to last at least 30 days and significantly
impairs the recipient's ability to be regularly employed or participate in
employment and training activities. To qualify for this exemption, the
individual must be actively seeking appropriate medical treatment. When these
criteria are met for all or part of any month, the client shall be considered
exempt for that month. For example, if an individual becomes physically unfit
in the middle of November and the unfitness continues into December, he would
be exempt for November and December. This definition is consistent with the
CalWORKs criteria for the Welfare-to-Work disability exemption at MPP Section
42-712.44." |
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The county shall screen work registrants
to determine whether or not they will participate or be deferred from the FS
Employment and Training (FSET) Program. Persons who are registered for work
under §63-407.1 and who are not deferred under §63-407.811 are considered
mandatory participants. (§63-407.81) |
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303-2 |
REVISED 4/04 |
The following individuals shall be
deferred from mandatory participation until the county determines that the
situation precluding FSET participation no longer exists: (a) A
person who resides in a federally approved geographically excluded area. (b) A person who participates in a program
described in §63-407.23 that has participation requirements exceeding those
contained in the FSET Program. (c) A person who is unable to participate
due to personal circumstances. This
shall include, but not be limited to, persons who: (1) Lack dependent care (as defined in
§63-408.41(j). This includes
situations in which dependent care costs exceed the maximum allowable
dependent care deduction per month per dependent). (2) Lack transportation which is defined as private or public transportation that is not available at reasonable times on a regular basis; or monthly transportation costs plus other costs excluding dependent care costs that exceed amounts determined in §63-407.831. (3) Live an unreasonable distance from the
FSET Program site. (4) Have a severe family crisis. (5) Are temporarily laid off from a job
and expected to return to work within 60 days. (6) Are involved in legal difficulties
(such as court mandated appearances) which preclude participation. (7) Have a temporary illness or
disability. (§63-407.811 revised effective |
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303-2A |
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Pregnant women are not necessarily
exempt from work registration simply because of their pregnancy. They are
deferred from participation in FSET because they are temporarily ill or
disabled. (All-County Letter (ACL) No. 95-18, April 24, 1995, interpreting
§63-407.811(c)(7)) |
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303-2B |
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A person is deferred from FSET if he/she
lives an unreasonable distance from the FSET Program site. It is the CDSS
position that the deferral is established if either: (1) Daily commuting time
exceeds two hours per day, not including the transporting of a child to and
from a child care facility; or (2) the distance to the FSET site prohibits
walking, and neither public nor private transportation is available to bring
or take the person to or from the site. (All- |
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303-3 |
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FS applicants shall be informed that
they may be deferred from FSET Program participation if monthly expenses
exceed allowable reimbursable amounts, as set forth in §63-407.83.
(§63-407.311(a)) |
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When an individual is sanctioned for
noncompliance with a work requirement, and that individual is work
registered, as specified in §§63-407.21(c) or (e), or in a substitute program
as specified in §63-407.23, the individual shall be sanctioned for FS in
accord with §63-407.5. (§63-407.54) |
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REVISED 8/04 |
Within 10 days of determining that the
noncompliance with FS work registration requirements set forth in §63-407.41
was without good cause (as set forth in §63-407.51), the county shall issue a
notice of adverse action informing the household of the disqualification
being imposed on the noncompliant individual. The Notice of Action shall meet
the requirements of §63-504.21 and additionally shall contain a description
of the act of noncompliance, identify the minimum length of the disqualification
and shall specify that if, at any time, the individual becomes exempt in
accord with §63-407.21, the disqualification shall end and the individual may
reapply for food stamps. Information shall also be included on or with the
notice describing the action which can be taken to avoid the ineligibility
before the disqualification period begins and that the individual may apply
for food stamps at the end of the disqualification period. (§63-407.52, as revised effective |
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305-3 |
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Any employment shall be considered
unsuitable if: (a) The wage offered is less than the
highest of the applicable Federal or State wage, or 80% of the federal
minimum wage if there is no minimum wage requirement. (b) The job offered is on a piece rate
basis and the pay is less than set forth in (a). (c) The household member, as a condition
of employment or continuing employment, 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. (e) The
degree of risk to health and safety is unreasonable. (f) The member is physically or mentally
unfit to perform the employment, as documented by medical evidence or by
reliable information from other sources. (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. Employment
shall not be considered suitable if daily commuting time exceeds two hours
per day, not including the transporting of a child to and from a child care
facility. Nor shall employment be
considered suitable if the distance to the place of employment prohibits
walking and neither public nor private transportation is available to
transport the member to the job site. (i) The working hours or nature of the
employment interferes with the member's religious observances, convictions,
or beliefs. (§63-407.7) |
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305-4 |
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The county is responsible for
determining "good cause" in those cases where a work registrant has
failed to comply with the work requirements of §63-407.4. |
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REVISED 8/04 |
For purposes of determining the
appropriate disqualification to apply, count any previous sanctions and/or
disqualifications imposed on the registrant for failing to comply with the
requirements of §§63-407.4 and .54, and 63-408. If the registrant qualifies
for one of the exemptions in §63-407.21, during the minimum disqualification
period in §§63-407.531 to .533, the disqualification shall end and the individual
may reapply for food stamps if otherwise eligible. The start date of the
disqualification period shall begin the first of the month following the
month the individual is provided timely notice of action. (§63-407.53,
revised The minimum duration of the first disqualification is one month. (§63-407.531) The minimum duration of the second disqualification is three months. (§63-407.532) The minimum duration of the third or
subsequent disqualification is six months
(§63-407.533) |
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306-3A |
REVISED 4/04 |
Prior to If the individual or household is
otherwise eligible following completion of the minimum sanction period,
eligibility may be reestablished if the individual: .612 Complies
as follows: (a) If the individual was disqualified for
refusal to respond to a request for supplemental information regarding
employment status or availability for work, the individual shall comply with
the request. (b) If the individual was disqualified for
refusal to report to an employer, the individual shall report to this
employer if work is still available or to another employer to whom referred. (c) If the individual was disqualified for
refusal to accept a bona fide offer of suitable employment, the individual shall
accept this employment, if still available to the participant; accept any
other employment which yields earnings per week equivalent to the refused
job; or accept any other employment of at least 30 hours per week, with
weekly earnings equal to the federal minimum wage multiplied by 30 hours. (d) If the individual refused to comply
with an employment and training assignment, the individual shall comply with
the assignment or another assignment. (e) If the individual was disqualified for
reducing hours worked in accordance with §63-407.55, the individual shall
increase hours worked to at least 30 hours per week. (§63-407.612 repealed effective |
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306-6A |
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Ineligible aliens, who would otherwise
be the principal work registrants for the household, cannot be sanctioned for
failing to comply with the requirements of the FS program. Therefore,
voluntary quit requirements do not apply to the household from which the
alien is excluded. (All-County Letter (ACL) No. 95-18, April 24, 1995, clarifying
§63-408.3) |
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306-8 |
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Federal law provides that if a household
member refuses to (1) register for employment; (2) participate in an
employment or training program; or (3) accept an offer of employment: the
entire household shall be disqualified if the household member involved was
the head of the household. Otherwise, only the household member involved is
disqualified. (7 United States Code (USC) §2015(d)) |
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306-9 |
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Under state regulations, an individual
shall not be disqualified because of noncompliance with FS work requirements
if, prior to the effective date of the sanction specified in §63-407.53, that
individual becomes exempt in accord with §§63-407.21(a), (b), (d), (f), (g),
or (h). Prior to |
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306-9A |
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Federal law, federal regulations, and
the interpretation of these federal provisions by the FS Program, Western
Region, is that when an individual under a sanction for failure to comply
with FS Program work requirements becomes exempt during the disqualification
period, that individual may resume FS participation if otherwise eligible. |
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306-9B |
ADDED 12/04 |
Consistent with §63-407.53, an instance of noncompliance with food stamp work requirements is not counted due to the individual’s exemption status and a food stamp disqualification cannot subsequently be imposed when the exemption stops. Thus when an individual receives a
six-month third instance WTW sanction, but not a food stamp sanction because
the individual provides care for a child under age six, the individual
remains eligible for food stamps after the child turns six during the WTW
sanction period. This answer supersedes
ACIN I-76-00, question 27. (ACIN I-71-04, |
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306-9C |
ADDED 12/04 |
An overissuance is not established for
food stamps received between the date the individual failed to comply with
workfare and the date a sanction is imposed.
Thus if a county does not impose a sanction until August 1 for failure
of an individual to perform workfare in May, there is no sanction in June or
July. (ACIN I-71-04, |
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Counties shall be allowed to provide
any one or more of the following FSET Program Components: a) Job
Club/Job Search Component which can include the following: (1) Job search workshops. (2) Supervised job search. (3) Unsupervised job search. (b) Work
Component, which can include the following: (1) Workfare. (2) On the job training/work experience. (c) Education/Training
Component: (1) Vocational training which consists of
a project, program or experiment. (2) Educational programs designed to
improve a participant's basic skills or employability. (§63-407.841) |
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307-2 |
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Upon entry into each component, the FS
work registrant shall be told of the component requirements, what will
constitute noncompliance, and the sanctions for noncompliance. (§63-407.821) |
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307-3 |
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The participation requirements of
the FSET Program are as follows: .851 The number of months and number of
successive components in which participation is required shall be determined
by the county as long as the minimum and maximum participation requirements
of the FSET Program are met.
Participation requirements could vary among participants. .852 Participation requirements shall not be
imposed if they would delay the determination of eligibility for or issuance
of benefits to any household otherwise eligible. .853 The minimum level of effort by
participants shall be comparable to spending at least 12 hours a month for
two months making job contacts. .854 For a job search component, the participation
requirement shall be permitted to begin at application for an initial period
of up to eight consecutive weeks, and continue for an additional period of up
to eight weeks during 12 consecutive months. .855 Participation requirements in a work component
imposed collectively on members of a household each month shall be
limited to the number of hours equal
to the household's allotment for that month divided by the higher of the
applicable state or federal minimum wage. .856 The maximum hours of participation
imposed on each individual shall not exceed 120 hours per month. .857 The hours of participation or work of a
volunteer shall not exceed the hours of FSET Program mandatory participants. (§63-407.85) |
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307-3A |
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State regulations define minimum and maximum participation requirements for persons assigned to FSET. FSET components include work components that consist of workfare, work experience, and on-the-job training (OJT). For each month an FS household member is assigned to an FSET work component, the hours of participation are determined by dividing the household's monthly FS allotment by the higher of the state or federal minimum wage. When more than one member of the same household participates in a work component, the total number of required hours for all participants is determined by the minimum wage calculation. Since the state minimum wage ($6.75 per
hour effective (All-County Information Notice (ACIN)
No. I-13-02, |
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307-4 |
REVISED 8/04 |
The county shall reimburse participants, including volunteers and applicants, for actual costs of transportation or other costs (except for dependent care costs) that are reasonably necessary and directly related to participation as specified in §§63-407.831 and .832. (§63-407.83) These payments shall be provided as
either a reimbursement for expenses incurred or in advance payment for
anticipated expenses. The county shall
determine the level of reimbursement or advance and shall be defined in the Reasonable and necessary costs applicable to transportation means: The least costly form of public transportation that would not preclude FSET activity. If no public transportation is available, participants may use their own vehicles. Participants will be reimbursed at an existing county rate, or the county shall develop a rate that covers necessary costs. The reimbursement rate may not include a "cap" or maximum monthly reimbursement rate. Parking must be reimbursed at actual cost. FSET participants who choose their own vehicles when public transportation is available will be reimbursed at the least expensive reimbursement rate of available transportation. (§63-407.831(b)) The county shall reimburse the actual
cost for dependent care costs, not to exceed the maximum dependent care
deduction per month per dependent. The dependent care costs must be verified,
and are not reimbursable if the care is provided by a member of the FS
household. (Subsection .832) |
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307-4A |
ADDED 10/04 |
Per §63-407.83, the county shall
reimburse participants for costs that are reasonably necessary and directly
related to FSET participation. Travel
costs to pick up an FSET allowance, such as a bus pass, is a reimbursable
cost if the county requires the county to pick up the pass in person. The cost of transportation to deliver the
workfare verification form is also reimburseable if the county required the
individual to deliver the form. (All |
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307-5 |
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In addition to the FSET Program, operated in accordance with §63-407.8, counties shall be permitted to operate the FS Workfare Program in accordance with the requirements |