Participant Eligibility Requirements, Position Requirements, Reapplying for Temporary Cash Assistance Due to an Unanticipated Emergency

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO: RULE TITLE
60BB-10.003: Participant Eligibility Requirements
60BB-10.007: Position Requirements
60BB-10.009: Reapplying for Temporary Cash Assistance Due to an Unanticipated Emergency

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 5, February 5, 2010 issue of the Florida Administrative Weekly.

60BB-10.003 Participant Eligibility Requirements.

To be eligible for consideration for participation in the TANF subsidized employment project, the individual must:

(1) through (2) No change.

(3) Be an individual who meets the following requirements:

(a) through (c) No change.

(d) Be a pregnant woman in the ninth month of pregnancy, or in the third trimester of pregnancy if her physician restricts her from work, or a parent or caretaker relative of an unmarried dependent child under age 18, or a full time student who is under the age of 19 and who resides in the home; and

(e) No change.

60BB-10.007 Position Requirements.

(1) To qualify for the employment subsidy, the position must:

(a) No change.

(b) Meet the same health, safety, and nondiscrimination standards established under federal, state, or local laws that otherwise apply to other individuals engaged in similar activities who are not participants in the subsidized employment program; and

(c) Comply with 45 C.F.R. Section 261.70. A subsidized employment position cannot be created if another individual is on layoff from the same or any substantially equivalent job, or if the employer has terminated the employment of any regular employee or caused an involuntary reduction in its work force in order to fill the vacancy with a subsidized worker; and.

(d) Provide the same wages, benefits, and working conditions as are provided to other employees who are performing a substantially equivalent job.

(2) No change.

(3) In no case will a position be subsidized for more than 12 months.

60BB-10.009 Reapplying for Temporary Cash Assistance Due to an Unanticipated Emergency.

If an individual placed with an employer as a part of the subsidized employment program who agreed not to apply for temporary cash assistance within six months of receiving a short-term non-recurring diversion service beginning the program, unless an unanticipated emergency situation arises, applies for temporary cash assistance within that six month period, the participant must be referred to the regional workforce board at application for temporary cash assistance to complete the work registration process. Consistent with subsection 65A-4.212(3), F.A.C., the regional workforce board’s subsidized employment program staff must determine if a demonstrated emergency exists by completing Form AWI 0001(b), Subsidized Employment Diversion Services Emergency Determination (effective 12/09), incorporated by reference and available at: http://www.floridajobs.org/workforce/backtowork/forms.html. If the regional workforce board determines that an emergency exists exits the regional workforce board designee must so indicate on Form AWI SEP 0001(b). If a demonstrated emergency exists, the individual will not be required to repay the value of short-term non-recurring diversion services; however, the individual must complete the work registration process participant must follow the process esablished in Chapter 65A, F.A.C. If the regional workforce board determines that the family does not meet emergency criteria and the work registration process is completed, the Department of Children and Families will complete the eligibility determination process using information provided by the regional workforce board to calculate the repayment value of any short-term non-recurring diversion services provided to the family. The repayment amount shall be deducted from any temporary cash assistance benefit for which the family is otherwise eligible and may be prorated over eight months.

The Rulemaking Authority for Rules 60BB-10.001 through 60BB-10.009 is changed as follows: Section 445.004(5)(c), Florida Statutes.

RULEMAKING AUTHORITY: 445.004(5)(c) FS.

LAW IMPLEMENTED: 445.004, 445.024(1)(b), (c) FS.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: James Landsberg, Deputy General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399-4128, [phone].