65A-4.201. Criteria for Hardship Extensions and Exemptions to Cash Assistance Time Limit

(1) Hardship Extension and Exemption Determinations. An extension or exemption from the time limit for receipt of Temporary Cash Assistance (TCA) cannot be authorized until a hardship review is completed, using the Hardship Extension Review, CF-ES 2082, 05/2023, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16454. The following non-English versions of the Hardship Extension Review form are incorporated by reference: CF-ES 2082H (Creole), 05/2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16455, and CF-ES 2082S (Spanish), 05/2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16456.

(2) A recommendation and the decision about hardship eligibility will be based on the criteria established in this rule and Section 414.105, F.S. If all hardship criteria are met, the Department will approve the participant for continued receipt of TCA for the amount of time recommended by the Local Workforce Development Board (LWDB).

(3) Diligent participation. To meet the diligent participation criteria, the participant must: have no more than one work sanction imposed in the last 18 months of receipt of cash assistance; and be in compliance with the individual responsibility plan as determined by the LWDB or its designee’s contracted career manager.

(4) Extraordinary barriers to employment. The following criteria are extraordinary barriers to employment:

(a) The individual has been a custodial parent with a child under three months of age.

(b) The individual has been a single custodial parent caring for a child who has not attained age six, and proves the inability to obtain needed child care due to the unavailability of appropriate child care within a reasonable distance from the home or worksite, unavailability or unsuitability of informal child care by a relative or under other arrangements, or unavailability of appropriate and affordable formal child care arrangements.

(c) The individual could not participate in assigned work activities due to a medical incapacity. The individual is required to comply with the course of treatment necessary for the individual to resume participation. The individual was excused from work activity requirements if the medical incapacity was verified by a licensed physician.

(d) An individual was temporarily unable to participate in assigned work activities due to circumstances beyond their control as determined by LWDB or its designee.

(5) Significant barriers to employment. Significant barriers to employment include illiteracy, language barriers, domestic violence, local labor surplus, underemployment, living in an area with a high unemployment rate, homelessness, previous felony convictions and unavailability of support services or transportation.

(6) A participant who did not request a hardship extension or exemption when the initial CF-ES 2082 was signed can request a hardship extension or exemption by completing the hardship review process. If the individual has not received TCA benefits or services for more than 30 days, the ACCESS Florida Application, CF-ES 2337, 08/2016 , incorporated by reference in Rule 65A-1.205, F.A.C., or an ACCESS Florida Web Application (only accepted electronically), CF-ES 2353, 11/2020, incorporated by reference in Rule 65A-1.205, F.A.C., must also be completed.

(7) Hearing Rights. Participants whose cash assistance is being terminated because they have reached their lifetime limit and have been denied a hardship extension or exemption can request a fair hearing in accordance with the Department’s hearing procedures in Chapter 65-2, F.A.C. Unless waived, cash assistance will be continued or reinstated in accordance with 45 C.F.R. 205.10(a)(6), when the request for a hearing is received by the end of the last day of the month prior to the effective date of the adverse action indicated on the notice. The notice allows at least 10 days for the request. If the last day of the month falls on a holiday or weekend, the deadline is the next business day. The assistance group must repay cash assistance if the hearing decision is in favor of the Department.

(8) Review of Hardship Extension and Exemption Cases. A review of hardship extension and exemption cases must be completed at least once every two years using the hardship extension and exemption review process of this rule, except for domestic violence cases which must be redetermined no less often than every six months in accordance with 45 C.F.R. §260.55(b).

Rulemaking Authority 414.45 FS. Law Implemented 414.105, 414.14 FS. History–New 9-28-98, Amended 5-27-01, 2-22-06, 11-13-06, 8-12-12, 3-13-24.