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TITLE 470 DIVISION OF FAMILY RESOURCES

Final Rule
LSA Document #11-179(F)

DIGEST

Amends 470 IAC 10.3-2-3 to change the time frame for processing a TANF cash assistance application from 30 to 60 days. Amends 470 IAC 10.3-8-3 concerning the minimum sanction penalty periods for individuals failing to cooperate with the IMPACT employment and training program without good cause. Amends 470 IAC 10.3-10-1 to eliminate two IMPACT exemption reasons, to change the job search requirements for applicants, to reinforce the reasons for failing to cooperate with IMPACT, and to redefine what is required by an individual serving a sanction for noncompliance to come into compliance. Effective 30 days after filing with the Publisher.



SECTION 1. 470 IAC 10.3-2-3 IS AMENDED TO READ AS FOLLOWS:

470 IAC 10.3-2-3 Investigations

Authority: IC 12-13; IC 12-14-28-7
Affected: IC 12-14-1-6


Sec. 3. (a) A representative of the applicant or recipient assistance group shall be interviewed by the division or designee at the time of the initial investigation and at each reinvestigation of eligibility. The initial investigation interview may be conducted:
(1) in the division office;
(2) at a home visit;
(3) by telephone; or
(4) at a community location designated by the division or designee.

(b) The reinvestigation required under subsection (a) may be conducted:
(1) in the division office;
(2) at a home visit;
(3) by telephone;
(4) by mail; or
(5) at a community location designated by the division or designee.

(c) The division shall approve or deny the application within thirty (30) sixty (60) days of the date of application.
(Division of Family Resources; 470 IAC 10.3-2-3; filed Oct 31, 2007, 9:57 a.m.: 20071128-IR-470070087FRA; filed Apr 3, 2009, 2:14 p.m.: 20090429-IR-470080203FRA; filed Mar 21, 2012, 11:27 a.m.: 20120418-IR-470110179FRA)


SECTION 2. 470 IAC 10.3-8-3 IS AMENDED TO READ AS FOLLOWS:

470 IAC 10.3-8-3 Sanctions for noncompliance with IMPACT

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7
Affected: IC 12-14-5


Sec. 3. (a) Individuals failing to cooperate with the provisions of the IMPACT employment and training requirements, without good cause, and their families will be disqualified from the cash assistance program as follows:
(1) First violation: The later of the date they comply or three (3) months. one (1) month.
(2) Second violation: The later of the date they comply or six (6) three (3) months.
(3) Third violation: Ineligible for life.

(b) When the individual complies, the person is eligible for benefits the month following compliance.

(c) Good cause for failure to comply with the requirements of this section shall be limited to the following:
(1) The required actions were beyond the capability of the individual to perform.
(2) The agency failed to provide the services needed by the individual to perform the required action.
(Division of Family Resources; 470 IAC 10.3-8-3; filed Oct 31, 2007, 9:57 a.m.: 20071128-IR-470070087FRA; filed Jul 5, 2011, 1:36 p.m.: 20110803-IR-470100244FRA; filed Mar 21, 2012, 11:27 a.m.: 20120418-IR-470110179FRA)


SECTION 3. 470 IAC 10.3-10-1 IS AMENDED TO READ AS FOLLOWS:

470 IAC 10.3-10-1 Applicant and recipient IMPACT responsibilities

Authority: IC 12-13; IC 12-14-28-7
Affected: IC 12-14-5


Sec. 1. (a) The requirements of this rule apply to the TANF assistance program.

(b) The IMPACT program provides the following employment and training activities:
(1) Employment services, including the following:
(A) Job search.
(B) Job placement.
(C) Job development.
(D) On-the-job training.
(E) Community work experience.
(F) Other work programs.
(2) Training activities, including the following:
(A) Job skills assessment.
(B) Adult basic education.
(C) High school completion.
(D) Vocational and other job skills training.
Training and education beyond high school is limited to twelve (12) months. Educational placement is to emphasize vocational skills in a course of study that has the greatest possibility for job placement immediately upon completion. Educational placement must be consistent with the comprehensive assessment completed on the recipient.

(c) The IMPACT program shall be operational statewide.

(d) All:
(1) applicants for; and
(2) recipients of;
TANF assistance must comply with the requirements of this section.

(e) Unless exempted under subsection (f), the following participating members of a TANF assistance group are required to participate in the IMPACT program:
(1) Caretaker relatives.
(2) Individuals who are at least sixteen (16) years of age.

(f) The following are exempt from participating in the IMPACT program:
(1) Individuals under sixteen (16) years of age.
(2) Individuals in their third trimester of pregnancy.
(3) (2) Individuals responsible for the care for a child under twelve (12) weeks of age.
(4) (3) Individuals receiving:
(A) Supplemental Security Income (SSI);
(B) Social Security Disability Assistance (SSDA); or
(C) other assistance due to disability.
(5) (4) Individuals eligible for Medicaid for the disabled or blind.
(6) Individuals in the SSI application process.
(7) (5) Individuals sixteen (16) or seventeen (17) years of age who are:
(A) full-time students, as defined by the school, attending secondary or elementary school; and
(B) not a minor parent TANF head of household.
(8) (6) Individuals at least sixty (60) years of age.
(9) (7) Individuals required in the home to care for an incapacitated or disabled household member.

(g) All applicants of TANF assistance who are required to participate will be:
(1) referred to IMPACT; and
(2) required to participate in twenty (20) days of work activities such as:
(A) orientation;
(B) assessment; and
(C) job search;
activities as a condition of eligibility.

(h) All recipients of TANF assistance who are required to participate in the IMPACT program will be referred to IMPACT. IMPACT participants will be considered for placement in an appropriate employment or training activity with an emphasis on immediate job placement, which may be complemented by education or training, consistent with the comprehensive assessment of the recipient.

(i) The following actions constitute failure to cooperate with any of the TANF assistance program provisions administered through IMPACT:
(1) Failure to:
(A) attend orientation or an assessment interview; or
(B) go to a job interview.
(2) Voluntary termination of employment without the prior approval of the division or designee.
(3) Refusal to accept employment.
(4) Voluntary reduction of employment hours without the prior approval of the division or designee.
(5) Refusal to cooperate with any employment or training agency whose services are included on an individual's employability plan.
(6) Failure to attend seventy-five percent (75%) of the all scheduled hours for any activity.
(7) Termination of employment by the employer, because of disciplinary reasons, for example, firing for good cause.
(8) Failure to cooperate or accept employment.

(j) An individual's failure to cooperate is considered to have ceased when the participant:
(1) accepts employment of at least thirty (30) hours per week at minimum wage; or
(2) participates in the program by completing the assigned activity or attending the assigned activity for two (2) weeks.
(1) serves the penalty outlined in 470 IAC 10.3-8-3;
(2) reapplies for benefits; and
(3) completes twenty (20) days of work activities.

(k) An individual may be temporarily excused from activities with good cause. Good cause for failure to cooperate with any of the TANF assistance program provisions administered through IMPACT shall be limited to the following reasons:
(1) The required actions were beyond the capability of the individual to perform.
(2) The agency did not provide the services needed by the individual to perform the required actions.

(l) Participants who fail to cooperate will be subject to the program penalties specified in 470 IAC 10.3-8-3.

(m) All IMPACT participants will be notified of their rights to a hearing when aggrieved by any action resulting from the IMPACT provisions in accordance with 470 IAC 10.3-11-1.
(Division of Family Resources; 470 IAC 10.3-10-1; filed Oct 31, 2007, 9:57 a.m.: 20071128-IR-470070087FRA; errata filed Feb 4, 2008, 10:26 a.m.: 20080213-IR-470070087ACA; filed Apr 3, 2009, 2:14 p.m.: 20090429-IR-470080203FRA; filed Jul 5, 2011, 1:36 p.m.: 20110803-IR-470100244FRA; filed Mar 21, 2012, 11:27 a.m.: 20120418-IR-470110179FRA)


LSA Document #11-179(F)
Notice of Intent: 20110330-IR-470110179NIA
Proposed Rule: 20110803-IR-470110179PRA
Hearing Held: August 29, 2011
Approved by Attorney General: March 7, 2012
Approved by Governor: March 21, 2012
Filed with Publisher: March 21, 2012, 11:27 a.m.
Documents Incorporated by Reference: None Received by Publisher.
Small Business Regulatory Coordinator: James Dunn, TANF/IMPACT Program Manager, Indiana Government Center South, 402 West Washington Street, Room W363 MS 09, Indianapolis, IN 46204, (317) 232-4908, james.dunn@fssa.in.gov

Posted: 04/18/2012 by Legislative Services Agency

DIN: 20120418-IR-470110179FRA
Composed: Aug 23,2014 4:00:47AM EDT
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