The Food Stamp Act requires all able-bodied participating adults, with specific exceptions, to meet certain work-related requirements. These requirements are prerequisites to eligibility and certification that cannot be waived. (See FSC 9443 for procedures on expedited applications.)

Work registrants must:

1. If referred, participate in a Workfare program.
2. Respond to any requests from a county office worker for information regarding employment status or availability for work.
3. Accept a bona fide offer of suitable employment at a wage not less than the higher of the applicable state or federal minimum wage.
4. Continue employment at a suitable job.
5. Avoid reducing one's work effort to less than 30 hours per week.

See [FSC 3400] for additional information.

Voluntary Quit

Any individual who is not otherwise exempt from the work registration requirements will be subject to sanction if he or she voluntarily quits a job without good cause or voluntarily reduces his or her work effort to less than 30 hours per week.  See [FSC 3401.1].

Requirement to Work (RTW)

Able-bodied individuals between the ages of 18 and 49 who are not pregnant or the parent of a minor dependent child are subject to the RTW. Any individual subject to the RTW will be ineligible to receive food stamp benefits if, during a 36 month period, he or she received food stamp benefits for at least three months while he or she did not work at least 20 hours per week or participate in and comply with a specified work program.  See [FSC 3500].

In certain locations the Food Stamp E&T Program is available to household members subject to the Requirement to Work. See [FSC 3600].

Eligible household members are exempt from work registration if the household member is:

1. Under age 16 or age 60 or older.
2. Age 16 or 17 and living with a parent or attending a school or training program on at least a half-time basis.
3. Disabled.
4. Receiving TEA Cash Assistance.
5. Caring for a dependent child under age 6 or an incapacitated person.
6. Receiving unemployment benefits.
7. Currently participating in a treatment program for alcoholism or drug addiction.
8. Employed or self-employed on a full-time basis.
9. A full-time student in a high school or an institution of higher education.

A full explanation of each exemption appears in FSC 3210-3290.

Household members younger than 16 years of age or 60 years of age or older are exempt from the work registration requirements.

NOTE: If a child reaches his 16th birthday within a certification period, he/she will be registered for work at the next scheduled recertification unless he or she qualifies for another exemption.

A household member who is age 16 or 17 is exempt from the work registration requirements if he or she:

• Is living with a parent or a person who is acting as a parent;
• Is attending a high school or a school of higher education;
• Is enrolled in an employment training program on at least a half-time basis as determined by the school or training program; or
• Is otherwise exempt – e.g. – disabled, cares for a dependent child under age six, etc.

NOTE: If a child who is exempt from the work registration requirement solely because he is living with a parent or a person who is acting as a parent reaches his 18th birthday within a certification period, he will be registered for work at the next scheduled recertification unless he qualifies for another exemption.

Household members who are physically or mentally unfit for employment are exempt from the work registration requirements.

See the [Glossary,] definition of "Aged/Disabled." In addition to the individuals who meet the definition of disabled found in the Glossary, the following individuals may be considered disabled:

• Individuals receiving services through Arkansas Rehabilitation Services (ARS).

• Individuals receiving Worker's Compensation or other "sick pay" type benefits.

When a member is not receiving disability benefits, the worker will determine if the member's disability is obvious or if verification is required.

An obvious disability is one where the worker can easily determine that the individual is incapable of gainful employment. Individuals with obvious disabilities include, but are not limited to, individuals who are:

1. Recovering from major surgery within the last six weeks; or
2. Housebound or wheelchair bound.

When the disability is not obvious or an obvious disability is questionable, the household will be asked to furnish verification. Acceptable verification includes, but is not limited to:

1. A statement from a physician or licensed, certified psychologist indicating the cause of disability and, if known, how long the disability is expected to last;
2. A decision by the Medical Review Team that the individual is currently disabled; or
3. Collateral evidence (written or oral) that the individual receives services through Arkansas Rehabilitation Services.

Documentation should appear in the case record regarding:

1. The nature of any disability which results in an exemption;
2. Why the exemption was allowed based on this disability;
3. The anticipated length of the disability; and
4. The type of verification obtained if the exemption was verified.

NOTE: Services for disabled individuals are available through Arkansas Rehabilitation Services (ARS). If appropriate, the worker may refer the disabled member to ARS through normal office procedures.

A parent or other household member responsible for the care of a dependent child under the age of 6 or an incapacitated person of any age is exempt from the work registration requirements. Exemptions for the care of an incapacitated person should be fully documented. Documentation must include the name of the person providing care and a description of the incapacitating condition.

If a child reaches his 6th birthday within a certification period, the household member responsible for the care of the child will be work registered during the next scheduled recertification unless the member qualifies for another exemption.

All able bodied adults (age 18 or older) receiving TEA Cash Assistance are required to work or participate in TEA Program work activities designed to lead to work. These individuals will be exempt from the food stamp work registration requirements due to compliance with TEA work requirements.

Household members currently receiving unemployment insurance benefits are exempt from the work registration requirements. A household member who has applied for, but not yet begun to receive, unemployment insurance benefits is also exempt if he or she was required to register for work with ESD as a part of the unemployment insurance application process.

An applicant for unemployment would not be required by ESD to register for work when:

1. He or she is job attached and laid off for less than 8 weeks; or
2. He or she is a member of a trade union that assists members in finding employment.

Verification of whether the individual was registered through ESD may be obtained by viewing the work registration ID card. The date indicated on that card is the date the registration occurred.

NOTE: The worker will not contact ESD to determine if the household members were registered for work through ESD. This determination will be based upon correspondence (letters, forms, etc.) from ESD provided to the household member, the ID card or any information available. In situations where there is no available information, the registrant's statement will be used.  The case record will be documented accordingly.

If an individual exempt from work registration solely due to receipt of unemployment benefits fails or refuses to comply with ESD work requirements, a sanction may be imposed. See FSC 3414.

Household members who are currently participating in a drug addiction or alcoholism treatment and rehabilitation program on a resident or nonresident basis are exempt from the work registration requirements.

Household members who are employed and either working a minimum of 30 hours weekly, or receiving weekly earnings equal to the federal minimum wage ($5.15 per hour) multiplied by 30 are exempt from the work registration requirements.

This exemption includes any migrant or seasonal farm worker who is under a contract or similar agreement with an employer or crew chief to begin employment within 30 days. A migrant or seasonal farm worker who does not have such an agreement and is not otherwise exempt will be registered for work.

The number of hours of employment may be verified from:

1. Wage stubs;
2. Employers; or
3. The current amount of verified income divided by 30.

A household member solely engaged in a hobby, volunteer work or another activity for which little or no payment is received is not considered gainfully employed regardless of the length of time spent in such activities.

A self employed household member who works a minimum of 30 hours per week or who receive weekly earnings equal to the federal minimum wage of $5.15 per hour, multiplied by 30 hours is exempt from the work registration requirements. This exemption may be established through verification of the amount of earnings if the earnings are at least equal to the $5.15 x 30 hours per week. If the income is not sufficient to conclude full time employment, the household must cooperate with the worker in establishing either that:

1.  The gross income reported is at least sufficient to be considered gainful employment ;or 

2.  The volume of work performed by the household member justifies the self employment enterprise as a full-time job. For example, some farmers work more than 40 hours per week yet make no profit.

A student age 18 or older who is enrolled at least half-time in a high school is exempt from the work registration requirements. If a student is enrolled in an institution of post secondary education as defined in FSC 1622.1 and the student is eligible to participate as per FSC 1622.3, the student is exempt from the work registration requirements. A student over age 18 who is enrolled at least half-time in a high school or GED program is also exempt from the work registration requirements. The exemption continues to apply through periods of school recess but is lost when the student graduates, drops out, is expelled, or otherwise terminates enrollment.

All eligible household members who are not exempt for work registration will be registered for work.

All eligible, nonexempt household members are automatically work registered when the food stamp application form is signed. A Notification of Work Registration (DCO-260) must be issued to let the household know which members are subject to the work registration requirements.

The county office worker must work register household members for work when:

1. An eligible, nonexempt individual enters a household currently certified to participate in the Food Stamp Program; or
2. An eligible household member in a participating household loses an exemption due to a change that must be reported as specified in FSC 11200.

At the time of a reported change or quarterly report, work registration must be completed for all nonexempt members who enter the household or for members who lose an exemption as a result of a change which is required to be reported in FSC 11200.

A Notification of Work Registration (DCO-260) must be completed when:

1. A nonexempt member enters the household; or
2. An eligible household member loses an exemption due to a change reported on the quarterly report; or
3. A nonexempt member turned 16 since the last quarterly report was processed.

If the worker can determine based solely on information available on the change report or in the case record that the member must be work registered, the Notification of Work Registration (DCO-260) will be completed without additional contact with the household. It is permissible to contact the household by telephone to clarify the work registration status of the member and to complete the DCO-260. The information obtained by telephone should be documented in the case record.

If the needed information cannot be obtained by telephone, the household will be issued a request for contact using a Notice of Action (DCO-1). The request for contact will advise the household that if the information needed to complete the work registration is not provided, the non-compliant household member will be disqualified as per FSC 3412.  See [FSC 12400] for instructions on issuing a request for contact.

If the worker cannot determine if a member should be work registered based on the information on semi-annual report, the worker should attempt to contact the household by telephone to avoid a delay in form processing. If the needed information cannot be obtained by telephone, a Notice of Required Verification (DCO-218) will be issued to the household. The household must have at least 10 days to respond to the request for information; therefore, the DCO-218 must be returned before the end of the report month or within 10 days, whichever is later. A Notification of Work Registration (DCO-260) will be completed and issued to the household when work registration occurs.

If the household does not return the DCO-218 within the specified time frames, the member will be disqualified per FSC 3412. An adequate notice will be issued to the household to advise the household of the effects of the disqualification. 

Work registration exemptions wil be given assigned in the following order:

1. Age. 
2. Physically or mentally unfit. 
3. Care of a dependent child under age 6 or an incapacitated person. 
4. In receipt of unemployment compensation. 
5. Participating in a drug addition or alcoholic treatment program. 
6. Employed or self-employed full time.
7. Student age 18 or older.
8. Receiving TEA Cash Assistance. 

Example     A household member is age 62 and physically disabled.  The work registration exemption assigned is for age.

Example      A household member who is receiving TEA cash assistance has a dependent child age 2.  The work registration exemption assigned is for dependent care.

Work registrants must:

1. Participate in a workfare program if referred through the Food Stamp Program.
2. Respond to any request from a county office worker for information regarding employment status or availability for work;
3. Accept a bona fide offer of suitable employment at a wage not less than the higher of the applicable state or federal minimum wage.
4. Continue employment at a suitable job.
5. Avoid voluntarily reducing ones work effort to less than 30 hours per week.

An individual who is exempt from work registration solely due to receipt of unemployment benefits (see FSC 3260) and who fails to comply with comparable ESD work registration requirements will be subject to sanction in the Food Stamp Program.

A work registration violation is:

Refusal, without good cause, to accept an offer of employment at a site or plant that is not subject to a strike or lockout at the time of the refusal at a wage not less than the applicable federal or state minimum wage; or

Refusal, without good cause, to provide sufficient information to allow a determination of employment status or job availability; or

1. Voluntarily and without good cause, reducing ones work effort to less than thirty hours per week; or
2. Voluntarily quitting a job without good cause within 30 days prior to the date of application or at any time while the individual who quit was participating in the Food Stamp Program.

A voluntary quit is defined as the intentional departure of an employee from a suitable job without good cause. The voluntary quit provisions do not apply to changes in employment resulting from:

• Reducing hours of employment while working for the same employer;
• Resignations recognized by the employer as retirement;
• Termination of a self-employment enterprise; or

• Resigning at the demand of the employer.

When a loss of earned income is reported, the county office worker must verify the last date of employment and the last date of pay. Information provided by the household about the reasons for leaving employment must be verified if questionable.

The household has the primary responsibility for providing verification. However, in situations where it is difficult or impossible for the household to obtain the needed verification in a timely manner, the worker will provide assistance to the household. Acceptable sources of verification include the previous employer, employee associations, union representatives, grievance committees, or other organizations that represent employees who are aggrieved.

The worker may substitute collateral contacts as described in the [Glossary] under "Collateral Contacts" when documentary evidence cannot be obtained.

The household will not be denied access to the Program when the requested verification cannot be obtained due to the circumstances surrounding the quit. Examples of such situations are:

1. Resignation from employment as a result of discriminatory practices or sexual harassment;
2. Resignation due to unreasonable demands by an employer; and
3. Being unable to locate the employer.

The case record will be thoroughly documented to reflect all efforts by the household and the county office to obtain the needed verification

.

The following sanctions will apply to all work registration violations including voluntary quits, intentional work reductions, and failure to comply with a Workfare Program requirement:

First Violation - The individual who failed to comply without good cause will be disqualified from receiving food stamp benefits for three months or until he or she complies with or becomes exempt from the work registration requirements, whichever occurs first.

Second Violation - The individual who failed to comply without good cause will be disqualified for six months or until he or she complies with or becomes exempt from the work registration requirements, whichever occurs first.

Third Violation - The individual who failed to comply without good cause will be disqualified for twelve months or until he or she complies with or becomes exempt from the work registration requirements, whichever occurs first.

The household's benefits may not increase as the result of a disqualification for a work registration violation. See FSC 1623.2 for instructions on calculating a budget when there is a disqualified member.  If all members are disqualified or if after sanctions are applied, the household's income exceeds the maximum allowed for the eligible household members, the case will close.

It is not possible to enumerate each individual situation that should or should not be considered good cause for a work registration violation. For this reason, the county office worker should consider all facts and circumstances including information provided by both the household and the employer when determining good cause.

All facts and circumstances, including information submitted by the registrant involved and the employer, will be considered in determining good cause. Good cause includes circumstances beyond the household member's control. Examples of good cause include, but are not limited to a household emergency, the unavailability of transportation, lack of adequate child care for children between the ages of six and twelve, or unsuitable employment.

Under no circumstances will a work registrant be required to accept or be penalized for failure to accept or continue employment that is determined unsuitable. The case record must contain documentation of the reason the employment was determined unsuitable.

Employment will be considered unsuitable if:

1. The wages are less than the highest of:

- The applicable Federal minimum wage ($5.15 per hour); or

- The applicable State minimum wage ($5.15 per hour); or

- 80% of the Federal minimum wage if neither the Federal nor State minimum wage is applicable.

2. The employment offered is on a piece-rate basis and the hourly yield the employee can reasonably be expected to earn is less than the applicable hourly wages specified above.
3. The registrant, either to be hired or to continue employment, is required to join, resign from, or refrain from joining any legitimate labor organization. This applies to situations where the prospective employer specifically prohibits membership, and also to situations where the registrant will not be able to retain his union membership if a nonunion job is accepted. A union member can be required to accept full-time, nonunion employment if he or she will not be dropped from the union rolls as a result or if he or she voluntarily drops his or her union membership.
4. The employment offer is located at a site subject to a strike or a lockout at the time of the offer. This does not apply when the strike has been enjoined under S208 of the Labor Management Relations Act (29 U.S.C. 78, commonly known as the Taft Hartly Act), or when an injunction has been issued under Section 10 of the Railway Labor Act (45 U.S.C. 160).

Any other employment offered to a particular registrant will be considered suitable unless a registrant can demonstrate or the local office otherwise becomes aware that:

- The degree of risk to health and safety is unreasonable;

- The registrant is physically or mentally unfit (as established by documentary medical evidence or other documented and reliable information) to perform the employment;

- Employment offered within the first 30 days of registration is not in the registrant's major field of employment;

- The working hours or nature of employment interferes with the member's religious observances, convictions, or beliefs - e.g. a Sabbatarian could refuse to work on the Sabbath; or

- The distance between the registrant's residence and the place of employment is unreasonable considering the expected wage and the time and cost of commuting. In any case, employment will not be considered suitable if daily commuting time exceeds two hours per day not including the transportation of a child to and from a child care facility. Employment is also considered unsuitable if the distance from the registrant's residence is not within reasonable walking distance and neither public nor private transportation is available.

When evaluating a voluntary quit, good cause may also be:

1. Acceptance of any bonafide offer of employment that subsequently fails to materialize.
2. Resignation of a household member when another household member accepts an offer of employment resulting in a need for the household to relocate.
3. Enrollment at least halftime in any recognized school, training program, or institution of higher education.
4. Any resignation recognized by the employer as retirement.
5. Discrmination by the employer based on age, race, sex, color, handicap, religious beliefs, national origin, or political beliefs.
6. Work demands or conditions that render continued employment unreasonable such as, but not limited to, working without being paid on schedule.
7. Employment that becomes unsuitable, as defined above, after the acceptance of such employment.
8. Leaving a job in connection with a pattern of employment where a worker frequently moves from one employer to another – e.g., migrant farm labor or construction work.

There will be situations not specifically mentioned where the worker feels that there was good cause for a voluntary quit. In such situations the county office will seek a policy interpretation through the normal chain of command. All such situations will be documented in the case record.

When an eligible household member fails to comply with a work registration requirement while the household was participating in the Food Stamp Program, the county office worker will complete the following steps.

Step 1 - Determine if the household member is still subject to the work registration requirements. Use FSC 3200 - 3300. If no, document this fact in the case record. Document any verification obtained if verification of the exemption is necessary. Take no additional action. No sanction will be applied. If yes, go to Step 2.

Step 2 - Determine if the member had good cause for failure to comply. If yes, document the good cause in the case record. Take no additional action. No sanction will be applied. If yes, disqualify the member. See FSC 1623.2.

Whenever a loss of earned income is reported at initial application, reapplication, reported change, or on a semi-annual report the worker must determine if sanctions are to be applied. Sanctions may be applicable when a household member voluntarily quits a job within 30 days of the date of application or at any time while the individual is participating in the program. (NOTE: A federal, state or local government employee dismissed from a job as the result of a strike is considered to have voluntarily quit the job without good cause.) Sanctions may be applicable when a household member voluntarily reduces his or her work effort to less than 30 hours per week.

If an individual quits employment of 30 hours or more per week, secures new employment expected to be 30 hours or more per week and is then laid off or terminated from the new job, the earlier quit will not be used as the basis of a disqualification. This statement is true for both applicant households and participating households.

Sanctions are also applicable when a voluntary quit or voluntary reduction in work hours occurs but is not reported in a timely fashion. This includes, but is not limited to the following instances:

• A voluntary quit or reduction in work hours occurs 30 days or less before the date of application, is not reported at application and is discovered after application approval.

• A voluntary quit or reduction in work hours occurs after the date of the application interview and is reported after the approval notice is issued.

• A voluntary quit or reduction in work hours occurs while the household is participating but is not reported in a timely fashion.

The following steps must be completed to determine if a voluntary quit has occurred and a sanction should be applied.

Step 1 - Determine if the employment involved 30 hours or more per week or provided weekly earnings equivalent to the Federal minimum wage of $5.15 multiplied by 30 hours. If yes, go to step 2. If no, the household will not be sanctioned.

Step 2 - Determine if the member who quit is between the ages of 16 and 60. If this member is less than age 16 or age 60 or older, a sanction will not be applied. If this member is between the ages of 16 and 59, go to step 3.

Step 3 - Determine if the member who quit or reduced work hours is subject to the work registration requirements. Use FSC 3200 - 3290. If this member was exempt from the requirements at the time the quit occurred (excluding the exemption for employment) or is presently exempt, no sanction will be applied. If the member who quit is subject to work registration, go to step 4.

Step 4 - Determine if the quit or reduction in hours was for good cause. Use FSC 3411. If yes, the member will not be sanctioned. If no, the member will be sanctioned. See FSC 3420 for the applicable sanction.

The period of disqualification will apply only to the individual or individuals who failed or refused to comply. Only if all individuals are disqualified will the worker close the household's food stamp case. To disqualify an individual household member, the worker must recalculate the household's budget as instructed in [FSC 1623.2].

NOTE:       This policy will not apply in situations where ESD benefits are denied or suspended because a household member’s employment was terminated by the employer.  This policy will apply when a household member has failed or refused to meet an ESD requirement such as, but not limited to, failure to complete the mandatory job search.

When a worker becomes aware that entitlement to unemployment checks has been denied or terminated or that TEA cash assistance has been reduced or terminated, the following steps will be taken:

Step 1 - Determine if the member was exempt solely due to receipt of unemployment benefits or TEA cash assistance. If the member is otherwise exempt from the work registration requirments, no action will be taken. (For example, a member responsible for the care of a dependent child age 4 fails to comply with an TEA work requirement. Since the member is exempt under the dependent care provisions, no sanction will be applied to the food stamp household.) If not, go to step 2.

Step 2 - If the member was exempt solely due to receipt of unemployment benefits or TEA cash assistance, determine if the registrant had good cause for failure to comply. (See [FSC 3411] for an explanation of good cause.) If the member had good cause for failure to comply, no action will be taken. If not, go to Step 3.

Step 3 - If the member did not have good cause, disqualify the member. See FSC 1623.2.

At application, the sanction will be imposed effective with the month of application regardless of whether the application is approved.  For a participating household, a notice of adverse action must be issued to the household prior to the imposition of a sanction. See FSC 3430. Unless the household is in the last month of certification and has not been recertified, the sanction will be imposed beginning the month following the month in which the notice of adverse action expired.

Example - A household is certified for July through December. On August 16, the county office worker becomes aware of a voluntary quit. On August 23, the worker issues a ten-day advance notice of adverse action expiring on September 2. The disqualification period will be October, November and December.

If a household is subject to semi-annual reporting (SR), and is in the sixth month of the certification period, the sanction will be imposed beginning the following month if possible. If the semi-annual report has been received but not processed when the worker learns of the noncompliance, the semi-annual report will not be processed until the ten-day period has lapsed. If the semi-annual report has already been processed, an advance notice of adverse action must be issued. The sanction will be imposed beginning the month following the month in which the notice of adverse action expired.

If the household is in the last month of certification and an application for recertification has not been approved, the sanction will be imposed for the first month of the certification period. This is true even when the household has not submitted an application for recertification.

Example - A household is certified for July and August. On August 28, the worker becomes aware of a voluntary quit. On August 31, the worker approves the household's application for recertification but disqualifies the noncompliant member for the months of September, October and November. A manually issued Notice of Action (DCO-1) is used so the household may be advised of the disqualification.

Within 10 days of establishing that any participating household member who failed or refused to comply with a work registration requirement without good cause, a notice must be issued to the household.

Unless the household is in the last month of certification, the notice must be sent at least ten days before the effective date of the imposition of the sanction. If the household is in the last month of certification, the timing of the notice will depend on the case's status.

If the household has submitted an application for re-certification that has already been approved, a ten-day advance notice of adverse action must be sent. If the household has submitted an application for re-certification that has not yet been approved, the sanction will be imposed before action is taken on the application and a Notice of Action DCO-1 manually issued to explain the effects of the sanction. Even if no application has been submitted, a DCO-1 must be issued to the household to explain the sanction period and the effects of the sanction.

If the household is composed entirely of noncompliant members, the notice will specify:

1. That the entire household is being disqualified;
2. Why the household is being disqualified;
3. When the disqualification will be imposed;
4. The months to be included in the period of disqualification; and
5. Any action which the household may take to avoid or to end the disqualification. (See FSC 3441.)

If only the individual who failed to comply is to be disqualified. the notice will specify:

1. That only one member is being disqualified;
2. Why this member is being disqualified;
3. How this disqualification will affect the household's food stamp benefit amount (See FSC 1623.2);
4. When this disqualification will be imposed;
5. The months to be included in the period of disqualification; and
6. Any actions which the member may take to avoid or to end the disqualification.

A disqualification due to failure to comply with a work registration requirement may be avoided  or ended if the individual becomes exempt from work registration or complies with the requirement. A list of actions that cause disqualification is shown below. Also shown is the action which the individual may take to avoid or to end the disqualification.

See FSC 3520 for an explanation of the sanctions imposed for a work registration violation.

If a sanctioned member leaves a household, the member's income and/or resources will be dropped from the original household's food stamp budget. However, the sanction does not end. The member who refused or failed to comply continues to be disqualified. If he or she joins another household, he or she will remain disqualified for any months remaining in the original disqualification period. See [FSC 1622.2] for instructions on handling the income and resources of ineligible household members.

After the disqualification has ended, eligibility may be re-established. A disqualified household member may be re-added to the household's case effective for the month following the last month of the disqualification period if currently eligible.

At the beginning of the last month of the disqualification period, the worker will issue a DCO-1 to the household. The household will be advised to contact the worker to clarify the disqualified member's current status and/or to be work registered before the member can be re-added. If the requested information is not provided by the last day of the last month of the disqualification period, the member will not be re-added. The worker will shorten the household's certification period as instructed in FSC 11320.

Unless exempt, individuals are ineligible to receive food stamp benefits if, during a designated 36-month period, they received food stamp benefits for at least three months (consecutive or otherwise) while they did not:

• Work at least 20 hours per week (averaged monthly); or
• Participate in and comply with a Workforce Investment Act (WIA) Program for 20 hours or more per week; or
• Participate in a Food Stamp Employment and Training (E&T) Program.
• Participate in and comply with a Workfare Program; or
• Participate at least half-time (as defined by the program) in a recognized refugee training program approved, funded, or operated by the Office of Refugee Resettlement.

An individual who is self-employed and actually works at this enterprise for an average of 20 hours per week or more meets the RTW. There is no requirement that the self-employment enterprise show a profit. The decision about whether an individual is self-employed will be made on a case by case basis. See FSC 5516 for general explanation of what a self-employment enterprise is. When an individual declares that he or she is self-employed but maintains no records of his or her income and expense, the county office worker may ask for some type of collateral verification. For example, if an individual claims to be self-employed collecting and selling cans, the household may be asked to furnish a collateral contact from the company or person who buys the cans.

Working as a volunteer will not satisfy the RTW. Working without compensation will not satisfy the RTW. An individual who is employed by a company or another individual must be compensated although there is no minimum amount. An individual who receives in-kind benefits for work is considered to be compensated.

Example - An individual works 20 hours each week in a coin laundry. In return, the individual is allowed to live in an apartment above the laundry free of charge. This person meets the RTW.

Anyone who is currently employed by a company or an individual and who annually works an average of more than 20 hours per week has complied with the RTW. This includes people whose work is seasonal, those who cannot work due to extended periods of bad weather and school employees who do not work in the summer or other periods of school vacation.

The following individuals are exempt from the RTW.

1. Anyone age 17 or younger
2. Anyone age 50 or older
3. Anyone medically certified as physically or mentally unfit for employment - This includes any individual who:
• Meets the definition of disabled as provided in the [Glossary] definition of Aged/Disabled; or
• Receives services through Arkansas Rehabilitative Services; or
• Receives Worker's Compensation or sick pay benefits; or
• Was found to be disabled through a decision of the Medical Review Team; or
• Provides a statement from a physician or licensed, certified psychologist indicating the cause of the disability and anticipated duration of the disability. (A statement that does not provide the anticipated duration of disability may be accepted but will be valid no longer than three months.)
4. Any parent of a minor dependent child age 17 or younger so long as the dependent child lives with them - This includes natural, adoptive and step parents. If both parents are in the home, then both parents are exempt under this provision. If a couple (e.g., grandmother and grandfather) both exercise parental control, both individuals are exempt under this provision.
5. Any pregnant woman - This exemption covers all trimesters of pregnancy. If the pregnancy is not obvious, verification may be requested from a medical professional such as a physician, a certified nurse midwife or an employee of the Health Department.
6. Anyone who is otherwise exempt from the work registration requirements - This exempts the following individuals from the RTW:
• Anyone who is responsible for the care of a dependent child under the age of 6 or an incapacitated person of any age;
• Anyone who is receiving TEA cash assistance.
• Anyone who is currently receiving unemployment benefits or anyone who has applied for unemployment benefits but is not yet receiving them;
• Anyone who is participating in a drug addiction or alcoholism treatment and rehabilitation program on either an inpatient or outpatient basis;
• Anyone who is employed and either working a minimum of 30 hours weekly or receiving weekly earnings equivalent to the federal minimum wage multiplied by 30; and
• Any student age 18 or older who is attending a high school or an institution of post secondary education on at least a half-time basis or attending an institution of higher education on any basis.

The Department of Agriculture, Food and Nutrition Service, has granted permission for the State to waive the Food Stamp Program Requirement to Work (RTW) in certain areas where the current unemployment rate is higher than 10 percent. The State has also been granted permission to waive the RTW in areas designated as labor surplus by the Department of Labor, Bureau of Labor Statistics.

These waivers are not permanent. Any county affected by such a waiver will be notified of the terms of the waiver and will be provided with instructions for implementing the waiver.

RTW waivers are applicable to individuals who actually live in an area covered by the waiver. An individual who lives in a labor surplus area but who has elected to receive services in another county will be exempt from the RTW. An individual who lives in an area where there is no RTW waiver is subject to the RTW even if he or she chooses another county as their service county.

For tracking purposes, an individual who may be subject to the RTW does not need to be identified in counties where the RTW has been waived. However, an individual who receives services in a waived county but actually lives in a county where the RTW applies must be tracked.

If an individual physically moves into an area covered by a RTW waiver, the individual becomes exempt from the RTW. Disqualification for failure to comply with the requirement will no longer apply. If an individual moves from an area covered by an RTW waiver into an area where the waiver does not apply, the requirement will apply again.

FNS grants each state a certain number of RTW exemptions to be applied in areas not covered by a RTW waiver. The State of Arkansas has chosen to apply these exemptions across the board to all individuals who are subject to the RTW and reside in an area not covered by a RTW waiver.

In counties with no RTW waiver, whenever an application, semi-annual report or reported change is processed, the worker must determine if any household member classified as an ABAWD (able-bodied adult without dependent children) will be granted an exemption from the RTW requirement. To be classified as an ABAWD, an individual must be at least 18 years old but no older than 49 years old. The individual must not be disabled or the parent of a minor child (under age 18) who is living in their home. A "YES" answer to any of the questions listed below gives an individual a policy exemption to the RTW waiver.

• Is this member a full-time student? r YES r NO
• Is this member receiving unemployment benefits? r YES r NO
• Is this member pregnant? r YES r NO
• Is this member participating in a drug addiction and/or alcoholism treatment program on an in-patient or out-patient basis? r YES r NO
• Does this member care for an incapacitated adult? r YES r NO
• Is this member working an average of 20 hours or more per week? r YES r NO
• Does this member attend a job-training program as specified in [FSC 3500]? r YES r NO

A "NO" answer to all the questions listed above means that the county office worker will grant this individual a "personal exemption" from the RTW. The exemption will last for TWELVE MONTHS OR UNTIL THE INDIVIDUAL BECOMES EXEMPT FROM THE RTW, WHICHEVER COMES FIRST. The decision to exempt an individual from the RTW must documented in the case record.

Counties must track each food stamp recipient granted a personal exemption from the RTW so that we can maintain an accurate record of these exemptions. The county may track this information manually or by using a PC based system. Any system devised should track, at a minimum, the name and social security number (SSN) of the exempted individual and the date of the exemption.

Each month, the county must submit to the Food Stamp Section, Central Office, a report of the total number of personal RTW exemptions granted during the month. (It is not necessary to submit the names and SSNs of exempted individuals.) The report should be submitted by the 10^th of each month for the prior calendar month. The report may be e mailed or faxed to the Manager of the Food Stamp Program. The fax number in the Food Stamp Section is (501) 682-1469.

The 36 month RTW compliance period must be established on an individual basis for each food stamp recipient between the ages of 18 and 49 unless the individual is pregnant, the parent of a dependent child under the age of 18, or disabled as defined in the [Glossary], definition of Aged/Disabled Household. Once established, a 36 month RTW compliance period runs continuously regardless of whether the individual participants in the Food Stamp Program.

The RTW compliance period begins with the first month of participation, other than months in which retroactive or restored benefits are authorized, and ends 36 consecutive calendar months later. This includes months in which a prorated benefit amount was issued. It does not include months in which benefits were not issued because the prorated amount was less than $10.00.

Example 1 - A household was certified on September 23, with September as the first month of the certification period. For household members subject to the RTW, the first month of the RTW compliance period is September.

Example 2 - A household was certified on November 3 with September as the first month of the certification period. Retroactive benefits were authorized for September and October. For household members subject to the RTW, the first month of the RTW compliance period is November.

For individuals who have been living in another state, the RTW compliance period will begin when the individual is certified to receive food stamp benefits in Arkansas. This applies regardless of whether the individual received food stamp benefits in the other state. It also applies if the individual previously lived in Arkansas and had a 36-month period established during the previous residency.

For individuals added to existing food stamp cases, the 36 months RTW compliance period begins the month the individual first participates in the Food Stamp Program. If an individual moves from the one household to another, the original RTW compliance period will continue uninterrupted until its conclusion.

See the chart below for establishing an RTW compliance period for people who lose an RTW exemption.

For individuals added to existing food stamp cases, the 36 months RTW compliance period begins the month the individual first participates in the Food Stamp Program. If an individual moves from the one household to another, the original RTW compliance period will continue uninterrupted until its conclusion.

See the chart below for establishing an RTW compliance period for people who lose an RTW exemption.

Any period of participation in the Food Stamp Program while an individual is exempt from the Requirement to Work (RTW) will not count toward the individual's three-month participation limit. However, once a 36-month compliance period has been established it runs continuously regardless of whether the individual later becomes exempt from the RTW and then loses that exemption.

Example - A young lady turns 18 in April 2002. Her 36-month period of compliance began May 2002. In July 2002, she reports that she is two months pregnant. In August 2002, she miscarries. She is able to work again in September 2002. Her 36-month period of compliance still began in May. However, her only month of non-compliance is May

.

At application (except for first time applicants), at recertification, or when processing a semi-annual report or reported change, the DCO county worker must evaluate the RTW status of all nonexempt household members who do not live in an area where the RTW is waived. (See [FSC 3501] for an explanation of RTW waivers. See [FSC 3502] for an explanation of personal exemptions.) Any nonexempt member who has participated in the Food Stamp Program for three months, consecutive or not, since the beginning of that individual's 36 month RTW compliance period without meeting the RTW will be ineligible to participate in the Food Stamp Program.

If the individual who is disqualified due to failure to comply with the Requirement to Work (RTW) is the only household member, the food stamp case will be closed. If other household members remain eligible, the instructions in FSC 1623.2, items 1-3, will be used to determine the household's monthly food stamp benefit amount. The disqualification will continue until the end of the designated 36-month period or until the member regains eligibility.  See FSC 3531 - 3632

.

The following checklist may be used to evaluate whether a penalty must be imposed against an individual for failure to comply with the Requirement to Work (RTW).

Step 1 - (Check all that apply.) Does this individual meet any RTW exemption listed below?

Under age 18
Age 50 or older
Medically certified as disabled to work
Parent of a child age 17 or younger
Pregnant
Exempt from work registration requirements per FSC 3200
Working more than 20 hours per week on an average
If any exemption is checked, stop. If no exemption is checked, go to Step 2.

Step 2 - (Check one.) Has this individual participated in the Food Stamp Program for at least three months, consecutive or not, since he or she was notified of the RTW?

YES      NO
If NO, stop. If YES, go to step 3.

Step 3 - (Check all that apply.) During any of those months, did this individual:

Work at least 20 hours per week on an average?
Participate in and comply with a WIA Program at least 20 hours per week?
Participate in and comply with a TRA Program at least 20 hours per week?
Participate in and comply with an E&T Program other than job search at least 20 hours per week?
Participate in and comply with a Workfare Program?
If any block is checked, go to Step 4. If none of the blocks are checked, the individual will be disqualified.

Step 4 - (Check one.) Has the individual participated for three or more months when the RTW was not met? Include months of participation prior to this case action but after the 36 month period began.

YES      NO
If YES, disqualify the individual.
If NO, enter the number of total months (one or two) the individual has already participated without meeting the RTW.

If any member is disqualified for failure to comply with the RTW, the household will be notified:

• Why the member has been disqualified;
• How the member may comply with the RTW;
• That the household must advise the county if this member complies with the RTW;
• Who is exempt from the RTW; and
• That the household must advise the county if this member becomes exempt from the RTW.

If any member is disqualified presumptively, the household will also be notified:

• When the disqualification will be imposed; and
• That the disqualification may be avoided if the household member complies with the RTW or becomes exempt from the RTW before the specified date.

Individuals denied food stamp eligibility for failure to comply with the RTW can regain eligibility at any time if they become exempt from the RTW. See FSC 3900 for a list of individuals who are exempt from the RTW.

Any individual denied food stamp eligibility for failure to comply with the RTW can regain eligibility for a three consecutive month period if during a 30-day period the individual:

• Works 80 hours or more; or

• Participates in and complies with a WIA Program for 80 hours or more; or

• Participates in and complies with a Food Stamp E&T Program requirement other than a job search or a job search training program for 80 hours or more; or

• Participates in and complies with a Workfare Program under Section 20 of the Food Stamp Act or a comparable state or local program for any number of hours.

Once the individual has regained eligibility and the three-month period has begun, the individual may continue to participate until the end of the three-month period regardless of whether he or she continues to meet the RTW. However, other Food Stamp Program requirements will continue to apply.

The household must notify the county office when a disqualified individual goes to work or otherwise meets the RTW. The household is the primary source of information about any member meeting the RTW. Should a household report independent of the semi-annual report that a member has met the RTW, the county worker has ten days to determine compliance. If yes, the compliant member will be added back to the food stamp case.

If this information is reported via the semi-annual report, the normal processing standards will apply.

Clients who are referred to the E&T Program may participate in one or more of the following components:

Independent Job Search – Participants make a pre-determined number of inquiries to prospective employers over a specified period of time. 

Job Search Training – Participants undergo a job skills assessment. Resume development, interview coaching and job leads may be provided. Skills testing may be conducted. Participants may be provided employment counseling, motivational techniques, and effective job search method and instructions in a group setting. Participants may be assigned an employment counselor or case manager who works with the participant on a one-to-one basis.

Education – Participants may be enrolled in education programs or activities designed to help the participant improve basic skills including reading and math, acquire a high school diploma or GED, learn the English language, or gain occupational skills including but not limited to work keys and self-guided computer-assisted learning programs. Participants may also be enrolled in short courses such as, but not limited to, certified nursing assistant training or post-secondary vocational training (limited to 12 months).

Work Experience or OJT– Participants participate in unpaid or subsidized work experience or on-the-job training to prepare themselves for unsubsidized employment.

Vocational Training – Vocational training at the post-secondary level may be available for participants who may benefit from such training.

Work registration of food stamp recipients is completed at initial certification and at each recertification when the food stamp application form is signed. Registration must also occur at the time of a reported change, semi-annual report, or recertification when a member of an active case loses an exemption. Household members subject to the work registration requirement will be notified via a Notification of Work Registration (DCO-260).

In selected counties, all food stamp recipients who are subject to the Requirement to Work (RTW) will be referred to the E&T Program.  This includes all able-bodied adults without dependent children (ABAWDs) who are not employed at least 20 hours per week. 

Specifically, able-bodied adults age 18 through age 49 will be referred to the E&T Program if none of the following four conditions are met:

1.      The able-bodied adult is the natural, adoptive or step-parent of a minor dependent child age 17 or younger who is included in their food stamp household; or

2.      The able-bodied adult is a pregnant woman; or

3.      The able-bodied adult is working 20 hours or more per week; or

4.      The able-bodied adult is otherwise exempt from the work registration requirements of FSC 3100.  (An able-bodied adult may be otherwise exempt if he or she cares for an incapacitated person of any age, receives unemployment benefits, participates in a drug addiction or alcoholism treatment and rehabilitation program, or attends a high school or an institution of post secondary education on at least a half-time basis.

See FSC 3500, item 3, for a definition of a disabled individual as applicable to the RTW.

For example, a mother or a father of minor children who is out of work may volunteer to participate in the E&T Program if he or she is subject to the work registration requirements. An E&T volunteer will be offered assistance with finding a job or may be able to secure education or job skills training. The county office worker will offer to refer all work-registered food stamp participants who are not subject to the RTW. There will be no penalty imposed if this individual refuses the referral or fails to participate in the E&T Program.

Referrals will be made at application (initial and recertification), semi-annual report and reported change. Referrals will also be made at reported change or semi-annual report if a household member has become subject to the requirement to work (RTW). Referrals will be made even if the county has been selected as an RTW "waiver county" or the individual has been granted an RTW personal exemption.

County office workers will use a Referral Form and Participation Record (DCO-205) to refer appropriate household members to the E&T Program. A Notification of Work Registration (DCO-260) will be given to the household to serve as the registrant’s "notice" and to explain the E&T Program to the registrant. The DCO-205 will be mailed to the DWE location for that county. See PD FSC 03-03 (or the most recent E&T directive) for a list of addresses.

DHS provides the Department of Workforce Education a system-generated list of able-bodied adults without dependent children (ABAWDS) who are subject to the requirement to work (RTW) each month.  E&T referrals occur at certification, recertification and reinstatement of SR cases.  Household members with the work participation code “Mandatory E&T” or “Mandatory – Food Stamps” are selected for automated referral if:

·        None of the following General Client Characteristics were selected:  Felony Drug Conviction, Fleeing Felon, Fraud-IPV Conviction, Ineligible Student, Parole Violator, or Probation Violator;

·        The member status code is “Active”;

·        No disability indicator has been selected for the member;

·        The member is at least age 18 but no older than age 49; and

·        There are no household members age 17 or younger.

DHS county office workers must use the proper characteristic for work registrants who are not subject to the RTW.  The characteristics to be used are shown in following chart:

The local E&T Coordinator will be provided with a CD containing a list of referrals and a separate report containing the following information about each household member selected as a mandatory E&T referral:

• Member Name
• Member SSN
• Casehead Name
• Casehead SSN
• Address
• Telephone Number (If available)
• Beginning month in certification period
• Ending month in certification period
• Total by county

A CD with a copy of the list of referrals will be provided to the Food Stamp Section and to the DHS County Office.

A list of individuals who are no longer mandatory E&T referrals will be provided on a CD to each E&T Program Coordinator.  This list will be compiled by comparing the list of current food stamp recipients to the current file of E&T referrals.  If a member who was a mandatory E&T referral no longer appears on the list of current food stamp recipients OR a member no longer meets the criteria to be a mandatory referral, that member will be listed as an “E&T Closure” on the list of closures.  This information will appear on the list of closures:

•     Member SSN

• Casehead Name
• Casehead SSN
• Beginning month in certification period
• Ending month in certification period
• Total by county

A CD containing a copy of the report will be provided to the Food Stamp Section and to the DHS County Office.

3621.1       County Office Responsibilities                                                              

DWE will not be reimbursed for costs incurred by an E&T Program participant who is no longer participating in the Food Stamp Program.  Therefore, it is extremely important that DWE be notified when a food stamp case containing an E&T Program participant is closed because the household is ineligible, because the semi-annual report was not processed, or for any other reason.  A list of closures is provided to DWE as described in FSC 3621.  However, the following changes must be reported to DWE:

•  Address changes must be reported if a household member is participating in the E&T Program and the household reports the address change during the household’s certification period.  (This includes address changes reported on the semi-annual report.) 

•  Changes in household composition must be reported if an E&T Program participant, either a mandatory referral or a volunteer, is dropped from an active case during a certification period.  (This includes individuals whose status is changed from an eligible to an ineligible member due to disqualification, etc.) 

The DHS county office worker will notify DWE of these changes on the Referral Form and Participation Record (DCO-205). 

DHS county office workers must continue to manually refer the following individuals to the work-registered, non-exempt ABAWDs to the local E&T Office:

• ABAWDs added to a food stamp case as the result of a reported change including those changes reported on the Semi-Annual Report. 

•  ABAWDs who live in a household that contains a minor household member.  (During the automated referral selection process, these members are by-passed and will not be automatically referred to the E&T Program.  The worker must do this manually.)

Any food stamp recipient who is work registered but not classified as an ABAWD may participate in the E&T Program as a volunteer.  For example, a parent of a minor child could be referred to the E&T Program if he or she is work-registered and wishes to volunteer.  Or, a child age 16 or 17 who is not in school and who is work registered could be referred to the E&T Program if he or she wishes to volunteer.  Volunteers who are work registered may be reimbursed for any expenses related to E&T participation.  The reimbursement rate for work-registered volunteers is the same as the reimbursement rate for ABAWDs who participate in the Program:  A maximum or $285.00 per calendar month for all reimbursements - transportation, books, tuition, etc.  County offices must continue to manually refer work registrants other than ABAWDs to the E&T Program if the work registrant wishes to volunteer.

Each E&T participant will be eligible to receive reimbursement for transportation necessary to enable the individual to comply with required component activities. Reimbursement for transportation will be based on actual expenses of $.34 per mile or the actual costs (e.g., for bus service or transportation provider) up to the maximum allowed per calendar month per participant. (The $.34 cent mileage reimbursement rate was effective 10-01-04).

Other expenses related to E&T Program participation such as uniforms, boots, tuition, may be reimbursed when such reimbursements are requested by the local DWE office that is operating the E&T Program. These requests must be handled on a case-by-case basis. Payment must be authorized through the WISE system and paid directly to the vendor, unless verification is provided by DWE that this was indeed an out-of-pocket expense paid by the participant. The worker will utilize instructions contained in the On Line Wise help when authorizing reimbursement payments and generating checks for customers and providers for expenses other than transportation. See FSC 3631 for instructions on authorizing transportation costs. If a provider is providing services for more than one participant, a separate entry for each person must be keyed to RSRP in order for a check to be generated.

Total monthly E&T reimbursement may not exceed $285 per client per calendar month. This includes both transportation costs and other costs. This reimbursement will not be counted as income in the food stamp budget. See [FSC 5411].

Questionable claims for reimbursement should be referred to the Food Stamp Program Manager for resolution.

Each month that an E&T Program participant incurs a transportation expense, the E&T Program participant must complete a Travel Reimbursement Documentation (DCO-243) and page one of the Billing and Routing Sheet (DHS-0187). (It will not be necessary to complete page 2 of the DHS-0187.) The DCO-243 and DHS-0187 may be completed in the DWE Adult Education Office when the client goes there for E&T Program services.

When an E&T Program participant uses his or her own car for E&T related travel, sections A, Band C of the DHS-0187 must be completed by the participant. (The DCO-243 will be attached as documentation of the travel.) When an E&T Program participant pays someone else to transport him or her, Sections A, B and C of the DHS-0187 must be completed and documentation of transportation cost must be attached. If public transportation is used, a copy of the bus ticket or a receipt should be attached. If the participant pays another individual to furnish transportation, that individual must provide a signed statement indicating the dates on which transportation was provided and the amount paid for the transportation.

The DWE worker will not sign or date the DHS-0187. Instead, the form will be forwarded to the DHS county office. The DHS county office worker will sign the form in the area entitled "DHS Authorized Signature" and will authorize the payment via the WISE system. (Instructions may be accessed via Online Wise Help.)

NOTE: Each time a reimbursement is to be authorized, the worker must check the client's mailing address displayed on WISE to be sure it is the current/correct one. The WISE mailing address needs to be corrected before a reimbursement check is authorized.

Participation in the Food Stamp E&T Program is voluntary. No individual will be penalized for failure or refusal to participate in the Food Stamp E&T Program even if the DWE worker furnished this information to the DHS county office.

When a DWE worker becomes aware that an E&T Program participant has gone to work, the DWE worker will notify the DHS county office. This information will be processed at the next quarterly report.

FSC 3650 was deleted effective 06/01/05 

Workfare requires certain nonexempt work registrants to perform public service activities as a condition for receiving food stamp benefits. The primary goal of Workfare is to improve employability, thereby enabling individuals to move into regular employment. Workfare is operated jointly by a state or political subdivision and the Food and Nutrition Service of USDA. A political subdivision is any local government, including but not limited to, any county, city, town or parish. FNS must approve Workfare plans prior to implementation of the program.

Political subdivisions approved to operate Workfare are called Workfare sponsors.

Fifty percent of all administrative costs incurred by the Workfare sponsor will be funded by the federal government. Participant’s costs will be reimbursed up to, but not in excess of, $25.00 per month. (See [FSC 3751].) Costs that are not reimbursable include: equipment, capital expenditures, tools or materials used in connection with the work, the costs of supervising Workfare participants, the costs of reimbursing participant’s meals, or participant expenses in excess of $25.00 per month.

The State will disburse federal funds used for the Workfare Program. The State will assure that records to support these financial claims are being maintained by the Workfare sponsor.

The Workfare sponsor is responsible for interviewing and assessing eligible recipients, establishing job sites, assigning recipients to appropriate job sites, and making initial determinations of good cause or no good cause for failure to comply with Workfare obligations. Workfare job sites may only be located in public or private, non-profit agencies. Contractual agreements must be established between the Workfare sponsor and the job site.

All persons employed in Workfare must receive job-related benefits to the same extent as others who are similarly employed. These are benefits related to the actual work being performed, such as worker’s compensation. These are not benefits related to employment such as health benefits. Of those benefits required to be offered, any elective benefit that requires a cash contribution will be optional to Workfare participants.

NOTE: The cost of Worker’s compensation or comparable protection provided to participants by the Workfare sponsor is a matchable cost. However, whether or not this coverage is provided, in no case is the federal government considered to be the employer in a Workfare Program, unless a federal agency is the job site. The Department of Agriculture does not assume liability for any injury to or death of a Workfare participant while on the job.

Workfare participants must be provided the same working conditions as others who are similarly employed. Health and safety conditions must conform with Sec. 2(a) (3) of the Service Contract Act of 1965 (P.L. 89-286).

Workfare participants will not be assigned work that has the effect of replacing or preventing the employment of an individual not participating in Workfare. This means that vacancies due to hiring freezes, terminations, or layoffs will not be filled by a Workfare participant unless such vacancies are a result of funds insufficient to sustain former staff levels.  Workfare jobs must not in any way infringe on the promotional opportunities that would otherwise be available to regular employees.

Workfare jobs will not be related in any way to political or partisan activities. Although Workfare participants may be assigned to work for an elected official, they may not engage in work that could be construed as political, such as campaign work.

Workfare assignments will take into consideration previous training, experience and skills of participants. This information shall be obtained from the participant during the initial interview with the Workfare administrator.

The DCO county office worker will determine at certification, recertification or submission of a completed semi-annual report which household members are required to participate in the Workfare Program

Any household member who is not exempt from the work registration requirements as specified in [FSC 3200] may be required to participate in the Workfare Program. See [FSC 3730] below.

Exception 1: Recipients of TEA cash assistance who are not otherwise exempt from the work registration requirements may be required to participate in a Workfare Program if he or she participates less than 20 hours per week in a TEA work requirement activity.

Exception 2: Unemployment benefit applicants and recipients who are not otherwise exempt from the work registration requirements may be required to participate in a Workfare Program.

If a Workfare Program participant is unable to report for job scheduling, to appear for scheduled Workfare employment or to complete their entire Workfare obligation due to compliance with an unemployment or TEA Program work requirement, that inability will not be considered as a refusal to accept Workfare employment. The Workfare sponsor must reschedule the missed activity. If the rescheduled activity cannot be completed before the end of the month, that must not be considered as cause for disqualification.

Normally, a household's Workfare obligation begins when the county worker determines that a certified household contains a member who is subject to the Workfare requirement. This obligation ends when all household members become exempt or when the household moves from the county, or when the food stamp case is closed for any reason. A household is considered to have good cause for not completing any remaining hours of obligation after case closure.

Only one member per household will be required to participate in Workfare at a given time. If there is more than one household member who is subject to the work registration requirements, the household selects which household member will participate in the Workfare Program. This individual is considered to be the household’s prime designee. In households having more than one member subject to Workfare, another household member who is Workfare eligible may fulfill the Workfare obligation if the original designee does not. (See [FSC 3760].) The Workfare office, which is notified of all Workfare eligible household members via the referral form, should report a change in designees to the local DHS county office. However, it is not necessary that the DHS county office be notified prior to the work obligation being completed by another eligible designee.

The household's obligation of work hours each month will be calculated by dividing the household's authorized monthly food stamp benefit amount (before recoupment) by the current federal minimum wage. Fractions are rounded down.

A food stamp recipient may be required to work no more than 30 hours per week. This maximum may be exceeded only with the recipient's consent. The recipient must be informed in writing that such work is purely voluntary on his/her part, and no monetary compensation or other benefits for such work should be expected. In any case, the total weekly average for the month must not exceed 30 hours per week. Recipients working for compensation either full-time or part-time or recipients participating in the Food Stamp E&T Program may not be required to exceed 30 hours of work each week including E&T Program activities. No participant may be required to work more than 8 hours per day except with his/her consent.

The household's hours of obligation for any given month will not be carried over into another month except when the household wishes to end a disqualification due to noncompliance with Workfare as explained in FSC 3760.

The DHS county office determines Workfare eligibles and makes referrals. The worker will determine at certification or recertification which household members are subject to work registration as per FSC 3200-3290. Once these persons are identified, the worker will:

1. Notify the household of the work registration requirements via Notification of Work Registration (DCO-260) if necessary. See FSC 3300-3310.2.
2. Determine if a household member is subject to Workfare using the criteria in FSC 3710. If more than one member is subject to Workfare, the household must designate the member who will be responsible for the Workfare obligation. This member, who is the prime designee, does not have to be interviewed in the county office; however, when the household makes a change in designee, the DHS County Office should be notified.
3. Complete the Referral/Change (DCO-207) in accordance with instructions on the form. Calculate the hours of obligation in accordance with [FSC 3720]. This will be done at certification, recertification or submission of a semi-annual report when the reported change will affect the food stamp benefit amount and the Workfare obligation. The DCO-207 will be routed to the Workfare Office within five days of date of completion
4. Establish a job search period of 10 days. The job search period must follow certification and must end before the Workfare assignment is made. Job search periods are only established when an individual is referred to Workfare for the first time or when an individual is referred again following a period of nonparticipation in Workfare. A job search period is established at application but not at recertification or submission of quarterly report.
5. Prepare a Notification of Workfare Obligation (DCO-208). Issue a copy to the prime designee as official notification of Workfare obligation.
6. Advise the household of the responsibilities listed below:

• The participant is expected to look for a job if a job search period is established.

• The participant must report to scheduled appointments and participate in Workfare activities as directed by the Workfare Sponsor.

• The participant must advise the Workfare sponsor's office in advance if he or she is unable to keep scheduled appointments due to unavoidable circumstances such as illness, household emergency, etc.

(These responsibilities are explained on the DCO-208.)

7. Inform the household of the affect of any changes on Workfare obligation.
8. Advise the Workfare sponsor within 5 days of the date a change was processed and how this change will affect a household's Workfare obligation. This also includes changes in prime designee, head of household and case closures.
9. Provide the following information to the Workfare sponsor when the sponsor reports a participant has obtained employment:

1. The food stamp benefit amount prior to the change; and
2. The food stamp benefit amount after the change.

The information will be used by the Workfare Sponsor to calculate the amount of enhanced reimbursement as instructed in FSC 3710.

10. Make final determination on good cause requests as explained in FSC 3763.
11. Act on reports of noncompliance as described in FSC 3750-3753.

FSC 3700-3710 gives a general explanation of the Workfare sponsor's responsibilities for administering the Workfare Program.

Specific Workfare sponsor responsibilities and the policy section in which they are explained are listed below:

• Assigning participants .............................................FSC 3751
• Monitoring the program ..........................................FSC 3752
• Making reports ......................................................FSC 3752
• Reporting noncompliance .......................................FSC 3761
• Determining good cause .........................................FSC 3763
• Reestablishing eligibility after sanction .....................FSC 3766

The Workfare sponsor will be notified via a Workfare Transmittal (DCO-207) of the household's Workfare obligation.

An interview with the prime designee will be scheduled by the Workfare sponsor to obtain information regarding the training, experience and skills of the designee. These factors will be taken into account when the designee is assigned to a job site.

The Workfare sponsor will notify the prime designee of where and when to report to the Workfare site. Additionally, the prime designee must be given:

1. The name of the person to whom the designee is to report;
2. A description of the duties for the worksite; and
3. A statement of the number of hours to be worked each month.

Participants must be reimbursed (not to exceed $25 per month) for transportation, child care, and other costs that are reasonable, necessary and directly related to Workfare. This includes costs of personal safety items or equipment required for performances of the work if also purchased by regular employees. Reimbursements for transportation may include, but are not limited to, use of participant's private vehicle and public transportation, provided cost per month does not exceed $25.

Participants who fail to report to scheduled interviews or to assigned job sites or who otherwise fail to comply with proper instructions from the Workfare sponsor will be advised by letter to contact the Workfare sponsor to make arrangements to complete their obligations.

If a participant fails or refuses to comply with the Workfare requirements, the Workfare sponsor will make a tentative assessment of good cause as explained in FSC 3763.

The Workfare sponsor will monitor participation and provide supervision as needed to participants placed on each job site.

1. The Workfare sponsor must maintain records of Workfare activity for each participant.  At a minimum, these records must contain job sites, hours assigned and hours completed.

2. The Workfare sponsor must maintain records of monitoring activity. These records must include:

1. The date of each monitoring visit and the name of the job site visited;
2. Any discrepancies discovered through monitoring;
3. The corrective action prescribed; and
4. The results of follow up monitoring to insure corrective action was implemented.

Each job site will be provided with a copy of the monitoring report.

3. The Workfare sponsor must maintain verification of:

1. Direct reimbursement to participants; and
2. Travel claimed by the Workfare Coordinator/transportation director as a reimbursement for job related costs.

The Workfare sponsor must report to the DHS County Office on a monthly basis the following information:

1. The number of households referred for Workfare;
2. The number of households assigned to job sites;
3. The number of individuals assigned to job sites; and
4. The total number of hours worked by all participants.

This information is used by the DHS County Office to complete the Quarterly Report (DCO-210).

The Workfare sponsor has discretion to establish a grievance procedure system to handle complaints filed by participants regarding working conditions or any other complaint related to Workfare participation - e.g. job duties assigned.

This procedure need not handle complaints that can be pursued through an administrative hearing as explained in FSC 3800. A participant who chooses not to use the optional grievance procedures may request an administrative hearing. A description of any optional grievance system must be included in the Workfare plan, and Workfare participants must be informed of the grievance procedure.

Any individual who fails or refuses to comply with a Workfare Program requirement without good cause will have committed a work registration violation. He or she will be disqualified from participating in the Food Stamp Program for three months for the first violation, six months for the second violation and twelve months for any subsequent violations. See [FSC 3410] for a full explanation.

No sanction will be imposed when:

• The prime designee has obtained full-time employment;

• The household has moved out of the county; or

• The case is closed.

See [FSC 3410] for applicable disqualification periods.

Upon receipt of an DCO-209 reporting noncompliance, the county worker will complete the following steps:

Step 1 - Using the DCO-209 submitted by the Workfare sponsor, determine if the household member had good cause for failure to comply. See [FSC 3762]. If yes, document the good cause in the case record and go to Step 3. If no, go to Step 2.

Step 2 - Issue a notice of adverse action as instructed in [FSC 3764]. Go to Step 3.

Step 3 - Notify the Workfare sponsor via the DCO-209 of the action taken on the case.

When an individual currently disqualified for Workfare noncompliance joins another food stamp household, his or her income and resources will be counted in their entirety; however, he or she will not be included as an eligible household member.

A Workfare disqualification will end when a disqualified household (or individual) moves into a county where no Workfare Program is operated.

A Workfare participant is considered to have administrative good cause for failing to complete his/her workfare obligation in the following situations:

• The participant is not yet available for scheduling due to the job search requirement cited in FSC 3740.
• The referral was received too late to schedule an interview for the current month.
• The participant never received an interview and/or work notice.
• The participant was interviewed too late in the month to be scheduled to work in the same month.
• The requirement is for too few hours to schedule.
• The household is currently under sanction.
• An administrative error resulted in the noncompliance.
• A worksite is not available.

A participant is also considered to have good cause for failure to complete a Workfare obligation when:

• The participant is ill.
• The illness or incapacitation of another household member requires the presence of the Workfare participant.
• A household emergency requires the presence of the participant.

• The participant would have been required to join, resign or refrain from joining any legitimate labor organization.
• The work offered is at a site subject to a strike or lockout unless the strike has been enjoined under section 208 of the Labor-Management Relation Act (commonly known as the Taft-Hartley Act) but no injunction has been issued under section 10 of the Railway Labor Act.

• The degree of risk to health and safety is unreasonable.

• The Workfare designee is physically or mentally unfit to perform the employment as documented by medical evidence or by reliable information from other sources.

• The distance to the job site is unreasonable because daily commuting time exceeds two hours per day.

• The working hours or nature of the employment interferes with the member’s religious observances, convictions, or beliefs.

• The participant has no transportation and transportation is not provided by the Workfare sponsor.

• The participant lacks adequate child care for children who have reached the age of six but are under the age of 12.

• The costs of transportation and other costs have exceeded $25 per month and the excess amounts are not reimbursed by the Workfare sponsor.

• There is no longer a Workfare eligible in the home.

• The participant's obligation to the Food Stamp E&T Program has prevented the completion of the Workfare obligation.

• For UI applicant or recipient, the participant's obligation to ESD has prevented the completion of the Workfare obligation.

• The Workfare sponsor notifies the county of the noncompliance more than 15 days following the date on which the noncompliance occurred.

Workfare eligibles who are pregnant or who have partial disabilities are referred to Workfare sponsors; however, the Workfare sponsor must be made aware of the pregnancy or partial disability via the DCO-207. The work assignment should be appropriate for the person's condition. If there are no appropriate assignments, this will be considered good cause for not completing the Workfare obligation.

If a participant develops a disabling condition which is obvious (e.g. - broken leg), the sponsor may grant probable good cause and document the reason on the DCO-209. If the disabling condition is not obvious, the determination of good cause will be the responsibility of the DHS county office. A doctor's statement must be obtained as explained in FSC 3230.

Good cause is determined by either the Workfare sponsor or the DHS worker on a monthly basis. The Workfare sponsor may grant administrative good cause to a household without notifying the county via Workfare Exchange of Information (DCO-209). See FSC 3762 for a definition of administrative good cause.

The Workfare sponsor may also tentatively grant good cause to a participant if the participant contacts the Workfare sponsor to report that he or she will not be able to complete his or her obligation. In these instances the Workfare sponsor will report the noncompliance and tentative granting of good cause or no good cause via the DCO-209. The DCO-209 will be reviewed by the DCO worker for a final good cause determination. Good cause will automatically be granted by the DCO worker if the notification of noncompliance is received more than 15 days following the date of noncompliance.

If the DCO worker determines that the participant had good cause for the noncompliance, the DCO-209 will be completed to reflect this decision and will be returned to the Workfare sponsor. No additional action will be required.

If the DCO worker determines that the participant did not have good cause, a notice of adverse action will be sent to the household. See FSC 3754 for instructions.

When the Workfare sponsor is unable to tentatively determine good cause or no good cause due to lack of information or conflicting information, the noncompliance will also be reported by DCO-209.

When a DCO-209 indicating possible good cause or no good cause is received, the DHS worker must review the case record to determine if good cause can be established.

If good cause cannot be established through a review of the case record, the household must be issued an advance notice of adverse action. The notice must contain the information specified in FSC 3754.

When the Workfare sponsor receives a report that a Workfare participant is employed, this information must be reported to the DHS county office via the DCO-209. If the name of the employer is known, this information will be included on the DCO-209. Within 10 days of the date of the receipt of a DCO-209 reporting employment, the DCO worker must review the case record and take the appropriate action.

If full-time employment has been reported to the DHS county office, the household will be granted good cause for any noncompliance. If less than full-time employment has been reported, good cause cannot be granted automatically. A notice must be sent to the household if additional information is needed to determine whether the household had good cause.

If employment has not been reported by the household, the DHS worker will attempt to confirm the reported employment by contacting the employer or other collateral contact. Reports of earned income from Workfare sponsors will be handled in the same way as reports of earnings from field investigators. See FSC 12440 for details. If the DHS worker is not able to confirm the report of earned income, the DCO-209 will be handled as a report of Workfare noncompliance. The household will be sanctioned unless good cause for the noncompliance is established. 

Within 10 days of determining that a household has failed to comply with Workfare, the DHS worker will issue a notice of adverse action to the household. The notice may be combined with a request for information in order to determine if the household had good cause for noncompliance.

When the prime designee or other Workfare eligible has failed to comply with Workfare without good cause, the notice of adverse action must specify:

• Who failed to comply with Workfare;
• That as a result, the household will be disqualified;
• How long the disqualification will last; and
• How he or she may avoid the sanction by working off the outstanding obligation. (The notice must provide a name and telephone number for the household to contact about working off the obligation.)

If it has not been established whether the Workfare eligible had good cause for the noncompliance, the notice must state:

1. Who failed or refused to complete the Workfare obligation;
2. That this person has not established good cause for the noncompliance;
3. That the household must contact the DHS worker within 10 days to establish if the Workfare participant had good cause for the noncompliance; and
4. That unless good cause is established, the non-compliant household member will be disqualified for two months for each month of noncompliance.

NOTE: The notice must specify any information needed to establish good cause.

To avoid the imposition of the sanction, the member who failed or refused to comply with the Workfare requirements must report to the Workfare sponsor during the ten-day notice period. The Workfare administrator will make arrangements with the participant to work off the outstanding obligation.

If the Workfare office cannot or does not allow a participant to work off an obligation, the county will not impose a sanction.

If the Workfare eligible demonstrates to the Workfare sponsor within the ten-day advance notice period that he or she is in compliance, the Workfare administrator will immediately notify the DHS worker in writing, and no sanction will be imposed.

If the individual does not contact the Workfare office or does not comply with Workfare, a sanction will be imposed as instructed in FSC 3760 through FSC 3764.

A Workfare disqualification that has been imposed against the non-compliant household member may be lifted when at least one of the following conditions is met.

Condition 1 The disqualified household member agrees to work off the obligation.

Condition 2 The disqualified household member is no longer subject to the Workfare requirement and/or work registration requirements. (This does not include exemptions related to receipt of UI or TEA benefits. See [FSC 3710].)

Condition 3 The household is residing in a county that has no Workfare Program.

Condition 4 The sanction was imposed in error. If a household member was disqualified due to an error on the part of either the Workfare sponsor or the Food Stamp office, the DHS worker must reopen the case using the information on the last application, restore any lost benefits and notify the household.

At the end of disqualification, the disqualified household member must be re-added to the food stamp household as an eligible member. If this member is not exempt from the Workfare Program requirements, he or she must be referred to the Workfare Program. If he or she again fails or refuses to comply with the Workfare Program requirements, another sanction will be imposed.

Each quarter, the DHS county office must submit to the Food Stamp Section, Central Office, a Workfare Quarterly Report (DCO-210.) Reports are due within 30 days of the end of the quarter.

A Workfare sponsor may share in benefit reductions that occur when a Workfare participant begins employment while participating in Workfare for the first time or within thirty days of ending the first participation in Workfare.

• To begin employment means to appear at the place of employment and to begin working.
• First participation in Workfare means performing work for the first time in a particular Workfare Program. The only break in participation which will not end a first participation is a break due to the participant's taking a job that: a) does not affect the household's monthly food stamp benefits by an entire month's wages; and b) that is followed by a return to Workfare.

The Workfare sponsor must calculate benefit reductions from each Workfare participant's employment as follows:

1. Unless there are household changes known to the Workfare sponsor, the benefit reduction will based on the difference between the household’s food stamp benefit amount the month before the job began and the first monthly benefit amount that reflects a full month’s income from the job.
2. If the Workfare sponsor is aware of household changes that occurred after the job began or if food stamp benefits were not issued after the job began, a food stamp budget must be calculated to reflect the effects the new job without regard to the other changes. To calculate such a budget the worker must recalculate the budget used the month before the new job began and add the earnings from the new job. For this budget, the earned income deduction must reflect the earnings from the new job plus any pre-existing employment. Any dependent care costs incurred as a result of the new job will be allowed. If TEA cash assistance decreased as a result of the new job, the reduced TEA cash assistance amount will be shown in the budget. The benefit reduction will be the difference between the original benefit amount and the recalculated benefit amount. If the household is ineligible, the reduction will equal the household’s entire benefit amount.

3. The political subdivision's share of the benefit reduction is three (3) times the difference, divided by two.
4. If, during these procedures, an error is discovered in the last food stamp benefit amount issued before the new employment began, then those benefits must be corrected before the savings are calculated.

To claim and receive the enhanced reimbursement, the procedure for reimbursing Workfare's regular expenses will be used. Totals of benefit reductions for the period covered by the claim will be entered in the miscellaneous section of the claim document. The Workfare sponsor must be prepared to make available for review all documentation to support each claim.

Enhanced reimbursement is limited to the amount of the actual unreimbursed costs for the fiscal year in which the participant began the job which resulted in the savings.

Example 1 The household's monthly food stamp benefits at the time the Workfare participant went to work were $240. The monthly benefit amount is reduced to $93 as a result of the earnings.

The enhanced reimbursement is calculated as follows:

         $240 - 93 = $147 x 3 = 441 ÷ 2 = $220.50.

The amount claimed as enhanced reimbursement is $220.50.

Example 2 The household's monthly benefits at the time the Workfare participant went to work were $83. Two additional household members were added prior to earnings. After changes were made, the benefits increased to $102. There would be no enhanced reimbursement.

All decisions regarding work registration, Requirement to Work (RTW) or Workfare determinations may be appealed through the administrative hearing process explained in FSC 16300 - 16330.

The Workfare sponsor must be available to participate if a hearing about a Workfare noncompliance is scheduled. The DHS County Office must provide the Workfare sponsor with advance notice of the time and place of the hearing.

When a participating household appeals the county's decision regarding failure or refusal to comply with work registration, RTW or Workfare requirement within the notice period, benefits will be continued providing:

1. The household did not waive continuation of benefits; and
2. The household's certification period has not expired. (Certification periods cannot be extended to accommodate continuation of benefits.)

The county office worker will restore lost benefits to the household if the hearing decision is in the household's favor and continued benefits were waived. If the hearing decision is in the county's favor and the household's benefits were continued during the hearing process, the disqualification will be imposed as soon as possible.