45 C.F.R. Subpart C—What Are the Work Activities and How Do They Count?
Title 45 - Public Welfare
The work activities are: (a) Unsubsidized employment; (b) Subsidized private-sector employment; (c) Subsidized public-sector employment; (d) Work experience if sufficient private-sector employment is not available; (e) On-the-job training (OJT); (f) Job search and job readiness assistance; (g) Community service programs; (h) Vocational educational training; (i) Job skills training directly related to employment; (j) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; (k) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, if a recipient has not completed secondary school or received such a certificate; and (l) Providing child care services to an individual who is participating in a community service program. (a) A work-eligible individual counts as engaged in work for a month for the overall rate if: (1) He or she participates in work activities during the month for at least a minimum average of 30 hours per week; and (2) At least 20 of the above hours per week come from participation in the activities listed in paragraph (b) of this section. (b) The following nine activities count toward the first 20 hours of participation: Unsubsidized employment; subsidized private-sector employment; subsidized public-sector employment; work experience; on-the-job training; job search and job readiness assistance; community service programs; vocational educational training; and providing child care services to an individual who is participating in a community service program. (c) Above 20 hours per week, the following three activities may also count as participation: Job skills training directly related to employment; education directly related to employment; and satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence. (d) We will consider a work-eligible individual who participates in a work experience or community service program for the maximum number of hours per week that a State may require by dividing the combined monthly TANF grant and food stamp allotment by the appropriate minimum wage under the minimum wage requirement of the Fair Labor Standards Act (FLSA) to have participated 20 hours per week if actual participation falls short of 20 hours per week. This policy is limited to States that have adopted a food stamp workfare program and a Simplified Food Stamp Program. For families that need additional hours beyond the core activity requirement, these hours must be satisfied in some other TANF work activity. [71 FR 37477, June 29, 2006] (a) Subject to paragraph (d) of this section, a family with two work-eligible parents counts as engaged in work for the month for the two-parent rate if: (1) Work-eligible parents in the family are participating in work activities for a combined average of at least 35 hours per week during the month, and (2) At least 30 of the 35 hours per week come from participation in the activities listed in paragraph (b) of this section. (b) The following nine activities count for the first 30 hours of participation: Unsubsidized employment; subsidized private-sector employment; subsidized public-sector employment; work experience; on-the-job training; job search and job readiness assistance; community service programs; vocational educational training; and providing child care services to an individual who is participating in a community service program. (c) Above 30 hours per week, the following three activities may also count for participation: Job skills training directly related to employment; education directly related to employment; and satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence. (d) We will consider a family with two work-eligible parents in which one or both parents participate in a work experience or community service program for the maximum number of hours per week that a State may require by dividing their combined monthly TANF grant and food stamp allotment by the appropriate minimum wage under the minimum wage requirement of the Fair Labor Standards Act (FLSA) to have participated 30 hours per week if actual participation falls short of 30 hours per week. This policy is limited to States that have adopted a food stamp workfare program and a Simplified Food Stamp Program. For families that need additional hours beyond the core activity requirement, these hours must be satisfied in some other TANF work activity. (e)(1) If the family receives federally funded child care assistance and an adult in the family is not disabled or caring for a severely disabled child, then the work-eligible individuals must be participating in work activities for an average of at least 55 hours per week to count as a two-parent family engaged in work for the month. (2) At least 50 of the 55 hours per week must come from participation in the activities listed in paragraph (b) of this section. (3) Above 50 hours per week, the three activities listed in paragraph (c) of this section may also count as participation. (4) We will consider family with two work-eligible parents receiving federally funded child care in which one or both parents participate in a work experience or community service program for the maximum number of hours per week that a State may require by dividing their combined monthly TANF grant and food stamp allotment by the appropriate minimum wage under the minimum wage requirement of the Fair Labor Standards Act (FLSA) to have participated 50 hours per week if actual participation falls short of 50 hours per week. This policy is limited to States that have adopted a food stamp workfare program and a Simplified Food Stamp Program. For families that need additional hours beyond the core activity requirement, these hours must be satisfied in some other TANF work activity. [71 FR 37477, June 29, 2006] (a) Vocational educational training may only count for a total of 12 months for any individual. (b)(1) A recipient who is married or a single head-of-household under 20 years old counts as engaged in work in a month if he or she: (i) Maintains satisfactory attendance at a secondary school or the equivalent during the month; or (ii) Participates in education directly related to employment for an average of at least 20 hours per week during the month. (2)(i) For a married recipient, such participation counts as the greater of 20 hours or the actual hours of participation. (ii) If both parents in the family are under 20 years old, the requirements at §261.32(d) are met if both meet the conditions of paragraphs (b)(1)(i) or (b)(1)(ii) of this section. (c) In counting individuals for each participation rate, not more than 30 percent of individuals engaged in work in a month may be included in the numerator because they are: (1) Participating in vocational educational training; and (2) In fiscal year 2000 or thereafter, individuals deemed to be engaged in work by participating in educational activities described in paragraph (b) of this section. Yes. There are four limitations concerning job search and job readiness. (a) Except as provided in paragraph (b) of this section, an individual's participation in job search and job readiness assistance counts for a maximum of six weeks in any fiscal year. (b) If the State's total unemployment rate is at least 50 percent greater than the United States' total unemployment rate or if the State meets the definition of a needy State, specified at §260.30 of this chapter, then an individual's participation in job search and job readiness assistance counts for a maximum of 12 weeks in that fiscal year. (c) An individual's participation in job search and job readiness assistance does not count for a week that immediately follows four consecutive weeks of such participation in a fiscal year. (d) Not more than once for any individual in a fiscal year, a State may count three or four days of job search and job readiness assistance during a week as a full week of participation. Yes. A single custodial parent or caretaker relative with a child under age six will count as engaged in work if he or she participates for at least an average of 20 hours per week. A welfare reform waiver could affect the calculation of a State's participation rate, pursuant to subpart C of part 260 and section 415 of the Act.
Title 45: Public Welfare
PART 261—ENSURING THAT RECIPIENTS WORK
Subpart C—What Are the Work Activities and How Do They Count?
§ 261.30 What are the work activities?
§ 261.31 How many hours must a work-eligible individual participate for the family to count in the numerator of the overall rate?
§ 261.32 How many hours must work-eligible individuals participate for the family to count in the numerator of the two-parent rate?
§ 261.33 What are the special requirements concerning educational activities in determining monthly participation rates?
§ 261.34 Are there any limitations in counting job search and job readiness assistance toward the participation rates?
§ 261.35 Are there any special work provisions for single custodial parents?
§ 261.36 Do welfare reform waivers affect the calculation of a State's participation rates?
