department of health and social services

Division of Social Services

Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)

final

ORDER

3006.4 TANF Employment and Training Activities Which Constitute Participation Under TANF

NATURE OF THE PROCEEDINGS:

Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to amend the Division of Social Services Manual (DSSM) regarding changes to Delaware’s Temporary Assistance for Needy Families (TANF) Employment and Training policies. The Department’s proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.

The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the January 2006 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by January 31, 2006 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.

Summary of Proposed Change:

Citation:

• Senate Bill 101, 140th General Assembly: Delaware Welfare Reform Education and Training Assistance Act

Background:

Senate Bill 101, effective July 2, 1999, allows participants in Delaware’s Temporary Assistance for Needy Families (TANF) program to engage in secondary education, post-secondary education, and vocational training as part of the work activity requirement. The participants in this program must be enrolled as full-time students, must be students in good standing, and will be required to have a combination of credit hours and work hours equaling at least 20 hours per week while they are in school. Participants must attend accredited or approved programs and will receive the same support services while in school, such as child care and transportation, as do other TANF participants. By enabling TANF participants to pursue secondary education, post-secondary education, and vocational training, Delaware will create a workforce that is more financially stable and less likely to need public assistance again, while at the same time increasing its tax revenue as these same people earn higher wages.

Summary of Proposal:

DSSM 3006.4, TANF Employment and Training Activities Which Constitute Participation Under TANF is updated to include 1.5 hours of study time for each credit hour in the calculation of participation for students who are attending education or training classes and do not meet the Blevins Bill requirements in section 3006.6. This change will help TANF E&T students meet their required participation.

Summary of Comments Received With Agency Response

The Governor’s Advisory Council for Exceptional Citizens (GACEC) and the State Council for Persons with Disabilities (SCPD) offered the following observation.

The regulations propose to add an authorization to count study time. TANF is an important program for low-income persons with disabilities and since this initiative will foster vocational studies, facilitate acquisition of college degrees, and support implementation of the Ticket to Work Act, Council strongly endorses the proposed regulation.

Agency Response: DSS thanks the Councils for their endorsement.

FINDINGS OF FACT:

The Department finds that the proposed changes as set forth in the January 2006 Register of Regulations should be adopted.

THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual regarding changes to Delaware’s Temporary Assistance for Needy Families (TANF) Employment and Training policies regarding students who do not meet the Blevins Bill requirements are adopted and shall be final effective March 10, 2006.

Vincent P. Meconi, Secretary, DHSS, 2/14/06

DSS FINAL ORDER REGULATION #06-10

REVISIONS:

3006.4 TANF Employment and Training Activities Which Constitute Participation Under TANF

The following are employment-related activities count as participation:

• Education, training and job search activities. Eligibility will be determined by the employment contractors.

• Pay-after-performance work experience, with the hours determined by dividing the benefits by the minimum wage, plus up to 10 hours of job search weekly;

• Regular school attendance or appropriate alternative activity (e.g., training or employment) for dependent children and minor parents;

• Job search may be required for applicants and recipients.

• Participation in Vocational Rehabilitation program for eligible recipients.

• Nursing or nursing assistant activities performed without pay are considered work experience.

• Other work-related activities that assist in obtaining or maintaining employment or improving work performance.

Education and Training

Students who do not meet the Blevins Bill requirements in section 3006.6 can receive 1.5 hours of study time for each credit hour if the education or training class requires homework and study time to be completed outside of class time. A 3-credit course would equal 7.5 hours of participation. (3 + (3 x 1.5) = 7.5.

If a recipient is attending training or a program that does not have a designated credit hour, a determination of the amount of study time required for this training will have to be determined independently. This will be reported on the General Activity Screen in the DCIS II Employment and Training sub-system. A question will ask if this activity requires study time, if it is answered yes, then a mandatory screen will appear to enter the amount of weekly study hours. The amount of study hours necessary will be determined by the contractor.

The student must be in good standing as it relates to attendance and achievement as defined by the program the student is attending.

Example: A participant who is working 15 hours a week and taking 2 three-credit classes will have a participation rate of 30 hours. (15 hours of work + 6 credit hours of class + 9 hours of study time.

9 DE Reg. 1372 (03/01/06) (Final)