Federal Register - January 5, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Rules and Regulations law, including requirements designed to ensure basic health and safety protections e.g., fire safety. An E&T
participant may refuse available appropriate dependent care as provided or arranged by the State agency, if the participant can arrange other dependent care or can show that such refusal will not prevent or interfere with participation in the E&T program as required by the State agency.
ii The State agency will reimburse the actual costs of transportation and other costs excluding dependent care costs it determines to be necessary and directly related to participation in the E&T program up the maximum level of reimbursement established by the State agency. Such costs are the actual costs of participation unless the State agency has a method approved in its E&T Plan for providing allowances to participants to reflect approximate costs of participation. If a State agency has an approved method to provide allowances rather than reimbursements, it must provide participants an opportunity to claim actual expenses up to the maximum level of reimbursements established by the State agency.
iii No participant cost that has been reimbursed under a workfare program under paragraph m7i of this section, title IV of the Social Security Act or other work program will be reimbursed under this section.
iv Any portion of dependent care costs that are reimbursed under this section may not be claimed as an expense and used in calculating the dependent care deduction under 273.9d4 for determining benefits.
v The State agency must inform all mandatory E&T participants that they may be exempted from E&T
participation if their monthly expenses that are reasonably necessary and directly related to participation in the E&T program, including participation in case management services and E&T
components, exceed the allowable reimbursement amount. Persons for whom allowable monthly expenses in an E&T component exceed the amounts specified under paragraphs d4i and ii of this section are not required to participate in that component. These individuals will be placed, if possible, in another suitable component in which the individuals monthly E&T expenses would not exceed the allowable reimbursable amount paid by the State agency. If a suitable component is not available, these individuals will be exempt from E&T participation until a suitable component is available or the individuals circumstances change and his/her monthly expenses do not exceed the allowable reimbursable amount paid
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by the State agency. Dependent care expenses incurred that are otherwise allowable but not reimbursed because they exceed the reimbursable amount specified under paragraph d4i of this section will be considered in determining a dependent care deduction under 273.9d4.
5 Workfare cost sharing. Enhanced cost-sharing due to placement of workfare participants in paid employment is available only for workfare programs funded under paragraph m7iv of this section at the 50 percent reimbursement level and reported as such.
6 Funding mechanism. E&T program funding will be disbursed through States Letters of Credit in accordance with 277.5 of this chapter. The State agency must ensure that records are maintained that support the financial claims being made to FNS.
7 Fiscal recordkeeping and reporting requirements. Total E&T expenditures are reported on the Financial Status Report SF425 using FNS778/FNS
778A worksheet in the column containing other expenses. E&T
expenditures are also separately identified in an attachment to the SF
425 using FNS778/FNS778A
worksheet to show, as provided in instructions, total State and Federal E&T
expenditures; expenditures funded with the unmatched Federal grants; State and Federal expenditures for participant reimbursements; State and Federal expenditures for E&T costs at the 50
percent reimbursement level; and State and Federal expenditures for optional workfare program costs, operated under section 20 of the Food and Nutrition Act of 2008 and paragraph m7 of this section. Claims for enhanced funding for placements of participants in employment after their initial participation in the optional workfare program will be submitted in accordance with paragraph m7iv of this section.
e Employment and training programs. Work registrants not otherwise exempted by the State agency are subject to the E&T program participation requirements imposed by the State agency. Such individuals are referred to in this section as E&T
mandatory participants or mandatory E&T participants. Requirements may vary among participants. Failure to comply without good cause with the requirements imposed by the State agency will result in disqualification as specified in paragraph f2 of this section. Mandatory E&T participants who receive an E&T provider determination in accordance with paragraph c18i of this section shall
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not be subject to disqualification for refusal without good cause to participate in mandatory E&T during the time specified in c18ii of this section.
1 Case management. The State E&T
program must provide case management services such as comprehensive intake assessments, individualized service plans, progress monitoring, or coordination with service providers which are provided to all E&T
participants. The purpose of case management services shall be to guide the participant towards appropriate E&T
components and activities based on the participants needs and interests, support the participant in the E&T
program, and to provide activities and resources that help the participant achieve program goals. Case management services and activities must directly support an individuals participation in the E&T program. Case management may include referrals to activities and supports outside of the E&T program, but State agencies can only use E&T funds for allowable components, activities, and participant reimbursements. The provision of case management services must not be an impediment to the participants successful participation in E&T. In addition, if the case manager determines a mandatory E&T participant may meet an exemption from the requirement to participate in an E&T program, may have good cause for non-compliance with a work requirement, or both, the case manager must inform the appropriate State agency staff. Also, if the case manager is unable to identify an appropriate and available opening in an E&T component for a mandatory E&T
participant, the case manager must inform the appropriate State agency staff.
2 Components. To be considered acceptable by FNS, any component offered by a State agency must entail a certain level of effort by the participants. The level of effort should be comparable to spending approximately 12 hours a month for two months making job contacts less in workfare or work experience components if the households benefit divided by the minimum wage is less than this amount. However, FNS may approve components that do not meet this guideline if it determines that such components will advance program goals. An initial screening by an eligibility worker to determine whom to place in an E&T program does not constitute a component. The State agency may require SNAP applicants to participate in any component it offers in its E&T program at the time of
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