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
application. The State agency must screen applicants to determine if it is appropriate to participate in E&T in accordance with paragraph c2 of this section, provide the applicant with participant reimbursements in accordance with d4 of this section, and inform the applicant of E&T
participation requirements including how to access the component and consequences for failing to participate.
The State agency must not impose requirements that would delay the determination of an individuals eligibility for benefits or in issuing benefits to any household that is otherwise eligible. In accordance with section 6o1C of the Food and Nutrition Act of 2008 and 273.24, supervised job search and job search training, when offered as components of an E&T program, are not qualifying activities relating to the participation requirements necessary to fulfill the ABAWD work requirement under 273.24. However, job search, including supervised job search, or job search training activities, when offered as part of other E&T program components, are acceptable as long as those activities comprise less than half the total required time spent in the components.
An E&T program offered by a State agency must include one or more of the following components:
i A supervised job search program.
Supervised job search programs are those that occur at State-approved locations at which the activities of participants shall be directly supervised and the timing and activities of participants tracked in accordance with guidelines issued by the State agency and summarized in their E&T State plan in accordance with paragraph c6i of this section. State-approved locations include any location deemed suitable by the State agency where the participant has access to the tools and materials they need to perform supervised job search. Tools used in the supervised job search program may include virtual tools, including, but not limited to, websites, portals, or web applications to access supervised job search services.
State agencies are encouraged to offer a variety of locations and formats to best meet participant needs, and to the extent practicable, allow participants to choose their preferred location.
Supervision can occur asynchronously with respect to the participants job search activities, but must be provided by skilled staff, either remotely or inperson, who provide meaningful guidance and support with at least monthly check-ins, and must be provided in such a way so as to best
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support the participant. State agencies have discretion to develop tracking methods that best meet the needs of the participant. Supervised job search activities must have a direct link to increasing the employment opportunities of individuals engaged in the activity. Job search that does not meet the definition of supervised job search is allowed as a subsidiary activity of another E&T component, so long as the job search activity comprises less than half of the total time spent in the component. The State agency may require an individual to participate in supervised job search from the time an application is filed for an initial period established by the State agency, so long as the criteria for serving applicants in this paragraph e2 are satisfied.
Following this initial period which may extend beyond the date when eligibility is determined the State agency may require an additional supervised job search period in any period of 12 consecutive months. The first such period of 12 consecutive months will begin at any time following the close of the initial period. The State agency may establish a supervised job search period that, in its estimation, will provide participants a reasonable opportunity to find suitable employment. The State agency should not, however, establish a continuous, year-round supervised job search requirement. If a reasonable period of supervised job search does not result in employment, placing the individual in a training or education component to improve job skills will likely be more productive. In accordance with section 6o1C of the Food and Nutrition Act of 2008 and 273.24, a supervised job search program is not a qualifying E&T
activity relating to the participation requirements necessary to maintain SNAP eligibility for ABAWDs. However, a job search program, supervised or otherwise, when operated under title I
of the Workforce Innovation and Opportunity Act WIOA, under section 236 of the Trade Act, or a program of employment and training for veterans operated by the Department of Labor or the Department of Veterans Affairs, is considered a qualifying activity relating to the participation requirements necessary to maintain SNAP eligibility for ABAWDs.
ii A job search training program that includes reasonable job search training and support activities. Such a program may consist of employability assessments, training in techniques to increase employability, job placement services, or other direct training or support activities, including educational
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programs determined by the State agency to expand the job search abilities or employability of those subject to the program. Job search training activities are approvable if they directly enhance the employability of the participants. A
direct link between the job search training activities and job-readiness must be established for a component to be approved. In accordance with section 6o1C of the Food and Nutrition Act of 2008 and 273.24, a job search training program is not a qualifying activity relating to the participation requirements necessary to maintain SNAP eligibility for ABAWDs. However, such a program, when operated under title I of WIOA, under section 236 of the Trade Act, or a program of employment and training for veterans operated by the Department of Labor or the Department of Veterans Affairs, is considered a qualifying activity relating to the participation requirements necessary to maintain SNAP eligibility for ABAWDs.
iii A workfare program as described in paragraph m of this section.
A The participation requirements of section 20b of the Food and Nutrition Act of 2008 and paragraphs m5iA
and B of this section for individuals exempt from SNAP work requirements under paragraphs b1iii and v of this section, are not applicable to E&T
workfare components.
B In accordance with section 20e of the Food and Nutrition Act of 2008 and paragraph m6ii of this section, the State agency may establish a job search period of up to 30 days following certification prior to making a workfare assignment. This job search activity is part of the workfare assignment, and not a job search program. Participants are considered to be participating in and complying with the requirements of workfare, thereby meeting the participation requirement for ABAWDs.
C The sharing of workfare savings authorized under section 20g of the Food and Nutrition Act of 2008 and paragraph m7iv of this section are not available for E&T workfare components.
iv A work experience program designed to improve the employability of household members through actual work experience or training, or both, and to enable individuals employed or trained under such programs to move promptly into regular public or private employment. Work experience is a planned, structured learning experience that takes place in a workplace for a limited period of time. Work experience may be paid or unpaid, as appropriate, and consistent with other laws such as the Fair Labor Standards Act. Work experience may be arranged within the
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