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 title IVA work requirement, but the individual meets one of the work registration exemptions provided in paragraph b1 of this section, other than the exemption in paragraphs b1iii of this section, the State agency may, at its option, apply the identical title IVA disqualification on the individual under SNAP. The State agency must impose such optional disqualifications in accordance with section 6i of the Food and Nutrition Act of 2008 and with the provisions of 273.111.
i Good cause. 1 The State agency is responsible for determining good cause when a SNAP recipient fails or refuses to comply with SNAP work requirements. Since it is not possible for the Department to enumerate each individual situation that should or should not be considered good cause, the State agency must take into account the facts and circumstances, including information submitted by the employer and by the household member involved, in determining whether or not good cause exists.
2 Good cause includes circumstances beyond the members control, such as, but not limited to, illness, illness of another household member requiring the presence of the member, a household emergency, the unavailability of transportation, or the lack of adequate child care for children who have reached age six but are under age 12.
3 Good cause for leaving employment includes the good cause provisions found in paragraph i2 of this section, and resigning from a job that is unsuitable, as specified in paragraphs h1 and 2 of this section.
Good cause for leaving employment also includes:
i Discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs;
ii Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule;
iii Acceptance of employment by the individual, or enrollment by the individual in any recognized school, training program or institution of higher education on at least a half time basis, that requires the individual to leave employment;
iv Acceptance by any other household member of employment or enrollment at least half-time in any recognized school, training program or institution of higher education in another county or similar political
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subdivision that requires the household to move and thereby requires the individual to leave employment;
v Resignations by persons under the age of 60 which are recognized by the employer as retirement;
vi Employment that becomes unsuitable, as specified in paragraphs h1 and 2 of this section, after the acceptance of such employment;
vii Acceptance of a bona fide offer of employment of more than 30 hours a week or in which the weekly earnings are equivalent to the Federal minimum wage multiplied by 30 hours that, because of circumstances beyond the individuals control, subsequently either does not materialize or results in employment of less than 30 hours a week or weekly earnings of less than the Federal minimum wage multiplied by 30 hours; and viii Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work. There may be some circumstances where households will apply for SNAP
benefits between jobs particularly in cases where work may not yet be available at the new job site. Even though employment at the new site has not actually begun, the quitting of the previous employment must be considered as with good cause if it is part of the pattern of that type of employment.
4 Good cause includes circumstances where the State agency determines that there is not an appropriate and available opening within the E&T program to accommodate the mandatory participant. Good cause for circumstances where there is not an appropriate or available opening within the E&T program shall extend until the State agency identifies an appropriate and available E&T opening, and the State agency informs the SNAP
participant. In addition, good cause for circumstances where there is not an appropriate and available opening within the E&T program shall only apply to the requirement to participate in E&T and shall not provide good cause to ABAWDs who fail to fulfill the ABAWD work requirement in accordance with 273.24.
5 Verification. To the extent that the information given by the household is questionable, as defined in 273.2f2, State agencies must request verification of the households statements. The primary responsibility for providing verification, as provided in 273.2f5, rests with the household.
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n Workforce partnerships.
Workforce partnerships must meet the following requirements.
1 Workforce partnerships are programs operated by:
i A private employer, an organization representing private employers, or a nonprofit organization providing services relating to workforce development; or ii An entity identified as an eligible provider of training services under section 122d of WIOA 29 U.S.C.
3152d.
2 Workforce partnerships may include multi-State programs.
3 Workforce partnerships must be in compliance with the Fair Labor Standards Act of 1938 29 U.S.C. 201 et seq, as applicable.
4 Certification of workforce partnerships. All workforce partnerships must be certified by the Secretary or by the State agency to the Secretary to indicate all of the following. The workforce partnership must:
i Assist SNAP households in gaining high-quality, work-relevant skills, training, work, or experience that will increase the ability of the participants to obtain regular employment;
ii Provide participants with not less than 20 hours per week, averaged monthly of training, work, or experience; for the purposes of this provision, 20 hours a week averaged monthly means 80 hours a month;
iii Not use any funds authorized to be appropriated under the Food and Nutrition Act of 2008;
iv Provide sufficient information to the State agency, on request, to determine whether members of SNAP
households who are subject to the work requirement in 7 CFR 273.7a, the ABAWD work requirements in 7 CFR
273.24, or both are fulfilling the work requirement through the workforce partnership;
v Be willing to serve as a reference for participants who are members of SNAP households for future employment or work-related programs.
5 In certifying that a workforce partnership meets the criteria in paragraphs n4i and ii of this section to be certified as a workforce partnership, the Secretary or the State agency shall require that the program submit to the Secretary or the State agency sufficient information that describes both:
i The services and activities of the program that would provide participants with not less than 20 hours per week of training, work, or experience; and
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