No. 28481 (Amendment): R986-700-709. Employment Support (ES) CC

DAR File No.: 28481
Filed: 01/31/2006, 05:19
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to eliminate the prevailing community standard as a basis for self employment.

 

Summary of the rule or change:

Employment Support Child Care (ES CC) is only available for those clients who are working. The Department will support self employment if the client is currently making, or is likely to make, minimum wage. The current rule will also support self employment if the client cannot make minimum wage but can make the prevailing community standard. The Department has decided to eliminate the "prevailing community standard" provision and make the child care rules for self employment the same as the Family Employment Program rules. This change is made not just for the ease of administration which will occur because all programs will have the same standard, but because the "prevailing community standard" provision has been difficult to administer and does not support our goal of helping our clients move toward self sufficiency. The elimination of the prevailing community standard will help the Department and our clients reach those goals and is not likely to affect many clients currently receiving ES CC.

 

State statutory or constitutional authorization for this rule:

Sections 35A-1-104 and 35A-3-310; and Subsections 35A-1-104(4)and 35A-3-310(3)

 

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs or savings to the state budget.

 

local governments:

This rule does not apply to local government, therefore, there are no costs or savings to local governments. Local governments do not contribute to the costs of this program.

 

other persons:

There are no costs or savings to any other persons as there are no fees associated with this program because it is federally funded. Some individuals receiving assistance through this program may be required to seek other employment or show that they can make minimum wage from self employment.

 

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program because it is federally funded.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. It will not cost anyone any sum to comply with these changes. Tani Downing, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY UT 84111-2333

 

Direct questions regarding this rule to:

Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2006

 

This rule may become effective on:

03/20/2006

 

Authorized by:

Tani Downing, Executive Director

 

 

RULE TEXT

R986. Workforce Services, Employment Development.

R986-700. Child Care Assistance.

R986-700-709. Employment Support (ES) CC.

(1) Parents who are not eligible for FEP CC or Diversion CC may be eligible for Employment Support (ES) CC. To be eligible, a parent must be employed or be employed while participating in educational or training activities. Work Study is not considered employment. A parent who attends school but is not employed at least 15 hours per week, is not eligible for ES CC. ES CC will only be provided to cover the hours a client needs child care for work or work and approved educational or training activities.

(2) If the household has only one parent, the parent must be employed at least an average of 15 hours per week.

(3) If the family has two parents, CC can be provided if:

(a) one parent is employed at least an average of 30 hours per week and the other parent is employed at least an average of 15 hours per week and their work schedules cannot be changed to provide care for the child(ren). CC will only be provided during the time both parents are in approved activities and neither is available to care for the children; or

(b) one parent is employed and the other parent cannot work, or is not capable of earning $500 per month and cannot provide care for their own children because of a physical, emotional or mental incapacity. Any employment or educational or training activities invalidate a claim of incapacity. The incapacity must be expected to last 30 days or longer. The individual claiming incapacity must verify that incapacity in one of the following ways:

(i) receipt of disability benefits from SSA;

(ii) 100 percent disabled by VA; or

(iii) by submitting a written statement from:

(A) a licensed medical doctor;

(B) a doctor of osteopathy;

(C) a licensed Mental Health Therapist as defined in UCA 58-60-102;

(D) a licensed Advanced Practice Registered Nurse; or

(E) a licensed Physician's Assistant.

(4) Employed or self-employed parent client(s) must make, either through wages or profit from self-employment, a rate of pay equal to or greater than minimum wage multiplied by the number of hours the parent is working. [If the prevailing community standard is below minimum wage, the employed parent client must make at least the prevailing community standard. ]To be eligible for ES CC, a self employed parent must provide business records for the most recent three month time period to establish that the parent is likely to make at least minimum wage[ or, if the prevailing community standard is below minimum wage, the parent must establish that he or she is likely to make at least the prevailing community standard]. If a parent has a barrier to other types of employment, exceptions can be made in extraordinary cases with the approval of the state program specialist.

(5) [The stipend received by Americorps*Vista volunteers meets the prevailing community standard test for this section even though the stipend is not counted as income.]Americorps*Vista is supported even though the program does not meet the minimum wage requirements. The activities of Americorps*Vista volunteers are considered to be work and not training. Job Corps activities are considered to be training and a client in the Job Corps would also have to meet the work requirements to be eligible for ES CC.

(6) If a parent was receiving FEP or FEPTP, and their financial assistance was terminated due to increased income, and the parent is otherwise eligible for ES CC, the subsidy deduction will not be taken for the two months immediately following the termination of FEP or FEPTP, provided the client works a minimum of 15 hours per week. The third month following termination of FEP or FEPTP CC is subject to the subsidy deduction.

(7) Applicants must verify identity but are not required to provide a Social Security Number (SSN) for household members. Benefits will not be denied or withheld if a customer chooses not to provide a Social Security Number if all factors of eligibility are met. SSN's that are supplied will be verified. If an SSN is provided but is not valid, further verification will be requested to confirm identity.

 

KEY: child care

Date of Enactment or Last Substantive Amendment: July 1, 2005

Notice of Continuation: September 14, 2005

Authorizing, and Implemented or Interpreted Law: 35A-3-310