Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 701.000 - Transitional Cash Assistance Programs: General Policies › Section 701.380 - Good Cause Criteria

Current through Register 1525, July 5, 2024
(A)
Good
			 Cause Reasons
. There are certain TCAP program requirements that
			 must be met.
They include but are not limited to: TAFDC Employment Services
				Program (ESP) participation, TAFDC time limit extensions, TAFDC Work Program,
				EAEDC Temporary Employment for Massachusetts' Parents (TEMP) participation, and
				eligibility review appointments. Clients may claim good cause for failure to
				meet Department requirements above as well as for failure or refusal to accept
				a
bona fide
offer of employment, or for a reduction in
				earnings from employment because of absences or terminating employment. Clients
				may claim good cause for failure to meet TCAP program requirements due to one
				or more of the following situations:
(1) Appropriate state-standard child care is
			 totally unavailable, or unavailable during the applicant's or client's hours of
			 training or employment, including commuting time, or arrangements for child
			 care have ended, been interrupted or not yet been made due to no fault or delay
			 of the applicant or client. State-standard child care is child care which is
			 licensed or is exempt from licensure. Factors considered in determining whether
			 child care is appropriate will include recommendations of the Department of
			 Early Education and Care or what a reasonable and responsible parent would
			 consider in deciding whether a child care slot is appropriate, including the
			 time needed to travel to and from the child care provider and the applicant's
			 or client's home, work or other activities;
(2) A family crisis or emergency situation or
			 other compelling circumstance, that is beyond the control of the applicant or
			 client that:
(a) demands the applicant's or
			 client's immediate attention; and
(b) can only be attended to by the applicant
			 or client during the hours of his or her employment or scheduled Department
			 requirement. A family crisis or emergency situation may include illness,
			 injury, health conditions, hospitalizations or exacerbation of chronic
			 illnesses that temporarily prevent participation, regardless of the applicant's
			 or client's disability exemption status;
(3) Refusal of an offer of employment that is
			 at a wage level below the applicable federal or state minimum wage
			 laws;
(4) Refusal of employment, an
			 offer of employment, or an activity because the employer or provider of the
			 activity discriminates in terms of age, sex, sexual orientation, race,
			 religion, ethnic origin, or physical or mental disability;
(5) Refusal of employment because of
			 conditions that violate applicable health and safety standards; or
(6) Refusal of employment that is available
			 only due to a strike or lockout.
(7) The TAFDC client, who has requested a
			 disability exemption and who is not eligible for presumptive disability
			 benefits due to a previous denial, has a health condition or illness which
			 prevents him or her from complying with the work program requirement, the
			 requirements of a TAFDC Employment Development Plan (EDP), or work activities
			 related to receiving a time limit extension.
(8) For TAFDC Work Program and EDP purposes
			 only, the hourly requirements were not met because:
(a) The applicant or client does not have
			 affordable and reliable transportation;
(b) The applicant or client is participating
			 in housing search in an emergency shelter; or
(c) The applicant or client does not have an
			 available and appropriate Department-identified Community Service site. The
			 Department has the primary responsibility to locate a Community Service site
			 for the applicant or client.
(9) Clients whose verified temporary health
			 issue is expected to last between 30 and 90 days will be granted good cause for
			 failure to meet the work program requirement in accordance with 106 CMR
			 703.150:
TAFDC Work Program
.