Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › COMPLIANCE REVIEW AND GOOD CAUSE › Section 165.51 - Compliance review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Need for compliance review.
A compliance review will be
					 conducted when information indicates that a recipient may be out of compliance
					 with RESET participation requirements, as specified in §
											165.31 (relating to RESET
					 participation requirements).
(b)
Scheduling the compliance
					 review.
The caseworker will inform the recipient of the need for a
					 compliance review and the consequences of failing, without good cause, to
					 participate in the compliance review. In scheduling the compliance review, the
					 caseworker will reasonably take into account the individual's work schedule,
					 family and school obligations. The compliance review may be conducted in person
					 or by telephone, according to the individual's preference.
(c)
Purpose of compliance
					 review.
With the understanding that the goal of RESET is to assist the
					 individual in becoming employable and self-sufficient, the compliance review
					 will seek to identify the reasons for the individual's apparent noncompliance
					 with RESET participation requirements. The caseworker will review the facts
					 including those presented by the individual and those facts already known by
					 the Department. If the individual's failure to comply with RESET participation
					 requirements is not willful or the individual has good cause under §
											165.52 (relating to good cause),
					 the individual is not subject to sanction. In that instance, the caseworker
					 will explore ways to address the obstacles that prevented the individual from
					 complying with RESET participation requirements.
(d)
Results of compliance
					 review.
The caseworker will document the results of the compliance
					 review. If the caseworker determines that a recipient has willfully failed,
					 without good cause, to comply with RESET participation requirements, the
					 recipient is subject to sanction under §
											165.61 (relating to sanctions).
					 For a noncompliant recipient not subject to sanction, the caseworker will
					 review program requirements, help identify obstacles to compliance, and with
					 the recipient's involvement, develop a new AMR to help achieve and maintain
					 compliance. A recipient may appeal the Department's decision that the recipient
					 is subject to sanction as specified under §
											275.1 (relating to
					 policy).
(e)
Special
					 provision for individuals with disabilities.
If the caseworker knows
					 that an individual has a disability, the caseworker considers this fact, and
					 those presented by the individual. If the facts reveal that the individual did
					 not comply with RESET participation requirements due to disability, no sanction
					 is imposed. In that case, the caseworker and the individual will develop a new
					 AMR to address the disability and, if applicable, other obstacles to
					 self-sufficiency.
The provisions of this §
													165.51 amended under sections
						  201(2), 403(b), 405, 405.1, 405.3, 408, 432 and 432.3 of the Public Welfare
						  Code (62 P. S. §§
														201(2),
						  403(b), 405, 405.1, 405.3,
						  408, 432 and 432.3); the Support Law (62 P. S. §§
														1971-1977); Titles I and III of the Personal
						  Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
						  104-193) (PRWORA), creating the Temporary
						  Assistance for Needy Families (TANF) Program, and amending
						  42 U.S.C.A. §§
														601-619,
						  651-669(b) and
						  1396u-1; and the Federal
						  TANF regulations in 45 CFR
						  260.10-265.10.
This section cited in 55 Pa. Code §
													108.5 (relating to individual
						  notification); 55 Pa. Code §
													141.55 (relating to mandatory
						  RESET participants); 55 Pa. Code §
													141.56 (relating to deferred
						  referrals); and 55 Pa. Code §
													165.31 (relating to RESET
						  requirements).