§607. Mandatory work requirements — Inbound Citations

Code of Federal Regulations Citations

Cited by 3 regulations in the Code of Federal Regulations.

• 24 C.F.R. § 5.603(b)(3) — Definitions.

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  (i) The value of necessary items of personal property;

  (ii) The combined value of all non-necessary items of personal property if the combined total value does not exceed $50,000 (which amount will be adjusted by HUD in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers);

  (iii) The value of any account under a retirement plan recognized as such by the Internal Revenue Service, including individual retirement arrangements (IRAs), employer retirement plans, and retirement plans for self-employed individuals;

  (iv) The value of real property that the family does not have the effective legal authority to sell in the jurisdiction in which the property is located;

  (v) Any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a family member arising out of law, that resulted in a family member being a person with a disability;

  (vi) The value of any Coverdell education savings account under section 530 of the Internal Revenue Code of 1986, the value of any qualified tuition program under section 529 of such Code, the value of any Achieving a Better Life Experience (ABLE) account authorized under Section 529A of such Code, and the value of any “baby bond” account created, authorized, or funded by Federal, State, or local government.

  (vii) Interests in Indian trust land;

  (viii) Equity in a manufactured home where the family receives assistance under 24 CFR part 982;

  (ix) Equity in property under the Homeownership Option for which a family receives assistance under 24 CFR part 982;

  (x) Family Self-Sufficiency Accounts; and

• 45 C.F.R. § 98.16(v) — Plan provisions.

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  (v) Pursuant to § 98.33(f), the definitions or criteria used to implement the exception, provided in section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)), to individual penalties in the TANF work requirement applicable to a single custodial parent caring for a child under age six;

• 45 C.F.R. § 98.33(f) — Consumer and provider education.

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  (f) Inform parents who receive TANF benefits about the requirement at section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) that the TANF agency make an exception to the individual penalties associated with the work requirement for any single custodial parent who has a demonstrated inability to obtain needed child care for a child under six years of age. The information may be provided directly by the Lead Agency, or, pursuant to § 98.11, other entities, and shall include:

  (1) The procedures the TANF agency uses to determine if the parent has a demonstrated inability to obtain needed child care;

  (2) The criteria or definitions applied by the TANF agency to determine whether the parent has a demonstrated inability to obtain needed child care, including:

  (i) “Appropriate child care”;

  (ii) “Reasonable distance”;

  (iii) “Unsuitability of informal child care”;

  (iv) “Affordable child care arrangements”;

  (3) The clarification that assistance received during the time an eligible parent receives the exception referred to in paragraph (f) of this section will count toward the time limit on Federal benefits required at section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)).

Citations to 42 U.S.C. § 607 as a whole

• 42 U.S.C. § 602(a)(1)(A)(iii)

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  (iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with section 607 of this title.

• 42 U.S.C. § 611(a)(1)(A)(xii)

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  (xii) Information necessary to calculate participation rates under section 607 of this title.

• 42 U.S.C. § 611(c)(1)(B)(i)(II)

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  (II) that are of a type that would be counted toward the State participation rates under section 607 of this title but for the fact that—

  (aa) the work-eligible individual did not engage in sufficient hours of the activity;

  (bb) the work-eligible individual has reached the maximum time limit allowed for having participation in the activity counted toward the State’s work participation rate; or

  (cc) the number of work-eligible individuals engaged in such activity exceeds a limitation under such section.

• 42 U.S.C. § 611(c)(2)(C)

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  (C) a narrative describing the most common activities contained in the report that are not countable toward the State participation rates under section 607 of this title.

• 42 U.S.C. § 611(e)(4)

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  (4) The pilot under this subsection shall be in effect for 6 fiscal years, with one year to establish benchmark data and negotiate targets and five years to measure performance against the targets, and shall supersede the requirements under section 607 of this title for such fiscal years, notwithstanding any other provision of law.

• 42 U.S.C. § 615(a)(2)(B)

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  (B) Notwithstanding subparagraph (A), a waiver granted under section 1315 of this title or otherwise which relates to the provision of assistance under a State program funded under this part (as in effect on September 30, 1996) shall not affect the applicability of section 607 of this title to the State.

• 42 U.S.C. § 1315(c)(1)(A)

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  (A) The Secretary shall enter into agreements with up to 8 States submitting applications under this subsection for the purpose of conducting demonstration projects in such States to test and evaluate the use, with respect to individuals who received aid under part A of subchapter IV in the preceding month (on the basis of the unemployment of the parent who is the principal earner), of a number greater than 100 for the number of hours per month that such individuals may work and still be considered to be unemployed for purposes of section 607 of this title. If any State submits an application under this subsection for the purpose of conducting a demonstration project to test and evaluate the total elimination of the 100-hour rule, the Secretary shall approve at least one such application.

• 42 U.S.C. § 1315(c)(1)(B)

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  (B) If any State with an agreement under this subsection so requests, the demonstration project conducted pursuant to such agreement may test and evaluate the complete elimination of the 100-hour rule and of any other durational standard that might be applied in defining unemployment for purposes of determining eligibility under section 607 of this title.

• 42 U.S.C. § 1315(c)(3)

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  (3) An agreement under this subsection shall be entered into between the Secretary and the State agency designated under section 602(a)(3) of this title. Such agreement shall provide for the payment of aid under the applicable State plan under part A of subchapter IV as though section 607 of this title had been modified to reflect the definition of unemployment used in the demonstration project but shall also provide that such project shall otherwise be carried out in accordance with all of the requirements and conditions of section 607 of this title (and, except as provided in paragraph (2), any related requirements and conditions under part A of subchapter IV).

• 42 U.S.C. § 1315(c)(5)(A)

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  (A) Any State with an agreement under this subsection shall evaluate the comparative cost and employment effects of the use of the definition of unemployment in its demonstration project under this section by use of experimental and control groups comprised of a random sample of individuals receiving aid under section 607 of this title and shall furnish the Secretary with such information as the Secretary determines to be necessary to evaluate the results of the project conducted by the State.

• 42 U.S.C. § 1396a(xx)(9)(A)(ii)(VI)(aa)

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  (aa) is in compliance with any requirements imposed by the State pursuant to section 607 of this title; or

• 42 U.S.C. § 1396d(m)(1)

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  (1) Subject to paragraph (2), the term “qualified family member” means an individual (other than a qualified pregnant woman or child, as defined in subsection (n)) who is a member of a family that would be receiving aid under the State plan under part A of subchapter IV pursuant to section 607¹ of this title if the State had not exercised the option under section 607(b)(2)(B)(i)¹ of this title.

• 42 U.S.C. § 1396d(n)(1)(A)

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  (A) would be eligible for aid to families with dependent children under part A of subchapter IV (or would be eligible for such aid if coverage under the State plan under part A of subchapter IV included aid to families with dependent children of unemployed parents pursuant to section 607 of this title) if her child had been born and was living with her in the month such aid would be paid, and such pregnancy has been medically verified;

• 42 U.S.C. § 1396d(n)(1)(B)

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  (B) is a member of a family which would be eligible for aid under the State plan under part A of subchapter IV pursuant to section 607 of this title if the plan required the payment of aid pursuant to such section; or

• 42 U.S.C. § 1396r–4(g)(2)

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  (2) Paragraph (2) of this subsection (as in effect on September 30, 2021, and as applied under section 4721(e) of the Balanced Budget Act of 1997, and amended by section 607 of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (Public Law 106–113)) shall apply in determining whether a payment adjustment for a hospital in a State referenced in section 4721(e) of the Balanced Budget Act of 1997 during a State fiscal year shall be considered consistent with subsection (c).

Citations to §607(a)

• 42 U.S.C. § 609(a)(3)(A)

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  (A) If the Secretary determines that a State to which a grant is made under section 603 of this title for a fiscal year has failed to comply with section 607(a) of this title for the fiscal year, the Secretary shall reduce the grant payable to the State under section 603(a)(1) of this title for the immediately succeeding fiscal year by an amount equal to the applicable percentage of the State family assistance grant.

• 42 U.S.C. § 609(a)(7)(B)(ii)

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  (ii) The term “applicable percentage” means 80 percent (or, if the State meets the requirements of section 607(a) of this title, 75 percent).

• 42 U.S.C. § 611(b)(1)(A)

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  (A) the participation rates described in section 607(a) of this title; and

• 42 U.S.C. § 612(g)(2)

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  (2) Section 609(a)(3) of this title shall apply to an Indian tribe with an approved tribal assistance plan by substituting “meet minimum work participation requirements established under section 612(c) of this title” for “comply with section 607(a) of this title”.

• 42 U.S.C. § 1396u–1(b)(1)(A)(ii)

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  (ii) the eligibility requirements of such plan under subsections (a) through (c) of section 606 of this title and section 607(a) of this title,

Citations to §607(c)

• 42 U.S.C. § 602(a)(1)(B)(iv)

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  (iv) Not later than 1 year after August 22, 1996, unless the chief executive officer of the State opts out of this provision by notifying the Secretary, a State shall, consistent with the exception provided in section 607(e)(2) of this title, require a parent or caretaker receiving assistance under the program who, after receiving such assistance for 2 months is not exempt from work requirements and is not engaged in work, as determined under section 607(c) of this title, to participate in community service employment, with minimum hours per week and tasks to be determined by the State.

Citations to §607(d)

• 42 U.S.C. § 604(k)(1)(D)

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  (D) the services provided through such use of the grant promote the ability of such recipients to engage in work activities (as defined in section 607(d) of this title).

• 42 U.S.C. § 611(a)(4)

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  (4) The report required by paragraph (1) for a fiscal quarter shall include the number of noncustodial parents in the State who participated in work activities (as defined in section 607(d) of this title) during the quarter, with a separate statement of the number of such parents who participated in programs operated with funds provided under section 603(a)(5) of this title.

• 42 U.S.C. § 611(c)(1)(B)(i)(I)

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  (I) that do not qualify as a work activity under section 607(d) of this title but that are otherwise reasonably calculated to help the family move toward self-sufficiency; or

• 42 U.S.C. § 666(a)(15)(B)

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  (B) if the individual is subject to such a plan and is not incapacitated, participate in such work activities (as defined in section 607(d) of this title) as the court, or, at the option of the State, the State agency administering the State program under this part, deems appropriate.

• 42 U.S.C. § 1437j(c)(2)(C)

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  (C) is engaged in a work activity (as such term is defined in section 407(d) of the Social Security Act (42 U.S.C. 607(d)), as in effect on and after July 1, 1997));¹

Citations to §607(e)

• 42 U.S.C. § 609(a)(14)(A)

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  (A) If the Secretary determines that a State to which a grant is made under section 603 of this title in a fiscal year has violated section 607(e) of this title during the fiscal year, the Secretary shall reduce the grant payable to the State under section 603(a)(1) of this title for the immediately succeeding fiscal year by an amount equal to not less than 1 percent and not more than 5 percent of the State family assistance grant.

• 42 U.S.C. § 611(e)(5)

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  (5) For purposes of section 609(a)(14) of this title, a State operating a pilot must have a system for reducing the amount of assistance payable to a family if an individual refuses, without good cause (including for reasons described in 607(e)(2)² of this title), to engage in any such activities as the State has required of such an individual. A State without such a system shall be considered to have failed to comply with the requirements of section 607(e) of this title for so long as the failure to comply continues.

• 42 U.S.C. § 612(c)(3)

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  (3) similar to comparable provisions in section 607(e) of this title.

Citations to §607(e)(1)(B)

• 42 U.S.C. § 1396u–1(b)(3)(A)(iii)

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  (iii) has the cash assistance under such program terminated pursuant to section 607(e)(1)(B) of this title (as in effect on or after the welfare reform effective date) because of refusing to work,

Citations to §607(e)(2)

• 42 U.S.C. § 602(a)(1)(A)(ii)

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  (ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with section 607(e)(2) of this title.

• 42 U.S.C. § 602(a)(1)(B)(iv)

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  (iv) Not later than 1 year after August 22, 1996, unless the chief executive officer of the State opts out of this provision by notifying the Secretary, a State shall, consistent with the exception provided in section 607(e)(2) of this title, require a parent or caretaker receiving assistance under the program who, after receiving such assistance for 2 months is not exempt from work requirements and is not engaged in work, as determined under section 607(c) of this title, to participate in community service employment, with minimum hours per week and tasks to be determined by the State.

• 42 U.S.C. § 609(a)(11)(A)

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  (A) If the Secretary determines that a State to which a grant is made under section 603 of this title for a fiscal year has violated section 607(e)(2) of this title during the fiscal year, the Secretary shall reduce the grant payable to the State under section 603(a)(1) of this title for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant.

Citations to §607(i)(2)

• 42 U.S.C. § 609(a)(15)(A)

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  (A) If the Secretary determines that a State to which a grant is made under section 603 of this title in a fiscal year has violated section 607(i)(2) of this title during the fiscal year, the Secretary shall reduce the grant payable to the State under section 603(a)(1) of this title for the immediately succeeding fiscal year by an amount equal to not less than 1 percent and not more than 5 percent of the State family assistance grant.