DAR File No. 40557

Workforce Services, Employment Development

Rule R986-100

Employment Support Programs

Notice of Proposed Rule

(Amendment)

DAR File No.: 40557
Filed: 06/29/2016 02:23:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify when changes must be reported.

Summary of the rule or change:

The change clarifies which changes must be reported to the Department within 10 days.

State statutory or constitutional authorization for this rule:

• Section 35A-3-101
• Subsection 35A-1-104(4)
• Section 35A-1-104

Anticipated cost or savings to:

the state budget:

This applies to federally-funded programs, so there are no costs or savings to the state budget.

local governments:

This applies to federally-funded programs, so there are no costs or savings to local governments.

small businesses:

There will be no costs to small businesses to comply with these changes because this is a federally-funded program.

persons other than small businesses, businesses, or local governmental entities:

There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes.

Compliance costs for affected persons:

There are no compliance costs for this change to anyone, including persons affected by this change. There is no cost for reporting changes. This proposed amendment simply changes the time frame for reporting certain changes. Clients do not incur any costs by complying with this proposed amendment.

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. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.

Jon Pierpont, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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 [email protected]

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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Jon Pierpont, Executive Director

R986. Workforce Services, Employment Development.

R986-100. Employment Support Programs.

R986-100-103. Acronyms.

The following acronyms are used throughout these rules:

(1) "AA" Adoption Assistance Program

(2) "ALJ" Administrative Law Judge

(3) "CC" Child Care Assistance

(4) "CFR" Code of Federal Regulations

(5) "DCFS" Division of Children and Family Services

(6) "DWS" Department of Workforce Services

(7) "EA" Emergency Assistance Program

(8) "FEP" Family Employment Program

(9) "FEPTP" Family Employment Program Two Parent

(10) "GA" General Assistance

(11) "INA" Immigration and Nationality Act

(12) "IPV" intentional program violation

(13) "ORS" Office of Recovery Service, Utah State Department of Human Services

(14) "PRWORA" the Personal Responsibility and Work Opportunity Reconciliation Act of 1996

(15) "RRP" Refugee Resettlement Program

(16) "SNB" Standard Needs Budget

(17) "SSA" Social Security Administration

(18) "SSDI" Social Security Disability Insurance

(19) "SSI" Supplemental Security Insurance

(20) "SSN" Social Security Number

(21) "TANF" Temporary Assistance for Needy Families

(22) "TCA" Transitional Cash Assistance

([22]23) "UCA" Utah Code Annotated

([23]24) "UI" Unemployment Compensation Insurance

([24]25) "USCIS" United States Citizenship and Immigration Services.

([25]26) "VA" US Department of Veteran Affairs

([26]27) "WTE" Working Toward Employment Program

([27]28) "WIA" Workforce Investment Act

([28]29) "WSL" Work Site Learning

 

R986-100-113. A Client Must Inform the Department of All Material Changes.

(1) A material change is any change which might affect eligibility.

(2) Households receiving assistance must report all material changes to the Department as follows:

(a) households receiving food stamps must report a change in the household's gross income if the income exceeds 130% of the federal poverty level. The change must be reported within ten days from the end of the calendar month in which the change occurred. Changes reported by the tenth of the month following the month when the change occurred are considered timely; and

(b) households receiving GA, WTE, FEP, FEPTP, AA and RRP that do not meet the requirements of paragraph (2)(a) must report the following changes within ten days of the change occurring:

(i) if the household's gross income exceeds 185% of the adjusted standard needs budget;

(ii) a change of address;[and]

(iii) if [the only]any eligible child leaves the household and the household receives FEP, FEPTP or AA[.];

(iv) if a parent, step-parent, spouse, or former spouse moves into the household or if a marriage or adoption occurs with or between the already reported household members;

(v) if a child becomes eligible for foster care or subsidized adoption financial assistance;

(vi) a change in student status of a child in the household;

(vii) if a client receiving TCA is not longer employed or is working less than an average of 30 hours per week;

(viii) if there is a change in disability status of a GA client; and/or

(ix) if a GA client becomes employed.

(3) Households that do not meet the requirements of paragraph (2)(a) of this section will be assigned a review month. In addition to the ten-day reporting requirements listed in paragraph[s] (2)(b) [and (c) ]of this section, the household must report, by the last day of the review month, all material changes that have occurred since the last review, or the date of application if it is the first review. The household is also required to accurately complete all review forms and reports as requested by the Department.

(4) Most changes which result in an increase of assistance will become effective the month following the month in which the report of the change was made. If verification is necessary, verification and changes will be made in the month following the month in which verification was received. If the change is to add a person to the household, the person will be added effective on the date reported, provided necessary verification is received within 30 days of the change. If verification is received after 30 days, the increase will be made effective the date verification was received.

 

KEY: employment support procedures

Date of Enactment or Last Substantive Amendment: [July 1, 2015]2016

Notice of Continuation: September 2, 2015

Authorizing, and Implemented or Interpreted Law: 35A-3-101 et seq.; 35A-3-301 et seq.; 35A-3-401 et seq.