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37.78.508    TANF: TANF CASH ASSISTANCE; GOOD CAUSE

(1) A TANF Cash Assistance participant's failure to comply with a program requirement, such as providing information necessary to determine eligibility, reporting changes within ten days of knowing of the change, or a requirement under a Family Investment Agreement/WoRC Employability Plan (FIA/EP), including but not limited to participation in an allowable work activity or the requirement of accepting or maintaining suitable employment, shall not result in an adverse action, including imposition of a sanction if good cause exists for the failure to comply.

(2) If it appears that a participant has failed to comply with a FIA requirement, the participant shall be given the opportunity to provide good cause for failing to comply by providing and verifying information to the eligibility case manager or work readiness component (WoRC) case manager regarding the alleged noncompliance and the reasons for the alleged failure to comply. If the committee that reviews the sanction determines from the available information that there was a failure to comply and that the participant has failed to prove good cause for the noncompliance, a sanction shall be imposed in accordance with ARM 37.78.506.

(3) Good cause consists of verified circumstances beyond the participant's control which prevent compliance with a requirement or which excuse a failure to comply. 

(4) Good cause for failure to keep appointments, report changes, provide required information, or comply with FIA/EP activities or other eligibility requirements includes, but is not limited to, the following verified circumstances:

(a) temporary severe illness or incapacity of the participant for the duration of the illness or incapacity;

(b) temporary severe illness or incapacity of another household member sufficiently serious to require the presence of the participant for the duration of the illness or incapacity;

(c) death of an immediate family member within the 5th degree of kinship (up to a maximum of five working days);

(d) temporary inability to obtain necessary child care, through no fault of the participant;

(e) adverse weather conditions which make travel impossible or unreasonably dangerous;

(f) temporary lack of transportation in a case where the participant cannot reasonably be expected to walk or bicycle because of the distance or the participant's health or physical limitations;

(i) Transportation is considered to be available if the participant has the use of a private vehicle, has access to public transportation, or can ride with someone else, provided that a participant will not be required to accept a ride under circumstances which a reasonable person would consider dangerous or unsuitable.

(g) the individual is unable to comply due to a current domestic violence situation.

(5) Good cause for failure to accept employment or for voluntarily quitting a job or reducing earned income from employment includes, but is not limited to, the following verified circumstances:

(a) The wage is less than the state minimum wage.

(b) Temporary lack of transportation in a case where the participant cannot reasonably be expected to walk or bicycle to work because of the distance or the participant's health or physical limitations.

(i) Transportation is considered to be available if the participant has the use of a private vehicle, has access to public transportation, or can ride with someone else, provided that a participant will not be required to accept a ride under circumstances which a reasonable person would consider dangerous or unsuitable.

(c) Participant is temporarily unable to obtain necessary child care during employment hours, through no fault of the participant.

(d) Working conditions are unsuitable because of an unreasonable degree of risk to health or safety or lack of workers' compensation coverage.

(e) The participant is age 60 or older.

(f) The participant has a physical or mental impairment which prevents the participant from accepting or maintaining this employment, as determined by a qualified medical professional involved in the treatment of the individual. A qualified medical professional is defined as an individual who is currently licensed in the state of Montana and is practicing within their field of expertise.

(g) A temporary severe illness or incapacity of the participant for the duration of the illness/incapacity only.

(h) A temporary severe illness or incapacity of another household member sufficiently serious to require the presence of the participant, for the duration of the illness/incapacity only.

(i) The participant lacks the necessary work-related skills for the employment and cannot acquire such skills in time to obtain or retain the employment.

(j) The participant is unable to participate in employment due to a current domestic violence situation.

History: 53-2-201, 53-4-212, MCA; IMP, 53-2-201, 53-4-211, MCA; NEW, 1998 MAR p. 3284, Eff. 12/18/98; TRANS, from SRS, 2000 MAR p. 3414; AMD, 2003 MAR p. 15, Eff. 1/17/03; AMD, 2007 MAR p. 1818, Eff. 11/9/07.

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