(1) A child may be
considered to be deprived of parental support/care based on the unemployment of
a parent when the principal wage earner (PWE) parent in the home meets all the
conditions set forth in this section.
(2) The principal wage earner is the parent
(in a two parent home) who had the greater amount of earnings in the 24 month
period ending with (and including) the month immediately preceding the
application month. If both parents have the same amount of income, the family
and the agency will designate the principal wage earner. The principal wage
earner must meet the following conditions:
(a)
Is not working and has not been employed for 30 days prior to receipt of
assistance; or
(b) Is employed less
than 100 hours per month; or
(c) Is
employed 100 hours per month or more; but
1.
The excess is of a temporary nature; and
2. The 100 hour rule was met in the 2 months
prior to the current month and is expected to be met in the month following the
current month; and
(d)
Is not on strike; and
(e) Does not
refuse to apply for or accept unemployment compensation to which he/she may be
entitled; and
(f) Has not refused,
without good cause, a bona fide offer of employment or training for employment
within one (1) month prior to the effective month of eligibility or during the
receipt of assistance; and
(g) Has
a recent connection to the work force, which is established if:
1. The PWE parent is currently receiving
unemployment compensation; or
2.
Received at least one unemployment compensation payment during the 12 months
immediately preceding the month of application for Families First; or
3. The PWE parent earned at least $50 in each
of any 6 quarters within a 13 calendar quarter period ending within one (1)
year prior to application for Families First.
(3) Once eligibility as an unemployed parent
has been determined:
(a) The PWE must comply
with the Families First work requirement on her/his Personal Responsibility
Plan; and
(b) The second parent in
the home must comply with the Families First work requirement on her/his
Personal Responsibility Plan.
(4) Reserved for future use.
Notes
Tenn. Comp. R. & Regs. 1240-01-47-.27
Original rule filed
December 2, 1996; effective February 15, 1997. Amendment filed July 5, 2002;
effective September 18, 2002. Public necessity rule filed July 2, 2007; expired
December 14, 2007. Amendment filed October 1, 2007; effective December 15,
2007.
Authority: T.C.A. §§
4-5-201 et seq., 4-5-202, 4-5-209,
71-1-105, 71-3-152, 71-3-153, 71-3-154, and 71-3-154(g); 71-3-158(d)(2)(D); 42
U.S.C. §§ 601 et seq., 42 U.S.C. § 604(i); 42 U.S.C. §
607(c), (d) and (e); 42 U.S.C. § 608(a)(2) and (3), 42 U.S.C. §
608(b)(3); 42 U.S.C. § 609(a)(14), 42 U.S.C. §§ 654 and 657 and
42 USC §1315(a), Public Acts of 1996, Chapter 950, and 45 C.F.R. §
233.90, 45 CFR
233.100, 45 C.F.R. § 261.2, 45 C.F.R.
§ 261.12 and 45 C.F.R. § 261.14 and §1115 of the Social Security
Act; Deficit Reduction Act 2005 (
Pub. L.
109-171
§§ 7101 and 7102, February 8,
2006); 71 Federal Register 37454 (June 29, 2006); and Acts 2007, Chapter
31..
