Welfare Reform: Work Trigger Time Limits, Exemptions and Sanctions under TANF

98-697 EPW

CRS Report for Congress

Received through the CRS Web

Welfare Reform: Work Trigger Time Limits,

Exemptions and Sanctions under TANF

Updated April 12, 1999

Vee Burke and Melinda Gish

Domestic Social Policy Division

Congressional Research Service ˜ The Library of Congress

ABSTRACT

This report provides an analysis and a state-by-state table showing how the 54 jurisdictions

with programs of Temporary Assistance for Needy Families (TANF) — the 50 states, the

District of Columbia, Guam, Puerto Rico and the Virgin Islands — are using their discretion

to decide when adult recipients must work, who is exempt from work, and how to penalize

refusal to work. It shows that many states are requiring work soon after enrollment and that

many have adopted much tougher sanctions than were allowed under the program of Aid to

Families with Dependent Children (AFDC), which was replaced by TANF (P.L. 104-193).

The report will be updated whenever significant new information becomes available.

Welfare Reform: Work Trigger Time Limits,

Exemptions and Sanctions under TANF

Summary

The 1996 welfare law (P.L. 104-193) requires states to engage in work activities

a minimum percentage of adults to whom they give benefits from the block grant for

Temporary Assistance for Needy Families (TANF). Under TANF, states decide

whom to exempt from work rules and what penalties to impose for not complying

with the rules. However, if states fail to penalize adult recipients who refuse to

engage in required work, they are subject to loss of some TANF funds. This report

provides a summary analysis and a state-by-state table showing how the 54 TANF

jurisdictions (all referred to as “states”) are using their discretion to decide when

adults must work, who is exempt from work, and how to penalize refusal to work.

The table shows that many states are stressing “work first” policies — requiring work

soon after enrollment and requiring work by mothers of infants — and that many have

adopted much tougher sanctions than were allowed under previous law.

Under TANF states must require adult recipients to work, as defined by the

state, in order to retain eligibility after a maximum of 24 months of benefits and may

require work sooner. This rule is known as the work trigger time limit. Nineteen

states have adopted a shorter limit. Thirteen states say that they require immediate

work (of these states, some identify job search as the required work activity). Eight

states do not specify a work trigger time limit, but most of these states cut off benefits

altogether — without regard to work status — after 21-24 months.

In their TANF programs, 20 states require work activity of single parents of

babies not yet 1 year old, and 26 require work upon the child’s first birthday. A

majority of states exempt adults who are disabled or incapacitated; 26 exempt the

aged; and 16 states exempt (or defer) pregnant woman, usually in the last trimester.

Some states give exemptions to groups not mentioned in pre-TANF law, such as

victims of domestic violence and caretaker relatives without legal obligation to

support the child.

TANF gives states explicit authority to end benefits for the family if the parent

fails to engage in required work activity. Previously the children’s share of benefits

could not be ended. One-third of the states have adopted the penalty of a 100%

benefit cut for a first violation (and some others for repeat violations). Most of these

states resume payment of benefits upon compliance, but eight states specify a

minimum penalty period. Another 22 states remove the adult’s share of the grant (the

penalty prescribed by pre-TANF law) for a first violation of work rules. If a penalized

recipient comes into compliance with work rules but later commits another violation,

the sanction is increased in size and/or duration. Ultimately, eight states end benefits

for the family permanently and make the repeat offender ineligible for TANF for life.

Using new authority in the 1996 welfare law, some states reinforce their TANF

penalties by reducing/ending food stamps. It is estimated that almost 23% of TANF

cases nationwide include no adult recipient and hence are not subject to TANF work

rules or time limits.

Contents

Work Trigger Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Work Activities Countable for State Participation Rates . . . . . . . . . . . 3

Exemption for Infant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Other Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

First Violation—100% Benefit Cut . . . . . . . . . . . . . . . . . . . . . . . . . . 7

First Violation—Partial Benefit Cut . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Repeat Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Interaction with Food Stamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Sanction Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

State Use of Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

List of Tables

Table 1. Temporary Assistance for Needy Families (TANF) Work Trigger

Time Limits, Exemptions, and Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . 10

Welfare Reform: Work Trigger Time Limits,

Exemptions and Sanctions under TANF

The 1996 welfare law (P.L. 104-193) requires states to engage in work activities

a minimum percentage of adults to whom they give benefits from the block grant for

Temporary Assistance for Needy Families (TANF).1 It authorizes states to decide

how to achieve the required participation rate: whom to exempt from work rules, if

anyone; what penalties to impose for failure to comply with work rules; and what

activities and support services to include in their work programs. TANF contrasts

with the predecessor program of Aid to Families with Dependent Children (AFDC),

which required states to exempt certain recipients from required participation in its

education, work, and training program. Further, AFDC law did not allow states to

impose penalties upon the child(ren) for a parent’s refusal to work or to engage in

work activities.

In their TANF programs, states have adopted varying combinations of tougher

work sanctions, “Work First” policies, financial rewards for work, and diversion of

applicants from enrollment. Welfare-to-work efforts have new urgency because the

law restricts federally funded TANF aid for an adult to 60 months (lifetime limit), and

many states impose shorter benefit cutoff limits.

TANF programs exist in the 50 states, the District of Columbia, Guam, Puerto

Rico, and the Virgin Islands (in this report these 54 jurisdictions are all referred to as

“states”). In addition, more than 60 Indian tribes and Alaska native villages operate

their own tribal TANF programs, under terms of some 19 tribal TANF plans. For

tribal programs, the Secretary of the U.S. Department of Health and Human Services

is directed to establish time limits, work rules, and penalties with the participation of

the tribe. This report provides a state-by-state table showing decisions in the 54 states

about four TANF elements: (1) work trigger time limits — how long adult recipients

1

The statutory rates for all families, which began at 25% in FY1997, reached 35% in FY1999

and ultimately (FY2002) are to climb to 50%. For two-parent families, the rates are higher;

they began at 75% and rose to 90% in FY1999. (For this purpose a family with a disabled

second parent is not treated as a two-parent family.) However, the law provides that the

Department of Health and Human Services (DHHS) must reduce the rate otherwise required

in a state where the caseload falls below the FY1995 level — unless the caseload reductions

were required by federal law or result from changes in state eligibility criteria. Essentially,

DHHS must reduce a state’s minimum participation rate for a given fiscal year by one

percentage point for each percentage point by which the average monthly caseload in the

preceding fiscal year falls short of the FY1995 base level. Thus, actual state minimum

participation rates for FY1999 will depend upon FY1998 caseload data. Average FY1998

monthly caseloads of more than half the states were at least 35% smaller than in FY1995, a

decline sufficient to reduce their all-family minimum participation rate to zero.

(See CRS Report 98-629)

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(parents and other caretakers) may receive TANF benefits before being required to

engage in work, (2) work exemptions, if any, for single parents with children below

a specified age, (3) other exemptions, and (4) penalties for failure to comply with

work rules. The table does not cover exemption/sanction rules for minor parents.

This is because federal law establishes policy for them. Unmarried minor parents

(under 18 years old) who lack a high school diploma are ineligible for TANF unless,

once their youngest child is 12 weeks old, they return to school or enter an approved

alternative educational or training program. They also must live in an adultsupervised arrangement; this rule usually requires them to live with their parent(s).

The table is based on TANF plans, state laws, state regulations, conversations

with state welfare officials, and some pre-TANF waivers from AFDC law, as of early

April 1999. The table necessarily compresses information and seeks to do so in a

consistent manner, but for some states available information is less detailed and

precise than for others. Further, practices may vary by county in some states.

Based on the most recent available national data (FY1997) it is estimated that

almost 23% of TANF cases nationwide include no adult recipient and hence are not

subject to TANF work rules (or to TANF time limits). These child-only TANF units

are needy children in the care of an adult who is ineligible (as a non-needy parent or

other relative, an illegal immigrant, a recipient of Supplemental Security Income,2 a

parent who is being sanctioned for failure to comply with program rules, or who is

ineligible on some other grounds). Further, some child-only cases represent children

living with caretaker relatives who are eligible, but who do not receive a grant for

their own needs because acceptance of TANF would subject them to TANF’s work

rules and time limits.3 In some states child-only cases now are estimated to comprise

more than 40% of all TANF cases: for example, 44% in Florida, March 1999; and

47% in Alabama, August, 1998. The rising proportion of child-only cases reflects the

very sharp decline in the number of parent-child TANF cases as well as policy changes

that are promoting child-only cases.

Work Trigger Time Limits

Under TANF, states must require adult recipients to engage in “work,” as

defined by the state, after receiving aid for 24 months, or sooner if then judged jobready. This is the federal work trigger time limit, and it is different from the federally

funded benefit cutoff limit (60 months). In many states the TANF recipient who goes

2

AFDC law required that family members who received SSI be excluded from the AFDC unit

(and that none of their income be treated as available to the AFDC child). Under TANF,

some states continue exclusion of SSI caretakers from the assistance unit.

3

A 1998 Florida state law (H.B. 1019) created a relative caregiver program, under which the

state pays, on behalf of the child only, an amount above the standard TANF child-only benefit

schedule. The law sets maximum payments under this program at 82% of the statewide

average rate paid to foster parents (Florida’s rates for a child in foster care can be double or

triple those for a child-only TANF grantee). For this program, a relative must have temporary

legal custody of the child, or the child must be placed in the relative’s home by court order.

In March, 1999, 26% of Florida’s TANF cases were classified as child-only caretaker relative

cases.

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to work remains eligible for a reduced TANF benefit until the state’s absolute benefit

cutoff limit is reached. This is especially likely if the work is part time and the wage

rate is relatively low.

Table 1 shows that 27 states have adopted the federal maximum of 24 months

as their work trigger time limit, 19 states have chosen a shorter limit, and the

remaining states have not specified a limit. Thirteen say that they require immediate

work (Arizona, California, Delaware, District of Columbia, Florida, Idaho, New

Hampshire, North Carolina, Tennessee, Utah, Washington, Wisconsin, and

Wyoming). Some of these states identify job search as the immediate work activity.

Three states require work after a maximum of 52-60 days (Guam, Massachusetts, and

Rhode Island); Virginia sets 90 days as the limit; Minnesota, 6 months (but counties

may alter this). Vermont allows 15 months for two-parent unemployed parents, but

30 months4 for single-parent families (and only 5 months for families who have not

lived in the state for at least 12 months). Some states require applicants to conduct

job search before TANF benefits are authorized.

Eight states do not specify a work trigger time limit (Arkansas, Connecticut,

Iowa, Louisiana, Maryland, Oregon, Texas, and the Virgin Islands). However,

Arkansas, Connecticut, Louisiana, and Oregon cut off benefits after 21-24 months.

Texas allows 12, 14, or 36 months of benefits, depending on recipients’ work history

and education.

Some states specify that after a limited period, TANF recipients will receive aid

only if they have a paid job or work in exchange for their benefits. For instance,

Pennsylvania law provides that benefits will end after 24 months for a jobless person

unless she participates in work experience, community service, or workfare for an

average of at least 20 hours per week. California allows aid beyond 18 months only

if the county determines that a job is unavailable and the recipient participates in

community services. Delaware regulations provide for “pay-after-performance” work

experience after 24 months of benefits, with hours determined by dividing the benefits

by the minimum wage, plus up to 10 hours of weekly job search.

Work Activities Countable for State Participation Rates.

Although states define work for the work trigger time limit, TANF law defines

it for purposes of determining whether states achieve minimum participation rates.

For counting actual work participation, the law recognizes these activities as

constituting “work” for adults:

“Priority” activities—

! employment (unsubsidized employment, subsidized private or public

employment);

! work experience;

! on-the-job training;

! job search and job readiness assistance, for 6 weeks (12 weeks under certain

conditions);

4

Vermont is continuing a 30-month work trigger limit under a pre-TANF waiver.

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! community service programs;

! vocational educational training, for 12 months (Note: no more than 30% of

persons counted as engaged in work may consist of persons in vocational

educational training);

! providing child care services to a participant in community service;

Non-priority activities—

! job skills training directly related to employment;

! (high school dropout only) education directly related to employment; and

! (high school dropout only) satisfactory attendance at secondary school.

Generally, a TANF adult recipient must spend at least 20 hours weekly in one

of the priority activities above (30 hours if in a two-parent family) to be counted as

working.5 However, a special provision of law allows a young adult, 18 or 19 years

old to satisfy the work requirement by satisfactory secondary school attendance

(hours not specified) or by participating in education directly related to employment

for an average of 20 hours weekly. (As noted before, unmarried minor parents

without a high school diploma are ineligible for TANF unless they attend school.)

States are free to use TANF funds (or their own funds) for work-enabling

activities not listed in the law (such as a second year of vocational educational

training, longer job search, basic skills training, a college course of study, substance

abuse treatment or mental health counseling), but they may not count participation in

these activities in calculating their work participation rates.

Exemption for Infant

AFDC law prohibited states from requiring participation in the predecessor

training program of Job Opportunities and Basic Skills training (JOBS) by a single

parent with a child below age 3, but gave states the option to lower this threshold to

age one (only 10 states did so). In contrast, under TANF, 46 states have adopted a

threshold of age one or lower (20 states require work before the child’s first birthday,

and 26 when the child turns one).

As Table 1 shows, the following 20 states require work activity of single TANF

parents before the child’s first birthday:

! At age 3 months/12-13 weeks/90 days — 12 states. Arkansas, Delaware,

Florida, Iowa, Michigan, Nebraska, New Jersey, Oklahoma, Oregon, South

Dakota, Wisconsin, and Wyoming

! At age 4 months — two states. North Dakota and Tennessee

! At age 6 months — six states. California, Hawaii, Indiana (dropping to 12

weeks in December 1998), Vermont, Virgin Islands, and West Virginia (for a

5

To be counted as a work participant, a single parent aged 20or more (unless she has a child

under age 6) must engage in a work activity for an average of at least 25 hours weekly in

FY1999 and 30 hours in FY2000, with at least 20 hours in “priority” activities. The weekly

work requirement for single parents of a preschool child is 20 hours. For two-parent families,

required weekly work hours must average 35 (with 30 hours in priority activities).

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child born before TANF enrollment). In the case of West Virginia, the mother

is exempt until the first child born to her after TANF enrollment reaches age

2.

The TANF law allows a state that exempts single parents/caretakers of a child

under 12 months old from required work activities to disregard these persons in

determining work participation rates, but only for a lifetime total of 12 months per

parent. Some states specify that they will exempt a given parent only for a lifetime

total of 12 months. One of these states, New York, restricts the exemption for any

one child to 3 months, but permits counties to extend it to 12 months. Some states

disallow the work exemption for parents of infants unless the baby was born before

the family enrolled in TANF (or within 10 months after initial enrollment); these states

include Connecticut, Indiana, and Texas.

The 26 states that require the parent to work when the child reaches age 1 are:

Alabama, Alaska, Arizona, Connecticut, District of Columbia, Georgia (sooner if

adequate child care is available), Guam, Illinois, Kansas, Kentucky, Louisiana, Maine,

Maryland, Minnesota, Mississippi, Missouri, Nevada, New Mexico, New York, North

Carolina, Ohio (sooner at county option), Pennsylvania, Puerto Rico, Rhode Island,

South Carolina, and Washington (dropping to age 3 months after June 30, 1999).

Four states exempt mothers with a child older than 1: Virginia, under 18

months; Massachusetts, under age 2; New Hampshire, under age 3; and Texas, under

age 4. Policies in the remaining 4 states: Colorado, county option; Idaho, no

automatic exemption; and Montana and Utah, no exemption specified.

Federal law prohibits a state from penalizing the single caretaker of a child under

age 6 for work refusal if needed child care is not available, and two states, Alaska and

Pennsylvania, explicitly exempt caretakers of preschool children from work in the

absence of needed child care.

Other Exemptions

Many state TANF programs have adopted some work exemption policies of the

JOBS program. AFDC law forbad states to require participation in JOBS by certain

persons, including persons who were: ill, incapacitated or of advanced age; needed

in the home because of illness or incapacity of household member; pregnant; or living

where JOBS was not available. Examples of JOBS exemptions used in state TANF

programs:

Persons who are ill, incapacitated, or of advanced age — 30 states exempt adults

who are disabled or incapacitated; four, those with short-term illness or injury; and

26, the aged (most states specify age 60; three, age 65).

Persons needed in the home to care for a household member — 28 states exempt

those needed to care for a household member who is disabled, aged, ill.

Pregnant persons — 16 states exempt (or defer) pregnant women, usually in the

last trimester, but New York allows the exemption only for the last month. Oregon

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provides that those in the last trimester cannot be required to work more than 10

hours weekly.

Persons who reside in a remote area — two states exempt persons who live in

remote areas.

Some states exempt groups not mentioned in previous (JOBS) law. For

instance, under certain circumstances, 13 states exempt victims of domestic violence

from TANF work activities, and four states exempt caretaker relatives who have no

legal obligation to support the child. Other exemptions: four states — unemployable

persons, or those with significant barriers to work; two states — VISTA volunteers;

one state each — homeless persons, persons undergoing drug abuse treatment,

persons in crisis, and persons unable to participate because of individual

circumstances.

Sanctions

TANF law requires states to penalize families if a recipient refuses to engage in

required work and does not have good cause, according to optional standards of the

state, for the refusal. The state is directed to reduce the family benefit by at least a

“pro rata” share or to drop the family from cash aid. The law stipulates that the

penalty cannot be imposed on a single parent with a child under age 6 if she/he

demonstrates an inability to obtain needed child care for a specified reason. (New

York law forbids penalizing a single parent for failure to comply with work rules if

child care cannot be found for a child under age 13.)

TANF law explicitly permits a state to reduce a family’s benefit, by an amount

the state considers “appropriate,” if a family member fails without good cause to

comply with an individual responsibility plan (IRP) that he/she has signed. Most state

TANF plans include use of IRPs that establish an employment goal, set forth

obligations of the recipient and describe services to be provided by the state.

Illustrative recipient obligations include school attendance for children, immunization

of children, attendance at parenting or money management classes, and needed

substance abuse treatment.

If a state fails to reduce or end TANF benefits for refusal to work, the law

requires that the state itself be penalized by loss of funds (between 1% and 5% of the

state’s basic TANF grant). However, a state must be given an opportunity to adopt

a corrective action plan that will lift the penalty; it also may be excused from the

penalty on grounds of reasonable cause. Reasonable cause is not defined in the law.

In its November 20, 1997 proposed TANF regulations, the Department of Health and

Human Services (DHHS) said it would generally limit reasonable cause penalty

exemptions to natural disasters, formally issued federal guidance providing incorrect

information, and “isolated, non-recurring problems.” However, it said that if a state

failed to meet work participation rates because of giving waivers from TANF rules

to victims of domestic violence, it might receive a reasonable cause exemption from

the penalty, provided the waivers met certain conditions. At the same time, DHHS

stressed that it would disallow a penalty exemption if it detected a “significant pattern

of diversion of families to separate state programs that achieved the effect of avoiding

the work participation rates.”

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Under AFDC, if a recipient failed to undertake required work, education, or

training , or refused a bona fide job offer, federal law spelled out the penalties. States

were required to remove the recalcitrant adult from the benefit unit until compliance

and to pay the child’s benefits to a third party. For repeat offenses after

reinstatement, minimum penalty periods applied — 3 and 6 months for second and

subsequent violations, respectively. The law did not permit states to penalize the

adult by ending the benefits of the child.

First Violation—100% Benefit Cut. As Table 1 shows, 18 states have

adopted the penalty of loss of the full family benefit for a first violation. Until

compliance (or after a minimum penalty period), families in these states lose 100% of

TANF benefits for a first violation: Alaska (for refusing to accept or quitting suitable

employment), Arkansas, Florida, Guam, Idaho, Kansas, Louisiana (for refusal to

accept full-time employment), Maryland, Michigan, Mississippi, Nebraska, Ohio,

Oklahoma, South Carolina, South Dakota (for refusal of work or extra work hours),

Tennessee, Virginia, and Wyoming. Most of these states resume payment of benefits

upon compliance, but eight states specify a minimum penalty period: Guam and

Louisiana, 3 months; Mississippi, 2 months; Alaska, Idaho, Nebraska, and Ohio, 1

month; and South Carolina, 30 days.

First Violation—Partial Benefit Cut. For a first violation of work rules, 22

states remove the adult’s share of the TANF grant: Alaska (for refusal to participate

in assigned activities),6 California, District of Columbia, Georgia, Hawaii, Indiana,

Iowa, Kentucky, Maine, Massachusetts, Missouri, Montana, New Hampshire, New

Jersey, New York, North Dakota, Pennsylvania, Puerto Rico, Rhode Island, Vermont

(if enrolled for less than 28 months), Virgin Islands, and Washington. Eleven of these

states lift the sanction upon compliance, but the rest apply the penalty for minimum

periods ranging from one to 3 months. If loss of the adult share of the benefit does

not bring compliance within a specified time, New Hampshire, New Jersey, and North

Dakota increase the sanction to a 100% benefit cut.

Ten states penalize a first violation of work rules by making a fractional

reduction in the full family benefit: Illinois, 50% benefit cut; Delaware, Nevada, and

West Virginia, 33%; Alabama, Arizona, Colorado, New Mexico, 25%; Connecticut,

20%; and Minnesota, 10%. Five states impose a monthly flat dollar reduction for a

first violation: North Carolina and Oregon, $50 cut; Texas, $78 ($125 for a twoparent case); Utah, $100 (parent’s fixed portion); and Wisconsin, $5.15 per hour of

missed work activity. Most of these states impose the penalty for at least 1 to 3

months, and some increase the penalty to a 100% benefit cut for continued

noncompliance.

Repeat Violations. If a penalized family comes into compliance with work rules

but later commits another violation, the sanction is increased in size and/or duration.

For a repeat violation, some states increase the penalty to a 100% benefit cut for a

minimum period. Ultimately, eight states end benefits for the family permanently and

make the repeat offender ineligible for TANF for life: Delaware, Georgia, Guam,

6

Alaska, as shown in the preceding paragraph, imposes a full benefit cut for refusing to

accept or quitting suitable employment.

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Idaho, Mississippi, Nevada, Pennsylvania, and Wisconsin. Georgia policy requires

that the grantee-relative in a family that is sanctioned a second time within 24 months

be permanently barred from receiving TANF cash aid for any children. Under

Georgia rules, the children of the punished caretaker cannot receive TANF cash

benefits unless they move into the home of another caretaker. This also may be the

effect of the ultimate permanent 100% benefit cut in the other seven states.7

Vermont, under a pre-TANF waiver, has adopted an unusual maximum penalty.

For violations committed when the family is within 2 months of the work trigger limit,

Vermont replaces cash aid with vendor payments for major expenses and requires the

parent to attend meetings with the caseworker to receive any balance due.

Interaction with Food Stamps. The 1996 welfare law provides for

reinforcement of TANF sanctions by food stamps. Under the law, states may reduce

food stamp benefits by up to 25% for households whose TANF benefits are reduced

because of noncompliance with program rules, and states are forbidden to increase

food stamps to offset some of the cash penalty. Further, those disqualified for

noncompliance with TANF rules may also be disqualified for food stamps and

Medicaid. Florida, Guam, Michigan, Montana, the Virgin Islands, and Wyoming

supplement TANF penalties by also reducing or ending food stamps.8 Montana and

the Virgin Islands end Medicaid benefits for an adult who does not comply with

TANF work rules.

Sanction Procedures. Under TANF, states decide sanction procedures as well

as amounts. Before actually imposing a sanction, states usually send warning letters.

Some seek to determine whether there was a good cause for the recipient’s violation,

and some have a “conciliation” procedure to resolve disputes about participation in

required work activity. Under AFDC, the law specified “good cause” reasons for

failure to participate in required education, work, and training activities. In addition,

federal regulations required states to establish a conciliation procedure to resolve

disputes about a recipient’s participation in work-related activities and to offer a

hearing to a recipient who disputed the sanction.

State Use of Sanctions. As noted, many states now punish failure to comply

with work rules or to abide by a personal responsibility agreement by suspending the

full family benefit, but nationwide sanction data are unavailable. Available state

reports indicate a wide spread in actual use of partial or full TANF sanctions.

However, sanction rate data may not provide a complete picture of a state’s use of

sanctions, and it is difficult to make comparisons across states. For example, in states

with more severe penalties (i.e., a lifetime ban), a non-compliant family may be

encouraged to close its case rather than face sanctioning. Moreover, some states

7

Presumably, some states might provide noncash aid to children living with a parent whom

they had permanently barred from TANF cash eligibility because of noncompliance with work

rules.

8

The Montana Senate, on February 22, 1999, approved a bill (SB 353) that would rescind

the food stamp benefit cut and the loss of adult Medicaid for persons under TANF work

sanctions.

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sanction only as a very last resort, alternatively keeping cases open through a multistage process. Thus, the data that follow should be read with limitations in mind.

Case Closures and Full Benefit Suspensions. The share of case closures

attributed to work sanctions in Maryland increased during the first 18 months of

TANF (October 1996-March 1998), from 3.6% in the first 6 months of reform to

8.8% in the next 6 months, and to 9.5% in the last 6 months, according to sample

surveys. During the entire period, full family sanctions for non-cooperation with

work rules accounted for 7.3% of all case closures. In South Carolina, which began

TANF in spring 1997, but had a pre-TANF waiver permitting full-family sanctions for

failure to comply with individual self-sufficiency plans (ISSP), sample surveys found

that 25% of case closures in FY1997 were due to sanctions; and in December 1998,

18% of all TANF closings in the state (415 out of 2,270) were attributed to failure to

comply with ISSPs. In Oklahoma, failure or refusal to meet TANF work

requirements accounted for one-tenth of all Oklahoma case closures (3,573 out of

34,300) during FY 1998. In January 1999, the proportion of Oklahoma case closures

attributed to TANF work rule refusal/failure rose to 23% (535 out of 2,332). In

FY1997, before the state’s TANF work component (VIEW) became statewide,

Virginia suspended benefits of 1,237 families for at least 1 month because of failure

to participate in VIEW. According to a late 1997 survey undertaken for the

Tennessee Department of Human Services, many of the 696 families whose cases

were closed after January 1997 for refusal to sign a personal responsibility plan did

not understand the consequences. Only 58% (out of 331 contacted families) said they

understood that they must sign the plan.

Benefit Reductions. In March 1999, Florida suspended parental benefits of 889

families (roughly 2.6% of cases subject to work rules) 490 for work violations and

399 for other reasons; the children’s benefits continued, as these became “child-only”

TANF cases. Missouri reports that in January 1999, 3,767 families (roughly 7% of

the caseload) received a benefit cut for not looking for work or accepting a job. In

February, 1999, 216 Nevada families were under TANF sanction for work violations

(5.8% of the families required to work) and 44 for violating personal responsibility

plans. Under TANF sanction in February 1999 were 837 Connecticut families (4.2%

of those required to work) and, in January, 599 Oregon families (3.4% of the total

caseload). ABT Associates, Inc., found that 49% of Delaware families were penalized

in the first TANF year with partial benefit loss (33% benefit cut for work

noncompliance and $50 monthly cut for disobeying parental responsibility rules). An

examination by the Manpower Demonstration Research Corporation of the Portland,

Oregon JOBS program run between early 1993 and mid-1996 found that AFDC grant

penalties were imposed on 21% of the sample studied and that the average length of

sanction was 5.4 months, but that 8% were penalized for more than 12 months.

CRS-10

Table 1. Temporary Assistance for Needy Families (TANF) Work Trigger Time Limits, Exemptions, and Sanctions

(Applicable to Adult Recipients — Parents and other Caretakers)a

State

Alabama

Maximum

months of

benefits without

work

24 months

Exemptions to

care for a young

child

Under age 1.

Alaska

24 months

Under age 1.

Arizona

Immediate job

search required

Under age 1.

Other work exemptions

Exempt: disabled parents. (Non-parental

caretakers are ineligible for TANF.)

Temporarily excused (deferred is Alabama’s

term) are parents who are ill or injured or who

have a similar short-term difficulty.

Exempt: persons who are needed in the home to

care for a disabled person; those unable to

perform gainful activity for medical reasons;

caretakers of child under age 6 without child

care; persons for whom the department does not

agree to pay needed transportation costs; and

persons who show that loss of benefits (as a

result of work sanction) would threaten family

health and safety.

Temporarily deferred: persons needed to care for

disabled person; victims of domestic violence

whose participation in work might threaten safety

of them or their children.

Sanction for failure to comply with work rules

Family benefit is reduced 25% for 3 months and

ended (indefinitely) in 4th month, if still out of

compliance. For violating work rule after

reentry, benefit is cut 25% for 3 months and

100% in 4th month (for minimum period of 6

months).

For refusal of, or voluntary separation from,

suitable employment, benefit is cut 100% for

progressively longer periods: first offense, 1

month; second offense, 6 months; subsequent

offenses, 12 months.

For refusal to complete their family selfsufficiency plan, or for first refusal to participate

in assigned work activities, adult share of benefit

is ended until compliance. For repeat violations,

a minimum penalty period is imposed: 6 months

for second violation and 12 months for

subsequent ones.

Progressive sanctions — Benefit is cut 25% for

first month of noncompliance; 50% for the

second month; and 100% for the third and

subsequent months of noncompliance.

CRS-11

State

Arkansas

California

Maximum

months of

benefits without

work

Not specified in

plan. (Note:

state has 24month benefit

cutoff limit.)

Immediate

Exemptions to

care for a young

child

Under 3 months

(between 3 and

12 months if

child care is not

available).

Under 6 months

(county, on caseby-case basis,

may shorten this

to 12 weeks or

lengthen it to 1

year). For

adopted child,

exemption ends 6

months after

adoption date.

Exemptions for

birth or adoption

of subsequent

children are

limited to 12

weeks, which

may be extended

to 6 months by

the county.

Other work exemptions

Temporarily deferred: persons unable to work

because of a physical or mental disability, the

effects of domestic violence, or extraordinary

circumstances; persons who are in the 3rd

trimester of pregnancy; above age 60; or caring

for an incapacitated family member.

Exempt: disabled persons; persons of advanced

age; those needed to care for an ill or

incapacitated household member; and pregnant

women (if the pregnancy is verified to impair

work or welfare-to-work activities); and

nonparent caretaker relatives caring for a child

who is the ward of a court or at risk of foster

care placement (if county determines that

caretaker responsibilities exceed normal

parenting responsibilities and impair the person’s

ability to work regularly or participate in

welfare-to-work activities).

Sanction for failure to comply with work rules

Case is closed until compliance. However, in

extraordinary circumstances, and for child(ren)’s

best interest, county may instead cut family

benefit by 25%. For a repeat violation,

minimum sanction period is 3 months.

For first noncompliance, adult share of benefit is

ended until compliance. For repeat violations, a

minimum penalty period is imposed: 3 months

for second violation, 6 months for subsequent

ones. For a two-parent family eligible on

grounds of a parent’s unemployment, the penalty

is removal of both parents from the assistance

unit unless the second parent is exempt.

CRS-12

State

Colorado

Maximum

months of

benefits without

work

24 months

Connecticut

Not specified in

plan. (Note:

state has 21month benefit

cutoff limit.)

Delaware

Immediate

District of

Columbia

Immediate (after

assessment)

Exemptions to

care for a young

child

County option.

Other work exemptions

None specified. (However, county departments

will determine if good cause for failure to

participate in work activities exists by means of

an assessment before the 24-month limit.

Assessments shall include such factors as:

availability of childcare, jobs or work sites, and

transportation.)

Under age 1.

Exemption not

applicable if

baby was born to

mother already

receiving TANF

aid.

Under 13 weeks.

Exempt: persons who are incapacitated; at least

60 years old; needed at home because of the

incapacity of a household member; pregnant or

post-partum women whose physicians indicate

that they are unable to work; and persons

determined “unemployable” under state policies.

Under age 1.

Exempt: Persons at least 60 years old and the

incapacitated. (Note: D.C. has a separate

program (POWER) for incapacitated parents.

POWER participants must engage in “selfsufficiency” activities decided by the mayor.

Exempt: persons determined unemployable by a

health care professional.

Sanction for failure to comply with work rules

Progressive sanctions — first noncompliance:

reduction of family’s benefit by 25% for 1-3

months; second violation (or continued

noncompliance after 3 months): 50% benefit cut

for 1-3 months; subsequent violations or

continued noncompliance: 100% benefit cut for

3-6 months. (County decides length of sanction

and may impose 100% benefit cut for any

instance of noncompliance.)

Progressive sanctions — first instance of

noncompliance: 20% benefit cut for 3 months;

second violation (or continued noncompliance):

35% cut for 6 months; third and subsequent

violations (or continued noncompliance): 100%

benefit cut for 3 months.

Progressive sanctions — first instance of

noncompliance: one-third benefit reduction until

compliance or for 2 months; second violation or

continued noncompliance: two-thirds reduction

until compliance or for 2 months; third violation

or continued noncompliance: 100% benefit cut

(permanent).

For first violation, adult share of benefit is ended

for 1 month or, if later, until compliance. For

repeat violations, a minimum penalty period

applies: 3 months for second offense, 6 months

for subsequent ones.

CRS-13

State

Florida

Maximum

months of

benefits without

work

Immediate

Georgia

24 months

Under age

1(unless

adequate child

care is

available).

None specified.

Guam

60 days

Under age 1.

Exempt: persons at least age 60; those caring for

a dependent adult who is aged or disabled.

Exemptions to

care for a young

child

Under 3 months.

However, state

may require

parent to attend

parenting classes

or other

activities.

Other work exemptions

Persons who receive benefits under the SSI

program or the Social Security Disability

Insurance program and caretaker relatives who

choose not to be included in the TANF recipient

unit (child-only cases).

Sanction for failure to comply with work rules

Progressive sanctions — first instance of

noncompliance: 100% benefit cut until

compliance (and food stamp benefits shall not be

increased); second violation: 100% benefit cut

(and food stamp disqualification) until adult has

complied with rule for 30 days (except that

children under age 16 may receive benefits paid

to a “protective” third party). Upon compliance,

benefits are reinstated to the date of compliance.

Third violation: 100% benefit cut (and food

stamp disqualification) for 3 months (except that

protective payments may be made for children

under age 16). After the 3-month penalty period,

the adult must comply with work rules for at

least 10 days before reinstatement of benefits.

For first violation of work requirement or failure

to comply with personal responsibility plan,

25% benefit cut for 1 month. For continued

noncompliance after 3 months, or second

violation, case is closed. (If second sanction

occurs within 24 months of first, the granteerelative is permanently barred from TANF.)

100% benefit cut for progressively longer times:

first violation, 3 months; second, 6 months;

third, eligibility ended permanently. Food stamp

benefits are ended, along with TANF. (Effective

in October 1998, as required by court action,

and pursuant to P.L. 104-193, it is planned to

restrict the food stamp “compatible

disqualification” to the adult who heads both the

TANF family and food stamp household.

CRS-14

Maximum

months of

benefits without

work

24 months

Exemptions to

care for a young

child

Under 6 months.

Idaho

Immediate (with

few exceptions)

No automatic

exemptions.

Illinois

24 months

Under age 1 (for

single parents).

State

Hawaii

Other work exemptions

Exempt: persons who are ill, incapacitated, or

disabled for at least 30 days; at least age 60;

certified by a physician to be needed in the home

to care for an ill, incapacitated, or disabled

household member; and full time VISTA

volunteers.

No automatic exemptions.

Exempt: persons at least age 60.

Sanction for failure to comply with work rules

For first violation, adult share of benefit is ended

until compliance. For repeat violations, a

minimum penalty period applies: 3 months for

second offense and 6 months for subsequent

ones.

100% benefit cut for progressively longer times:

first violation, 1 month or until compliance, if

later; second violation, 3 months or until

compliance; third violation, permanent loss of

benefit.

For first and second violations: 50% benefit cut,

increased to 100% if fail to comply after 3

months of reduced grant. For subsequent

violations, 100% benefit cut for 3 months or

until compliance.

CRS-15

State

Indiana

Maximum

months of

benefits without

work

24 months

Exemptions to

care for a young

child

Phased schedule:

effective June

1997, under age

1; June 1998,

under 6 months;

December 1998,

under 12 weeks.

Schedule not

applicable for

baby born to

mother already

on TANF. For

these “family

cap” babies,

exemption now

ends at age 12

weeks.

Under 3 months.

Iowa

Not specified in

plan.

Kansas

24 months

Under age 1.

Kentucky

24 months

Under age 1.

Other work exemptions

Exempt: persons in remote areas, provided work

would require overnight stay, or commute would

exceed 2 hours (longer if in accord with

community standards and agreed to by

participant).

Sanction for failure to comply with work rules

Adult share of benefit is ended for progressively

longer times: first noncompliance, 2 months;

second violation, from 6-12 months; third

violation, 6-36 months. Penalty for voluntarily

quitting a job: adult share of benefit is ended for

6 months.

Exempt: Disabled persons.

Progressive sanctions — first noncompliance:

adult share of benefit is ended for 3 months, if

still out of compliance, family eligibility is ended

(100% benefit cut) for 6 months; subsequent

violation(s) family’s eligibility is ended for 6

months.

First violation: family benefit is ended until

compliance; for subsequent violation(s), family

benefit is ended for at least 2 months.

Adult share of benefit is ended for 3 months and

child(ren)’s share paid to a third person.

Thereafter, adult is offered another opportunity

to engage in work.

Exempt: persons who are ill, injured, or

disabled; needed to care for incapacitated family

member; or at least age 60.

Special exemptions may be given to recipients in

cases of domestic abuse.

CRS-16

State

Louisiana

Maine

Maryland

Maximum

months of

benefits without

work

Not specified in

plan. (Note:

state has 24month benefit

cutoff limit

within 60

months.)

24 months

Not specified in

plan.

Exemptions to

care for a young

child

Under age 1.

Under age 1.

(Immediate job

search required if

no child under

age 5)

Under age 1.

Other work exemptions

Exempt: persons who are incapacitated or

disabled.

Sanction for failure to comply with work rules

For refusal to accept full-time employment,

family loses eligibility (100% benefit cut) for 3

months (which will count toward the 24-month

benefit cutoff time limit).

Exempt: persons unable to work because of

physical or mental handicaps including

pregnancy complications; those needed to care

for an impaired household member, with need

verified by a doctor’s certificate; those at least

age 60; and those with a child who has

documented needs relating to physical

disabilities, mental illness/retardation,

developmental delays/disabilities, and/or

emotional or behavior problems.

Exempt: persons who are severely disabled.

Adult share of benefit is ended and child(ren)’s

share paid to a third person (protective payee),

where possible.

Family’s eligibility is ended (100% benefit cut)

after conciliation process, for which 30 days are

allowed. Benefit resumes immediately upon

compliance in the first instance of

noncompliance; after 10 days in the second

instance, and after 30 days in the third instance.

After termination, family may receive

“transitional assistance” (TA), provided nonprofit group is available to administer it. Under

TA, 3 months of full benefits would be paid on

family’s behalf to the non-profit group.

CRS-17

State

Massachusetts

Maximum

months of

benefits without

work

60 days

Exemptions to

care for a young

child

Under age 2.

Michigan

24 months

Under 3 months.

Minnesota

6 months

(Counties may

require work

sooner.)

Under age 1.

Other work exemptions

Exempt: persons who are disabled (under state

regulations); essential to care of disabled child or

spouse; pregnant women (in third trimester); and

caretaker recipients without legal obligation to

support the children. (In two-parent families,

only one parent can claim exemption to care for a

child or disabled person. If one parent is

disabled or pregnant, the other cannot claim

exemption as caregiver without medical

documentation that first parent cannot care for

the child.)

Exempt: persons who are at least age 65 or

disabled (meeting SSI definition without

requirement of minimum duration). Local offices

may exempt homeless persons and victims of

domestic abuse.

Exempt: persons at least age 60; those with

professionally certified illness, injury or

incapacity that is expected to continue for more

than 30 days; persons needed to assist ill or

incapacitated household members; pregnant

women (if a physician certifies that they cannot

work); individuals with a personal or family

crisis that makes them incapable of meeting work

requirements, as determined by the county;

persons ruled disabled by the Social Security

Administration; and, for 3 to 12 months,

domestic violence victims who are complying

with a safety plan.

Sanction for failure to comply with work rules

Failure to participate for the minimum number

of hours per week ends the adult’s eligibility

(and share of the benefit). Failure to participate

more than once ends the family’s eligibility.

If noncompliance occurs during first 2 months of

assistance, benefits for entire unit are ended. If

family reenters the program, noncompliance then

causes a 25% TANF benefit cut (and 25% cut in

food stamp benefits) for 1-4 months, after which

benefits are terminated.

For the first occurrence of noncompliance,

benefit is cut by 10% for at least 1 month. For a

second or subsequent occurrence of

noncompliance, the family’s rent (up to the

amount of the full benefit) is paid to the vendor.

At county option, the family’s utility bill also is

vendor paid. The residual amount of the grant

after vendor payment(s), if any, must be reduced

by an amount equal to 30% of the full benefit

before payment to the family. The grant

reduction must be in effect for at least 1 month

(and until compliance). The vendor payment of

rent (and utilities, if in effect) shall be in effect

for at least 6 months.

CRS-18

State

Mississippi

Maximum

months of

benefits without

work

24 months

Exemptions to

care for a young

child

Under age 1.

Missouri

24 months

Under age 1.

Montana

24 months

No exemptions

specified in plan.

Domestic violence victims may be exempted

from work rules for 6 months.

Nebraska

24 months (from

signing of

economic

contract)

Under 3 months.

Exempt: On case-by-case basis, persons with

verified physical or mental incapacity expected to

prevent work or training for at least 3 months.

Other work exemptions

Exempt: persons who are incapacitated;

temporarily ill or injured; pregnant in the third

trimester; caretakers of an ill or incapacitated

person; aged above 60; domestic violence victims

(12 month limit); caretakers in a two-parent

family of a child who is mentally retarded or

physically handicapped; and persons in substance

abuse treatment.

Exempt: persons who are ill, incapacitated or

needed at home because of another’s illness or

incapacity.

Sanction for failure to comply with work rules

100% benefit cut for progressively longer times:

first violation, 2 months or until compliance, if

later; second violation, 6 months; third violation,

12 months; and fourth violation, permanent end

of family benefit.

Needs of noncomplying adult are removed from

the assistance unit and the benefit is reduced by

that individual’s prorata share for any months

he/she is not in compliance.

Adult share of benefit is ended for progressively

longer periods: First instance of noncompliance,

1 month; second violation, 3 months; third

violation, 6 months; fourth and subsequent

violations, 12 months. During TANF sanction

period, food stamp benefits are cut 25% and the

adult’s Medicaid eligibility is ended. (Children’s

TANF benefits continue and time limit clock

continues to tick during sanction period.)

100% benefit cut for progressively longer

periods: First noncompliance, 1 month or until

compliance, if later; second violation, 3 months;

third violation, 12 months.

CRS-19

State

Nevada

New Hampshire

Maximum

months of

benefits without

work

24 months

Immediate job

search for

maximum of 26

weeks, “work for

benefits” for a

maximum of 26

weeks.

Exemptions to

care for a young

child

Under age 1.

Under age 3.

Exemption ends

at age 1 if baby

was born to a

mother already

receiving aid.

Other work exemptions

Exempt: non-parental caretakers; persons who

are ill or physically or mentally incapacitated;

needed to care for an ill or incapacitated

household member; at least age 60; or suffering

from any other condition deemed to be a hardship

by the state welfare administrator.

Temporarily exempt: persons medically certified

as unable to participate because of illness, injury

or incapacity; persons needed to care for an ill or

incapacitated household member; women at least

4 months pregnant. Also exempt: The second

parent in a two-parent case if family is not

receiving child care aid.

Sanction for failure to comply with work rules

Progressive sanctions: For failure to comply

with personal responsibility plan or cooperative

agreement, benefit is cut by one-third (or if

greater, per capita share of family benefit) for 30

days; if still noncompliant, benefit is cut by twothirds (or per capita sum) for 1 month; if still

noncompliant, benefit is ended for at least 3

months. Upon first reentry to program, after

losing eligibility, same schedule of sanctions

applies for new violations. Upon second reentry

(after twice losing eligibility) a new violation

causes a 50% benefit cut for 1 month. If then

still noncompliant, benefit is ended (100% cut)

permanently.

Progressive sanctions — first noncompliance (or

violations that occur more than 6 months after

the end of the most recent sanction period):

adult share of benefit is ended for 1 month or

until compliance, if later; continued

noncompliance for 3 months: benefit is further

reduced, by loss of one-third of the remaining

benefit (generally the children’s share) for 1

month; continued noncompliance after another 3

months: benefit is further reduced, by loss of

two-thirds of children’s benefit, for 1 month or

until compliance; after an additional 3 months of

noncompliance, the case is closed.

CRS-20

State

New Jersey

Maximum

months of

benefits without

work

24 months

New Mexico

24 months

Under age 1.

Exempt: persons who are temporarily or

completely disabled; those who provide sole care

for a disabled person; pregnant women in last

trimester; persons over age 60; victims of family

violence under certain conditions.

New York

24 months

Under age 1.

(Lifetime ceiling

of 12 months,

with only 3

months charged

to any one child.

Mother may be

exempted for

first year of life

of 4 babies.

Note: local

district may

modify policy.)

Exempt: persons who are ill, incapacitated, at

least age 60, or deemed to be disabled; pregnant

women in last month before expected childbirth;

persons needed in the home because of a family

member’s illness or incapacity.

Exemptions to

care for a young

child

Under 12 weeks.

(Extension

allowed if

determined

medically

necessary for the

parent or child.)

Other work exemptions

Exempt (New Jersey uses the term “deferred”):

persons determined to be physically or mentally

impaired; at least age 60; women in third

trimester of pregnancy; sole caretakers of a

severely disabled or seriously ill family member;

victims of domestic violence under specified

conditions.

Sanction for failure to comply with work rules

Adult share of benefit is ended for 1 month; if

intended compliance then is not evident, benefit

cut is extended for up to 2 more months; at end

of 3rd month, if no compliance effort is evident,

benefit is ended (100% benefit cut). Same

sanction schedule is used for two-parent

families, if only one is required to work (because

the other is exempt or working).

Progressive sanctions — first instance of

noncompliance: 25% benefit cut until

compliance; second violation, 50% benefit cut;

third violation, 100% benefit cut for at least 6

months (family ineligible to reapply for 6

months) Note: Conciliation process must

precede imposition of initial penalty.

For first violation, adult share of benefit is ended

until compliance. For repeat violations, a

minimum penalty period applies: 3 months for

second offense and 6 months for subsequent

ones.

CRS-21

State

North Carolina

Maximum

months of

benefits without

work

Immediate

North Dakota

24 months

Under age 4

months.

Exempt: persons who are incapacitated; caring

for a severely disabled child requiring in-home

care; age at least 60; and victims of domestic

violence whose experiences justify considering

them incapacitated.

Ohio

24 months

Under age 1.

(County option.

If county

exempts parent

of infant, it must

require her to

participate in a

“developmental

activity,” such as

high school

completion.)

County discretion. County may assign persons

found to have a barrier to regular “work activity”

to one or more “alternative work activities.”

Examples: parenting classes and life-skills

training; substance abuse treatment; finding a

home (for a homeless family); residing in a

domestic violence shelter, receiving counseling or

treatment, or participating in criminal justice

activities against the offender (for a victim of

domestic violence); and studying English as a

second language. No more than 20% of a

county’s adult caseload may be assigned to

alternative work activities. In effect, these

persons are exempted from regular work

requirements.

Exemptions to

care for a young

child

Under age 1.

Other work exemptions

Exempt: persons who are disabled or

incapacitated; needed to care for a disabled or

incapacitated household member; and persons at

least age 65.

Sanction for failure to comply with work rules

First instance of noncompliance: $50 benefit cut

for 3 months. For repeat violations, the benefit

cut is increased to $75 and imposed for

progressively longer periods: second violation, 3

months; third violation, 6 months; subsequent

violations 12 months.

Progressive sanctions — First instance of

noncompliance: adult share of benefit is ended

for at least 1 month and case closed if

noncompliance persists 6 months. Second

violation: adult share of benefit is ended for at

least 2 months and case closed after 4 months of

continued noncompliance. For subsequent

violations: adult share of benefit is ended for 3

months, and case closed after 4 months of

continued noncompliance.

For failure to comply with self-sufficiency

contract, family benefit is ended (100% benefit

cut) for progressively longer periods: first

violation, 1 month or until compliance, if later;

second violation, at least 3 months; subsequent

violations, at least 6 months. Upon the third

violation, the adult also loses TANF-derived

Medicaid eligibility (but may be eligible on other

grounds).

CRS-22

State

Oklahoma

Maximum

months of

benefits without

work

24 months

Exemptions to

care for a young

child

Under 3 months.

Oregon

Not specified in

plan. (Note:

state limits a

recipient to 24

months of

benefits within

an 84 month

period.)

Under 90 days.

Pennsylvania

24 months

Under age 1.

Puerto Rico

24 months (6

months if judged

work-ready)

Under age 1.

Other work exemptions

None

Exempt: women in their ninth month of

pregnancy; VISTA volunteers; persons who must

travel an unreasonable distance or remain away

from home overnight; persons at least age 60;

and those determined to be unable to participate

because of individual conditions or

circumstances. Women in their seventh or eighth

month of pregnancy cannot be required to work

more than 10 hours per week.

Exempt: persons verified as physically or

mentally disabled and precluded from any form

of employment or work activity; caretakers of a

child under 6 for whom needed care is

unavailable..

Exempt: adults age 60 or older; persons with

verified physical or mental impairment that

prevents work; a woman in her last quarter of

pregnancy; and a single parent with a disabled

child who needs continual care.

Sanction for failure to comply with work rules

Case is closed for refusal to cooperate with

agreed upon work activities.

Progressive sanctions — first instance of

noncompliance: $50 benefit cut; continued

noncompliance after 2 months: removal of

noncomplying person from benefit; continued

noncompliance after another 4 months: loss of

eligibility for entire family. After being

sanctioned at a higher level, a person cannot

return to the first level sanction.

Progressive sanctions that also depend on time

spent on the program. During the first 24

months, the adult share of the benefit is ended

for periods that lengthen with repeat violations;

after 24 months this policy of progressively

longer penalty periods applies to the full family

benefit. First violation: a minimum of 30 days;

second violation: 60 days; third violation:

permanent. If a person voluntarily reduces

required work hours during the first 24 months,

the benefit is cut by the value of the reduced

earnings. If this occurs after the first 24 months,

the family’s eligibility ends.

Adult share of benefit is ended and child(ren)’s

benefit paid to a “protective” third party.

CRS-23

State

Rhode Island

South Carolina

Maximum

months of

benefits without

work

52 days after

developing

employment plan

(work or workreadiness); 24

months (work).

24 months

Exemptions to

care for a young

child

Under age 1.

Under age 1 (but

only if mother is

at least 25 years

old and has

completed high

school).

Other work exemptions

Exempt: persons with illness or injury that

temporarily prevents work and training; those

incapacitated by a physical or mental

impairment; at least 60 years old; needed to give

care to ill or disabled child or spouse; and

pregnant women in the third trimester. During

the first 3 months of an employment plan, the

second parent is exempt if the other parent

participates in work activity or when one parent

is ill or incapacitated. Deferred: 18- and 19-year

old adults who are successfully pursuing high

school diploma on a full-time basis; single adults

aged 20 or older who are participating in full

time program to attain basic literacy or English

language skills; and adults aged at least 20 who

are participating in vocational education or skills

or job training, including secondary education

without limit (program must have begun before

25th month and will not be deemed “work

activity” after 36th month of employment plan).

Exempt: persons with a verified physical or

mental impairment that prevents work, education,

or training; those caring for an incapacitated

person; those without needed child care or

reasonable transportation; and women in the last

trimester of pregnancy. In two-parent family,

second parent is exempt unless agency provides

child care for family.

Sanction for failure to comply with work rules

During first 24 months, adult share of benefit is

ended (after conciliation process) for violations.

After 24 months, progressive sanctions apply.

The benefit is cut by more than the adult’s share

as follows: during first 6 months of

noncompliance (months 25-30 of employment

plan); 110% of adult portion; during months 7

through 12 of noncompliance, 120% of adult

portion; during months 13 through 18 of

noncompliance, 130% of adult portion; during

months 19 through 24 months of noncompliance,

140% of adult portion. If the adult still fails to

comply, the family’s benefit will be reduced by

100% of the adult portion, and the child(ren)’s

benefit paid to a protective third party.

Family benefit is ended (after 30-day conciliation

process). To restore eligibility, adult must

reapply and demonstrate compliance for 30 days.

CRS-24

State

South Dakota

Maximum

months of

benefits without

work

24 months

Exemptions to

care for a young

child

Under 12 weeks.

Tennessee

Immediate

Under 4 months.

Texas

Not specified in

plan. (Note:

state has benefit

cut-off limits of

12 months, 24

months and 36

months,

depending on

work history and

education.)

Immediate

Under age 4

(does not apply

to child born

after parent’s

enrollment).

Utah

None specified.

Other work exemptions

Exempt: persons approved to receive disability

payments from the Veterans’ Administration or

the Social Security Administration.

Exempt: persons who are permanently disabled

or temporarily incapacitated; those at least age

60, and in-home caretakers of disabled relatives;

and, under certain conditions, victims of domestic

violence.

Caretakers of physically or mentally disabled

children who require the caretaker’s presence.

No exemptions. However, temporary

suspensions are for illness, medical problems,

and search for quality child care.

Sanction for failure to comply with work rules

For refusal of work or extra work hours (or for

ending work or reducing hours), family loses

eligibility for a maximum of 3 payment months.

For first failure to comply with a personal

responsibility plan, family receives a verbal

warning; for second failure, 50% benefit cut for

at least 1 month; for subsequent violations,

100% benefit cut and program disqualification

for 1 month.

For first violation, family benefit is ended (after

conciliation process) until compliance. For

second and subsequent instances, benefit is lost

for a minimum of 3 months.

Benefit cut of $78 monthly for a singlecaretaker case, $125 for a two-parent case.

Benefit cut of $100 (parent’s fixed portion).

Loss of full family benefit if a formal

conciliation process finds the parent is capable

of participation, but has chosen not to.

CRS-25

State

Vermont

Maximum

months of

benefits without

work

30 months

(single-parent

families); 15

months (twoparent families).

For families who

have not lived in

the state for 12

months, worktrigger limit is 5

months.

(Community

service required

after these

periods)

Exemptions to

care for a young

child

Under 6 months

(exemption from

participation in

JOBS — under

pre-TANF

waiver). Under

18 months

(exemption from

community

service). These

provisions apply

to families who

have reached the

work-trigger time

limits shown in

adjacent column.

Other work exemptions

Exempt: persons at least age 60, disabled or

incapacitated; caring for a disabled relative.

Also, waiver permits caretakers other than

relatives specified for AFDC to receive caretaker

benefits and exempts them from work and

training requirements.

Sanction for failure to comply with work rules

Penalties for a family at least 2 months away

from the work-trigger time limit — that is,

during first 28 months of benefits (13 months for

a two-parent family): First violation, adult share

of benefit is ended until compliance; for repeat

violations a minimum penalty period applies: 3

months for second offense, 6 months for

subsequent ones. After 28/13 months, when

family is within 2 months of work-trigger limit,

parent must undertake 2 months of job search.

Penalties for refusal to perform job search, or,

afterward, to accept a job or community service

employment: Cash aid is replaced by vendor

payments for major expenses (housing, food,

fuel and other utilities), and the family loses the

right to receive benefits by mail or electronic

transfer. Balances due the family, if any, are

paid at three required monthly meetings with the

caseworker, and special reporting requirements

are imposed. (In the case of a two-parent family

with an unemployed principal earner, the benefit

amount is reduced by the share of the noncomplying parent.) The vendor payment

sanction lasts until the parent accepts a

job/community service employment and fulfills

work requirements for at least 2 weeks. If

penalized family fails to attend required meetings

or submit reports, its TANF benefit is ended.

CRS-26

State

Virgin Islands

Maximum

months of

benefits without

work

Not specified in

plan

Exemptions to

care for a young

child

Under 6 months.

Other work exemptions

Exempt: persons certified physically/mentally

unable to work, and domestic violence victims in

a “protective setting.”

Virginia

90 days

Under 18

months.

Exempt: pregnant women (after first trimester);

non-parental caretakers; persons who are age 60

or incapacitated; sole caregivers of a relative who

is incapacitated (as shown by receiving SSI or

DI, or by a physician’s statement).

Washington

Immediate job

search required

None specified.

West Virginia

24 months

Under age 1.

(However, after

June 30, 1999,

this drops to

under 3 months.)

Under 6 months

(under 2 years

for 1st birth after

mother first

enrolls in

TANF).

Exempt: parents caring for a dependent child

with a life-threatening illness; persons over age

60; persons with a physical or mental incapacity

as defined by federal regulations; persons

suffering from a temporary debilitating injury;

relatives providing in-home care for a person

who would otherwise be institutionalized; and

women during the last trimester of pregnancy.

Sanction for failure to comply with work rules

First violation: Benefit reduced by adult share,

food stamps cut by 10%, and adult removed

from Medicaid. Repeat violations may result in

ending the family’s TANF case.

Family benefits are ended for progressively

longer periods: first instance of noncompliance,

at least 1 month or until compliance, if longer;

second violation, 2 months; third and subsequent

violations, 6 months. Also, local departments of

social services are authorized to end cash and

food stamp benefits of a person whose employer

dismisses him from a job subsidized with welfare

benefits because of attendance or performance

problems.

Adult share of benefit is ended. Full family

benefit may be ended, if determined appropriate.

Progressive sanctions — first instance of

noncompliance: one-third reduction of benefits

for 3 months; second violation: two-thirds

reduction of benefits for 3 months; third

violation: termination of benefits.

CRS-27

State

Wisconsin

Wyoming

Maximum

months of

benefits without

work

Immediate

Immediate job

search required.

Exemptions to

care for a young

child

Under 12 weeks.

Under 3 months.

Other work exemptions

None

Exempt: persons over age 65 unable to work;

and, under certain circumstances, victims of

domestic violence.

Sanction for failure to comply with work rules

A person who refuses to participate three times

in any component of the Wisconsin Works

program (W-2) loses eligibility for that

component. Every missed hour of required

activity in community service or “transitional

placement” causes a reduction of $5.15 in the

cash grant.

For a month in which the adult fails to comply

with the personal responsibility plan, the family

benefit (“performance payment”) is ended. Food

stamp and Medicaid benefits for that adult are

ended the next month. Food stamp and Medicaid

benefits continue for the child(ren).

a/ Table does not cover exemption/sanction rules for minor parents. Under federal law, unmarried minor parents without a high school diploma are ineligible

for TANF unless, once their youngest child is 12 weeks old, they return to school or enter an approved alternative educational or training program; they

also must live in an adult-supervised arrangement.