# Workforce Investment Act; Lower Living Standard Income Level

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2010-10794

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** May 7, 2010
- **Citation:** 75 FR 25296

## Text

DEPARTMENT OF LABOR
Employment and Training Administration
Workforce Investment Act; Lower Living Standard Income Level

AGENCY:

Employment and Training Administration, Labor.

ACTION:

Notice of Determination of Lower Living Standard Income Level.

SUMMARY:

Under Title I of the Workforce Investment Act (WIA) of 1998 (Pub. L. 105-220), the Secretary of Labor annually determines the Lower Living Standard Income Level (LLSIL) for uses described in the law. WIA defines the term “Low Income Individual” as one who qualifies under various criteria, including an individual who received income for a six-month period that does not exceed the higher level of the poverty line or 70 percent of the LLSIL. This issuance provides the Secretary's annual LLSIL for 2010 and references the current 2009 Health and Human Services “Poverty Guidelines.” Congress has taken action to keep the 2009 HHS poverty guidelines in effect until at least May 31, 2010.

DATES:

Effective Date:
This notice is effective on the date of publication in the
Federal Register
.

ADDRESSES:

Send questions about the Lower Living Standard Income Level calculations: Mr. Samuel Wright, Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room S-4231, Washington, DC 20210.

Send written youth program comments to: Mr. Evan Rosenberg, Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room N-4464, Washington, DC 20210.

For Further Information on LLSIL:
Please contact Mr. Samuel Wright, Telephone 202-693-2870; Fax 202-693-3015 (these are not toll free numbers); e-mail address
wright.samuel.e@dol.gov
.

For Further Information on Federal Youth Programs:
Evan Rosenberg, Telephone 202-693-3593; Fax 202-693-3532 (these are not toll free numbers).

SUPPLEMENTARY INFORMATION:

It is the purpose of the Workforce Investment Act of 1998 “to provide workforce investment activities, through statewide and local workforce investment systems, that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the Nation.”

The LLSIL is used for several purposes under WIA. Specifically, WIA Section 101(25) defines the term “low income individual” for eligibility purposes, and Sections 127(b)(2)(C) and 132(b)(1)(B)(v)(IV) define the terms “disadvantaged youth” and “disadvantaged adult” in terms of the

poverty line or LLSIL for state formula allotments. The Governor and state/local workforce investment boards (WIBs) use the LLSIL for determining eligibility for youth, eligibility for employed adult workers for certain services and for the Work Opportunity Tax Credit (WOTC). We encourage the Governors and state/local WIBs to consult WIA regulations and the preamble to the WIA Final Rule (published at 65 FR 49294 August 11, 2000) for more specific guidance in applying the LLSIL to program requirements. The Department of Health and Human Services (HHS) published the most current poverty-level guidelines in the
Federal Register
at 74 FR 4199-4201 on Jan. 23, 2009. The HHS 2009 Poverty guidelines may also be found on the Internet at:
http://aspe.hhs.gov/poverty/09fedreg.pdf
. ETA plans to have the 2010 LLSIL available on its Web site at [
http://www.doleta.gov/llsil/2010/
].

WIA Section 101(24) defines the LLSIL as “that income level (adjusted for regional, metropolitan, urban and rural differences and family size) determined annually by the Secretary [of Labor] based on the most recent lower living family budget issued by the Secretary.” The most recent lower living family budget was issued by the Secretary in the fall of 1981. The four-person urban family budget estimates, previously published by the Bureau of Labor Statistics (BLS), provided the basis for the Secretary to determine the LLSIL. BLS terminated the four-person family budget series in 1982, after publication of the fall 1981 estimates. Currently, BLS provides data to ETA through which ETA develops the LLSIL tables, as provided in the Appendices.

ETA published the 2009 updates to the LLSIL in the
Federal Register
of March 26, 2009, at 74 FR 13262. This notice again updates the LLSIL to reflect cost of living increases for 2009, by applying the percentage change in the most recent 2009 Consumer Price Index for All Urban Consumers (CPI-U) for an area, compared with the 2008 CPI-U to each of the March 26, 2009 LLSIL figures. Those updated figures for a family-of-four are listed in Appendix A, Table 1, by region for both metropolitan and non-metropolitan areas. Figures in all of the accompanying tables, in the Appendices, are rounded up to the nearest dollar. Since low income individuals, “disadvantaged adult” and “disadvantaged youth” may be determined by family income at 70 percent of the LLSIL, pursuant to WIA Sections 101(25), 127(b)(2)(C), and 132(b)(1)(B)(v)(IV), respectively, those figures are listed as well.

Jurisdictions included in the various regions, based generally on Census Divisions of the U.S. Department of Commerce, are as follows:

Northeast

Connecticut

Maine

Massachusetts

New Hampshire

New Jersey

New York

Pennsylvania

Rhode Island

Vermont

Virgin Islands

Midwest

Illinois

Indiana

Iowa

Kansas

Michigan

Minnesota

Missouri

Nebraska

North Dakota

Ohio

South Dakota

Wisconsin

South

Alabama

American Samoa

Arkansas

Delaware

District of Columbia

Florida

Georgia

Northern Marianas

Oklahoma

Palau

Puerto Rico

South Carolina

Kentucky

Louisiana

Marshall Islands

Maryland

Micronesia

Mississippi

North Carolina

Tennessee

Texas

Virginia

West Virginia

West

Arizona

California

Colorado

Idaho

Montana

Nevada

New Mexico

Oregon

Utah

Washington

Wyoming

Additionally, separate figures have been provided for Alaska, Hawaii, and Guam as indicated in Appendix B, Table 2.

For Alaska, Hawaii, and Guam, the year 2009 figures were updated from the April, 2009 “State Index” based on the ratio of the urban change in the state (using Anchorage for Alaska and Honolulu for Hawaii and Guam) compared to the West regional metropolitan change, and then applying that index to the West regional metropolitan change.

Data on 23 selected MSAs are also available. These are based on semiannual CPI-U changes for a 12-month period ending in June 2009. The updated LLSIL figures for these MSAs and 70 percent of the LLSIL are reported in Appendix C, Table 3.

Appendix D, Table 4 lists each of the various figures at 70 percent of the updated 2009 LLSIL for family sizes of one to six persons. Because tables 1-3 only list the LLSIL for a family of four, table 4 can be used to determine the LLSIL for families of one to six persons. For families larger than six persons, an amount equal to the difference between the six-person and the five-person family income levels should be added to the six-person family income level for each additional person in the family. Where the poverty level for a particular family size is greater than the corresponding LLSIL figure, the figure is indicated in parentheses. A modified Excel version of Appendix D, Table 4, with the area names, will be available on the Department of Labor, Employment and Training Administration LLSIL Webpage at [
http://www.doleta.gov/llsil/2010/
]. Appendix E, Table 5, indicates 100 percent of LLSIL for family sizes of one to six and is used to determine self-sufficiency as noted at 20 CFR 663.230 of the WIA regulations and WIA Section 134(d)(3)(A)(ii).

Use of These Data

Governors should designate the appropriate LLSILs for use within the state from Appendices A, B, and C, containing Tables 1 through 3. Appendices D and E, which contain Tables 4 and 5, which adjusts a family of four figure for larger and smaller families, may be used with any LLSIL designated. The Governor's designation may be provided by disseminating information on MSAs and metropolitan and non-metropolitan areas within the state or it may involve further calculations. For example, the State of New Jersey may have four or more LLSIL figures for Northeast metropolitan, Northeast non-metropolitan, portions of the State in the New York City MSA, and those in

the Philadelphia MSA. If a workforce investment area includes areas that would be covered by more than one figure, the Governor may determine which is to be used.

Under 20 CFR 661.110, a state's policies and measures for the workforce investment system shall be accepted by the Secretary to the extent that they are consistent with the WIA and the WIA regulations.

Disclaimer on Statistical Uses

It should be noted, the publication of these figures is only for the purpose of meeting the requirements specified by WIA as defined in the law and regulations. BLS has not revised the lower living family budget since 1981, and has no plans to do so. The four-person urban family budget estimates series has been terminated. The CPI-U adjustments used to update the LLSIL for this publication are not precisely comparable, most notably because certain tax items were included in the 1981 LLSIL, but are not in the CPI-U. Thus, these figures should not be used for any statistical purposes, and are valid only for those purposes under WIA as defined in the law and regulations.

Lower Living Standard Income Level for 2010

Under Title I of the Workforce Investment Act of 1998 (Pub. L. 105-220), the Secretary of Labor annually determines the Lower Living Standard Income Level (LLSIL). This Notice announces the LLSIL Tables for 2010. WIA requires the Department of Labor to update and publish the LLSIL tables annually. The LLSIL tables are used for several purposes under WIA, including determining eligibility for youth and for the Work Opportunity Tax Credit.

Signed at Washington, DC, this 30th day of April 2010.
Jane Oates,
Assistant Secretary, Employment and Training Administration.

Attachments

Appendix A

Table 1—Lower Living Standard Income Level (for a Family of Four Persons) by Region
1

Region
2

2010
adjusted LLSIL

70 percent
LLSIL

Northeast:

Metro
$38,759
$27,131

Non-Metro
3

37,060
25,942

Midwest:

Metro
34,161
23,913

Non-Metro
33,026
23,118

South:

Metro
33,043
23,130

Non-Metro
32,318
22,623

West:

Metro
37,471
26,230

Non-Metro
4

35,758
25,031

1
For ease of use, these figures are rounded to the next highest dollar.

2
Metropolitan area measures were calculated from the weighted average CPI-Us for city size classes A and B/C. Non-metropolitan area measures were calculated from the CPI-Us for city size class D.

3
Non-metropolitan area percent changes for the Northeast region are no longer available. The Non-metropolitan percent change was calculated using the U.S. average CPI-U for city size class D.

4
Non-metropolitan area percent changes for the West region are unpublished data.

Appendix B

Table 2—Lower Living Standard Income Level (for a Family of Four Persons)—Alaska, Hawaii and Guam
1

Region

2010
adjusted LLSIL

70 percent
LLSIL

Alaska:

Metro
$45,047
$31,533

Non-Metro
2

44,866
31,406

Hawaii, Guam:

Metro
48,432
33,902

Non-Metro
2

47,898
33,529

1
For ease of use, these figures are rounded to the next highest dollar.

2
Non-Metropolitan percent changes for Alaska, Hawaii and Guam were calculated from the CPI-Us for city size class D in the Western Region.

Appendix C

Table 3—Lower Living Standard Income Level (for a Family of Four Persons) 23 MSAs
1

Metropolitan statistical areas (MSAs)

2010
Adjusted LLSIL

70 Percent
LLSIL

Anchorage, AK
$46,172
$32,320

Atlanta, GA
31,353
21,947

Boston—Brockton—Nashua, MA/NH/ME/CT
41,891
29,324

Chicago—Gary—Kenosha, IL/IN/WI
35,821
25,075

Cincinnati—Hamilton, OH/KY/IN
34,327
24,029

Cleveland—Akron, OH
35,129
24,590

Dallas—Ft. Worth, TX
31,646
22,152

Denver—Boulder—Greeley, CO
35,695
24,987

Detroit—Ann Arbor—Flint, MI
32,916
23,041

Honolulu, HI
49,497
34,648

Houston—Galveston—Brazoria, TX
30,562
21,393

Kansas City, MO/KS
33,064
23,145

Los Angeles—Riverside—Orange County, CA
39,521
27,665

Milwaukee—Racine, WI
34,073
23,851

Minneapolis—St. Paul, MN/WI
34,156
23,909

New York—Northern NJ—Long Island, NY/NJ/CT/PA
41,130
28,791

Philadelphia—Wilmington—Atlantic City, PA/NJ/DE/MD
37,407
26,185

Pittsburgh, PA
41,025
28,718

St. Louis, MO/IL
32,268
22,588

San Diego, CA
43,298
30,309

San Francisco—Oakland—San Jose, CA
39,916
27,941

Seattle—Tacoma—Bremerton, WA
40,784
28,549

Washington—Baltimore, DC/MD/VA/WV
2

41,669
29,168

1
For ease of use, these figures are rounded to the next highest dollar.

2
Baltimore and Washington are now calculated as a single metropolitan statistical area.

Appendix D

Table 4—Seventy Percent of Updated 2010 Lower Living Standard Income Level (LLSIL), by Family Size

To use the seventy percent LLSIL value, where it is stipulated for WIA programs, begin by locating the region or metropolitan area where they reside. These are listed in Tables 1, 2 and 3. After locating the appropriate region or metropolitan statistical area, find the seventy percent LLSIL amount for that location. The seventy percent LLSIL figures are listed in the last column to the right on each of the three tables. These figures apply to a family of four. Larger and smaller family eligibility is based on a percentage of the family of four. To determine eligibility for other size families consult Table 4 and the instructions below.

To use Table 4, locate the seventy percent LLSIL value that applies to the individual's region or metropolitan area from Tables 1, 2 or 3. Find the same number in the “family of four” column of Table 4. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the maximum household income the individual is permitted in order to qualify as economically disadvantaged under WIA.

Where the HHS poverty level for a particular family size is greater than the corresponding LLSIL figure, the LLSIL figure appears in a shaded block. Individuals from these size families may consult the 2009 HHS poverty guidelines found in the
Federal Register
, Vol. 74, No. 14, January 23, 2009, pp. 4199-4201 (on the Internet at
http://aspe.hhs.gov/poverty/09fedreg.htm
) to find the higher eligibility standard. Individuals from Alaska and Hawaii should consult the HHS guidelines for the generally higher poverty levels that apply in their states.

Family
of one

Family
of two

Family
of three

Family
of four

Family
of five

Family
of six

7,708
12,628
17,332
21,393
25,248
29,527

7,902
12,951
17,784
21,947
25,901
30,289

7,980
13,077
17,949
22,152
26,146
30,575

8,138
13,332
18,299
22,588
26,657
31,172

8,151
13,353
18,326
22,623
26,697
31,222

8,298
13,595
18,667
23,041
27,190
31,796

8,329
13,644
18,730
23,118
27,287
31,910

8,331
13,650
18,736
23,130
27,299
31,928

8,331
13,658
18,753
23,145
27,314
31,944

8,587
14,074
19,322
23,851
28,148
32,918

8,611
14,110
19,372
23,909
28,218
33,000

8,609
14,112
19,370
23,913
28,217
33,006

8,653
14,183
19,469
24,029
28,358
33,163

8,854
14,515
19,921
24,590
29,021
33,936

8,999
14,747
20,245
24,987
29,486
34,486

9,013
14,770
20,279
25,031
29,541
34,550

9,028
14,800
20,311
25,075
29,593
34,610

9,342
15,312
21,020
25,942
30,617
35,801

9,431
15,453
21,213
26,185
30,904
36,138

9,443
15,476
21,247
26,230
30,951
36,201

9,771
16,014
21,978
27,131
32,020
37,444

9,960
16,322
22,409
27,665
32,645
38,182

10,064
16,491
22,633
27,941
32,974
38,564

10,284
16,846
23,128
28,549
33,692
39,400

10,344
16,950
23,267
28,718
33,893
39,635

10,366
16,991
23,321
28,791
33,974
39,738

10,505
17,216
23,631
29,168
34,425
40,261

10,559
17,303
23,759
29,324
34,607
40,468

10,917
17,884
24,555
30,309
35,768
41,832

11,311
18,530
25,442
31,406
37,062
43,341

11,358
18,606
25,546
31,533
37,212
43,522

11,641
19,076
26,183
32,320
38,146
44,604

12,074
19,787
27,161
33,529
39,565
46,271

12,212
20,005
27,466
33,902
40,008
46,792

12,478
20,444
28,065
34,648
40,886
47,821

Appendix E

Table 5—Updated 2010 LLSIL (100%), By Family Size

To use the LLSIL to determine the minimum level for establishing self-sufficiency criteria at the state or local level, begin by locating the metropolitan area or region from Table 1, 2 or 3. Then locate the appropriate region or metropolitan statistical area and then find the 2010 Adjusted LLSIL amount for that location. These figures apply to a family of four. Locate the corresponding number in the family of four in the column below. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the minimum figure States must set for determining whether employment leads to self-sufficiency under WIA programs.

Family
of one

Family
of two

Family
of three

Family
of four

Family
of five

Family
of six

$11,011
$18,040
$24,760
$30,562
$36,069
$42,182

11,289
18,501
25,406
31,353
37,002
43,270

11,400
18,681
25,641
31,646
37,352
43,678

11,625
19,045
26,142
32,268
38,081
44,531

11,644
19,075
26,180
32,318
38,139
44,603

11,854
19,421
26,667
32,916
38,843
45,423

11,899
19,491
26,757
33,026
38,981
45,586

11,901
19,500
26,765
33,043
38,999
45,611

11,902
19,511
26,790
33,064
39,020
45,634

12,267
20,106
27,603
34,073
40,211
47,025

12,301
20,157
27,674
34,156
40,312
47,143

12,299
20,160
27,671
34,161
40,310
47,151

12,361
20,261
27,813
34,327
40,511
47,375

12,649
20,736
28,459
35,129
41,459
48,480

12,856
21,067
28,922
35,695
42,123
49,265

12,875
21,100
28,970
35,758
42,201
49,357

12,897
21,143
29,015
35,821
42,275
49,443

13,345
21,874
30,028
37,060
43,739
51,144

13,473
22,075
30,304
37,407
44,149
51,625

13,490
22,108
30,353
37,471
44,216
51,716

13,958
22,877
31,397
38,759
45,743
53,491

14,229
23,317
32,013
39,521
46,636
54,546

14,377
23,558
32,333
39,916
47,105
55,092

14,692
24,065
33,040
40,784
48,131
56,285

14,777
24,214
33,238
41,025
48,418
56,622

14,809
24,273
33,316
41,130
48,534
56,769

15,007
24,594
33,758
41,669
49,179
57,515

15,084
24,719
33,941
41,891
49,438
57,811

15,596
25,548
35,078
43,298
51,097
59,760

16,159
26,472
36,346
44,866
52,945
61,916

16,225
26,580
36,494
45,047
53,160
62,174

16,630
27,252
37,404
46,172
54,494
63,720

17,249
28,267
38,801
47,898
56,522
66,102

17,445
28,578
39,237
48,432
57,154
66,845

17,826
29,205
40,093
49,497
58,409
68,316

[FR Doc. 2010-10794 Filed 5-6-10; 8:45 am]
BILLING CODE 4510-FT-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2010-10794. Public record. Not legal advice.