And now for more
of Regulating the Poor:(1)
Summary by Don
Friedman, CFRC
9/4/97
TABLE OF CONTENTS
INTRODUCTION
and NOTES
BASIC PROGRAM - Family Assistance/Safety Net
Assistance
BASIC PROGRAM - INCOME, RESOURCES, HOUSEHOLD
COMPOSITION
EMERGENCY AID
SPECIAL
POPULATIONS
Immigrants
New
state residents
Victims of domestic violence
People with alcohol and substance abuse problems
Teen parents - residence
Nasty people
WORK
RULES
Participation and exemptions
Disability
program
Assessments and employability plans
Mandatory
work requirements
Educational
activities
Work experience program (WEP)
Supportive services
Sanctions
CERTAIN LOCAL OPTIONS
Child Assistance Program (CAP)
Privatization
Local flexibility incentive pilot program
OTHER BENEFIT PROGRAMS
Medicaid and PA
Food Stamps
Food Assistance Program for certain immigrants
BLOCK GRANT FOR CHILD CARE
STATE OPERATIONS, FUNDS, RELATION WITH DISTRICTS
State administrative structure
Single
state agency
Electronic Benefit Transfer system (EBT)
Data
collection
Federal
sanctions/state sanctions
Transfer
of funds
Performance
awards
MISCELLANEOUS
Learnfare
Confidentiality
Placement of foster children
Effective
dates
GLOSSARY
INTRODUCTION
On August 20, 1997, Governor
Pataki signed the Welfare Reform Act of 1997, which had been adopted by the state
legislature two weeks earlier. It represents the state's response to Federal welfare
reform and a substantial reshaping of New York's public assistance program. The Act is
about 125 pages long and difficult to summarize concisely. Many of the provisions are
subject to varying interpretations, and, for many components, we must await state
regulations and local implementation before we know precisely the form they will take.
With these words of caution, the following is an initial effort to describe, in some
detail, the provisions of the new law.
Notes:
(1) Glossary: See last
page for a glossary of abbreviations
(2) Scope: This
summary covers primarily welfare changes mandated by the new state law. This is not a
comprehensive description of the welfare system; parts of the welfare law that were
not changed are, for the most part, not discussed.
(3) Sections: Section
numbers, if not otherwise designated, refer to sections of the Welfare Reform Act itself,
not to the sections of the law that they amend.
(4) Districts refer to
the local social services districts (that is, the counties, except for New York City,
which is one district)
Final note: A word of
thanks to the folks who called in with comments and corrections. All remaining errors are
the sole responsibility of the Governor and the Legislature.
BASIC PROGRAM - FAMILY
ASSISTANCE/SAFETY NET ASSISTANCE
FAMILY ASSISTANCE (starts
at §32)
FA is the basic benefit for
households with a child under 18 (or under 19 and regularly attending school) living with
a parent or other related adult (§34).
Time limit on Family
Assistance (§37)
No TANF-funded aid(2) (FA, EAF, etc.) shall be given to any family with
an adult who has received PA or any TANF-funded assistance in any state for a
cumulative period of 60 months (over a lifetime).
Assistance received as a
minor child who is not the head of household or married to the head of household, does not
count toward an adult's 60-month time limit.
Families can receive a
hardship exemption from the time limit if an adult is unable to work due to verified
physical or mental impairments, including those resulting from domestic violence, or if an
adult family member receives SSI.
SNA assistance does
count toward the 60-month limit..(3)
Reclassifying certain
people - Persons on FA awaiting an SSI eligibility determination may currently or
retroactively be reclassified so that they are receiving FA but only with state funds (4) (§35).
Note on Jiggetts
- Despite the Governor's initial proposals, the final welfare legislation appears to leave
intact the legal provisions underlying the Jiggetts litigation, which concerns the
adequacy of the NY shelter grant for families.
SAFETY NET ASSISTANCE
(SNA) (§44 etc.)
SNA is available to
households that are financially needy, not under sanction, and are:
1. Families who reached the
FA time limit,
2. Adults without dependent
children,
3. Families with an adult or
minor head of household abusing drugs or alcohol,
4. Persons under 18 without a
child and without relatives to live with,
5. Families with a person who
failed to comply with drug screening, assessment or treatment requirements (minus the
non-complying family member),
6. Qualified aliens
ineligible to receive FA solely due to federal welfare rules concerning immigrants, or
non-qualified aliens who are permanently residing in the U.S. under color of law (PRUCOL)
(for definitions of these terms, see footnotes 9 and 11 in the Immigrant section).
SNA - Form of benefits
(§46-a)
Benefits will remain at
current levels, but will be provided as follows:
a) SNA (cash) - Adults
without children and those under 18 (SNA categories (2) and (4), above) and persons
receiving SNA because of their immigration status (category 6) can receive SNA in cash for
2 years in a lifetime, starting 8/4/97.(5) [Remember that under pre-existing law, benefits to
families can be restricted if there is mismanagement of funds, and districts have broad
discretion to restrict benefits to singles.]
Exceptions to the 2-year
limit - Persons exempt from the work requirements based on disability receive
non-time-limited cash SNA unless there is a finding of alcohol or substance abuse (see
section on substance abuse below).
Adults who are eligible for
health services under a Special Needs Plan (SNP's) based on HIV/AIDS will receive non-time
limited cash, whether or not the SNP's are actually available in their district. (6)
b) Non-cash SNA - SNA
recipients in categories 2, 4 and 6, above, who reach the 2-year cash limit, as well as
those in categories 1, 3 and 5, will receive benefits as follows:
1) Housing - The
shelter grant will be provided as a 2-party check, direct vendor payment, or in another
restricted form, up to the amount of the shelter grant, subject to the Spiegel Act. The
recipient may request an amount greater than the shelter maximum (presumably limited to
the full SNA grant amount).(7)
The recipient may opt to
receive the rent as a 2-party check, but the district may require vendor payment if the
recipient persistently fails, without good cause, to pay the rent.
2) Utilities - If the
client pays separately for utilities, then payment, including fuel for heating, if
appropriate, will be provided as a 2-party check, direct vendor payment, or other
restricted form. The client may request payment in excess of the prescribed fuel for
heating amount. (8)
Proof of payment - for
both shelter and utilities, on the client's request, the district must provide proof of
payment.
3) Personal needs
allowance - The district must provide 20% of the grant (not including the shelter
benefit) in cash. This figure may have to be reduced if the amounts restricted for
utilities and housing leave less than 20% available for cash.
4) Remainder of grant
- The remainder of the grant, if any, will be provided in non-cash form, accessible
through an Electronic Benefit Transfer system (EBT), once such a system is operational in
the district (see EBT section below).(9) This section will not go into effect in districts
where EBT is not yet in place, and these benefits will continue to be provided in cash.
Additional note on SNA - The
reduced benefit received by new state residents under §6 of
this law and cash assistance for refugees count towards the 2-year SNA cash time limit.
BASIC PROGRAM - INCOME, RESOURCES, HOUSEHOLD
COMPOSITION
Earned income disregards (§12)
The initial $90 monthly
disregard (of gross earned income) remains in effect.(10) The
time-limited $30 and a disregards are eliminated, as are the disregards
for child care payments.
For FA households that have
received PA in at least 1 of the past 4 months, 42% of earned income (after the $90
deduction) will be disregarded. This percentage will be annually adjusted starting in
1998, such that a household of 3 in NYC will remain eligible for FA until their gross
earnings reach the federal poverty level. The disregard is not time-limited.
Home Relief disregard (§47,
§77) - There is a provision permitting
districts to give earned income disregards in certain situations to HR's, now SNA's. §47 of
the new law retains this provision (SSL §165); §77 repeals it. (???)
Support pass-through (§12)
The $50 pass-through of
monthly child support payments remains unchanged (the Governor had proposed reducing it to
$25).
Resource exemptions (§16)
The following resources are
exempt and will not affect PA eligibility:
$2000; but for households
with someone over 60 years, $3000,
A home that is the
household's usual residence,
A car with a value up to
$4650,
One burial plot per household
member,
Funeral agreements worth up
to $1500 per household member,
Funds in an Individual
Development Account (see below),
For 6 months, real property
the family is making a good-faith effort to sell,
Personal property necessary
for business or employment, and
Earned income tax credit
refunds
Individual Development
Accounts (IDA's) (§39) - People will be permitted to accumulate IDA's
(as described in federal law) by contributing earned income or contributions from
non-profit organizations.
Household Composition -
Temporary absence (§11)
No PA will be provided for a
minor child absent or expected to be absent from the household for 45 or more days without
good cause. PA will also be terminated to parents who fail to notify the district once it
becomes clear a child will be absent for that period of time. Good cause includes
placement in foster care as long as return to the home is the service plan goal,
attendance at school, and hospitalization if return is expected in a reasonable time.
EMERGENCY
AID - Emergency assistance
to families (EAF) (§38)
The rule limiting EAF to no
more than 30 days in any 12-month period is eliminated.
EAF cannot be used if it
would duplicate regular PA benefits for which a person is eligible or would be eligible
but for a sanction.
EAF can be received in
amounts specified by the Office of Temporary and Disability Assistance (TADA) by children
in foster care, and people in various public or group facilities.
SPECIAL
POPULATIONS
IMMIGRANTS
(§7)
[See also the section on
New State Residents, below]
All benefits - The
following groups can receive FS, FA, SNA, MA, state SSI supplements, and Title XX
services: (a) Citizens, including immigrants who have naturalized; (b) for a period of 5
years(11), refugees, asylees, and those for whom deportation
has been withheld; (c) permanent residents who have 40 quarters of covered work, not
counting any quarter after 12/31/96 in which the person received any "federal
means-tested assistance"; (d) immigrants on active duty in the military or with an
honorable discharge, and their spouses and unmarried dependent children.
All but federal Food
Stamps - The following groups can receive FA, SNA, MA, state SSI supplements (to the
extent they retain federal SSI eligibility), Title XX services, but not federal FS: (a)
Qualified aliens (12)who were lawful residents before 8/22/96, and (b)
qualified aliens who were lawful residents after 8/22/96, but only after a 5-year waiting
period.
Only SNA and emergency MA
- The following groups can receive SNA and MA for emergency medical treatment (unless
federal MA law changes): Qualified aliens who entered the U.S. after 8/22/96, during their
5-year waiting period, non-qualified aliens who are permanently residing in the U.S. under
color of law (PRUCOL)(13. In addition, PRUCOL immigrants are entitled to
full MA benefits if, as of 8/4/97, they were receiving MA benefits in a nursing facility,
Office of Mental Retardation and Developmental Disabilities or Office of Mental Health
facility.
Parolees - Persons
paroled into the U.S. for less than one year can receive only state or local non-federal
aid, on the same terms as qualified aliens.
Protective services - All
immigrants can receive local non-cash aid in accord with the directions of the U.S.
Attorney General, emergency MA, and appropriate adult and child protective services.
Sponsor deeming - For
FA and MA, the income and resources of sponsors who signed affidavits of support, and of
their spouses, will be deemed available to immigrant applicants and recipients, to the
extent permitted by federal law. The PRWORA (§421) authorizes this deeming until the immigrant
either becomes a citizen or attains 40 quarters of covered work.(14)
The district must ask
sponsors to reimburse benefits paid to the immigrant, and may proceed in court within 10
years after assistance was last provided.
Pre-natal care - Eligibility
for Medicaid coverage for pre-natal care as provided in Lewis v. Grinker remains
unchanged, as long as the order in that case remains in effect. This essentially means
that such care is available without regard to immigration status.
Reporting to INS - Districts
must report to the department the names, addresses and other information regarding
immigrants known to be here illegally.
NEW STATE RESIDENTS (§6)
People must be in the state 1
year to establish state residence. New residents from elsewhere in the U.S. can, during
that first year, receive only 50% of what would have been their NY benefit or their prior
state's benefit, whichever is higher, up to the NY benefit level.
The 50% rule does not apply
to immigrants entitled to refugee cash assistance(15). The 50% rule does apply to all other
immigrants who were living in this state as of August 20, the effective date of the Act);
immigrants arriving in NY after that date (whether from another country or another state)
will be eligible for no benefits for their first year here.
The new state residency rules
do not appear to apply to MA eligibility.
VICTIMS OF DOMESTIC VIOLENCE (d.v.) (§36)
Districts must notify all PA
clients of domestic violence protection procedures and services.
The district must
periodically inquire, using a "universal screening form," into the
presence of d.v. problems. Client response is voluntary and confidential, unless required
to be released by law, such as information regarding child abuse or neglect, which will be
reported to child protective services.
If the screening indicates
d.v., the person must be referred to a trained d.v. liaison, who will assess the
credibility of the claim, which must include a sworn statement by the individual.
If the claim is found
credible, the person will be informed of available services. The liaison will determine to
what extent d.v. is a barrier to compliance with PA rules or to employment, and can waive:
residence rules, child support cooperation, and employment and training rules. Waivers
must be based on a finding of good cause, that is, that application of the usual rules
would make it more difficult for the family to escape d.v., or would increase the risk of
d.v.
The 60-month benefit time
limit can be waived only if the client would have been exempt from work due to a
d.v.-related impairment or needs to care for a child with a d.v.-related impairment.
Initial waivers will be for
at least 4 months, subject to on-going review.
PEOPLE WITH ALCOHOL AND SUBSTANCE ABUSE PROBLEMS
(§23)
Districts must require screening
(using a "standardized screening instrument") for alcohol or substance abuse at
applications and periodically thereafter.
If the screening gives reason
to believe that there is a problem, there must be a formal assessment by an OASAS(16-credentialed professional, which may include drug
testing.
If the formal assessment
indicates that the person is unable to work due to the need for treatment, s/he must be
referred to a licensed or certified program. If residential treatment is needed, the
district must make diligent efforts to keep families intact.
A person who fails to
participate in screening or assessment is ineligible for aid and the rest of the family
can only receive SNA and MA.
If a person is referred for
treatment, the household will receive only SNA and MA while that person is in treatment or
if treatment is unavailable.
If the person fails to
complete required treatment (as defined by the program) or leaves treatment without good
cause, or if s/he loses SSD or SSI due to non-compliance with treatment, s/he is
disqualified from receiving PA and MA, until "the failure ceases" and:
The first time, 45 days
The second time, 120 days
The third time, 180 days
The rest of the household
will receive SNA. The law (inadvertently?) suggests that the rest of the family will lose
MA eligibility.
If a person under sanction
returns to residential care, SNA and MA benefits can resume.
Drug-related felonies -
the Gramm Amendment (§121) - NY opts out of PRWORA §115
which would otherwise require a lifetime ban on FA and FS benefits for people with a
drug-related felony conviction.
TEEN PARENTS - RESIDENCE (§10)
The rule that pregnant and
parenting teens must reside with a parent, guardian or in some other appropriate
adult-supervised setting remains, with certain modifications:
The old rule applied to teens
who had never married; it now applies to any teen who is not now married. The
former rule exempting teens who had been out of the house for at least 1 year is
eliminated.
The rule exempting teens and
children who might have their physical or emotional health jeopardized is reworded to
exempt teens or their children who have been subjected to serious physical or emotional
harm or sexual abuse in the residence of their parent or guardian, or there is substantial
evidence of imminent or serious harm.
If the teen alleges facts
that would meet these standards, the department cannot impose the residence requirement
until they have investigated the situation.
The rule allowing an
exemption for other good cause is replaced with a waiver if it is in the best interest of
the minor child.
Unless the current living
arrangement is found to be appropriate, teen parents not required to live with a parent,
guardian or other relative, must reside in adult-supervised supportive living
arrangements. The district must provide the arrangements or assist in locating them.
NASTY
PEOPLE
Misrepresenters (§11)
- A person convicted of misrepresenting their residence in order to receive benefits
in more than one state cannot receive PA for 10 years.
Fleeing felons and others
(§11) - A person fleeing to avoid prosecution,
custody or conviction for a felony, or violating probation or parole (as officially
determined by a court or administrative proceeding) cannot receive PA.
Liars - (§41)
- Any person found by a court or administrative hearing to have lied in order to receive
PA cannot have his/her needs taken into account in the PA case:
The first time, for 6 months
The second time, or if the
act resulted in the wrongful receipt of $1000 to $3900, for 12 months
The third time, or if the act
resulted in the wrongful receipt of over $3900, for 18 months
All subsequent times, for 5
years
WORK
RULES (§148)(17)
All adult recipients of PA
must be engaged in work "as soon as practicable," (subject to the exemptions
below) and for adults receiving TANF-related funds (FA), this must be no later than 24
months after benefits begin.
Whether or not they have been
given an assignment, applicants and recipients must, on request, demonstrate that they are
actively trying to find work or to improve their employability, and must accept any offer
of lawful employment. The regular sanctions (described below) will apply for failure to
comply.
In all work assignments and
programs, the district shall not permit discrimination based on "race, color,
national origin, sex, religion, or handicap."
Participation and exemptions
Individuals are exempt from
the work requirements if they are ill, incapacitated, 60 years or older, or deemed to be
disabled (see Disability Program below).
An individual can be exempt
if caring for an ill or incapacitated member of the household. If a person provides this
care for the number of hours specified in the participation rates, then this care will be
counted as community service.
There is a cumulative
12-month exemption for the parents and caretakers of children under the age of 1 year, but
only 3 months can be used for any one child. However, the district has discretion to
extend the exemption to up to 12 months per child.(18)
Pregnant women are exempt
after the eighth month of pregnancy, or, as stated in the law, beginning 30 days before
the "medically verified date of delivery."
The exemption based on the
inaccessibility of transportation is eliminated. If there are transportation problems, the
district must make "diligent efforts" to assist the person. If the lack of
transportation poses a direct barrier to participation, the district must make a
"reasonable effort" to assign the person to an activity in the "closest
possible proximity" to home.
The provision exempting
recipients employed more than 30 hours per week and the provision exempting HR's working
20 hours per week are repealed. However, employment is now on the list of countable work
activities. It therefore seems that recipients working the required number of hours per
week (see Mandatory work requirements, below) should be exempt from additional
assignments.
Provisions exempting those
under 16 and those under 19 and in school full-time, remain unchanged.
Disability
program
At application,
recertification and other appropriate times, districts must inquire whether an individual
has a medical condition that would limit the ability to participate in work activities.
Adults who are eligible for
health services under a Special Needs Plan (SNP's) based on HIV/AIDS or mental health
status are automatically considered disabled and either unable to work or
work-limited (for an explanation of SNP's, see footnote 6).
Individuals must be notified
of the opportunity to provide, within 10 calendar days, medical documentation of their
condition, including drug prescriptions and reports from treating health care
practitioners. These reports must contain a specific diagnosis and statement of
work-related limitations.
The district has sole
discretion on whether to accept the client's evidence as sufficient. If it does accept the
documentation, work assignments must be modified accordingly.
If the district feels that
further evaluation is needed, the client may be referred to a practitioner certified by
the Office of Disability Determinations (ODD).
If, before the client submits
her own documents, s/he is referred to an ODD practitioner, s/he must make her best effort
to bring the documents to the ODD exam, or must submit them to ODD within 4 days after the
exam unless s/he shows good cause for not doing so.
The ODD practitioner must
review all of the client's records, make a specific diagnosis, provide an opinion, report
any other conditions, and determine whether the person is disabled and unable to work for
a stated period of time and therefore exempt from the work requirements, or work-limited,
or neither.
No assignment can be made
until this determination is made, unless the client consents.
Once the client receives
notice of the determination, s/he will receive notice of a right to a hearing. If a
hearing is timely requested, no assignment can be made until there is a hearing and
decision, unless the client consents to it. But if the district has reason to believe that
the client is not actually suffering from the alleged condition, it may provide notice of
a potential sanction if the district determines, based on "clear medical
evidence," that the person intentionally misrepresented his/her condition.
Persons who are work-limited
may be assigned to work only if it is consistent with their treatment plan, and determined
appropriate by the district. If an assignment is not part of the treatment plan, the
person is deemed engaged in work if complying with the treatment plan (does s/he also have
to comply with the assignment?). If there is no treatment plan, the assignment must be
consistent with the person's physical and mental limitations.
On making the assignment, the
district must advise the work-site supervisor of the person's limitations.
Assessments and employability plans
Households with dependent
children - Recipients in these households who are at least 18, or 16-17 if they lack a
high school diploma and are not in school, must have an assessment of their education,
literacy, English, basic skills and support service needs.
The assessment must be
completed within 90 days of the finding of eligibility, but assignments may be made before
the assessment is completed.
Consistent with the
assessment, an employability plan will be written, which reflects the client's preferences
to the extent possible(19), but taking into account the need of the district
to meet participation rates.
Households without
dependent children - Recipients in these households must be assessed, to the extent
resources are available, within one year, but can be assigned before that, and to any
activity. There is no mention of the client's preferences.
Mandatory work requirements
Rates - In each
district, the following percentage of the designated population must be engaged in
appropriate work activities:s(20)
For the TANF (essentially FA)
population, the rates are: 25% in 1997, 30% in 1998, 35% in 1999, 40% in 2000, 45% in
2001, and 50% by 2002. These rates are mandated unless a different rate is imposed by
federal law.(21)
For 2-parent families and SNA
households, the rates are: 75% in 1997 and 1998, and 90% thereafter.
Hours - A person is
considered to be engaged in work sufficient to be counted towards the mandated
participation rates only if working the required number of hours per week. The required
weekly hours are:
For families: 20 hours in
1997 and 1998, 25 hours in 1999, and 30 hours in 2000.
For 2-parent families and
households with no dependent children: 35 hours.
For households with a child
under 6, the work requirement is met with 20 hours of work activity.
If a 2-parent family receives
federally funded child care and no parent is disabled or caring for a severely disabled
child, then one parent must work at least 35 hours and the other parent must work at least
20 hours.
A person receiving SNA who is
exempt or work-limited is deemed to be engaged in work, as defined by regulation.
Maximum hours - No
person can be required to engage in assigned activities for more than 40 hours in a week.
List of activities - The
activities which can meet the work requirement are the following, BUT subject to
the limitations described below. Districts may provide these and additional
activities:
a) unsubsidized employment
b) subsidized private sector
employment
c) subsidized public sector
employment
d) work experience program
(WEP) in the public or non-profit sector if sufficient private sector employment is not
available
e) on-the-job training
f) job search and job
readiness (for 6 weeks, no more than 4 consecutively)
g) community service (CS); CS
is not defined in the statute
h) vocational educational
training (but for no more than 12 months)(22)
i) job skills directly
related to employment
j) education directly related
to employment if the person lacks a high school diploma
k) satisfactory attendance in
secondary school or GED program
l) providing child care to
someone doing community service
m) job search and job
readiness (beyond the 6-week federal time limit)
n) educational activities,
which can include high school or equivalent, basic education, English as a second
language, up to 2 years of post-secondary education - that is directly related to
employment - in a 2-year college, trade or business school. [The educational activities
list is unchanged.]
BUT
For households with dependent
children at least 20 hours per week, and for 2-parent families at least 30 hours per week
must come from items (a) - (i) on the list. For households without dependent children, at
least 30 hours per week must come from items (a) - (e).
A recipient can only be
assigned to provide child care if s/he requests to do so in writing.
The Family Court may assign
non-custodial parents of children on PA to the work experience program.
Educational activities
Teen parents under 18 who
have a child at least 12 weeks old, and who lack a high school diploma, must participate
in educational activities toward a diploma or approved employment-related education.
Teen heads of household under
20 with satisfactory school attendance are considered to be engaged in work.
As provided under prior law,
teens under 18 are required to engage in high school or equivalent; teens 18 or 19 must
engage in education unless an alternative activity is more appropriate.
The education mandate for
those 20 and older lacking high school is eliminated. But the district can require any
person to work towards a high school diploma unless found by an appropriate professional
to lack the needed capacity.
In addition, the law retains
the provision that districts shall encourage and may require persons lacking basic
literacy to participate in basic literacy(23) or high school equivalency programs, or in
education combined with other training.
Adults in a 2-parent family
who are under 25 may be required to engage in educational activities.
The provision authorizing
self-initiated education and training to count as a person's work participation and
prohibiting interference with that activity is repealed. However, people are still
permitted, at least until they are called in for mandated activity, to voluntarily engage
in appropriate activities, and to receive supportive services.
Person's engaged in
educational activities described here may be periodically reevaluated and reassigned in
order to meet participation rates.
Work experience program (Workfare)
Districts may
establish WEP programs.
The maximum hours that can be
assigned will be calculated by dividing the PA grant plus the FS grant by the higher of
the state or federal minimum wage.(24)
The requirement that WEP
improve employability is deleted, as is the requirement that a person's WEP assignment
cannot continue beyond 6 months unless there is a reassessment.
To the existing
anti-displacement provision is added the requirement that a person cannot be given an
assignment that would involve a "substantial portion of the work ordinarily and
actually performed by regular employees," or that would result in the loss of a
bargaining unit position as a result of WEP workers doing work ordinarily performed by
regular employees.
There can be no assignment to
a work site engaged in a "legal strike" or an employer lockout.
People who are required to
work in WEP or CS are considered "public employees" for purposes of Labor Law §27-a,
which covers workplace health and safety.
People in WEP or CS must also
be covered by workers' compensation or equivalent protection, although not necessarily at
the same benefit level as regular workers.
CUNY, SUNY and other
students - For recipients who are students at CUNY, SUNY or other approved education,
training or vocational rehabilitation programs, the district must, after consulting with
the schools, assign them to a site on the campus, if available, or within reasonable
proximity, if possible. To be entitled to this, the student must have a C average; this
rule may be waived for undue hardship.
The law eliminates the
requirement that liens taken against former recipients to recover PA payments must not
take into account PA that was "earned" by WEP participation.
The law eliminates the
requirement that WEP "employers" consider WEP assignees for regular job openings
at the work site.
Public employers of WEP
workers must publish monthly reports and provide them to appropriate collective bargaining
representatives.
Districts can establish
subsidized public and private sector employment programs, which would provide the
recipient's PA to the employer as a wage subsidy; recipients assigned to these positions
would be deemed employees, and must receive wages and benefits comparable to those of
regular employees doing comparable work.
Supportive services, including child care
Districts must, subject to
the availability of funds, provide supportive services to enable recipients to participate
in work activities. These services include child care for children up to age 13,
transportation and other work-related expenses.
A household will not be
sanctioned if child care is necessary for a child under 13, and the parent demonstrates
that she was prevented from complying with the work rules as a result of her inability to
obtain such care. The parent is responsible for locating child care, but if she
demonstrates that she cannot, the district must provide her with two child care options,
one of which is a regulated provider (see also section on Block Grant for Child Care).
Sanctions
People are ineligible for PA
if they fail to comply without good cause with the work requirements. Good cause will be
defined by regulation.
Individuals with dependent
children will be sanctioned for failure to comply by eliminating their pro rata share of
the grant as follows:
The first time, until willing
to comply
The second time, 3 months and
until willing to comply
The third time, 6 months and
until willing to comply
For individuals without
dependent children, the sanction is:
The first time, 90 days, and
the failure ceases
The second time, 150 days,
and the failure ceases
The third time, 180 days, and
the failure ceases(25)
PA work sanctions do not
result in the loss of Medicaid.
Voluntary quit - A
person who, without good cause, quits or reduces her hours at a job, will be sanctioned as
described above.
SNP's - There will be
no sanction for persons eligible for Special Needs Plans based on HIV/AIDS (see footnote
6, above), if their failure to comply relates to their "health status."
Persons with HIV or TB
- SSL §131(5), which stated that HR recipients who were
exposed to TB or who were HIV+ could not be sanctioned for non-compliance with work rules
has been repealed. It thus appears that people in this group may be found able to
work, unable to work, or work-limited, may be given assignments, and may be sanctioned for
non-compliance.
CERTAIN LOCAL OPTIONS
Child Assistance Program (CAP) (§19)
CAP has been in effect only
as a limited demonstration program. Now any district may operate a CAP program. They will
be reimbursed by the state at 100% for 1997, declining annually until the rate reaches 50%
in 2002.
Households are eligible, on a
voluntary basis, to participate, if: (1) they have a court child support order, payable to
the Support Collection unit, (2) the parent subject to the order is absent from the home,
(3) the custodial parent and child receive FA, and (4) the parent didn't withdraw
from CAP within the past 3 months. A support order is not required if: (1) the absent
parent is deceased, (2) the parent has made a diligent effort to obtain an order without
success, (3) the parent has good cause not to cooperate, or (4) the child lives with both
parents.
Households entering the
program will receive Child Assistance payments instead of FA, at a level to be determined
by TADA, but no less than $3360 per year for the first child and $1116 for each additional
child. The method for counting and disregarding income will be set by TADA, but the
intended result is that child assistance payments plus earnings from a full-time job will
bring a family of 3 to the federal poverty level, and the household must do at least as
well as they would have in the FA program.
If a household loses MA
eligibility due to earnings prior to 4/1/98, they can continue to receive MA until that
date, after which they may be eligible for 6-12 months of transitional MA.(26)
Districts must provide
recipients with a comparison of potential benefits under CAP and FA.
Households must meet FA
resource eligibility rules to enter CAP, but, once in CAP, will not be subject to resource
tests, including the 185% gross income test. However, if someone in the family fails to
comply with any eligibility condition, the family will be removed from the CAP program.
Food Stamps benefits will be
provided in cash form; there will be no child support pass-through.
Privatization (§151)
Districts may not contract
out eligibility determination functions, but it appears that most other functions can be
contracted out, applying as the major criteria overall cost and quality of work.
When a district intends to
contract out, it must give 60 days notice to the unions whose workers would be affected,
and these unions must be permitted to bid for the contracts.
Contracts must describe
service quality expectations and provide for district monitoring and evaluation. It must
also specify the qualifications of staff and wages and benefits to be paid.
Local flexibility incentive pilot program (§4)
Districts can propose pilot
programs that will help recipients gain self-sufficiency, and achieve "cost
containment" or improvements in service and benefit delivery, without impairing
health and welfare. The state will, where necessary, waive the application of state
regulations, but not state or federal statutes. Districts will be fully reimbursed if they
meet their goals.
OTHER BENEFIT PROGRAMS
Medicaid and PA (§§54, 55, 57, 57-a)
Individuals are automatically
eligible for full MA benefits if they meet the SNA eligibility requirements in effect on
11/1/97, and haven't lost their MA as a result of substance abuse rule sanctions.
A family will automatically
be eligible for full MA benefits if it meets ADC eligibility standards in effect as of
7/17/96.
In addition to ADC-type
families, families who meet the income and resource standards governing the FA program in
effect on 11/1/97 will be eligible for full MA benefits. However, if any part of the FA
financial criteria are more restrictive than the ADC standards in effect on 7/1/96, the
more liberal ADC standards will be used to determine the family's MA eligibility.
In no case will
work-related welfare sanctions lead to a loss of MA eligibility.
Food
Stamps
Parents with children under
18 and one parent absent cannot receive FS unless they cooperate in establishing paternity
and obtaining support, unless there is good cause not to cooperate (§53).
Food Assistance Program for certain immigrants
(FAP) (§148-b)
TADA is authorized to submit
a plan to the federal government to set up a Food Assistance Program, purchasing and using
federal Food Stamps.
Districts have the option to
operate a FAP under TADA regulations. The districts will pay 50% of the non-federal share
of all costs of operating FAP. If any federal penalties are imposed, districts will be
100% liable.
To be eligible for FAP
benefits, a person must:
Be eligible for FS but for
his/her immigration status, as a result of the PRWORA of 1996,
Have been living in the U.S.
on 8/22/96, in the same district from which s/he is now applying for FAP,
Be under 18, elderly or
disabled, as defined under FS law,
Not have been absent from the
U.S. for more than 90 days in the year before applying, and
If eligible to apply to INS
for citizenship, do so within 30 days after applying for FAP; otherwise, the person must
apply for citizenship within 30 days after becoming eligible to apply.
BLOCK GRANT FOR CHILD CARE (§52)
A block grant for child care
is established, comprised of all federal child care funds under title IV-A and the Child
Care and Development Block Grant, and any transferred TANF funds, plus designated state
funds.
The block grant will have 2
parts: Part 1 will be kept by the state for special groups and to increase the overall
supply and quality of child care, including child care resource and referral (CCR&R).
CCR&R programs must meet additional performance standards. Part 2 will be provided to
the districts for child care for FA and other low income families.
Funding - Within the
limits of the block grant, there will be 75% reimbursement for child care to FA families,
and 100% reimbursement for low income child care. Funds not used in a given year will be
added to the next year's allocation.
Local districts must spend on
child care at least the amount spent in federal fiscal year 1995. Block grant funds will
be withheld if districts fail to meet this maintenance of effort requirement.
Eligible families are:
a) Families on FA, where
child care is necessary to enable adults to engage in work activities, teen parents to
participate in education, or where a parent is incapacitated or must be absent from the
household,
b) Families with incomes up
to 200% of the state income standard (SIS)(27) who have lost FA eligibility due to earnings, if
they received PA in 3 of the 6 months before becoming ineligible,
c) Families with incomes up
to 200% of the SIS who are at risk of needing FA,
d) Other families up to 200%
of SIS as determined by the district in its consolidated services plan.
The district may determine
priorities within these groups.
The district shall guarantee
child care to families with children under 13 if necessary to participate in welfare work
activities. The guarantee continues for 12 months after the loss of PA eligibility due to
earnings or child support payments, or the voluntary termination of PA. To receive the 12
month guarantee, the household must have received PA in 3 of the preceding 6 months, and
have income less than or equal to 200% of the SIS.
Recognizing the need for
continuity of care, providers should not be changed unless the parent consents.
Quality of care -
Child care must meet standards set forth in SSL §390 or the NYC Administrative Code.
The state must establish
health and safety standards for unlicensed (informal) care, and for FA recipients
providing care. With state approval, districts may adopt additional criteria; districts
must also provide technical assistance to FA recipients providing care.
Payment levels -
Districts will pay the amount actually paid up to department-established
"market-related payment rates." The rates must be adequate to obtain care
comparable to that in non-PA cases.
Based on regulations to be
written, child care will be provided on a sliding fee basis, based on ability to pay.
STATE OPERATIONS, FUNDS, RELATION WITH DISTRICTS
State administrative structure (§122,
etc.)
Effective 4/1/97, DSS is
renamed the Department of Family Assistance (DFA). Within it will be the Office of
Children and Family Services (CFS) and the Office of Temporary and Disability Assistance
(TADA). The Commissioner of DSS becomes the Commissioner of TADA; the Commissioner of the
Division for Youth becomes Commissioner of CFS.
TADA will have jurisdiction
over financial support (PA), child and spousal support, FS, low-income home energy
assistance payments, SSI, disability determinations, homeless housing and assistance, SRO
support, various other homeless programs, adult and family shelters, and services for
refugees and immigrants.
CFS will have jurisdiction
over foster care, adoption, child protective and preventive services, services for
pregnant adolescents, day care, CCR&R, adult protective services, domestic violence
services, family-type homes for adults, and the Commission for the Blind and Visually
Handicapped, as well as the Division for Youth.
Employment programs move to
the Department of Labor.
Adult homes and residences,
enriched housing, assisted living programs, and all MA-related functions move to the
Department of Health.
The Commissioners of CFS and
TADA will write a Memorandum of Understanding concerning the transfers of functions,
including dealing with the Fair Hearing process.
Single
state agency - Reference
to the "single state agency," a concept required by prior AFDC law, is deleted (§337).
Electronic Benefit Transfer system (EBT) (§144-a)
Any EBT system will be
implemented by the Department on a statewide basis..(28)
A contract to provide EBT
services must ensure a sufficient number of access sites in each district, including a
broad range of business and community facilities.
Recipients must be given
adequate instruction and training on the use of EBT and on their rights and
responsibilities.
EBT cards reported lost,
stolen or destroyed, must be replaced within 48 hours, not counting weekends or holidays.
Data collection (§149)
Extensive data collection
requirements are described, to take effect as soon as the Welfare Management System (WMS)
is redesigned for these welfare changes, and as soon as the Welfare-to-Work Caseload
Management system is complete.
Among the information to be
provided are data on: applicants, time on PA, terminations and reasons, work activities
and exemptions, child care, hearings, job placements, sanctions, substance abuse and
treatment, disabled and work-limited recipients, FAP usage, and domestic violence waivers
and screening.
When authorized by HHS,
appropriate sampling can be done.
Reports summarizing the data
must be provided to specified legislative leaders, and there must be developed a plan to
give legislators on-line access to WMS and the Welfare-to-Work Management system.
Federal sanctions (§28) - If the federal government sanctions the
state for not meeting certain federal requirements, the state will sanction the local
districts to the extent the error is attributable to them. If such an evaluation is not
possible, all districts will have a pro rata reduction.
State sanction (§20)
- For each quarter in which a district does not meet the SNA work participation rates,
state reimbursement for PA and MA administrative costs will be reduced by 2 of 1%
of the shortfall up to 5%.
There will be no
reimbursement to the districts for TANF-related administrative expenses above 15% of total
TANF expenditures.
Transfer of funds (§39) - The legislature can designate some
amount (not specified) of TANF funds to be transferred to the Child Care and Development
Block Grant or the Social Services Block Grant.
Performance awards (§30) - TADA can negotiate agreements with districts
that will provide the districts with performance awards if they reach established goals
for job placement, reducing out of wedlock pregnancy, moving people from shelters to
permanent housing, establishing paternity and increasing administrative efficiency.
By 1/1/99, TADA must
establish financial incentives for districts to move recipients to unsubsidized
employment. The 10 highest ranking districts will receive payments financed by payments
from the 20 lowest ranking districts.
MISCELLANEOUS
Learnfare
(§18) - Learnfare was implemented in 1995 as a pilot
program in which households would lose benefits if children had more than a prescribed
number of unexcused absences from school. The program must be expanded to 6 sites by 9/97,
15 sites by 9/98, and statewide by 9/99. The existing limitation to grades 1-6 remains, as
do the provisions for conferences and counseling before sanctions can be imposed.
Confidentiality (§24,
25) - Added to §136 on
the protection of records is a provision that districts can report to law enforcement
agencies cases of known or suspected injury and abuse, and can communicate with INS
concerning any individual's immigration status.
If a local law enforcement
officer's duties include apprehending a particular recipient, districts can provide the
current address of that recipient.
Placement of foster children (§48)
- In the placement of foster
children, the district must consider giving a preference to adult relatives over
non-related caregivers.
Effective dates (§153)
The act is generally
effective August 20, 1997, the date the Governor signed it, but most of the basic
programmatic and eligibility changes, including PA, MA and portions of the new work rules
(disabiity program, assessments), take effect 11/1/97.
The ADC/FA changes are deemed
to have taken effect 12/2/96 (apparently including the count toward the 60-month time
limit).
The SNA program takes effect
1/1/98.
Immigrant eligibility
provisions are deemed effective as of 8/22/96, except the MA provisions, which take effect
immediately, and food stamps provisions, which take effect 8/31/97, or whenever required
under federal law.
Glossary
ADC = Aid to Dependent Children, the
former federally-created program for families with children.
CFS = Office of Children and Family Services, one of the 2 parts of the new Department of
Family Assistance.
CS = Community service, one of the allowable work activities.
DFA = Department of Family Assistance, replaces the state Department of Social Services.
DOL = Department of Labor.
DSS = Department of Social Services, now replaced by DFA.
DV = Domestic violence.
EAF = Emergency Assistance to Needy Families.
EBT = Electronic Benefit Transfer, method of benefits delivery, usually using plastic
swipe cards.
FA = Family Assistance, NYS's version of TANF, the new federal program for families with
children.
FAP = Food Assistance Program, NYS's buy-in to the Food Stamps program, for certain
immigrants.
FS = Food Stamps.
HR = Home Relief, the former state program, primarily for households without children.
INS = Immigration and Naturalization Service, federal agency overseeing immigration.
MA = Medicaid.
ODD - Office of Disability Determinations.
PA = Public Assistance.
PRWORA = Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the
federal welfare reform law.
SNA = Safety Net Assistance, the other major component, with FA, of NY's revised welfare
program.
SSI = Supplemental Security Assistance, federal aid to the needy aged, blind and disabled.
SSL = Social Services Law, the primary source of state welfare law.
TADA = Office of Temporary and Disability Assistance, the new state agency administering,
among other things, public assistance.
TANF = Temporary Assistance for Needy Families, the new federal welfare program for
families with children.
WEP = Work experience program, or workfare.
1. With apologies
to Fran Piven and Richard Cloward
2. TANF is
Temporary Assistance for Needy Families, created by the federal welfare reform adopted in
August, 1996. Family Assistance will be New York's basic TANF program.
3. The law
apparently counts even state-funded benefits (SNA) toward the 60-month limit in order to
prevent a household from receiving 5 years of TANF-funded cash benefits plus 2
years of state funded SNA benefits.
4.
Presumably this is done so that, if the person is accepted for SSI, the district can take
a portion of the initial SSI payment to reimburse itself for interim assistance provided.
5.
The next sentence in the law states that, after 12/1/99, a person who has received 2 years
of cash can only receive non-cash SNA. I cannot understand what this adds to the preceding
sentence. The author.
6.
SNP comes from a section in the Medicaid law, SSL §364-j, which ensures comprehensive
health services to people meeting certain HIV/AIDS or mental health criteria.
7.
The Spiegel Act, SSL §143-b, provides that the district may withhold payment of the rent
where building conditions are detrimental to life or health.
8.
The law does not specify in what amount utility payments will be made, whether the actual
bill, the Home Energy Allowances, or some other amount.
9.
This provision presumably means that recipients will be able to access that portion of
their grant that is in the EBT system only with purchases from vendors who have the
necessary EBT machinery.
10 .The $90 disregard clearly applies to FA households; it is unclear whether or not
others can receive this income disregard.
11. The federal
Balanced Budget Act of 1997 extends this period of eligibility to 7 years for SSI and MA
benefits.
12.
The PRWORA (§431) defines a qualified alien as a permanent resident, asylee, refugee,
person paroled into the U.S. for at least 1 year, person granted conditional entry, and
person for whom deportation has been withheld.
13.
PRUCOL generally refers to people whose immigration status is not necessarily fully
resolved, but who the Immigration and Naturalization Service is aware of and does not
intend to try to deport at this time.
14. The impact of
earlier NY sponsor deeming laws (which were applied to ADC and HR) was limited after Minino
v. Perales, which mandated that income could not be deemed if the sponsor could not be
found, could or would not provide assistance, or would not cooperate in providing aid. In
such situations, families would be entitled to state-funded assistance.
15. Cash
assistance for refugees is a federally funded program under the Immigration and
Nationality Act.
16. OASAS =
Office of Alcohol and Substance Abuse Services
17. All
work rules are now located in one place, Title 9-B, starting at §330 of the Social
Services Law. Previously, HR and ADC work rules were, to some degree, addressed
separately.
18. Participation
rates are to be computed pursuant to the federal PRWORA, under which, if a state exempts
parents with children under the age of 12 months from the work rules, the exempted
households will not count in computation of participation rates.
19. The prior
wording of this section said "to the maximum extent possible."
20. It appears
that the TANF/FA participation rate will be a percentage of the entire TANF population;
the SNA participation rate will be a percentage of all SNA households with an adult who is
not exempt from the work requirements.
21. Under the PRA
(§103, amending Social Security Act §407), the federal participation rates would be
reduced by the same percentage that the state had reduced its caseload in the preceding
year. In NY this may lead to a reduction in the required 1997 rate to 19% or lower.
22. Vocational
educational training includes "organized educational programs offering a sequence of
courses which are directly related to the preparation of individuals" for employment,
excluding 4-year college and advanced degrees. The programs can include
"competency-based applied learning" contributing to the person's academic
knowledge, reasoning, work attitudes and skills, and occupation-specific skills, and
includes technology education.
23. Current
regulations define basic literacy as 8th grade, 9th month reading level.
24. Under the
prior law, the grant was divided by the higher of the minimum wage or the prevailing
wage for the type of work being done. The prevailing wage provision has been
eliminated from the statute. Also note that the statute states that hours will be based on
the amount of assistance payable to the individual.
25. The two
wordings here, "willing to comply" and "failure ceases," are taken
directly from the new statute. Whether or not there will be any actual difference in
application is unclear.
26. Although
welfare eligibility will still generally result in MA eligibility, some families may lose
MA even though they continue to be eligible for the CAP Child Assistance payments.
27. The state
income standard is designated as the federal poverty level as updated by the department.
28. The law does
not address to what extent the state and, in turn, the localities, will have to implement
EBT, or when. However, TADA officials have indicated that EBT implementation will take
place statewide in the near future, that the needed machinery will be provided to vendors
free of charge. Apparently most of the details concerning EBT operations will be provided
by regulation rather than by statute.
