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 adult-
supervised 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. In some
3
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 job-
ready. 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);
Vermont is continuing a 30-month work trigger limit under a pre-TANF waiver.
4
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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 two-
parent 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
Presumably, some states might provide noncash aid to children living with a parent whom
7
they had permanently barred from TANF cash eligibility because of noncompliance with work
rules.
The Montana Senate, on February 22, 1999,
8
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 multi-
stage 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
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Alabama
24 months
Under age 1.
Exempt: disabled parents. (Non-parental
Family benefit is reduced 25% for 3 months and
caretakers are ineligible for TANF.)
ended (indefinitely) in 4th month, if still out of
Temporarily excused (deferred is Alabama’s
compliance. For violating work rule after
term) are parents who are ill or injured or who
reentry, benefit is cut 25% for 3 months and
have a similar short-term difficulty.
100% in 4th month (for minimum period of 6
months).
Alaska
24 months
Under age 1.
Exempt: persons who are needed in the home to
For refusal of, or voluntary separation from,
care for a disabled person; those unable to
suitable employment, benefit is cut 100% for
perform gainful activity for medical reasons;
progressively longer periods: first offense, 1
caretakers of child under age 6 without child
month; second offense, 6 months; subsequent
care; persons for whom the department does not
offenses, 12 months.
agree to pay needed transportation costs; and
persons who show that loss of benefits (as a
For refusal to complete their family self-
result of work sanction) would threaten family
sufficiency plan, or for first refusal to participate
health and safety.
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.
Arizona
Immediate job
Under age 1.
Temporarily deferred: persons needed to care for
Progressive sanctions — Benefit is cut 25% for
search required
disabled person; victims of domestic violence
first month of noncompliance; 50% for the
whose participation in work might threaten safety
second month; and 100% for the third and
of them or their children.
subsequent months of noncompliance.
CRS-11
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Arkansas
Not specified in
Under 3 months
Temporarily deferred: persons unable to work
Case is closed until compliance. However, in
plan. (Note:
(between 3 and
because of a physical or mental disability, the
extraordinary circumstances, and for child(ren)’s
state has 24-
12 months if
effects of domestic violence, or extraordinary
best interest, county may instead cut family
month benefit
child care is not
circumstances; persons who are in the 3rd
benefit by 25%. For a repeat violation,
cutoff limit.)
available).
trimester of pregnancy; above age 60; or caring
minimum sanction period is 3 months.
for an incapacitated family member.
California
Immediate
Under 6 months
Exempt: disabled persons; persons of advanced
For first noncompliance, adult share of benefit is
(county, on case-
age; those needed to care for an ill or
ended until compliance. For repeat violations, a
by-case basis,
incapacitated household member; and pregnant
minimum penalty period is imposed: 3 months
may shorten this
women (if the pregnancy is verified to impair
for second violation, 6 months for subsequent
to 12 weeks or
work or welfare-to-work activities); and
ones. For a two-parent family eligible on
lengthen it to 1
nonparent caretaker relatives caring for a child
grounds of a parent’s unemployment, the penalty
year). For
who is the ward of a court or at risk of foster
is removal of both parents from the assistance
adopted child,
care placement (if county determines that
unit unless the second parent is exempt.
exemption ends 6
caretaker responsibilities exceed normal
months after
parenting responsibilities and impair the person’s
adoption date.
ability to work regularly or participate in
Exemptions for
welfare-to-work activities).
birth or adoption
of subsequent
children are
limited to 12
weeks, which
may be extended
to 6 months by
the county.
CRS-12
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Colorado
24 months
County option.
None specified. (However, county departments
Progressive sanctions — first noncompliance:
will determine if good cause for failure to
reduction of family’s benefit by 25% for 1-3
participate in work activities exists by means of
months; second violation (or continued
an assessment before the 24-month limit.
noncompliance after 3 months): 50% benefit cut
Assessments shall include such factors as:
for 1-3 months; subsequent violations or
availability of childcare, jobs or work sites, and
continued noncompliance: 100% benefit cut for
transportation.)
3-6 months. (County decides length of sanction
and may impose 100% benefit cut for any
instance of noncompliance.)
Connecticut
Not specified in
Under age 1.
Exempt: persons who are incapacitated; at least
Progressive sanctions — first instance of
plan. (
Note:
Exemption not
60 years old; needed at home because of the
noncompliance: 20% benefit cut for 3 months;
state has 21-
applicable if
incapacity of a household member; pregnant or
second violation (or continued noncompliance):
month benefit
baby was born to
post-partum women whose physicians indicate
35% cut for 6 months; third and subsequent
cutoff limit.)
mother already
that they are unable to work; and persons
violations (or continued noncompliance): 100%
receiving TANF
determined “unemployable” under state policies.
benefit cut for 3 months.
aid.
Delaware
Immediate
Under 13 weeks.
Exempt: persons determined unemployable by a
Progressive sanctions — first instance of
health care professional.
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).
District of
Immediate (after
Under age 1.
Exempt: Persons at least 60 years old and the
For first violation, adult share of benefit is ended
Columbia
assessment)
incapacitated. (Note: D.C. has a separate
for 1 month or, if later, until compliance. For
program (POWER) for incapacitated parents.
repeat violations, a minimum penalty period
POWER participants must engage in “self-
applies: 3 months for second offense, 6 months
sufficiency” activities decided by the mayor.
for subsequent ones.
CRS-13
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Florida
Immediate
Under 3 months.
Persons who receive benefits under the SSI
Progressive sanctions — first instance of
However, state
program or the Social Security Disability
noncompliance: 100% benefit cut until
may require
Insurance program and caretaker relatives who
compliance (and food stamp benefits shall not be
parent to attend
choose not to be included in the TANF recipient
increased); second violation: 100% benefit cut
parenting classes
unit (child-only cases).
(and food stamp disqualification) until adult has
or other
complied with rule for 30 days (except that
activities.
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.
Georgia
24 months
Under age
None specified.
For first violation of work requirement or failure
1(unless
to comply with personal responsibility plan,
adequate child
25% benefit cut for 1 month. For continued
care is
noncompliance after 3 months, or second
available).
violation, case is closed. (If second sanction
occurs within 24 months of first, the grantee-
relative is permanently barred from TANF.)
Guam
60 days
Under age 1.
Exempt: persons at least age 60; those caring for
100% benefit cut for progressively longer times:
a dependent adult who is aged or disabled.
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
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Hawaii
24 months
Under 6 months.
Exempt: persons who are ill, incapacitated, or
For first violation, adult share of benefit is ended
disabled for at least 30 days; at least age 60;
until compliance. For repeat violations, a
certified by a physician to be needed in the home
minimum penalty period applies: 3 months for
to care for an ill, incapacitated, or disabled
second offense and 6 months for subsequent
household member; and full time VISTA
ones.
volunteers.
Idaho
Immediate (with
No automatic
No automatic exemptions.
100% benefit cut for progressively longer times:
few exceptions)
exemptions.
first violation, 1 month or until compliance, if
later; second violation, 3 months or until
compliance; third violation, permanent loss of
benefit.
Illinois
24 months
Under age 1 (for
Exempt: persons at least age 60.
For first and second violations: 50% benefit cut,
single parents).
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
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Indiana
24 months
Phased schedule:
Exempt: persons in remote areas, provided work
Adult share of benefit is ended for progressively
effective June
would require overnight stay, or commute would
longer times: first noncompliance, 2 months;
1997, under age
exceed 2 hours (longer if in accord with
second violation, from 6-12 months; third
1; June 1998,
community standards and agreed to by
violation, 6-36 months. Penalty for voluntarily
under 6 months;
participant).
quitting a job: adult share of benefit is ended for
December 1998,
6 months.
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.
Iowa
Not specified in
Under 3 months.
Exempt: Disabled persons.
Progressive sanctions — first noncompliance:
plan.
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.
Kansas
24 months
Under age 1.
Exempt: persons who are ill, injured, or
First violation: family benefit is ended until
disabled; needed to care for incapacitated family
compliance; for subsequent violation(s), family
member; or at least age 60.
benefit is ended for at least 2 months.
Kentucky
24 months
Under age 1.
Special exemptions may be given to recipients in
Adult share of benefit is ended for 3 months and
cases of domestic abuse.
child(ren)’s share paid to a third person.
Thereafter, adult is offered another opportunity
to engage in work.
CRS-16
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Louisiana
Not specified in
Under age 1.
Exempt: persons who are incapacitated or
For refusal to accept full-time employment,
plan. (
Note:
disabled.
family loses eligibility (100% benefit cut) for 3
state has 24-
months (which will count toward the 24-month
month benefit
benefit cutoff time limit).
cutoff limit
within 60
months.)
Maine
24 months
Under age 1.
Exempt: persons unable to work because of
Adult share of benefit is ended and child(ren)’s
(Immediate job
physical or mental handicaps including
share paid to a third person (protective payee),
search required if
pregnancy complications; those needed to care
where possible.
no child under
for an impaired household member, with need
age 5)
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.
Maryland
Not specified in
Under age 1.
Exempt: persons who are severely disabled.
Family’s eligibility is ended (100% benefit cut)
plan.
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 non-
profit 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
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Massachusetts
60 days
Under age 2.
Exempt: persons who are disabled (under state
Failure to participate for the minimum number
regulations); essential to care of disabled child or
of hours per week ends the adult’s eligibility
spouse; pregnant women (in third trimester); and
(and share of the benefit). Failure to participate
caretaker recipients without legal obligation to
more than once ends the family’s eligibility.
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.)
Michigan
24 months
Under 3 months.
Exempt: persons who are at least age 65 or
If noncompliance occurs during first 2 months of
disabled (meeting SSI definition without
assistance, benefits for entire unit are ended. If
requirement of minimum duration). Local offices
family reenters the program, noncompliance then
may exempt homeless persons and victims of
causes a 25% TANF benefit cut (and 25% cut in
domestic abuse.
food stamp benefits) for 1-4 months, after which
benefits are terminated.
Minnesota
6 months
Under age 1.
Exempt: persons at least age 60; those with
For the first occurrence of noncompliance,
(Counties may
professionally certified illness, injury or
benefit is cut by 10% for at least 1 month. For a
require work
incapacity that is expected to continue for more
second or subsequent occurrence of
sooner.)
than 30 days; persons needed to assist ill or
noncompliance, the family’s rent (up to the
incapacitated household members; pregnant
amount of the full benefit) is paid to the vendor.
women (if a physician certifies that they cannot
At county option, the family’s utility bill also is
work); individuals with a personal or family
vendor paid. The residual amount of the grant
crisis that makes them incapable of meeting work
after vendor payment(s), if any, must be reduced
requirements, as determined by the county;
by an amount equal to 30% of the full benefit
persons ruled disabled by the Social Security
before payment to the family. The grant
Administration; and, for 3 to 12 months,
reduction must be in effect for at least 1 month
domestic violence victims who are complying
(and until compliance). The vendor payment of
with a safety plan.
rent (and utilities, if in effect) shall be in effect
for at least 6 months.
CRS-18
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Mississippi
24 months
Under age 1.
Exempt: persons who are incapacitated;
100% benefit cut for progressively longer times:
temporarily ill or injured; pregnant in the third
first violation, 2 months or until compliance, if
trimester; caretakers of an ill or incapacitated
later; second violation, 6 months; third violation,
person; aged above 60; domestic violence victims
12 months; and fourth violation, permanent end
(12 month limit); caretakers in a two-parent
of family benefit.
family of a child who is mentally retarded or
physically handicapped; and persons in substance
abuse treatment.
Missouri
24 months
Under age 1.
Exempt: persons who are ill, incapacitated or
Needs of noncomplying adult are removed from
needed at home because of another’s illness or
the assistance unit and the benefit is reduced by
incapacity.
that individual’s prorata share for any months
he/she is not in compliance.
Montana
24 months
No exemptions
Domestic violence victims may be exempted
Adult share of benefit is ended for progressively
specified in plan.
from work rules for 6 months.
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.)
Nebraska
24 months (from
Under 3 months.
Exempt: On case-by-case basis, persons with
100% benefit cut for progressively longer
signing of
verified physical or mental incapacity expected to
periods: First noncompliance, 1 month or until
economic
prevent work or training for at least 3 months.
compliance, if later; second violation, 3 months;
contract)
third violation, 12 months.
CRS-19
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Nevada
24 months
Under age 1.
Exempt: non-parental caretakers; persons who
Progressive sanctions: For failure to comply
are ill or physically or mentally incapacitated;
with personal responsibility plan or cooperative
needed to care for an ill or incapacitated
agreement, benefit is cut by one-third (or if
household member; at least age 60; or suffering
greater, per capita share of family benefit) for 30
from any other condition deemed to be a hardship
days; if still noncompliant, benefit is cut by two-
by the state welfare administrator.
thirds (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.
New Hampshire
Immediate job
Under age 3.
Temporarily exempt: persons medically certified
Progressive sanctions — first noncompliance (or
search for
Exemption ends
as unable to participate because of illness, injury
violations that occur more than 6 months after
maximum of 26
at age 1 if baby
or incapacity; persons needed to care for an ill or
the end of the most recent sanction period):
weeks, “work for
was born to a
incapacitated household member; women at least
adult share of benefit is ended for 1 month or
benefits” for a
mother already
4 months pregnant. Also exempt: The second
until compliance, if later; continued
maximum of 26
receiving aid.
parent in a two-parent case if family is not
noncompliance for 3 months: benefit is further
weeks.
receiving child care aid.
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
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
New Jersey
24 months
Under 12 weeks.
Exempt (New Jersey uses the term “deferred”):
Adult share of benefit is ended for 1 month; if
(Extension
persons determined to be physically or mentally
intended compliance then is not evident, benefit
allowed if
impaired; at least age 60; women in third
cut is extended for up to 2 more months; at end
determined
trimester of pregnancy; sole caretakers of a
of 3rd month, if no compliance effort is evident,
medically
severely disabled or seriously ill family member;
benefit is ended (100% benefit cut). Same
necessary for the
victims of domestic violence under specified
sanction schedule is used for two-parent
parent or child.)
conditions.
families, if only one is required to work (because
the other is exempt or working).
New Mexico
24 months
Under age 1.
Exempt: persons who are temporarily or
Progressive sanctions — first instance of
completely disabled; those who provide sole care
noncompliance: 25% benefit cut until
for a disabled person; pregnant women in last
compliance; second violation, 50% benefit cut;
trimester; persons over age 60; victims of family
third violation, 100% benefit cut for at least 6
violence under certain conditions.
months (family ineligible to reapply for 6
months)
Note: Conciliation process must
precede imposition of initial penalty.
New York
24 months
Under age 1.
Exempt: persons who are ill, incapacitated, at
For first violation, adult share of benefit is ended
(Lifetime ceiling
least age 60, or deemed to be disabled; pregnant
until compliance. For repeat violations, a
of 12 months,
women in last month before expected childbirth;
minimum penalty period applies: 3 months for
with only 3
persons needed in the home because of a family
second offense and 6 months for subsequent
months charged
member’s illness or incapacity.
ones.
to any one child.
Mother may be
exempted for
first year of life
of 4 babies.
Note: local
district may
modify policy.)
CRS-21
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
North Carolina
Immediate
Under age 1.
Exempt: persons who are disabled or
First instance of noncompliance: $50 benefit cut
incapacitated; needed to care for a disabled or
for 3 months. For repeat violations, the benefit
incapacitated household member; and persons at
cut is increased to $75 and imposed for
least age 65.
progressively longer periods: second violation, 3
months; third violation, 6 months; subsequent
violations 12 months.
North Dakota
24 months
Under age 4
Exempt: persons who are incapacitated; caring
Progressive sanctions — First instance of
months.
for a severely disabled child requiring in-home
noncompliance: adult share of benefit is ended
care; age at least 60; and victims of domestic
for at least 1 month and case closed if
violence whose experiences justify considering
noncompliance persists 6 months. Second
them incapacitated.
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.
Ohio
24 months
Under age 1.
County discretion. County may assign persons
For failure to comply with self-sufficiency
(County option.
found to have a barrier to regular “work activity”
contract, family benefit is ended (100% benefit
If county
to one or more “alternative work activities.”
cut) for progressively longer periods: first
exempts parent
Examples: parenting classes and life-skills
violation, 1 month or until compliance, if later;
of infant, it must
training; substance abuse treatment; finding a
second violation, at least 3 months; subsequent
require her to
home (for a homeless family); residing in a
violations, at least 6 months. Upon the third
participate in a
domestic violence shelter, receiving counseling or
violation, the adult also loses TANF-derived
“developmental
treatment, or participating in criminal justice
Medicaid eligibility (but may be eligible on other
activity,” such as
activities against the offender (for a victim of
grounds).
high school
domestic violence); and studying English as a
completion.)
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.
CRS-22
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Oklahoma
24 months
Under 3 months.
None
Case is closed for refusal to cooperate with
agreed upon work activities.
Oregon
Not specified in
Under 90 days.
Exempt: women in their ninth month of
Progressive sanctions — first instance of
plan. (
Note:
pregnancy; VISTA volunteers; persons who must
noncompliance: $50 benefit cut; continued
state limits a
travel an unreasonable distance or remain away
noncompliance after 2 months: removal of
recipient to 24
from home overnight; persons at least age 60;
noncomplying person from benefit; continued
months of
and those determined to be unable to participate
noncompliance after another 4 months: loss of
benefits within
because of individual conditions or
eligibility for entire family. After being
an 84 month
circumstances. Women in their seventh or eighth
sanctioned at a higher level, a person cannot
period.)
month of pregnancy cannot be required to work
return to the first level sanction.
more than 10 hours per week.
Pennsylvania
24 months
Under age 1.
Exempt: persons verified as physically or
Progressive sanctions that also depend on time
mentally disabled and precluded from any form
spent on the program. During the first 24
of employment or work activity; caretakers of a
months, the adult share of the benefit is ended
child under 6 for whom needed care is
for periods that lengthen with repeat violations;
unavailable..
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.
Puerto Rico
24 months (6
Under age 1.
Exempt: adults age 60 or older; persons with
Adult share of benefit is ended and child(ren)’s
months if judged
verified physical or mental impairment that
benefit paid to a “protective” third party.
work-ready)
prevents work; a woman in her last quarter of
pregnancy; and a single parent with a disabled
child who needs continual care.
CRS-23
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Rhode Island
52 days after
Under age 1.
Exempt: persons with illness or injury that
During first 24 months, adult share of benefit is
developing
temporarily prevents work and training; those
ended (after conciliation process) for violations.
employment plan
incapacitated by a physical or mental
After 24 months, progressive sanctions apply.
(work or work-
impairment; at least 60 years old; needed to give
The benefit is cut by more than the adult’s share
readiness); 24
care to ill or disabled child or spouse; and
as follows: during first 6 months of
months (work).
pregnant women in the third trimester. During
noncompliance (months 25-30 of employment
the first 3 months of an employment plan, the
plan); 110% of adult portion; during months 7
second parent is exempt if the other parent
through 12 of noncompliance, 120% of adult
participates in work activity or when one parent
portion; during months 13 through 18 of
is ill or incapacitated. Deferred: 18- and 19-year
noncompliance, 130% of adult portion; during
old adults who are successfully pursuing high
months 19 through 24 months of noncompliance,
school diploma on a full-time basis; single adults
140% of adult portion. If the adult still fails to
aged 20 or older who are participating in full
comply, the family’s benefit will be reduced by
time program to attain basic literacy or English
100% of the adult portion, and the child(ren)’s
language skills; and adults aged at least 20 who
benefit paid to a protective third party.
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).
South Carolina
24 months
Under age 1 (but
Exempt: persons with a verified physical or
Family benefit is ended (after 30-day conciliation
only if mother is
mental impairment that prevents work, education,
process). To restore eligibility, adult must
at least 25 years
or training; those caring for an incapacitated
reapply and demonstrate compliance for 30 days.
old and has
person; those without needed child care or
completed high
reasonable transportation; and women in the last
school).
trimester of pregnancy. In two-parent family,
second parent is exempt unless agency provides
child care for family.
CRS-24
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
South Dakota
24 months
Under 12 weeks.
Exempt: persons approved to receive disability
For refusal of work or extra work hours (or for
payments from the Veterans’ Administration or
ending work or reducing hours), family loses
the Social Security Administration.
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.
Tennessee
Immediate
Under 4 months.
Exempt: persons who are permanently disabled
For first violation, family benefit is ended (after
or temporarily incapacitated; those at least age
conciliation process) until compliance. For
60, and in-home caretakers of disabled relatives;
second and subsequent instances, benefit is lost
and, under certain conditions, victims of domestic
for a minimum of 3 months.
violence.
Texas
Not specified in
Under age 4
Caretakers of physically or mentally disabled
Benefit cut of $78 monthly for a single-
plan. (
Note:
(does not apply
children who require the caretaker’s presence.
caretaker case, $125 for a two-parent case.
state has benefit
to child born
cut-off limits of
after parent’s
12 months, 24
enrollment).
months and 36
months,
depending on
work history and
education.)
Utah
Immediate
None specified.
No exemptions. However, temporary
Benefit cut of $100 (parent’s fixed portion).
suspensions are for illness, medical problems,
Loss of full family benefit if a formal
and search for quality child care.
conciliation process finds the parent is capable
of participation, but has chosen not to.
CRS-25
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Vermont
30 months
Under 6 months
Exempt: persons at least age 60, disabled or
Penalties for a family at least 2 months away
(single-parent
(exemption from
incapacitated; caring for a disabled relative.
from the work-trigger time limit — that is,
families); 15
participation in
Also, waiver permits caretakers other than
during first 28 months of benefits (13 months for
months (two-
JOBS — under
relatives specified for AFDC to receive caretaker
a two-parent family): First violation, adult share
parent families).
pre-TANF
benefits and exempts them from work and
of benefit is ended until compliance; for repeat
For families who
waiver). Under
training requirements.
violations a minimum penalty period applies: 3
have not lived in
18 months
months for second offense, 6 months for
the state for 12
(exemption from
subsequent ones. After 28/13 months, when
months, work-
community
family is within 2 months of work-trigger limit,
trigger limit is 5
service). These
parent must undertake 2 months of job search.
months.
provisions apply
Penalties for refusal to perform job search, or,
(Community
to families who
afterward, to accept a job or community service
service required
have reached the
employment: Cash aid is replaced by vendor
after these
work-trigger time
payments for major expenses (housing, food,
periods)
limits shown in
fuel and other utilities), and the family loses the
adjacent column.
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 non-
complying 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
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Virgin Islands
Not specified in
Under 6 months.
Exempt: persons certified physically/mentally
First violation: Benefit reduced by adult share,
plan
unable to work, and domestic violence victims in
food stamps cut by 10%, and adult removed
a “protective setting.”
from Medicaid. Repeat violations may result in
ending the family’s TANF case.
Virginia
90 days
Under 18
Exempt: pregnant women (after first trimester);
Family benefits are ended for progressively
months.
non-parental caretakers; persons who are age 60
longer periods: first instance of noncompliance,
or incapacitated; sole caregivers of a relative who
at least 1 month or until compliance, if longer;
is incapacitated (as shown by receiving SSI or
second violation, 2 months; third and subsequent
DI, or by a physician’s statement).
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.
Washington
Immediate job
Under age 1.
None specified.
Adult share of benefit is ended. Full family
search required
(However, after
benefit may be ended, if determined appropriate.
June 30, 1999,
this drops to
under 3 months.)
West Virginia
24 months
Under 6 months
Exempt: parents caring for a dependent child
Progressive sanctions — first instance of
(under 2 years
with a life-threatening illness; persons over age
noncompliance: one-third reduction of benefits
for 1st birth after
60; persons with a physical or mental incapacity
for 3 months; second violation: two-thirds
mother first
as defined by federal regulations; persons
reduction of benefits for 3 months; third
enrolls in
suffering from a temporary debilitating injury;
violation: termination of benefits.
TANF).
relatives providing in-home care for a person
who would otherwise be institutionalized; and
women during the last trimester of pregnancy.
CRS-27
Maximum
months of
Exemptions to
benefits without
care for a young
State
work
child
Other work exemptions
Sanction for failure to comply with work rules
Wisconsin
Immediate
Under 12 weeks.
None
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.
Wyoming
Immediate job
Under 3 months.
Exempt: persons over age 65 unable to work;
For a month in which the adult fails to comply
search required.
and, under certain circumstances, victims of
with the personal responsibility plan, the family
domestic violence.
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.