As Amended
SEC. 43-49-9. Work Encouragement Program.
(1) The State Department of Human Services shall conduct a program, in accordance with this section and any applicable waivers from the Secretary of the federal Department of Health and Human Services, which shall be known as the Work Encouragement Program, hereinafter referred to as the "program." The program shall include the following components, which are more fully described in subsections (3) through (7) of this section:
(a) Require AFDC recipients with a child age three (3) years or above and the noncustodial parents of the children to register to work under the federal Job Opportunity and Basic Skills (JOBS) Training Program for a minimum of twenty (20) hours per week or, for those under age twenty (20) to attend school.
(b) Allow AFDC recipients with a child age three (3) years or above and the noncustodial parents of the children to volunteer to work for pay in an approved community, governmental or nonprofit work program for a minimum of twenty-five (25) hours per week if such a program is available and other employment is not available.
(c) Strengthen work incentives in the AFDC program by providing that when a person in a household that is receiving AFDC benefits is employed, a disregard of a certain portion of the person's income shall be made, with no time limit on such disregard, to determine the household's continued eligibility for AFDC benefits and the amount of the benefits for which it is eligible.
(d) Provide that in determining a family's eligibility for AFDC benefits and the amount of benefits to be paid to the family, the percentage of the standard of need used shall be one hundred percent (100%), and no percentage reduction shall be applied to the standard of need.
(e) Provide child assistance payments to custodial single parents on behalf of their minor children as an alternative to AFDC benefits.
(2) The program described in subsection (1) and subsections (3) through (7) of this section shall be conducted in two (2) counties selected by the Executive Director of the Department of Human Services with the approval of the Governor, which counties shall represent the different geographical areas, population levels and economic levels of the state. The department shall give preference, if possible, to counties that express a desire to participate in the program. The program shall apply to persons residing in the counties selected by the department who are recipients of AFDC benefits on the implementation date of the program, or who are new applicants for AFDC benefits after the implementation date of the program, and the noncustodial parents of the children. Those persons to whom the program applies shall have their eligibility or continued eligibility for AFDC benefits determined by the provisions of the program. All persons to whom the program applies shall continue to be subject to the provisions of the program as long as it is in effect.
(3) Any program participant who is caring for a child age three (3) years or above and the noncustodial parent of the child shall register for work under the federal Job Opportunity and Basic Skills (JOBS) Training Program, 42 USCS Section 682(a) and 45 Code of Federal Regulations Section 250.0 et seq., for a minimum of twenty (20) hours per week if suitable child day care is available for the child or, for those under age twenty (20), shall attend school, as hereinafter provided:
(a) If the applicant for AFDC benefits is an employable person, as determined by the department, who is not in school, not gainfully employed or not in training, the applicant shall participate in the JOBS Training Program. If the noncustodial parent of the child of the applicant for AFDC benefits is an employable person, as determined by the department, who is not in school, not gainfully employed or not in training, the noncustodial parent shall participate in the JOBS Training Program. A mother or other caretaker relative who is unable to work because of his or her need to provide full-time care for dependent children, and for whom required care is not otherwise reasonably available notwithstanding diligent efforts by such mother or other caretaker relative and the appropriate JOBS Training Program to provide such care, shall not be deemed employable, and a mother or other caretaker relative of a child under age three (3) who is caring for the child shall not be deemed employable unless he or she volunteers to register. No AFDC benefits shall be given to any person to whom this subsection (3) applies if the person or the noncustodial parent of the person's child has not registered with the appropriate JOBS Training Program office, or who has refused to accept a referral or offer of employment in which he or she is able to engage. The AFDC benefits for the support of the child or children of any such person, if such person is the principal wage earner, shall be terminated as a result of such person's failure to comply with this subsection. However, if such person is not the principal wage earner, then only the AFDC benefits for that person shall be sanctioned for failure to comply with this subsection.
(b) A person shall be deemed to have refused to accept a referral or offer of employment if he or she:
(i) Willfully fails to report for an interview at a JOBS Training Program office with respect to employment when requested to do so by such office; or
(ii) Willfully fails to report to such office the result of a referral to employment; or
(iii) Willfully fails to report for employment under the JOBS Training Program for a minimum of twenty (20) hours per week.
Such failures as listed in this subsection shall be reported immediately to the county department by such JOBS Training Program office.
(c) Not less frequently than each appropriate occurrence, the JOBS Training Program shall refer an employable person for participation in a program of occupational training when, in the judgment of the JOBS Training Program, the person may become trained for referral to available employment or the person may become trained for referral to skilled or semi-skilled employment. As long as the person accepts the referral to such program of training and participates in such program, there will be no sanction.
(4) Any program participant who is caring for a child age three (3) years or above and the noncustodial parent of the child may volunteer to work in a community, governmental or nonprofit work program approved by the department that will help the person develop work skills or job retention skills if such a program is available and other employment is not available. Any person who volunteers to work in a community, governmental or nonprofit work program shall work in such program for a minimum of twenty-five (25) hours per week. Persons working in such programs shall be paid Fifty Dollars ($50.00) per week, which shall be payable from state funds and any available federal funds that are allowed to be used for this purpose. If any person who is receiving such payment fails to work in the program for at least ninety-eight percent (98%) of time that he or she is required to work in the program during any calendar month, the payment for that month shall be forfeited by such person, unless the failure to work for the minimum time required by this subsection is for any reason as defined in regulations of the department.
(5) The AFDC eligibility criteria for program participants shall provide that when a person in a household that is receiving AFDC benefits is employed or becomes employed, a disregard of a certain portion of the person's income shall be made to determine the household's continued eligibility for AFDC benefits and the amount of the benefits for which it is eligible, as follows:
(a) Ninety Dollars ($90.00) of each such person's monthly earned income shall be deducted for work expenses.
(b) Thirty Dollars ($30.00) of each such person's monthly earned income plus one-third (1/3) of the person's remaining earned income shall be disregarded, with no time limit on such disregard.
(c) Dependent care expenses shall be deducted each month in an amount equal to the actual expenses up to One Hundred Seventy-five Dollars ($175.00) for full-time care or One Hundred Dollars ($100.00) part-time care for each dependent child. However, a maximum of Two Hundred Dollars ($200.00) shall be allowed for the care of a child under age two (2).
(6) In determining eligibility for AFDC benefits and the amount of benefits to be paid to any family that participates in the program, the percentage of the standard of need used shall be one hundred percent (100%), and no percentage reduction shall be applied to the standard of need.
(7)
(a) Child assistance payments may be made to custodial single parents on behalf of their minor children as an alternative to AFDC benefits, pursuant to the child assistance payment plan authorized under this subsection, hereinafter referred to as the "plan." The amount of such child assistance payments shall be at least the sum of One Thousand Five Hundred Dollars ($1,500.00) per annum for the first minor child and Five Hundred Dollars ($500.00) per annum for each additional minor child, provided that such payments shall be reduced by the amounts specified in paragraph (d) of this subsection. The department may develop a methodology that will provide for the periodic adjustment of the amount of the child assistance payments to reflect any changes in the maximum monthly AFDC benefits authorized under Section 43-17-5. In addition, the child assistance payments shall be established so that the payments combined with earnings from full-time employment shall result in a family of three (3) having income at or above the current state need standard as determined by the department.
(b) No custodial parent shall be eligible for child assistance payments unless:
(i) An order of child support has been made by a chancery court of proper jurisdiction;
(ii) The order of child support is payable through the Child Support Unit of the department;
(iii) The parent subject to a support order described in subparagraphs (i) and (ii) of this paragraph is absent from the home;
(iv) The custodial parent and the child for whom, or on whose behalf an application for child assistance payments is made is, at such time, a recipient of AFDC benefits; and
(v) The custodial parent has not withdrawn from the child assistance payment plan within the three (3) months before the date of reapplication for benefits under the plan.
(c) A participant shall no longer be considered as a participant in the plan when such individual is not eligible for payments as a result of the operation of subparagraph (i) of paragraph (d) of this subsection for four (4) consecutive months.
(d)
(i) As long as funds are available therefor, the amount received by each custodial parent eligible to receive child assistance payments shall be reduced by an amount equal to:
1. The court-ordered support an eligible custodial parent actually receives on behalf of a child from his or her noncustodial parent; and
2. An additional amount that reflects a portion of the actual income of the custodial parent pursuant to a methodology to be established by the department; and
3. An additional amount which reflects that portion of the custodial parent's spouse's income that is deemed to be available to the custodial parent pursuant to a methodology to be established by the department.
(ii) Any custodial parent eligible to receive child assistance payments and that person's dependents shall be eligible for Medicaid assistance.
(e) Each participating county shall provide to all recipients eligible for participation in the child assistance payments plan a comparison of the benefits that would be available to the household under both the AFDC program and the child assistance payments plan. Each participating county shall inform all eligible recipients that participation in the plan is voluntary.
(f) Participation in the child assistance payments plan shall be voluntary. If a participant elects to terminate his or her participation in the plan, then, upon reapplication for AFDC benefits and a subsequent determination of eligibility, such participant shall be restored to benefits effective from the date of reapplication.
(8) Annually during the three-year period of the program, the department shall report the status and progress of the program to the Legislature and the Governor. Six (6) months before the end of the three-year period of the program, the department shall submit a written report to the Legislature and the Governor, containing a full and complete description and analysis of program operations and results. Such report shall include recommendations from the department as to the potential for statewide implementation of the program.
SOURCES: Laws, 1993, ch. 614, Sec. 5; 1994, ch. 582, Sec. 2, eff from and after July 1, 1994
1997 Amendment:
SECTION 27. Sections 43-49-1, 43-49-3, 43-49-8, 43-49-9, 43-49-11, 43-49-13, 43-49-15 and 43-17-31, Mississippi Code of 1972, which is the Mississippi Welfare Program Restructuring Act of 1993, and which provide for the implementation of required welfare reform components of the federal Family Support Act of 1988 and the federal Job Opportunity and Basic Skills (JOBS) Training Program, provide conditions for eligibility for AFDC benefits and prescribe certain duties of the Department of Human Services, provide for a Work Encouragement Program under applicable federal waivers, provide for a Work First pilot program under applicable federal waivers, require the department to prepare waiver requests for the welfare reform programs, authorize the department to request additional waivers regarding welfare reform and direct the department to establish an AFDC unemployed parents program, are repealed.
SOURCE: 1997 Laws, Chapter 316, Section 27, HB766, Effective March 12, 1997.