37.78.508    TANF: TANF CASH ASSISTANCE; GOOD CAUSE

(1) A TANF Cash Assistance participant's failure to comply with employment and training activities, failure to comply with any requirement under a Family Investment Agreement/WoRC Employability Plan (FIA/EP), including providing verification of participation in employment and training activities outlined in the FIA/EP, or failure to accept and/or maintain employment shall not result in an adverse action, including sanctions, if good cause exists for the failure to comply or for the participant's actions. A TANF Cash Assistance participant's failure to provide financial or nonfinancial verification shall not result in an adverse action, including denial or closure of TANF benefits, if good cause exists for the participant's actions.

(2) The participant shall be given the opportunity to document good cause for failing to comply by providing and verifying information to the case manager regarding the alleged noncompliance and the reasons for the alleged failure to comply. If the information provided is not sufficient to prove good cause and it is determined the participant has failed to prove good cause for the noncompliance, appropriate adverse action will be taken, including the imposition of a sanction in accordance with ARM 37.78.506 if appropriate.

(3) Good cause for failure to complete employment and training activities or comply with FIA/EP activities is limited to the following verified circumstances:

(a) temporary severe illness or incapacity of the participant for the duration of the illness or incapacity;

(b) temporary severe illness or incapacity of another household member sufficiently serious to require the presence of the participant for the duration of the illness or incapacity;

(c) death of an immediate family member within the 5th degree of kinship (up to a maximum of five working days);

(d) temporary inability to obtain necessary child care, through no fault of the participant;

(e) adverse weather conditions which make travel impossible or unreasonably dangerous;

(f) temporary lack of transportation in a case where the participant cannot reasonably be expected to walk or bicycle because of the distance or the participant's health or physical limitations;

(i) Transportation is considered to be available if the participant has the use of a private vehicle, has access to public transportation, or can ride with someone else, provided that a participant will not be required to accept a ride under circumstances which a reasonable person would consider dangerous or unsuitable.

(g) the individual is unable to comply due to a current domestic violence situation.

(4) Good cause for failure to accept employment or for voluntarily quitting a job or reducing earned income from employment is limited to the following verified circumstances:

(a) The wage is less than the state minimum wage.

(b) Temporary lack of transportation in a case where the participant cannot reasonably be expected to walk or bicycle to work because of the distance or the participant's health or physical limitations.

(i) Transportation is considered to be available if the participant has the use of a private vehicle, has access to public transportation, or can ride with someone else, provided that a participant will not be required to accept a ride under circumstances which a reasonable person would consider dangerous or unsuitable.

(c) Participant is temporarily unable to obtain necessary child care during employment hours, through no fault of the participant.

(d) Working conditions are unsuitable because of an unreasonable degree of risk to health or safety or lack of workers' compensation coverage.

(e) The participant is age 60 or older.

(f) The participant has a physical or mental impairment which prevents the participant from accepting or maintaining this employment, as determined by a qualified medical professional involved in the treatment of the individual. A qualified medical professional is defined as an individual who is currently licensed in the state of Montana and is practicing within their field of expertise.

(g) A temporary severe illness or incapacity of the participant for the duration of the illness/incapacity only.

(h) A temporary severe illness or incapacity of another household member sufficiently serious to require the presence of the participant, for the duration of the illness/incapacity only.

(i) The participant lacks the necessary work-related skills for the employment and cannot acquire such skills in time to obtain or retain the employment.

(j) The participant is unable to participate in employment due to a current domestic violence situation.

(5) Good cause for failure to provide financial or nonfinancial verification to

determine or continue eligibility is limited to the following:

(a) verified circumstances beyond the participant's control for failing to provide citizenship verification, birth certificate, kinship documentation, income, or resources; and

(b) participant must be making a good faith effort to obtain the required verification.

History: 53-2-201, 53-4-212, MCA; IMP, 53-2-201, 53-4-211, 53-4-601 MCA; NEW, 1998 MAR p. 3284, Eff. 12/18/98; TRANS, from SRS, 2000 MAR p. 3414; AMD, 2003 MAR p. 15, Eff. 1/17/03; AMD, 2007 MAR p. 1818, Eff. 11/9/07; AMD, 2012 MAR p. 1263, Eff. 6/22/12.