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39-7,127. Same; work-and-earn incentive program; waivers from federal program requirements before implementation.

39-7,127

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-7,127.   Same; work-and-earn incentive program; waivers from federalprogram requirements before implementation.(a) The secretary of social and rehabilitation services shallmake program modifications to the aid to families with dependent childrenprogram of the departmentof social and rehabilitation services, to include a work-and-earn incentiveprogram containing provisions such that:

      (1)   If an individual's earned income is considered, the individual shall beallowed a work-and-earn incentive adjustment to assistance which shall bedetermined in accordance with policies prescribed by rules and regulationsadopted by the secretary of social and rehabilitation servicesand shall include an incentivedisregard of the amount equal to a $90 work expense plus 40% of the grossmonthly earnedincomeabove the $90 with(A) the individual's eligibility continuing until thefamily's total income exceeds the maximum income limit established by thesecretary of social and rehabilitation services in rules and regulations, (B)no time limit on the incentive disregard, and (C) no application of any othertime-limited, work-related income disregard when the work-and-earn incentiveprogram is applicable;and

      (2)   if an individual's earned income is considered, the individual shall beallowed the work expense deduction referenced in paragraph (1) of thissubsectionfrom the earned income, which shallinclude, as provided in rules and regulations of the secretary of social andrehabilitation services, generally all work-related expenses, other than daycare, andincludes specifically:   Taxes, transportation expenses, meal expenses andacquisition and maintenance expense for required uniforms.

      (b)   The secretary of social and rehabilitation services shall seek waiversfrom program requirements of the federal government as may be needed to carryout the provisions of this section and to maximize federal matching and otherfunds with respect to the provisions of this section. The secretary of socialand rehabilitation services shall implement the provisions of this section onlyif such waivers to federal program requirements have been obtained from thefederal government.

      History:   L. 1994, ch. 265, § 13; July 1.

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