2005 Vermont Code - § 1121. — Authorization to segregate state funds and create separate state programs

§ 1121. Authorization to segregate state funds and create separate state programs

(a) Consistent with the purposes of this chapter, the commissioner shall structure payment of appropriated TANF funds and state "maintenance of effort" funds to create separate state and segregated fund programs to aid families eligible for the financial assistance.

(b) The commissioner shall establish by rule standards, requirements, and criteria for the administration of any program established pursuant to this section that requires rules different from the financial assistance program.

(c) Programs and payment structures created pursuant to this section shall accomplish one or more of the following purposes:

(1) To provide work supports and assistance to working families while preserving their ability to receive financial assistance beyond the federal TANF 60-month lifetime limit.

(2) To foster parental nurturing of children in their own homes.

(3) To stabilize families in crisis.

(4) To preserve financial assistance options beyond the federal TANF 60-month lifetime limit for families addressing multiple issues relating to self-sufficiency.

(5) To preserve eligibility for financial assistance for certain parents who are under 18 and legal aliens whom federal law makes ineligible for TANF-funded assistance.

(6) To provide for the transition of families in the welfare restructuring project to the Reach Up program.

(7) To ensure that the state complies with the federal TANF program requirements.

(d) The following separate state programs shall be established, in accordance with rules adopted by the commissioner:

(1) The separate state postsecondary education program established under section 1122 of this title.

(2) A program for families in which the adult (parent or caretaker) or adults (parents) are not involved in work activities at a TANF-countable level, limited to the number of families necessary to meet federal TANF participation rate requirements.

(3) A program for families with a single parent, a caretaker, or two parents with one parent who is able-to-work-part-time or unable-to-work that have a primary caretaker of a child under 24 months of age who chooses pursuant to subdivision 1114(b)(4) of this title to defer the work requirement and to remain at home caring for the child, provided that the deferment is limited to any 24 months over the primary caretaker's lifetime, and the elimination of such work requirement is not a state option under TANF.

(e) The Reach Up program shall include a segregated funds program structured to pay appropriated state maintenance of effort funds to families in which the parent or caretaker is engaged in unsubsidized employment for the number of hours that meets the applicable TANF participation rate requirement and provided there are sufficient general funds to fund the separate state programs established in subdivisions (d)(1) through (3) of this section. If there are insufficient general funds to pay these families, then they shall be paid from TANF funds. For self-employment to be considered unsubsidized employment under this subdivision, average net weekly earnings shall equal or exceed the minimum wage multiplied by the applicable number of TANF-countable hours. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001.)