This filing was published in the 06/15/2007, issue, Vol. 2007, No. 12, of the Utah State Bulletin.
Workforce Services, Employment Development
Employment Support (ES) CC
NOTICE OF PROPOSED RULE
DAR File No.: 29973
Filed: 05/25/2007, 03:54
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this amendment is to ensure the rule reflects federal policy.
Summary of the rule or change:
The Department provides child care subsidy assistance to Vista volunteers even though those volunteers did not receive minimum wage. Assistance was provided because federal regulation made Vista volunteers eligible for a child care subsidy even though those volunteers did not otherwise meet the Department's eligibility criteria. The federal regulations have changed and Americorps*Vista volunteers now receive child care assistance from the federal government. With this change in federal regulation, Vista volunteers no longer meet the eligibility requirements for child care subsidy.
State statutory or constitutional authorization for this rule:
Section 35A-1-104 and Subsections 35A-1-104(4) and 35A-3-310(3)
Anticipated cost or savings to:
the state budget:
This is a federally-funded program so there are no costs or savings to the state budget.
This is a federally-funded program and there will be no costs of savings to any local government.
There are no costs or savings to any other persons as there are no fees associated with this program and it is federally-funded.
Compliance costs for affected persons:
There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally-funded. Vista volunteers can now obtain child care assistance from the appropriate federal agency.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. Kristen Cox, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Workforce Services
140 E 300 S
SALT LAKE CITY UT 84111-2333
Direct questions regarding this rule to:
Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Kristen Cox, Executive Director
R986. Workforce Services, Employment Development.
R986-700. Child Care Assistance.
R986-700-709. Employment Support (ES) CC.
(1) Parents who are not eligible for FEP CC or Diversion CC may be eligible for Employment Support (ES) CC. To be eligible, a parent must be employed or be employed while participating in educational or training activities. Work Study is not considered employment. A parent who attends school but is not employed at least 15 hours per week, is not eligible for ES CC. ES CC will only be provided to cover the hours a client needs child care for work or work and approved educational or training activities.
(2) If the household has only one parent, the parent must be employed at least an average of 15 hours per week.
(3) If the family has two parents, CC can be provided if:
(a) one parent is employed at least an average of 30 hours per week and the other parent is employed at least an average of 15 hours per week and their work schedules cannot be changed to provide care for the child(ren). CC will only be provided during the time both parents are in approved activities and neither is available to care for the children; or
(b) one parent is employed and the other parent cannot work, or is not capable of earning $500 per month and cannot provide care for their own children because of a physical, emotional or mental incapacity. Any employment or educational or training activities invalidate a claim of incapacity. The incapacity must be expected to last 30 days or longer. The individual claiming incapacity must verify that incapacity in one of the following ways:
(i) receipt of disability benefits from SSA;
(ii) 100% disabled by VA; or
(iii) by submitting a written statement from:
(A) a licensed medical doctor;
(B) a doctor of osteopathy;
(C) a licensed Mental Health Therapist as defined in UCA 58-60-102;
(D) a licensed Advanced Practice Registered Nurse; or
(E) a licensed Physician's Assistant.
(4) Employed or self-employed parent client(s) must make, either through wages or profit from self-employment, a rate of pay equal to or greater than minimum wage multiplied by the number of hours the parent is working. To be eligible for ES CC, a self employed parent must provide business records for the most recent three month time period to establish that the parent is likely to make at least minimum wage. If a parent has a barrier to other types of employment, exceptions can be made in extraordinary cases with the approval of the state program specialist.
(5) Americorps*Vista is supported[
even though the program does not meet the minimum wage requirements. The activities of Americorps*Vista
volunteers are considered to be work and not training.] Job Corps activities are considered to be
training and a client in the Job Corps would also have to meet the work requirements
to be eligible for ES CC.
(6) Applicants must verify identity but are not required to provide a Social Security Number (SSN) for household members. Benefits will not be denied or withheld if a customer chooses not to provide a SSN if all factors of eligibility are met. SSN's that are supplied will be verified. If an SSN is provided but is not valid, further verification will be requested to confirm identity.
KEY: child care
Enactment or Last Substantive Amendment:
April 1, ]2007
Notice of Continuation: September 14, 2005
Authorizing, and Implemented or Interpreted Law: 35A-3-310
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For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at email@example.com
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 06/13/2007 11:53 AM