File No. 34172
This rule was published in the November 15, 2010, issue (Vol. 2010, No. 22) of the Utah State Bulletin.
Workforce Services, Employment Development
Family Employment Program
Notice of Proposed Rule
DAR File No.: 34172
Filed: 10/27/2010 04:57:31 PM
Purpose of the rule or reason for the change:
These proposed amendments change the Department's diversion and temporary cash assistance programs.
Summary of the rule or change:
Diversion is intended as a one-time payment to help a client with nonrecurrent needs. It is not intended for individuals who have ongoing needs. Payment will be made initially and the Department will not provide case management services because these individuals do not need assistance on an ongoing basis. Temporary Cash Assistance is intended to help people transition off the Family Employment Program when the client has obtained employment. These changes are being made to count income instead of hours worked and to require the client to continue cooperating with the Office of Recover Services on child support issues.
State statutory or constitutional authorization for this rule:
- Subsection 35A-4-104(4)
- Subsection 35A-3-302(5)(b)
- Section 35A-1-104
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 so there are no costs or savings to any local government.
This is a federally-funded program so there are no costs or savings to any small business.
persons other than small businesses, businesses, or local governmental entities:
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 fees associated with this program and it is federally funded. There are no compliance costs for affected persons.
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.
R986-200. Family Employment Program.
(1) Diversion is a one-time financial assistance payment provided to help a client avoid receiving extended cash assistance.
(2) In determining whether a client should receive diversion assistance, the Department will consider the following:
(a) the applicant's employment history;
(b) the likelihood that the applicant will obtain immediate full-time employment;
(c) the applicant's housing stability; and
(d) the applicant's child care needs, if applicable.
(3) To be eligible for diversion the applicant must;
(a) have a need for financial assistance to pay for housing or substantial and unforseen expenses or work related expenses which cannot be met with current or anticipated resources;
(b) show that within the diversion period, the applicant will be employed or have other specific means of self support, and
(c) meet all eligibility criteria for a FEP financial assistance payment except the applicant does not need to cooperate with ORS in obtaining support. If the client is applying for other assistance such as medical or child care, the client will have to follow the eligibility rules for that type of assistance which may require cooperation with ORS.
(4) If the Department and the client agree diversion is appropriate, the client must sign a diversion agreement listing conditions, expectations and participation requirements.
(5) The diversion payment [
may not exceed] three times the monthly financial assistance
payment for the household size. All income expected to be received
during the three-month period including wages and child support
must be considered when negotiating the appropriate diversion
(6) Child support will belong to the client during the three-month period, whether received by the client directly or collected by ORS. ORS will not use the child support to offset or reimburse the diversion payment.
(7) The client must agree to have the financial assistance portion of the application for assistance denied.
(8) If a diversion payment is made
and] the client [ later decides to reapply for financial assistance
within] three months
of the date of the original application, the initial
application date will be used and the amount of the diversion
payment previously issued will be prorated over the three months
and subtracted from the payment(s) to which the household unit is
(9) Diversion assistance is not available to clients participating in FEPTP. This is because FEPTP is based on performance and payment can only be made after performance.
R986-200-246. Transitional Cash Assistance.
(1) Transitional Cash Assistance, (TCA) is offered to help FEP and FEPTP customers stabilize employment and reduce recidivism.
(2) To be eligible for TCA a client must;
(a) have been eligible for and have
received FEP or FEPTP during the month immediately preceding the
month during which TCA is requested or granted. The FEP or FEPTP
assistance must have been terminated due to earned [
or unearned] income and not for nonparticipation
under R986-200-212. If the immediately preceding month was during a
diversion period, or the client has a reduction or termination
pending due to non participation as provided in R986-200-212, the
client is not eligible for TCA,[
(b) be employed an
average of 30 hours per week for FEP households. The
parents in a FEPTP household cannot combine hours for TCA. Each
parent must be employed 30 hours per week.]
(3) TCA is only available if the customer verifies employment averaging the minimum required in subparagraph (2)(b) of this section.
(4) TCA is available for a maximum of three months .
(a) The assistance payment for the first two months of TCA is based on household size. All household income, earned and unearned, is disregarded.
(b) Payment for the third month is one half of the payment available in (4)(a) of this section.
5]) If initial verification is provided and a client is paid
one month of TCA but the client is unable to provide documentation
to support that initial verification, no further payments will be
made under TCA but the one month payment will not result in an
(6) A client can only receive TCA once in any 24 month
period. This time limit applies regardless of how many months of
TCA a client received.
](7) TCA does not count toward the 36 month time limit found in R986-200-217.
KEY: family employment program
Date of Enactment or Last Substantive Amendment: [
July 1], 2010
Notice of Continuation: September 8, 2010
Authorizing, and Implemented or Interpreted Law: 35A-3-301 et seq.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2010/b20101115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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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.