ENGROSSED
Senate Bill No. 455
(By Senators Walker, Craigo, Jackson, Hunter, Helmick,
Bailey, Snyder, Mitchell, McCabe, Plymale, Prezioso, Edgell,
Sharpe, Bowman, Kessler, Redd, Unger, Ball, Ross, Oliverio,
McKenzie, Schoonover, Love and Dittmar)
____________
[Introduced February 8, 1999; referred to the Committee on
Health and Human Resources; and then to the Committee on
Finance.]
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A BILL to amend and reenact sections three and six, article nine,
chapter nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, all relating to the West
Virginia works act; excluding certain supplemental security
income benefits from the definition of "income" for purposes
of determining financial eligibility for temporary
assistance for needy families; and specifically including
certain persons within the benefit group for purposes of
determining the amount of cash assistance and level of other
benefits to be paid to an at-risk family.
Be it enacted by the Legislature of West Virginia:
That sections three and six, article nine, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 9. WEST VIRGINIA WORKS PROGRAM.
§9-9-3. Definitions.
In addition to the rules for the construction of statutes in
section ten, article two, chapter two of this code and the words
and terms defined in section two, article one of this chapter,
unless a different meaning appears from the context:
(a) "At-risk family" means a group of
West Virginians
persons living in the same household, living below the federally-
designated poverty level, lacking the resources to become self- supporting, and consisting of a dependent minor child or children
living with a parent, stepparent or caretaker-relative; an "at- risk family" may include an unmarried minor parent and his or her
dependent child or children who live in an adult-supervised
setting;
(b) "Beneficiary" or "participant" means any parent or
caretaker-relative in an at-risk family who receives cash assistance for himself or herself and family members;
(c) "Cash assistance" means temporary assistance for needy
families or diversionary assistance;
(d) "Challenge" means any fact, circumstance or situation that prevents a person from becoming self-sufficient or from
seeking, obtaining or maintaining employment of any kind,
including physical or mental disabilities, lack of education,
testing, training, counseling, child care arrangements,
transportation, medical treatment or substance abuse treatment;
(e) "Community or personal development" means activities
designed or intended to eliminate challenges to participation in
self-sufficiency activities. These activities are to provide
community benefit and enhance personal responsibility, including,
but not limited to, classes or counseling for learning life
skills or parenting, dependent care, job readiness, volunteer
work, participation in sheltered workshops or substance abuse
treatment;
(f) "Department" means the state department of health and
human resources;
(g) "Division" means the division of human services;
(h) "Income" means money received by any member of an at- risk family which can be used at the discretion of the household
to meet its basic needs:
Provided, That income
shall does not
include
earnings of minor children in school, payments received from earned income tax credit or tax refunds
SB455 S FIN AM #1
(1) Supplemental
security income paid to one member of the at-risk family:
Provided, That if more than one beneficiary in an at-risk family
receives supplemental security income benefits during a given
month, only the supplemental security income benefit of one
beneficiary shall be excluded from the term 'income': Provided,
however, That if the supplemental security income recipient is a
child who receives the benefit through a representative payee,
that child's benefit shall be excluded from the term 'income':
Provided further, That where there are two or more such children
in a family who receive supplemental security income through a
representative payee, the supplemental security income benefit
for each such child shall be excluded from the term 'income'.
(2) Earnings of minor children;
in school and
(3) Payments received from earned income tax credit or tax
refunds;"
And,
On pages six and seven, section six, by striking out all of
subsection (d) and inserting in lieu thereof a new subsection
(d), to read as follows:
(d) Cash assistance through the works program may be
provided to an at-risk family if the combined family income,
as
defined in subsection (h), section three of this article, is
below the income and asset test levels established by the
division:
Provided, That each member of an at-risk family who
receives a supplemental security income benefit shall be excluded
from the benefit group: Provided, however, That any member of an
at-risk family who receives a supplemental security income
benefit who is a child shall be included in the benefit group:
Provided further, That an at-risk family that includes a married
man and woman and dependent children of either one or both may
receive an additional cash assistance benefit in an amount ten
percent greater than the cash assistance benefit provided to the
same size household in which there are no married adults:
Provided, however, And provided further, That an at-risk family
shall receive an additional cash assistance benefit in an amount
equal to the amount of child support collected in a month on
behalf of a child or children of the at-risk family, not to
exceed fifty dollars.
Adopted
Rejected
(i) "Personal responsibility contract" means a written
agreement entered into by the division and a beneficiary which
establishes the responsibilities and obligations of the
beneficiary;
(j) "Secretary" means the secretary of the state department
of health and human resources;
(k) "Subsidized employment" means employment with earnings
provided by an employer who receives a subsidy from the division
for the creation and maintenance of the employment position;
(l) "Support services" means includes, but is not limited
to, the following services: Child care; medicaid; transportation
assistance; information and referral; resource development
services which is includes assisting families to receive child
support enforcement and supplemental social security income;
family support services which is includes parenting, budgeting
and family planning; relocation assistance; and mentoring
services;
(m) "Unsubsidized employment" means employment with earnings
provided by an employer who does not receive a subsidy from the
division for the creation and maintenance of the employment
position;
(n) "Work" means unsubsidized employment, subsidized
employment, work experience or community or personal development;
and
(o) "Work experience" means unpaid structured work
activities that are provided in an environment where performance
expectations are similar to those existing in unsubsidized
employment and which provide training in occupational areas that
can realistically be expected to lead to unsubsidized employment.
§9-9-6. Program participation.
(a) Unless otherwise noted in this article, all adult
recipients of cash assistance shall be required to participate in
the West Virginia works pilot program in accordance with the
provisions of this article. The level of participation, services
to be delivered and work requirements shall be defined within the
terms of the personal responsibility contract and through rules
established by the secretary.
(b) To the extent funding permits, any individual exempt
under the provisions of section eight of this article may
participate in the activities and programs offered through the
West Virginia works program.
(c) Support services other than cash assistance through the
works program may be provided to at-risk families to eliminate
the need for cash assistance.
(d) Cash assistance through the works program may be
provided to an at-risk family if the combined family income, as
defined in subsection (h), section three of this article, is
below the income and asset test levels established by the
division: Provided, That each member of an at-risk family who
receives a supplemental security income benefit shall be excluded
from the benefit group: Provided, however, That any member of an
at-risk family who receives a supplemental security income
benefit who is a child shall be included in the benefit group:
Provided further, That an at-risk family that includes a married
man and woman and dependent children of either one or both may
receive an additional cash assistance benefit in an amount ten
percent greater than the cash assistance benefit provided to the
same size household in which there are no married adults:
Provided, however, And provided further, That an at-risk family
shall receive an additional cash assistance benefit in an amount
equal to the amount of child support collected in a month on
behalf of a child or children of the at-risk family, not to
exceed fifty dollars.
.
Adopted
Rejected
(d) Cash assistance through the works program may be
provided to an at-risk family if the combined family income, is
below the income and asset test levels established by the
division: Provided, That an at-risk family that includes a
married man and woman and dependent children of either one or
both may receive an additional cash assistance benefit in an
amount ten percent greater than the cash assistance benefit
provided to the same size household in which there are no married
adults: Provided, however, That an at-risk family shall receive
an additional cash assistance benefit in an amount equal to the
amount of child support collected in a month on behalf of a child
or children of the at-risk family, not to exceed fifty dollars.
(d) Cash assistance through the works program may be
provided to an at-risk family if the combined family income, as
defined in subsection (h), section three of this article, is
below the income and asset test levels established by the
division: Provided, That each member of an at-risk family who
receives a supplemental security income benefit shall be excluded
from the benefit group: Provided, however, That any member of an
at-risk family who receives a supplemental security income benefit who is a child shall be included in the benefit group:
Provided further, That an at-risk family that includes a married
man and woman and dependent children of either one or both may
receive an additional cash assistance benefit in an amount ten
percent greater than the cash assistance benefit provided to the
same size household in which there are no married adults:
Provided, however, And provided further, That an at-risk family
shall receive an additional cash assistance benefit in an amount
equal to the amount of child support collected in a month on
behalf of a child or children of the at-risk family, not to
exceed fifty dollars.
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