§ 165.2. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   AMR—Agreement of Mutual Responsibility—

     (i)   A written individualized document that, based on an assessment of the individual’s skills and abilities, sets forth the responsibilities and obligations to be undertaken by the individual to achieve self-sufficiency, including participation in approved work and work-related activities.

     (ii)   The AMR includes the time frames within which each obligation is to be completed, the penalties for failure to comply, and the services to be provided by the Department to support the individual’s efforts.

   Appropriate child care—

     (i)   Services operating in accordance with applicable State regulations for child day care centers, group day care homes and registered family day care.

     (ii)   The term also includes informal care provided in the child’s home or the home of the caregiver.

   Bona fide offer of employment—To be considered a bona fide offer of employment, there must be reasonable assurances that:

     (i)   Appropriate standards for the health, safety, minimum wage and other conditions applicable to the performance of work and training in the employment are established and will be maintained.

     (ii)   The employment will not result in any displacement of employed workers and with respect to that employment, the conditions of work, training, education and employment are reasonable in light of factors such as the type of work, geographical region and proficiency of the participant.

     (iii)   The employment is not available due to a labor dispute, strike or lock-out.

   EDP—Employment Development Plan—

     (i)   An individualized agreement with the Department that is completed by the Food Stamp recipient and is based on the individual’s skills and abilities.

     (ii)   An EDP sets forth an employment goal with responsibilities and obligations to be undertaken by the individual to achieve that goal and the time frames within which each obligation is to be completed.

     (iii)   The EDP describes services to be provided by the Department.

   Exempt—Individuals who are not required to comply with RESET participation requirements, as specified in §  165.21 (relating to exemptions from RESET participation requirements).

   Full-time child care—Child care of at least 5 hours per day.

   Grant diversion—The use of all or a portion of a recipient’s cash assistance grant and Food Stamps as a wage supplement to an employer.

   Noncompliance—The failure or refusal to comply with this chapter.

   Participant—An individual who is actively engaged in a mutually agreed upon and approved education, employment or training related activity.

   Part-time child care—Child care of less than 5 hours per day.

   Preexpenditure approval—Approval by a person specified by the Department prior to the recipient’s incurring an expense for an item or service.

   Reasonable distance—Up to 2 hours travel time round trip from home to the work site, including travel time to the child or adult care provider, by reasonably available public or private transportation.

   RESET—Road to Economic Self-Sufficiency Through Employment and Training—A program operated by the Department, within the constraints of available funds, to enable recipients of cash assistance to secure permanent full-time unsubsidized jobs, entry level jobs or part-time jobs which can establish a work history, preferably in the private sector, with wages and benefits that lead to economic independence and self-sufficiency as soon as practicable.

   Special allowances for supportive services—Payments for items and services as determined by the Department to be necessary to enable a participant to prepare for, seek, accept or maintain education, employment or training.

   The provisions of this §  165.2 amended under sections 201(2), 403(b), 405, 405.1, 405.3, 408, 432 and 432.3 of the Public Welfare Code (62 P. S. § §  201(2), 403(b), 405, 405.1, 405.3, 408, 432 and 432.3); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § §  601—619, 651—669(b) and 1396u-1; and the Federal TANF regulations in 45 CFR 260.10—265.10.

   The provisions of this §  165.2 adopted October 2, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4875; amended January 8, 1999, effective February 1, 1999, 29 Pa.B. 271; amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4435. Immediately preceding text appears at serial page (252543).

   This section cited in 55 Pa. Code §  125.1 (relating to policy); 55 Pa. Code §  133.23 (relating to requirements); 55 Pa. Code §  141.52 (relating to definitions); 55 Pa. Code §  165.52 (relating to good cause); and 55 Pa. Code §  281.2 (relating to definitions).