Section 400.57f - Agreement with department of labor and economic growth; participation in work first program; exemptions; temporary exemptions; disabled individual; rules; section inapplicable after
THE SOCIAL WELFARE ACT (EXCERPT)
Act 280 of 1939
***** 400.57f SUBDIVISIONS (3)(c), (e), AND (f) DO NOT APPLY AFTER MARCH 31, 2007: See MCL 400.14i *****
***** ***** 400.57f THIS SECTION DOES NOT APPLY AFTER SEPTEMBER 30, 2011: See subsection (7) of this section ***** *****
400.57f Agreement with department of labor and economic growth; participation in work first program; exemptions; temporary exemptions; disabled individual; rules; section inapplicable after September 30, 2011.
Sec. 57f.
(1) The department shall enter into an agreement with the department of labor and economic growth to facilitate the administration of work first. The department shall make information on the program available to the legislature.
(2) Except as provided in section 57b, at the time the department determines that an individual is eligible to receive family independence assistance under this act, the department shall determine whether that individual is eligible to participate in the work first program or if the individual is exempt from work first participation under this section. The particular activities in which the recipient is required or authorized to participate, the number of hours of work required, and other details of work first shall be developed by the department and the department of labor and economic growth and shall be set forth in the recipient's family self-sufficiency plan. If a recipient has cooperated with work first, the recipient may enroll in a program approved by the local workforce development board. Any and all training or education with the exception of high school completion, GED preparation, and literacy training must be occupationally relevant and in demand in the labor market as determined by the local workforce development board and may be no more than 2 years in duration. Participants must make satisfactory progress while in training or education.
(3) The following individuals are exempt from participation in work first:
(a) A child under the age of 16.
(b) A child aged 16 or older, or a minor parent, who is attending elementary or secondary school full-time.
(c) The parent of a child under the age of 3 months. The family independence agency may require a parent exempted from participation in work first under this subdivision to participate in family services, including, but not limited to, instruction in parenting, nutrition, and child development beginning 6 weeks after the birth of his or her child until the child is 3 months old as fulfillment of that parent's social contract obligation under section 57e(1)(c).
(d) An individual aged 65 or older.
(e) A recipient of supplemental security income.
(f) An individual who meets 1 or more of the following criteria to the extent that the individual, based on medical evidence and an assessment of need by the department, is severely restricted in his or her ability to participate in employment or training activities:
(i) A recipient of social security disability, or medical assistance due to disability or blindness.
(ii) An individual suffering from a physical or mental impairment that meets federal supplemental security income disability standards, except that no minimum duration is required.
(iii) The spouse of an individual described in subparagraph (i) or (ii) who is the full-time caregiver of that individual.
(iv) A parent or caretaker of a child who is suffering from a physical or mental impairment that meets the federal supplemental security income disability standards, except that no minimum duration is required.
(g) Beginning April 1, 2007, the parent of a child under the age of 3 months. The department may require a parent exempted from participation in work first under this subdivision to participate in family services, including, but not limited to, instruction in parenting, nutrition, and child development beginning 6 weeks after the birth of his or her child until the child is 3 months old as fulfillment of that recipient's family self-sufficiency plan obligation under section 57e(1)(c).
(h) Beginning April 1, 2007, a recipient of supplemental security income.
(i) Beginning April 1, 2007, an individual who meets 1 or more of the following criteria to the extent that the individual, based on medical evidence and an assessment of need by the department, is severely restricted in his or her ability to participate in employment or training activities:
(i) A recipient of social security disability, or medical assistance due to disability or blindness.
(ii) An individual suffering from a physical or mental impairment that meets federal supplemental security income disability standards, except that no minimum duration is required.
(iii) The spouse of an individual described in subparagraph (i) or (ii) who is the full-time caregiver of that individual.
(iv) A parent or caretaker of a child who is suffering from a physical or mental impairment that meets the federal supplemental security income disability standards, except that no minimum duration is required.
(v) An individual with low intellectual capacity or learning disabilities that impede comprehension and prevent success in acquiring basic reading, writing, and math skills, including, but not limited to, an individual with an intelligence quotient less than 80.
(vi) An individual with documented chronic mental health problems that cannot be controlled through treatment or medication.
(vii) An individual with physical limitations on his or her ability to perform routine manual labor tasks, including, but not limited to, bending or lifting, combined with intellectual capacity or learning disabilities.
(4) In addition to those individuals exempt under subsection (3), the department may grant a temporary exemption from participation in work first, not to exceed 90 days, to an individual who is suffering from a documented short-term mental or physical illness, limitation, or disability that severely restricts his or her ability to participate in employment or training activities. An individual with a documented mental or physical illness, limitation, or disability that does not severely restrict his or her ability to participate in employment or training activities shall be required to participate in work first at a medically permissible level.
(5) An individual is not disabled for purposes of this section if substance abuse is a contributing factor material to the determination of disability.
(6) The department may promulgate rules in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, identifying exemptions under this section. The director of the department may grant exemptions for extenuating circumstances beyond the exemptions provided for in this section. The department shall annually provide to the legislature, at the same time as the governor's departmental budget proposal, a report of the number of exemptions issued under this section and the individual reason for those exemptions.
(7) This section does not apply after September 30, 2011.
History: Add. 1995, Act 223, Eff. Mar. 28, 1996 ;-- Am. 2001, Act 280, Eff. Mar. 22, 2002 ;-- Am. 2006, Act 468, Imd. Eff. Dec. 20, 2006
Compiler's Notes: For transfer of certain powers and duties vested in the department of career development or its director, relating to powers and duties of state board of education or superintendent of public instruction to the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
Popular Name: Act 280