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General Assembly Substitute Bill No. 6635
January Session, 2021
AN ACT CONCERNING TE MPORARY FAMILY ASSIS TANCE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17b-112 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2021): 2
(a) The Department of Social Services shall administer a temporary 3
family assistance program under which cash assistance shall be 4
provided to eligible families in accordance with the temporary 5
assistance for needy families program, established pursuant to the 6
Personal Responsibility and Work Opportunity Reconciliation Act of 7
1996. The Commissioner of Social Services may operate portions of the 8
temporary family assistance program as a solely state-funded program, 9
separate from the federal temporary assistance for needy families 10
program, if the commissioner determines that doing so will enable the 11
state to avoid fiscal penalties under the temporary assistance for needy 12
families program. Families receiving assistance under the solely state-13
funded portion of the temporary family assistance program shall be 14
subject to the same conditions of eligibility as those receiving assistance 15
under the federal temporary assistance for needy families program. 16
Under the temporary family assistance program, benefits shall be 17
provided to a family for not longer than [twenty-one] sixty months, 18
except as provided in [subsections (b) and (c)] subsection (b) of this 19 Substitute Bill No. 6635
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section. For the purpose of calculating said [twenty-one-month] sixty-20
month time limit: [, months] 21
(1) Months of assistance received on and after January 1, 1996, 22
pursuant to time limits under the aid to families with dependent 23
children program, shall be included, provided any months of temporary 24
family assistance received during the public health emergency declared 25
by Governor Ned Lamont related to the COVID-19 pandemic shall not 26
be included. For purposes of this section, "family" means one or more 27
individuals who apply for or receive assistance together under the 28
temporary family assistance program. If the commissioner determines 29
that federal law allows individuals not otherwise in an eligible covered 30
group for the temporary family assistance program to become covered, 31
such family may also, at the discretion of the commissioner, be 32
composed of [(1)] (A) a pregnant woman, or [(2)] (B) a parent, both 33
parents or other caretaker relative and at least one child who is under 34
the age of eighteen, or who is under the age of nineteen and a full-time 35
student in a secondary school or its equivalent. A caretaker relative shall 36
be related to the child or children by blood, marriage or adoption or 37
shall be the legal guardian of such a child or pursuing legal proceedings 38
necessary to achieve guardianship. If the commissioner elects to allow 39
state eligibility consistent with any change in federal law, the 40
commissioner may administratively transfer any qualifying family 41
cases under the cash assistance portion of the state-administered general 42
assistance program to the temporary family assistance program without 43
regard to usual eligibility and enrollment procedures. If such families 44
become an ineligible coverage group under the federal law, the 45
commissioner shall administratively transfer such families back to the 46
cash assistance portion of the state-administered general assistance 47
program without regard to usual eligibility and enrollment procedures 48
to the degree that such families are eligible for the state program; [.] 49
[(b) The Commissioner of Social Services shall exempt a family from 50
such time-limited benefits for circumstances including, but not limited 51
to: (1) A family with a needy caretaker relative who is incapacitated or 52 Substitute Bill No. 6635
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of an advanced age, as defined by the commissioner, if there is no other 53
nonexempt caretaker relative in the household; (2) a family with a needy 54
caretaker relative who is needed in the home because of the incapacity 55
of another member of the household, if there is no other nonexempt 56
caretaker relative in the household; (3) a family with a caretaker relative 57
who is not legally responsible for the dependent children in the 58
household if such relative's needs are not considered in calculating the 59
amount of the benefit and there is no other nonexempt caretaker relative 60
in the household; (4) a family with a caretaker relative caring for a child 61
who is under one year of age and who was born not more than ten 62
months after the family's enrollment if there is no other nonexempt 63
caretaker relative in the household; (5) a family with a pregnant or 64
postpartum caretaker relative if a physician has indicated that such 65
relative is unable to work and there is no other nonexempt caretaker 66
relative in the household; (6) a family with a caretaker relative 67
determined by the commissioner to be unemployable and there is no 68
other nonexempt caretaker relative in the household; and (7) minor 69
parents attending and satisfactorily completing high school or high 70
school equivalency programs. 71
(c) A family who is subject to time-limited benefits may petition the 72
Commissioner of Social Services for six-month extensions of such 73
benefits. The commissioner shall grant not more than two extensions to 74
such family who has made a good faith effort to comply with the 75
requirements of the program and despite such effort has a total family 76
income at a level below the payment standard, or has encountered 77
circumstances preventing employment including, but not limited to: (1) 78
Domestic violence or physical harm to such family's children; or (2) 79
other circumstances beyond such family's control. The commissioner 80
shall disregard ninety dollars of earned income in determining 81
applicable family income. The commissioner may grant a subsequent 82
six-month extension if each adult in the family meets one or more of the 83
following criteria: (A) The adult is precluded from engaging in 84
employment activities due to domestic violence or another reason 85
beyond the adult's control; (B) the adult has two or more substantiated 86 Substitute Bill No. 6635
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barriers to employment including, but not limited to, the lack of 87
available child care, substance abuse or addiction, severe mental or 88
physical health problems, one or more severe learning disabilities, 89
domestic violence or a child who has a serious physical or behavioral 90
health problem; (C) the adult is working thirty-five or more hours per 91
week, is earning at least the minimum wage and continues to earn less 92
than the family's temporary family assistance payment standard; or (D) 93
the adult is employed and works less than thirty-five hours per week 94
due to (i) a documented medical impairment that limits the adult's 95
hours of employment, provided the adult works the maximum number 96
of hours that the medical condition permits, or (ii) the need to care for a 97
disabled member of the adult's household, provided the adult works the 98
maximum number of hours the adult's caregiving responsibilities 99
permit. Families receiving temporary family assistance shall be notified 100
by the department of the right to petition for such extensions. 101
Notwithstanding the provisions of this section, the commissioner shall 102
not provide benefits under the state's temporary family assistance 103
program to a family that is subject to the twenty-one month benefit limit 104
and has received benefits beginning on or after October 1, 1996, if such 105
benefits result in that family's receiving more than sixty months of time-106
limited benefits unless that family experiences domestic violence, as 107
defined in Section 402(a)(7)(B), P.L. 104-193. For the purpose of 108
calculating said sixty-month limit: (I)] 109
(2) A month shall count toward the limit if the family receives 110
assistance for any day of the month; [,] and 111
[(II) a] (3) A month in which a family receives temporary assistance 112
for needy families benefits that are issued from a jurisdiction other than 113
Connecticut shall count toward the limit. 114
(b) The Commissioner of Social Services may exempt a family from 115
time-limited benefits for circumstances including, but not limited to: (1) 116
A family with a needy caretaker relative who is incapacitated or of an 117
advanced age, as defined by the commissioner, if there is no other 118
nonexempt caretaker relative in the household; (2) a family with a needy 119 Substitute Bill No. 6635
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caretaker relative who is needed in the home because of the incapacity 120
of another member of the household, if there is no other nonexempt 121
caretaker relative in the household; (3) a family with a caretaker relative 122
who is not legally responsible for the dependent children in the 123
household if such relative's needs are not considered in calculating the 124
amount of the benefit and there is no other nonexempt caretaker relative 125
in the household; (4) a family with a caretaker relative caring for a child 126
who is under one year of age if there is no other nonexempt caretaker 127
relative in the household; (5) a family with a pregnant or postpartum 128
caretaker relative if a physician has indicated that such relative is unable 129
to work and there is no other nonexempt caretaker relative in the 130
household; (6) a family with a caretaker relative determined by the 131
commissioner to be unemployable and there is no other nonexempt 132
caretaker relative in the household; (7) minor parents attending and 133
satisfactorily completing high school or high school equivalency 134
programs; and (8) a family that has encountered circumstances 135
preventing employment including, but not limited to, domestic 136
violence. 137
[(d)] (c) Under said program, [(1)] no family shall be eligible that has 138
total gross earnings exceeding the federal poverty level, however, in the 139
calculation of the benefit amount for eligible families and previously 140
eligible families that become ineligible temporarily because of receipt of 141
workers' compensation benefits by a family member who subsequently 142
returns to work immediately after the period of receipt of such benefits, 143
earned income shall be disregarded up to the federal poverty level. [; 144
and (2) the increase in benefits to a family in which an infant is born after 145
the initial ten months of participation in the program shall be limited to 146
an amount equal to fifty per cent of the average incremental difference 147
between the amounts paid per each family size. Except when 148
determining eligibility for a six-month extension of benefits pursuant to 149
subsection (c) of this section, the] The commissioner shall disregard the 150
first fifty dollars per month of income attributable to current child 151
support that a family receives in determining eligibility and benefit 152
levels for temporary family assistance. Any current child support in 153 Substitute Bill No. 6635
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excess of fifty dollars per month collected by the department on behalf 154
of an eligible child shall be considered in determining eligibility but 155
shall not be considered when calculating benefits and shall be taken as 156
reimbursement for assistance paid under this section, except that when 157
the current child support collected exceeds the family's monthly award 158
of temporary family assistance benefits plus fifty dollars, the current 159
child support shall be paid to the family and shall be considered when 160
calculating benefits. 161
[(e)] (d) A family receiving assistance under said program shall 162
cooperate with child support enforcement, under title IV-D of the Social 163
Security Act. A family shall be ineligible for benefits for failure to 164
cooperate with child support enforcement. 165
[(f)] (e) A family leaving assistance at the end of [(1) said twenty-one-166
month time limit, including a family with income above the payment 167
standard, or (2)] the sixty-month limit shall have an interview for the 168
purpose of being informed of services that may continue to be available 169
to such family, including employment services available through the 170
Labor Department. [Said] Such interview shall [contain] include a 171
determination of: [benefits] (1) Benefits available to [said] the family 172
provided by the Department of Social Services, [. Said interview shall 173
also include a determination of] and (2) whether such family is eligible 174
for supplemental nutrition assistance or Medicaid. Information and 175
referrals shall be made to such a family for services and benefits 176
including, but not limited to, the earned income tax credit, rental 177
subsidies, emergency housing, employment services and energy 178
assistance. 179
(f) Notwithstanding section 17b-104, commencing on July 1, 2021, the 180
Commissioner of Social Services shall provide an annual cost-of-living 181
adjustment in temporary family assistance benefits equal to the most 182
recent percentage increase in the consumer price index for urban 183
consumers whenever funds appropriated for temporary family 184
assistance lapse at the close of any fiscal year and are sufficient to cover 185
such adjustment. The commissioner shall provide a prorated benefit 186 Substitute Bill No. 6635
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increase from available lapsed funds in any fiscal year when such funds 187
are not sufficient to cover a cost-of-living adjustment in accordance with 188
this subsection. 189
(g) An applicant or recipient of temporary family assistance who is 190
adversely affected by a decision of the Commissioner of Social Services 191
may request and shall be provided a hearing in accordance with section 192
17b-60. 193
Sec. 2. Subsection (a) of section 17b-112b of the general statutes is 194
repealed and the following is substituted in lieu thereof (Effective July 1, 195
2021): 196
(a) An applicant or recipient who is a past or present victim of 197
domestic violence or at risk of further domestic violence, pursuant to 198
subsection (c) of section 17b-112a, shall, for good cause: (1) Be excused 199
from failing to participate in a work activity; or (2) be exempted from 200
child support enforcement requirements pursuant to subsection [(e)] (d) 201
of section 17b-112, as amended by this act. Such an applicant or recipient 202
may, for good cause, be granted an extension of cash assistance, [beyond 203
twenty-one months,] provided the domestic violence experienced is of 204
sufficient magnitude to reasonably render the individual unable to 205
obtain or maintain employment. 206
Sec. 3. Section 17b-112e of the general statutes is repealed and the 207
following is substituted in lieu thereof (Effective July 1, 2021): 208
(a) The Department of Social Services shall provide safety net services 209
for certain families identified as having significant barriers to 210
employment and families who are at risk of losing benefits under the 211
temporary family assistance program or no longer receiving program 212
benefits. To be eligible for safety net services, such families shall: (1) 213
Have been identified as having significant barriers to employment 214
during the initial assessment by the department's eligibility worker or 215
during the first twelve months of employment services by an 216
employment services case manager; (2) have made a good faith effort to 217 Substitute Bill No. 6635
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seek and maintain employment but have not been able to do so or be at 218
risk of failing to complete the employment services program; or (3) have 219
exhausted their eligibility for temporary family assistance program 220
benefits. [; or (4) not be eligible for six-month extensions of temporary 221
family assistance benefits due to: (A) The receipt of two sanctions from 222
the department during the first twenty months of the twenty-one-month 223
time limit of said temporary family assistance program; or (B) the 224
determination by the department that such a family has not made a 225
good faith effort to seek and maintain employment.] 226
(b) Said safety net shall consist of services provided through the 227
existing community service delivery network with additional resources 228
provided by the Department of Social Services. Services shall be 229
provided in-kind or through vendor or voucher payment. Services may 230
include the following: (1) Food, shelter, clothing and employment 231
assistance; (2) eviction prevention; (3) an in-depth family needs 232
assessment; (4) intensive case management that includes visits to the 233
family's home; (5) continuous monitoring for child abuse or neglect; and 234
(6) for families at risk of losing benefits under the temporary family 235
assistance program, individual performance contracts administered by 236
the Labor Department that require job training, job searching, volunteer 237
work, participation in parenting programs or counseling or any other 238
requirements deemed necessary by the Labor Commissioner. 239
(c) Families successfully meeting the program requirements 240
established by the individual performance contracts in subdivision (6) 241
of subsection (b) of this section [prior to the end of the twenty-one-242
month time limit] shall be considered to have made a good faith effort 243
to comply with the requirements of the program, [for the purposes of 244
qualifying for a six-month extension,] provided they have made a good 245
faith effort to comply with the individual performance contract or have 246
not incurred a sanction subsequent to completing the individual 247
performance contract. 248
(d) The Commissioner of Social Services shall implement policies and 249
procedures necessary for the purposes of this section while in the 250 Substitute Bill No. 6635
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process of adopting such policies and procedures in regulation form, 251
provided the commissioner [prints] posts notice of intention to adopt 252
the regulations [in the Connecticut Law Journal within twenty days of] 253
on the eRegulations System and the department's Internet web site not 254
later than twenty days after implementing such policies and procedures. 255
Policies and procedures implemented pursuant to this subsection shall 256
be valid until the time final regulations are effective. 257
Sec. 4. Subsection (b) of section 17b-688c of the general statutes is 258
repealed and the following is substituted in lieu thereof (Effective July 1, 259
2021): 260
(b) In no event shall temporary family assistance be granted to an 261
applicant for such assistance, who is not exempt from participation in 262
the employment services program, prior to the applicant's attendance at 263
an initial scheduled employment services assessment interview and 264
participation in the development of an employment services plan. The 265
Department of Social Services shall not delay temporary family 266
assistance to an applicant in cases where the department schedules the 267
initial employment services assessment interview more than ten 268
business days after the date on which application for assistance is made, 269
or in cases where the Labor Department does not complete an 270
employment services plan for the benefit of the applicant within ten 271
business days of the date on which the applicant attends an employment 272
services assessment interview. The Commissioner of Social Services 273
shall refer any applicant denied temporary family assistance, who may 274
be in need of emergency benefits, to other services offered by the 275
Department of Social Services or community services that may be 276
available to such applicant. The Department of Social Services shall 277
reduce the benefits awarded to a family under the temporary family 278
assistance program when a member of the family who is required to 279
participate in employment services fails to comply with an employment 280
services requirement without good cause. The first instance of 281
noncompliance with an employment services requirement shall result 282
in a twenty-five per cent reduction of such benefits for three consecutive 283 Substitute Bill No. 6635
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months. The second instance of noncompliance with such requirement 284
shall result in a thirty-five per cent reduction of such benefits for three 285
consecutive months. A third or subsequent instance of noncompliance 286
with such requirement shall result in the termination of such benefits 287
for three consecutive months. If only one member of a family is eligible 288
for temporary family assistance and such member fails to comply with 289
an employment services requirement, the department shall terminate all 290
benefits of such family for three consecutive months. Notwithstanding 291
the provisions of this subsection, the department shall terminate the 292
benefits awarded to a family under the temporary family assistance 293
program if a member of the family who is not exempt from the [twenty-294
one-month] sixty-month time limit specified in subsection (a) of section 295
17b-112 fails, without good cause, to: (1) Attend any scheduled 296
assessment appointment or interview relating to the establishment of an 297
employment services plan, except that such individual's benefits shall 298
be reinstated if the individual attends a subsequently scheduled 299
appointment or interview within thirty days of the date on which the 300
department has issued notification to the individual that benefits have 301
been terminated, or (2) comply with an employment services 302
requirement. [during a six-month extension of benefits.] Any individual 303
who fails to comply with the provisions of subdivision (1) of this 304
subsection may submit a new application for such benefits at any time 305
after termination of benefits. 306
Sec. 5. Section 17b-112k of the general statutes is repealed. (Effective 307
from passage) 308
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 17b-112
Sec. 2 July 1, 2021 17b-112b(a)
Sec. 3 July 1, 2021 17b-112e
Sec. 4 July 1, 2021 17b-688c(b)
Sec. 5 from passage Repealer section
Substitute Bill No. 6635
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HS Joint Favorable Subst.
APP Joint Favorable