39-7,127. Same; work-and-earn incentive program; waivers from federal program requirements before implementation. (a) The secretary of social and rehabilitation services shall make program modifications to the aid to families with dependent children program of the department of social and rehabilitation services, to include a work-and-earn incentive program containing provisions such that:

(1) If an individual's earned income is considered, the individual shall be allowed a work-and-earn incentive adjustment to assistance which shall be determined in accordance with policies prescribed by rules and regulations adopted by the secretary of social and rehabilitation services and shall include an incentive disregard of the amount equal to a $90 work expense plus 40% of the gross monthly earned income above the $90 with (A) the individual's eligibility continuing until the family's total income exceeds the maximum income limit established by the secretary of social and rehabilitation services in rules and regulations, (B) no time limit on the incentive disregard, and (C) no application of any other time-limited, work-related income disregard when the work-and-earn incentive program is applicable; and

(2) if an individual's earned income is considered, the individual shall be allowed the work expense deduction referenced in paragraph (1) of this subsection from the earned income, which shall include, as provided in rules and regulations of the secretary of social and rehabilitation services, generally all work-related expenses, other than day care, and includes specifically: Taxes, transportation expenses, meal expenses and acquisition and maintenance expense for required uniforms.

(b) The secretary of social and rehabilitation services shall seek waivers from program requirements of the federal government as may be needed to carry out the provisions of this section and to maximize federal matching and other funds with respect to the provisions of this section.  The secretary of social and rehabilitation services shall implement the provisions of this section only if such waivers to federal program requirements have been obtained from the federal government.

History: L. 1994, ch. 265, § 13; July 1.