[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR260.70]

[Page 126]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER II--OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), 
 
PART 260_GENERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PROVISIONS
--Table of Contents
 
 Subpart C_What Special Provisions Apply to States that Were Operating 
                    Programs Under Approved Waivers?
 
Sec. 260.70  What is the purpose of this subpart?


    (a) Under section 415 of the Act, if a State was granted a waiver 
under section 1115 of the Act and that waiver was in effect on August 
22, 1996, the amendments made by PRWORA do not apply for the period of 
the waiver, to the extent that they are inconsistent with the waiver and 
the State elects to continue its waiver.
    (b) Identification of waiver inconsistencies is relevant for the 
determination of penalties in three areas:
    (1) Under Sec. 261.50 of this chapter for failing to meet the work 
participation rates at part 261 of this chapter;
    (2) Under Sec. 264.2 of this chapter for failing to comply with the 
five-year limit on Federal assistance at subpart A of part 264 of this 
chapter; and
    (3) Under Sec. 261.54 of this chapter for failing to impose 
sanctions on individuals who fail to work.
    (c) This subpart explains how we will determine waiver 
inconsistencies and apply them in the penalty determination process for 
these penalties.