[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: 45CFR260.73]

[Page 127]
 
                        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. 260.73  How do existing welfare reform waivers affect the participation 
rates and work rules?

    (a) If a State is implementing a work participation component under 
a waiver, in accordance with this subpart, the provisions of section 407 
of the Act will not apply in determining if a penalty should be imposed, 
to the extent that the provision is inconsistent with the waiver.
    (b) For the purpose of determining if the State's demonstration has 
a work participation component, the waiver list for the demonstration 
must include one or more specific provisions that directly correspond to 
the work policies in section 407 of the Act (i.e., change allowable JOBS 
activities, exemptions from JOBS participation, hours of required JOBS 
participation, or sanctions for noncompliance with JOBS participation).
    (c) Corresponding to the inconsistencies certified by the Governor 
under Sec. 260.75:
    (1) We will calculate the State's work participation rates, by:
    (i) Excluding cases exempted from participation under the 
demonstration component and, if applicable, experimental and control 
cases not otherwise exempted, in calculating the rate;
    (ii) Defining work activities as defined in the demonstration 
component in determining the numerator; and
    (iii) Including cases meeting the required number of hours of 
participation in work activities in accordance with demonstration 
component policy, in determining the numerator.
    (2) We will determine whether a State is taking appropriate 
sanctions when an individual refuses to work based on the State's 
certified waiver policies.
    (d) We will use the data submitted by States pursuant to Sec. 265.3 
of this chapter to calculate and make public a State's work 
participation rates under both the TANF requirements and the State's 
alternative waiver requirements.