Pathways to Independence Act of 2003 (S. 1523)

 

 

The Pathways to Independence Act of 2003, was introduced by Senators Smith (R-OR), Jeffords (I-VT), and Conrad (D-ND) on July 31, 2003. The bill has two provisions, both designed to improve the TANF reauthorization bill passed by the House (H.R. 4) and the draft proposal circulated by Senator Grassley, (R-IA), Chair of the Senate Finance Committee.

 

Under current law, states have the flexibility—either due to a waiver or the caseload reduction credit—to ensure that a parent with a disability, including a substance abuse disorder, receives the rehabilitative services she needs in order to prepare for work.  In recent years, more states have used this flexibility as they became aware that some parents require more specialized help to successfully enter the workforce and maintain employment. 

 

Some states—including Iowa, Utah, Maine, Tennessee, and Vermont—have designed their TANF policies and procedures so that they identify a family’s barriers, including whether there are family members with disabilities, and then design the family’s work and related activities to help the family move to greater independence.  It is essential that the 2003 legislation not undercut—or even make impossible—the fine work of these states.

 

Under H.R. 4 and the proposal circulated by Senator Grassley, the amount of time states could count rehabilitative services as meeting the full work requirement would be capped at three months.  Under these proposals, states could count the hours an individual spent in rehabilitative services as meeting the work requirements only if the individual also completed 24 hours of “core” work activities.[1] 

 

These restrictions on the states may be counter-productive for many families who require more time to successfully prepare to enter the workforce and will likely discourage states from designing programs that meet the needs of those with the most severe barriers. 

 

Provision 1:  Allow states to count participation in rehabilitative services as meeting the work requirement for more than three months if the TANF recipient is progressively increasing participation in core work activities. 

 

S. 1523 would allow states to count participation in rehabilitative services as a work activity beyond three months as long as the rehabilitative services are mixed with work activity.   S. 1523 would make two changes to Senator Grassley’s current proposal:  

 

•           First, it would extend the period of time during which participation in rehabilitation services, including substance abuse treatment, can count fully toward the work participation requirements from three months to six months.  However, during the second three months, the state must require the individual to participate in a few hours of core work activities in addition to participating in rehabilitative services.

 

•            Second, it would allow states to count individuals participating in rehabilitative services after six months as long as at least one-half of the hours in which the individual participates are in core work activities.

 

Provision 2: Allow states to count as a work activity the time that the adult in the TANF family spends caring for a child with a disability or an adult relative with a disability. 

 

It is very difficult to find safe, accessible, and appropriate child care for a child with a disability.  This is often the case regardless of the family’s income.  In addition, the nature of some children’s disabilities and health conditions means that parents are called from work regularly to assist a school with the child or to take the child to medical appointments—jeopardizing their ability to retain employment. Other TANF recipients are providing care for an adult relative who depends on them for that care.  They face a serious dilemma when they are told they must work away from home and leave an elderly parent or relative with a disability without the care they need to continue to live in the community. 

           

At the same time, there are many parents who are providing care to a family member with a disability who would like to maintain steady employment or secure the training they will need to gain employment when they are no longer needed in the home to care for their family member.

 

 S. 1523 will allow states to receive work credit for the time that a parent spends caring for a child with a disability or adult relative, if the state has determined that this is the most appropriate way to secure needed care.  The provision specifically states that it does not prevent a state from designing a plan with the parent that combines some amount of in-home care as work activity with other activities that will help the parent prepare to enter the workforce at a time that is appropriate in meeting the needs of the child or adult relative with a disability.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For further information, please contact Sharon McDonald, National Alliance to End Homelessness, 202-638-1526, ext. 109, smcdonald@naeh.org, Co-Chair of the Consortium for Citizens with Disabilities (CCD) TANF Task Force.


[1] Under H.R. 4, core activities include:  unsubsidized employment, subsidized private sector employment,  subsidized public sector employment, on-the-job training,  supervised work experience, or supervised community service. Senator Grassley has maintained the current core activities which also includes vocational education, job search, job training, and education.