Section 112.80  Good Cause for Failure to Comply with TANF Participation Requirements

a)         If a participant has good cause for not complying with a TANF participation requirement, financial assistance shall not be discontinued.  Examples of good cause for failure to comply include, but are not limited to:

1)         temporary illness for its duration;

2)         court required appearance or temporary incarceration;

3)         death in the family;

4)         extreme inclement weather;

5)         lack of any supportive service (see Section 112.82), even though the necessary service is not specifically provided under TANF, to the extent the lack of the needed service presents a significant barrier to TANF participation;

6)         The individual is engaged in employment and/or training that is consistent with the employment related goals of the program, and that employment and training is later approved by TANF staff (e.g., a participant is unable to attend an orientation session because she is already attending GED classes);

7)         failure of Department staff or contractor to correctly forward the information to TANF staff;

8)         attendance at a test or a mandatory class or function at an educational program (including college), when an education/training program is officially approved by TANF. When TANF workers know in advance of the tests and mandatory classes or functions, they shall schedule TANF activities around them if possible;

9)         the participant's illiteracy;

10)         a determination is made that the participant should be in a different TANF activity;

11)         non-receipt by the participant of a notice advising him or her of a participation requirement.  If the  non-receipt of mail occurs frequently, the Department shall explore an alternative means of providing notices of participation requests to participants;

12)         non-comprehension of written and/or oral English;

13)         child care (or day care for an incapacitated individual living in the same home as a child) is necessary for the participation or employment and that care is not available for a child under age 13;

14)         the participant verifies a scheduled job interview, medical appointment for the participant or a household member, or a school appointment for the participant or his or her children;

15)         the individual or family is experiencing homelessness.  An individual or family is experiencing homelessness if the individual or family:

A)        lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason;

B)        is living in a motel, hotel, camping ground or other temporary accommodation due to the lack of alternative accommodations;

C)        is living in an emergency or transitional shelter;

D)        resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (e.g., residing in a car, park, abandoned building, substandard housing, bus, train station, or similar settings);

16)         documented circumstances beyond the control of the participant which prevent the participant from completing program requirements;

17)         violations of workplace rights due TANF recipients as determined by the U.S. Department of Labor;

18)          receipt of an eviction notice;

19)          discontinued utilities; or

20)          the individual exits a publicly-funded institution or system of care (such as a healthcare facility, a mental health facility, foster care or other youth facility, or a correction program or institution) without an option to move to a fixed, adequate nighttime residence.

b)         The TANF worker may require a participant to document good cause for noncooperation with TANF requirements.

c)         No participant shall be denied good cause solely on the basis that he or she failed to notify the Department in advance of a participation requirement. Nevertheless, failure to notify is material and is an important factor if the participant could have notified the Department.

(Source:  Amended at 44 Ill. Reg. 14692, effective August 26, 2020)