It is the purpose of the Delaware Welfare Employment Program to:
(a) Create expanded opportunity for increased personal responsibility and advancement toward economic independence and self-sufficiency
by Delaware's welfare recipients through the acquisition of useful work skills and performance in productive employment which
will end their dependence on public assistance; and
(b) Enlist Delaware's private businesses in an expanded effort to provide job opportunities and reduce dependency, and to
enhance their work forces and increase their competitiveness; and
(c) Complement and strengthen other important state incentives designed to move welfare recipients into private sector jobs,
including child care, medical care, and job training and placement; and
(d) Authorize the creation of personal advancement accounts as an additional incentive for workers to achieve self-sufficiency
and increased skills; and
(e) Achieve the foregoing purposes in a cost-effective manner.
70 Del. Laws, c. 66, § 2.;
§ 1502. Establishment of program.
(a) The Delaware Welfare Employment Program (the "Program") is created within the Department of Health and Social Services
(the "Department") as a critical component of the State's welfare-to-work strategy; provided, however, that the Program shall,
as with the State's other welfare-to-work strategies, be administered by the Department in cooperation with the Department
of Labor, the Delaware Economic Development Office and the Delaware Work Force Development Council (hereinafter the "Cooperating
Agencies"). To the extent necessary to enable the Department to make use of the Program for appropriate cases, the Department
shall amend the State plans for the Aid to Families with Dependent Children ("AFDC") program and the jobs and basic skills
("JOBS") program and shall seek federal approval for plan amendments and any waivers from federal law. The Department shall
implement the Program with maximum federal financial participation.
(b) In lieu of receiving cash payments from the AFDC program during a placement, participants in the Program shall be provided
with productive jobs and paid in a way that promotes self-sufficiency and the opportunity for advancement in the work force.
(c) Job placement services shall be used by the State to the maximum extent possible to assist participants to take unsubsidized
private sector jobs. Only if no suitable unsubsidized job or more cost-effective job can be found within a reasonable time
may participants be assigned to jobs under the Program.
70 Del. Laws, c. 66, § 2.;
§ 1503. Individual participation in the program.
(a) Unless otherwise exempted, the following persons may be required by the Department to participate in the program:
(1) Adult and caretaker relatives of children who are receiving AFDC program benefits; and
(2) Unemployed non-caretaker parents of children who are receiving AFDC program benefits.
(b) The following recipients of public assistance may not be required by the Department to participate but may elect, to the
extent resources are available, to participate in the Program:
(1) Any person who is receiving Supplemental Security Income ("SSI") benefits or other continuing State or federal maintenance
benefits based on age or disability;
(2) A parent who is the sole caretaker of a child who is incapacitated as determined by receipt of social security disability
benefits or benefits under the SSI Program;
(3) Any individual, including caretakers, under 16 years of age;
(4) Any individual unable to participate because of a temporary medical condition preventing employment and training, as certified
by a written statement from a physician, such exemption to be reevaluated every 60 days; and
(5) Any individual 62 years of age or older.
(c) Parents under the age of 20 who are enrolled full-time in a secondary school shall be exempt from participation in the
Program.
(d) Any person enrolled full-time in an accredited post-secondary degree program who demonstrates adequate progress toward
completion of such program shall be exempt from participation in the Program for a period not to exceed 2 years and may be
permitted an extension to continue person's studies for an additional 2 years; provided, that such person works sufficient
hours to earn such person's AFDC program grant during such period.
(e) Notwithstanding subsection (a) of this section, any AFDC recipient working full time in a job not subsidized under the
Program shall be exempt from participation in the Program.
70 Del. Laws, c. 66, § 2; 70 Del. Laws, c. 186, § 1.;
§ 1504. Financing.
Within the limit of its appropriations, the Department may expend such portion of the moneys appropriated to it for expenditure
by or apportioned to the State for operation of the AFDC and the JOBS programs as the Department deems necessary to make maximum
advantage of the Program. The Department may also expend such moneys as are received from grants and contributions from individuals,
corporations, trusts, foundations and the federal government for growth of the Program.
Not less than once a year, the Department shall review the cost-effectiveness of the Program and shall take necessary action
to modify or suspend the Program to ensure the Program is a cost-effective use of the appropriations available to it for the
AFDC and JOBS programs.
70 Del. Laws, c. 66, § 2.;
§ 1505. Participating employers.
(a) Any employer subject to the State unemployment insurance tax, or reimbursement in lieu thereof pursuant to § 3345 of Title
19, shall be eligible for assignment of Program participants as temporary employees, but no employer shall be required to
participate in the Program.
(b) As part of the State's overall effort to place employable recipients in unsubsidized private sector jobs, the Department
and the Cooperating Agencies, in cooperation with the Welfare Employment Committee, shall recruit participating employers
from among those employers subject to the unemployment insurance tax, through public invitation and through cooperative efforts
with business associations, chambers of commerce, local governments and other such organizations.
(c) Each participating employer shall enter into an agreement with the Department to abide by all requirements of the Program,
and to repay reimbursements in the event that the employer violates program rules. If the Department finds that a participating
employer has violated the rules of the Program, the Department shall withhold any amounts due to the employer under this chapter,
and may seek repayment of any amounts paid to employers under this chapter.
(d) The maximum number of program participants that any employer may utilize at one time shall not exceed 10 percent of the
total number of the employer's employees in the State, but any employer may utilize one participant. The Secretary may waive
this limitation in special circumstances.
(e) The Department shall assign available jobs on the basis of a preference schedule developed by the Department. In consultation
with the participant, the Department shall try to match the prior training and education, work profile and desires of the
participant with the needs of an employer when making a placement; provided, however, that non-cooperation by the participant
shall give rise to sanctions pursuant to § 1508 of this chapter and §§ 512 and 518 of this title.
(f) Either the employer or the participant may terminate a placement by contacting the appropriate Department office. If a
participant terminates a placement with good cause, the Department shall reassess the needs and skills of the participant
and determine an appropriate course of action, such as whether to place the participant in another private sector job, another
Program placement, a work force job, or a job training or educational program. If a participant terminates a placement without
good cause, the participant shall be subject to sanctions established pursuant to § 1508 of this chapter and §§ 512 and 518
of this title. If an employer terminates a placement with good cause, the Department may, at the employer's request, provide
the employer with another participant. If an employer terminates a placement without good cause, such employer may be precluded
from further participation in the Program and shall be permitted to participate subsequently only upon application to the
Department and a determination by the Department that the employer is likely to comply with the Program's rules and regulations.
(g) The Department shall establish criteria for excluding employers from participation for failure to abide by Program requirements
or other demonstrated unwillingness to comply with the stated intent of the Program.
(h) Employers making jobs available to Program participants shall:
(1) Endeavor to make placements positive learning, training and employment experiences for Program participants:
(2) Maintain health, safety and working conditions for participants at or above levels comparable to those of other employees
of the employer;
(3) Offer such on-the-job training, including workplace monitoring, as may be necessary to enable the participants to perform
their duties;
(4) Conform to § 3304(a)(5) of the Federal Unemployment Tax Act [26 U.S.C. § 3304(a)(5)], which requires that the job offered
cannot be available as a result of a strike or labor dispute, that the job cannot require the employee to join or prohibit
the employee from joining a labor organization, and that program participants are not used to displace regular workers;
(5) Pay a wage that is substantially equal to the wage paid for similar jobs in the local economy, with appropriate adjustments
for experience and training, and including provision for advance receipt of the federal Earned Income Tax Credit ("EITC"),
but in no case lower than the State minimum wage provided in § 902 of Title 19;
(6) Withhold from each participant's paycheck, and pay as required by federal and State law, federal and State income taxes,
and social security contributions;
(7) Provide workers' compensation coverage as required by State law;
(8) Allow sick leave, holiday and vacation absences in conformity to the individual employer's policy for temporary employees;
(9) Offer group health insurance benefits if, and to the extent that, State or federal law requires the employer to provide
such benefits;
(10) Make an additional contribution to the participant's Personal Advancement Account, as provided in § 1507 of this title.
(i) For a maximum of 6 months, the Department shall reimburse the employer for each participant hour worked in the amount
of the State minimum wage. The employer shall be responsible for each participant's unemployment insurance taxes and workers'
compensation insurance premiums, and the employer's share of the Federal Insurance Contributors Act.
(j) If after 4 months in a placement, a participant has not been hired for an unsubsidized position, the employer shall allow
the worker to undertake 8 hours of job search per week. Participating employers shall consider such time as hours worked for
the purpose of paying wages.
(k) If after 6 months in a placement a participant has not been hired for an unsubsidized position, the placement shall be
terminated and the employer shall file a statement with the Department explaining its reason for not hiring the participant
in an unsubsidized position. At that time, the Department, or one of the Cooperating Agencies as the case may be, shall reassess
the participant's employability and determine an appropriate course of action such as whether to place the participant in
another private sector job, a workfare job, or a job training or educational program, another Program placement, or to sanction
the participant pursuant to its authority under § 1508 of this chapter and §§ 512 and 518 of this title.
(l) The Department and the Cooperating Agencies may provide the following types of services: Job readiness, job development,
job training and placement, job support, program evaluation, and other services incident to the operation of the Program,
and to that end, shall, to the extent such services may be provided more cost-effectively in such manner, subcontract for
such services with qualified public and private organizations.
70 Del. Laws, c. 66, § 2.;
§ 1506. Participant compensation and benefits.
(a) Participants shall receive the following benefits so long as they satisfactorily participate in the Program:
(1) Compensation for their work effort substantially equal to the wage paid for similar jobs in the local economy, with appropriate
adjustments for experience, training and productive effort;
(2) The EITC, with advancible portions paid as a part of the wage payment;
(3) Continuation of federal and state medical assistance benefits for which the participants was eligible at the time of entering
the Program;
(4) Child care benefits as may be necessary to permit participation in the Program;
(5) Job training and job search counseling as otherwise available under the JOBS program;
(6) Such portion of the child support payments collected by the Department as the Department determines, in addition to, and
not in lieu of, the payments for work provided in the Program;
(7) Accumulation of an earned Personal Advancement Account as provided for in § 1507 of this title.
(b) AFDC benefits shall be suspended for the duration of the placement at the end of the first calendar month in which an
employer makes the first wage payment to a participant who is a custodial parent in a family that receives AFDC program benefits.
(c) The Department shall also make supplemental payments to families for which the participant's wages, together with the
EITC, represent less spendable income than the value of the AFDC program benefits that the family would otherwise receive.
The supplemental payments shall be in amounts which when added to the amount of participant wages together with the EITC will
be equal to the value of the AFDC program benefits that the family would otherwise receive. The Department shall determine
and pay in advance supplemental payments to participants on a monthly basis as necessary to ensure equivalent net program
wages. Such supplemental payments shall not be subject to federal income taxes and social security contributions.
(d) The Department may provide life skills classes and opportunities for participants to achieve high school graduation equivalency
diplomas in conjunction with participation in the Program.
70 Del. Laws, c. 66, § 2.;
§ 1507. Personal Advancement Account.
(a) In accordance with rules adopted by the Department, each participant in the Program shall create a Personal Advancement
Account in the participant's name. The account may be held by the employer, by a bank, savings and loan association, or credit
union, or by another suitable organization approved by the Secretary. The account may be designed to take advantage of any
relevant federal or state tax exemption or tax deferral privileges. The account shall be the property of the participant but
shall not be subject attachment for judgments arising from causes antedating the establishment of the account, other than
obligations for child support.
(b) Beginning with the thirtieth day of each participant's employment with an employer and ending 6 months thereafter, in
addition to the participant's wage as defined in § 1506 of this title and at the same time that such wages are paid, the employer
shall pay into the participant's Personal Advancement Account, $1.00 for each participant hour worked, less any required deductions
for income tax withholding, FICA, and the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.].
(c) During the period specified in subsection (b) of this section, the participant may make withdrawals from the Account,
in accordance with rules adopted by the Department, for the following purposes:
(1) Tuition and charges for qualified education and training programs;
(2) Participation in a contributory benefit program offered by the employer, including but not limited to a medical savings
account;
(3) The purchase of tools, vehicles or equipment necessary to start the participant's business;
(4) The payment of medical expenses of the participant's family, not covered by insurance;
(5) Other approved expenditures made in response to emergencies or severe hardships.
(d) At the end of period specified in subsection (b) of this section, any balance in the Account shall inure to the participant's
benefit.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 66, § 2.;
§ 1508. Sanctions for refusal to participate.
Pursuant to its authority under §§ 512 and 518 of this title, the Department shall establish sanctions for participants who
fail to comply with the requirements of the Program.
70 Del. Laws, c. 66, § 2.;
§ 1509. Welfare Employment Committee.
(a) The Welfare Employment Committee (the "Committee") is established to assist the Department and the Cooperating Agencies
in placing AFDC recipients in unsubsidized private sector jobs, and to advise them on the policy, direction and implementation
of all of Delaware's welfare-to-work efforts, including the Program. The Committee shall operate in close cooperation with
the Delaware Workforce Investment Board (the "Board") and shall provide the Board with its advice with respect to the allocation
of job training and placement funds for implementation of the State's welfare-to-work efforts.
(b) The Committee shall have 7 members appointed by the Governor, who shall designate one member to serve as Chairperson at
the Governor's pleasure. At least 5 of those members shall be representatives of employers, 2 of the members shall be at large.
No more than 4 members may belong to the same political party.
(c) The initial appointees to the Committee shall serve until February 1, 1997. Three of the appointees who begin service
after February 1, 1997, shall have terms of 3 years, 2 shall have terms of 2 years, and 2 shall have terms of 1 year, as designated
by the Governor at the time of their appointment. Vacancies shall be filled for the duration of the unexpired term. Committee
members shall be eligible for reappointment.
(d) The Committee shall recruit employers for AFDC recipients. For that purpose and to assist the State in placing AFDC recipients
in private sector jobs, the Committee may hold public meetings and meet periodically with employers, AFDC recipients, and
relevant State agencies to remove barriers to the placement of public assistance recipients in private sector jobs and to
adapt State policies, including the Program, so as to better accomplish such placements.
(e) The Board shall include a section in its annual report prepared by the Committee regarding the status and implementation
of the State's efforts to place AFDC recipients in private sector jobs, including the Committee's recommendations for improvements
in such efforts.
70 Del. Laws, c. 66, § 2; 72 Del. Laws, c. 392, §§ 1-3.;
§ 1510. Annual report.
The Department shall submit an annual written report to the Governor and the General Assembly containing a full and complete
analysis of the operation of the Program, recommendations for the improvement of the Program, and an analysis of the cost
projections of the Program. If the analysis concludes that the Program is not likely to achieve or maintain long-term budget
neutrality, allowing for expected price inflation, the Department shall present a plan for the modification or termination
of the Program.
It is the purpose of the Delaware Welfare Employment Program to:
(a) Create expanded opportunity for increased personal responsibility and advancement toward economic independence and self-sufficiency
by Delaware's welfare recipients through the acquisition of useful work skills and performance in productive employment which
will end their dependence on public assistance; and
(b) Enlist Delaware's private businesses in an expanded effort to provide job opportunities and reduce dependency, and to
enhance their work forces and increase their competitiveness; and
(c) Complement and strengthen other important state incentives designed to move welfare recipients into private sector jobs,
including child care, medical care, and job training and placement; and
(d) Authorize the creation of personal advancement accounts as an additional incentive for workers to achieve self-sufficiency
and increased skills; and
(e) Achieve the foregoing purposes in a cost-effective manner.
70 Del. Laws, c. 66, § 2.;
§ 1502. Establishment of program.
(a) The Delaware Welfare Employment Program (the "Program") is created within the Department of Health and Social Services
(the "Department") as a critical component of the State's welfare-to-work strategy; provided, however, that the Program shall,
as with the State's other welfare-to-work strategies, be administered by the Department in cooperation with the Department
of Labor, the Delaware Economic Development Office and the Delaware Work Force Development Council (hereinafter the "Cooperating
Agencies"). To the extent necessary to enable the Department to make use of the Program for appropriate cases, the Department
shall amend the State plans for the Aid to Families with Dependent Children ("AFDC") program and the jobs and basic skills
("JOBS") program and shall seek federal approval for plan amendments and any waivers from federal law. The Department shall
implement the Program with maximum federal financial participation.
(b) In lieu of receiving cash payments from the AFDC program during a placement, participants in the Program shall be provided
with productive jobs and paid in a way that promotes self-sufficiency and the opportunity for advancement in the work force.
(c) Job placement services shall be used by the State to the maximum extent possible to assist participants to take unsubsidized
private sector jobs. Only if no suitable unsubsidized job or more cost-effective job can be found within a reasonable time
may participants be assigned to jobs under the Program.
70 Del. Laws, c. 66, § 2.;
§ 1503. Individual participation in the program.
(a) Unless otherwise exempted, the following persons may be required by the Department to participate in the program:
(1) Adult and caretaker relatives of children who are receiving AFDC program benefits; and
(2) Unemployed non-caretaker parents of children who are receiving AFDC program benefits.
(b) The following recipients of public assistance may not be required by the Department to participate but may elect, to the
extent resources are available, to participate in the Program:
(1) Any person who is receiving Supplemental Security Income ("SSI") benefits or other continuing State or federal maintenance
benefits based on age or disability;
(2) A parent who is the sole caretaker of a child who is incapacitated as determined by receipt of social security disability
benefits or benefits under the SSI Program;
(3) Any individual, including caretakers, under 16 years of age;
(4) Any individual unable to participate because of a temporary medical condition preventing employment and training, as certified
by a written statement from a physician, such exemption to be reevaluated every 60 days; and
(5) Any individual 62 years of age or older.
(c) Parents under the age of 20 who are enrolled full-time in a secondary school shall be exempt from participation in the
Program.
(d) Any person enrolled full-time in an accredited post-secondary degree program who demonstrates adequate progress toward
completion of such program shall be exempt from participation in the Program for a period not to exceed 2 years and may be
permitted an extension to continue person's studies for an additional 2 years; provided, that such person works sufficient
hours to earn such person's AFDC program grant during such period.
(e) Notwithstanding subsection (a) of this section, any AFDC recipient working full time in a job not subsidized under the
Program shall be exempt from participation in the Program.
70 Del. Laws, c. 66, § 2; 70 Del. Laws, c. 186, § 1.;
§ 1504. Financing.
Within the limit of its appropriations, the Department may expend such portion of the moneys appropriated to it for expenditure
by or apportioned to the State for operation of the AFDC and the JOBS programs as the Department deems necessary to make maximum
advantage of the Program. The Department may also expend such moneys as are received from grants and contributions from individuals,
corporations, trusts, foundations and the federal government for growth of the Program.
Not less than once a year, the Department shall review the cost-effectiveness of the Program and shall take necessary action
to modify or suspend the Program to ensure the Program is a cost-effective use of the appropriations available to it for the
AFDC and JOBS programs.
70 Del. Laws, c. 66, § 2.;
§ 1505. Participating employers.
(a) Any employer subject to the State unemployment insurance tax, or reimbursement in lieu thereof pursuant to § 3345 of Title
19, shall be eligible for assignment of Program participants as temporary employees, but no employer shall be required to
participate in the Program.
(b) As part of the State's overall effort to place employable recipients in unsubsidized private sector jobs, the Department
and the Cooperating Agencies, in cooperation with the Welfare Employment Committee, shall recruit participating employers
from among those employers subject to the unemployment insurance tax, through public invitation and through cooperative efforts
with business associations, chambers of commerce, local governments and other such organizations.
(c) Each participating employer shall enter into an agreement with the Department to abide by all requirements of the Program,
and to repay reimbursements in the event that the employer violates program rules. If the Department finds that a participating
employer has violated the rules of the Program, the Department shall withhold any amounts due to the employer under this chapter,
and may seek repayment of any amounts paid to employers under this chapter.
(d) The maximum number of program participants that any employer may utilize at one time shall not exceed 10 percent of the
total number of the employer's employees in the State, but any employer may utilize one participant. The Secretary may waive
this limitation in special circumstances.
(e) The Department shall assign available jobs on the basis of a preference schedule developed by the Department. In consultation
with the participant, the Department shall try to match the prior training and education, work profile and desires of the
participant with the needs of an employer when making a placement; provided, however, that non-cooperation by the participant
shall give rise to sanctions pursuant to § 1508 of this chapter and §§ 512 and 518 of this title.
(f) Either the employer or the participant may terminate a placement by contacting the appropriate Department office. If a
participant terminates a placement with good cause, the Department shall reassess the needs and skills of the participant
and determine an appropriate course of action, such as whether to place the participant in another private sector job, another
Program placement, a work force job, or a job training or educational program. If a participant terminates a placement without
good cause, the participant shall be subject to sanctions established pursuant to § 1508 of this chapter and §§ 512 and 518
of this title. If an employer terminates a placement with good cause, the Department may, at the employer's request, provide
the employer with another participant. If an employer terminates a placement without good cause, such employer may be precluded
from further participation in the Program and shall be permitted to participate subsequently only upon application to the
Department and a determination by the Department that the employer is likely to comply with the Program's rules and regulations.
(g) The Department shall establish criteria for excluding employers from participation for failure to abide by Program requirements
or other demonstrated unwillingness to comply with the stated intent of the Program.
(h) Employers making jobs available to Program participants shall:
(1) Endeavor to make placements positive learning, training and employment experiences for Program participants:
(2) Maintain health, safety and working conditions for participants at or above levels comparable to those of other employees
of the employer;
(3) Offer such on-the-job training, including workplace monitoring, as may be necessary to enable the participants to perform
their duties;
(4) Conform to § 3304(a)(5) of the Federal Unemployment Tax Act [26 U.S.C. § 3304(a)(5)], which requires that the job offered
cannot be available as a result of a strike or labor dispute, that the job cannot require the employee to join or prohibit
the employee from joining a labor organization, and that program participants are not used to displace regular workers;
(5) Pay a wage that is substantially equal to the wage paid for similar jobs in the local economy, with appropriate adjustments
for experience and training, and including provision for advance receipt of the federal Earned Income Tax Credit ("EITC"),
but in no case lower than the State minimum wage provided in § 902 of Title 19;
(6) Withhold from each participant's paycheck, and pay as required by federal and State law, federal and State income taxes,
and social security contributions;
(7) Provide workers' compensation coverage as required by State law;
(8) Allow sick leave, holiday and vacation absences in conformity to the individual employer's policy for temporary employees;
(9) Offer group health insurance benefits if, and to the extent that, State or federal law requires the employer to provide
such benefits;
(10) Make an additional contribution to the participant's Personal Advancement Account, as provided in § 1507 of this title.
(i) For a maximum of 6 months, the Department shall reimburse the employer for each participant hour worked in the amount
of the State minimum wage. The employer shall be responsible for each participant's unemployment insurance taxes and workers'
compensation insurance premiums, and the employer's share of the Federal Insurance Contributors Act.
(j) If after 4 months in a placement, a participant has not been hired for an unsubsidized position, the employer shall allow
the worker to undertake 8 hours of job search per week. Participating employers shall consider such time as hours worked for
the purpose of paying wages.
(k) If after 6 months in a placement a participant has not been hired for an unsubsidized position, the placement shall be
terminated and the employer shall file a statement with the Department explaining its reason for not hiring the participant
in an unsubsidized position. At that time, the Department, or one of the Cooperating Agencies as the case may be, shall reassess
the participant's employability and determine an appropriate course of action such as whether to place the participant in
another private sector job, a workfare job, or a job training or educational program, another Program placement, or to sanction
the participant pursuant to its authority under § 1508 of this chapter and §§ 512 and 518 of this title.
(l) The Department and the Cooperating Agencies may provide the following types of services: Job readiness, job development,
job training and placement, job support, program evaluation, and other services incident to the operation of the Program,
and to that end, shall, to the extent such services may be provided more cost-effectively in such manner, subcontract for
such services with qualified public and private organizations.
70 Del. Laws, c. 66, § 2.;
§ 1506. Participant compensation and benefits.
(a) Participants shall receive the following benefits so long as they satisfactorily participate in the Program:
(1) Compensation for their work effort substantially equal to the wage paid for similar jobs in the local economy, with appropriate
adjustments for experience, training and productive effort;
(2) The EITC, with advancible portions paid as a part of the wage payment;
(3) Continuation of federal and state medical assistance benefits for which the participants was eligible at the time of entering
the Program;
(4) Child care benefits as may be necessary to permit participation in the Program;
(5) Job training and job search counseling as otherwise available under the JOBS program;
(6) Such portion of the child support payments collected by the Department as the Department determines, in addition to, and
not in lieu of, the payments for work provided in the Program;
(7) Accumulation of an earned Personal Advancement Account as provided for in § 1507 of this title.
(b) AFDC benefits shall be suspended for the duration of the placement at the end of the first calendar month in which an
employer makes the first wage payment to a participant who is a custodial parent in a family that receives AFDC program benefits.
(c) The Department shall also make supplemental payments to families for which the participant's wages, together with the
EITC, represent less spendable income than the value of the AFDC program benefits that the family would otherwise receive.
The supplemental payments shall be in amounts which when added to the amount of participant wages together with the EITC will
be equal to the value of the AFDC program benefits that the family would otherwise receive. The Department shall determine
and pay in advance supplemental payments to participants on a monthly basis as necessary to ensure equivalent net program
wages. Such supplemental payments shall not be subject to federal income taxes and social security contributions.
(d) The Department may provide life skills classes and opportunities for participants to achieve high school graduation equivalency
diplomas in conjunction with participation in the Program.
70 Del. Laws, c. 66, § 2.;
§ 1507. Personal Advancement Account.
(a) In accordance with rules adopted by the Department, each participant in the Program shall create a Personal Advancement
Account in the participant's name. The account may be held by the employer, by a bank, savings and loan association, or credit
union, or by another suitable organization approved by the Secretary. The account may be designed to take advantage of any
relevant federal or state tax exemption or tax deferral privileges. The account shall be the property of the participant but
shall not be subject attachment for judgments arising from causes antedating the establishment of the account, other than
obligations for child support.
(b) Beginning with the thirtieth day of each participant's employment with an employer and ending 6 months thereafter, in
addition to the participant's wage as defined in § 1506 of this title and at the same time that such wages are paid, the employer
shall pay into the participant's Personal Advancement Account, $1.00 for each participant hour worked, less any required deductions
for income tax withholding, FICA, and the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.].
(c) During the period specified in subsection (b) of this section, the participant may make withdrawals from the Account,
in accordance with rules adopted by the Department, for the following purposes:
(1) Tuition and charges for qualified education and training programs;
(2) Participation in a contributory benefit program offered by the employer, including but not limited to a medical savings
account;
(3) The purchase of tools, vehicles or equipment necessary to start the participant's business;
(4) The payment of medical expenses of the participant's family, not covered by insurance;
(5) Other approved expenditures made in response to emergencies or severe hardships.
(d) At the end of period specified in subsection (b) of this section, any balance in the Account shall inure to the participant's
benefit.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 66, § 2.;
§ 1508. Sanctions for refusal to participate.
Pursuant to its authority under §§ 512 and 518 of this title, the Department shall establish sanctions for participants who
fail to comply with the requirements of the Program.
70 Del. Laws, c. 66, § 2.;
§ 1509. Welfare Employment Committee.
(a) The Welfare Employment Committee (the "Committee") is established to assist the Department and the Cooperating Agencies
in placing AFDC recipients in unsubsidized private sector jobs, and to advise them on the policy, direction and implementation
of all of Delaware's welfare-to-work efforts, including the Program. The Committee shall operate in close cooperation with
the Delaware Workforce Investment Board (the "Board") and shall provide the Board with its advice with respect to the allocation
of job training and placement funds for implementation of the State's welfare-to-work efforts.
(b) The Committee shall have 7 members appointed by the Governor, who shall designate one member to serve as Chairperson at
the Governor's pleasure. At least 5 of those members shall be representatives of employers, 2 of the members shall be at large.
No more than 4 members may belong to the same political party.
(c) The initial appointees to the Committee shall serve until February 1, 1997. Three of the appointees who begin service
after February 1, 1997, shall have terms of 3 years, 2 shall have terms of 2 years, and 2 shall have terms of 1 year, as designated
by the Governor at the time of their appointment. Vacancies shall be filled for the duration of the unexpired term. Committee
members shall be eligible for reappointment.
(d) The Committee shall recruit employers for AFDC recipients. For that purpose and to assist the State in placing AFDC recipients
in private sector jobs, the Committee may hold public meetings and meet periodically with employers, AFDC recipients, and
relevant State agencies to remove barriers to the placement of public assistance recipients in private sector jobs and to
adapt State policies, including the Program, so as to better accomplish such placements.
(e) The Board shall include a section in its annual report prepared by the Committee regarding the status and implementation
of the State's efforts to place AFDC recipients in private sector jobs, including the Committee's recommendations for improvements
in such efforts.
70 Del. Laws, c. 66, § 2; 72 Del. Laws, c. 392, §§ 1-3.;
§ 1510. Annual report.
The Department shall submit an annual written report to the Governor and the General Assembly containing a full and complete
analysis of the operation of the Program, recommendations for the improvement of the Program, and an analysis of the cost
projections of the Program. If the analysis concludes that the Program is not likely to achieve or maintain long-term budget
neutrality, allowing for expected price inflation, the Department shall present a plan for the modification or termination
of the Program.
It is the purpose of the Delaware Welfare Employment Program to:
(a) Create expanded opportunity for increased personal responsibility and advancement toward economic independence and self-sufficiency
by Delaware's welfare recipients through the acquisition of useful work skills and performance in productive employment which
will end their dependence on public assistance; and
(b) Enlist Delaware's private businesses in an expanded effort to provide job opportunities and reduce dependency, and to
enhance their work forces and increase their competitiveness; and
(c) Complement and strengthen other important state incentives designed to move welfare recipients into private sector jobs,
including child care, medical care, and job training and placement; and
(d) Authorize the creation of personal advancement accounts as an additional incentive for workers to achieve self-sufficiency
and increased skills; and
(e) Achieve the foregoing purposes in a cost-effective manner.
70 Del. Laws, c. 66, § 2.;
§ 1502. Establishment of program.
(a) The Delaware Welfare Employment Program (the "Program") is created within the Department of Health and Social Services
(the "Department") as a critical component of the State's welfare-to-work strategy; provided, however, that the Program shall,
as with the State's other welfare-to-work strategies, be administered by the Department in cooperation with the Department
of Labor, the Delaware Economic Development Office and the Delaware Work Force Development Council (hereinafter the "Cooperating
Agencies"). To the extent necessary to enable the Department to make use of the Program for appropriate cases, the Department
shall amend the State plans for the Aid to Families with Dependent Children ("AFDC") program and the jobs and basic skills
("JOBS") program and shall seek federal approval for plan amendments and any waivers from federal law. The Department shall
implement the Program with maximum federal financial participation.
(b) In lieu of receiving cash payments from the AFDC program during a placement, participants in the Program shall be provided
with productive jobs and paid in a way that promotes self-sufficiency and the opportunity for advancement in the work force.
(c) Job placement services shall be used by the State to the maximum extent possible to assist participants to take unsubsidized
private sector jobs. Only if no suitable unsubsidized job or more cost-effective job can be found within a reasonable time
may participants be assigned to jobs under the Program.
70 Del. Laws, c. 66, § 2.;
§ 1503. Individual participation in the program.
(a) Unless otherwise exempted, the following persons may be required by the Department to participate in the program:
(1) Adult and caretaker relatives of children who are receiving AFDC program benefits; and
(2) Unemployed non-caretaker parents of children who are receiving AFDC program benefits.
(b) The following recipients of public assistance may not be required by the Department to participate but may elect, to the
extent resources are available, to participate in the Program:
(1) Any person who is receiving Supplemental Security Income ("SSI") benefits or other continuing State or federal maintenance
benefits based on age or disability;
(2) A parent who is the sole caretaker of a child who is incapacitated as determined by receipt of social security disability
benefits or benefits under the SSI Program;
(3) Any individual, including caretakers, under 16 years of age;
(4) Any individual unable to participate because of a temporary medical condition preventing employment and training, as certified
by a written statement from a physician, such exemption to be reevaluated every 60 days; and
(5) Any individual 62 years of age or older.
(c) Parents under the age of 20 who are enrolled full-time in a secondary school shall be exempt from participation in the
Program.
(d) Any person enrolled full-time in an accredited post-secondary degree program who demonstrates adequate progress toward
completion of such program shall be exempt from participation in the Program for a period not to exceed 2 years and may be
permitted an extension to continue person's studies for an additional 2 years; provided, that such person works sufficient
hours to earn such person's AFDC program grant during such period.
(e) Notwithstanding subsection (a) of this section, any AFDC recipient working full time in a job not subsidized under the
Program shall be exempt from participation in the Program.
70 Del. Laws, c. 66, § 2; 70 Del. Laws, c. 186, § 1.;
§ 1504. Financing.
Within the limit of its appropriations, the Department may expend such portion of the moneys appropriated to it for expenditure
by or apportioned to the State for operation of the AFDC and the JOBS programs as the Department deems necessary to make maximum
advantage of the Program. The Department may also expend such moneys as are received from grants and contributions from individuals,
corporations, trusts, foundations and the federal government for growth of the Program.
Not less than once a year, the Department shall review the cost-effectiveness of the Program and shall take necessary action
to modify or suspend the Program to ensure the Program is a cost-effective use of the appropriations available to it for the
AFDC and JOBS programs.
70 Del. Laws, c. 66, § 2.;
§ 1505. Participating employers.
(a) Any employer subject to the State unemployment insurance tax, or reimbursement in lieu thereof pursuant to § 3345 of Title
19, shall be eligible for assignment of Program participants as temporary employees, but no employer shall be required to
participate in the Program.
(b) As part of the State's overall effort to place employable recipients in unsubsidized private sector jobs, the Department
and the Cooperating Agencies, in cooperation with the Welfare Employment Committee, shall recruit participating employers
from among those employers subject to the unemployment insurance tax, through public invitation and through cooperative efforts
with business associations, chambers of commerce, local governments and other such organizations.
(c) Each participating employer shall enter into an agreement with the Department to abide by all requirements of the Program,
and to repay reimbursements in the event that the employer violates program rules. If the Department finds that a participating
employer has violated the rules of the Program, the Department shall withhold any amounts due to the employer under this chapter,
and may seek repayment of any amounts paid to employers under this chapter.
(d) The maximum number of program participants that any employer may utilize at one time shall not exceed 10 percent of the
total number of the employer's employees in the State, but any employer may utilize one participant. The Secretary may waive
this limitation in special circumstances.
(e) The Department shall assign available jobs on the basis of a preference schedule developed by the Department. In consultation
with the participant, the Department shall try to match the prior training and education, work profile and desires of the
participant with the needs of an employer when making a placement; provided, however, that non-cooperation by the participant
shall give rise to sanctions pursuant to § 1508 of this chapter and §§ 512 and 518 of this title.
(f) Either the employer or the participant may terminate a placement by contacting the appropriate Department office. If a
participant terminates a placement with good cause, the Department shall reassess the needs and skills of the participant
and determine an appropriate course of action, such as whether to place the participant in another private sector job, another
Program placement, a work force job, or a job training or educational program. If a participant terminates a placement without
good cause, the participant shall be subject to sanctions established pursuant to § 1508 of this chapter and §§ 512 and 518
of this title. If an employer terminates a placement with good cause, the Department may, at the employer's request, provide
the employer with another participant. If an employer terminates a placement without good cause, such employer may be precluded
from further participation in the Program and shall be permitted to participate subsequently only upon application to the
Department and a determination by the Department that the employer is likely to comply with the Program's rules and regulations.
(g) The Department shall establish criteria for excluding employers from participation for failure to abide by Program requirements
or other demonstrated unwillingness to comply with the stated intent of the Program.
(h) Employers making jobs available to Program participants shall:
(1) Endeavor to make placements positive learning, training and employment experiences for Program participants:
(2) Maintain health, safety and working conditions for participants at or above levels comparable to those of other employees
of the employer;
(3) Offer such on-the-job training, including workplace monitoring, as may be necessary to enable the participants to perform
their duties;
(4) Conform to § 3304(a)(5) of the Federal Unemployment Tax Act [26 U.S.C. § 3304(a)(5)], which requires that the job offered
cannot be available as a result of a strike or labor dispute, that the job cannot require the employee to join or prohibit
the employee from joining a labor organization, and that program participants are not used to displace regular workers;
(5) Pay a wage that is substantially equal to the wage paid for similar jobs in the local economy, with appropriate adjustments
for experience and training, and including provision for advance receipt of the federal Earned Income Tax Credit ("EITC"),
but in no case lower than the State minimum wage provided in § 902 of Title 19;
(6) Withhold from each participant's paycheck, and pay as required by federal and State law, federal and State income taxes,
and social security contributions;
(7) Provide workers' compensation coverage as required by State law;
(8) Allow sick leave, holiday and vacation absences in conformity to the individual employer's policy for temporary employees;
(9) Offer group health insurance benefits if, and to the extent that, State or federal law requires the employer to provide
such benefits;
(10) Make an additional contribution to the participant's Personal Advancement Account, as provided in § 1507 of this title.
(i) For a maximum of 6 months, the Department shall reimburse the employer for each participant hour worked in the amount
of the State minimum wage. The employer shall be responsible for each participant's unemployment insurance taxes and workers'
compensation insurance premiums, and the employer's share of the Federal Insurance Contributors Act.
(j) If after 4 months in a placement, a participant has not been hired for an unsubsidized position, the employer shall allow
the worker to undertake 8 hours of job search per week. Participating employers shall consider such time as hours worked for
the purpose of paying wages.
(k) If after 6 months in a placement a participant has not been hired for an unsubsidized position, the placement shall be
terminated and the employer shall file a statement with the Department explaining its reason for not hiring the participant
in an unsubsidized position. At that time, the Department, or one of the Cooperating Agencies as the case may be, shall reassess
the participant's employability and determine an appropriate course of action such as whether to place the participant in
another private sector job, a workfare job, or a job training or educational program, another Program placement, or to sanction
the participant pursuant to its authority under § 1508 of this chapter and §§ 512 and 518 of this title.
(l) The Department and the Cooperating Agencies may provide the following types of services: Job readiness, job development,
job training and placement, job support, program evaluation, and other services incident to the operation of the Program,
and to that end, shall, to the extent such services may be provided more cost-effectively in such manner, subcontract for
such services with qualified public and private organizations.
70 Del. Laws, c. 66, § 2.;
§ 1506. Participant compensation and benefits.
(a) Participants shall receive the following benefits so long as they satisfactorily participate in the Program:
(1) Compensation for their work effort substantially equal to the wage paid for similar jobs in the local economy, with appropriate
adjustments for experience, training and productive effort;
(2) The EITC, with advancible portions paid as a part of the wage payment;
(3) Continuation of federal and state medical assistance benefits for which the participants was eligible at the time of entering
the Program;
(4) Child care benefits as may be necessary to permit participation in the Program;
(5) Job training and job search counseling as otherwise available under the JOBS program;
(6) Such portion of the child support payments collected by the Department as the Department determines, in addition to, and
not in lieu of, the payments for work provided in the Program;
(7) Accumulation of an earned Personal Advancement Account as provided for in § 1507 of this title.
(b) AFDC benefits shall be suspended for the duration of the placement at the end of the first calendar month in which an
employer makes the first wage payment to a participant who is a custodial parent in a family that receives AFDC program benefits.
(c) The Department shall also make supplemental payments to families for which the participant's wages, together with the
EITC, represent less spendable income than the value of the AFDC program benefits that the family would otherwise receive.
The supplemental payments shall be in amounts which when added to the amount of participant wages together with the EITC will
be equal to the value of the AFDC program benefits that the family would otherwise receive. The Department shall determine
and pay in advance supplemental payments to participants on a monthly basis as necessary to ensure equivalent net program
wages. Such supplemental payments shall not be subject to federal income taxes and social security contributions.
(d) The Department may provide life skills classes and opportunities for participants to achieve high school graduation equivalency
diplomas in conjunction with participation in the Program.
70 Del. Laws, c. 66, § 2.;
§ 1507. Personal Advancement Account.
(a) In accordance with rules adopted by the Department, each participant in the Program shall create a Personal Advancement
Account in the participant's name. The account may be held by the employer, by a bank, savings and loan association, or credit
union, or by another suitable organization approved by the Secretary. The account may be designed to take advantage of any
relevant federal or state tax exemption or tax deferral privileges. The account shall be the property of the participant but
shall not be subject attachment for judgments arising from causes antedating the establishment of the account, other than
obligations for child support.
(b) Beginning with the thirtieth day of each participant's employment with an employer and ending 6 months thereafter, in
addition to the participant's wage as defined in § 1506 of this title and at the same time that such wages are paid, the employer
shall pay into the participant's Personal Advancement Account, $1.00 for each participant hour worked, less any required deductions
for income tax withholding, FICA, and the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.].
(c) During the period specified in subsection (b) of this section, the participant may make withdrawals from the Account,
in accordance with rules adopted by the Department, for the following purposes:
(1) Tuition and charges for qualified education and training programs;
(2) Participation in a contributory benefit program offered by the employer, including but not limited to a medical savings
account;
(3) The purchase of tools, vehicles or equipment necessary to start the participant's business;
(4) The payment of medical expenses of the participant's family, not covered by insurance;
(5) Other approved expenditures made in response to emergencies or severe hardships.
(d) At the end of period specified in subsection (b) of this section, any balance in the Account shall inure to the participant's
benefit.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 66, § 2.;
§ 1508. Sanctions for refusal to participate.
Pursuant to its authority under §§ 512 and 518 of this title, the Department shall establish sanctions for participants who
fail to comply with the requirements of the Program.
70 Del. Laws, c. 66, § 2.;
§ 1509. Welfare Employment Committee.
(a) The Welfare Employment Committee (the "Committee") is established to assist the Department and the Cooperating Agencies
in placing AFDC recipients in unsubsidized private sector jobs, and to advise them on the policy, direction and implementation
of all of Delaware's welfare-to-work efforts, including the Program. The Committee shall operate in close cooperation with
the Delaware Workforce Investment Board (the "Board") and shall provide the Board with its advice with respect to the allocation
of job training and placement funds for implementation of the State's welfare-to-work efforts.
(b) The Committee shall have 7 members appointed by the Governor, who shall designate one member to serve as Chairperson at
the Governor's pleasure. At least 5 of those members shall be representatives of employers, 2 of the members shall be at large.
No more than 4 members may belong to the same political party.
(c) The initial appointees to the Committee shall serve until February 1, 1997. Three of the appointees who begin service
after February 1, 1997, shall have terms of 3 years, 2 shall have terms of 2 years, and 2 shall have terms of 1 year, as designated
by the Governor at the time of their appointment. Vacancies shall be filled for the duration of the unexpired term. Committee
members shall be eligible for reappointment.
(d) The Committee shall recruit employers for AFDC recipients. For that purpose and to assist the State in placing AFDC recipients
in private sector jobs, the Committee may hold public meetings and meet periodically with employers, AFDC recipients, and
relevant State agencies to remove barriers to the placement of public assistance recipients in private sector jobs and to
adapt State policies, including the Program, so as to better accomplish such placements.
(e) The Board shall include a section in its annual report prepared by the Committee regarding the status and implementation
of the State's efforts to place AFDC recipients in private sector jobs, including the Committee's recommendations for improvements
in such efforts.
70 Del. Laws, c. 66, § 2; 72 Del. Laws, c. 392, §§ 1-3.;
§ 1510. Annual report.
The Department shall submit an annual written report to the Governor and the General Assembly containing a full and complete
analysis of the operation of the Program, recommendations for the improvement of the Program, and an analysis of the cost
projections of the Program. If the analysis concludes that the Program is not likely to achieve or maintain long-term budget
neutrality, allowing for expected price inflation, the Department shall present a plan for the modification or termination
of the Program.