The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

1. (1) Applicant--An adult, or teen head of household, in a family who applies for Temporary Assistance for Needy Families (TANF) cash assistance, who previously did not leave TANF in a sanctioned status.
2. (2) Choices eligible--An individual eligible to receive Choices services including an adult or teen head of household who is an applicant, conditional applicant, recipient, nonrecipient parent, former recipient, or sanctioned family as defined in this chapter.

3. (3) Choices participant--A Choices eligible participating in or outreached for Choices services, including:

   1. (A) Exempt Choices participant--A Choices eligible who is not required under Texas Human Resources Code, Chapter 31 or Texas Health and Human Services Commission (HHSC) rules (1 TAC, Chapter 372, Texas Works) to participate in Choices services, but who may voluntarily participate in Choices services.
   2. (B) Mandatory Choices participant--A Choices eligible who is required under Texas Human Resources Code, Chapter 31 or HHSC rules (1 TAC, Chapter 372, Texas Works) to participate in Choices services.
4. (4) Conditional applicant--An adult or teen head of household who left TANF in a sanctioned status, but who is reapplying for TANF cash assistance.
5. (5) Earned Income Deduction (EID)--A standard work-related and income deduction, available for four months through HHSC.
6. (6) Extended TANF recipient--A recipient who receives TANF cash assistance past the 60-month federal time limit because of a hardship exemption as defined in Texas Human Resources Code, Chapter 31 and HHSC rules (1 TAC, Chapter 372, Texas Works).
7. (7) Former recipient--An adult or teen head of household who no longer receives TANF cash assistance because of employment.
8. (8) HHSC--Texas Health and Human Services Commission.

9. (9) Nonrecipient parent--Adults or minor heads of household not receiving TANF cash assistance, but living with their own children who are receiving TANF cash assistance. Nonrecipient parents include parents who are not eligible for TANF cash assistance:

   1. (A) due to a disqualification by the Texas Health and Human Services Commission. These disqualifications include parents who:

      1. (i) refuse to comply with Medicaid third-party resource requirements;
      2. (ii) do not comply with Social Security number requirements;
      3. (iii) are found guilty of an intentional program violation;
      4. (iv) fail to report the temporary absence of a certified child;
      5. (v) are fugitives fleeing to avoid prosecution of, or confinement for, a felony criminal conviction, or are found by a court to be violating federal or state probation or parole;
      6. (vi) are convicted of a felony drug offense (not deferred adjudication) committed on or after April 1, 2002; or
      7. (vii) refuse to cooperate with the program integrity assessment process;
   2. (B) because they are receiving Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI); or
   3. (C) because they have exhausted their TANF state time limit.
10. (10) PRWORA--The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105, as amended.
11. (11) Recipient--An adult or teen head of household who receives TANF cash assistance.
12. (12) Sanctioned family--An adult or teen head of household who must demonstrate cooperation for one month in order to reinstate TANF cash assistance.
13. (13) Secondary school--Educational activities including middle school, high school leading to a high school diploma, or classes leading to the completion of a General Educational Development (GED) credential.
14. (14) TANF cash assistance--The cash grant provided through HHSC to individuals who meet certain residency, income, and resource criteria as provided under federal and state statutes and regulations, including the PRWORA, the TANF block grant statutes, the TANF State Plan, TANF cash assistance provided under Texas Human Resources Code, Chapters 31 and 34, and other related regulations.
15. (15) Work-based services--Includes those employment programs defined in Texas Human Resources Code §31.0126.

16. (16) Work eligible individual--Work eligible individuals are adults or minor heads of household receiving TANF cash assistance, and nonrecipient parents--with the following exceptions:

    1. (A) Noncitizens who are ineligible to receive cash assistance because of their immigration status;
    2. (B) Parents caring for a disabled family member who lives in the home (provided the need for such care is supported by medical documentation), on a case-by-case basis; and
    3. (C) Recipients of SSI or SSDI, on a case-by-case basis.
17. (17) Work ready--A Choices eligible is considered work ready if he or she has the skills that are required by employers in the local workforce development area. A Board must ensure immediate access to the labor market to determine whether the Choices eligible has those necessary skills to obtain employment.

18. (18) Work requirement--For the purposes of 42 U.S.C. §607 and 45 C.F.R. §261.10, a Choices eligible is deemed to be engaged in work by cooperating with:

    1. (A) all requirements set forth in the family employment plan, as described in this chapter; and
    2. (B) all TANF core and non-core activities, as set forth in this chapter.

Source Note:The provisions of this §811.2 adopted to be effective November 18, 2003, 28 TexReg 10261; amended to be effective February 26, 2007, 32 TexReg 906; amended to be effective September 29, 2008, 33 TexReg 8192.