Statement of Vee Burke, Specialist in Income Maintenance,
Congressional Research Service, Library of Congress

Testimony Before the Subcommittee on Human Resources
of the House Committee on Ways and Means

Hearing on Welfare Reform and Work

April 3, 2001

My task today is to briefly review federal policies and programs that support needy families with children, with a focus on work provisions. Federal cash welfare has a long history, stretching back to the Great Depression. But work rules are much more recent. Over the years many policy changes have occurred. To whom should aid be given? Why? The most significant change has come in perceptions about work. Who can and should work? How can work effort be increased? Do jobs bring self-sufficiency?

History. Chart 1 summarizes the history of work provisions in the program of Aid to Families with Dependent Children (AFDC) and its 1996 successor, Temporary Assistance for Needy Families (TANF). It shows the progression from no work requirement in 1935 to no work exemption in 1996.

As the chart shows, it was not until 1971 that Congress explicitly required AFDC mothers to register for work and training. This action signaled that welfare mothers were no longer seen as outside the labor market, and it recognized the dramatic move of non-welfare mothers into jobs. It also reflected frustration with the size and character of AFDC rolls. By this time most children in the program had two living parents, but the father did not live at home.

The 1971 work registration requirement exempted mothers with a child under age 6. Congress lowered the child's threshold to age 3 (and permitted states to reduce it to age 1) in 1988, when it set up a more rigorous work and training program called Job Opportunities and Basic Skills training (JOBS). Finally, in creating TANF in 1996, Congress exempted no adult from work, but permitted states to exempt the parent of a child under one.

The Welfare "System" for Families. Along with TANF, many programs offer help to low-income parents who work or are able to work. Major programs can be classified in two groups with regard to work rules and work supports.

In the first group, which includes TANF, food stamps, and public housing, are programs that generally require work, training, or study in order to receive benefits. Table 1 shows their work requirements, rewards and penalties.

In the second group, which includes the Earned Income Tax Credit and the Child Care and Development Block Grant (CCDBG), are programs that do not usually require work, but that generally help only those who do work, train, or study. Table 2 shows what supports they provide.

Table 3 shows, state-by-state, potential income (wages, TANF, EITC, and food stamps) of a single parent with two children who works 40 hours weekly at the minimum wage for 1 year. As the table shows, the combination of earnings (net of social security payroll taxes) and food stamps slightly exceeds the 1999 poverty threshold for a three-person family in all states. Addition of EITC raises their income significantly. However, these families generally would remain "near-poor," and might be eligible for support services, including services funded by state TANF programs.

A word of caution. It should not be assumed that a given family receives all the potential benefits shown in Tables 1, 2, and 3. For example, only a minority of eligible families actually receive housing subsidies.

To sum up welfare/work policy, it can be said that the current trend is to treat most parents as potential workers and to support their work efforts. They are required to work and, increasingly, rewarded if they do. At the same time, many evaluations have found that even mandatory welfare-to-work programs that succeed in moving recipients to jobs often do not raise their overall income. Instead, they change the composition of income, increasing the share from earnings.

Chart 1. WORK AND AFDC/TANF: 1935-1996

Table 1. Work Provisions of Major Income-Tested Programs for Families with Children

Program Work requirement Work reward/support Work sanction Interaction with work provisions of other programs
TANF States must require a parent/caretaker who receives TANF to engage in work (as defined by the state) after a maximum of 24 months of ongoing cash aid.

 

States must achieve a certain work participation rate by adult recipients. To be counted as a work participant in determining the state's official work participation rate, the recipient must engage in 1 of 12 listed activities for an average of at least 30 hours weekly - fewer if caring for child under 6, more if in a two-parent family. (Note: The required work rate - 45% for families with an adult recipient in FY2001 - is lowered for caseload reductions from FY1995 levels not caused by changed eligibility rules.)

States set policy. In calculating benefits (and in determining initial eligibility) most states disregard a portion of earnings (one state ignores all earnings below the federal poverty guideline.). As a result of state variations in benefits and treatment of earnings, eligibility cutoffs for a single-parent family with two children after 4 months on a job range from $193 in gross earnings (Alabama) to $1,986 (Alaska). These cutoff limits (known as breakeven levels) exceed $1,000 monthly in 16 jurisdictions, but are below $700 in 18 jurisdictions.

Most state TANF programs offer transitional child care to families who take a job. For transitional Medicaid and food stamp rules, see below. Other TANF-funded transitional services include transportation and housing subsidies, job retention and skill enhancement services, and case management. Families may be eligible for these services until income reaches 150% to 250% of the poverty level.

States must reduce or end benefits for work refusal without good cause. For first work refusal, 19 states end all benefits until compliance or for a minimum period, ranging from 1 to 3 months.

States have options to reinforce TANF sanction through food stamp and Medicaid penalties. See below.

(Note: If a state does not sanction work refusal by a TANF adult, it itself is subject to a loss in TANF funding.)

Food stamp benefits can be merged with TANF benefits in programs of "work supplementation" (jobs subsidized with welfare benefits) and in workfare programs (in which recipients work in exchange for benefits).
Food stamps a. If an individual receives TANF, that program's work rules apply.

b. If an individual is not on TANF, food stamp work rules apply. In general, unemployed adults able to work who are not caring for a disabled dependent or a child under age 6 must fulfill state-established employment requirements, which can include working in exchange for the benefit (workfare), training, job search, education, or other activities. However, states may exempt any category of persons.

Federal law requires disregard of 20% of gross earnings in calculating benefits (but typically not in deciding eligibility). For a three-person family with earned income at the maximum income cutoff, the 20% disregard equals at least an extra $90 monthly.

When calculating benefits, money spent on dependent care related to work or training is disregarded; this disregard typically does not affect eligibility.

Waivers and recently issued (but not yet implemented) regulations allow states to "freeze" benefits for those with earnings (including those leaving TANF) for 3-6 months.

Within limits, states must provide support for participants in employment/training programs (e.g., transportation, child care).

However, virtually no federal dollars for this support may be used for TANF recipients, and no more than 20% may be used for other families with children.

Federal law bars other need-tested programs from counting food stamps as income.

a. Persons who are disqualified from TANF because of a work violation also are ineligible for food stamps. Food stamp benefits may not be increased because of a TANF cash penalty. Further, the state may cut the family's food stamp benefit by up to 25%. (Note: 13 states take this option.)

b. Persons failing to comply with food stamp work rules are ineligible for food stamps (for 1 to 6+ months, or permanently, depending on whether there have been previous violations). And states may disqualify a household (for up to 180 days) if the household head does not comply.

Food stamp eligibility is barred for persons who voluntarily quit a job or who substantially reduce work effort without good cause.

See TANF above.
Medicaid No work requirement. If a family loses TANF eligibility because of earnings (or hours of work), state must continue Medicaid for 12 months. During second 6 months, a premium may be charged, services may be limited, and an alternate delivery system may be used. (Also, federal law allows states to impose nominal cost-sharing charges on some recipients and services.) States may end Medicaid for adults who refuse TANF work requirements (but must continue Medicaid for the children).

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Section 8 low-income housing assistance No work requirement. No provision. No provision

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Low-rent public housing Residents must participate in an economic self sufficiency program or contribute 8 hours monthly of community service unless they are engaged in education or a work-related activity or are at least 62 years old. If family chooses an income-based rent and its income rises because of employment, the increased earnings are not to be used to determine its rental payment for 1 year; after 1 year, the rental increase is phased in over a 2-year period. Local housing authority may refuse to renew lease for failure to comply with the work requirement.

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Pell grants None. Grantees must maintain satisfactory progress in their undergraduate study. TANF, food stamps, and any other federal benefit program must disregard Pell grants when determining a student's eligibility or amount of aid.

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Undergraduate study does not count as a federal work activity under TANF.

Student parents generally are exempt from food stamp work rules.

Federal Work-Study (FWS) program Students must work part-time. Earnings under the program are limited to the student's need.

TANF, food stamps, and any other federal benefit program must disregard FWS wages when determining a student's eligibility or amount of aid.

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Undergraduate study does not count as a federal work activity under TANF.

Student parents generally are exempt from food stamp work requirements.

Supplemental Security Income (SSI) (disabled caretaker/parent) No work requirement, but persons must participate in rehabilitation services if they appear likely to benefit. A portion of earnings ($85 monthly plus one-half of the rest) is disregarded in calculating benefits. Special SSI cash benefits are paid to those with earnings above the normal income cutoff level ($740 monthly in counted earnings). Some groups who lose SSI because of earnings continue to be eligible for Medicaid coverage. Persons with Plans for Achieving Self Support (PASS) can set aside earned/unearned income for a work goal without having it affect their eligibility. SSI benefits are suspended until compliance.

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Table 2. Work Supports in Some Other Major Programs for Families with Children
Program Required activity Work support Income test? Interaction with other benefits
Earned Income Tax Credita To qualify must have earnings. Credit equals 34% of earnings up to $7,140 in earnings for one child (maximum credit, $2,428); and 40% of earnings up to $10,020 in earnings for more than one child (maximum credit, $4,008). Credits begin to phase out at income above $13,090. They end at $28,281 (one child) and $32,121 (more than 1 child). Credit is refundable-amount that exceeds income tax liability is paid as a check from the U.S. Treasury. Yes By law, EITC payments must be disregarded as income and (for 2 months) as an asset by Supplemental Security Income (SSI), food stamps, Medicaid, and low-income housing programs. States decide treatment of EITC under TANF. Forty-seven states have adopted the above rules for TANF. One state disregards EITC altogether. Food stamp disregards EITC as income and, for 1 year, as an asset.

EITC is not granted for participation by TANF recipients in work experience or community service projects.

Child Care and Development Block Grant To qualify, parent must work or engage in school or training (or child must be in need of protective services) Subsidized child care. Federal law requires parental cost-sharing, with amount of copayment based on income and family size. However, state may waive copayment for families below a state-defined "poverty" level. Yes

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Nutrition programs for children in day care or after-school programs Most children in these programs have working parents. Federally subsidized meals and snacks, including free or reduced-price meals and snacks for needy children. Yes - Most often benefits take the form of free meals and snacks for children in low-income school areas. Where eligibility is individually determined, receipt of TANF or food stamps may automatically qualify the child for free meals/snacks.
Adult training, Workforce Investment Act (WIA) To qualify for training services, parent must be unemployed or employed, but need training services that lead to "self sufficiency" defined as at least the Lower Living Standard Income Level (which ranges from $24,510 to $29,390 yearly for a family of four in the 48 contiguous states). Training services include occupational skills training, on-the-job training, entrepreneurial training, skill upgrading, job readiness training, and adult education and literacy activities in conjunction with other training. "Followup" services must be offered for at least 12 months to persons placed in unsubsidized jobs. Localities may offer supportive services (such as transportation, dependent care, housing) to persons unable to obtain them through other programs. Yes, families with income above "self sufficiency" levels established by states are ineligible. Locality must give priority to recipients of TANF, SSI, General Assistance, refugee cash assistance and other low-income persons for intensive services when funds are limited.

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Social Services Block Grant None States decide what groups to serve, and how. In FY1998, 9.5% of funds were used for child day care. State option. However, any TANF funds transferred to SSBG may be used only for children and families whose income is below 200% of federal poverty guideline.

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State-Childrens' Health Insurance Program (S-CHIP) None Subsidized health insurance for children Yes, eligibility limits are established by states within federal guidelines S-CHIP is not available to families eligible for Medicaid

aFifteen jurisdictions supplement the federal EITC with state earned income tax credits (generally calculated as a percentage of the federal EITC). Ten states have refundable credits (Colorado, the District of Columbia, Kansas, Maryland, Massachusetts, Minnesota, New Jersey, New York, Vermont, and Wisconsin); five have non-refundable credits (Illinois, Iowa, Maine, Oregon, and Rhode Island). Guam and the Virgin Islands have territorial tax systems that mirror the Internal Revenue Code, including EITC (however, revenues foregone and refunds paid because of their EITC affect their own territorial treasuries, not the U.S. Treasury).

Table 3. Earnings and Selected Major Benefits for a Single Parent with Two Children, Working 40 Hours Weekly at Minimum Wage for One Year(as of July 2000)

  As a percent of the 1999 poverty threshold
State Neta earnings EITCb TANF Food stampsc TOTAL Net earnings EITC TANF Food stamps TOTAL
Alabama 9893 3888 492 1773 16046 73.7 29.0 3.7 13.2 119.5
Alaska 10853 3888 6831 0 21572 80.9 29.0 50.9 0.0 160.7
Arizona 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Arkansas 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
California 11045 3888 2882 756 18571 82.3 29.0 21.5 5.6 138.4
Colorado 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Connecticutd 11813 3867 7632 2208 25520 88.0 28.8 56.9 16.4 190.1
Delaware 10853 3888 588 1504 16833 80.9 29.0 4.4 11.2 125.4
Dist. of Col. 11813 3867 0 1428 17108 88.0 28.8 0.0 10.6 127.5
Florida 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Georgia 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Hawaii - Exempt 10085 3888 4489 2784 21246 75.1 29.0 33.4 20.7 158.3
Hawaii - Non-Exempt 10085 3888 2785 3300 20058 75.1 29.0 20.7 24.6 149.4
Idaho 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Illinois 9893 3888 953 1644 16378 73.7 29.0 7.1 12.2 122.0
Indiana 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Iowa 9893 3888 827 1680 16288 73.7 29.0 6.2 12.5 121.3
Kansas 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Kentucky 9893 3888 524 1764 16069 73.7 29.0 3.9 13.1 119.7
Louisiana 9893 3888 1440 1488 16709 73.7 29.0 10.7 11.1 124.5
Maine 9893 3888 2444 1188 17413 73.7 29.0 18.2 8.9 129.7
Maryland 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Massachusetts - Exempt 11525 3888 2124 864 18401 85.9 29.0 15.8 6.4 137.1
Massachusetts - Non-Exempt 11525 3888 1944 912 18269 85.9 29.0 14.5 6.8 136.1
Michigan - Washtenaw County 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Michigan - Wayne County 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Minnesota 9893 3888 691 3084 17555 73.7 29.0 5.1 23.0 130.8
Mississippi 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Missouri 9893 3888 1013 1620 16414 73.7 29.0 7.5 12.1 122.3
Montana 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Nebraska 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Nevada 9893 3888 1044 1608 16433 73.7 29.0 7.8 12.0 122.4
New Hampshire 9893 3888 1844 1368 16993 73.7 29.0 13.7 10.2 126.6
New Jersey 9893 3888 424 1793 15998 73.7 29.0 3.2 13.4 119.2
New Mexico 9893 3888 253 1848 15882 73.7 29.0 1.9 13.8 118.3
New York - New York City 9893 3888 1813 1380 16974 73.7 29.0 13.5 10.3 126.5
New York - Suffolk County 9893 3888 3325 924 18030 73.7 29.0 24.8 6.9 134.3
North Carolina 9893 3888 816 1677 16274 73.7 29.0 6.1 12.5 121.2
North Dakota 9893 3888 1200 1566 16547 73.7 29.0 8.9 11.7 123.3
Ohio 9893 3888 620 1740 16141 73.7 29.0 4.6 13.0 120.2
Oklahoma 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Oregon 12486 3713 0 1248 17447 93.0 27.7 0.0 9.3 130.0
Pennsylvania 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Rhode Island 10853 3888 1792 1140 17673 80.9 29.0 13.4 8.5 131.7
South Carolina 9893 3888 185 1868 15834 73.7 29.0 1.4 13.9 118.0
South Dakota 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Tennessee 9893 3888 676 1728 16185 73.7 29.0 5.0 12.9 120.6
Texas 9893 3888 495 1772 16047 73.7 29.0 3.7 13.2 119.6
Utah 9893 3888 656 1728 16165 73.7 29.0 4.9 12.9 120.4
Vermont 11045 3888 494 1480 16907 82.3 29.0 3.7 11.0 126.0
Virginia 9893 3888 4668 528 18977 73.7 29.0 34.8 3.9 141.4
Washington 12486 3713 0 1248 17447 93.0 27.7 0.0 9.3 130.0
West Virginia 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Wisconsin - Community Service 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0
Wisconsin - W2 Transitione n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a
Wyoming 9893 3888 0 1920 15701 73.7 29.0 0.0 14.3 117.0

Source: Table first appeared in CRS Report RL30579, Welfare Reform: Financial Eligibility Rules and Cash Assistance Amounts under TANF and was prepared by the Congressional Research Service (CRS) based on a survey of the states.

Note: Puerto Rico is omitted from this table. It is not covered by the federal income tax and has no EITC. A full-time minimum wage worker in Puerto Rico would be ineligible for TANF.

aEarnings net of social security payroll taxes.

bEITC amounts are based on tax year 2000 credit levels. Colorado, the District of Columbia, Kansas, Maryland, Massachusetts, Minnesota, New Jersey, New York, Vermont and Wisconsin have their own refundable earned income tax credits (generally calculated as a percentage of the federal EITC) but they are not shown in this table. Five states have nonrefundable credits (Illinois, Iowa, Maine, Oregon and Rhode Island).

cFood stamp benefits are calculated using the standard deduction and the 20% earnings deduction, but not the excess shelter deduction.

dConnecticut disregards all earnings below the poverty threshold in calculating both TANF and food stamp benefits.

ePersons with jobs are not eligible for the Wisconsin program of transitional aid.