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15 States can simplify this process and minimize or eliminate issuance delays by immediately assigning applicants and recipients who have reached the time limit to employment and training activities. In many cases, it may be possible for an applicant or recipient to perform sufficient workfare to earn his or her monthly benefits within three days (see below); in states with staggered issuance cycles, this could permit a recipient to receive food stamps on his or her normal issuance day. In addition, many applicants who are promptly assigned to workfare or other programs may be able to work off a month's benefits - or even to perform 80 hours in a non-workfare employment and training program - before the food stamp office has been able to complete action on his or her application. Prompt assignment to employment and training programs, particularly workfare, may make it unnecessary to hold an application pending. The new legislation eliminates the rules that previously limited states' ability to assign applicants to employment and training programs. IV. Waivers Due to Unemployment or Insufficient Jobs A. Grounds for Waivers of the Time Limit The legislation allows states to receive waivers under either of two separate cir- cumstances. First, waivers are allowed if the unemployment rate in an area exceeds 10 percent.⁴⁰ Second, waivers may be granted for persons who would otherwise be subject to the time limit if "the area in which the individuals reside does not have a sufficient number of jobs to provide employment for the individuals. "41 Because few areas currently have unemployment rates over 10 percent, the "insufficient jobs" criteria is by far the more important. For a waiver to go into force, it must be requested by a state and approved by USDA. The law does not limit the discretion of states and USDA in defining what is an "area." Clearly an area need not be an entire state. Counties, cities and towns could be areas. So can could groups of cities and towns or depressed rural parts of a county outside of cities with strong job markets. Areas may be defined in other ways as well: for example, an Indian reservation with high unemployment could be considered an area with insufficient jobs even if its borders cross county lines. In practice, states and USDA are likely to use a rule of reason in defining the areas for which waivers are sought and granted. The Bureau of Labor Statistics (BLS) of the U.S. Department of Labor (DOL) collects monthly data on the labor force, the numbers of workers employed and unemployed, and the unemployment rates for every state and county, for all cities and towns of more than 25,000, and 407 U.S.C. § 2015(o)(4)(A)(i), as added by Pub. L. 104-193, § 824(a). 417 U.S.C. § 2015(o)(4)(A)(ii), as added by Pub. L. 104-193, § 824(a).

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    "ocrText": "15\nStates can simplify this process and minimize or eliminate issuance delays by immediately\nassigning applicants and recipients who have reached the time limit to employment and training\nactivities. In many cases, it may be possible for an applicant or recipient to perform sufficient\nworkfare to earn his or her monthly benefits within three days (see below); in states with\nstaggered issuance cycles, this could permit a recipient to receive food stamps on his or her\nnormal issuance day. In addition, many applicants who are promptly assigned to workfare or\nother programs may be able to work off a month's benefits - or even to perform 80 hours in a\nnon-workfare employment and training program - before the food stamp office has been able to\ncomplete action on his or her application. Prompt assignment to employment and training\nprograms, particularly workfare, may make it unnecessary to hold an application pending. The\nnew legislation eliminates the rules that previously limited states' ability to assign applicants to\nemployment and training programs.\nIV.\nWaivers Due to Unemployment or Insufficient Jobs\nA.\nGrounds for Waivers of the Time Limit\nThe legislation allows states to receive waivers under either of two separate cir-\ncumstances. First, waivers are allowed if the unemployment rate in an area exceeds 10 percent.⁴⁰\nSecond, waivers may be granted for persons who would otherwise be subject to the time limit if\n\"the area in which the individuals reside does not have a sufficient number of jobs to provide\nemployment for the individuals. \"41 Because few areas currently have unemployment rates over 10\npercent, the \"insufficient jobs\" criteria is by far the more important. For a waiver to go into force,\nit must be requested by a state and approved by USDA.\nThe law does not limit the discretion of states and USDA in defining what is an \"area.\"\nClearly an area need not be an entire state. Counties, cities and towns could be areas. So can\ncould groups of cities and towns or depressed rural parts of a county outside of cities with strong\njob markets. Areas may be defined in other ways as well: for example, an Indian reservation with\nhigh unemployment could be considered an area with insufficient jobs even if its borders cross\ncounty lines. In practice, states and USDA are likely to use a rule of reason in defining the areas\nfor which waivers are sought and granted.\nThe Bureau of Labor Statistics (BLS) of the U.S. Department of Labor (DOL) collects\nmonthly data on the labor force, the numbers of workers employed and unemployed, and the\nunemployment rates for every state and county, for all cities and towns of more than 25,000, and\n407 U.S.C. § 2015(o)(4)(A)(i), as added by Pub. L. 104-193, § 824(a).\n417 U.S.C. § 2015(o)(4)(A)(ii), as added by Pub. L. 104-193, § 824(a)."
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