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DE DSS - Unemployability Standard

"Unemployability" is considered by the Division of Social Services (DSS) as the inability to work for at least the minimum wage, or inability to work either because you are caring for a disabled family member or because you are physically or mentally disabled.

An "unemployable" individual cannot participate in employment or activities necessary to seek and obtain employment, (e.g., job search, job training, job readiness, etc.). The determination and duration of unemployability are made by a health care professional.

NOTE: If you have been determined "unemployable" by a health care professional, but you engage in paid work activities against medical advice, you still meet the Unemployability Standard. Your earnings will count toward determining your General Assistance (GA) Income-Eligibility and GA Grant Amount.

Unemployability

An adult is unemployable and therefore technically eligible for General Assistance (GA) when the adult is:

·      Ill or incapacitated, and unable to perform work activities; or

NOTE: Any individual whose incapacity is expected to last more than 12 months is referred to the Social Security Administration (SSA) to determine eligibility for Supplemental Security Income (SSI) and/or Social Security Disability Income (SSDI).

·      For a period not to exceed two (2) months, a person whose disability benefits under SSI or SSDI have ended and who is appealing the decision; or

·      Needed at home to care for another household member who is ill or incapacitated; or

·      Needed at home to care for a child under age six because there is no other person able to care for the child; or

·      Age 55 or over; or

·      For a period not to exceed two years, a high school student who attends school at least 15 hours per week and whose educational needs make him/her unavailable for regular employment.

Married or unmarried couples who have no children living with them must both be unemployable in order for both partners to receive public assistance.

Employability

Employability, on the other hand, is defined as the ability to engage in activities necessary to acquire and retain a job, at a wage level at least equal to the minimum wage; an employable person is physically and mentally able to participate in employment or activities necessary to seek and obtain employment, e.g. job search, job training, job readiness, etc. While an individual is employable the receipt of benefits is time-limited.

NOTE: Periods of unemployability are not counted toward the cumulative months of benefit eligibility under time-limited programs.

See also:

DE GA - Financial Eligibility

DE TANF - Financial Eligibility

DE DSS - Application Procedures

DE DSS - Change Reporting Requirements

DE DSS - Contact Information

Source:

DSS Policy Manual (Sect. 3019)

Back to:

DE General Assistance Overview

DE Division of Social Services - Overview

DE Benefit Information System Overview

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