Department of Human Services: Chapter 1: Sections 1.8 thru 1.8.1
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IMA POLICY MANUAL
PART V:  PROGRAM REQUIREMENTS AND SANCTIONS
 
CHAPTER 1:  WORK REQUIREMENTS
 
SANCTIONS FOR NON-COMPLIANCE WITH WORK ACTIVITIES WITHOUT GOOD CAUSE  1.8
 
TANF
A non-exempt TANF recipient who fails to comply with work requirements, including applicant job search/job clubs (see Section 3.9:  Job Clubs in Part VIII), without good cause will be sanctioned.  The noncompliant applicant/recipient will be disqualified from the unit resulting in a reduced grant being provided to the group.  The sanction will remain in place for a minimum sanction period or until s/he complies with program requirements, whichever is later.  If an applicant fails to comply, the application will continue to be processed but the noncompliant individual will be disqualified from the unit.
 
If the SSR receives a request for sanction, but has evidence that the recipient is exempt, no sanction should be imposed.  If the recipient reports prior to the effective date of sanction  that a medical condition expected to last more than one month prevented participation in work activities, the sanction should not be imposed.  The recipient should be told to submit a medical report for determination of eligibility for POWER, and granted a 90-day exemption.
 
If a noncompliant recipient becomes exempt, the SSR must lift the sanction for the month after the exemption is confirmed. If confirmation of the exemption is delayed due to timely provision of verifications from the recipient, or untimely action by the agency, an underpayment should be given for the period beginning the month after the agency received information about the exemption, and ending the date the sanction was lifted.
 
The noncompliant individual is disqualified from the unit for the following periods of time:
Violation Period for Removal of Needs
1st
1 month or until
compliance, whichever is later
 
2nd
3 months or until
compliance, whichever is later
 
3rd
and subsequent
violations
6 months or until
compliance, whichever is later
Compliance is evidenced by the applicant/recipient engaging in the required activity.  Applicant/recipients must meet the weekly participation requirement for one week to be considered in compliance. If a sanction ends because the applicant/recipient complies with the program requirements, the applicant/recipient shall not receive TANF benefits for the remainder of the month in which the individual began complying with program requirements.  Provided the minimum sanction period has expired, s/he shall begin receiving benefits (that is, will be included in the unit) in the following month and shall receive benefits in subsequent months as long as the applicant/recipient remains in compliance.
 
If an applicant/recipient is found to be exempt from initial job readiness and job search requirements, s/he shall not be sanctioned for failure to comply.
 
If an applicant/recipient failed to comply with work requirements during a prior period of benefit receipt, that sanction "counts" when determining whether a future act of noncompliance constitutes a 1st, 2nd or 3rd sanction ( i.e., a subsequent act of noncompliance).
 
If a TANF case under sanction is closed for any reason and the group subsequently reapplies, the previous sanction will not be applied at re-application.  If the applicant group is otherwise determined eligible to receive benefits, they will be approved and no sanction will be applied.  However, if the group subsequently fails to comply without good cause, it will be sanctioned again.  Since the sanction periods increase for subsequent acts of noncompliance with work requirements, this new noncompliance will result in the imposition of a longer penalty, unless the sanctioned person has already reached the highest level of sanction which is 6 months or until compliance, whichever is later.   
Example
Ms. Sayer and her two children receive TANF.  In January, Ms. Sayer is disqualified for failing to comply with work requirements.  This was her first sanction.  In June, the Sayer's case is closed.  If Ms. Sayer reapplies and is eligible, she will not be disqualified unless she fails to comply with a requirement subsequent to her new application being filed.  Suppose she is found eligible in October and in November she fails to comply with work requirements.  Ms. Sayer would again be disqualified and the minimum sanction period would be three months.
The dollar amount of the TANF sanction is treated as unearned income in the Food Stamp Program to ensure that Food Stamp benefits do not increase as a result of a TANF sanction.
 
If a TANF case is terminated for failing to comply with a TANF work requirement, the entire TANF grant must continue to be counted as unearned income for the Food Stamp program to ensure that Food Stamp benefits do not increase as the result of the TANF termination. This income must be counted until any of the following occurs:
  • The sanctioned person reapplies for TANF and is approved, since a previous TANF sanction cannot be applied at re-application (See Part V, Section 1.8: Sanctions for Non-Compliance with Work Activities Without Good Cause),
  • The agency becomes aware that the PI has become ineligible for TANF for a reason unrelated to the sanction, or
  • The TANF income has been counted for one year as unearned income for Food Stamps.
      
Example 1
Mr. Lawrence receives TANF for herself only and Food Stamps for herself and her child. Her only child receives SSI. Ms. Lawrence is not needed in the home to care for her child. She does not comply with work requirements and a TANF sanction is recommended. Her TANF benefits are terminated for this reason. The amount of the TANF grant must continue to be counted as unearned income for the Food Stamp Program. Unless Ms. Lawrence reapplies for TANF and is approved, or the agency determines that she later becomes ineligible for TANF for a reason other than the TANF sanction, the TANF benefit will continue to be counted as income for Food Stamps for one year following the termination of the TANF benefit.

Example2
Ms. Capel receives TANF for herself only, and Food Stamps for herself and one child. Her only child receives SSI. Ms. Capel is sanctioned for not participating in required work activities and her TANF is terminated effective April 1. The amount of her TANF benefit continues to be counted towards Food Stamps. Ms. Capel recertifies for Food Stamps in July. The caseworker notes that Ms. Capel's SSI child turned 18 in June and will not graduate before the child turns 19. Since Ms. Capel would no longer qualify for TANF, the amount of her TANF sanction is no longer countable for Food Stamps. The caseworker deletes the TANF sanction income for the new certification period.
 
 
Any applicant/recipient who is exempt from work participation may voluntarily participate.  If s/he volunteers and then fails to participate without good cause and for a reason unrelated to his/her qualification for an exemption, the individual is subject to sanction.
 
FS
If an individual member of the group or the head of the group refuses to work register, fails to comply with FSET requirements, or fails to accept a bona fide offer of employment, the noncompliant person is made ineligible for FS until s/he completes the appropriate disqualification period.  The disqualification periods are listed in the table below.  The sanction is lifted at the end of the disqualification period, regardless of whether the individual is complying with program requirements.
Violation      Period for Removal of Needs
1st
2 months
 
2nd
3 months
 
3rd
6 months
All otherwise countable income and assets of the sanctioned member are considered available to the remaining group, but the size of the group is reduced when determining the group's benefit level. 
 
In cases in which the FS case closes when an individual fails to comply with FSET requirements -- such as will occur when a person in a one-person FS household fails to comply with FSET -- the individual must reapply for FS in order to begin receiving benefits after the sanction period has ended.  In cases in which the case in not closed because the noncompliant individual is part of a larger FS group, the SSR must add the disqualified individual back into the FS unit when the sanction period ends.
 
If any group member who failed to comply joins another group, s/he is ineligible for the remainder of his/her disqualification period.
 
If the non-compliant person is found to be exempt, the sanction may be lifted during the disqualification period.  If the group continued to receive benefits during the disqualification period, the newly exempt group member should be added to the group for the month after s/he was found exempt.  If the FS case was closed when the sanction was imposed, the newly exempt individual must re-apply.  If otherwise eligible, benefits will begin effective the date of re-application.
 
 
 
Notice of Adverse Action for Non-Compliance with Work Requirements Without Good Cause 1.8.1
 
TANF
If an applicant/recipient is noncompliant without good cause a notice of adverse action is sent (see Chapter 10:  Notice of Adverse Action in Part VIII).  No adverse action can be applied in fewer than 15 days.  If the applicant/recipient complies before the effective date of the adverse action, no sanction is imposed.  If the notice is sent when at least 15 days remain in the month and the applicant/recipient does not come into compliance prior to the end of the month, the sanction will begin the first day of the next month.  If the notice is sent when there are fewer than 15 days remaining  in the month and the individual does not come into compliance, full benefits will continue to be paid for the  next  month, and the sanction will be applied in the second month following the month in which the notice was sent (see Section 10.3:  Time Standard for Issuance of Notice of Adverse Action in Part VIII).
Example
On April 3rd, Mr. Dewey refused to participate in a TANF  job search activity.  Upon receipt of this information, the SSR sent out a TANF notice of adverse action dated April 5th.  Mr. Dewey did not come into compliance before April 30.  Mr. Dewey's needs were removed for the May 1 issuance.
Example
On September 20th, Ms. Colton refused a bona fide job offer.  Since Ms. Colton offered no good reason for refusing the job, the SSR sent  Ms. Colton a notice of adverse action which was dated September 25th.  Because there were fewer than 15 days  left in September from the date of the adverse action notification, full benefits continued to be paid to Ms. Colton in October.  Ms. Colton did not come into compliance by the end of October.  Her sanction period, therefore,  began on November 1st.  Since this is Ms. Colton's second sanction, it will last three months, or until compliance with program activities, whichever is later.
FS
 
Within 15 days of determination by the FSET program that a group member is noncompliant with work requirements, the FSET will provide the group with notification of the unapproved absence or noncompliance and the requirement that the group contact FSET within the following ten days.  If there is no contact or the individual neither establishes good cause nor comes into compliance, the FSET program will forward notification of noncompliance to the SSR.
 
Upon receipt of notification that an act of noncompliance has occurred without good cause, the group will be provided with a notice of adverse action.  The notice of adverse action must be specific to the applicant/recipient and include the particular act of noncompliance committed, the proposed period of ineligibility, and the action(s) which must be taken to end or avoid disqualification or other sanctions. 
 
The notice of adverse action must be sent even if the case was closed for other reasons.  If the case was closed for other reasons and the group reapplies within the sanction period, the sanction will be imposed.  The start date of the sanction period cannot begin prior to 15 days from the date the adverse action notice was sent. 
 
 
 
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