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SANCTIONS FOR FAILURE TO COMPLY - CASH

ISSUE DATE: 12/2014

MFIP:
For information on child support sanctions when the participant is not also sanctioned for another reason, see 0012.24 (Child Support Sanctions). For information on drug felony sanctions, see 0011.27.03 (Drug Felons). For information on post 60-month sanctions, see 0028.30.04 (Post 60-Month Empl. Services Sanctions). For information on MFIP sanctions for refusing or terminating suitable employment, see 0028.30.09 (Refusing or Terminating Employment). Also see 0028.18 (Good Cause for Non-Compliance--MFIP/DWP), 0028.30.12 (Sanction Notice for Minor Caregiver).

UNLESS THERE IS GOOD CAUSE, consider a participant out of compliance with the requirements of MFIP Employment Services if they fail to:

Attend a financial orientation.

OR

Attend the overview.

OR

Conduct the required job search.

OR

Cooperate in the development of an Employment Plan.

OR

Comply with or make satisfactory progress in the activities specified in the Employment Plan. The Employment Plan must clearly specify the criteria for satisfactory progress.

OR

Accept or terminates suitable employment.

OR

Meet school attendance requirements.


Do not sanction a Family Stabilization Services (FSS) participant unless all FSS pre-sanction provisions have been met. See Employment Services Manual Appendix H (FSS Sanction Guidance).


Do not impose a sanction when the participant comes into compliance BEFORE the effective date of the sanction for failure to:

Attend financial orientation.

OR

Comply with child support requirements. See 0012.24 (Child Support Sanctions).



Do NOT continue a sanction that was imposed in a previous state. Sanctions do not follow from state to state.

In addition, apply the process below for any EMPLOYMENT-RELATED sanction:

1.

The job counselor must send participants the MFIP Notice of Intent to Sanction (DHS-3175) (PDF) and tell them they may request a conciliation conference. Your agency’s Employment Services Provider (ESP) must conduct the conference within 5 days of the request. Participants may request a fair hearing when they get a Notice of Intent to Sanction without exercising the option of a conciliation conference.

2.

If a participant does not request a conciliation conference within 10 calendar days of the mailing of the Notice of Intent to Sanction, the job counselor will send a DWP/MFIP Status Update Form (DHS-3165) (PDF). When you get the Status Update Form, send the caregiver a Notice of Adverse Action (NOAA).

3.

Apply the sanction to the grant for the 1st possible month after the determination of non-compliance, following 10-day notice requirements. Notify the job counselor of the effective date of sanction.

4.

The caregiver may request a fair hearing upon getting the NOAA. See 0027 (Appeals). If the caregiver files an appeal within 10 days after the date of the NOAA, follow the provisions of 0027.15 (Continuation of Benefits).

5.

Lift the sanction in the month after the month the caregiver complies with the MFIP-ES requirement provided the grant reduction has been in effect for a minimum of 1 month. The job counselor will send you a Status Update Form to tell you to remove the sanction. If the grant was vendor paid as a result of the sanction, continue vendor payment for 6 months after the month in which the participant returns to compliance.


Do not impose a sanction when a participant complies with MFIP-ES requirements ON OR BEFORE 10 days prior to the effective date of the sanction.

Participants may cure an MFIP-ES sanction by complying with the MFIP-ES requirements as outlined below:


FOR THE 1ST OCCURRENCE OF NON-COMPLIANCE


The sanction can be cured ON OR BEFORE 10 days prior to the EFFECTIVE date of the sanction. When a sanction has been imposed, it must be in effect for a minimum of 1 month and you may remove it in the month after the month the participant comes into compliance.


FOR THE 2ND OCCURRENCE OF NON-COMPLIANCE


The sanction can be cured ON OR BEFORE 10 days prior to the effective date of the sanction. When the participant comes into compliance AFTER the 10-day cure time period has passed, remove the sanction the month after the month the participant comes into compliance.


3RD THROUGH 6TH OCCURRENCES OF NON-COMPLIANCE


When the 30% sanction has been imposed for 1 month, ALL subsequent consecutive months in which a 10-day notice is not required may be cured up to the day prior to the effective date of the sanction. When subsequent months are not consecutive, a notice of adverse action is sent out and the sanction must be cured ON OR BEFORE 10 days prior to the EFFECTIVE date of the sanction.


7TH OCCURRENCE OF NON-COMPLIANCE (100% SANCTION - MONTH OF CLOSURE)


The sanction can be cured ON OR BEFORE 10 days prior to the EFFECTIVE date of the sanction (case closure) unless good cause is granted or pre-employment activities are found to exist.

For a relative caregiver case, in which the eligible relative caregiver has opted to be included in the MFIP grant, and the caregiver has reached the 7th occurrence sanction limit, MFIP should remain open for the relative care child. For MAXIS instructions, see POLI/TEMP TE17.13 (7th Occurrence Sanction - Relative Caregiver).

Also, see TE20.07 (Reapply After 7th Occur. Sanction Examples) for a list of case examples with information on regaining eligibility after a 7th occurrence of non-compliance (100% sanction case closure).


When a case has been closed, and you then reinstate or reopen it, apply the following procedures:


CLOSED FOR LESS THAN A CALENDAR MONTH


If the sanction was already in effect prior to closing, the sanction remains in place.

If the notice of adverse action was sent to the client prior to the case closing, impose the sanction immediately.

If the notice was not sent prior to closing, send the notice when the case opens. Impose the sanction for the 1st of the month for which you are able to give 10 days notice.


CLOSED FOR MORE THAN A CALENDAR MONTH DUE TO NON COMPLIANCE WITH EMPLOYMENT SERVICES WITH A NEW APPLICATION AND PROSPECTIVE BUDGETING


The client must demonstrate compliance with ES requirements for up to 1 month before reopening the case. Reopen from the date of compliance. If you approve a new application and the client again fails to cooperate, send the appropriate notices.


CLOSED FOR MORE THAN A CALENDAR MONTH FOR REASONS OTHER THAN NON COOPERATION WITH EMPLOYMENT SERVICES WITH A NEW APPLICATION AND PROSPECTIVE BUDGETING


Do not impose the previous ES sanction. The client has a new opportunity to comply with ES. If you approve the new application and the client again fails to cooperate, send the appropriate notices.

For information on type and length of MFIP sanctions depending on case circumstances, 1st or subsequent occurrence of non compliance, and dual sanctions, see 0028.30.03 (Pre 60 Month Type/Length of ES Sanctions).


DWP:

Disqualify any family unit that includes a participant who fails to comply with DWP Employment Services or Child Support Enforcement requirements, without good cause. See 0028.18 (Good Cause for Non-Compliance--MFIP/DWP). Provide written notice and appeal provisions to the participant prior to disqualifying the family unit. See 0026 (Notices). The disqualification does not apply to SNAP or health care benefits.

A participant who has been disqualified from DWP due to non-compliance with Employment Services may regain eligibility by complying with program requirements. A participant who has been disqualified from DWP due to noncooperation with Child Support may regain eligibility by complying with Child Support requirements. Once a participant has been reinstated, issue prorated benefits for the remaining portion of the month. In a 2-parent family, both parents must be in compliance before the family unit can regain eligibility for benefits.

A family unit that has been disqualified from DWP due to non-compliance is not eligible for MFIP or any other TANF cash program during the period of time the participant remains non-compliant for up to the remainder of the 4-month DWP period. The disqualification for a DWP unit closed due to non-cooperation does not carry over to MFIP.

For child care program eligibility policy during a DWP disqualification, see the Child Care Assistance Program Policy Manual.

NOTE:
DWP does NOT include a minimum length of time a case must be closed due to non-compliance.

To regain DWP eligibility after an initial disqualification, a participant must comply with the terms of her or his EP. Since DWP is a short-term program, it is important that participants do not remain disqualified for an extended period of time. The county and ES provider should work to re-engage the disqualified participant in Employment Services as soon as possible.

If a participant fails to comply with his or her EP a 2nd time and becomes disqualified again, the county should again review the EP and redetermine what it will take for the participant to regain eligibility. This 2nd determination may differ from the previous determination, which was driven by the desire to have the participant re-engage in DWP Employment Services as quickly as possible. For example, with the 1st disqualification, a county may simply require the participant to start attending job search again to regain eligibility for DWP. However, when the participant is disqualified a 2nd time for failing to attend job search sessions, the county may decide that the participant must make up all of the missed days or job search workshops before regaining eligibility.

Compliance expectations should be reasonable and support the program goal of engaging people in work and improving family stability within the 4-month program. Counties should develop guidance for Employment Services providers to ensure that all participants are treated equitably but must not require closure for a set period of time.

A participant remains disqualified from DWP until the participant complies with all program requirements. There is no minimum or maximum amount of time the case must be closed. If the participant complies during the 4 consecutive months of DWP eligibility, issue DWP benefits to the family unit. Prorate the benefits from the date of cooperation. Have the family complete a new CAF only if they have been off assistance for more than 30 days.


SNAP:

For information on SNAP E&T sanctions, see 0028.20 (Failure to Comply - SNAP E&T), 0028.30.06 (Type/Length of SNAP E&T Sanctions), 0028.30.09 (Refusing or Terminating Employment).


MSA, GA, GRH:

No provisions.

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