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PRE 60-MONTH TYPE/LENGTH OF ES SANCTIONS

ISSUE DATE: 01/2015

For information on whether or not to sanction clients, see 0028.30 (Sanctions for Failure to Comply - Cash), 0028.20 (Failure to Comply - SNAP E&T). For information on sanctions for refusing or terminating suitable employment, see 0028.18.03 (Suitable/Unsuitable Work), 0028.30.09 (Refusing or Terminating Employment).


MFIP:

This section applies to participants who have not reached their 60-month lifetime limit as specified in 0011.30 (60-Month Lifetime Limit) and to all participants who meet eligibility for Family Stabilization Services, regardless whether the case is pre or post 60-month. For information on participants who have reached their 60-month lifetime limit and qualify for a hardship extension, see 0011.33 (MFIP Hardship Extensions). For sanction information, see 0028.30 (Sanctions for Failure to Comply - Cash), 0028.30.04 (Post 60-Month Empl. Services Sanctions).

Effective 7-1-03, sanctions count towards closure of the MFIP case. A participant will have his or her case closed at the 7th occurrence of non-compliance. The count toward closure does NOT start over, even if the participant goes off assistance, comes into compliance, and remains in compliance. Use the STAT/SANC panel to track occurrences of non-compliance.

Each month that a participant fails to comply with a requirement is considered a separate occurrence of non-compliance. If both participants in a 2-parent assistance unit are out of compliance at the same time, it is considered 1 occurrence of noncompliance.


FOR THE 1ST OCCURRENCE (10%) OF NON-COMPLIANCE:
by a participant(s) in an assistance unit, reduce the assistance unit's grant by 10% of the MFIP standard of need for an assistance unit of the same size with the residual grant paid to the participant. The reduction in the grant amount must be in effect for a minimum of 1 month. Remove the reduction in the month following the month that the participant(s) returns to compliance.


FOR THE 2ND - 6TH OCCURRENCE (30%) OF NON-COMPLIANCE:
Vendor pay the shelter costs up to the amount of the cash portion of the grant. At county option, you may vendor pay utilities up to the amount of the cash portion of the grant. Vendor payment rules apply beginning with the 2nd occurrence of child support sanctions. Non-compliance with child support also counts toward the 7 occurrences and may lead to a 100% sanction. See 0012.24 (Child Support Sanctions), 0024.09 (Protective and Vendor Payments) for procedures to use when the information necessary to vendor pay is not on file and the vendor refuses to accept partial payment.

The residual amount of the cash grant after vendor payment, if any, and the food portion must be reduced by an amount equal to 30% of the Transitional Standard for the family’s size.

The reduction in the grant must be in effect for a minimum of 1 month and must be removed the month after the month the participant returns to compliance. In a 2-parent household, remove the grant reduction in the month following the month both participants return to compliance.

Continue to vendor pay the shelter (and utilities, if applicable) for 6 months after the month in which the participant(s) return to compliance.

NOTE:
If the participant comes into compliance between occurrences and the next occurrence results in a change in benefit amount, issue a notice of adverse action. Participants must comply on or before 10 days prior to the effective date of the sanction in order to cure the sanction.


FOR THE 7TH OCCURRENCE OF NON-COMPLIANCE:
Close the MFIP case (100% sanction). Closure under pre 60-month sanction policy is NOT permanent. The case must be closed for 1 full month but can be reopened after 1 month if the participant demonstrates compliance for up to 1 month. For MAXIS instructions, see TEMP Manual TE02.05.97 (MFIP Re-Appl After 7th/More Non-Compliance).

The Employment Services Provider must attempt a face-to-face meeting prior to case closure. Review the participant’s case file to determine if:

The continued non-compliance can be explained by providing a needed pre-employment activity. This includes activities such as volunteer work, literacy programs and related activities, citizenship and English as a Second Language classes, or chemical dependency treatment, mental health services, parenting education, or other programs designed to help families reach their employment goals and enhance their ability to care for their children.

OR

The participant qualifies for good cause.


If the lack of an identified activity can explain the non-compliance, the provider must work with the participant to provide the activity. Also, the county must restore the participant’s grant amount to the full amount retroactive to the 1st day in which the participant was found to lack pre-employment activities or to qualify for a good cause exception. If the participant’s grant is restored, remove the vendor payment of shelter (and utilities), if applicable.

A 2-parent assistance unit gets a total of 6 occurrences before closure. For example: if Mom has 3 occurrences and Dad has 3, the next (7th) occurrence results in case closure. However, if both parents in a 2-parent assistance unit are out of compliance during the same month, it counts as 1 occurrence.

Closure for non-compliance does NOT make the participant ineligible for SNAP, if otherwise eligible. Determine eligibility for SNAP at the time of closure. Case closure also does not affect health care eligibility.

If a case that has been closed for non-compliance is reopened and has another occurrence of non-compliance, vendor pay the shelter costs up to the amount of the cash portion of the grant. At county option, you may vendor pay utilities up to the amount of the cash portion of the grant. Reduce the residual amount of the cash grant after vendor payment, if any, and the food portion by an amount equal to 30% of the Transitional Standard for the family’s size. A subsequent occurrence of non-compliance for a case reopened after closure for non-compliance will result in case closure.


FOR DUAL SANCTIONING:
Impose sanctions as follows for participants who refuse to comply with child support requirements AND have a concurrent sanction for failure to attend orientation or to develop or to comply with their Employment Plan:

If the child support non-compliance and other program non-compliance occur in the SAME month, reduce the Transitional Standard and MFIP food portion by 30% for the 1st month, then vendor pay shelter costs (and utilities, if applicable) for the 2nd month.

The participant remains subject to vendor payments and 30% sanction until BOTH issues of non-compliance have been resolved.



DWP, MSA, GA, GRH:

No provisions.


SNAP:

See 0028.30.06 (Type/Length of SNAP E&T Sanctions).

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