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POST 60-MONTH EMPL. SERVICES SANCTIONS

ISSUE DATE: 01/2015

MFIP:
This section ONLY applies to participants who have been granted a hardship extension under the employed extension criteria. See the 60-month lifetime limit requirements as specified in 0011.30 (60-Month Lifetime Limit).

Participants extended under all other extension categories qualify for Family Stabilization Services (FSS) and should be sanctioned under the pre 60-month sanction policy.

The sanction provisions in this section apply only to non-compliance with ES requirements. Count ES sanction occurrences by case for purposes of determining when an MFIP unit is permanently disqualified.

For information on child support sanctions, see 0012.24 (Child Support Sanctions). Sanction policy for non-compliance with child support for extended households follows pre 60-month policy.

For information on Employment Services (ES) sanctions for pre 60-month time limit participants, see 0028.30 (Sanctions for Failure to Comply - Cash), 0028.30.03 (Pre 60-Month Type/Length of ES Sanctions).

For information on sanctions for refusing or terminating suitable employment, see 0028.18.03 (Suitable/Unsuitable Work), 0028.30.09 (Refusing or Terminating Employment).

Participants who are determined to be out of compliance may claim good cause for not complying as outlined in 0028.18 (Good Cause for Non-Compliance--MFIP/DWP).

Post 60-month sanctions differ from action taken during the 1st 60 months because the non-compliance may result in permanent closure of MFIP.


SANCTION SEQUENCE


The sanction policy below applies ONLY in the following situations. If:

A 1-parent assistance unit receiving MFIP under the employed/employed limited hours extension criteria is not cooperating with ES requirements.

OR

A 2-parent assistance unit receiving MFIP when BOTH parents are extended under the employed/employed limited hours extension criteria and at least 1 parent is not cooperating with ES requirements.


FOR THE 1ST OCCURRENCE OF NON-COMPLIANCE:
The sanction is a 10% grant reduction of the Transitional Standard. Participants can cure the sanction by complying on or before 10 days prior to the effective date of the sanction.

FOR THE 2ND OCCURRENCE OF NON-COMPLIANCE:
The sanction is a 30% grant reduction of the Transitional Standard after the vendor payment of rent (and utilities, at county option). In addition, case review provisions (face-to-face meeting with participant) are required. Participants can cure the sanction by complying on or before 10 days prior to the effective date of the sanction.

FOR THE 3RD OCCURRENCE OF NON-COMPLIANCE:
The sanction is a 30% grant reduction of the Transitional Standard plus vendor payment of rent (and utilities, at county option). In addition, case review provisions (face-to-face meeting with participant) are required. Participants can cure the sanction by complying before the effective date of the sanction unless there are months of compliance between occurrences. See NOTE below.

FOR THE 4TH OCCURRENCE OF NON-COMPLIANCE:
The unit is disqualified from MFIP. Participants can cure the sanction by complying 10 days prior to the effective date of the sanction.

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.


DISQUALIFICATION UNDER EXTENSION SANCTION PROVISIONS


Participants who are disqualified (MFIP is closed) under the 4th occurrence of post 60-month sanction policy above may be determined eligible for assistance 1 additional time before being permanently disqualified from MFIP. In order to be reopened, the participant(s) must demonstrate compliance with ES requirements for up to 1 month before the MFIP case can be reopened or meet criteria for another extension category. If the participant(s) demonstrates compliance with ES, the effective date of eligibility must not be prior to the date of cooperation.

When the MFIP case is reopened, the participants must remain in compliance. If the participant is out of compliance, send a Notice of Intent to Sanction (NOITS). If the participant does not respond within 10 days, or does not follow through with steps necessary to comply as listed on the NOITS, the following sanctions apply:

FOR THE 5TH OCCURRENCE OF NON-COMPLIANCE:
The sanction is 10% grant reduction of the Transitional Standard. Participants can cure the sanction by complying on or before 10 days prior to the effective date of the sanction.

FOR THE 6TH OCCURRENCE OF NON-COMPLIANCE:
The sanction is permanent disqualification of the case (close the entire MFIP unit). There is no 30% sanction step. Participants can cure the sanction by complying on or before 10 days prior to the effective date of the sanction.

NOTE:
Before disqualifying a participant, the county must review the participant’s case to determine if the Employment Plan is still appropriate and must make a good faith effort to meet with the participant face-to-face. If the participant does not comply, the county agency must send a notice of adverse action informing the participant that the MFIP case will be permanently closed.

During the face-to-face meeting, the county agency must:

Determine whether the continued non-compliance can be explained and mitigated by providing a pre-employment activity.

Determine whether the participant qualifies for a good cause exception.

Inform participants of the Family Violence Waiver criteria and make a referral if appropriate.

Inform participants of the sanction status and explain the consequences of continuing non-compliance.

Identify other resources that may be available to the participant to meet the needs of the family.

Inform the participant of the right to appeal.



DWP, SNAP, MSA, GA, GRH:

No provisions.

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