Department of Human Services

Families First Online Policy Manual

Sanctions

Failure to Cooperate With Work Requirements

Revised:

34.2.3

COMPLIANCE

Table of Contents

 

If it is determined that the individual does not have good cause for non-compliance, the individual will have to participate 5 days at a 100% participation level to “cure” the sanction.

 

If the individual fails to comply (without good cause) during the 5-day compliance period, the case will remain closed.  If the individual has good cause for non-compliance, the participant will not have to start the entire 5-day compliance period over.  He/she will have to make up the missed time so that the total time served equals 5 days.

 

If the individual agrees to an FSC assessment, the 5-day compliance period will not be required until after the assessment has been completed.  Bulletin 29, FA-08-21

 

Two-parent AUs:

 

When both parents in a two-parent AU have been sanctioned, both must comply before anyone in the household can be eligible for any Families First category (ADCI, ADCU, ADCR), unless either parent becomes exempt. 

 

Note: This only applies to two-parent AUs that have a child in common.

 

In his children/her children situations where each parent could potentially be eligible for a separate grant, only the sanctioned parent who is applying for benefits must comply.

 

5-day compliance during the application period:

 

·        Failure to comply

 

-         If an individual who has completed a 5-day cure for a sanction stops participating in the activity prior to approval, there is no sanction for his action.  The individual should be encouraged to comply in the interim period, but must return to the activity within 5 days of approval.  If the individual is not eligible and not approved after curing the sanction, the caseworker/client rep must ensure that the sanction cure is documented.

 

-         If the Department did not allow time for the client to complete the 5-day compliance period during the 45-day application processing time frame, approve the AU on the 45th day and base the 100% activity attendance on the time the client was able to participate prior to approval.

 

-         If the participant failed to complete the 5-day compliance period during the 45-day processing time frame due to a good cause reason (illness, for instance), issue interim benefits and request that the client complete the 5-day compliance period.

 

·        Employment during compliance

 

-         Employment does not “cure” a sanction for a work-related activity.  If the individual gets a 30 hour per week job during the 5-day compliance period, require that the remainder of the 5-day compliance period be completed in employment. 

 

-         If the job is less than 30 hours, the sanction must be cured by participating in a combination of employment and other activities that total 30 hours for the remainder of the 5-day compliance period.

 

-         If an individual gets a job during the compliance period, and loses it through no fault of his/her own before the compliance period is up, require that the participant comply in a new activity for the remainder of the 5-day period.

 

Glossary

Failure to Cooperate With Work Requirements Menu