3510 Effect of Failure to Meet Work Related Requirements on Eligibility

3511 Effect on TANF and Food Assistance Eligibility

3511.1 Effect on Cash and Food Assistance Eligibility for Non-Recipients - For a failure occurring while the person is not a recipient, (e.g., application is pending and there has been a potential employment violation or there is a required work program failure), there is ineligibility until the failure or refusal ceases.
 

1. For cash, the mandatory filing unit of which the individual is a member shall be ineligible except in situations where the mandatory individual who fails the requirements is a child who is not able to act in his/her own behalf. In that circumstance, only the minor parent is ineligible. This failure results in a denial for cash benefits and is NOT considered a penalty nor does it count towards establishing a first or subsequent penalty.
   
   Note: See 2230 on treatment of teen parents not enrolled in school.
    
2. For food assistance, the only work related provisions that apply to applicants are the Potential Employment provisions of 3540. Only the individual who failed to comply is ineligible; and eligibility for the remaining household members shall be determined considering the individual who failed to comply an excluded household member.
    

Such failure or refusal does not incur a penalty in cash assistance or food assistance for purposes of establishing a first or subsequent penalty for recipients as described below.

3511.2 Effect on Cash and Food Assistance Eligibility for Recipients - For a failure to cooperate with work program requirements while the TANF Mandatory person is in recipient status, the penalty period of ineligibility applies to the mandatory TANF filing unit the penalized person is a part of, unless the individual responsible for the failure is a teen parent under 18 who is unable to act in own behalf and is being treated as a child on the case. In this circumstance, only the individual teen parent is ineligible for assistance.

Note:  See 2230 on treatment of teen parents not enrolled in school.

For food assistance, only potential employment (KEESM 3540) and comparable treatment for disqualifications apply to the person who failed to cooperate. See 2550 for food assistance comparable penalties.

The period of ineligibility for cash is as follows:

• First Penalty: The mandatory filing unit (MFU) will be ineligible for cash benefits a minimum of 3 Months and must be cooperating in an assigned work program activity for 2 consecutive weeks to effectively cure the penalty and restore eligibility for cash benefits at that time. The family will have to reapply for cash benefits at the end of the 3 month period or when fully participating. (See 3522- Re-Establishing Eligibility)
  
  
• Second Penalty: The MFU will be ineligible for cash benefits a minimum of 6 months and must be cooperating for 3 consecutive weeks in an assigned work program activity to effectively cure the penalty and restore eligibility for cash benefits at that time. The family will have to reapply for cash benefits at the end of the 6 month period or when fully participating. (See 3522- Re-Establishing Eligibility)
  
  
• Third Penalty: The MFU will be ineligible for cash benefits a minimum of 1 year and must be cooperating for 3 consecutive weeks in an assigned work program activity to effectively cure the penalty and restore eligibility for cash benefits at that time. The family will have to reapply for cash benefits at the end of the 1 year period or when fully participating. (See 3522- Re-Establishing Eligibility)
  
  
• A fourth and subsequent penalties will result in TANF ineligibility for ten years for the individual and the MFU they are associated with. Penalties for children in the MFU will not count against the child when the minor becomes an adult cash recipient.

See 2550 for food assistance comparable penalties and re-establishing eligibility.

The penalty is cured when the individual(s) completes the mandatory minimum ineligibility period and cooperates in the work program activity or activities as assigned by the case manager.

For ongoing cash and food assistance cases, the penalty shall be established giving timely and adequate notice.

When individuals are ineligible under this provision, their ineligibility will follow them and affect any mandatory filing unit (MFU) they are associated with. If the ineligible individual(s) leaves the MFU or if non- sanctioned members of the ineligible MFU leave and join a different MFU, they may reapply for TANF benefits.

NOTE: Penalties accrued by a minor who is unable to act in his/her own behalf do not count as a first or subsequent penalty when the minor becomes an adult cash assistance recipient.

3512 Effect on Child Care Eligibility - When a child care recipient is penalized for non-cooperation with work programs, child care may be provided for any appropriate activities required to cure the penalty, including employment. If the TANF or food assistance case is reinstated, child care assistance will also be reinstated with no proration date. During the time a case is closed for a work penalty, TANF Child Care can be provided for work program assignments used to cure the penalty. Once cooperation with work program has been re-established, TANF Child Care may also be provided to support an on-going work program assignment. Income Eligible child care may be used when support services listed in 3410 are authorized. See also 2831 . If the parent-guardian-caretaker obtains employment during the penalty episode, they can apply and be determined eligible for Income Eligible Child Care. If they are determined eligible, the child care plan will begin no earlier than the date the signed child care application is received in the local office.