3520 Determination of Failure to Cooperate and Re-Establishing Eligibility    

 

3521 Determination of Failure to Cooperate - When failure or refusal to meet work related requirements without good cause is established, notification must be sent and benefits affected as appropriate. If a case is changed to closed status (e.g., client’s request, failure to complete review, etc.) prior to the determination of a penalty, notification is still required in order to establish the penalty. If the original closure gave timely notice of the closure, adequate notice is all that is required to enact the penalty.

NOTE:
The agency cannot reduce or terminate TAF assistance for a single custodial parent with a child under age six when the parent demonstrates an inability to obtain child care needed for participation or employment. The TAF client must be advised of this exception.

 

3522 Re-Establishing Eligibility (For Cash and Food Assistance ) - Eligibility may be established for a new applicant situation which was denied because requirements have not been met or reinstated during a  penalty, if one of the following events occurs:

 

  1. The individual becomes exempt, (see 2551 regarding exempt food assistance persons who have a comparable penalty applied); or
     
  2. The individual secures employment with weekly gross earnings, or adjusted gross earnings for self-employment, at least equal to the federal minimum wage multiplied by 30 hours; or
     
  3. The individual establishes cooperation. For potential employment violations, cooperation must be established by the person completing the equivalent of one full week of (applicant) job search or participation in other appropriate components. For Food Assistance only, the Declaration of Cooperation and Self-Responsibility Plan form may be used to cure the employment violation. The Declaration of Cooperation or the Self-Responsibility Plan cannot be used to cure Cash Case penalties.

 

For penalties other than potential employment violations, other activity assignments may be applied to establish cooperation.

If the cash assistance individual who failed to comply leaves the cash assistance household and enters a new household, other family members of the first household may be reinstated. The new mandatory filing unit of which the person is a member or the individual if unable to act in own behalf becomes ineligible.

 

If the food assistance individual who failed to comply leaves the food assistance household and enters a new food assistance household, the food assistance individual remains ineligible until he/she establishes cooperation.

 

If cooperation is established, eligibility shall be reinstated effective:
 

  1. For cash assistance, the date the individual actually cooperates and, if necessary, reapplies for assistance, or the first day of the month in which cooperation is established if there is no break in assistance.

    In applicant situations, if the application has been denied and the individual cooperates in the 45 day processing timeframe, the application is reinstated and benefits prorated from the date of the application. (See 1414.2)

  2. In food assistance applicant situations, if the household member penalized cooperates in the initial 30 day application time period, then benefits would be restored for that person to the date of application.

    For food assistance situations involving the removal of an individual on an open case, eligibility shall be re-established the month following the month the individual initially agrees to cooperate following the change rules of 9121.1 or 9122.7, unless the individual cooperates in the month following the month in which action was taken to remove the person from the food assistance case (the first month removed from the case - no break in participation). In these situations, the individual is added on effective the first day of the month in which cooperation is established.

    For food assistance situations where a single person case was closed for a work related penalty and the person does not cooperate in the month following the month of case closure, eligibility can be reinstated the date the individual actually cooperates and reapplies for assistance. If the person cooperates in the month following the month of case closure, the case can be reinstated and benefits are not prorated. Refer to 1423.

    In food assistance applicant situations where a single person case was denied for a potential employment penalty and the individual cooperates in the 30 day processing timeframe, the application is reinstated and benefits prorated from the date of the application.