3540 Potential Employment Violations -
Potential Employment provisions do not apply to persons exempt from employment service TANF or food assistance requirements with the exception of food assistance persons exempt per 3220 (1) (Employed).
Ineligibility shall not result when a person who has failed potential employment requirements has resumed employment prior to the establishment of ineligibility and the employment is equivalent to at least 30 hours a week at the federal minimum wage.
This provision shall not apply to a person age 19 or younger (including the month in which the person turns age 20) when the person is pregnant or a parent of a child in the home and the person does not possess a high school diploma or its equivalent. This provision is not applicable to this group of persons because the agency's emphasis with them is upon attainment of a high school level of education. Potential employment is also not applicable to a person who is actively working with a Job Corps recruiter.
3541 Potential Employment Violation for Applicant
There is ineligibility for cash assistance and for the individual only for food assistance when the local DCF office has evidence that an applicant, during the month of application or preceding month, for jobs of at least 30 hours per week: (1) refused a job referral; (2) refused a job offer; (3) quit a job; (4) was terminated from a job because the person voluntarily rendered him/herself unacceptable; or (5) voluntarily reduces hours of employment from 30 or more hours per week to less than 30 hours per week and reduces monthly gross earnings to less than 30 hours a week multiplied by the federal minimum wage.
For applicant situations in which a denial occurs for reason of potential employment and the person re-requests assistance within the application processing period (45 days cash, 30 days food assistance) discussed in 1414.2 (3), the potential employment violation must be cured in order to establish eligibility. If in this situation the person requests assistance after the processing period (45 days cash, 30 days food assistance) and the potential employment violation occurred prior to the month of new application and the preceding month, then the potential employment issue does not affect the new request for assistance and does not have to be resolved.
For potential employment violations in the month of application or preceding month, the person can re-establish eligibility by completing 20 job contacts.
Good cause shall be determined by eligibility based on the provisions of 3530 and 3530.1 or a client's self-declared disability.
3542 Potential Employment Violation for Recipient
If the recipient of cash or food assistance obtains a potential employment violation, tiered disqualifications of 3 months, 6 months, 12 months, or 10 years (cash only) are applied. (see 3512)
A disqualification shall not result when a person who has failed potential employment requirements has resumed employment prior to the establishment of ineligibility and the employment is equivalent to at least 30 hours a week at the federal minimum wage or becomes exempt.
Good cause shall be determined based on the provisions of 3530 and 3530.1.
3542.1 Recipient Status for TANF Clients
There is ineligibility for cash assistance and for the individual only for food assistance when the local DCF office has evidence that a recipient without good cause: (1) refused a job referral; (2) refused a job offer; (3) quit a job; (4) was terminated from a job because the person voluntarily rendered him/herself unacceptable; or (5) voluntarily reduces hours of employment.
If the recipient of cash or food assistance obtains a potential employment violation, tiered disqualifications of 3 months, 6 months, 12 months, or 10 years (cash only) are applied. (see 3511.2) For Food Assistance, they remain ineligible for assistance until the disqualification period expires, with a maximum length of ineligibility at 12-months. If after the 12th month they haven’t cooperated, the person shall be re-added for the 13th month.
A disqualification shall not result when a person who has failed potential employment requirements becomes exempt or has resumed employment prior to the establishment of ineligibility and the income from the new employment is equivalent to the previous employment.
Good cause shall be determined by employment services based on the provisions of 3530.
3542.2 Recipient Status for Food Assistance Clients
There is ineligibility for the individual only for food assistance when the local DCF office has evidence that a recipient without good cause, for jobs of at least 30 hours per week: (1) refused a job referral; (2) refused a job offer; (3) quit a job; (4) was terminated from a job because the person voluntarily rendered themselves unacceptable; or (5) voluntarily reduces hours of employment from 30 or more hours per week to less than 30 hours per week and reduces monthly gross earnings to less than 30 hours a week multiplied by the federal minimum wage.
For Food Assistance, they remain ineligible for assistance until the disqualification period expires, with a maximum length of ineligibility at 12 months. If after the 12th month they haven’t cooperated, the person shall be re-added for the 13th month.
NOTE: Mandatory E&T participants who are non-exempt and not working a minimum of 30 hours a week and/or failed to meet 30 hours per week participation in the Food Assistance E&T program will be subject to a food assistance violation. This violation will be tiered with potential employment violations and will have the same tiered disqualifications of 3 months, 6 months or 12 months.
Example: Sue fails to participate with the mandatory Food Assistance E&T program to meet her 30 hour a week requirement. She has a previous potential employment violation which is to be tiered with the food assistance violation. This will be her second violation and she will be ineligible for Food Assistance for 6 months.
Good cause shall be determined by employment services based on the provisions of 3530 and 3530.1.
NOTE: In some situations, the agency learns that a food assistance individual quit a job (without good cause) that was not reported or required to be reported due to the 130% threshold. If the job quit did not take place in the month it is discovered or the prior month, a potential employment disqualification cannot be applied. This includes job quits identified at the time of IR or review processing.