Kansas Economic and Employment Services Manual

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. Work Program penalties cannot be applied for actions (failure to cooperate) taken after a closure notice has been sent. Work Program penalties can be applied after the closure notice has been sent if the failure(s) to cooperate occurred prior to the notice of closure and the failure to cooperate was discovered in the month of closure. (See KEESM 1423). 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 TANF 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 TANF client must be advised of this exception.

3522 Re-Establishing Eligibility (For Cash and Food Assistance ) -

• Eligibility may be established for a new applicant who was denied because requirements had not been met; or
  
  
• The case manager may disregard work program participation requirements if there is a work program non-cooperation penalty, if one of the following events occur:

1. 1. The individual becomes exempt. If under a non-cooperation TANF Penalty, they may reapply for TANF when the mandatory minimum penalty period ends without completing the required work program cooperation.
      
      
   2. If an individual gives birth and can claim the CU exemption while under a work program penalty, they must complete the mandatory minimum penalty period. They will not be required to be actively participating in Work Programs if they are still CU when the mandatory minimum penalty period is over; or
       
   3. The individual secures employment with hours meeting participation requirements or weekly gross earnings at least equal to the federal minimum wage multiplied by 30 hours; or
       
   4. The individual establishes cooperation in an assigned work program activity during or after the mandatory minimum penalty period is over.
      
      
   5. For food assistance comparable penalties, see 2552. For potential employment violations in the month of application, the person can re-establish eligibility by completing 20 job contacts. For food assistance potential employment penalties, eligibility is re-established for the first month following the last month of the minimum penalty period without any additional requirements.

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 minimum penalty period has expired, the individual cooperates in work program activities for the appropriate amount of time and reapplies for assistance.
   
   
2. 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)
   
   
3. In food assistance applicant situations, if the household member penalized for potential employment cooperates in the initial 30 day application time period, then benefits would be restored for that person to the date of application. If the person cooperates (or becomes exempt) after the initial 30 day application time period (does the 20 job contacts or secures employment for example per above), the person is re-added to the case the month following the month of cooperation. If the person does not cooperate, they remain ineligible for assistance 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.
   
   

For food assistance situations involving the removal of an individual on an open case for a comparable penalty or an ongoing potential employment penalty:

• Eligibility shall be re-established the month following the month the 3 or 6 month penalty period ends and the person has cooperated with the TANF work requirement (following the change rules of 9121.1 or 9122.7).
  
  
• If the person who failed to comply does not cooperate and reapply for TANF, then an alert should be set to add the person the first month following the end of the 3 or 6 month penalty period. Also see 2552.
  
  

In food assistance applicant situations where a single person case was denied for a potential employment penalty and the individual cooperates (by completing 20 job contacts for example) in the 30 day processing timeframe, the application is reinstated and benefits prorated from the date of the application.