3520 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 discontinued or transitional 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. Employment Service penalties cannot be applied for actions (failure to cooperate) taken after a closure notice has been sent. Employment Service 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 client is notified of the failure to cooperate in the month of closure or the month immediately following the closure. (See KEESM 1423). If the original notice gave timely notification of the closure, adequate notice is all that is required to enact the penalty.  

 

3520.1 Determination of Failure to Cooperate for TANF - 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.

 

3520.2 Determination of Failure to Cooperate for Food Assistance E&T - Food Assistance violation provisions do not apply to persons exempt from food assistance work requirements or ABAWD work requirements.

 

The violation will be overturned if a client meets a Work Registrant or ABAWD exemption during the violation period with the exception of: obtaining employment and working a minimum of 30 hours weekly; receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 hours; or perform in-kind work for a minimum of 30 hours weekly. (see KEESM 3200 and 3220)

 

 

3521 RESERVED

 

3522 Re-Establishing Eligibility

 

3522.1 Re-Establishing Eligibility for TANF - Eligibility may be established for a new applicant who was denied because requirements had not been met and eligibility shall be reinstated effective the date the minimum penalty period has expired and the client reapplies for assistance.

 

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.

See Potential Employment requirements in KEESM 3540.

3522.2 Re-Establishing Eligibility for Food Assistance - In food assistance applicant situations, if the household member penalized for potential employment cooperates in the initial 30-day application period, then benefits will be restored for that person effective the date of application. If the person cooperates (or becomes exempt) after the initial 30-day application period (completes the 20 job contacts or secures employment per the example 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:

Eligibility shall be re-established the month following the month the 3- or 6-month penalty period ends(following the change rules of 9121.1 or 9122.7).

 

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 cooperation is established and the penalty period ends.


See Potential Employment requirements in KEESM 3540.