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

1. TANF
   
   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 employment services failure), there is ineligibility until the failure or refusal ceases.
   
   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.
   
   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.
   
   

2. Food Assistance
   
   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 for the individual only until the failure or refusal ceases.
   
   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

1. TANF
   
   For a failure to cooperate with employment services 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 his/her 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.
   
   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. The family will have to reapply for cash benefits at the end of the 3-month period. (See 3522- Re-Establishing Eligibility)
  
  
• Second Penalty: The MFU will be ineligible for cash benefits a minimum of 6 months. The family will have to reapply for cash benefits at the end of the 6-month period. (See 3522- Re-Establishing Eligibility)
  
  
• Third Penalty: The MFU will be ineligible for cash benefits a minimum of 1 year. The family will have to reapply for cash benefits at the end of the 1-year period. (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.

NOTE: If a client has reached the lifetime limit for TANF and has failed to comply with TANF work related requirements without good cause, the current hardship will be ended and the TANF case will close for exceeding the lifetime limit. No penalty will be applied to the TANF case and no comparable penalty will apply to the individual on the food assistance case.

 

See KEESM 2243 and 2243.1.

 

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.

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.

2. Food Assistance
   
   For a failure to cooperate with TANF work program requirements while the food assistance mandatory person is in recipient status of TANF, the penalty period applies to only the individual who failed to comply; and eligibility for the remaining household members shall be determined considering the individual who failed to comply as an excluded household member.

3512 Effect on Child Care Eligibility - When a child care recipient is penalized for non-cooperation with work programs, child care must remain open at the current benefit level (no increase in family share deduction and no decrease in hours of care authorized) for the remainder of the current 12-month eligibility period unless one of the situations listed in 7640 should occur. At the end of the 12-month eligibility period when the case is reviewed, the family must meet all eligibility criteria to be approved for another 12-month eligibility period.