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
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. 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 notice gave timely notification 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
for a work program non-cooperation penalty, if one of the following
events occur:
- 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.
- If an individual gives birth and can claim the child-under-2-months
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
exempt for having a child under 2 months when the mandatory minimum
penalty period is over; or
- 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
- The individual establishes cooperation in an assigned work
program activity during or after the mandatory minimum penalty
period is over.
- For food assistance comparable penalties, see 2552.
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:
- 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.
- 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)
- 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:
- 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 the person will be added the first month following
the end of the 3- or 6-month penalty period. Also see 2552.
See Potential Employment requirements in KEESM 3540