311.15 Refusal to Cooperate SR 08/04, 04/08 (FAM-A)

*Financial Assistance To Needy Families recipients who fail or refuse to cooperate with child support requirements are treated differently based on the type of assistance received:

• a flat 25% sanction is deducted from the payment standard for the group size for FAP recipients. This deduction is taken before any additional sanctions are applied;

• TAP/IDP/FWOC/UP recipients and caretaker relatives who are not included in the AG are not subject to sanction; and

• for NHEP recipients, sanctions progress in the same manner as sanctions for non-cooperation with the NHEP work program. See Section 808.35, Sanctions for Voluntary Quit Or Failure/Refusal to Cooperate with NHEP Work Program Participation Requirements.

When recalculating income eligibility for assistance, allow all deductions and disregards for which the individual is eligible.

When an applicant or recipient parent or caretaker relative included refuses to cooperate, advise the individual of the action that will be taken.

Remove the sanction for individuals who:

• request an administrative appeal during the advance notice period;

• cooperate during the advance notice period; or

• claim good cause (but remove the sanction only after they have submitted the required evidence).

While recipients of TAP/IDP/FWOC/UP are not subject to sanction, they must comply with developing all potential sources of income, including child support income. See PART 317, DEVELOPING POTENTIAL SOURCES OF INCOME.