315.05 Sanctions/Disqualifications for Voluntary Quit SR 00-08, 02/00 (FAM-A)

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Individuals considered to have voluntarily quit a job without good cause (see Section 315.01) are sanctioned.

Individuals determined to have voluntarily quit have the right to participate in the conciliation process. See Part 825, Conciliation Process.

See Section 808.35 , Sanctions for Failure or Refusal to Meet NHEP Participation Requirements, for information on sanctions for failure to meet NHEP work program requirements*.

Exception: A sanction for voluntary quit must not be applied when the parent or caretaker relative lacks the means to immediately come into compliance. Documentation may be required to make this determination.

Example

An individual voluntarily quits a job within 60 days of application without good cause. However, at application, the individual furnishes proof of a recently acquired disability that prevents the individual from immediate participation in a work activity that would remove the sanction (see below). In this case, the individual is not sanctioned.

Individuals sanctioned for voluntary quit remain eligible for all employment-related deductions and disregards, including the earned income disregard.

Progressive Sanctions

Progressive sanctions only apply to the parent or caretaker relative-included. Dependent children have only one uniform sanction regardless of how long the child fails to comply. See Uniform Sanctions for Dependent Children below.

Level 1, 2 and 3 sanctions vary based on the length of time or number of times the individual has voluntarily quit without good cause. Sanctions are applied to the payment standard for at least one payment period.

• Level 1 - For the first instance of failure, or for failures that occur more than 6 months after the end of the most recent sanction period, without good cause, decrease the payment standard by the monetary value of the needs of the non-compliant individual when determining NHEP financial assistance eligibility and benefit amount for one payment period, or until the failure to comply ceases, whichever is longer. The payment standard after the financial decrease is referred to as the adjusted payment standard.

• Level 2 - After 3 months of continued non-compliance without good cause, reduce the adjusted payment standard by 1/3 for one payment period, or until the failure to comply ceases, whichever is longer.

• Level 3 - After 3 additional months of continued non-compliance, reduce the adjusted payment standard in level 1 above by 2/3 for one payment period, or until the failure to comply ceases, whichever is longer.

For subsequent failures to comply which occur at any time within 6 months of the end of the most recent sanction period, even if

• the case is closed for all or part of the 6 month period, or

• the sanction was ended due to an exemption and the individual subsequently becomes mandatory within the 6 month period,

reduce the adjusted payment standard by the next highest payment standard reduction level and progress as described above.

Example

An individual, sanctioned at level 1 for a voluntary quit within 60 days of application, complies and the sanction ends on June 30. On July 24, the individual moves out of state and the case closes. On October 12, the individual returns to New Hampshire, reapplies, is found eligible for NHEP financial assistance, but is also determined to have voluntarily quit a job just prior to applying. Because the voluntary quit occurred within 6 months of the end of the most recent sanction period, the sanction automatically begins at level 2.

Uniform Sanctions for Dependent Children

Dependent children are not subject to progressive sanctions. Decrease the payment standard by the monetary value of the needs of the non-compliant dependent child when determining the NHEP eligibility and benefit amount for one payment period or until the failure to comply ceases, whichever is longer.

Determining, Initiating, and Removing Sanctions

• District Offices are responsible for initiating or removing sanctions for voluntary quits by applicants, and by NHEP financial assistance recipients not participating in NHEP work programs.

• NHEP teams are responsible for initiating or removing sanctions for voluntary quits by NHEP work program participants.

Opening and Closing a Case During a Sanction Period

If a case closes and reopens during a sanction period, any sanction remaining at the time the case is closed is carried over and applied when the case is reopened.

See also Section 315.11, Determining the End of a Sanction for Voluntary Quit.