808.35 Sanctions for Failure or Refusal to Cooperate with NHEP Work Program Participation Requirements SR 01-03, 07/01 (FAM-A)

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When an individual fails to meet NHEP participation requirements without good cause, that individual is sanctioned. Sanctions apply to adults and dependent children who fail to meet NHEP program requirements. It is, therefore, possible to have one or more sanctioned individuals in the case at the same time.

Individuals sanctioned for failure/refusal to cooperate with NHEP work program requirements remain eligible for all employment-related deductions and disregards, including the earned income disregard.

See FAM 315, Voluntary Quit, for policy on sanctions for voluntary quit by NHEP financial assistance applicants or recipients.

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 for further information.

Level 1, 2 and 3 sanctions vary based on the length of time or number of times the parent or caretaker relative has failed to comply without having good cause.

• 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 the NHEP eligibility and benefit amount, for one payment period, or until the failure to comply ceases, whichever is longer (See Determining the End of the Sanction Period below). 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 failure to meet a work-related participation requirement, 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, and is determined mandatory for NHEP work programs. The individual again fails to comply with a work program requirement is sanctioned. Because the act of noncompliance occurred within 6 months of the end of the most recent sanction period, the sanction automatically begins at level 2.

Exceptions:

• For the first instance of failure to contact the team within 72 hours of a referral from the District Office or to attend the initial meeting with the team, do not impose a sanction, even if there was no good cause for noncompliance, provided the individual complies prior to the end of the conciliation process.

• Volunteers (adult or child) who fail to comply with the requirements of an approved activity are disallowed participation in the NHEP for 3 months from the date of non-compliance.

• Do not sanction the noncompliant individual if he or she meets NHEP exemption criteria in FAM 808.05 at the time the sanction would normally begin.

• Do not sanction noncompliant individuals working 35 or more hours a week without prior approval from DFA State Office.

• Do not sanction individuals previously exempt from participation in NHEP work activities due to pregnancy or whose youngest child is between 12 weeks and 2 years of age (or age 1 if conceived on assistance), who become mandatory for NHEP work activities upon receiving 39 or more months of NHEP financial assistance, without prior approval from DFA State Office (see also FAM 808.33, Conciliation Process, for special pre-conciliation procedures).

• Do not sanction mandatory individuals determined to be noncompliant with NHEP work program requirements without good cause during a temporary extension of eligibility beyond the 60 month TANF lifetime limit (see FAM 134). Noncompliance without good cause during an extension results in the termination of financial assistance for the entire AG, subject to current TANF policies on advance notice and right to an Administrative Appeal.

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 amount for one payment period or until the failure to comply ceases, whichever is longer.

Sanctioning for Two Parent Families

Sanctions are not applied if at least one parent is meeting NHEP work program requirements, which includes meeting with the NHEP team within 72 hours of initial referral, and fulfilling the two-parent participation requirements.

• Regardless of whether the two-parent family chooses to share participation or to have one parent be responsible for meeting participation requirements, there is never more than one sanction at a time applied to a two-parent family even if neither parent meets participation requirements.

• For subsequent failures to comply which occur at any time within 6 months of the end of the most recent sanction period, regardless of which parent’s nonparticipation causes the family to be out of compliance, apply the next highest payment standard reduction level and progress as described in the "Progressive Sanctions" section above.

See also FAM 808.31, Compliance Requirements, and FAM 808.37, Participation Requirements for 2 Parent Families.

Determining the End of the Sanction Period

NHEP teams are responsible for initiating or removing sanctions for failure to meet NHEP work program participation requirements, including voluntary quit while receiving NHEP financial assistance.

The sanction period ends when the individual's failure to comply has ceased, or if the individual becomes exempt from NHEP work requirements.

Removal of a Sanction Due to Compliance

• for a level 1 sanction due to failure to meet a work related participation requirement, the sanctioned individual must complete a minimum period of 2 weeks participation in an assigned approved NHEP activity.

• for a level 2 or 3 sanction due to failure to meet a work related participation requirement, the sanctioned individual must comply and participate in an assigned approved NHEP activity.

Exception: either or both parents in a two-parent family may comply and participate as above to remove the sanction.

Failure to comply has ceased as of the date compliance is verified. Once the sanction has been in place for at least one payroll period, remove the sanction so that the payment standard is returned to the pre-sanction level in the next available payroll period, but no later than the payment period following the payment period in which the verification was provided.

Removal of a Sanction Due to Exemption

• Individuals who become exempt from NHEP work program requirements while under sanction must have the sanction removed, and the payment standard returned to the pre-sanction level, in the next available payroll period, but no later than the payment period following the payment period in which the verification was provided.

• If the individual’s status later changes from exempt to mandatory, and there is a subsequent act of noncompliance without good cause, begin progressive sanctioning at level 1 regardless of the level of sanction at the time of the exemption unless the subsequent act of noncompliance occurs within 6 months of the end of the previous sanction period.

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.