808.35 Sanctions for Voluntary Quit or Failure or Refusal to Cooperate with NHEP SR 04-26, 10/04 (FAM-A)

When an applicant or recipient voluntarily quits a job without good cause (see PART 315, VOLUNTARY QUIT) or a recipient fails/refuses to meet NHEP participation requirements without good cause, that individual is sanctioned. Official notification is sent to inform the individual of the:

• specific act of noncompliance;

• opportunity to claim a good cause reason for voluntary quit or failure/refusal to meet NHEP work program requirements;

• action required by the individual to remove the sanction or to prevent benefits from terminating;

• availability of a conciliation meeting with a supervisor (or designee) to show evidence of compliance or substantiation of good cause for the voluntary quit or noncompliance (see Section 808.33, Conciliation Process);

• individual’s right to bring a representative of his/her choosing to the conciliation meeting;

• right to an administrative appeal; and

• need to participate in a home-based assessment, if the individual has progressed to a Level 3 sanction.

Conditions for Sanctioning

A sanction is applied under any of the following circumstances:

• the individual does not respond within 10 days of the date of the official notification of voluntary quit or noncompliance (or the verified postmark date of the notice as supplied by the individual) to schedule a conciliation meeting;

Exception: Homeless individuals are not sanctioned for failing to respond to mailed notification of noncompliance, unless the client informs District Office or NHEP staff or other outside sources that the notification was received.

• the individual does not participate in the conciliation meeting within 30 days of the date of the official notification of voluntary quit or noncompliance; or

• the individual has claimed good cause but the supervisor (or designee) determines that the individual did not have good cause for voluntary quit or noncompliance, and has notified the individual in writing of the good cause decision.

Progressive Sanctions

Sanctions apply to both adults and dependent children who voluntarily quit a job without good cause or fail/refuse to meet NHEP program requirements without good cause. It is, therefore, possible to have one or more sanctioned individuals in the case at the same time. 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.

• Level 1 - For the first instance of voluntary quit or failure/refusal to comply with NHEP work requirements without good cause, decrease the payment standard by the monetary value of the needs of the non-compliant individual when determining NHEP eligibility and benefit amount. Sanctions are applied for a minimum of 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 2 months of continued noncompliance 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 2 additional months of continued noncompliance, 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. The assistance group (AG) must also participate in a home-based assessment to identify barriers causing the lack of engagement in NHEP:

- if barriers exist which inhibit the AG’s ability to comply with NHEP work requirements, the AG’s employment plan (EP) is revised accordingly. Upon compliance with the revised EP, the AG’s payment level is returned to its pre-sanction amount; or

- if no barriers are determined to exist or the AG refuses to comply with the assessment process, a Full Family Sanction (FFS) is applied, and financial assistance is terminated for the entire AG.

Reduce the adjusted payment standard by the next highest payment standard reduction level and progress as described above for subsequent voluntary quits or refusals/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.

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.

Begin at a Level 1 sanction for a voluntary quit or failure/refusal to comply with NHEP work program requirements without good cause that occur more than 6 months after the end of the most recent sanction period.

Individuals sanctioned for voluntary quit or failure/refusal to cooperate with NHEP work program requirements without good cause remain eligible for all employment-related deductions and disregards, including the earned income disregard.

Exceptions to Progressive Sanction Policy:

• For the first instance of failure to *attend an NHEP orientation, do not impose a sanction, even if there was no good cause for not attending it*.

• 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 noncompliance.

• Do not sanction the noncompliant individual if he or she meets NHEP exemption criteria in FAM 808.05, Exemptions from Participation in NHEP, 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, HARDSHIP EXTENSIONS TO THE TANF 60 MONTH LIFETIME LIMIT). 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.

• Individuals/AGs whose NHEP cash assistance benefits have been closed due to a Full Family Sanction, have different progressive sanction procedures if they are reopened for assistance and subsequently engage in a sanctionable voluntary quit or work program noncompliance:

- Noncompliance or voluntary quit which results in sanction after being reopened for NHEP cash assistance for the first time following a closure for FFS: If the family is reopened for NHEP cash and an AG member voluntarily quits or refuses/fails to meet NHEP work requirements without good cause, the sanction is immediately returned to Level 3, with the resulting reduced grant amount, and the AG must participate in another home-based assessment.

- Noncompliance or voluntary quit which results in sanction after a subsequent reopening of NHEP cash assistance: If a family’s cash benefits are terminated for FFS for a second or subsequent time and the family is again reopened for NHEP cash, financial assistance benefits will automatically terminate upon the first sanctionable voluntary quit or noncompliance.

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 noncompliant 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* 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

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

• NHEP teams are responsible for initiating or removing sanctions for voluntary quits or failures/refusals to meet NHEP work program participation requirements by NHEP work program participants.

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

Exception: Financial assistance is terminated for the entire AG (Full Family Sanction) if a Level 3 sanctioned individual fails or refuses to comply with the home-based assessment process, or no barriers to participation in work requirements are determined to exist.

Opening and Closing a Case During a Sanction Period

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

Exception: Individuals may reapply and be reopened for TANF financial assistance at the full grant for which they are eligible at any time after being closed due to Full Family Sanction.

Removal of a Sanction Due to Compliance

• For a sanction due to failure/refusal to attend an NHEP orientation, the sanctioned individual can cure the sanction by attending an orientation.

• For a level 1 sanction due to failure/refusal 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.

 Exception: Timeframes for curing a sanction when reapplying for TANF after closure for the 60-month time limit are the same for each sanction level; upon participation in an assigned approved NHEP activity, the sanctioned individual is considered to be in compliance.

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

Exceptions:

Either or both parents in a two-parent family may comply and participate to remove the sanction.

See Section 315.11, Reapplication/Reinstatement After Voluntary Quit, for removal of a sanction due to voluntary quit.

Failure to comply has ceased as of the date compliance is verified. Once the sanction has been in place for a minimum of 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 of the exemption was provided.

• If the individual’s status later changes from exempt to mandatory, and there is a subsequent voluntary quit or 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 voluntary quit or act of noncompliance occurs within 6 months of the end of the previous sanction period.

Conditions for Terminating Assistance

A Full Family Sanction is applied and financial assistance terminated for the entire assistance group:

• upon the first instance of noncompliance that results in sanction, if a recipient’s cash benefits have been terminated for Full Family Sanction on at least two occasions; or

• when an NHEP cash assistance recipient progresses to a Level 3 sanction and:

- refuses to comply with the home-based assessment process;

- cancels a scheduled home-based assessment for a second time; or

- the home-based assessment reveals that no barriers exist which inhibit the recipient’s ability to comply with NHEP work requirements.