808.35 Sanctions for Voluntary Quit or Failure or Refusal to Cooperate with NHEP SR 06-12, 10/06 (FAM-A) |
When a NHEP/UP recipient fails/refuses to meet NHEP participation requirements without good cause, or an NHEP applicant or NHEP/UP recipient voluntarily quits a job without good cause (see PART 315, VOLUNTARY QUIT), 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;
• need to provide verification of compliance if meeting requirements, or of good cause if not meeting requirements;
• action required by the individual to remove the sanction or to prevent benefits from terminating;
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• right to an administrative appeal and the individual’s right to bring a representative of his/her choosing to the hearing*; and
• the availability 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 claim good cause within 7 days of the date of the official notification of voluntary quit or noncompliance; or
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.
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• the individual has claimed good cause but the supervisor NHEP representative 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 individual fully complies with NHEP requirements for a minimum of 2 weeks, whichever is longer. The payment standard after the financial decrease is referred to as the adjusted payment standard.
• Level 2 - After 2 weeks of continued noncompliance without good cause, reduce the adjusted payment standard by 1/3 for one payment period or until the individual fully complies with NHEP requirements for a minimum of 2 weeks, whichever is longer.
• Level 3 - After 2 additional weeks of continued noncompliance without good cause, reduce the adjusted payment standard in Level 1 above by 2/3 for one payment period or until the individual fully complies with NHEP requirements for a minimum of 2 weeks, whichever is longer.
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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:
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• 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.
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• 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 lifetime limit (see FAM 134, HARDSHIP EXTENSIONS TO THE 60 MONTH STATE LIFETIME LIMIT). Noncompliance without good cause during an extension results in the termination of financial assistance for the entire AG, subject to current policies on advance notice and right to an Administrative Appeal.
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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. If the AG’s NHEP work requirements are not met, both parents are sanctioned, but there is never more than one level of sanction at a time applied to a two-parent family.
Each parent will carry the sanction history from the period in which they received financial assistance as a two-parent household, if they later become a single parent household.
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 has verified full compliance with NHEP requirements for a minimum of two weeks, or if the individual becomes exempt from NHEP work requirements.
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Opening and Closing a Case During a Sanction Period
If a NHEP/UP financial assistance case closes during a sanction period, the sanction must be remedied before financial assistance is reopened.
Unless a participant reapplying in sanction status has attended an orientation within the last 30 days, he or she will be required to attend an orientation as a condition of eligibility.
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Removal of a Sanction Due to Compliance
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• For a sanction due to failure/refusal to meet a work related participation requirement, the sanctioned individual must complete a minimum period of 2 weeks of fully verified participation in an assigned approved NHEP activity.
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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 full participation 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.
If reduced benefits have already been issued for the payment period which should be impacted, an automated supplemental payment will be generated. If the case is closed while in sanction and the compliance would have kept it open, there will be no automated supplemental payment. The worker will have to do a manual supplemental payment.
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.*
Conditions for Terminating Assistance
A Full Family Sanction is applied and financial assistance terminated for the entire assistance group when:
• an NHEP/UP cash assistance recipient progresses to a Level 3 sanction and remains in a level 3 sanction for a period of 4 weeks; or
• a sanction, regardless of level, is applied to the AG’s benefits and causes the cash benefits to close because the grant amount is subsequently less than $10.