808.35 Sanctions for Voluntary Quit or Failure or Refusal to Cooperate with NHEP SR 97-19, 06/97 (FAM-A)

When an individual fails to meet NHEP participation requirements, voluntarily quits a job, or refuses employment 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.

Exception: A sanction 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 participation in a work activity. In this case, the individual is not sanctioned.

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 the following section entitled Uniform Sanctions for Dependent Children 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, remove 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. The payment standard with the individual’s needs removed 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, reduce the adjusted payment standard by the next highest payment reduction level and progress as described above.

Exceptions:

• For the first instance of failure to contact the team within 72 hours of a referral from the District Office or 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.

Refer to the EMS Handbook for systems procedures on initiating and removing sanctions.

Uniform Sanctions for Dependent Children

Dependent children are not subject to progressive sanctions. Remove 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.

Determining End of Sanction Period

The sanction period ends when the individual's failure to comply has ceased.

• If an individual voluntarily quit a job, or refused a suitable job, the individual can end the sanction by working in paid employment or AWEP for a minimum of 20 hours per week.

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

• 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.

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.