 |
|
(Revised 1/1/04 ML #2897)
(N.D.A.C. 75-02-01.2-79)
TANF individuals that fail or refuse to comply with program requirements, without good cause, may be sanctioned. Actions or failures to comply that may result in sanctions are as follows:
Failure or refusal to participate in the JOBS program;
Failure or refusal to cooperate in obtaining child support or establishing paternity;
Not completing a social contract;
Not signing a social contract;
Not completing the goals or tasks listed on a social contract; and
Not cooperating with an agency providing services to meet goals or tasks listed in the social contract, including goals identified as mandatory or non-mandatory referrals and goals that are non-mandatory and identified in the assessment.
All sanctions are first imposed against the responsible individual and will result in removal of the individual’s needs from the household’s TANF benefit for a period of one month. If the sanctioned individual does not cure the sanction prior to the end of the sanction penalty month, the sanction may progress to closure of the entire TANF case. A sanction penalty month runs from the effective date of a sanction through the last day of that month. If a sanction leads to closure of the entire TANF case, the household will be ineligible for assistance in the month following the sanction penalty month. Under the JOBS Program, the household remains ineligible for assistance until the responsible individual cures the sanction.
A Child Support sanction and non-compliance with non-mandatory service sanction are effective for the sanction penalty and the month of ineligibility. Upon reapplication, end the sanction in the system if the case progressed to close. Child Support Enforcement sanctions are ended because Child Support Enforcement determines cooperation and a household starts over upon reapplication with Child Support Enforcement. Non-compliance with non-mandatory service sanctions are ended upon reapplication because a social contract is only valid while the case is open and a new social contract is required on reapplications.
Example – If a sanction is imposed on March 15th for the benefit month of April, the sanctioned individual will not receive his or her portion of the benefit for the month of April. The individual’s portion of the benefit will not be included again until the month of May if the sanction is cured, the individual becomes exempt, has good cause, or participation changes.
Once a sanction becomes effective, the sanctioned individual must serve the one-month penalty, even if the individual becomes exempt, is granted good cause, cures the sanction or has a change in her or his participation status. If the individual becomes exempt, is granted good cause, or has a change in participation; end the sanction at the end of the sanction penalty month to avoid case closure. The eligibility worker can delete the sanction until the sanction becomes effective for non-cooperation with child support or non-compliance with non-mandatory services sanction. Example – The sanction is imposed March 15th for the benefit month of April. The individual resolves the issue on March 25th. The eligibility worker can delete the sanction through the end of March.
A JOBS program sanction may be imposed for no more than twelve months. An otherwise eligible individual whose non-cooperation caused the JOBS sanction may demonstrate cooperation within twelve months from the sanction start date to regain eligibility for the household. After twelve months, a reapplication for assistance made on behalf of the household is treated as a new application.
Sanctions under TANF follow the non-cooperating individual.
A JOBS sanction is cured only when the responsible individual demonstrates, to the satisfaction of the county agency, that the failure to cooperate or participate, as required, has been corrected for at least ten consecutive days. To cure a sanction and avoid case closure based on sanction progression, a sanctioned individual must successfully complete a 10-day Proof of Performance (POP) in JOBS or Tribal NEW, with a cure date equal to the sanction penalty month.
A Child Support Enforcement sanction will be considered cured upon such notification from the child support enforcement agency to the eligibility worker. The day Child Support Enforcement determines an individual to be cooperating with their requirements is used as the sanction cure date.
A non-compliance with non-mandatory services sanction will be considered cured when the responsible individual demonstrates, to the satisfaction of the county agency, that the failure to cooperate or participate has been corrected.
If a JOBS sanction, child support sanction, and a non-compliance with non-mandatory service are imposed at the same time, the individual must resolve all issues to avoid the sanction progressing to case closure. If the individual resolves one but not the other issues, the unresolved sanctions will cause the case to progress to close.
Example – The individual is sanctioned for non-cooperation with Child Support Enforcement on March 15th and on March 17th for non-cooperation with the JOBS Program. The individual will not receive his or her portion of the TANF benefit in April. On April 10th, the individual resolves the Child Support Enforcement issue but not the JOBS issue. The child support sanction would be cured but the JOBS sanction remains in place and the case will close at the end of April. In addition, the entire household will be ineligible for the month of May.
Ineligible caretakers, whether included in the TANF benefit or not, that do not cooperate with Child Support Enforcement or cooperating with a non-mandatory service referral, will be sanctioned for non-cooperation. Those individual’s needs are not being met through the TANF benefit so the sanction penalty month will not apply but the month of ineligibility will apply.
If a TANF individual is sanctioned for Child Support and/or non-compliance with non-mandatory service (whether or not there is also a JOBS sanction) and the participation changes to ST or MP in the month following the penalty month (due to a change that occurred in the penalty month), the sanction ends.
If an individual becomes exempt or Good Cause is granted in the penalty month, end the sanction at the end of the penalty month. The individual remains sanctioned for the penalty month, but the case will not close due to sanction progression. If there is more than one sanction and the individual is exempt or has good cause for one requirement but not all requirements, the case will progress to close.
Adequate notice is required for all sanctions. Adequate notice means a sanction may be imposed up to the third to the last working day of the month. If it is the second to the last working day of the month or beyond, a sanction cannot be imposed for that month. The adequate notice may be the TANF sanction notice or a closure notice. The TANF sanction notice informs individuals of the potential consequences for failing to cure the sanction as required. Since the sanction notice addresses the potential case closure, it is not required to send a TANF closing notice if the case is closing for sanction progression only.
Imposing a JOBS Sanction on a Closed TANF Case.
In the month immediately following case closure, a JOBS or Tribal NEW sanction can be imposed against an individual if all of the following criteria are met:
The TANF eligibility worker received the recommendation for a JOBS or Tribal NEW sanction prior to case closure.
Good cause determination was offered with proper notice provided, i.e., the individual was properly notified of her or his opportunity to show good cause for the failure or refusal to participate; and
The JOBS or Tribal NEW participant either failed to show good cause for her or his noncompliance with JOBS or Tribal NEW or the participant failed to contact her or his coordinator to share their good cause reason within the allowed time period (seven calendar days from the print date of the good cause determination notice).
After determining that the above criteria have been met, either for a JOBS or Tribal NEW sanction, the TANF eligibility worker should revert the case to open and impose the sanction. NOTE: Use the notice entitled "TANF Sanction Notice – Closed TANF Case _____”.
For further information, see the JOBS manual.
