Sanction for Non-Compliance with JOBS and Tribal NEW 400-19-85

 

Overview 400-19-85-05

(Revised 6/1/10 ML #3218)

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(N.D.A.C. 75-02-01.2-61)

(N.D.A.C. 75-02-01.2-79)

 

In order to assist households in becoming self-sufficient, individuals in receipt of TANF are required to participate in the Job Opportunity and Basic Skills (JOBS) or Tribal Native Employment Works (NEW) program. Individuals who fail or refuse to comply with the requirements of the JOBS program, without good cause, may be sanctioned.  

 

A sanction may be imposed against individuals who fail to show good cause for failure or refusal to participate, as required. A sanction serves as a natural and logical consequence for an individual’s noncompliance with TANF program requirements. The consequences of a sanction are the same regardless of how many times an individual may have been sanctioned.

 

If the sanctioned individual is:

  1. A caretaker, the sanctioned individual remains included in the household size and the income and assets must be considered when determining eligibility. The Standard Employment Expense Allowance and the Time Limited Percentage are applied to the earned income of the sanctioned individual;
  2. A dependent child, the sanctioned individual remains included in the household size and the income and assets must be considered based on criteria for counting income and assets for dependent children. (See Section 400-19-55-15-25, Student Earned Income Treatment.)

Note: If the sanctioned individual is the only dependent child in the TANF case, the caretaker may still be eligible for TANF.

 

Regardless of whether the individual is a caretaker or dependent child, the financial needs of the sanctioned individual are deducted when determining the assistance payment for the remainder of the household.

 

If the sanctioned individual is a parent or other caretaker relative, assistance payments for the remaining members of the TANF case may be in the form of protective payments. (See Section 400-19-120-35, Protective Payments.)

 

All sanctions are imposed against and follow the responsible individual. The first month of a sanction period is referred to as the Sanction Penalty Month. A Sanction Penalty Month runs from the effective date of a sanction through the last day of that 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 effective the last day of the Sanction Penalty Month. This is referred to as Sanction Progression.    

 

If a sanction leads to closure of the entire TANF case, the household will be ineligible for assistance for the month following the Sanction Penalty Month. This is referred to as the Month of Ineligibility.

 

Adequate notice is required when imposing a sanction.  

 

An individual sanctioned for non-cooperation with Child Support Enforcement will be required to comply with the JOBS program requirements. Likewise, individuals sanctioned for JOBS will be required to cooperate with Child Support Enforcement.