Imposing a JOBS or Tribal NEW Sanction on an Open Case 400-19-85-15

(Revised 8/1/11 ML #3272)

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Effective June 1, 2005, once a JOBS or Tribal NEW sanction takes effect; it will remain in effect until:

  1. It is cured, as required, by the sanctioned individual;
  2. The sanctioned individual becomes exempt; or
  3. The sanctioned individual is granted good cause.

 

A recommendation for sanction is received from the JOBS Employment Contractor or Tribal NEW Coordinator. When recommending a sanction, the JOBS Employment Contractor or Tribal NEW Coordinator must provide the TANF Eligibility Worker with written documentation supporting the sanction recommendation, including a detailed chronological history of the individual’s failure or refusal to participate along with any action(s) taken by the JOBS Employment Contractor or Tribal NEW Coordinator.

 

Before a JOBS sanction may be imposed against an individual, the individual must be given an opportunity to show good cause through the good cause determination process. The final determination to impose a JOBS sanction remains with the TANF Eligibility Worker.

NOTE: When a sanction has been recommended by the JOBS Employment Contractor or Tribal NEW Coordinator, the TANF Eligibility Worker will not conduct another good cause determination but is responsible to review the case (as described in the previous paragraph) to determine if a sanction is appropriate.

 

The TANF Eligibility Worker must make a sanction determination within five (5) working days from the receipt of the Recommendation for Sanction form. Once the Eligibility Worker has made a decision, the form must be completed, indicating the decision, and returned to the JOBS Employment Contractor.

Note: An exempt volunteer may not be sanctioned for non-cooperation.

 

Prior to imposing a sanction recommended by a JOBS Employment Contractor or Tribal NEW Coordinator, the TANF Eligibility Worker must:

  1. Review the documentation received from the JOBS Employment Contractor or Tribal NEW Coordinator to ensure that the individual was provided an opportunity to present their good cause claim;
  2. If a good cause claim was made, the TANF Eligibility Worker must determine whether they are in agreement with the JOBS Employment Contractor or Tribal NEW Coordinator’s preliminary determination that the individual failed to show good cause.

When a sanction is imposed, the sanctioned individual’s financial needs are removed from the household’s TANF benefit for one month. This is referred to as the Sanction Penalty Month. If eligible, the financial needs of the remainder of the household can be met during the Sanction Penalty Month.

 

The sanctioned individual must serve the one-month penalty even if the individual becomes exempt, is granted good cause, or cures the sanction. (See Section 400-19-85-35, Effect of Exemption, Temporary Good Cause and Changes in Participation on JOBS or Tribal NEW Sanctions, for additional information.)

Note: A JOBS or Tribal NEW sanction becomes fixed in time as of the effective date, and the Sanction Penalty Month must be served.  When the TANF case which progressed to close is later reverted to open, the Sanction Penalty Month is applicable and must be served. (See Section 400-19-110-30, Revert to Open Following Case Closure.)

 

If a sanctioned individual with a participation code of ‘OU’ (due only to Pay After Performance), DI, DM, DD, DF, OH, fails to cure a sanction with a cure date equal to the Sanction Penalty Month (by successfully completing a Proof of Performance), the entire TANF case will close at the end of the Sanction Penalty Month.  This is referred to as Sanction Progression.  

 

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

Example: An individual is sanctioned effective January 1st. The individual’s financial needs are removed from the household’s January TANF benefit. The individual does not cure the sanction in the Sanction Penalty Month (January), the entire TANF case closes January 31st.

 

If the sanctioned individual reapplies for TANF during the month of February (the Month of Ineligibility), the application is denied. The entire household is ineligible for TANF during the month of February. (See Section 400-19-85-35, Effect of Exemption, Temporary Good Cause and Changes in Participation on JOBS Sanctions).

 

A sanction cannot be imposed on the last two working days of the month as the benefit amount for the future month cannot be decreased without adequate notice.  Instead, a JOBS or Tribal NEW sanction will result in the creation of an overpayment. The TANF Eligibility Worker must wait until the first day of the next month to impose the sanction which will become effective for the benefit month equal to the current calendar month. The TANF JOBS Sanction notice will provide the household with adequate notice of the adverse action.

Note: When imposing a JOBS or Tribal NEW sanction for a current month (i.e., sanction imposed in January to be effective for the month of January), the sanction must be imposed no later than the “Monthly Report Late-Date” (which can be found on the Main Menu Inquiry Tables Job Control Matrix). If the sanction is not imposed by that date, the TANF Eligibility Worker must disregard the sanction. If the individual continues to be out of compliance, a new recommendation for sanction should be made and the sanction process is to start over.

 

Sanctions under TANF follow the responsible individual.