Imposing a JOBS or Tribal NEW Sanction on a Closed TANF Case 400-19-85-20

(Revised 9/1/2021 ML #3629)

View Archives

 

 

A JOBS or Tribal NEW sanction can be imposed against an individual in the month immediately following case closure, if all of the following criteria are met:

  1. The eligibility worker received the recommendation for sanction prior to case closure; and
  2. Good cause determination was offered with proper notice provided, i.e., the individual was properly notified of their opportunity to show good cause for the failure or refusal to participate; and
  3. The participant either failed to show good cause or failed to attend the good cause meeting within the allowed time period (seven (7) calendar days from the print date of the good cause determination notice).

 

After determining that the above criteria have been met, the eligibility worker shall:

  1. Impose the sanction;
  2. Send a sanction notice to the household;
  3. Complete and return the Recommendation for Sanction form to the JOBS Employment Contractor or Tribal NEW Coordinator.

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 15th of the month. When the 15th falls on a weekend or holiday, the sanction must be imposed no later than the next business day. If the sanction is not imposed by the 15th of the month or the next business day should the 15th fall on a weekend or holiday, the eligibility worker must disregard the sanction.

Example #1:  A sanction recommendation is received from JOBS or Tribal NEW on January 30th. The eligibility worker determines that a sanction is appropriate but there is not enough time to reduce the household’s February benefit with adequate notice.

 

The eligibility worker waits until the first working day of the next month (February) to impose the JOBS or Tribal NEW sanction, effective February 1st. The eligibility worker creates and sends both a TANF JOBS Sanction notice and an Overpayment Notice to the household if the JOBS or Tribal NEW sanction results in an overpayment. Recoupment of the February overpayment will begin with the household’s next TANF benefit.

 

Example #2: A TANF case closed January 31st. A sanction recommendation is received from JOBS or Tribal NEW on February 1st. Since the recommendation was received after the case closure date, the sanction cannot be imposed.