Exception to the Requirement to Serve the Month of Ineligibility Following a JOBS or Tribal NEW Sanction 400-19-85-30

(Revised 6/1/10 ML #3218)

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TANF policy allows an exception to the regular sanction policy to permit a sanctioned individual in receipt of regular TANF Benefits the opportunity to cure their JOBS or Tribal NEW sanction in the Month of Ineligibility.   

Note: This exception does not apply to individuals in receipt of Transition Assistance as their case must be closed when a JOBS sanction is imposed.

 

This exception is allowed when:

  1. The TANF Eligibility Worker determines that a household is ineligible for TANF in the Sanction Penalty Month due to excess income; and
  2. The household would not have been income eligible even if a sanction had not been imposed; and
  3. The household reapplies for TANF in the Month of Ineligibility.

 

When the exception is applied:

  1. The TANF Eligibility Worker shall refer the sanctioned individual to the JOBS or Tribal NEW program.
  2. The sanctioned individual is required to successfully complete a Proof of Performance (POP) within 30 days from the date of application unless it is determined that there are extenuating circumstances. If extenuating circumstances exists, the TANF Eligibility Worker should allow the individual additional time to successfully complete the POP.

NOTE: The TANF Eligibility Worker may extend the 30-day time limit for processing a TANF application due to extenuating circumstances, such as timing delays on the part of the county, JOBS, or Tribal NEW. See Section 400-19-20-30, Timeliness Standards for Processing TANF Benefits, for additional information on this topic.

  1. If the sanctioned individual successfully completes the POP, as required, the TANF Eligibility Worker must enter a cure date equal to the last day of the Sanction Penalty Month.

Example #1: An individual’s sanction for non-compliance becomes effective in April (Sanction Penalty Month). The TANF case closed March 31 due to excess earned income and would have closed for excess income even if the sanction had not been imposed.  The household reapplies for TANF in April. The April application must be denied as the household continues to be retrospectively budgeted and has excess income. The sanctioned individual cannot begin a POP in April.

 

On May 1, the household reapplies for TANF. Since the reason for the March 31 case closure meets the exception, a referral to JOBS or Tribal NEW must be made to complete a POP. If the individual completes a POP and the household is otherwise eligible, TANF benefits can be authorized for May (which would have been the Month of Ineligibility had this not met the exception criteria).

 

Example #2: An individual’s sanction for non-compliance becomes effective in April (Sanction Penalty Month). The TANF case closed March 31 due to excess earned income and would have closed for excess income even if the sanction had not been imposed. The individual began a POP period in March and successfully completes it in April. The household reapplies for TANF in April. The April application must be denied as the household continues to be retrospectively budgeted and has excess income.  

 

On May 1, the household reapplies for TANF. Since the reason for the March 31 case closure meets the exception, a referral must be made to JOBS or Tribal NEW. Since the individual completed the POP in April, if the individual meets TANF Up-front and the household is otherwise eligible, TANF benefits can be authorized for May (which would have been the Month of Ineligibility had this not met the exception criteria).