Disqualification Time Frames 430-05-40-40-05

(Revised 11/01/04 ML2941)

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For new applicants, the disqualification period will begin with the date of application.

 

For ongoing cases, once a determination that good cause does not exist has been made, the worker must send the household a 10-day advance notice. The disqualification period begins with the first month following expiration of the 10-day advance notice period, unless a fair hearing is requested.

 

If the individual complies with the requirement during the 10-day advance notice period or prior to the effective date of the disqualification, the proposed disqualification is cancelled and is not counted as a violation.

 

If the worker fails to act timely to disqualify an individual for non-compliance with a work requirement, the worker must implement the full disqualification and establish a claim based on 10-10-10 procedures.

 

For any individual who fails to comply with the work requirements, the disqualification time frame is one month. This disqualification continues until the individual complies with the requirements for participation or becomes exempt.

 

A disqualified individual may be permitted to resume participation during the disqualification period (if otherwise eligible) by becoming exempt from work requirements or complying with the work requirements.

 

Once the disqualification period has been served, the completion of Form SFN 385, Affidavit for Food Stamp Work Requirements  does not negate the disqualification.

 

The disqualification continues on closed cases until the individual becomes exempt from the work requirement or complies with the work requirement.

 

Examples:

1. An individual quits a job without good cause. The individual must obtain employment of at least 30 hours per week, employment that is equal to 30 hours per week times the federal minimum wage or become exempt.
2. An individual initially applied for food stamps on December 27 and is interviewed on January 15. During the interview it was determined that the individual quit a job without good cause on December 20 but has obtained employment on January 3.

The application must be denied for the month of December as the individual quit a job without good cause and applied in the month of December. As the individual obtained new employment in January, the same application must be used for the month of January.

3. An individual quits a job without good cause and is disqualified from the Food Stamp program. At a later date the household (including the disqualified individual) applies for and is found eligible for TANF. The individual is exempt from the work requirements based on receipt of TANF and may be eligible for Food Stamps.
4. An individual in an ongoing case quits a job without good cause and is disqualified.  In month one of the sanction, the individual reports that their five year old son moved in and they are now responsible for the care of this child. The disqualification may be ended at the end of month one, and the individual may be eligible for the next benefit month (if otherwise eligible).
5. An individual was hired to work 30 hours a week at minimum wage. Several weeks after obtaining this employment the individual was given a $2.00 per hour raise. The individual then voluntarily reduced work hours to 25 hours per week without good cause. This is NOT considered a voluntary reduction in hours as the individual is exempt from the work requirements.

If the individual was working 30 hours a week at minimum wage at the time they reduced work hours to 25 hours per week without good cause, this would be considered a voluntary reduction in hours.