Job Opportunities and Basic Skills (JOBS) and Unemployment Compensation 430-05-40-45

(Revised 08/01/07 ML3095)

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The following provisions apply to both BEST and non-BEST counties.

 

An individual in receipt of TANF or an individual in receipt of UIB is disqualified from the Food Stamp Program for failure to comply with JOBS/Tribal NEW/Pathways to Work or UIB requirements. Based on discussion with the State Job Service Office and requirements for receipt of unemployment benefits, there is no failure to comply with UIB requirements. The individual simply does not receive a benefit.

 

Exceptions:

  1. If an individual is exempt from the Food Stamp work requirements for a reason other then receipt of TANF or UIB.
  2. When an existing uncured sanction is bypassed for Diversion months and the sanctioned individual's needs are included in the Diversion Assistance benefit, the individual must be included in the Food Stamp benefit.  If the existing sanction is processed when a TANF application is entered after the Diversion Assistance case closes and the individual is subject to the sanction for TANF, the disqualification applies for Food Stamps.

Example:

A TANF/FS household includes an individual who is sanctioned for TANF and as a result is disqualified for FS and the gross TANF grant is counted in determining eligibility and level of benefits for FS.  The TANF case closes.  The FS case continues and the individual remains DW for FS and the TANF grant is removed.  

 

The household re-applies for TANF and is eligible for Diversion Assistance.  The sanctioned individual’s needs are included in the Diversion Assistance grant.  Since the individual is eligible for Diversion Assistance the disqualification for FS must be ended and the individual included in the FS case.  The Diversion Assistance grant is counted for FS.  

 

The Diversion Assistance case closes.  The household reapplies for TANF and the individual is ineligible for TANF because of the outstanding JOBS sanction.  The individual must be disqualified for FS.  

 

If an individual is sanctioned for TANF due to non-compliance with JOBS/Tribal NEW and they do not fully complete a proof of performance (POP) prior to or on the second to the last working day of the sanction penalty month, a TANF benefit must not be anticipated for the next month.  

 

If an individual fully completes a POP prior to or on the second to the last working day of a month, a TANF benefit must be anticipated for the next month.

 

Examples:

  1. An individual is scheduled to complete their POP on August 28 (the second to the last working day of the month).  At 4:00 p.m. on August 28, the JOBS/Tribal NEW coordinator calls to inform the county that the client successfully completed their POP that day.  Because the client fully completed a POP prior to or on the second to the last working day of the month, a TANF benefit must be anticipated for the next month.  
  2. An individual is scheduled to complete their POP on August 29, (the last working day of the month).  Because the client has not fully completed the POP prior to or on the second to the last working day of the month, and the client may not be successful in completing the POP, a TANF benefit must not be anticipated for the next month.  
  3. An individual begins their POP on August 29, (the last working day of the month).  Even though JOBS policy allows a client’s TANF case to be reverted to open if they successfully complete the POP that started in the sanction penalty month, a TANF benefit must not be anticipated for the next month.

 

If an individual is sanctioned by TANF, the TANF grant prior to the reduction is counted in calculating the food stamp benefits.

Example:

Mom is sanctioned for non-compliance with a JOBS/Tribal NEW requirement. Mom’s needs are removed from the grant and the grant is reduced from $500 to $400. When calculating food stamp level of benefits, a disqualification is imposed and the grant amount of $500 is counted as unearned income.

 

An individual disqualified from the Food Stamp program for failure to comply with TANF or UIB can regain eligibility during the disqualification period if they comply with the TANF or UIB requirements or become exempt.

 

Examples:

  1. Ongoing TANF only case. Mom fails to comply with JOBS/Tribal NEW and is sanctioned for TANF effective December. January 3 the household applies for FS. Mom remains sanctioned for TANF. There is NO TANF related disqualification for FS because Mom was not in receipt of FS at the time the TANF sanction was imposed. Mom is subject to the FS work requirements as her needs are NOT included in the TANF grant due to the sanction. Mom must register for work unless otherwise exempt.
  2. Ongoing TANF only case. In November Mom fails to comply with JOBS/Tribal NEW and is sanctioned for TANF effective December. December 23 the household applies for FS. There is NO TANF related disqualification for FS because Mom was not in receipt of FS at the time the TANF sanction was imposed. Mom is subject to the FS work requirements as her needs are NOT included in the TANF grant due to the sanction. Mom must register for work unless otherwise exempt.
  3. Ongoing FS only case. Mom is work registered for FS. January 3 Mom applies for TANF and is eligible. Mom is now exempt from the work requirements. In February Mom fails to comply with JOBS/Tribal NEW. A sanction is imposed for TANF effective March. Mom is disqualified for FS effective March, as she does not meet any other work requirement exemptions. The TANF case closes effective March 31. The JOBS/Tribal NEW related disqualification continues for FS until Mom either becomes exempt from a FS work requirement or reapplies for TANF and complies with JOBS/Tribal NEW.

The FS case closes effective May 31 for failing to provide information. Mom reapplies for FS only on June 20. The JOBS/Tribal NEW related disqualification continues for FS until Mom either becomes exempt from a FS work requirement or reapplies for TANF and complies with JOBS/Tribal NEW.

  1. Ongoing TANF/FS case. In December Mom fails to comply with JOBS/Tribal NEW and is sanctioned for TANF effective January. Mom is also disqualified for FS effective January, as she does not meet any of the exemptions from the work requirements.

On December 27 Mom requests in writing her FS case close effective December 31. TANF remains open. On January 3 Mom reapplies for FS. There is NO TANF related disqualification for FS because Mom was not in receipt of FS at the time the TANF sanction was imposed.

  1. Ongoing TANF/FS case. In December Mom fails to comply with JOBS/Tribal NEW and is sanctioned for TANF effective January. Mom is also disqualified for FS effective January, as she does not meet any of the exemptions for the work requirements. On December 27 Mom requests in writing her TANF and FS case close effective December 31. On January 3 Mom reapplies for both FS and TANF. TANF imposes a TANF JOBS/Tribal NEW related disqualification. There is NO TANF related disqualification for FS because Mom was not in receipt of FS at the time the TANF sanction was imposed.
  2. Ongoing TANF/FS case.  In December Mom fails to comply with JOBS/Tribal NEW and is sanctioned for TANF effective January.  Mom is also disqualified for FS effective January, as she does not meet any of the exemptions from the work requirements.  

TANF case closes the end of February as the only child in the case turns age 18.  Mom remains disqualified for FS until she meets an exemption from the work requirements.

 

Notices Used for JOBS/Non-Compliance

The following TECS notices are used for combination TANF/Food Stamp cases where a food stamp disqualification is being imposed:

 

BEST counties (Burleigh and Cass) must use the following notices when a food stamp disqualification is being imposed:

 

The BEST notices must be sent to households as they are automatically counted and reported to United States Department of Agriculture (USDA).