Disqualification Time Frames for BEST 430-05-40-55-45

(Revised 10/01/18 ML 3532)

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IM 5386

Amended IM 5386

 

 

The following disqualification time frames apply for failure to comply with BEST.  Before disqualifications are applied to BEST participants, the conciliation period must be followed.  The disqualification must be entered on the WORS screen in TECS and the reason for the disqualification must be documented in the case narrative.

 

The disqualification begins the first day of the month after the Notice of Adverse action, Notice F425 - BEST Non-Compliance or the F733-Decrease in Benefits-Non Compliance with BEST was sent to the household, unless the individual requests a fair hearing.

1. First Violation:

A one-month disqualification must be served (from the date the disqualification becomes effective).  The disqualification continues until the individual complies with the BEST requirements for which the disqualification was imposed or becomes exempt.

2. Second Violation:

A three-month disqualification must be served (from the date the disqualification becomes effective) and continues until the individual complies with the BEST requirements for which the disqualification was imposed.  If an individual becomes exempt during the disqualification period eligibility must be reestablished.

3. Third Violation:

A six-month disqualification must be served (from the date the disqualification becomes effective).  The disqualification continues until the individual complies with the BEST requirements for which the disqualification was imposed or becomes exempt.  If an individual becomes exempt during the disqualification period eligibility must be reestablished.

 

Disqualifications imposed because of non-compliance with BEST or NDWORKS program requirements are cumulative.

 

Example:

An individual living in Cass County was disqualified for failure to comply with the BEST requirements and a one-month disqualification was imposed. The individual moves to Grand Forks County six month later and is required to comply with the NDWORKS program. The individual fails to comply with the NDWORKS program requirements. The individual must be disqualified for 3 months.

 

If the individual complies with the BEST requirements for which the disqualification was imposed, the individual can be eligible after the disqualification time frame has been served.

 

If the individual becomes exempt during the disqualification time frame, the disqualification time frame must be ended and the individual can be eligible beginning the month following the month they became exempt. The reason the individual became exempt must be documented in the case narrative.

Once a disqualification is imposed:

• If an individual in an ongoing case is disqualified and:

• Complies during the disqualification period, they must serve the one, three or six month disqualification before they can become eligible.

• Becomes exempt, the individual can be eligible the following month. The reason the individual became exempt must be documented in the case narrative.

• If the case closed and the individual is reapplying and:

• Has complied, they must serve the one, three or six month disqualification before they can become eligible.

• Is exempt, the individual is eligible at the point of application. The reason the individual is exempt must be documented in the case narrative.

A BEST disqualification may be imposed after the end of a review period. Notice F425 – BEST Non-Compliance must be sent whenever the county becomes aware of a client’s noncompliance with the BEST Program, even if the disqualification begins after the review period expires and the household has not completed their review. The disqualification must be for non-compliance while the case was open.