602-1 K.     WORK REQUIREMENT DISQUALIFICATION PROCEDURES

1. Take action to disqualify the household member when:

1. A household member exempt from work requirements due to TANFTemporary Assistance for Needy Families reasons fails to comply with a TANFTemporary Assistance for Needy Families requirement.
    

2. A household member exempt from work requirements due to UIBUnemployment Insurance Benefit reasons fails to comply with a UIBUnemployment Insurance Benefit requirement.
    

3. A household member who is not exempt from work requirements voluntarily and without good cause quits a job.  See MS 602-1I.
    

4. A household member who is not exempt from work requirements voluntarily and without good cause reduces work hours to less than 30 hours per week.  See MS 602-1I.
    

5. A household member who is not exempt from work requirements fails to provide information to allow a determination of their employment status or job availability.  See MS 602-1F.

2. Work Requirement Non-compliance Disqualification Period

a. When a household member fails to comply with a SNAP work requirement, the member is disqualified for:

• One month, for the first non-compliance;

• Three months, for the second non-compliance; and,

• Six months, for the third and subsequent non-compliance.
   
   

Example:

A household member fails to comply with a UIBUnemployment Insurance Benefit requirement without good cause and so is disqualified for one month.  A few months later, he quits a job without good cause.  This is his second work requirement non-compliance so he is disqualified for three months.

b. Disqualified household members are treated as excluded household members.  See MS 605-2B.

c. The caseworker sends a notice of adverse action prior to disqualifying the household member.  The disqualification takes effect the first month following the expiration of the notice of adverse action, even if:

• The benefits increase as a result of the disqualification.

• The case worker does not act timely to disqualify the household member and the penalty is applied while the case is closed.  The notice of adverse action is sent when it is discovered the penalty was not applied.

Exception:  

If the non-compliance, voluntary quit, or reduction in work hours occurs or is determined in the last month of the certification period, the disqualification takes effect the first of the next month, regardless if the household recertifies.  In these situations, notice of adverse action is not required.

d. When a one-person SNAP household is disqualified for one month as a result of failing to comply with a work requirement, the case is closed, not suspended.  Use EISEligibility Information System notice F437, FSFood Stamp Case Closed Work Requirements.

3. Avoiding or Ending Disqualification

Eligibility may be re-established before or during the disqualification period when the disqualified person becomes exempt from work requirements, (not including exemptions for TANFTemporary Assistance for Needy Families and UIBUnemployment Insurance Benefit ).

Eligibility may be re-established before the disqualification period if the disqualified person complies with the work requirement before the penalty begins.  Eligibility will not be re-established after the disqualification period begins, even if the person complies with the work requirement.

Example:

On May 15th, the caseworker enters on EISEligibility Information System a disqualification penalty effective June 1.  On May 20th, the client complies with the work requirement.  Since the client complied before the effective date of the penalty, he is now eligible.  The caseworker removes the disqualification penalty from EISEligibility Information System .  It is not considered in the accumulation of penalties.  

4. Member Complies with Work Program Requirement

The adverse action notices, FSFood Stamp Case Closed Work Requirement (F437), and Member Disqualified Work Requirement (F708), contain the date the penalty begins, length of the disqualification; name of the disqualified person; the work requirement and the action needed to comply.

If the person decides to comply, the person must contact the case worker. Once compliance is confirmed, the case worker will take action to reopen the case or reinstate the household member.  These actions must be taken before the effective date of the penalty to avoid the proposed disqualification.  This policy applies to all disqualifications, including those resulting from noncompliance with TANFTemporary Assistance for Needy Families work requirements.

5. Disqualification:  Household Composition Changes

If the disqualified person joins another household, this person is treated as an excluded household member in the new household until the disqualification period ends.  See MS 605-2B.

6. Reinstatement After Disqualification Period Ends

A person penalized for noncompliance is added to the case effective the first month following the end of the disqualification period, if eligible.

7. Fair Hearing

Households may request a fair hearing to appeal the denial, reduction, or termination of benefits as a result of a work requirement disqualification.