723-3 ENDING A PENALTY
Once an individual expresses their intention to comply, certain activities need to be completed before the penalty is ended.
723-3 A. DETERMINING COMPLIANCE
1. Developing an FSSP or cooperating with CSSD.
Compliance occurs once the individual develops and signs their FSSP or takes action to cooperate with CSSD.
2. Work or self-sufficiency activities
To end a work or self-sufficiency activities penalty, the individual must participate in the missed activity, or an alternative activity as described below, to be in compliance. For activities such as job search, that occur over a period of time, participants may be required to demonstrate their commitment by participating in the required activity for up to:
5 days for a first failure to comply;
10 days for a second failure to comply; and
30 days for a third or subsequent failure to comply.
3. Compliance that requires participation in an alternative activity
When the activity that was originally agreed upon by the participant and case manager occurs only weekly or monthly (e.g., vocational counseling), is no longer available (e.g., a special training opportunity), or is no longer appropriate, the Work Services case manager works with the participant to identify an alternative activity to demonstrate compliance.
The alternate activity may be one that is already included in the family's FSSP, or a newly identified activity that moves the family toward self-sufficiency. If necessary, the family's self-sufficiency plan is updated to include the new activity. The individual may be required to participate in the alternative activity for a period of time, as outlined in subsection 2 above.
Benefits are restored to the date the individual stated their intent to comply, or the date they actually comply, whichever is earlier. The penalty end date entered into the system must be the day prior to the compliance date that was determined by either the client’s case manager or CSSD.
The case manager will work with the participant to clearly identify an action that can be taken to comply. Compliance must begin within 10 days or benefits are not restored back to the original date of their statement of intent.
Example
1 – Ending a WA
Penalty:
Lisa Bell is serving her first WA
penalty for not performing her work activities as she previously agreed
upon in her FSSP. Her
Work Services case manager was able to verify that Lisa started performing
her work activities again on Monday, 7/7/19 and she had complied with
performing 36 hours of work activities by Friday 7/11/19.
Lisa’s case manager notified DPA
by setting an alert and entering a CANO
saying that Lisa’s WA
penalty should be ended and that her date of intent was 7/07/2019. The
caseworker ends her WA
penalty by entering the end date of 7/06/2019 in EIS,
issues a supplemental ATAP
benefit for the month of July, and restores full benefits for the month
of August.
Example 2 – Ending
an SS Penalty:
Chris Davis has an SS
penalty that went into effect on 5/1/19. It was previously requested
by his Work Services case manager on 4/16/19 after he missed his appointment
to develop an FSSP on
4/10/19.
Chris developed and signed a current FSSP
on 5/7/19. The Work Services case manager entered a CANO and set an alert requesting the
SS penalty be ended and
states that Chris developed a current FSSP
on 5/7/19.
The caseworker ends the SS
penalty by entering the end date of 5/6/19 in EIS,
issues a supplemental ATAP
benefit for the month of May, and restores full benefits for the month
of June.
Example 3 – Deleting
an SS Penalty:
Barry Williams has an SS
penalty scheduled for June of 2019, it was previously requested by his
Work Services case manager on 5/12/2019 after he missed his appointment
to develop a new FSSP
on 5/11/2019.
Barry developed and signed his FSSP
on 5/30/2019, but his case manager wasn’t able to inform DPA until 6/02/2019 because it was late
in the afternoon when they developed the FSSP.
The caseworker receives an alert and CANO
on 6/02/2019 stating Barry developed his FSSP
on 5/30/2019. The caseworker deletes the SS
penalty from Barry’s case, issues a supplemental ATAP
benefit for June, and restores full benefits for the month of July.
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