723-6          OTHER PENALTY INFORMATION

723-6 A.     NOTICE REQUIREMENT

Before an individual can be penalized, they must be given:

1. Written notice that explains:

• The requirement they must meet;
   

• The activity that must be completed and when it must be completed; and
   

• The consequence of not meeting the requirement.

2. An adequate amount of time (10 days, at a minimum) to meet the requirement.

Before a penalty takes effect, applicants must receive adequate notice, and recipients must receive a timely notice of adverse action. Both applicants and recipients must be given the opportunity to demonstrate good cause for not meeting the program requirement.

723-6 B.     PAYEE REQUIREMENT

When a parent or caretaker fails, without good cause, to cooperate with CSSD Child Support Services Division , to sign over child support received on behalf of a dependent child, or to participate in assigned work activities, the family's cash assistance must be paid to a protective payee.  See manual section 780-9.

Note:  

There is no payee requirement for failure to comply with the FSSP Family Self-Sufficiency Plan requirement.

723-6 C.     PENALTIES FROM OTHER STATES

Penalties imposed by other states do not transfer to the Temporary Assistance program, and an individual is not required to serve the remainder of any other state's penalty while receiving Temporary Assistance.

723-6 D.     CHANGES IN HOUSEHOLD COMPOSITION

Penalties are assessed against individuals. When an individual joins or leaves an assistance unit, their penalty follows them.

For applicant households:

If a penalized individual joins or leaves an assistance unit after the date of application but before eligibility is determined and benefits authorized, this change must be included in the initial determination.

For recipient households:

• If a penalized individual enters an assistance unit the individual brings their penalty with them.  Allowing for adverse action notice requirements, the penalty affects the assistance unit at the start of the benefit month that follows the participant’s entry into the household.
   

• If a penalized individual moves out of an assistance unit, this change affects the remaining family members the month after the penalized individual leaves.