723            PENALTIES

When an applicant or recipient fails, without good cause, to comply with certain program requirements, a financial penalty is imposed on the assistance unit.

A penalty is a reduction in the amount of cash assistance a family receives when an adult is able, but chooses not to comply with program requirements.

There are multiple penalty types:

CS Penalty (CS)

Caseworkers and CSEDChild Support Enforcement Division workers may determine CS penalties for non-compliance with child support assignment and cooperation requirements.  

SA Penalty (SA)

Imposed when a minor parent does not meet the school attendance requirement. A school attendance penalty is not progressive, and the amount of reduction in assistance is different than for other penalties. See ATAPAlaska Temporary Assistance Program MS 723-4A. The caseworker or Work Services case manager may determine this penalty.

SS Penalty (SS)

This penalty is determined by the Work Services case manager if/when an applicant/recipient fails to create/develop and sign an FSSPFamily Self-Sufficiency Plan. 

WA Penalty (WA)

Caseworkers may determine work exemptions at application. Work Services case managers can determine and request work exemptions and/or WA penalties at application and for ongoing cases. Non-compliance with an FSSPFamily Self-Sufficiency Plan is a WA penalty; therefore, there may be instances where an individual is exempt from work requirements but receives a WA penalty for non-compliance with their FSSPFamily Self-Sufficiency Plan. Work exempt individuals are not exempt from FSSPFamily Self-Sufficiency Plan compliance.

Other than the SA penalty, penalties are progressive and unless the individual complies, the amount of the reduction in a family's payment may increase over time.

Penalties are ended when an individual complies with the requirement, becomes exempt from the requirement, or is determined to have good cause for not complying.

This chapter includes policy for informing families about penalties, and for determining:

• Good cause;
• When to begin and when to end a penalty;
• Compliance;
• The amount of the reduction in the family's payment; and
• When a home visit is needed.

Note:

An applicant or recipient may not be penalized for failing to provide timely verification of participation when other means are available to verify that they engaged in the activity.

Verification of some activities, such a Work Search, may be required from the participant in order to confirm the applicant or recipient engaged in the activity. If required verification is not provided, then it is presumed that the individual did not participate, and a penalty may be appropriate if there is no good cause.

723 A.        PURPOSE OF PENALTIES

Penalties are intended to enforce the expectation that families meet program requirements, and to engage families in the planning and activities that will lead them to employment and self-sufficiency.

A financial penalty should be the final step in the process of promoting participation. It is only used when other efforts to engage the family have failed. If a penalty is imminent, the case manager should contact the family to determine if good cause exists, or to resolve the non-compliance before the penalty takes effect.

Communication between the Work Services case manager and caseworker is essential in this process. Clear communication about when a participant agrees to and does comply will give families positive reinforcement and encouragement to continue the process of becoming self-sufficient.

723 B.        INFORMING FAMILIES ABOUT PENALTIES

All families must be informed of the penalties for not meeting program requirements. Staff can help families become self-sufficient while avoiding penalties by explaining Temporary Assistance expectations, and the consequences of not meeting program requirements, early and often: at the time of application, during the self-sufficiency planning process, and at other meetings and contacts with the family. Each family should also be given the pamphlet, "Your Best Bet: Avoid the Penalty."