1014-3           DISQUALIFICATION

Disqualifications are different from penalties. Disqualifications result in removing someone or everyone from the Temporary Assistance case.

1. Types:

1. Intentional Program Violation (IPV) (ATAP Manual Section 793-4) results in a removal of the individual who has committed fraud from the ATAP case. The case remains open and other family members continue to receive assistance.

2. Job Refusal or Job Quit (ATAP Manual Section 722-6) results in removal of the entire family from the ATAP case; because all family members are disqualified, the case closes.

2. Participation expectations:

1. IPV Intentional Program Violation – Clients serving and IPV must continue working with their case manager and must adhere to the work services participation requirements. Failure to develop an FSSP Family Self Sufficiency Plan, Follow-through on activities of cooperate with CSSD Child Support Services Division will result in penalty. If the penalty is set before the IPV, the IPV is postponed until the penalty is resolved. If the IPV is set before the penalty, the IPV is suspended while the other penalty is in effect. (ATAP Manual Sections 793-4D and 793-4E). Case Managers must demonstrate due diligence in reaching out, engaging and monitoring clients who are serving an IPV.

2. There are no participation expectations under a Job Refusal or Job Quit disqualification. The ATAP Alaska Temporary Assistance Program benefits are terminate during the disqualification period. The case cannot reopen until the disqualification period is complete. The case will be referred to work services if the family reapplies for assistance.

3. Timeframe:

1. IPV Intentional Program Violation –An Individual is disqualified from Temporary Assistance for intentional program violations for: 

•  Six months for the first violation; 

• Twelve months for the second violation; and 

• Permanently for the third violation.

IPVs from other states or other programs are considered in determining the length of each IPV.  (ATAP Manual Section 793-5A)

2. Job Quit  - An individual is disqualified for refusing or separating from suitable employment for: 

• One month for the first refusal or separation; 

• Six months for the second refusal or separation; and 

• Twelve months for the third and subsequent refusal or separation.

For the purpose of imposing the disqualification for refusing or separating from suitable employment, a month is 30 calendar days.  (ATAP Manual Section 722-5)

4. Good cause:

1. IPV – There is no good cause for an Intentional Program Violation.

2. Job Quit – (ATAP Manual Section 723-1C) for good cause.   Clients will be encouraged by their Case Manager to call if they experience any difficulty while on the job.  A case manager and/or job developer will be available to be in touch with the employer throughout a client’s employment.  Whenever possible, a job quit should be avoided by assisting with additional training or assignment to alternate tasks.  If Good Cause exists, the case manager will note the good cause and criteria in CANO.

5. Resolving:

1. IPV – a change in the household composition may resolve the IPV.  (ATAP Manual Section 793-5B)

2. Job Quit – Job Quit disqualifications continue  after the case closes.  When the appropriate amount of time has passed, the client can reapply for benefits.  The case manager will discuss the circumstances under which the job ended and plan with the client for alternative choices in the future.

6. Ending or Deleting a Disqualification:

1. IPVs can only be appealed through a court of law.  (ATAP Manual Section 793-3)

2. Job Quit disqualifications can be deleted from a client’s record if they meet the criteria. (ATAP Manual Section 722-3)