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Chapter: 1400 Technical Requirements Program: FS 26
First violation: The non-compliant individual is ineligible for a minimum of one month.
Second violation: The non-compliant individual is ineligible for a minimum of three months.
Third violation: The non-compliant individual is ineligible for a minimum of six months.
If a non-compliant individual complies before the effective date of the sanction period whether the 10-day time period in the notice of adverse expires, do not impose a sanction.
If, at the end of the minimum sanction period, the non-compliant individual does not meet an exemption, and is still not complying with the SNAP E&T requirements, the individual remains ineligible for food stamps until compliance.
If a non-compliant individual joins another AG as payee/head of household, the entire new AG is ineligible for the remainder of the sanction period. If the individual joins another AG and the individual is not the payee/head of household, the individual is an ineligible member of that AG for the remainder of the sanction period.
When an individual refuses or fails to comply with work requirements without good cause at initial application or recertification, the individual is ineligible until the individual meets the requirement because compliance is a condition of eligibility. 1410.1918 Good Cause Reason not Provided (FS) If non-compliance, without good cause, occurs prior to the last month of the certification period, the sanction period begins the first month following the expiration of the adverse action notice, unless the individual requests a fair hearing. If the timing of the adverse action notice is such that we cannot impose the sanction prior to the end of the certification period, the sanction begins the first month in which we can give ten days adverse action notice even if the case closes prior to the start of the sanction period. The sanction period continues while the case is closed. 1410.1920 Circumstances under Which a Sanction Can Be Lifted (FS) Exemption Changes:
A sanctioned individual who becomes exempt from work requirements may reapply for food stamps and TCA.
TCA - When a sanctioned individual files an application and is now exempt, lift the sanction. If the individual becomes mandatory again, they are once again subject to the requirements for compliance and the remaining sanction period they did not serve.
Food Stamps - If a sanctioned individual reapplies and is exempt from work requirements, lift the sanction. Do not apply Riverside policy during periods when a non-compliant individual is exempt. For food stamps, the eligibility staff determine if the sanctioned individual is now exempt and whether to lift the sanction.
Eligibility Changes:
Once an individual is serving a sanction for food stamps due to a TCA related sanction, the sanctioned individual must serve the food stamp sanction period unless they become exempt, or the RWB or their designee determines the individual had good cause for non-compliance with TCA related work requirements.
Individuals serving a sanction for food stamps due to noncompliance with TCA related work requirements cannot have a sanction lifted simply by opting not to receive TCA.