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Chapter: 1400 Technical Requirements Program: TCA 68 1420.1922 BR Referral Due to Agency Error (TCA) If the eligibility specialist fails to apply a penalty after it is determined that an individual has not complied with work requirements and good cause does not exist, a BR referral will be completed. The first month of the penalty period is the first month that ten days advance notice can be given. 1420.1923 Penalties and Voluntary Participants (TCA) An exempt volunteer may withdraw from participation in work requirements at any time without a financial penalty. If the volunteer does not notify the RWB/or designee or eligibility specialist prior to ending participation, then the volunteer will lose priority for services if they wish to participate in the program at a later date. 1420.1924 Reinstatement of TCA after Penalty (TCA) When a penalized individual indicates a willingness to participate, the Regional Workforce Board or their designee will be responsible for determining if the individual has satisfied program requirements. The Regional Workforce Board or designee will notify the eligibility specialist when compliance has occurred.

Refer to 1420.1920 to determine when benefits can begin following compliance.

When an individual has been off of assistance 30 days or more due to a work penalty non- compliance an application is required. 1420.1925 Forgiving Prior Noncompliance (TCA) If a previously penalized individual complies for a period of at least six months, the individual is forgiven for all past noncompliance. With the occurrence of a subsequent penalty, it is handled as if prior sanctions do not exist. For example, if an individual becomes noncompliant after being in compliance for at least six months, the resultant sanction is considered to be the first noncompliance. 1420.1926 Assistance for Children under Age 16 (TCA) Upon the second, third or subsequent noncompliance with work activity requirements, Temporary Cash Assistance may be provided for a child(ren) in the family who is under age 16. Temporary Cash Assistance payments must be made through a protective payee, when the noncompliant individual is the parent payee. Once Temporary Cash Assistance is terminated, the Notice of Work Sanctions must be sent. This form notifies the assistance group of the sanction, the continuation of assistance for children under age 16 and the protective payee requirement. Follow application and date of eligibility policy and procedures to provide assistance to children under age 16.

Temporary Cash Assistance policy and procedures for protective payees should be followed to establish a protective payee for continuance of Temporary Cash Assistance. Refer to Chapter 3200 for these procedures. The pre-sanctioned Temporary Cash Assistance amount is included in the food stamp budget. 1420.1927 Caretaker Relative Cases (TCA) A caretaker relative who has failed to comply with work activity requirements may ask to have their needs removed from the Temporary Cash Assistance case and may request Temporary Cash Assistance for the child only as a child-only case. This is true regardless of the age of the child. However, if the noncompliance is the third or subsequent noncompliance, the three month penalty period must first be served. During the penalty period, Temporary Cash Assistance benefits may be provided to a child under age 16. Refer to passage 1420.1926, “Assistance for Children under Age 16”.