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COMBINED MANUAL

ISSUE DATE 04/2022

SANCTIONS FOR FAILURE TO COMPLY - CASH

0028.30

Do not impose a sanction when a participant complies with MFIP-ES requirements ON OR BEFORE 10 days prior to the effective date of the sanction.

Participants may cure an MFIP-ES sanction by complying with the MFIP-ES requirements as outlined below:

FOR THE 1ST OCCURRENCE OF NON-COMPLIANCE The sanction can be cured ON OR BEFORE 10 days prior to the EFFECTIVE date of the sanction. When a sanction has been imposed, it must be in effect for a minimum of 1 month and you may remove it in the month after the month the participant comes into compliance.

FOR THE 2ND OCCURRENCE OF NON-COMPLIANCE The sanction can be cured ON OR BEFORE 10 days prior to the effective date of the sanction. When the participant comes into compliance AFTER the 10-day cure time period has passed, remove the sanction the month after the month the participant comes into compliance.

3RD THROUGH 6TH OCCURRENCES OF NON-COMPLIANCE When the 30% sanction has been imposed for 1 month, ALL subsequent consecutive months in which a 10-day notice is not required may be cured up to the day prior to the effective date of the sanction. When subsequent months are not consecutive, a notice of adverse action is sent out and the sanction must be cured ON OR BEFORE 10 days prior to the EFFECTIVE date of the sanction.

7TH OCCURRENCE OF NON-COMPLIANCE (100% SANCTION - MONTH OF CLOSURE) The sanction can be cured ON OR BEFORE 10 days prior to the EFFECTIVE date of the sanction (case closure) unless good cause is granted or pre-employment activities are found to exist.

For a relative caregiver case, in which the eligible relative caregiver has opted to be included in the MFIP grant, and the caregiver has reached the 7th occurrence sanction limit, MFIP should remain open for the relative care child. For MAXIS instructions, see POLI/TEMP TE17.13 (7th Occurrence Sanction - Relative Caregiver).

Also, see TE20.07 (Reapply After 7th Occur. Sanction Examples) for a list of case examples with information on regaining eligibility after a 7th occurrence of non-compliance (100% sanction case closure).

When a case has been closed, and you then reinstate or reopen it, apply the following procedures:

CLOSED FOR LESS THAN A CALENDAR MONTH If the sanction was already in effect prior to closing, the sanction remains in place.

If the notice of adverse action was sent to the client prior to the case closing, impose the sanction immediately.

If the notice was not sent prior to closing, send the notice when the case opens. Impose the sanction for the 1st of the month for which you are able to give 10 days notice.

CLOSED FOR MORE THAN A CALENDAR MONTH DUE TO NON COMPLIANCE WITH EMPLOYMENT SERVICES WITH A NEW APPLICATION AND PROSPECTIVE BUDGETING The client must demonstrate compliance with ES requirements for up to 1 month or be granted good cause before reopening the case. Reopen the case from the date of compliance or begin date of good cause. If you approve a new application and the client again fails to cooperate, send the appropriate notices.

CLOSED FOR MORE THAN A CALENDAR MONTH FOR REASONS OTHER THAN NON COOPERATION WITH EMPLOYMENT SERVICES WITH A NEW APPLICATION AND PROSPECTIVE BUDGETING The client has a new opportunity to comply with Employment Services. Do not reduce benefits based on previous ES sanctions. If you approve the new application and the client again fails to cooperate, send the appropriate notices.

For information on type and length of MFIP sanctions depending on case circumstances, 1st or subsequent occurrence of non compliance, and dual sanctions, see 0028.30.03 (Pre 60 Month Type/Length of ES Sanctions).