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Page 198 of 233 § 10:90-4.18 Intent to comply

iii. An intent to comply period of up to two weeks shall not be required of an individual currently serving a minimum penalty period who secures employment for a minimum of 25 hours per week. That individual shall be required to secure increased hours of work or attend an additional activity(ies) to meet hourly participation requirements or the sanction shall proceed as scheduled. 2. If the individual fails to participate, as designated, during the intent to comply period, the sanction shall proceed as scheduled. 3. When the county or municipal agency or the One-Stop Career Center, as appropriate, determines that the intent to comply has been satisfied, the county or municipal agency shall take action to lift the sanction and to calculate the cash assistance payment for the assistance unit from the date the minimum sanction penalty ended. 4. During the intent to comply period, the WFNJ individual shall be eligible for supportive services including child care, if appropriate, which the agency determines are necessary for participation. (b) When there is evidence that substance abuse directly contributed to an individual's noncompliance with an assigned WFNJ work activity and that individual indicates an intent to comply, a referral to the Substance Abuse Initiative (SAI) Clinical Care Coordinator (CCC) for assessment shall be offered (see N.J.A.C. 10:90-18). 1. If the SAI CCC determines that treatment is needed, the individual shall comply with an assigned treatment program for a period of two weeks to show an intent to comply. 2. If the SAI CCC determines that the individual does not need treatment, the intent to comply period shall have been met. (c) A case that closed due to a sanction for non-cooperation that is now employed may be eligible for post-TANF benefits (see N.J.A.C. 10:90-4.5). (d) The intent to comply process shall be implemented in the following manner for open cash assistance cases. 1. If the recipient contacts the case manager after the 10-day adverse action period is over but before a sanction is imposed and good cause exists for not participating, the per-capita sanction shall not be imposed. 2. If the recipient contacts the case manager after the 10-day adverse action period is over but before a sanction is imposed and good cause does not exist for the noncompliance but the recipient demonstrates an intent to comply, assistance shall be granted for the month following the one-month pro-rata sanction. 3. If the recipient contacts the case manager after the pro-rata sanction is imposed and good cause exists for not participating, the pro-rata reduction shall be restored. 4. If the recipient contacts the case manager after the pro-rata sanction is imposed and good cause does not exist for the noncompliance but the recipient demonstrates an intent to comply, assistance shall be granted for the month following the pro-rata sanction.