135.72 Sanctions for Failure to Comply

Sanctions are appropriate when it has been determined that a mandatory participant is willfully non- compliant and good cause does not exist. A sanction is a change in eligibility status which results in a reduction of cash benefits received by the individual or family .

55 Pa. Code § 165.61

If the sanction occurs within the first 24 months (less than 732 Act 35 days) of receipt of cash assistance, whether consecutive or interrupted, the sanction applies only to the willfully non-compliant individual.

55 Pa. Code § 165.61 (c) (1)

If the sanction occurs after 24 (equal to or greater than 732 Act 35 days) months of receipt of cash assistance, whether consecutive or interrupted, the sanction applies to the entire family.

55 Pa. Code § 165.61 (c) (2)

ESA16542135 Sanctions and SPAL Overpayments (Linked February 25, 2013)

EPP-16563-135 Effect of Noncompliance for Fines and Costs on a Currently Sanctioned Client (Linked March 11, 2013)

The Sanction period duration shall be:

First Occurrence : A person is disqualified for a minimum of 30 days or until the individual states a willingness to participate in RESET or establishes an exemption or good cause, whichever is longer. See 135.74 Ending a Sanction and Regaining Eligibility .

55 Pa. Code § 165.61(b)(1)

62 P.S. 405.1

62 P.S. 432.3

Second Occurrence : A person is disqualified for a minimum of 60 days or until the individual states a willingness to participate in RESET or establishes an exemption or good cause , whichever is longer. See 135.74 Ending a Sanction and Regaining Eligibility .

55 Pa. Code § 165.61(b)(2)

Third Occurrence : A person or budget group is permanently disqualified .

55 Pa. Code § 165.61(b)(3)

A ll third level (pre and post 24 month) sanction requests must be submitted to Headquarters via their Area Manager’s staff assistant for review after local management review and approval recommendation. Do not create ServiceNow tickets. Staff assistants should submit third sanction packets to the Bureau of Employment Programs (BEP) via email: RA-PWBEP.TANF@pa.gov

NOTE: When determining whether the period of the sanction is for the first, second or third occurrence, the CAO will disregard any sanction that began prior to the implementation of TANF in March, 1997.

A sanction does not affect Medicaid or SNAP benefits for cash assistance recipients, or Medicaid for a pregnant woman, or a child under age 21 in a household with a GA-related NMP sanctioned individual.

Sanction Modification:

Sanction negation or modification requests should also be submitted to Headquarters. Do not create ServiceNow tickets. Staff assistants should submit sanction packets to the Bureau of Employment Programs (BEP) via email:

RA-PWBEP.TANF@pa.gov

When a sanction requires a system modification to delete a previously imposed sanction entered in error for any reason, the CAO will submit the case record information and explanation for the proposed sanction modification to the Executive Director. If, after reviewing the case, the Executive Director approves the modification, the information should be emailed to BEP for approval, with a cc: to the Area Manager.

BEP will complete a review of the case and forward any approved sanction modification to ServiceNow along with an explanation for the system modification or request to negate the sanction(s). The CAO is notified about the system update via email from BEP resource account.

NOTE: CAOs are able to negate a sanction that was entered in error prior to the actual start of the sanction, by entering the end date one day prior to the begin date to negate the sanction.