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13310 PENALTIES FOR NON-COMPLIANCE

Non-exempt individuals who do not comply with work registration regulations are not eligible to receive SNAP benefits. If the individual is sanctioned, he/she is considered an excluded household member. If an individual becomes exempt from work registration, his/her sanction will terminate, and eligibility may once again be established for that individual. Work registration sanctions must be imposed with 10-day adverse action notice if a household member fails work registration requirements during the household’s certification period. The time frame for all work registration sanctions statewide are: A. ONE month for the first occurrence: B. SIX months for the second occurrence; and C. TWELVE months for the third and subsequent occurrences.

The household is entitled to a notice of adverse action and may appeal through the fair hearing process. The disqualification period will begin the first month following the expiration of the adverse action period unless the household complies or requests a fair hearing. A disqualification may be imposed after the end of a certification period thus a notice of adverse action (NCOM notice, for example) must be sent whenever the Specialist becomes aware of an individual’s non- compliance during a month they participated in SNAP. The disqualification period may begin after the certification period expires even if the household has not renewed their benefits. If the household reapplies during the disqualification period, the sanction continues until the end of the time period unless the individual is exempt from work registration requirements.

13311 EXAMPLES - PENALTY PERIODS

The following examples explain how to decide when the penalty period begins and ends. Individuals are removed from benefits the month following the expiration of the adverse action time period. Individuals are added to the household the month following the month the sanction ends, or the individual becomes exempt from work registration.

Notice of sanction may be sent using SPEC C NCOM for situations in which the case is closed or when ACCESS will not allow the Specialist to update the MEMS panel (usually when the sanction must be imposed the month following the month of receipt due to the 10 day adverse action time frames). The NCOM notice allows the Specialist to easily send a 10 day adverse action notice as soon as the notice to sanction is received. Households are also notified of the sanction when the MEMS panel is updated, and when eligibility results are approved if a household member has been disqualified.

When the Specialist updates the MEMS panel with a “28” or “30” sanction code, an automated notice is sent to the household the following day. It is important that the MEMS panel is updated 10 days prior to the end of the month to meet 10 day adverse action notices.

Example: On March 15, the benefits specialist receives verification from a wage verification form, that a non-exempt recipient voluntarily quit employment. After discussion with the recipient, the benefits specialist determined good cause did not exist. The MEMS panel must be updated by 10 day adverse action time frames, which is March 20, with a “30” code. The penalty period begins April 1 and continues until expired, or the individual becomes exempt from work registration.