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West Virginia Income Maintenance Manual Chapter 14

West Virginia Income Maintenance Manual Page 27 Chapter 14 Work Requirements

14.8.2 SUBSTANCE ABUSE SANCTION Any applicant who refuses a Drug Use Questionnaire, DFA-WVW-DAST-1, or a drug test is ineligible for WV WORKS assistance. Any applicant who provides false information on the Drug Use Questionnaire is ineligible for WV WORKS assistance for 12 months. He must also be referred to repayments for benefits overpaid due to the false information. The false information must be from evidence and not hearsay. Any applicant who has a positive drug test and who fails to complete or refuses to participate in substance abuse treatment and counseling and job skills program is ineligible for WV WORKS until he is enrolled in these programs. Once he can document successful completion, he may reapply for those benefits six months after the completion and must submit to random drug testing. Upon a second positive drug test, the individual must complete a second substance abuse treatment and counseling and job skills program. These individuals shall be ineligible for WV WORKS for twelve months or until he completes a substance abuse treatment and counseling program and a job skills program whichever is shorter. Upon a third positive drug test, the individual is permanently ineligible for WV WORKS. In any of the above situations the applicant is considered a non-recipient work-eligible individual and must choose a protective payee for the WV Works payment for the other members of the WV Works AG. 14.8.3 ADVANCE NOTICE All benefit terminations due to imposition of a sanction require advance notice. See Chapter 9 the sanction is effective. Once a period of ineligibility is imposed, i.e. after expiration of the 13-day advance notice period, the ineligibility remains in effect for the pre-determined number of months, regardless of case status.