Page 568

West Virginia Income Maintenance Manual Chapter 4

West Virginia Income Maintenance Manual Page 96 Chapter 4 Income

➢ Deeming Period The duration of the WV WORKS sanction is not affected by a break in SNAP certification. For WV WORKS sanctions, the income is deemed during the entirety of the sanction period. ➢ Client Notification The fact that benefits do not increase based on a decrease in income, does not constitute an adverse action. Client notification is required. ➢ SNAP Fair Hearing The AG is not entitled to a separate SNAP Fair Hearing on the issue of failure to comply. A SNAP Fair Hearing may be held on the issue of not increasing SNAP benefits when WV WORKS income has decreased. 4.4.4.I Strikers 4.4.4.I.1 Definition of a Striker A striker is an individual involved in a strike or concerted work stoppage by employees, or any slowdown or concerted interruption of operation by employees. An individual who is a part of the striking union or concerted work stoppage is considered a striker, even if he voted against the strike or concerted work stoppage, and even if he does not actively engage in strike-related activity, such as walking in a picket line. Sympathy strikers are considered strikers. 4.4.4.I.2 Determining Striker Eligibility To determine if an AG containing a striker is eligible, it is necessary to determine pre-strike eligibility and current eligibility. When the SNAP AG includes an individual who is on strike, the AG is ineligible for the duration of the strike unless:

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Page 568

Official source

West Virginia Income Maintenance Manual Chapter 4

West Virginia Income Maintenance Manual Page 96 Chapter 4 Income

➢ Deeming Period The duration of the WV WORKS sanction is not affected by a break in SNAP certification. For WV WORKS sanctions, the income is deemed during the entirety of the sanction period. ➢ Client Notification The fact that benefits do not increase based on a decrease in income, does not constitute an adverse action. Client notification is required. ➢ SNAP Fair Hearing The AG is not entitled to a separate SNAP Fair Hearing on the issue of failure to comply. A SNAP Fair Hearing may be held on the issue of not increasing SNAP benefits when WV WORKS income has decreased. 4.4.4.I Strikers 4.4.4.I.1 Definition of a Striker A striker is an individual involved in a strike or concerted work stoppage by employees, or any slowdown or concerted interruption of operation by employees. An individual who is a part of the striking union or concerted work stoppage is considered a striker, even if he voted against the strike or concerted work stoppage, and even if he does not actively engage in strike-related activity, such as walking in a picket line. Sympathy strikers are considered strikers. 4.4.4.I.2 Determining Striker Eligibility To determine if an AG containing a striker is eligible, it is necessary to determine pre-strike eligibility and current eligibility. When the SNAP AG includes an individual who is on strike, the AG is ineligible for the duration of the strike unless: