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3.6 Sanctions and Non-compliance sanction policy
The Sanctions and Non-Compliance Sanction Policy section is divided in three separate sub-sections:
- Section 3.6.1 - Sanctions describes how to make the sanction decision and work with the family during the first three months of sanction.
- Section 3.6.2 - Non-Compliance Sanction Policy describes what happens if a person decides to stay in sanction for more than three months. This section includes:
- Section 3.6.3 - NCS Reapplications describes how to process reapplications when a case has been closed by the SRP.
- 3.6.3.1 Can a person reapply for WorkFirst cash assistance once the sanction review panel has closed their case?
- 3.6.3.2 Consolidated Emergency Assistance Program (CEAP) for persons closed while in sanction by the Sanction Review Panel
- 3.6.3.3 What if a person reapplies before their case is closed?
- 3.6.3.4 How do I determine and track applicant’s participation requirements?
- 3.6.3.5 What if the person stops participating?
- 3.6.3.6. How is the application approved?
- 3.6.3.7 What if the WorkFirst Program Specialist or WorkFirst Social Worker reopens a case and the person stops participating again?
- 3.6.3.8 NCS reapplication – step-by-step guide
3.6.3 Non-Compliance Sanction Reapplications
3.6.3.1 Can a person reapply for WorkFirst cash assistance once the Sanction Review Panel has closed their case?
Yes. A person may reapply for WorkFirst cash assistance or State Family Assistance by filing a new application. If their case has not been closed for more than six months, they will need to participate for 4 weeks in a row before they get cash. The sanctioned family may be eligible for CEAP while they meet the participation requirement (see Section 3.6.3.2).
3.6.3.2 Consolidated Emergency Assistance Program (CEAP) for persons closed while in sanction by the Sanction Review Panel.
Persons closed by the Sanction Review Panel may qualify for CEAP. They are eligible to apply for CEAP under the same rules as other applicants.
To determine eligibility and authorize benefits follow the CEAP eligibility and procedures described under WAC 388-436-0015 .
3.6.3.3 What if a person reapplies before their case is closed?
A person may choose to reapply before the non-compliance sanction (NCS) end date. If so, the intake worker will accept the application and track it in DMS. The intake worker will not be able to input the application into ACES until the first of the following month. They will, however, refer the person to WorkFirst staff right away so the person can begin to meet their 4-week participation requirement immediately.
When we receive the referral from the intake worker, the WorkFirst Program Specialist (WFPS) or WorkFirst Social Worker (WFSW) will decide whether the person is able to participate.
- If the person cannot participate, notify the intake worker, lift the sanction per 3.6.1.9 and restore full benefits the first of the following month.
- If the person can participate, manually track participation until the 1 st of the following month. After the 1 st of the month, participation can be tracked in eJAS.
3.6.3.4 How do I decide and track applicant's participation requirements?
When an application is filed within 6 months of the NCS termination effective date, the intake worker:
- Decides financial eligibility.
- Pends application approval for WorkFirst participation.
- Refers the case to WorkFirst staff to find out whether the person is required to participate before they receive cash.
Once that decision is made, the WFPS or SW will let the intake worker know so they can update the application pend letter as needed. Once the person is in pending status, they will appear on the ‘NCS Reapplicant report' on the Caseload Management Report. Only the person who caused the termination will appear on the report.
The person must participate, if able, for four weeks in a row (28 consecutive days) before they will be eligible for cash benefits.
- Waive a person's 4-week participation requirement (and remove the SA or SN code) if they enter the third trimester of pregnancy. The requirement can also be waived if their situation is now severe enough that they are exempt or cannot go through a comprehensive evaluation.
- Once the participation requirement is waived, the person starts over with zero months in sanction.
- Tell the application intake worker if you lift the participation requirement so they can update the pend letter or approve the application.
If the person is able to participate
- Track the person's participation in eJAS.
- Schedule the person for a comprehensive evaluation (CE).
- Develop the person's IRP and set up supports, such as WCCC and transportation, the person needs to participate.
- Tell the application intake worker of the estimated date the person will complete participation.
If both parents in a 2-parent household were refusing to participate and caused their case to be closed, both parents will need to meet the 28-day participation requirement. The application will not be approved until both parents meet this requirement.
The day the WFPS or WFSW interviews the person counts as day one of participation. Excused absences count towards meeting the 28-day requirement. You can also credit any uninterrupted participation in month 6 up to the end of the month (or in month 3 for 2 nd or following sanctions) towards meeting the 4-week participation requirement.
A comprehensive evaluation must be done every time a person reapplies for benefits. Credit is given for the time spent completing the comprehensive evaluation towards the person's 4-week participation requirement. If the comprehensive evaluation is completed in less than 4 weeks, the person must be referred to other approved activities until the full 4 weeks of participation is completed.
Tell the application intake worker when the four-week participation requirement is met. WorkFirst cash assistance benefits start on the date the person met all other eligibility factors.
3.6.3.5 What if the person stops participating?
When you are told that an applicant has stopped participating, tell the intake worker so they can deny the application. Tell the applicant to contact WorkFirst staff if they want a reconsideration of the denied application. The WFPS or WFSW finds out if there was a good reason for interrupting participation.
Good reason may be granted if the person is determined unable to perform the required WorkFirst activities or if there are significant barriers outside their control which prevented participation as described under WAC 388-310-1600(3). Issues that may be considered good reason are:
- An unmet need for Necessary Supplemental Accommodation (NSA)
- Limited-English Proficiency (LEP) not addressed through interpreters or translations that result in the person not understanding what is required
- Emergent or severe medical condition (verified by a health care professional) of the person or a family member in their care
- Family Violence
- Immediate legal concerns
Non-participation because of unexcused absences will not be considered good reason unless there is a significant circumstance outside the person's control (such as family violence or hospitalization). This circumstance must make it impossible for the person to call in to show a good reason for stopping the 4-week participation.
If the WFPS or WFSW decides good reason exists, the request is approved and the person will be allowed to continue their participation where it left off. For example, a person stops participating on March 7th which is the 6th day of the 28-day period. On March 12th , it is determined that good reason exists and the person will start to participate again on March 15th . March 15th is now day 7 of participation of the 28-day period. The person must participate 4-weeks (28 days) regardless of the time it took to show good reason.
When you approve good reason, tell the application intake worker so they can rescreen the application, repend the case and apply Standard of Promptness (SOP) coding if applicable.
If the WFPS or SW decides good reason does not exist, the request is denied. Tell the application intake worker so they can take action. The denial stands and the intake worker will send the denial letter with free form text.
If the WFPS or SW decides that no participation is required and grants the person an exemption, tell the application intake worker. The intake worker will rescreen and approve the application if no further financial items are required to determine eligibility.
3.6.3.6 How is the application approved?
Tell the application intake worker when the applicant meets the participation requirement and remove the SA or SN code from eJAS. The intake worker approves the application back to the date financial eligibility was met.
3.6.3.7 What if a person is reopened and the person stops participating again?
Follow the sanction or NCS process; but the person will have only three months to complete four weeks of participation before the SRP may close the case again.
After following the first sanction guidelines of section 3.6.1- Sanctions the WFPS or WFSW must:
- Schedule the sanctioned person to go through the comprehensive evaluation.
- Continue to make try to reengage the sanctioned person.
- Schedule the sanctioned person for NCS case review or case staffing in the second month of sanction.
- Referrals to the SRP should be made before month two to ensure that a decision from the SRP is received by month three.
3.6.3.8 NCS Reapplication – Step-by-step guide
The intake application worker refers applicants who have been closed by a sanction review panel within the last six months to meet a 4-week WorkFirst participation requirement. Once the person is in pending status, they will appear on the ‘NCS Reapplicant report' on the Caseload Management Report. Only the person who caused the termination will appear on the report.
Once the referral is received, the WFPS or WFSW:
- Decides if the person is able to participate.
- If the person cannot participate, they tell the intake application worker so the application can be pended for financial eligibility or approved.
- If the person reapplies before the NCS termination effective date and cannot participate, notify the intake worker, lift the sanction and restore the grant effective the first of the following month per 3.6.1.10.
- If the person can participate, the WFSW or WFSW:
- Schedules a CE.
- Develops an IRP.
- Approves needed supports.
- Tracks participation.
- Tells the intake worker the estimated date the person will complete participation.
- Decides if there is good reason if the person stops participating as required and tells the intake worker of the results. If the person:
- Is no longer able to participate, they will only need to meet financial eligibility.
- Has good reason, they will pick up participation where it left off until the 28-day requirement is met.
- Does not have good reason, the application denial will stand.
- Adjusts eJAS once all participation and financial eligibility criteria are met by removing the SA or SN code.