WorkFirst Sanctions - Participation
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WorkFirst Sanctions - Participation

Revised October 28, 2007

Purpose: This section describes the penalties that a TANF recipient will experience if the person fails or refuses to participate, without good cause, in the activities identified on their WorkFirst Individual Responsibility Plan (IRP).
WAC 388-310-1600WorkFirst-Sanctions

WAC 388-310-1600
WAC 388-310-1600

Effective June 1, 2006

WAC 388-310-1600 WorkFirst-Sanctions

  1. What WorkFirst requirements do I have to meet?

    You must do the following when you are a mandatory WorkFirst participant:

    1. Give the department the information we need to develop your individual responsibility plan (IRP) (see WAC 388-310-0500);

    2. Show that you are participating fully to meet all of the requirements listed on your individual responsibility plan;

    3. Go to scheduled appointments listed in your individual responsibility plan;

    4. Follow the participation and attendance rules of the people who provide your assigned WorkFirst services or activities; and

    5. Accept available paid employment when it meets the criteria in WAC 388-310-1500.

  2. What happens if I don't meet WorkFirst requirements?

    1. If you do not meet WorkFirst requirements, we will send you a letter telling you what you did not do.

    2. You will have ten days to contact us so we can talk with you about the situation. You can contact us in writing, by phone, by going to the appointment described in the letter, or by asking for an individual appointment.

    3. If you do not contact us within ten days, we will make sure you have been screened for family violence and other barriers to participation. We will use existing information to decide whether:

      1. You were unable to do what was required; or

      2. You were able, but refused, to do what was required.

    4. If you had a good reason not to do a required activity we will work with you and may change the requirements in your individual responsibility plan if a different WorkFirst activity would help you move towards independence and employment sooner. If you have been unable to meet your WorkFirst requirements because of family violence, you and your case manager will develop an IRP to help you with your situation, including referrals to appropriate services.

    5. Before you are placed in sanction:

      1. We will have a case staffing which is a meeting with you, your case manager and other people involved in your case to review your situation and make plans. At your case staffing, we will ensure you were offered the opportunity, discuss what happens if you stay in sanction, discuss how participation helps you and your family and discuss how to end your sanction. You will be notified when your case staffing is going to happen so you can attend. You can invite anyone you want to come with you to your case staffing.

      2. Effective September 1, 2006 supervisory staff will review your case and must approve the sanction.

    6. If you are sanctioned, we will actively attempt to contact you another way so we can talk to you about the benefits of participation and how to end your sanction.

  3. What is considered a good reason for not being able to do what WorkFirst requires?

    You have a good reason if it was not possible to do what WorkFirst requires (or get an excused absence, described in WAC 388-310-0500(5))  due to a significant problem or event outside your control. Some examples of good reasons include, but are not limited to:

    1. You had an emergent or severe physical, mental or emotional condition, confirmed by a licensed health care professional that interfered with your ability to participate;

    2. You were threatened with or subjected to family violence;

    3. You could not locate child care for your children under thirteen years that was:

      1. Affordable (did not cost you more than your co-payment would under the working connections child care program in chapter 170-290 WAC);

      2. Appropriate (licensed, certified or approved under federal, state or tribal law and regulations for the type of care you use and you were able to choose, within locally available options, who would provide it); and

      3. Within a reasonable distance (within reach without traveling farther than is normally expected in your community).

      4. You could not locate other care services for an incapacitated person who lives with you and your children.

    4. You had an immediate legal problem, such as an eviction notice; or

    5. You are a person who gets necessary supplemental accommodation (NSA) services under chapter 388-472 WAC and your limitation kept you from participating. If you have a good reason because you need NSA services, we will review your accommodation plan.

  4. What if we decide that you did not have a good reason for failing to meet WorkFirst requirements?

    If we decide that you did not have a good reason for failing to meet WorkFirst requirements, we will send you a letter that tells you:

    1. What you failed to do;

    2. That you are in sanction status;

    3. Penalties that will be applied to your grant;

    4. When the penalties will be applied;

    5. How to request a fair hearing if you disagree with this decision; and

    6. How to end the penalties and get out of sanction status.

  5. What is sanction status?

    When you are a mandatory WorkFirst participant, you must follow WorkFirst requirements to qualify for your full grant. If you or someone else on your grant doesn't comply and you can't prove that you had a good reason, you do not qualify for your full grant. This is called being in WorkFirst sanction status.

  6. Are there penalties when you or someone in my household goes into sanction status?

    1. When someone in your household is in sanction status, we impose penalties. The penalties last until you or the household member meet WorkFirst requirements.

    2. Your grant is reduced by the person(s) share or forty percent, whichever is more.

  7. How do I end the penalties and get out of sanction status?

    To stop the penalties and get out of sanction status:

    1. You must provide the information we requested to develop your individual responsibility plan; and/or

    2. Start and continue to do your required WorkFirst activities for four weeks in a row (that is, twenty-eight calendar days).

    3. When you leave sanction status, your grant will be restored to the level for which you are eligible beginning the first of the month following your four weeks of participation. For example, if you finished your four weeks of participation on June 15, your grant would be restored on July 1.

  8. What if I reapply for TANF or SFA and I was in sanction status when my case closed?

    1. If your case closes while you are in sanction status and is reopened in six months or less, you will start out in sanction.

    2. Effective September 1, 2006, if you come back in sanction, you will start out where you left off in sanction. (That is, if you left off in month three of sanction, you will come back on in month four of sanction.)

    3. If your case has been closed for more than six months, you will not be in sanction status if your case is reopened.

  9. What happens effective September 1, 2006 if I stay in sanction status?

    Effective September 1, 2006, if you stay in sanction status:

    1. Your case manager will review your record after you have been in sanction for at least three months in a row to make sure:

      1. You knew what was required;

      2. You were told how to end your sanction;

      3. We tried to talk to you and to encourage you to participate; and

      4. You were given a chance to tell us if you were unable to do what we required.

    2. Your case manager will invite you to a non-compliance sanction case staffing.

      1. You will be notified when your non-compliance sanction case staffing is going to happen so you can attend.

      2. Your case manager will also invite other people who are working with your family to your non-compliance sanction case staffing, like representatives from tribes, community or technical colleges, employment security, the Children's Administration or Limited-English Proficient (LEP) Pathway providers.

      3. You can invite anyone you want to come with you to your case staffing.

    3. At your non-compliance sanction case staffing, we will discuss with you:

      1. How you and your family benefit when you participate in WorkFirst activities;

      2. How you can participate, and get out of sanction;

      3. That if you continue to refuse to participate, without good cause, a sanction review panel may review your case, and decide to close your case after you have been in sanction status for six months in a row.

      4. How you plan to care for and support your children if a sanction review panel closes your case. We will also discuss the safety of your family, as needed, using the guidelines under RCW 26.44.030; and

      5. How to reapply if a sanction review panel closes your case.

    4. If you do not come to your non-compliance sanction case staffing, we will make a decision based on the information we have. We will also attempt to visit you at your home so you have another chance to talk to us about the benefits of participation and how to end your sanction.

    5. If we decide you are refusing to participate without a good reason:

      1. We will send you information about resources you may need if a sanction review panel closes your case;

      2. We will send information to a sanction review panel with a recommendation to close your case. We will only do this after a Community Services Office Administrator reviews your case to make sure the sanction is appropriate and we tried to re-engage you in the program; and

      3. The sanction review panel will review your case and make the final decision.

  10. What is a sanction review panel?

    1. The sanction review panel is a small group of people who are independent of your local community services office and do a thorough, objective review of your sanction.

    2. The sanction review panel makes the final decision about whether to close your case after receiving a recommendation from your case manager and reviewing your case to make sure the original sanction was appropriate and we made attempts to re-engage you in the program.

  11. What happens when a sanction review panel decides to close my case?

    When a sanction review panel decides to close your case, we will send you a letter to tell you:

    1. What you failed to do;

    2. When your case will be closed;

    3. How to request a fair hearing if you disagree with this decision;

    4. How to end your penalties and keep your case open (if you are able to participate for four weeks in a row before we close your case); and

    5. How your participation before your case is closed can be used to meet the participation requirement in subsection (12).

  12. What if I reapply for TANF or SFA after a sanction review panel closed my case?

    1. If a sanction review panel closes your case and you apply within six months, you must participate for four weeks in a row before you can receive cash. Once you have met your four week participation requirement, your cash benefits will start, going back to the date we had all the other information we needed to make an eligibility decision.

    2. You will not be required to participate for four weeks in a row before you receive cash if you apply after your case has been closed for six months or longer.

  13. What if my TANF or SFA is closed by a sanction review panel, reopened and I go into sanction again?

    1. When a sanction review panel closes your case, and we reopen your case, we will follow all steps in subsection (9) of this section (like the case review and the non-compliance case staffing) during your second month of sanction.

    2. The sanction review panel may close your case after you are in sanction status for three months in a row.

    3. If your case is closed, and you reapply, we will follow the rules in subsection (12) of this section to reopen your case.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

  1. Mandatory TANF / SFA WorkFirst participants are sanctioned when the person has failed or refused WorkFirst activites.  The WorkFirst Program Specialist or Social Worker determines no good cause exists for not participating in required WorkFirst activities.

NOTE: For further information on WorkFirst sanction process see the WorkFirst Handbook .

2.      Review theWorkFirst sanctioned case to see if the Basic Food Benefits should be sanctioned under the Basic Food Program rules for failure or refusal to comply with the Food Stamps E&T requirements. This applies only to non-exempt Basic Food recipients.


NOTE:

For further information on the FS E&T sanction process see the Food Stamp E/T Section G. - Disqualifications

WORKER RESPONSIBILITIES

Sanction

See the WorkFirst Handbook - Sanctions on how to process the sanction including e-JAS instructions.

  1. Determine if the person has refused or failed to participate in WorkFirst activities identified on the IRP without good cause.  This determination is made during the good cause and case staffing process.
  2. If good cause is not approved, then impose the sanction.
  3. Complete the coding in ACES and eJAS.

Non-Compliance Sanction (NCS)

 

See the WorkFirst Handbook - Sanctions on how to process the Non-Compliance Sanction (NCS) including e-JAS instructions.

  1. Review the case using the NCS case review and NCS case staffing in eJAS. (For the entire process see note below).
  2. Refer sanctioned cases in fourth consecutive month to the Sanction Review Panel.
  3. If the sanction will exceed the six months see ACES instructions below.
  4. If the SRP decides to close the case, follow the eJAS and ACES instructions below.

Non-Compliance Sanctions (NCS) Re-Applicants

A person may re-apply for WorkFirst cash assistance (TANF) or State Family Assistance (SFA) after NCS termination at any time by submitting a new application. There are different processing instructions depending when the application is received.

1.      Applications received prior to the effective date of NCS termination

Since the case is still open on the current WorkFirst cash assistance (TANF) AU through the end of the month, you must follow the following steps:

a.      Set a tickler in DMS to track the application.

b.      Refer the applicant to the WorkFirst Program Specialist (WFPS) or WorkFirst Social Worker (WFSW) to determine whether the person must meet WorkFirst participation requirements before s/he receives cash.

c.      Input the application on the 1st of the following month.

d.      If the WFPS/WFSW determines the person is no longer able to participate, deny the application, lift the sanction and re-instate benefits from the first of the following month.

2.      Applications received after the effective date of NCS termination

a.      Schedule intake interview.

b.      Refer the applicant to the WFPS/WFSW to determine whether the person must meet WorkFirst participation requirements before s/he receives cash.

3.      Applications received six months or more after the effective date of NCS termination

a.      Applicants will not be required to participate for four weeks in a row before they receive cash if they apply after their case has been closed for six months or longer. See WAC 388-310-1600 (12)(b)

b.      Enter the Re-qualifying Reason Code 'CL' (closed for 6 months) on the ACES WORK Screen.

4.      Approving applicants whose assistance was terminated under the NCS policy.

Applicants must participate for 28 days unless they have a good reason to interrupt participation. The WorkFirst Program Specialist or Social Worker will make the participation requirement determination and will communicate the outcome to the application worker.

a.      Follow these procedures to process an application:

                                                        i.            Give the person a pending letter for financial eligibility if needed and the WorkFirst participation requirement.

                                                      ii.            Refer the person (with a copy of the pending letter) to the WorkFirst Program Specialist / Social Worker to discuss the WorkFirst participation requirement.

                                                    iii.            Once the person meets financial eligibility, provide them with an updated pending letter with the following free form text:
"You have met the financial eligibility requirement. You must still meet the WorkFirst participation requirement to regain your WorkFirst cash assistance (TANF)."

                                                     iv.            If the application will exceed beyond the 30th day (standard of promptness), then enter a Delay Reason Code of WF (WorkFirst Participation) on the MISC screen in ACES. The SOP Extension Date field on the MISC screen should be updated with the date the client is expected to complete the participation requirement.

                                                       v.            After participation requirements have been met, cash benefits start from the date the person was otherwise financially eligible.

                                                     vi.            Prior to opening the case, check to see if the person received child support or CEAP that must be budgeted against the grant. We budget CEAP as countable unearned income for Cash (OA on the UNER screen) for the month they received the benefit.

                                                   vii.            The TANF open effective date cannot be earlier than the NCS termination effective date.

                                                 viii.            After participation requirements have been met, cash benefits start from the date the person was otherwise financially eligible.

b.      If the WorkFirst Program Specialist / Social Worker determines that participation is not required, they will communicate that information to the intake worker.

                                                        i.            Enter the re-qualifying code WP on the ACES WORK screen to remove the 28 day participation requirement.

                                                      ii.            Update the pending letter for any remaining financial eligibility items still needed or approve the application (if the financial eligibility criteria have been met).

                                                    iii.            After participation requirements have been met, cash benefits start from the date the person was otherwise financially eligible.

                                                     iv.            Prior to opening the case, check to see if the person received child support or CEAP that must be budgeted against the grant. We budget CEAP as countable unearned income for Cash (OA on the UNER screen) for the month they received the benefit.

                                                       v.            The TANF open effective date cannot be earlier than the NCS termination effective date.

5.      Denying an NCS application

a.      If the intake worker is notified that participation has stopped, then:

Deny the application (leave the re-qualifying reason field blank on the WORK screen). Finalize the application and add the following free form text to the denial letter:

"You haven't completed the WorkFirst 4-week participation requirement as described in your IRP. To request reconsideration, contact your WorkFirst Program Specialist or WorkFirst Social Worker."

b.      If the client requests reconsideration, then:

Instruct the person to contact their WorkFirst Program Specialist / Social Worker if they want a reconsideration. If the WorkFirst Program Specialist / Social Worker reports that there has been client contact, follow these steps depending on the information received:

                                                        i.            Deny the reconsideration if no good reason was determined.

                                                      ii.            Re-screen and approve the application (or update the pending letter if other financial eligibility elements are still needed) if no further participation is required.

                                                      iii.           Re-screen the application with SOP code if the reconsideration is granted. The Delay Reason Code field on the MISC screen in ACES should be coded with "WF" (WorkFirst Participation) if the case will exceed the 30 day standard of promptness. The SOP Extension Date field on the MISC screen should be updated with the date the client is expected to complete the participation requirement.


NOTE:

Sanction

See the WorkFirst Handbook - Sanctions on how to process the sanction including e-JAS instructions.

  1. Determine if the person has refused or failed to participate in WorkFirst activities identified on the IRP without good cause.  This determination is made during the good cause and case staffing process.
  2. If good cause is not approved, then impose the sanction.
  3. Complete the coding in ACES and eJAS.

Non-Compliance Sanction (NCS)

 

See the WorkFirst Handbook - Sanctions on how to process the Non-Compliance Sanction (NCS) including e-JAS instructions.

  1. Review the case using the NCS case review and NCS case staffing in eJAS. (For the entire process see note below).
  2. Refer sanctioned cases in fourth consecutive month to the Sanction Review Panel.
  3. If the sanction will exceed the six months see ACES instructions below.
  4. If the SRP decides to close the case, follow the eJAS and ACES instructions below.

Non-Compliance Sanctions (NCS) Re-Applicants

A person may re-apply for WorkFirst cash assistance (TANF) or State Family Assistance (SFA) after NCS termination at any time by submitting a new application. There are different processing instructions depending when the application is received.

1.      Applications received prior to the effective date of NCS termination

Since the case is still open on the current WorkFirst cash assistance (TANF) AU through the end of the month, you must follow the following steps:

a.      Set a tickler in DMS to track the application.

b.      Refer the applicant to the WorkFirst Program Specialist (WFPS) or WorkFirst Social Worker (WFSW) to determine whether the person must meet WorkFirst participation requirements before s/he receives cash.

c.      Input the application on the 1st of the following month.

d.      If the WFPS/WFSW determines the person is no longer able to participate, deny the application, lift the sanction and re-instate benefits from the first of the following month.

2.      Applications received after the effective date of NCS termination

a.      Schedule intake interview.

b.      Refer the applicant to the WFPS/WFSW to determine whether the person must meet WorkFirst participation requirements before s/he receives cash.

3.      Applications received six months or more after the effective date of NCS termination

a.      Applicants will not be required to participate for four weeks in a row before they receive cash if they apply after their case has been closed for six months or longer. See WAC 388-310-1600 (12)(b)

b.      Enter the Re-qualifying Reason Code 'CL' (closed for 6 months) on the ACES WORK Screen.

4.      Approving applicants whose assistance was terminated under the NCS policy.

Applicants must participate for 28 days unless they have a good reason to interrupt participation. The WorkFirst Program Specialist or Social Worker will make the participation requirement determination and will communicate the outcome to the application worker.

a.      Follow these procedures to process an application:

                                                        i.            Give the person a pending letter for financial eligibility if needed and the WorkFirst participation requirement.

                                                      ii.            Refer the person (with a copy of the pending letter) to the WorkFirst Program Specialist / Social Worker to discuss the WorkFirst participation requirement.

                                                    iii.            Once the person meets financial eligibility, provide them with an updated pending letter with the following free form text:
"You have met the financial eligibility requirement. You must still meet the WorkFirst participation requirement to regain your WorkFirst cash assistance (TANF)."

                                                     iv.            If the application will exceed beyond the 30th day (standard of promptness), then enter a Delay Reason Code of WF (WorkFirst Participation) on the MISC screen in ACES. The SOP Extension Date field on the MISC screen should be updated with the date the client is expected to complete the participation requirement.

                                                       v.            After participation requirements have been met, cash benefits start from the date the person was otherwise financially eligible.

                                                     vi.            Prior to opening the case, check to see if the person received child support or CEAP that must be budgeted against the grant. We budget CEAP as countable unearned income for Cash (OA on the UNER screen) for the month they received the benefit.

                                                   vii.            The TANF open effective date cannot be earlier than the NCS termination effective date.

                                                 viii.            After participation requirements have been met, cash benefits start from the date the person was otherwise financially eligible.

b.      If the WorkFirst Program Specialist / Social Worker determines that participation is not required, they will communicate that information to the intake worker.

                                                        i.            Enter the re-qualifying code WP on the ACES WORK screen to remove the 28 day participation requirement.

                                                      ii.            Update the pending letter for any remaining financial eligibility items still needed or approve the application (if the financial eligibility criteria have been met).

                                                    iii.            After participation requirements have been met, cash benefits start from the date the person was otherwise financially eligible.

                                                     iv.            Prior to opening the case, check to see if the person received child support or CEAP that must be budgeted against the grant. We budget CEAP as countable unearned income for Cash (OA on the UNER screen) for the month they received the benefit.

                                                       v.            The TANF open effective date cannot be earlier than the NCS termination effective date.

5.      Denying an NCS application

a.      If the intake worker is notified that participation has stopped, then:

Deny the application (leave the re-qualifying reason field blank on the WORK screen). Finalize the application and add the following free form text to the denial letter:

"You haven't completed the WorkFirst 4-week participation requirement as described in your IRP. To request reconsideration, contact your WorkFirst Program Specialist or WorkFirst Social Worker."

b.      If the client requests reconsideration, then:

Instruct the person to contact their WorkFirst Program Specialist / Social Worker if they want a reconsideration. If the WorkFirst Program Specialist / Social Worker reports that there has been client contact, follow these steps depending on the information received:

                                                        i.            Deny the reconsideration if no good reason was determined.

                                                      ii.            Re-screen and approve the application (or update the pending letter if other financial eligibility elements are still needed) if no further participation is required.

                                                      iii.           Re-screen the application with SOP code if the reconsideration is granted. The Delay Reason Code field on the MISC screen in ACES should be coded with "WF" (WorkFirst Participation) if the case will exceed the 30 day standard of promptness. The SOP Extension Date field on the MISC screen should be updated with the date the client is expected to complete the participation requirement.

ACES Procedures

For ACES processing on NCS cases, see ACES instructions.

 

See Disqualified or Sanctioned Assistance Unit or Client - Canceling a Sanction

 

E-JAS PROCEDURES

See the WorkFirst Handbook for information on Sanctions in e-JAS.

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Modification Date: October 28, 2007
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