The client is considered noncooperative if they:
- fail to report for the appointment with the provider (Cook Family Community Resource Centers); or
- fail to go to their Work Experience assignment; or
- don't complete some or all of their Pay-After-Performance and Supplemental Work First hours; or
- are reported by the Work Experience employer as having unacceptable performance; or
- fail to turn in Form 2329J, complete the 20 employer contacts, or attend Job Club sessions.
Failure to Cooperate
When a client fails to cooperate with their Work First assignment or fails to cooperate in supplemental activities required in addition to the Work First assignment, do the following:
- (FCRC/Provider) Contact the client in order to determine the reason for the failure to cooperate. The contact may be done over the phone or in person.
- (FCRC/Provider) Review the suitability of the Work First placement.
- If a different placement or a change in the RSP is needed, make the change and have the client initial it.
- (FCRC/Provider) Determine if the client had good cause (see PM 03-13-00).
- Client Had Good Cause
If the client had good cause for failure to cooperate, no further action is required and the client is to proceed with the instructions contained in the client's RSP. Update the RSP if needed.
Go to step 7.
- Client Did Not Have Good Cause
If the client did not have good cause for failure to cooperate:
- discuss with the client the cooperation requirement,
- make sure the client is aware of what they are to do and the consequences for their failure to cooperate (i.e., loss of cash assistance),
- monitor the client's cooperation for the next 30 days,
- give the client another chance to cooperate.
If during the next 30 days the client demonstrates cooperation, no further action is required based on the initial failure to cooperate. Go to Step 7.
If within the 30 day period the client fails to cooperate once again, in the same manner or in a different manner:
- (Provider) refers the case back to the FCRC via the Change Progress Report Form (Form 2151A) requesting that the case be SWAPPED. FCRC staff complete the SWAP.
- (FCRC) SWAP the case.
- (FCRC) To SWAP the case to Medical, use TA 81 or TA 82/TAR 37, failure to participate in Work First without good cause.
- (FCRC) Complete and send Notice of Change (Form 157).
- (FCRC) If receiving FS, continue to authorize benefits on the medical case.
- (FCRC/Provider) If after 30 days the client fails to cooperate with the Work First assignment or supplemental activities, begin once again the process of contacting the client to determine the reason for the failure to cooperate.
Example 1: Ms. S has an initial assessment appointment with the Work First provider on February 8th. She does not show up for the appointment, nor does she contact the provider about missing the meeting. The provider/FCRC worker contacts Ms. S. Ms. S did not have good cause for failing the meeting. A review of the RSP indicates no changes are needed. For the next 30 days the client cooperates. No further action is needed.
Example 2: Ms. W completed her initial assessment with the provider. She must complete 120 hours per month doing Community Service as her Pay-After-Performance activity. She does not do any of the assigned hours. An appointment is scheduled. The client appears for the meeting and she did not have a good cause reason for not completing the assignment.
The client is told of her responsibility to cooperate and the penalties for failure to do so. Within a week, the client fails to cooperate once again in completing her assigned hours. SWAP the case to Medical.
Failure to Appear for Meeting to Discuss Noncooperation
Before a case may be SWAPPED due to failure to appear for a meeting to discuss noncooperation, the client must have missed two scheduled appointments that were made in writing.
- (FCRC/Provider) Schedule an appointment in writing for the client to discuss their failure to cooperate. If the client fails to appear for the interview, send the client a second appointment notice.
- (Provider) Uses First Notice Regarding Non-Cooperation with Work First (Form 4125) and Second Notice Regarding Non-Cooperation With Work First (Form 4126) when scheduling the appointments.
- (FCRC) Use Form 1721 when scheduling the appointments.
If the client fails to appear for the second appointment:
- (Provider) Refers the case back to the FCRC via Form 2151A requesting that the case be SWAPPED. On the form, documents the failure to cooperate and the two attempts made to contact the client.
- (FCRC) SWAP the case.
NOTE: When a request is received from a Work First provider to SWAP a TANF case to medical due to failure to cooperate, review the information provided to ensure that the proper procedures have been followed before SWAPPING the case.
Client Does Not Complete All Assigned Activities
Months of noncooperation include any month the client:
- does not complete all (but does complete some hours) of their Pay-After-Performance hours and/or
- does not complete all (but does complete some) of their Supplemental activities without good cause.
- (FCRC/Provider) If a client does not complete their Supplemental activities, do not reduce the Work First payment.
- (FCRC/Provider) If the client did not complete all their Pay-After-Performance hours during the month, reduce the cash benefit.
NOTE: Figure the reduction by multiplying the hourly reduction rate (as shown on Form 4044) by the hours missed. Then subtract that amount from the cash benefit to find the new benefit amount.
- (FCRC/Provider) Follow the above procedures concerning the client's failure to cooperate.
- (Provider) Documents on the Monthly Progress Report (Form 2151A) all reasons they do not refer a client to the FCRC for noncooperation if the client did not complete all their hours (e.g., death in family, client in counseling) due to good cause.
Example 1: Ms. J completed 97 hours of the assigned 100 hours of Pay-After-Performance activity. She missed the 3 hours because she had a doctor's appointment. She was unable to make up the 3 hours during the month. She had good cause for not completing the Pay-After-Performance hours. The cash benefit is reduced for the missed hours of Pay-After-Performance activity, but she is considered cooperative.
Example 2: Ms. X completed 100 hours of the required 130 hours of her Pay-After-Performance activity. She does not have good cause for missing the 30 hours. The provider (Cook County) or the FCRC worker discusses with the client her situation, her responsibilities, and the effects of continued noncooperation. The next month Ms. X misses 20 hours of her Pay-After-Performance activity. SWAP the case to Medical.
If the client requests a SWAP back to cash and agrees to cooperate, complete the RSP for non-Work First activities. Refer the client for Work First participation after TANF approval, if it is still appropriate.
If the client responds within 10 workdays of the availability date of the stopped cash benefits, follow the instructions above for when the client keeps the appointment. SWAP the case if eligible for cash. If not eligible for cash, the case remains as Medical.