WAG 03-13-04: Penalty for Refusal or Failure to Comply

PM 03-13-04.

revised text

At Application 

For noncompliance with "revolving door" requirement, use TAR 63 to deny cash if all persons are required to be in the filing unit. If one or more persons are not required to be in the same filing unit with the noncooperating person, use TAR 63 to deny cash for the person and those required to be in the same filing unit. Approve TANF for persons not required to be in the same filing unit, such as nieces, nephews, and grandchildren whose parent is not in the filing unit. Register and approve a Medical case for the persons who were denied cash.

See WAG 02-09-01 for noncooperation with RSP development.

Active Cases

Refusal to Comply

When a client in an active case states that they refuse to meet the activity compliance requirements, do the following.

  1. If the client is required to be in the TANF unit, SWAP the cash case to Medical using TA 81 or TA 82/TAR 93 (see WAG 18-02-02).
  2. If the client is not required to be in the TANF unit, delete the person using TA 34/TAR 19. Add them for SNAP only. If the person is the payee and the case does not have SNAP, add them as the non-receiving RPY payee. Set up a Medical case for the person.

When the client later states they are now willing to meet the activity requirement, do the following.

  1. (Client) Signs written request for cash benefits.
    1. If the entire TANF unit is on a All Kids Assist or Moms and Babies case, the client signs Request for Financial Assistance (Form 2905).
    2. If the family is on a TANF cash case and the client is on Medical, the client signs Request for Assistance for Additional Family Member (Form 243).
  2. (Worker/Client) Agree on an activity the client can do within 14 days to show cooperation with the activity requirement.
  3. (Worker) Take appropriate action on the request for cash.
    1. If the client cooperates with the activity requirement, SWAP the Medical case to Cash (see WAG 18-02-01) if the entire TANF unit is on a All Kids Assist or All Kids Moms and Babies case.
    2. If the client cooperates with the activity requirement and the family is on a TANF cash case and the client is on Medical, cancel the separate Medical case and add the client to the active Cash case.
    3. If the client does not cooperate with the activity requirement, deny the request for cash benefits.

If the requirement involves a mental health referral, assessment, or treatment plan:

  1. Contact the mental health service provider/liaison to determine if the client is capable of following through with the requirement.
  2. Take appropriate action.
    1. If the mental health service provider advises that the client is incapable of follow-through with the requirement, revise the Responsibility and Services Plan.
    2. If the mental health service provider advises that the client is able to follow through with the requirement, hold a reconciliation meeting with the client (see PM 03-13-04-b). Impose a sanction if reconciliation is unsuccessful.

Failure to Comply

When a client in an active case fails to meet the activity compliance requirements, do the following.

  1. Conduct a reconciliation meeting with the client (see PM 03-13-04-b).
    1. If the client does not show up for the reconciliation meeting, impose a sanction.

Determine if the client had good cause for failure to meet the activity requirement (see PM 03-13-04-a).

  1. If the client had good cause, do not impose a sanction.
  2. If the client did not have good cause, but is willing to cooperate, decide on an activity the client can do within 14 days to show cooperation.
    1. If the client completes the agreed-upon activity, do not impose a sanction.
    2. If the client does not complete the agreed-upon activity, impose a sanction if the client does not have good cause.
  3. If the client did not have good cause and is unwilling to cooperate, impose a sanction.

If the requirement involves a mental health referral, assessment, or treatment plan, do the following:

  1. revised textContact the mental health service provider or liaison to determine if the client is capable of following through with the requirement.
  2. Take appropriate action.
    1. If the mental health service provider advises that the client is incapable of follow-through with the requirement, revise the Responsibility and Services Plan.
    2. If the mental health service provider advises that the client is able to follow through with the requirement, hold a reconciliation meeting with the client (see PM 03-13-04-b). Impose a sanction if reconciliation is unsuccessful.