WAG 24-04-04: Penalty for Failure to Comply (TANF Cash)

PM 24-04-04.

When the caretaker relative fails to cooperate without a valid reason and reconciliation is unsuccessful (because the client did not come to the reconciliation meeting or failed to complete the agreement):

  1. (DCSE) Completes and sends Notice of Failure to Cooperate (Form 1611) to the Family Community Resource Center if the client fails to complete the reconciliation agreement.
  2. (FCRC) When more than one change is being made for different reasons, take separate action to insure the correct notice is sent. For example, if income is to be budgeted for the same month a noncooperative caretaker relative is being sanctioned, budget income in a separate action so the right notice will be produced.
  3. (FCRC) Apply the sanction to the cash case in which the client receives assistance. Impose the sanction by entering Item 80 code 165 CSNC through AIS, ACM, or IPACS. Use the date and reason shown on the first Form 1611 (sent prior to the reconciliation) when coding Form 552. The form lists one of the following reasons for failure to cooperate:
    • 01 You missed your meeting with the Child Support worker on (date) without a valid reason.
    • 02 You missed your meeting with the Child Support lawyer on (date) without a valid reason.
    • 03 You missed your court appointment on (date), without a valid reason.
    • 04 You failed to complete the blood test that the court scheduled you to take on (date), without a valid reason.
    • 05 You refused to sign the statement on (date) that the information you gave us about the father of your child was true and complete to the best of your knowledge, without good cause.
    • 06 You failed to cooperate in the establishment of paternity on (date) without a valid reason.

NOTE: The Family Community Resource Center may use Reason 06 to sanction an applicant or client who fails to cooperate with their efforts to establish paternity.

Impose a new child support sanction through AIS when the client fails to cooperate with Paternity Establishment during the application process. On CAF Screen 24D, SANCTIONS, on the line for the person who failed to cooperate, enter Code 165, Reason 06, the Mo/Yr of approval, and Level 1, 2, or 3 under **NEW**. Enter level 1 if the case has no sanction codes already. Enter 2 or 3 if the case has a previous sanction code(s) (165, 166, and/or 176) under **CURRENT** and has been canceled for less than a full month. Enter 2 if the highest previous sanction level is 1. Enter 3 if the highest previous sanction level is 2 or 3.

For active cases, impose a sanction through ACM or IPACS using TA 31, TAR 37. In ACM, enter Code 165 on the SANCTION INFORMATION screen, which follows the ACTIONS TO BE TAKEN screen. In IPACS, the code is entered on PAGE 7, TANF GRANT COMPUTATION, under SANCTIONS.

Item 80 Code 165 (worker-entered)

(FCRC) Enter Item 80 Code 165 with the following fields:

  • 165 (under CODE);
  • the noncooperating person's RIN (under RIN);
  • the 4-digit effective month/year of the action (under DATE);
  • the reason code (under RSN)(see codes and definitions below); and
  • the sanction level - 1, 2, or 3 (under LEVEL).

Also enter the 6-digit date on or by which the client failed to cooperate under NCP DATE (noncooperation date). The NCP date is only needed for the notice and does not appear in the code. When completing Form 552 for IPACS entry, enter the NCP date in REMARKS.

To report the NCP date, enter in the REMARKS box:

Box 85 = MM/DD/YY

For active cases, the system produces a central Notice of Change (Form 157NC) with the correct message, based on all these entries.

Code 165 is printed on the Form 552 in Item 80 with the reason under PERSONS, the 4-digit date under TOTAL COST, the RIN above the reason and date, and the level under SUP. BY. The code and fields also appear on page 2 of the ACID clearance.

Do not delete the noncooperating person or change items 60-77 for the person. The cash sanction applies to the case, not the person. The system automatically enters 4 in Item 78 for the person to stop medical unless they have an EDD in Item 60. No other entries are needed to impose the sanction.

Reason Codes and Definitions

Use Reason Codes 01 - 06 when imposing the sanction. Code 165 is active when one of these codes (01-06) is present in the reason field.

  • 01 Missed meeting with the Child Support worker.
  • 02 Missed meeting with the Child Support lawyer.
  • 03 Missed court appointment.
  • 04 Failed to complete court-scheduled blood test.
  • 05 Refused to sign statement that information about child's father was true and complete, to best of client's knowledge.
  • 06 Failed to cooperate in the establishment of paternity.

Use TA 31, TAR 38, to change the reason code on an active sanction to one of the following under the conditions listed:

  • 00 Client has cooperated. (Makes Code 165 inactive when entered if level is 1. For level 2 and 3, Code 165 remains active until the 3rd month after the Code 165 DATE if entered before then.)
  • 90 Client is no longer required to cooperate. (Makes Code 165 inactive.)
  • 99 Client appealed before the date of change on Form 157NC (Makes code 165 inactive)

Item 90 Code 512 (system-entered)

(System) Reduces the cash benefit through central entry of Item 90 Code 512. The system computes the amount of the cash benefit reduction and enters code 512 in Item 90 with the correct amount, based on all active sanction codes on the Form 552. Only the system can enter, change, and delete the code 512.

The amount of the code 512 is:

  • 50% of the Payment Level (Level 1 and 2 sanctions for the first 3 months); or
  • 100% of the Payment Level (Level 3 sanctions and Level 1 and 2 sanctions from the 4th month on); or
  • the cash benefit amount, if it is less than the percentage of the Payment Level.

(System) Subtracts code 512 from the cash benefit amount prior to recoupment. Shows it as "SANCTION AMOUNT" or "SANCTION REDUCTION" on calculation screens and on Form 553H and Form 553I.

(System) Adds code 512 to the cash benefit amount.

(Worker) You do not need to make any adjustment to the FS budgeting because of the sanction when the FS are coded on the same Form 552. The system makes the adjustment automatically. Code 357 NCA is not needed.

If the FS are not on the same Form 552, enter code 357 NCA on the case with the FS. Code 357 must be equal to the code 512 amount for the appropriate month.

Item 34 Zero Grant Code C (system-entered)

(System) Enters code C in Item 34 when the cash benefit is reduced to zero because of the sanction. Only the system can enter code C, based on a code 512 amount equal to the cash benefit.

Removes code C when the sanction code becomes inactive.