When an employed SNAP recipient voluntarily quits or reduces work effort a compliance review is held to determine whether the non-compliance was within the individual’s control (willful) or if an exemption or good cause exists (non-willful)
Willful non-compliance is defined as an instance where an individual had the opportunity and capacity to participate and did not
Good Cause is defined as a reason an individual was unable to comply that was
not within the individual’s control.
The CAO has three (3) work days from the date the non-compliance becomes known to contact the individual and discuss the reason for the non-compliance. Attempts to reach the individual by telephone must be narrated in the case record.
If the CAO is able to reach the individual by phone the first day, a compliance review will be conducted to determine whether or not the non-compliance was willful and without good cause.
If the individual cannot be reached by telephone, the caseworker will send a compliance review appointment letter. The compliance review appointment must be scheduled within ten (10) work days of when the non-compliance is known to the CAO.
The compliance review notice must include the following information:
Where the compliance review will take place,
The date and time of the appointment,
The option to respond via telephone,
The telephone number to contact the caseworker and an alternate contact name and telephone number.
When reviewing an individual’s situation to decide if there is good cause:
Give the benefit of the doubt, look at the degree of failure, and review past practice for a pattern; and
Allow an individual to offer evidence of good cause to avoid sanction, even if the sanction process has begun and the CAO has made a preliminary determination that there was no good cause.
If the interview reveals no good cause and it is determined that the non-compliance was willful, the CAO will begin the sanction process by sending an Advance Notice (PA/FS 162A) notifying the individual of the sanction. A SNAP sanction applies only to the individual.
NOTE: An outreach referral is not appropriate for an individual receiving SNAP
If an individual does not respond to the compliance review appointment letter by the 10th work day after the mailing date, the worker will proceed with the sanction by sending an Advance Notice (PA/FS 162A) notifying the individual of the sanction.
Determine if good cause exists when: 7 CFR § 273.7(j)
a household member voluntarily quits a job .
a household member reduces work effort if, after the reduction, the person is working less than 30 hours per week.
GOOD CAUSE INCLUDES:
circumstances beyond the household member’s control;
discrimination by an employer based on age, race, gender, sexual orientation, color, handicap, religious origin or political beliefs;
unreasonable work demands or conditions;
acceptance of employment or enrollment (at least half time) of the head of household in a recognized school, training program or institution of higher learning that requires the head of household to quit a job;
NOTE: See Chapter 514, Students, to determine if the individual is eligible as a student.
relocation because any household member accepts employment or enrolls (at least half time) in a recognized school, training program or higher institution of learning, which requires the household to move and the head of household to leave employment;
resignations of persons under 60 that the employer recognizes as retirement;
acceptance of a job offer of more than 20 hours per week or in which the earnings are equal to 20 times the federal minimum wage that does not materialize, due to circumstances beyond the household member’s control, or results in less than expected hours or earnings;
frequent moves from one employer to another due to the nature of the work such as migrant or seasonal farm labor, or construction work;
quitting an unsuitable job, See Section 535.7, Unsuitable Employment; and
lack of adequate child care of a child age 6-12.
Minimum sanction periods are: 7 CFR § 273.7(f)
first violation – a minimum of one month;
second violation – a minimum of three months;
third or subsequent violation – a minimum of six months.
Sanction only the household member who failed to comply. 7 CFR § 273.7(j)
After a sanction for failure to comply, SNAP benefits for the disqualified individual may resume at the end of the minimum sanction period or when the individual who caused the disqualification complies with the requirements whichever is later.
The sanctioned household member has complied if he:
reports to a job if it is still available or to another employer when he had refused to report;
accepts or returns to employment (if still available) when he had refused; or
increases work effort to 30 hours per week or earn wages equal to the Federal minimum wage multiplied by 30 hours after he had voluntarily decreased work effort.
Reissued December 22, 2010, replacing April 19, 2001