107.5 Penalties for Noncompliance with the AMR

The person may be sanctioned with the penalties listed on page 4 of the AMR for: 55 Pa. Code § 125.1(g) 55 Pa. Code § 125.1(h)

Not cooperating with the requirement to complete the AMR; or
Not completing activities as agreed to on the AMR and required by regulation.

Explain the penalties to the person and make sure he or she understands them before the person initials and dates the bottom of page 4.

Before applying a sanction listed in Section 107.52, the CAO must determine whether the person had good cause for not completing the activity as agreed to on the AMR. See Section 107.53 for good cause guidelines.

107.51 Penalty for Not Completing or Signing the AMR

An individual who refuses to complete or sign the AMR without good cause is ineligible for TANF cash assistance and must be removed from the cash grant. The person remains ineligible for cash benefits until he or she completes and signs an AMR. 55 Pa. Code § 125.1(g)

NOTE: AMR mailed to the individual must be completed, signed and dated and returned within 30 days of the date of the CAO signature on the AMR.

The CAO must continue to authorize TANF Cash Assistance (and Medical Assistance or SNAP benefits) for other family members if all other requirements are met. 55 Pa. Code § 125.1(g)

NOTE: Applicant's family is also ineligible if the individual or another adult had previously received 60 months of TANF Cash Assistance.

An individual may have good cause for not completing or signing the AMR. For example, the individual may have physical or mental limitations, such as being temporarily hospitalized. If the CAO determines there is good cause, benefits must not be denied and the person must be allowed 30 days from the interview date to complete and sign the AMR.

A specified relative receiving benefits on behalf of other budget group members, but not for himself or herself, must be asked to complete and sign an AMR. If the specified relative who is not receiving benefits refuses to sign an AMR, there is no penalty for the budget group. This is true, for example, in the case of a grandmother receiving benefits for her grandchild but not for herself.

107.52 Penalties for Noncompliance with Mandatory Activities

If the person does not comply with the activities below, the penalties apply:

Activity	Penalty	Citation
Cooperate with support requirements of Chapter 131, unless good cause is established.	The parent or caretaker stays eligible. The Cash Assistance grant will be reduced by 25 percent. The person will be required to work or participate in work requirements, according to Chapter 135.	55 Pa. Code §§ 187.26(c)(1)(i) & 187.26 (c)(2)(i)
Cooperate with the RESET requirements in Chapter 135, unless good cause is established.	First Sanction: A person is disqualified for a minimum of 30 days and until they demonstrate and maintain compliance for at least one week and thereafter or establish good cause or an exemption. After 90 days of noncompliance, the entire budget group is disqualified until the person demonstrates and maintains compliance for at least one week *and thereafter* *or establishes good cause or an exemption.* *Second Sanction: A person is disqualified for a minimum of 60 days and until they demonstrate and maintain compliance for at least one week* *and thereafter* *or establish good cause or an exemption. After 60 days of noncompliance, the entire budget group is disqualified until the person demonstrates and maintains compliance for at least one week* *and thereafter* *or establishes good cause or an exemption.* *Third Sanction: The entire budget group is permanently disqualified.*	62 P.S. 405. 1 62 P.S. 432.3 55 Pa. Code § 165.61(b)(1) 55 Pa. Code § 165.61(b)(2) 55 Pa. Code § 165.61(b)(3)
Participate in drug and alcohol treatment, if substance abuse is determined to be a barrier to employment.	The person is ineligible until compliance.	55 Pa. Code § 125.1(i) 55 Pa. Code § 141.61(c)(1)(v)
Apply for other sources of potential income	A recipient is ineligible until compliance. An applicant who fails to apply for federal benefits is ineligible, as follows: TANF—ineligible until compliance Extended TANF-applicant and family until compliance	55 Pa. Code § 183.13 55 Pa. Code § 125.1(h)(3)

107.53 Good Cause

The CAO must consider good cause before applying the penalties listed in Section 107.52. The CAO must not apply the sanction if the person does not complete a required AMR activity for reasons beyond his or her control. 55 Pa. Code § 165.52

Good cause for not cooperating with support is found in CAHB 131.6
Good cause for not cooperating with RESET requirements is found in CAHB 135.4
Domestic violence good cause is found in CAHB 108.7

When determining good cause, the CAO must do the following:

Allow the individual to offer verification of good cause.
Be prudent when reviewing an individual’s circumstance in determining and granting good cause for non-compliance, with the realization that although an explanation may be presented in support of the failure to meet participation, it may not be a valid good cause reason.
When an individual establishes good cause based on transportation related issues, the individual is usually capable of doing an independent job search or another work-related activity unaffected by transportation resources. For these individuals, the CAOs must update the AMR to reflect these required activities and the client’s responsibility to provide weekly verification to the CAO.
The AMR should be updated if a barrier is identified that is stopping the individual from achieving RESET requirements, this update should include the actions that should take place to remove the barrier. See sections 107.63 and 107.65

Updated March 18, 2016 Replacing October 28, 2015