When a SNAP recipient declines a bona fide offer of employment or 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). Since participation in SNAP E&T is voluntary, an individual may not be sanctioned solely for discontinuing participation in SNAP E&T.
· 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 that is beyond the individual's control
The CAO has three (3) workdays 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) workdays of when the non-compliance is known to the CAO.
The compliance review notice (PA 1706) 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, and
· That failure to participate in the compliance review may result in termination of SNAP benefits
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, up to the day the sanction begins, 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 a notice informing the individual of the sanction. The type of notice issued will vary based on the individual’s circumstances (see section 535.62). A SNAP sanction applies only to the individual.
Determine if good cause exists when:
· a household member refuses to accept a bona fide offer of suitable employment.
· a household member voluntarily quits a job in which the person was working an average of 30 hours per week or received wages equal to at least 30 times the minimum wage per week.
· a household member reduces work effort if, after the reduction, the person is working less than 30 hours per week and earning less than 30 times the minimum wage per week.
GOOD CAUSE INCLUDES:
· circumstances beyond the household member’s control, such as, but not limited to, household emergencies or unavailability of transportation;
· discrimination by an employer based on age, race, sex, gender identity, sexual orientation, color, disability, religion, national origin, religious origin or political beliefs;
NOTE: Under Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq), sexual harassment experienced in the workplace is considered discrimination on the basis of sex.
· 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 30 hours per week or in which the earnings are equal to at least 30 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.
The client's statement may be accepted as verification of good cause, unless it is questionable.
535.62 Sanction Periods and Re-Establishing Eligibility after a Sanction
Who is sanctioned?
Sanction only the household member who failed to comply. The individual will be assigned an Eligibility Status Code of DS in eCIS. Their income and resources will continue to be counted in full and they remain eligible for all deductions. Shelter costs are not prorated.
When does a Sanction begin?
The CAO must wait 10 business days after the date the compliance review appointment letter is sent to give the household a fair chance to respond. If the household does not respond to the letter within this time frame or is unable to demonstrate good cause, the CAO must:
· Reject the application if the individual is in a single person SNAP applicant household. The sanction period begins on the date of rejection. The rejection notice informs the individual of the sanction.
· Determine eligibility if the individual is a member of a multi-person SNAP applicant household. The sanction period begins on the date the household’s eligibility is determined. The eligibility determination notice informs the individual of the sanction.
· Send a notice of adverse action (PA/FS 162A) indicating the appropriate sanction length if the individual is already receiving SNAP. The sanction period begins the month following the month in which the adverse action period expires. The individual must be informed of the action(s) so they have an opportunity to take action to avoid the sanction. The sanction will be stopped if the individual is able to demonstrate compliance or good cause before the sanction period begins.
How long does the Sanction last?
Minimum sanction periods are:
· first violation – a minimum of one month;
· second violation – a minimum of three months;
· third or subsequent violation – a minimum of six months.
When does a Sanction end?
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 they:
· report to a job if it is still available or to another employer when they had failed to accept a bona fide offer of suitable employment;
· accept or return to employment (if still available) when they had failed to accept a bona fide offer of suitable employment or voluntarily quit a job; or
· increase work effort to 30 hours per week or earn wages equal to at least the Federal minimum wage multiplied by 30 hours after they had failed to accept an offer of suitable employment, voluntarily quit a job, or voluntarily decreased work effort.
Sanctions cannot be “cured” through compliance during the minimum sanction period. Rather, compliance must be demonstrated after the minimum sanction period has ended. However, if a sanctioned individual becomes exempt from the general work requirements (see: section 535.32) during the sanction period, the CAO must end date the sanction effective the date the exemption is verified, even if the minimum sanction period has not yet ended.
Example: In July, Jane, a SNAP recipient abruptly decides to quit her 35 hr/week job at McDonalds. Jane does not meet an exemption and doesn’t claim good cause. The CAO imposes a sanction effective September 1st. This is a second SNAP sanction, so Jane is assigned a minimum sanction length of three months. On October 1st, Jane provides verification that she has returned to her job at McDonalds and is again working 35 hours per week. The CAO must end the sanction immediately, even though the minimum period has not expired, because Jane now meets an exemption from work registration (ETP 17 – weekly earnings of at least minimum wage times 30 or works at least 30 hours per week).
Reissued May 19, 2021, replacing December 22, 2010