1105.025.30 Work Registration Noncompliance

IM-#143 December 5, 2005IM-#103 October 4, 2004,  IM-#32 April 1, 1999

Mandatory participants who fail to comply with work registration requirements and do not have good cause or do not meet another work registration exemption or exclusion are determined ineligible for participation in the Food Stamp Program. This ineligibility lasts for a period of time based on whether the noncompliance is the first, second, third, or subsequent occurrence. An individual is considered to be in non-compliance if s/he:

1105.025.30.15 Refuses, Without Good Cause, to accept an Offer of Employment, Provided the Offer of Employment Meets the Suitability Criteria

IM-#3 January 09, 2009  IM-#103 October 4, 2004

DWD sends information on the nightly file to FSD when an individual referred for employment refuses an offer of employment. Refusal of an offer of employment received on the nightly file from DWD creates the conciliation and sanctioning process. A reminder, �check status employment assessment� is sent to the eligibility specialist letting them know the individual is in conciliation for non-compliance with DWD at the time FAMIS creates and sends the conciliation notice. An MTP type sanction is created. Refer to the Notices section.

Refer to 1105.025.45.05 Noncompliance Determined by Eligibility Specialist when it becomes known to the eligibility specialist that a mandatory work registrant has refused an offer of employment without good cause.

Refer to 1105.025.50 Resolving Noncompliance with Work Registration if the non-complying EU member meets a work registration exemption or exclusion, has good cause, or complies while in conciliation or adverse action.

NOTE: The offer of employment must meet the suitable employmentcriteria.

1105.025.30.20 Refuses, Without Good Cause, to Provide Sufficient Information to Allow a Determination of His/her Employment Status or Job Availability

IM-#3 January 09, 2009  IM-#103 October 4, 2004

If an EU member refuses to provide sufficient information to allow a determination of his/her status or job availability at the time of application, follow the procedures outlined in 1105.025.30.05 Refuses At The Time Of Application or Reapplication To Register For Work section above.

If an individual refuses to provide DWD sufficient information to allow a determination of his/her employment status or job availability, the fail information is transmitted to FSD on the nightly file. FAMIS creates the conciliation notice and sends a reminder, �check status employment assessment� to the eligibility specialist letting them know the individual is in conciliation for non-compliance with DWD.

1105.025.30.25 Fails to Comply with Temporary Assistance Work Requirements or Unemployment Compensation Requirements

IM-#143 December 5, 2005IM-#42 May 4, 2005IM-#103 October 4, 2004

When an EU member fails to comply with Temporary Assistance (TA) work requirements or with unemployment compensation requirements, determine if the individual is exempt or excluded for another reason, and if so, enter that exemption/exclusion code on the Employment Assessment (FMMS) screen. If the individual is not exempt or excluded, s/he must be sanctioned for failing to comply with the other program requirement.

Follow instructions outlined in the Entering a Sanction or Disqualification user guide to enter the sanction. Use type code NFF for failure to comply with TA work requirements and type code SWR for failure to comply with unemployment compensation requirements.

Refer to 1115.080.00 Prohibition in Increasing Food Stamp Benefits for additional policy information and procedure guides Prohibition in Increasing Food Stamp Benefits and Ending Food Stamp Noncompliance with Program Requirements for correct procedures.

1105.025.30.30 Voluntary Job Quit

IM-#108 November 20, 2007,  IM-#103 October 4, 2004,  IM-#32 April 1, 1999

Voluntary job quit provisions and sanctioning policies apply to all EU members. If any EU member voluntarily and without good cause quits a job that was 30 or more hours per week or where the earnings were equal to or more than 30 hours per week times Federal minimum wage, that individual is subject to sanctioning. The rest of the EU remains eligible.

NOTE: Persons registered and excluded from work registration are NOT excluded from the voluntary job quit provisions.

To make a determination of voluntary job quit determine if:

Voluntary job quit does not apply and is not considered in the following situations:

NOTE: Consider federal, state, or local government employees dismissed from their jobs due to participation in a strike against the government entity as voluntary job quit without good cause.

Voluntary job quit information is captured on the Job Quit/Work Reduction (FMMT) screen. When an EU member has quit a job that involved working at least 30 or more hours per week or had earnings equal to or greater than Federal minimum wage multiplied by 30 hours per week enter Y in the answer field for the question “Has anyone in your household age 16 to 60 quit a job in the last 60 days?” and press enter. Press F6=DETAIL to go to the Job Quit Detail (FMMN) screen. An answer must be committed for one EU member at a time by entering a Y (yes) or N (no) in the Y/N field and pressing enter. When the appropriate answer is Y (yes), also enter the date of job quit in the Job Quit Date field. If a good cause determination can be made while in the controlled flow, type or prompt for the appropriate code in the Good Cause field. If a good cause determination cannot be made or if it is determined the EU member does not have good cause, press F13=SANDISQ which goes to the Sanction/Disqualification (FMAM) screen. Enter a VJQ (voluntary job quit) sanction following procedures outlined in the Entering a Sanction or Disqualification user guide. When a sanction is not entered for an EU member who does not have good cause, an ISD (insufficient data) is received on the technical eligibility determination.

1105.025.30.35 Work Effort Reduction

IM-#108 November 20, 2007,  IM-#103 October 4, 2004,  IM-#32 April 1, 1999

An individual who was employed 30 hours or more per week or who had earnings that exceed the Federal minimum wage multiplied by 30 hours per week and who voluntarily and without good cause reduces his/her work effort, and after the reduction, is working less than 30 hours per week or earning less than the Federal minimum wage multiplied by 30 hours per week, is determined to be ineligible to participate in the Food Stamp Program. These individuals are subject to the disqualification penalties outlined in Work Registration Noncompliance Sanctions.

NOTE: If the individual who voluntarily reduced the number of hours worked continues to earn weekly wages that exceed the Federal minimum wage multiplied by 30 hours, s/he is exempt from work registration.

Explore situations in which the participant reports a change that indicates the number of hours worked per week have been reduced to less than 30 hours per week taking into consideration minor variations in the number of hours worked or in the weekly minimum wage equivalent. For example, a reported change in income may indicate a reduction in the number of hours worked per week. Explore work effort reduction at application, recertification, and when a change is reported.

If it is determined the participant voluntarily reduced his/her work effort to less than 30 hours per week, explore good cause. See Determining Good Cause for Work Registration Components. If the participant did not have good cause for the reduction, apply the sanctions outlined in Work Registration Noncompliance Sanctions.

Work effort reduction information is captured on the Job Quit/Work Reduction (FMMT) screen. When an EU member has voluntarily reduced the number of hours worked, enter Y in the answer field for the question “Has anyone in your household age 16 to 60 reduced hours worked in the last 60 days?” and press enter. Press F6=DETAILS to go to the Work Reduction Detail (FMMN) screen. Commit an answer for each EU member listed. If a good cause determination can be made while in the controlled flow, type or prompt for the appropriate good cause code. When a good cause determination cannot be made while in the controlled flow, enter sanction type WER (work effort reduction) following instructions outlined in the Entering a Sanction or Disqualification user guide.