FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3100 - 3100 SUBJECT: SUMMARY
DATE: 5-1-93
3100The Work Registration Requirements - Summary
The Food Stamp Act requires all able-bodied participating adults, with specific exceptions, to meet certain work-related requirements. These requirements are prerequisites to eligibility and certification which cannot be waived. (See FSC 9443 for procedures on expedited applications.)
Work registrants must:
1.If referred, participate in the Project SUCCESS Employment and Training (E&T) Program;
2.Respond to any requests from the food stamp caseworker or the Project SUCCESS worker for supplemental information regarding employment status or availability for work;
3.Report to an employer to whom referred by the E&T Program if this employer meets the suitability requirements specified in FSC 3510; and
4.Accept a bona fide offer of suitable employment at a wage not less than the higher of the applicable state or federal minimum wage.
In E&T Program counties all work registrants will be referred to the E&T Program. Each E&T Program registrant will be assessed upon referral and placed into an E&T component considered appropriate for that individual.
If the head of the household (as defined in FSC 3120) voluntarily quits a job without good cause within 60 days prior to the date of application or while the household is participating in the Program, sanctions will be imposed upon the household.
Under the Workfare provisions certain work registrants (and others as specified) must perform public service work as a condition of eligibility for the Food Stamp Program.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3110 - 3110 SUBJECT: TERMINOLOGY
DATE: 5-1-93
3110Work Registration Terminology
An explanation of some terms which will be commonly used in the work registration policy is provided below.
1.Applicant - An individual who applies in writing for food stamp benefits.
2.Assessment - An initial appraisal and gathering of information conducted by the Project SUCCESS staff with a work registrant prior to assignment to an E&T component.
3.Component - Any of the specified activities available through Project SUCCESS.
4.Conciliation - A procedure for the resolution of disputes involving an individual's participation in Project SUCCESS.
5.Employment and Training Program - (E&T) - A Project SUCCESS program designed to assist work registered food stamp recipients in obtaining the skills needed to become self sufficient.
6.Head of Household - Any food stamp household containing at least one adult (age 18 or older) parent of children or an adult who has parental control over a child under age 18 will be allowed, but not required, to select the adult parent as its head of household when all adult members agree to the selection. If there is more than one adult parent in the household, any of the adult members may serve as the head of the household.
If, for any reason, a household does not select an adult parent as its head of household and a work registration violation occurs, the principal wage earner will be considered the head of household. If there is no principal wage earner, the case head as defined in FSC 1500 will be considered the head of household.
If a work registration violation is committed by the head of household, the sanction will be applied to the entire household. If a household member other than the head of household commits a violation, the sanction will apply only to that member. See FSC 3120 for additional information.
7.Job Opportunities and Basic Skills Training (JOBS) - A Project SUCCESS program designed to assist AFDC recipients to become self sufficient by providing needed employment related activities and support services.
8.New Hope - A Project SUCCESS JOBS program designed to provide assistance to teen parents who are recipients of AFDC. All participants are enrolled in basic education or training to obtain the skills necessary to become a productive citizen.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3110 - 3110 SUBJECT: TERMINOLOGY
DATE: 7-1-93
9.Principal Wage Earner - The household member (including excluded members) who was the greatest source of earned income in the last two full calendar months prior to the month of a work registration violation or voluntary quit. See FSC 3120 for additional information.
10.Project SUCCESS - The purpose of Project SUCCESS is to enhance the employability and self-sufficiency of AFDC and Food Stamp recipients. Project SUCCESS activities are available through the Job Opportunities and Basic Skills Training (JOBS) Program statewide for AFDC recipients and through the Employment and Training (E&T) Program in certain counties for Food Stamp Program recipients.
11.Sanction - A period of ineligibility imposed on a household member or the entire household as the result of a work registration violation or a voluntary quit.
In the case of a work registration violation, a two month period of ineligibility will be imposed on the entire household if the violation was committed by the head of the household as defined in FSC 3120. If not, the two month period of ineligibility will be imposed only on the member who committed the violation.
In the case of a voluntary quit, a ninety day disqualification will be imposed on applicant households if the voluntary quit was committed by the head of the household as defined in FSC 3120. (For participating households, a three month disqualification is imposed.) There is no sanction when a voluntary quit is committed by a household member other than the head of the household.
12.Unemployed Parents Program - Through this JOBS program, at least one parent in an AFDC Unemployed Parent (UP) household must participate in work experience or on the job training (OJT) components of the Project SUCCESS Program. Educational activities may be required in lieu of work experience or OJT if the participant is under age 25 and does not have a high school diploma or equivalency.
13.Voluntary Quit - When a member of a food stamp household who is subject to the work registration requirement leaves employment of 20 hours or more per week without good cause within the 60 day period prior to application or at any time while participating in the program.
14.Work Registrant - A Food Stamp Program participant who is not exempt from the work registration requirements as specified in FSC 3210-3290.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3110 - 3120 SUBJECT: HEAD OF HOUSEHOLD
DATE: 7-1-93
15.Work Registration Violation - Failure or refusal of a non-exempt work registrant to comply with a work registration requirement or a Project SUCCESS JOBS requirement including New Hope and Unemployed Parents. Also, when a voluntary quit occurs.
3120Head of Household
If a work registration violation occurs, the sanction will be imposed only against the household member who committed the violation unless that member is the head of the household. When the member who commits the violation is the head of the household, the sanction will be imposed against the entire household. (This will not apply for voluntary quits. See FSC 3600 for scanctions applicable to voluntary quits.)
Any food stamp household containing at least one adult (age 18 or older) parent (natural, adoptive or step) of children (of any age) will be allowed, but not required, to select the adult parent as its head of household when all adult members agree to the selection. Household members who have parental control over other household members under the age of 18 are considered parents and may also be selected as head of the household.
If there is more than one adult parent in the household, any adult parent may be selected as the head of household. There is no requirement that the parent selected to serve as the head of the household be subject to the work registration requirements.
Once an affected household (i.e., a household with an adult parent of children) selects the adult parent as its head, no further head of household designation may be imposed. The household may designate its head of household under this provision each time the household is certified or recertified but may not change the designation during a certification period unless there is a change in household composition.
Selection of the head of household will not occur when there is only one adult member of a household or when none of the adults in a household is the parent of another household member.
An application will not be denied or delayed beyond the normal processing solely to determine the head of the household. Neither will eligibility be affected if 1) a household refuses to select an adult parent as its head of household, or 2) if all adult household members do not agree on the selection of the head of household. A "Head of Household Determination Form" will be completed by the household to indicate its decision regarding the selection of the head of household. The applicant or any other responsible adult household member may sign the form.
The impostion of a sanction takes precedence over a household's right to select its head of household. Once a sanction has been imposed, a household will not be allowed to select another household member as its head of household until the sanction has been cured or otherwise ends.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3120 - 3121 SUBJECT: HEAD OF HOUSEHOLD
DATE: 5-1-93
If the head of the household leaves the household while the household is disqualified, the household may reapply, but the sanction will follow the head of the household. See FSC 11433. If a household is recertified while one of its members is disqualified, the household will not be allowed to select another head of household until an action is taken to readd the disqualified member to the household because the sanction has ended for any reason or, another head of household may be selected if the disqualified member leaves the household.
If, for any reason, a household has not selected an adult parent as its head of household and a work registration violation occurs, the principal wage earner will be considered the head of the household.
In households where no head of household was selected, the principal wage earner is the household member (including excluded members) who was the greatest source of earned income in the last two full calendar months prior to the month of the work registration violation. This provision applies only if the employment involved 20 hours or more per week or provided weekly earnings at least equivalent to the federal minimum wage - ($4.25 multiplied by 20 hours).
No household member may be considered the principal wage earner, regardless of earnings, if that member is living with a parent or a person fulfilling the role of a parent and the parent is:
a)Employed or self-employed and working a minimum of 30 hours or receiving weekly earnings equivalent to the federal minimum wage multiplied by 30 hours; or
b)Registered for work; or
c)Exempt from work registration because he is subject to and participating in the Project Success JOBS, New Hope, or Unemployed Parents Program; or
d)In receipt of unemployment compensation or registered for work as part of the unemployment compensation application process.
If more than one household member had earnings during the designated two month period, the principal wage earner will be the member with the highest total gross earnings. To determine the highest total gross earnings, the caseworker will obtain a total of the gross earnings received by each individual member during the designated period. There will be no conversion of income.
If there is neither a designated head of household nor a principal wage earner, the case head as defined in FSC 1500 will be considered the head of household.
3121Determining Head of Household at Time of Violation
When a work registration violation occurs, the caseworker will complete the following steps to determine the head of household.
Step 1 -Determine if the household has designated an adult parent as its head of household as explained in FSC 3120. If yes, the adult parent is the head of household. Stop here.
If no, go to Step 2.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3121 - 3121 SUBJECT: HEAD OF HOUSEHOLD
DATE: 5-1-93
Step 2 -Using the criteria in FSC 3120, determine if there is a primary wage earner. If yes, the primary wage earner is the head of the household. Stop here.
If no, go to step 3.
Step 3 -The person who is the case head as defined in FSC 1500 is the head of the household.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3200 - 3200 SUBJECT: EXEMPTIONS
DATE: 7-1-91
3200Who is Exempt From Work Registration
The following eligible household members are exempt from work registration.
1.Under age 16 or age 60 or older.
2.Age 16 or 17 and living with a parent or attending a school or training program on at least a half-time basis.
3.Disabled.
4.Participating in AFDC Project SUCCESS or New Hope Programs.
5.Caring for a dependent child under age 6 or an incapacitated person.
6.Receiving unemployment benefits.
7.Currently participating in a treatment program for alcoholism or drug addiction.
8.Employed or self-employed on a full time basis.
9.A full time student in a high school or an institution of higher education.
A full explanation of each exemption appears in FSC 3210-3290.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3210 - 3230 SUBJECT: EXEMPTIONS
DATE: 7-1-91
3210Under 16 or 60 or Older (Code A - 60 or Older, Code R - Under 16)
Household members younger than 16 years of age or 60 years of age or older are exempt from work registration.
NOTE:If a child reaches his 16th birthday within a certification period, he will be registered for work at the next scheduled recertification unless he qualifies for another exemption.
3220Certain Household Members Aged 16 or 17 (Code S)
Household members aged sixteen or seventeen who are living with a parent or a person acting as a parent are exempt from the work registration requirements. Household members aged sixteen or seventeen who are not living with a parent are exempt from the work registration requirements only if attending school or enrolled in an employment training program on at least a half-time basis or if they meet another exemption - e.g. disabled. The school or employment training program will determine half-time enrollment.
3230Disabled (Code D)
Household members who are physically or mentally unfit for employment are exempt from work registration requirements.
See the Glossary, definition of "Aged/Disabled." In addition to the individuals who meet the definition of disabled found in the Glossary, the following individuals may be considered disabled:
.Individuals receiving services through the Division of Rehabilitative Services; or
.Individuals receiving Workman's Compensation or other "sick pay" type benefits.
If the member is not receiving disability benefits, the caseworker will determine if the member's disability is obvious or if verification is required.
An obvious disability is one where the caseworker can easily determine that the individual is incapable of gainful employment. Examples of individuals with obvious disabilities include individuals who are:
1.Recovering from major surgery within the last six weeks; or
2.Housebound or wheelchair bound.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3230 - 3250 SUBJECT: EXEMPTIONS
DATE: 4-1-92
When the disability is not obvious or an obvious disability is questionable, the household will be asked to furnish verification. Acceptable verification includes but is not limited to:
1.A statement from a physician or licensed, certified psychologist indicating the cause of disability and how long the disability is expected to last;
2.A decision by the Medical Review Team that the individual is currently disabled; or
3.Collateral evidence (written or oral) that the individual receives services through Rehabilitative Services.
Documentation should appear in the case record regarding:
a.The nature of any disability which results in an exemption;
b.Why the exemption was allowed based on this disability;
c.The anticipated length of the disability; and
d.The type of verification obtained if the exemption was verified.
NOTE:Services for disabled individuals are available through the Division of Rehabilitative Services. If appropriate, the caseworker may wish to refer the disabled member to Rehabilitative Services through normal office procedures.
3240Household Member Caring for Dependent Child Under 6 or Incapacitated Person (Code P)
A parent or other household member responsible for the care of a dependent child under the age of 6 or an incapacitated person is exempt from the work registration requirements. Exemptions for the care of an incapacitated person should be fully documented. Documentation must include the name of the person providing care and a description of the incapacitating condition.
If a child reaches his 6th birthday within a certification period, the household member responsible for the care of the child will be work registered during the next scheduled recertification unless the member qualifies for another exemption.
3250Project SUCCESS Participation Through AFDC (Code W)
Household members registered for or participating in the AFDC JOBS, New Hope or Unemployed Parents Programs are exempt from work registration through the Food Stamp Program. This includes both voluntary and mandatory participants in the JOBS and New Hope Programs. It also includes AFDC recipients registered for the AFDC JOBS Program but not referred to that program because they are in a non-targeted category.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3250 - 3270 SUBJECT: EXEMPTIONS
DATE: 7-1-91
Households with members who are required to register for or to participate in the JOBS, New Hope or Unemployed Parents Program and who fail to comply with these requirements will be sanctioned as instructed in FSC 3520 unless the member is otherwise exempt from food stamp work registration. For example, an AFDC JOBS participant responsible for the care of a dependent child under the age of six would not be sanctioned if she failed to comply with the AFDC JOBS Program.
3260Receiving Unemployment (Code U)
Household members currently receiving unemployment insurance benefits are exempt from work registration. Household members who have applied for, but not yet begun to receive, unemployment insurance benefits are also exempt if they were required to register for work with ESD as a part of the unemployment insurance application process.
An applicant for unemployment would not be required by ESD to register for work when:
1.He is job attached and laid off for less than 8 weeks; or
2.He is a member of a trade union which assists members in finding employment.
Verification of whether or not the individual was registered through ESD may be obtained by viewing the work registration ID card. The date indicated on that card is the date the registration occurred.
NOTE:The caseworker will not contact ESD to determine if the household members were registered for work through ESD. This determination will be based upon correspondence (letters, forms, etc.) from ESD provided to the household member, the ID card or any information available. In situations where there is no available information, the client's statement will be used.
The case record will be documented accordingly.
If an individual exempt from work registration solely due to receipt of unemployment benefits fails or refuses to comply with ESD work requirements, a sanction may be imposed. See FSC 3520.
3270Addicts and Alcoholics (Code G)
Household members who are currently participating in a drug addiction or alcoholic treatment and rehabilitation program, either on a resident or non-resident basis, are exempt from the work registration requirements.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3280 - 3290 SUBJECT: EXEMPTIONS
DATE: 7-1-91
3280Employed Persons and Self-Employed Persons (Code E)
Household members who are employed and either working a minimum of 30 hours weekly, or receiving weekly earnings equal to the federal minimum wage ($4.25 per hour) multiplied by 30 are exempt from work registration.
This exemption includes migrant and seasonal farm workers who are under a contract or similar agreement with an employee or crew chief to begin employment within 30 days. Migrants and seasonal farm workers who do not have such an agreement and are not otherwise exempt will be registered for work.
The number of hours of employment may be verified from:
1.Wage stubs;
2.Employers; or
3.The current amount of verified income divided by 30.
Household members solely engaged in hobbies, volunteer work or other activities for which little or no payment is received are not considered gainfully employed. This is true regardless of the length of time spent in such activities.
Self-employed household members who work a minimum of 30 hours per week or who receive weekly earnings equal to the federal minimum wage of $4.25 per hour multiplied by 30 hours are exempt from the registration requirements. This exemption may be established through verification of the amount of earnings if the earnings are at least equal to $4.25 x 30 hours per week. If the income is not sufficient to conclude full-time employment, the member must cooperate with the caseworker in establishing that (1) the gross income reported is at least sufficient to be considered gainful employment; or (2) the volume of work performed by the member justifies the determination that the self-employment enterprise is a full-time job. For example, many farmers work more than 40 hours per week yet make no profit.
3290Students (Code T)
Students age 18 or older who are enrolled at least half-time in a high school are exempt from work registration. If a student is enrolled in an institution of post secondary education, (as defined in FSC 1622.1) and the student is eligible to participate (as per FSC 1622.3), the student is exempt from work registration. Students over age 18 enrolled at least half-time in schools which are not considered institutions of post secondary education are also exempt from work registration. The exemption continues to apply through periods when school is recessed but is lost when the student graduates, drops out, is expelled or otherwise terminates enrollment.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3300 - 3310 SUBJECT: COMPLETING FORMS
DATE: 5-1-95
3300Individuals to be Registered for Work (Code 1,3 or 4)
All eligible household members who are not exempt from work registration will be registered for work.
3310Work Registration
All eligible, non-exempt household members are automatically work registered when the Food Stamp Application Form (DCO-220) is signed.
The caseworker must take action to register household members for work when:
1.An eligible, non-exempt individual enters a household currently certified to participate in the Food Stamp Program; or
2.An eligible household member in a participating household subject to the change reporting requirement loses an exemption due to a change which is required to be reported as specified in FSC 11200;
In counties not participating in the E&T Program, such members will be work registered via the Affidavit For Food Stamp Work Registration (DCO-260).
In E&T Program counties, the caseworker will use the Project SUCCESS Status Determination/Referral (DCO-205) to work register and also to refer registrants to the E&T Program. The E&T Program will accept referrals for households who will be participating in the Food Stamp Program for more than three months following the month of referral. Referral instructions are contained in FSC 3310.3.
Example 1 -A household is certified in December for the months December, January, and February. The work registered members of the household will not be referred to the E&T Program.
Example 2 -A household is certified in December for the months October (retroactive), November (retroactive), December, January and February. The work register members of the household will not be referred to the E&T Program.
Example 3 -A household is certified in September for the months September, October, November, December, January, and February. A new household member is added to the case in December. He is subject to the work registration requirements; however, he will not be referred since he will be participating in the Program for only three months.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3310.1 - 3310.2 SUBJECT: WORK REGISTRATION AT
DATE: 5-1-95 REPORTED CHANGE
3310.1Work Registration at Reported Change
At the time of a reported change, work registration must be completed for all non-exempt members who enter the household or for members who lose an exemption as a result of a change which is required to be reported in FSC 11200.
When household composition changes, certain households must be given the option of redesignating the head of household. See FSC 3120.
If the caseworker cannot determine if a member should be work registered at the time of a reported change, an E&T Program Status Determination (DCO-203) may be used. The DCO-203 is an optional form designed to be used in E&T Program counties. However, the form may be used in non-E&T Program counties to determine if work registration should occur.
The DCO-203 contains a questionnaire designed to gather the information needed to determine if a member should be work registered and/or referred to E & T Programs. The DCO-203 must be accompanied by an DCO-1 specifying that the form must be returned within 10 days.
When the DCO-203 is returned, the caseworker will assess the informa- tion, take needed action, and document the decision in the case record. See FSC 3310.2 for specific instructions on work registration.
If the member is exempt from work registration, the DCO-203 will be filed in the case record.
If the household does not return the DCO-203 within the specified time frames, the household will be sanctioned for failure to comply with the work registration requirements. See FSC 3110, item 11. An advance notice of adverse action will be issued to advise the household of the effects of the sanction.
If the member reports previously unreported income, verification of the income will be requested via DCO-1 which will also serve as a 10 day notice of adverse action - e.g. if you do not return verification of Mr. Smith's earnings within 10 days, your case will be closed.
3310.2Work Registration at Quarterly Report
When household composition changes, certain households must be given the option of redesignating the head of household. See FSC 3120.
When a quarterly report is processed, work registration must be completed for:
1)Any non-exempt member who enters the household; or
2)Any eligible household member who loses an exemption due to a change reported on the quarterly report; or
3)Any non-exempt member who turned 16 since the last quarterly report was processed.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3310.2 - 3310.3 SUBJECT: REGISTRATION AT
DATE: 5-1-95 QUARTERLY REPORT/
E & T REFERRAL
If the caseworker can determine, based solely on information available on the quarterly report or in the case record that the member must be work registered, the proper work registration form will be completed. It is also permissible to contact the household by telephone to clarify the work registration status of the member. The information obtained by telephone should be documented in the case record. See FSC 3310.2 below for specific instruction on work registration.
If the caseworker cannot determine if a member should be work registered based on the information on the quarterly report, a QR Request for Information (DCO-218) and E&T Project SUCCESS Status Determination/Referral (DCO-203) will be issued to the household. The household must have at least 10 days to respond to the request for information; therefore, the DCO-203 must be returned before the end of the report month or within 10 days, whichever is later.
If the household does not return the DCO-203 within the specified time frames, the household will be sanctioned for failure to comply with the work registration requirements. See FSC 3110, item 11. An adequate notice will be issued to advise the household of the effects of the sanction.
If the caseworker can determine, based solely on information available on the quarterly report or in the case record, that the member must be work registered, the proper work registration form will be completed. It is also permissible to contact the household by telephone to clarify the work registration status of the member. The information obtained by telephone should be documented in the case record. See FSC 3310.2 below for specific instruction on work registration.
If the caseworker cannot determine if a member should be work registered based on the information on the quarterly report, a QR Request for Information (DCO-218) and E&T Project SUCCESS Status Determination/Referral (DCO-203) will be issued to the household. The household must have at least 10 days to respond to the request for information; therefore, the DCO-203 must be returned before the end of the report month or within 10 days, whichever is later.
If the household does not return the DCO-203 within the specified time frames, the household will be sanctioned for failure to comply with the work registration requirements. See FSC 3110, item 11. An adequate notice will be issued to advise the household of the effects of the sanction.
3310.3E & T Program Referral
All household members who are subject to the work registration require- ments will be referred to the E&T Program in counties where the Project SUCCESS is presently operational. The E&T Program will accept referrals for households who will be participating in the Food Stamp Program for more than three months following the month of referral. Either the Program Referral (DCO-205) or the Information Exchange/ Savings Communication (DCO-1410) will be used as the referral form. Referral will be completed according to the following schedule.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3310.3 - 3310.3 SUBJECT: E & T PROGRAM REFERRAL
DATE: 5-1-95
1.At Initial Application
When an initial application is approved, an DCO-205 must be completed for each household member subject to the work registration requirements. The DCO-205's will be routed to the Project SUCCESS Unit. DCO-205's must be received by the Project SUCCESS Unit within 5 calendar days of the date of application approval.
2.At Recertification
E & T Program participation may be continued via the DCO-1410 or the DCO-205 at recertification.
The DCO-1410 will be used when all conditions listed below are met.
a)The household's application for recertification is completed before the end of the household's current certification period; and
b)The member to be referred was previously referred via DCO-205; and
c)The member to be referred is still subject to the work registration requirements.
The DCO-205 will be used when a household member is subject to the work registration requirements and either of the conditions listed below are met.
a)The household's application for recertification was not completed before the end of the household's most recent certification period; or
b)The member was not referred to the E & T Program during the household's most recent certification period and therefore participation cannot be continued.
The DCO-205 or DCO-1410 must be routed to the Project SUCCESS Unit. DCO-205's or DCO-1410's must be received within 5 calendar days of the date of application approval.
3.At Reported Change
A DCO-205 will be completed for any new member who is subject to the work registration requirement. DCO-205's will also be completed for any member who loses a work registration exemption as a result of a change which is required to be reported. (See FSC 11200.)
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3310.3 - 3320 SUBJECT: WORK REGISTRATION CODES
DATE: 5-1-95
Completed DCO-205's must be routed to the Project SUCCESS Unit to be received by the Project SUCCESS Unit within 5 calendar days of completion of the DCO-233 reflecting the change. If a DCO-233 was not completed, the date of the DCO-1 resulting from the change will be considered the date on which the change was completed.
4.At Quarterly Report
At DCO-205 will be completed for any new member who is subject to the work registration requirements. A DCO-205 will be completed for any household member who loses a work registration exemption as the result of a change reported on the quarterly report.
Completed DCO-205's must be routed to the Project Success Unit within 5 calendar days of the day on which the quarterly report was completed.
3320Work Registration Codes
The proper work registration code must always appear on the DCO-233, (Food Stamp Authorization Document) in the member segment.
When an individual's status changes from exempt to non-exempt or vice versa, the work registration code must be changed. If the reason for the exemption changes, the exemption code must also be changed.
The valid work registration codes are:
1 - Mandatory Work Registrant
3 - Voluntary E&T Program Registrant (Not currently in use)
4 - Exempt from Work Registration
Code 3 or 4 must be followed by an alpha code which identifies the reason the individuals is exempt. The exemption codes are:
A - 60 years of age or older
D - Disabled
E - Employed 30 hours per week or more
G - Participates in a Drug or Alcohol Rehabilitation Program
P - Cares for a dependent child under age 6 or an incapacitated person
R - Child under the age of 16
S - Exempt individual aged 16 or 17
T - Exempt student aged 18 or older
U - Applied for or is receiving unemployment compensation.
W - Is registered for or participates in Project SUCCESS through an
AFDC Program JOBS, New Hope, Unemployed Parent)
X - Disqualified or an ineligible member
Y - Status is unknown. (This code is computer assigned and must be
replaced by the correct code at the next case action.)
The exemption codes are listed below in order of priority. If more than one exemption will apply to an individual, the exemption which appears first on the list will be used.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3320 - 3320 SUBJECT: WORK REGISTRATION CODES
DATE: 2-1-95
1.Age. Use exemption code "A" if the individual is 60 years of age or older. Use exemption code "R" if the individual is under age 16 or age 16 or 17 and living with a parent. Use exemption code "S" if the individual is age 16 or 17 and enrolled in a school or training program.
2.Physically or mentally unfit. Use exemption code "D".
3.Parent or other household member responsible for the care of a dependent child under 6 or an incapacitated person. Use exemption code "P".
4.In receipt of unemployment compensation. Use exemption code "U".
5.A regular participant in a drug addition or alcoholic treatment and rehabilitation program. Use exemption code "G".
6.Employed or self-employed for a minimum of 30 hours weekly or receiving weekly earnings at least equal to the Federal minimum wage multiplied by 30 hours. Use exemption code "E".
7.A student, age 18 or older, enrolled at least half time in any recognized school, training program, or institution of post secondary education. Use exemption code "T".
8.Subject to and complying with AFDC JOBS, New Hope or Unemployed Parents Program. Use exemption code "W".
A person who resides in any of the counties where the E & T Program is not operational. Use the work registration code which would be used in a E&T Program county.
Examples
1.If a lady is exempt because she cares for a child age 4, the proper work registration code is 4P.
2.If a man is exempt because he is age 75, the proper work registration code is 4A.
3.If a child is exempt because she is age 10, the proper work registration code is 4R.
4.If a household member is not referred to the E&T Program because it is participating in the Food Stamp program for three months or less, the proper work registration code is 4E. Should the household be certified for longer than three months, the work registration code must be changed.
NOTE:These codes will be used in all counties regardless of the status of the E&T Program in that county.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3400 - 3400 SUBJECT: WORK REGISTRATION CODES/
DATE: 7-1-91 E & T PROGRAM
3400E&T Programs
Arkansas Project SUCCESS provides services to applicants for and recipients of Aid to Families with Dependent Children (AFDC) and to Food Stamp Program participants. Food Stamp Program participants are provided services through the Project SUCCESS Employment and Training (E & T) Program. The purpose of the E & T Program is to increase employment by involving a significant proportion of able-bodied individuals in immediate and continuous job search activities, unsalaried work experience/workfare, and training activities.
The E&T Program includes five components: Independent Job Search, Job Club, Work Experience, Education, and Vocational Training.
A brief description of each component is provided below.
1.Independent Job Search
Participants are assigned to this component when they have no identifiable barriers to employment and possess job-seeking skills. Participants in this component must seek employment independently for up to 16 weeks in a 12 month period. During each week of Independent Job Search the participant must complete an average of 20 hours of job search activities using a plan approved by the Project SUCCESS worker.
2.Job Club
When a Project SUCCESS worker determines that a participant lacks job search knowledge or skills, has no recent employment record, or has similar employment-related limitations, the participant will be assigned to the Job Club component. Job Club is a nine week component. During the first week of Job Club participants are provided with 20 to 30 hours of group instruction on job seeking skills and orientation to the work place. The remaining eight weeks of the component are devoted to a job search.
3.Work Experience
Participants assigned to this component are involved in developing job skills and improving work habits through unsalaried job training at a clearly defined, well supervised worksite under an agreement between the employer and Project SUCCESS.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3400 - 3420 SUBJECT: E & T PROGRAMS
DATE: 7-1-91
There are special provisions for preparing an overpayment when the overissuance occurred during a month when a household member was participating in the work experience component. See FSC 15401 - 15403 for instructions.
4.Education
Participants in the Education component will include those who need:
a)A high school diploma or its equivalent;
b)Adult basic education or literacy training;
c)English as a second language; or
d)Remedial education.
5.Vocational Training
Participants in need of additional skills or training to enhance their employability will be assigned to this component along with participants who want to learn a particular skill or trade. Participants involved in special projects developed with other agencies to provide specialized training also will be assigned to this component.
3410Operation of Project SUCCESS Employment and Training (E&T) Program
The Division of Economic and Medical Services (DEMS) will operate the Project SUCCESS Employment and Training (E&T) Program.
Not all counties will participate in the E&T Program. This includes counties in which the Workfare Program is currently operational as well as counties in which employment opportunities are very limited.
3420Who Will Participate in the E&T Program
In counties in which the Food Stamp E&T Program is operated, all individuals who are not exempt from work registration and who are included in a food stamp allotment must be referred to the E&T Program. The E&T Program worker has the discretion to allow individual exemptions for certain E&T Program participants. However, for food stamp purposes, these participants are considered to be work registered and participating in the E&T Program.
See FSC 3210-3290 for an explanation of the work registration exemptions. See FSC 3310.3 for an explanation of the referral process.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3420 - 3431 SUBJECT: E & T PROGRAM/REFERRAL
DATE: 7-1-91
A copy of the E&T Program Referral (EMS-205) will be given to the household to serve as the registrant's notice. It explains to the registrant:
1.The pertinent work requirements;
2.The rights and the responsibilities of each E&T Program registrant; and
3.The consequences of the registrant's failure to comply with the E&T Program requirements.
When the EMS-205 is completed in the presence of the applicant or participant, the caseworker will insure that the registrant understands this information.
3430Changes After Referral
After initial referral to the E&T Program, changes in the registrant's status may occur. Changes in status which will affect the E&T Program case must be reported to the E&T Program worker via EMS-1410 within 10 days of the date the change became known to the county. Such changes include, but are not limited to:
. Case Closure - including automatic closures of MR cases;
. Changes in work registration exemption status;
. Change in county of residence; and
. Change of address.
Specific instructions for processing certain common types of changes are provided in FSC 3431 - 3434.
3431Referral Review
Project SUCCESS Unit staff will review all EMS-205's received. If a registrant is believed by a Project SUCCESS staff member to be exempt from the work registration requirements, an EMS-1410 will be used to transmit, in writing, the reasons the registrant is believed to be exempt. (For example, if a household member came in for a E&T Program assessment and was obviously retarded, the E&T Program worker would send an EMS-1410 to the food stamp case worker reporting this information.)
This EMS-1410 will be returned to the food stamp case worker who must review the status of the registrant and, within 30 days, send a written report to the Project SUCCESS Unit via EMS-1410. The report will contain the food stamp caseworker's reassessment of the individual's status as exempt or non-exempt. Project SUCCESS will abide by this report. While the registrant's referral is under review, the E&T Program case is considered to be open and active.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3431 - 3434 SUBJECT: E & T PROGRAM CHANGES
DATE: 7-1-91 TRANSFER, CLOSURE
NOTE:If the Project SUCCESS staff indicates that a registrant is disabled and the disability is not obvious to the food stamp worker, verification of the registrant's disabling condition will be requested using the procedures in FSC 3230. The member will be allowed 10 days to provide this verification. If it is not provided, the registrant will be re-referred to E&T Program.
3432Change in Exemption Status
When a household member loses an exemption due to a change which must be reported as specified in FSC 11200, an EMS-205 will be completed and routed as instructed in FSC 3310.3
3433Transfer of the E&T Program Case
If an E&T Program participant moves to another county, the EMS caseworker will complete an EMS-1410 showing the participant's new address and county of residence.
The Project SUCCESS Unit will take the actions necessary to close the E&T Program case. The case will be transferred to the participant's new county of residence or base county.
3434Close/Termination
An E&T Program case is closed when the participant is no longer eligible for food stamp benefits or is determined to be exempt from the E&T Program participation requirements. The E&T Program case is closed automatically on the last day of the certification period indicated on EMS-205, unless extended by the food stamp worker via EMS-1410.
If a food stamp participant becomes exempt from work registration requirements or goes to work during the certification period the food stamp worker must notify the Project SUCCESS Unit via EMS-1410. Closure becomes effective on the day the EMS-1410 is received by the Project SUCCESS Unit.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3500 - 3500 SUBJECT: E & T PROGRAM COMPLIANCE
DATE: 7-1-91
3500Compliance With Work Registration/Project SUCCESS
Work Registrants must:
1.Participate in the E&T Program if referred through the Food Stamp Program;
2.Respond to a request from either the food stamp or Project SUCCESS worker for supplemental information regarding employment status or availability for work;
3.Report to an employer to whom referred by the E&T Program if the employment is suitable as defined in FSC 3510; and
4.Accept a bona fide offer of suitable employment at a wage not less than the higher of the applicable State or Federal minimum wage.
Individuals who are exempt from work registration solely due to receipt of unemployment benefits (see FSC 3260) and who fail to comply with comparable ESD work registration requirements will be subject to sanction in the Food Stamp Program.
In the E&T Program, "failure to participate" includes but is not limited to, the following examples:
1.Refusal to accept social services that would enable the participant to overcome identified barriers that are preventing the participant from accepting appropriate work or training assignment.
2.The participant fails to show for Job Club or accepts a Job Club assignment but fails to attend.
3.The participant assigned to Job Search fails to appear for Project SUCCESS scheduled activities.
4.The participant fails to show for assessment or completed assessment activities.
5.A client terminates or refuses to accept employment or reduces earnings without good cause.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3500 - 3510 SUBJECT: E & T PROGRAM COMPLIANCE/
DATE: 7-1-91 GOOD CAUSE
The county EMS office is responsible for determining good cause in instances where the work registrant has failed to comply with any work registration requirements except the E & T Program.
The Project SUCCESS Unit will determine if good cause existed when a food stamp participant refuses or fails to comply with E&T Program requirements.
3510Good Cause
All facts and circumstances, including information submitted by the registrant involved and the employer, will be considered in determining good cause. Good cause includes circumstances beyond the household member's control. Examples of good cause include, but are not limited to:
-A household emergency;
-The unavailability of transportation;
-The lack of adequate child care for children who have reached the age of six, but are under the age of 12; or
-The work that the registrant failed to accept or continue is unsuitable.
Under no circumstances will an E & T Program participant or work registrant be required to accept or be penalized for failure to accept or continue employment which is determined unsuitable. The case record will contain documentation of the reason the employment was determined unsuitable. Employment will be considered unsuitable if:
1.The wages offered are less than the highest of:
-The applicable Federal minimum wage ($4.25 per hour); or
-The applicable State minimum wage ($3.35 per hour); or
-80% of the Federal minimum wage if neither the Federal nor State minimum wage is applicable.
2.The employment offered is on a piece-rate basis and the hourly yield the employee can reasonably be expected to earn is less than the applicable hourly wages specified above.
3.The registrant, either to be hired or to continue employment, is required to join, resign from, or refrain from joining any legitimate labor organizations. This applies to situations where the prospective employer specifically prohibits membership, and also to situations where the registrant will not be able to retain his union membership if a non-union job is accepted. A union member can be required to accept full-time, non-union employment if he will not be dropped from the union rolls as a result or if he voluntarily drops his union membership.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3510 - 3520 SUBJECT: E & T PROGRAM - GOOD CAUSE
DATE: 7-1-91
4.The employment offered is located at a site subject to a strike or a lockout at the time of the offer. This does not apply when the strike has been enjoined under S208 of the Labor-Management Relations Act (29 U.S.C. 78, commonly known as the Taft-Hartly Act), or when an injunction has been issued under Section 10 of the Railway Labor Act (45 U.S.C. 160).
Any other employment offered to a particular registrant will be considered suitable unless the registrant can demonstrate or the local office otherwise becomes aware that:
-The degree of risk to health and safety is unreasonable;
-The registrant is physically or mentally unfit (as established by documentary medical evidence or other documented and reliable information), to perform the employment;
-Employment offered within the first 30 days of registration is not in the registrant's major field of employment;
-The working hours or nature of employment interferes with the member's religious observances, convictions, or beliefs - e.g. a Sabbatarian could refuse to work on the Sabbath; or
-The distance between the registrant's residence and the place of employment is unreasonable considering the expected wage and the time and cost of commuting. In any case, employment will not be considered suitable if daily commuting time exceeds two hours per day not including the transportation of a child to and from a child care facility. Employment is also considered unsuitable if the distance from the registrant's residence is not within reasonable walking distance and neither public nor private transportation is available.
3520Sanction
A two month disqualification will be imposed when an individual fails or refuses, without good cause, to comply with work registration or E & T Program requirements while participating in the Food Stamp Program. This includes individuals who fail or refuse to comply with certain ESD requirements and individuals who fail or refuse to comply with the AFDC Project SUCCESS requirements.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3520 - 3520 SUBJECT: E & T PROGRAM - SANCTION
DATE: 5-1-93
The two month period of disqualification will apply only to the individual who failed or refused to comply unless that individual is the head of the household as defined in FSC 3120. If the non-compliant member was the head of household, the period of disqualification will apply to the entire household.
To disqualify an entire household, the caseworker will close the household's food stamp case.
To disqualify an individual household member, the caseworker must recalculate the household's budget as instructed in FSC 1623.2 or in the case of Project SUCCESS, FSC 12110.
After the disqualification has ended, eligibility may be re-established.
If the non-compliant household member continues to be sanctioned in the AFDC Program for failure to comply with Project SUCCESS, the household's food stamp allotment must not be increased. See FSC 12110-12110.2.
If the entire household was disqualified and the case closed, the household must submit another application and be determined eligible to participate in the Food Stamp Program. (The date of application may not be earlier than the first day of the month following the last month of the disqualification period).
If a household member was disqualified, the member may be re-added to the household's case effective for the month following the last month of the disqualification period. Before the member is re-added, the caseworker must contact the household to ensure that the member has not left the household. The member's employment status should also be examined. To accomplish this, the caseworker may utilize the review for change fields on the DCO-233 (Authorization Document).
At the beginning of the last month of the disqualification period, the caseworker will issue an DCO-1 to the household. The household will be advised that it must contact the caseworker to clarify the member's current status and/or to complete the necessary work registration forms before the member will be re-added. If the requested information is not provided by the last day of the last month of the disqualification period, the member will not be re-added but the caseworker will shorten the household's certification period as instructed in FSC 11320.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3521 - 3521 SUBJECT: IMPOSING DISQUALIFICATION
DATE: 7-1-91
3521Imposing the Disqualification
If the caseworker becomes aware that an eligible member has failed to comply with the work registration or E&T Program requirements specified in FSC 3500 while the household was participating in the Food Stamp Program, the caseworker will complete the following steps.
Step 1 -Determine if the individual who failed to comply is still subject to the work registration requirements. Use FSC 3200 - 3300. If no, document this fact in the case record. Document any verification obtained if verification of the exemption is necessary. Take no additional action. No sanction will be applied. If yes, go to Step 2.
Step 2 -Determine if the member failed to comply with the work registration or the E&T Program requirements. If the member failed to comply with E&T Programs, go to Step 4. (Good cause is determined by the Project SUCCESS.) If the member failed to comply with work registration, go to Step 3.
Step 3 -Determine if the member had good cause for failure to comply. If yes, document the good cause in the case record. Take no additional action. No sanction will be applied. If no, go to Step 4.
Step 4 - Impose the sanction as instructed in FSC 3520.
When a caseworker becomes aware that entitlement to unemployment checks has been denied or terminated, the following steps will be taken.
Step 1 -Determine which ESD requirement was not met - e.g. - did an eligible household member refuse a job without good cause? If the requirement is not comparable to one of the food stamp work registration requirements listed in FSC 3100, no action will be taken.
Step 2 -If the requirement which was not met is comparable to a food stamp requirement, determine if the member was exempt solely due to receipt of employment benefits. If the member is otherwise exempt, no action will be taken. For example, a member responsible for the care of a dependent child age 4 fails to comply with an ESD requirement. Since the member is exempt under the dependent care provisions, no sanction will be applied to the food stamp household.
Step 3 -If the member was exempt solely due to receipt of unemployment benefits, determine if the registrant had good cause for failure to comply. (See FSC 3510 for an explanation of good cause.) If the member had good cause for failure to comply, no action will be taken. If not, go to Step 4.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3521 - 3521 SUBJECT: IMPOSING DISQUALIFICATION
DATE: 7-1-91
Step 4 -If the member did not have good cause for failure to comply, impose the sanction as instructed in FSC 3520.
When an AFDC recipient is sanctioned for failure or refusal to comply with a JOBS, New Hope or Unemployed Parents Program requirement, the AFDC worker is responsible for either:
a)Insuring that a sanction is also imposed in the food stamp case; or
b)Notifying the food stamp worker that a sanction has been imposed in the AFDC case.
When the AFDC recipient is sanctioned for failure or refusal to comply with an AFDC JOBS, New Hope, Unemployed Parents Program the AFDC worker must either take the appropriate actions or must notify the appropriate food stamp worker of the sanction. The AFDC recipient can cure or prevent sanctions in their food stamp case if they cooperate or agree to cooperate with the Food Stamp E&T Program. When an AFDC JOBS, New Hope or Unemployed Parents Program sanction is imposed, either the AFDC worker or the food stamp worker will complete the following steps.
Step 1 -Determine if the AFDC recipient is exempt from the work registration requirement for a reason other than Project SUCCESS participation. If yes, take no additional action. A sanction will not be imposed, however, the household's benefits will not be increased as a result of the decrease in the AFDC allotment. See FSC 12110-12110.2. If no, go to Step 2.
Step 2 -Prepare an DCO-1 to advise the household of the effects of the sanction on the food stamp case and that they may prevent the sanction by contacting the Project SUCCESS Unit and cooperating with the E&T Program requirements within the ten-day advance notice period.
Step 3 -At the same time, prepare an DCO-205, Project SUCCESS Referral, for the sanctioned AFDC recipient. Send the original EMS-1 and a copy of the DCO-205 to the client. Send a copy of the EMS-1 and the original DCO-205 to the Project SUCCESS Unit.
Step 4 -If the client contacts the Project SUCCESS Unit and cooperates or agrees to cooperate within the ten day advance notice period, take no additional action. A sanction will not be imposed. If no, go to Step 5.
Step 5 -Impose the appropriate sanction as instructed in FSC 3520.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3521 - 3521 SUBJECT: APPLYING SANCTION
DATE: 5-1-93
When to Impose a Sanction
Prior to the imposition of a sanction, a notice of adverse action must be issued to the household. See FSC 3522. Unless the household is in its last month of certification and has not been recertified, the sanction will be imposed for the month following the month in which the notice of adverse action expired.
Example - A household is certified for July through December. On August 16, the Project SUCCESS worker notifies the food stamp worker of an E&T non-compliance. On August 23, the food stamp worker issues a ten-day advance notice of adverse action expiring on September 2. The disqualification period will be October and November.
If the household is in its last month of certification and an application for recertification has not been approved, the sanction will be imposed for the next two consecutive months. This is true even when the household has not submitted an application for recertification.
Example 1 - A household is certified for July and August. On August 28, the Project SUCCESS worker notifies the food stamp worker of an E&T non-compliance by the head of the household as defined in FSC 3120. On August 31, the food stamp worker denies the household's application for recertification and imposes a sanction for the months of September and October. The household is notified of the denial and the reason for denial via manually issued EMS-1.
Example 2 - A household is certified for July and August. No application for recertification has been submitted. On August 28, the Project SUCCESS worker notifies the food stamp worker of an E&T non-compliance by the head of the household. On August 31, the food stamp worker imposes a sanction for the month of September and October. The household is notified of the sanction period via EMS-1.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3522 - 3522 SUBJECT: DISQUALIFICATION - NOTICES
DATE: 5-1-93
3522Notices
Before disqualification of any household or household member as per FSC 3520 for non-compliance with a work registration or E&T Program requirement, a notice must be issued to the household.
Unless the household is in its last month of certification, the notice must be sent at least ten days before the effective date of the imposition of the sanction. If the household is in its last month of certification, the timing of the notice will depend on the case's status. If the household has submitted an application for recertification which has already been approved, a ten day advance notice of adverse action must be sent. If the household has submitted an application for recertification which has not been approved, the sanction will be imposed before action is taken on the application and an EMS-1 manually issued to explain the effects of the sanction. Even if no application has been submitted, an EMS-1 must be issued to the household to explain the sanction period and the effects of the sanction.
If the entire household is to be disqualified the notice will specify:
1.That the entire household is being disqualified;
2.Why the household is being disqualified;
3.When the disqualification will be imposed;
4.The months to be included in the period of disqualification; and
5.Any actions which the household may take to avoid or to end the disqualification. (See FSC 3523 - 3524.2.)
If only the individual who failed to comply is to be disqualified. The notice will specify:
1.That only one member is being disqualified;
2.Why this member is being disqualified;
3.How this disqualification will affect the household's food stamp allotment (See FSC 1623.2).
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3522 - 3522 SUBJECT: DISQUALIFICATION - NOTICES
DATE: 7-1-91
4.When this disqualification will be imposed;
5.The months to be included in the period of disqualification; and
6.Any actions which the member may take to avoid or to end the disqualification.
At the same time the notice of adverse action is sent to the household, a copy of the notice will be sent to the Project SUCCESS Unit.
When the notice expires and the case is actually closed, an EMS-1410, Work Program Status, Information Exchange/Savings Communication, will be completed and sent to the Project SUCCESS Unit.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3523 - 3523 SUBJECT: ENDING DISQUALIFICATION
DATE: 7-1-91
3523Ending A Disqualification Through Compliance
A disqualification (either for an individual or for an entire household) due to failure to comply with work registration or E&T Program may be avoided or ended if the individual becomes exempt from work registration or complies with the requirement. A list of actions which causes disqualification is shown below. Also shown is the action which the individual may take to avoid or to end the disqualification.
NON-COMPLIANCE TO END DISQUALIFICATION
1. Failure or refusal to register 1. Registers for E&T Program.
for E&T Program.
2. Failure or refusal to partici- 2. Compliance with the E&T Pro-
pate in the E&T Program. gram assignment or an alterna-
tive assignment as designated
by the Project SUCCESS Unit.
3. Failure or refusal to respond 3. Provides needed information.
to a request from food stamp
worker or the Project SUCCESS
for supplemental information
regarding employment status or
availability for work.
4. Failure or refusal to report 4. Reports to the employer if
to a suitable employer to whom work is still available or to
referred by E&T Program. another employer to whom
referred by the E&T Program.
5. Failure or refusal to accept 5. a) Acceptance of the employment
a bona fide offer of suitable offered; or
employment at a wage not less b) Acceptance of any other em-
than the higher of either the ployment which yields earn-
applicable state or federal ings per week equivalent to
minimum wage. the refused job, or securing
any other job of at least
30 hours per week or less
than 30 hours with earnings
equivalent to the federal
minimum wage of $4.25 X 30
hours.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3523.1 - 3524 SUBJECT: ENDING DISQUALIFICATION
DATE: 5-1-93
3523.1Ending Disqualification When Household Composition Changes
See FSC 3520 for an explanation of the sanctions imposed for a work registration or E&T Program non-compliance.
Any sanction imposed on a household because a member has not complied with a work registration or E&T Program requirement will be lifted if the non-compliant member leaves the household. If only the member was disqualified, that member and his income and/or resources will be dropped. If the entire household was disqualified, the household may reapply and participate in the Food Stamp Program if otherwise eligible. However, the sanction does not end. The member who refused or failed to comply with the work registration or E&T Program requirement continues to be disqualified. If he joins another household and as its head of household as defined in FSC 3120, that household will be disqualified for any months remaining in the original disqualification period. If he joins another household but is not its head of household, he will remain disqualified for any months remaining in the original disqualification period.
Food Stamp benefits will not be increased when AFDC benefits are reduced, suspended or terminated because a household member intentionally failed to comply with a Project SUCCESS requirement. See FSC 12110-112110.2 instructions.
See FSC 11433 for instructions on determining head of household when a change in household composition occurs.
See FSC 1623.2 for instructions on disqualifying an individual due to work registration or E&T Program non-compliance.
The addition of a new household member may also affect a previously disqualified household. A disqualification period may be ended if the new household member enters a household as its head of household. (See FSC 11433.) To re-establish eligibility, the household must reapply and be found otherwise eligible to participate in the Program. However, the individual who failed or refused to comply with an E&T Program or work registration requirement will continue to be disqualified for any months remaining in the original disqualification period.
3524E&T Program Non-Compliance
When an E&T participant refuses to accept or perform a Project SUCCESS assignment, fails to keep a scheduled appointment, refuses to accept employment without good cause or otherwise demonstrates non-cooperation with the E&T Program requirements, the Project SUCCESS Unit initiates the conciliation process. During the conciliation period, the participant must demonstrate to the Project SUCCESS unit that he will cooperate with the E&T Program requirements.
If the Project SUCCESS Unit determines the participant has failed or refused to cooperate during the conciliation process, an EMS-1410 containing a request for sanction will be sent to the food stamp worker. Within ten days of the receipt of the request for sanction, the food
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3524 - 3524.1 SUBJECT: NON-COMPLIANCE/PREVENTING
DATE: 4-1-92 DISQUALIFICATION
stamp worker must send an advance notice of adverse action (EMS-1) advising the household of the proposed sanction. (See FSC 3520 for information on sanctions.) The notice will also advise the participant to contact the Project SUCCESS Unit directly to avoid a sanction by cooperating with the E&T Program requirements during the ten-day advance notice period. A copy of the EMS-1 will be sent to the Project SUCCESS Unit.
If by the end of the advance notice period, the food stamp worker has not been notified that the participant has cooperated with the E&T Program requirements, the sanction will be imposed.
3524.1Preventing A Disqualification For E&T Program Non-Compliance
When registrants do contact the Project SUCCESS Unit seeking to avoid a disqualification for an E&T non-compliance, Project SUCCESS will determine what action or actions the registrant must take. Depending on the situation, compliance may be demonstrated by:
1.Complying with the same requirement with which the household originally failed to comply;
2.Complying with another E&T Program component as assigned by the Project SUCCESS worker; or
3.Stating that he will cooperate and will participate in the assigned component.
If the registrant demonstrates to the Project SUCCESS Unit within the ten day advance notice period that he is in compliance, the Project SUCCESS worker will complete an EMS-1410 stating that the registrant is in compliance and will route it to the food stamp caseworker.
If the household does not contact the Project SUCCESS Unit or does not comply with E&T Program, the proper sanction will be imposed. See FSC 3520 for the sanctions.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3524.2 - 3524.2 SUBJECT: ENDING A DISQUALIFICATION
DATE: 7-1-92
3524.2Ending A Disqualification For An E&T Program Non-Compliance
If a registrant wishes to comply with an E&T Program requirement after a sanction has been imposed, the following procedure will be used.
a)Either the registrant or another responsible household member must contact the food stamp caseworker and state that the registrant wishes to comply with any applicable E&T Program requirement.
b)No later than the end of the next work day, the food stamp caseworker must complete and route an EMS-205 advising the Project SUCCESS Unit that the registrant has stated that he wishes to comply with any applicable E&T Program requirement.
c)Within 10 calendar days, the Project SUCCESS worker must interview the registrant and determine if the registrant is in compliance. By the end of this 10 calendar day period, the Project SUCCESS worker must send an EMS-1410 to the food stamp caseworker to advise the caseworker of the registrant's E&T Program Status.
If the registrant does comply with the E&T Program, the sanction may be ended. If the household moves to a county where the E&T Program is not operated, the sanction may be ended.
If the sanction involved only a household member, the member may be re- added to the food stamp case effective for the next scheduled issuance of food stamps. This will be the month following the month of compliance even if a supplemental issuance must be prepared. For example, if the caseworker receives notice of compliance on July 26 the member will be re-added effective August 1.
If the sanction involved the entire household, it may begin participa- ting in the Program again if otherwise eligible. If the household submitted its application prior to the determination of compliance, the date of application will be the date of compliance as verified by the Project SUCCESS Unit. If the household submits its application after the determination of compliance, the date of application will be the date the application was received in the county office.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3530 - 3530 SUBJECT: WORK PROGRAM SAVINGS
DATE: 7-1-91
3530E&T Program Savings
E&T Program savings will be reported on the EMS-1410 when the coupon allotment has been reduced as a result of:
a)a sanction for non-compliance with the E&T Program;
b)a client beginning to work; or
c)case closure when the client fails to verify earnings.
The savings reported will be based on one month's coupon allotment and not projected to the end of the certification period.
When reporting the savings, which result from a client entering employment, the caseworker will complete the following steps.
Step 1 -Determine the client's continued eligibility prospectively as explained in FSC 7512 - 7524.1.
Step 2 -Subtract the coupon allotment determined in step 1 from the amount the client would have received had they not started working.
Step 3 -Report the difference on the EMS-1410, section 11, item 7.
NOTE:Savings will be given only if an EMS-205 has previously been routed to Project SUCCESS.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3600 - 3600 SUBJECT: VOLUNTARY QUIT
DATE: 5-1-93
3600Voluntary Quit
A voluntary quit is defined as the intentional departure of an employee from a suitable job without good cause. The voluntary quit provisions do not apply to changes in employment status resulting from:
a.Reducing hours of employment while working for the same employer;
b.Termination of a self-employment enterprise; or
c.Resigning at the demand of the employer.
At the application interview, the caseworker must explain the voluntary quit penalties to the applicant. These penalties are summarized below.
For Applicant Households
When the head of household (as defined in FSC 3120) quits a job without good cause 60 days or less prior to the date of application, the application will be denied and the entire household will be disqualified for 90 calendar days. The specified 90 day period always begins with the date of quit.
For Participant Households
When the head of household (as defined in FSC 3120) quits a job without good cause while participating in the Program, the entire household will be disqualified for a three-month period. See FSC 3640.
The voluntary quit penalties follow the individual who committed the quit. If this individual leaves the disqualified household and joins another participating household as its head of household as specified in FSC 3120, the new household becomes ineligible for the remainder of the sanction period unless the sanction is otherwise ended as per FSC 3660. If this individual leaves the disqualified household and joins another household, as its head of household, that household may not be approved to participate in the Food Stamp Program until the sanction period has ended.
FSC 3610 - FSC 3660 explains how sanctions will be applied to participating and applicant households.
NOTE:Benefits will not be delayed beyond the normal processing time frames pending the outcome of a determination of voluntary quit.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3610 - 3610 SUBJECT: VOLUNTARY QUIT
DATE: 5-1-95
3610Determining If a Household is Subject to Sanction
A household may be subject to sanction if the head of the household as defined in FSC 3120, voluntarily quits a job. Sanctions may be applicable if a voluntary quit occurs:
.60 days or less before the date of application; or
.At any time while the household is participating in the program.
Sanctions are also applicable when a voluntary quit occurs but is not reported in a timely fashion. This includes, but is not limited to the following instances:
.A voluntary quit occurs 60 days or less before the date of application, is not reported by the household at application, and is discovered after application approval.
.A voluntary quit occurs between the date of the application interview and the date of application approval and is reported after the approval notice is received by the household.
.A voluntary quit occurs while the household is certified but is not reported in a timely fashion.
Whenever a loss of earned income is reported at initial application, re-application, reported change, or on a quarterly report the caseworker must determine if the voluntary quit sanctions are to be applied. If an individual quits employment of 20 hours or more per week, secures new employment and is then laid off or terminated from the new job, the earlier quit will not be used as the basis of a disqualification. This statement is true for both applicant households and participating households.
The following steps must be completed to determine if a voluntary quit has occurred and a sanction should be applied.
Step 1 -Determine if the employment involved 20 hours or more per week or provided weekly earnings equivalent to the Federal minimum wage of $4.25 multiplied by 20 hours. If yes, go to step 2. If no, the household will not be sanctioned.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3610 - 3620 SUBJECT: VOLUNTARY QUIT - GOOD CAUSE
DATE: 5-1-95
Step 2 -Determine if the member who quit was the head of household at the time of the quit. See FSC 3120-3121. In case of applicant households, it may be necessary to ask the household if it wishes to designate its head of household.
If the member who quit was the head of household, go to step 3.
If no, the household will not be sanctioned.
Step 3 -Determine if the member who quit is between the ages of 16 and 60. If this member is less than age 16 or age 60 or older, a sanction will not be applied. If this member is between ages of 16 and 59, go to step 4.
Step 4 -Determine if the member who quit is subject to the work registration requirements. Use FSC 3200 - 3290. If this member is exempt from the requirements at the time the quit occurred (excluding the exemption for employment) or presently exempt, no sanction will be applied. If the member who quit is subject to work registration, go to step 5.
Step 5 -Determine if the quit was for good cause. Use FSC 3630. If yes, the household will not be sanctioned. If no, the household will be sanctioned. See FSC 3640 for the applicable sanction.
3620Good Cause For Voluntary Quit
When determining good cause in cases of voluntary quit, all facts and circumstances must be considered. For example, the statements of the former employee and/or collateral contacts designated by the employee must be considered along with the employer's statements.
Generally, good cause refers to circumstances beyond the control of the individual who voluntarily quit the job. Such circumstances may include, but are not limited to, illness, the illness of another household member, a household emergency, the unavailability of transportation, or the lack of adequate child care for children who have reached the age of 6 but are under the age of 12.
Specifically, good cause applies in the following situations.
A.When employment is unsuitable
Employment is unsuitable when:
1.Wages were less than the highest of
- The applicable Federal minimum wage ($4.25 per hour), or
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3620 - 3620 SUBJECT: VOLUNTARY QUIT - GOOD CAUSE
DATE: 5-1-93
- The applicable State minimum wage ($3.35 per hour), or
- 80% of the Federal minimum wage if neither the Federal nor
State minimum wage is applicable.
2.The employment was on a piece-rate basis, and the hourly yield the employee was earning was less than the applicable hourly wages.
3.The household member was required to join, resign from, or refrain from joining any legitimate labor organizations to continue employment.
4.The employment was located at the site of a strike or lockout if:
- The individual who quit was not a member of the bargaining
unit on strike; and
- The individual will not cross the picket line due to fear of death or personal injury.
Any employment, with the exception of items 1 - 4 above, will be considered suitable unless the household can demonstrate or the local office otherwise becomes aware that:
a.The degree of risk to health and safety was unreasonable;
b.The member is physically or mentally unfit to perform the employment as established by documentary medical evidence or other documented and reliable evidence; or
c.The distance between the registrant's residence and the place of employment was unreasonable as specified in FSC 3511.
(Example - A household member may accept employment and then determine that the cost of commuting offsets the wages earned.)
B.When There Were Work Problems Beyond The Individual's Control
Examples are listed below.
1.Discrimination by an employer. This includes discrimination based upon age, race, sex, color, handicap, religious beliefs, national origin, or political beliefs.
2.Work demands or conditions that render continued employment unreasonable. Examples are working without being paid on schedule, unsafe conditions in the work place, or hazardous work sites.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3620 - 3621 SUBJECT: VOLUNTARY QUIT - GOOD CAUSE
DATE: 5-1-93
C.When There Was Acceptance of Other Employment or Enrollment in
School
This includes:
1.Acceptance of any bona fide offer of employment which subsequently fails to materialize; or
2.Acceptance of other employment or enrollment at least half-time in any recognized school, training program, or institution of higher education by
The head of household (as defined in FSC 3120) which requires him/her to leave employment.
This also applies when any other household member accepts employment in another location and the household is required to the head of household loses his/her job a result.
D.When There Were Other Valid Reasons For Leaving Employment
Other valid reasons include:
1.Resignation by an individual under age 60 when the resignation is recognized by the employer as retirement; or
2.Leaving a job in connection with patterns of employment in which workers frequently move from one job to another (e.g. migrant farm labor or construction work). There may be some situations in which the households will apply for food stamps between jobs, particularly in cases where work may not be available at the new job site. Even though employment at the new site has not actually begun, good cause for quitting the previous job exists if the quit occurred as a part of an employment pattern.
3621Caseworker Judgment in Applying the Good Cause Provisions of Voluntary Quit
There will be situations not specifically mentioned where the caseworker feels that there was good cause for a voluntary quit. In such situations the county office will seek a policy interpretation through the normal chain of command. All such situations will be documented in the case record.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3630 - 3640 SUBJECT: VOLUNTARY QUIT - VERIFICATION
DATE: 5-1-93
3630Verification of Voluntary Quit
The following items must be verified when a loss of earned income is reported:
1.The last date of employment;
2.The reason the employment was terminated; and
3.The last date of pay.
The household has the primary responsibility for providing verification.
In situations where it is difficult or impossible for the household to obtain the needed verification in a timely manner, the caseworker will offer assistance to the household. Acceptable sources of verification include the previous employer, employee associations, union representatives, grievance committees, or other organizations which represent employees who are aggrieved.
The caseworker will substitute collateral contacts as described in the glossary under "Collateral Contacts" when documentary evidence cannot be obtained.
The household will not be denied access to the program when the requested verification cannot be obtained due to the circumstances surrounding the quit. Examples of such situations are:
1.Resignation from employment as a result of discriminatory practices or sexual harassment;
2.Resignation due to unreasonable demands by an employer; and
3.Being unable to locate the employer.
The case record will be thoroughly documented to reflect all efforts by the household and the caseworker to obtain the needed verification.
3640Sanction Periods
When the decision is made that the head of the household as defined in FSC 3120 voluntarily quit a job without good cause, a sanction must be applied.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3640 - 3640 SUBJECT: VOLUNTARY QUIT -
DATE: 5-1-95 DISQUALIFICATION
The type of sanction to be applied depends on the household's status
when the quit occurred. See the chart below.
WHEN QUIT OCCURRED TYPE OF SANCTION
1. Within 60 days prior to the 1. 90 Day Disqualification
date of application.
Begins with the day of the
quit.
2. Occurred prior to application 2. Three Month Disqualification
date, discovered after household
certified. Begins month after expiration
of notice of adverse action.
3. Occurred between date of appli- 3. Three Month Disqualification
cation interview and date of
application approval but Begins month after expiration
reported after approval notice of notice of adverse action.
received.
4. Occurred while household was 4. Three Month Disqualification
participating and reported
before last month of certifica- Begins month after expiration
tion period. (Includes quits of notice of adverse action.
reported on a quarterly report.)
5. Occurred in last month of 5. 90 Day Disqualification
certification period.
Begins with day after the
certification period ends.
6. Occurred before last month of 6. 90 Day Disqualification
certification, not discovered
until last 30 days of certifi- Begins with day after the
cation period and household certification period ends.
reapplied before end of certi-
fication period.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3640 - 3650 SUBJECT: VOLUNTARY QUIT -
DATE: 7-1-91 DISQUALIFICATION
WHEN QUIT OCCURRED TYPE OF SANCTION
7. Occurred before last month of 7. Overpayment or Combination of
certification, discovered during Disqualification and Overpay-
last 30 days of certification ment
period, and household did not
reapply before end of certifi- Prepare an overpayment for any
cation period. allotments issued to the house-
hold during the 90 day period beginning with the first day of
the month following the month
in which the quit occurred.
If there was not a 90 day
period between the quit and
the end of the certification
period, impose a disquali-
fication so the overpayment
period and the disqualifica-
tion period will equal 90
days.
3650Applying the Sanction
When a voluntary quit is discovered prior to application approval, the household's application will be denied and a 90 day disqualification will be imposed upon the entire household. The disqualification period will begin with the day of the quit. The household will be issued a denial notice which contains the following information:
1.The reason for the denial and disqualification;
2.The length of the disqualification including the beginning and ending dates;
3.The household's right to reapply at the end of the disqualification period;
4.Any actions the household may take to end the disqualification (FSC 3660); and
5.The household's right to a fair hearing.
After the end of the 90 day disqualification period, the household may reapply and participate in the Food Stamp Program if otherwise eligible. If the household reapplies in the last month of its disqualification period, benefits will not be prorated beyond the last day of the disqualification period.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3650 - 3650 SUBJECT: APPLYING THE SANCTION
DATE: 5-1-95
Example:A household applied for benefits on November 20. The head of household (as defined in FSC 3120) had committed a voluntary quit on November 8. The household's application was denied and a 90 day disqualification period was imposed. This disqualification was to end on February 6.
On February 2, the household reapplied and on February 23, this application was approved; however, the household's benefits were prorated to February 7.
Within ten days of determining that a voluntary quit has occurred in a participating household (including those in their last month of certification), an adequate notice will be provided to the household.
If the household is subject to quarterly reporting, the notice will be provided when the household actually reports the quit on a change report form or on the quarterly report. If the household does not report the quit on the first quarterly report following the date of the quit, the notice will be issued within 10 days of the date the Agency becomes aware of the quit. This notice must contain the following information.
1.A statement that a disqualification period or that a combination of an overpayment and disqualification period will be imposed;
2.The reason for the disqualification;
3.The length of the disqualification period including the beginning and ending dates;
4.Any actions the household may take to avoid or to end the disqualification (See FSC 3660);
5.The household's right to reapply at the end of the disqualification period; and
6.The household's right to a fair hearing.
Unless the household is in the last month of its certification period, the notice must be in the form of an advance notice. That is, it must be sent at least ten days before the effective date of the action. If the household is in the last month of its certification period, the notice may be adequate. An adequate notice must be received before or at about the same time the household would normally receive its food stamp allotment. See the definition of "Notice of Action" in the Glossary for a full explanation.
After the disqualification period has ended, the household may reapply and, if otherwise eligible, may participate in the Food Stamp Program.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3660 - 3660 SUBJECT: ENDING DISQUALIFICATION
DATE: 5-1-93
3660Ending Disqualification for Voluntary Quit
A disqualification may be ended and the household's eligibility for food stamps may be re-established if the member who caused the disqualification:
1.Becomes exempt from the work registration requirements as specified in FSC 3210-3290 except for exemptions granted solely due to receipt of unemployment compensation (FSC 3260) or due to registration for or participation in Project SUCCESS Jobs, New Hope or Unemployed Parents Programs (FSC 3250); or
2.Leaves the household; or
3.Secures new employment which is considered comparable to the job which was quit.
NOTE:Any gainful employment will be considered "comparable" regardless of the hours worked or the wages paid. Those individuals who secure new employment of less than 30 hours weekly or who receive a gross salary less than the Federal minimum wage times 30 hours weekly will be subject to work registration unless otherwise exempt. See FSC 3200.
If a household which has been disqualified due to a voluntary quit splits into more than one household, the sanction will follow the member who caused the disqualification. If the member who caused the disqual- ification joins another food stamp household as its head of household as defined in FSC 3120, that household will be ineligible for any months remaining in the disqualification period. No disqualification will be applied if this member is not the head of household.
To re-establish eligibility, the household must reapply and be found otherwise eligible to participate in the Program.
FOOD STAMP CERTIFICATION MANUAL SECTION: WORK REGISTRATION
3700 - 3700 SUBJECT: APPEALS
DATE: 7-1-91
3700Appeal of County Decisions
All decisions regarding work registration, Project SUCCESS participation or voluntary quit determinations may be appealed through the fair hearing process explained in FSC 16300 - 16330.
When a Project SUCCESS Program participant appeals an action taken by a Project SUCCESS worker, a Project SUCCESS staff member will participate in the hearing. Copies of Project SUCCESS documentation used to record the registrant's non-cooperation will be made part of the fair hearing file.
When a participating household appeals the county's decision regarding failure or refusal to comply with work registration requirements, or the Project SUCCESS Program, or because a voluntary quit sanction within the notice period, benefits will be continued providing:
1.The household did not waive continuation of benefits; and
2.The household's certification period has not expired. (Certifica- tion periods cannot be extended to accommodate continuation of benefits.)
The caseworker will restore lost benefits to the household if the fair hearing decision is in the household's favor and continued benefits were waived. If the fair hearing decision is in the county's favor and the household's benefits were continued during the hearing process, the disqualification will be imposed as soon as possible. If the period of certification has expired, the disqualification will be imposed prior to the household's first monthly issuance after the next certification.
Even if the household has not reapplied, it will be advised of the disqualification and the steps it must take to end the disqualification in order to participate in the Food Stamp Program.