2550 Comparable Treatment for Disqualifications - If a disqualification is imposed on a household or members of a household for failure to perform an action required under TAF, the agency shall impose the same disqualification to the Food Stamp Program on the member of the household who failed to comply with the TAF requirements. This provision only applies when a penalty is assessed, not when assistance is denied when the individual is an applicant. The individual must be receiving food stamp benefits and TAF at the time of the disqualification in the TAF program to be disqualified from the Food Stamp Program under these provisions.
Failure to comply with TAF work-related requirements is the only TAF disqualification that will apply to the Food Stamp Program. This comparable penalty also applies to persons who fail to comply with a TAF work-related requirement but who are exempt from FS work-related requirements per 3230.
2551 Assessing Penalties - The comparable penalty shall be applied to the Food Stamp Program only to the individual who failed to comply with the TAF work requirement. The penalty shall also apply to persons who fail to comply with a TAF work-related requirement even though the person is otherwise exempt from FS work-related requirements. Refer to 3510. Penalties accrued by a minor who is unable to act in his/her own behalf do not count as a first or subsequent penalty when the minor becomes an adult cash or food stamp recipient. PRAP and JOPR codes for such an individual must be changed when the minor becomes an adult.
A timely notice of adverse action must be sent establishing the disqualification period.
NOTE: Refer 3511.2 for explanation of how failure to comply with FS work-related requirements affects TAF.
2552 Treatment of Income and Resources and Special Procedures - Persons found ineligible due to this provision shall be treated as excluded (SEPA code DI) household members per 4212.2.
The remaining household members can continue to receive food stamp benefits while the individual who failed to comply is on a penalty. The following special provisions apply to households containing a member who has been penalized ineligible due to the comparable provisions:
- Establishing the Penalty - Special procedures are required as follows to insure that households do not receive an unwarranted increase in FS benefits following TAF case closure after a penalty.
Because clients often cooperate after a penalty and the removal of the TAF benefit may cause an increase in benefits for the month following the month of TAF closure, the TAF benefit shall be reflected as countable income on the FS budget the first month following the month of TAF closure. The person who failed to cooperate shall be changed from IN to DI on the FS case.
NOTE: TAF income is still considered the income of the PI, so the TAF income should be entered by the person who was the PI on the TAF case before it closed, even if this person is now coded DI for FS.
If the person cooperates in the month following the month of TAF case closure, the TAF case will be reinstated and the person will be changed from DI to IN effective back to the first of the month that he/she was removed from the FS case. See 3522 (2).
If the household member does not cooperate in the month following the month of TAF case closure, the FS case shall be rebudgeted for the next month by removing the TAF benefits as countable income.
If the household member cooperates after the end of the month following the month of TAF case closure, he/she is to be changed from DI to IN effective for the month following the month of cooperation (month following the month the change occurred per 9121.1). If requesting TAF, an application is required per 3522 (1).
- Re-establishing Eligibility - The following provisions apply when re-establishing FS eligibility for a person who has been penalized per the comparable provisions of 2550.
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- Reapplies for TAF - The person must cooperate as established for TAF purposes.
- Does not Reapply for TAF in an FS E&T County - Persons exempt from work related requirements may re-establish eligibility by signing the Declaration of Cooperation and Self-Responsibility Plan (ES-4311). Non-exempt individuals may re-establish eligibility by signing the ES-4311 or by other means as established by the worker.
- Does not Reapply for TAF in a Non FS E&T County - Persons exempt from work related requirements may be re-added to the case without any additional requirements. Non-exempt individuals may re-establish eligibility by completing the ES-4311.
- Maximum Length of Penalty Period - Persons disqualified under the comparable provisions of this section are not to be penalized for more than one year. If at the end of one year, they have still not cooperated with the TAF work program requirement, they shall be reinstated. Also see 3522 regarding re-establishing eligibility.