Disqualification Time Frames 430-05-40-40-05

(Revised 01/01/2022 ML 3643)

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Amended IM 5464

IM 5464

 

A disqualification for non-compliance with work requirements and/or mandatory employment and training programs are progressive and based on occurrence.

 

For new applicants, the disqualification period will begin with the date of application.

 

The disqualification time frames are as follows:

1. First Violation:

A one-month disqualification must be served (from the date the disqualification becomes effective). The disqualification continues until the individual complies or becomes exempt.

 

2. Second Violation:

A three-month disqualification must be served (from the date the disqualification becomes effective) and continues until the individual complies with the requirements for which the disqualification was imposed. If an individual becomes exempt during the disqualification period eligibility must be reestablished.

 

3. Third and any subsequent violations:

A six-month disqualification must be served (from the date the disqualification becomes effective). The disqualification continues until the individual complies with the requirements for which the disqualification was imposed or becomes exempt. If an individual becomes exempt during the disqualification period eligibility must be reestablished.

 

Examples:

1. An individual quits a job without good cause for their first offense. The individual is disqualified for 1 month. The individual serves the 1 month disqualification period and regains employment and becomes exempt. Eligibility is reestablished.

 

2. An individual is exempt from work registration for working more than 30 hours/week. The individual loses the exemption due to a job quit without good cause. The individual is disqualified for failure to comply with work requirements and a 1 month disqualification is imposed. The individual serves the disqualification period and reapplies. The individual work registers and is referred to the mandatory employment and training program but fails to attend orientation. The second penalty for non-compliance is imposed and the individual is disqualified for 3 months.

 

3. An individual is exempt from work registration for working more than 30 hours/week. The individual loses the exemption due to a job quit without good cause. The individual is disqualified for failure to comply with work requirements and a 1 month disqualification is imposed. The individual serves the disqualification period and reapplies. The individual work registers and is referred to the mandatory employment and training program but fails to attend orientation. The second penalty for non-compliance is imposed and the individual is disqualified for 3 months. The 3 month disqualification is served. One year later, the individual reapplies but fails to work register. The third penalty for non-compliance is applied and the individual is disqualified for 6 months.

 

If the worker fails to act timely to disqualify an individual for non-compliance with a work requirement, the worker must implement the full disqualification and establish a claim based on 10-10-10 procedures.

 

The disqualification continues until the individual complies with the work requirements for participation or becomes exempt. Completion of Affidavit for SNAP Work Requirements or Employment and Training Affidavit does not negate the disqualification.

 

A disqualified individual may be permitted to resume participation during the disqualification period (if otherwise eligible) by becoming exempt from work requirements or complying with the work requirements. Completion of Affidavit for SNAP Work Requirements or Employment and Training Affidavit does not negate the disqualification.

 

The disqualification continues on closed cases until the individual becomes exempt from the work requirement or complies with the work requirement.

 

Examples:

1. An individual quits a job without good cause. The individual must obtain employment of at least 30 hours per week, obtain employment that is equal to 30 hours per week times the federal minimum wage or become exempt.
2. An individual initially applied on December 27 and is interviewed on January 15. During the interview it was determined that the individual quit a job without good cause on December 20 but has obtained employment on January 3.

The application must be denied for the month of December as the individual quit a job without good cause and applied in the month of December. As the individual obtained new employment in January, the same application must be used for the month of January.

3. An individual quits a job without good cause and is disqualified. At a later date the household (including the disqualified individual) applies for and is found eligible for TANF. The individual is exempt from the work requirements based on receipt of TANF and may be eligible for SNAP.
4. At the time of review, an individual reports they have quit a job without good cause 10 days prior to the review being filed. The client is not exempt for another reason and is disqualified. The review is denied.
   
   At a later date, the individual reapplies, is not working, and is not exempt for another reason. During the interview the household reports they had worked a full time job (40 hours per week) three months ago. The individual remains disqualified and the application is denied as the individual is not exempt at the time of application.
5. At the time of review, an individual is required to sign the SFN 385, Affidavit for SNAP Work Requirements and they also report they have quit a job without good cause 10 days prior to the review being filed.
   
   During the interview the client signs the SFN 385, Affidavit for SNAP Work Requirements. The client is not exempt from work requirements or complying with the work requirements. A disqualification is applied and the client is ineligible to participate until they are complying with the work requirements or become exempt for another reason.