Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 20 - Division of County Operations
Rule 016.20.98-034 - FSC 99-2: Changes to section 3000 of the Food Stamp Certification (FSC) Manual - The Requirement to Work Policy has been updated and rewritten for clarity.

3100 The 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:

3200 Who is Exempt From Work Registration

Eligible household members are exempt from work registration if the household member is:

3220 Certain 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. A household member aged sixteen or seventeen who is not living with a parent is exempt from the work registration requirements if he or she is attending school or enrolled in an employment training program on at least a half-time basis or if he or she meets another exemption - e.g. disabled. The school or employment training program will determine half-time enrollment.

3230 Disabled (Code D)

Household members who are physically or mentally unfit for employment are exempt from the 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 Arkansas Rehabilitation Services (ARS).

Individuals receiving Worker's Compensation or other "sick pay" type benefits.

When a member is not receiving disability benefits, the worker will determine if the member's disability is obvious or if verification is required.

An obvious disability is one where the worker can easily determine that the individual is incapable of gainful employment. Individual with obvious disabilities include, but are not limited to, individuals who are:

3240 Household 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 of any age 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.

3250 Receiving TEA Cash Assistance (Code W)

All able bodied adults (age 18 or older) receiving TEA Cash Assistance are required to work or participate in TEA Program work activities designed to lead to work. These individuals will be exempt from the food stamp work registration requirements due to compliance with TEA work requirements.

3260 Receiving Unemployment (Code U)

Household members currently receiving unemployment insurance benefits are exempt from the work registration requirements. A household member who has applied for, but not yet begun to receive, unemployment insurance benefits is also exempt if he or she was 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:

3270 Addicts and Alcoholics (Code G)

3280 Employed Persons and Self-Employed Persons (Code t)

Household members who are employed and either working a minimum of 30 hours weekly, or receiving weekly earnings equal to the federal minimum wage ($5.15 per hour) multiplied by 30 are exempt from the work registration requirements.

This exemption includes any migrant or seasonal farm worker who is under a contract or similar agreement with an employer or crew chief to begin employment within 30 days. A migrant or seasonal farm worker who does not have such an agreement and is not otherwise exempt will be registered for work.

The number of hours of employment may be verified from:

3290 Students (Code J)

A student age 18 or older who is enrolled at least half-time in a high school is exempt from the work registration requirements. 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 the work registration requirements. A student over age 18 who is enrolled at least half-time in a school that is not considered an institution of post secondary education is also exempt from the work registration requirements. The exemption continues to apply through periods of school recess but is lost when the student graduates, drops out, is expelled, or otherwise terminates enrollment.

3300 Individuals to be Registered for Work (Code 1. 3 or 4)

All eligible household members who are not exempt for work registration will be registered for work.

3310 Work Registration

All eligible, nonexempt household members are automatically work registered when the Food Stamp Application (DCO-220) is signed. A Notification of Work Registration (DC0-260) must be issued to let the household know which members are subject to the work registration requirements.

The county office worker must work register household members for work when:

3320 Work Registration Codes

The proper work registration code must always appear on the Food Stamp Authorization Document (DCO-233) in the member segment.

When an individual's status changes from exempt to nonexempt 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:

3400 Compliance With Work Registration Work registrants must:

3401 Work Registration Violation

A work registration violation is:

3410 Sanctions ;

The following sanctions will apply to all work registration violations including voluntary quits and intentional work reductions:

First Violation - The individual who failed to comply will be disqualified from receiving food stamp benefits until he or she complies with or becomes exempt from the work registration requirements, whichever occurs first.

Second Violation - The individual who failed to comply will be disqualified for six months or until he or she becomes exempt from the work registration requirements. (There are no "cure" provisions.)

Third Violation - The individual who failed to comply will be disqualified for twelve months or until he or she becomes exempt from the work registration requirements. (There are no "cure" provisions.)

The disqualified member's income and resources will be counted in the household's budget for the duration of the sanction period. See FSC 1623.2. If all members are disqualified or if after sanctions are applied, the household's income exceeds the maximum allowed for the eligible household members, the case will close.

3411 Good 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, or unsuitable employment.

Under no circumstances will a work registrant be required to accept or be penalized for failure to accept or continue employment that is determined unsuitable. The case record must contain documentation of the reason the employment was determined unsuitable.

Employment will be considered unsuitable if:

3412 Applying Sanctions

When an eligible household member fails to comply with a work registration requirement while the household was participating in the Food Stamp Program, the county office worker wi 11 complete the following steps.

Step 1 - Determine if the household member 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 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. Tf yes, disqualify the member. See FSC 1623.2.

3413 Applying Sanctions at Time of Voluntary Quit

Sanctions may be applicable when an individual voluntarily quits a job within 60 days of the date of application or at any time while the individual is participating in the program.

Whenever a loss of earned income is reported at initial application, reapplication, reported change, or on a quarterly report the worker must determine if the voluntary quit sanctions are to be applied.

NOTE: 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.

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 at application and is discovered after application approval.

A voluntary quit occurs after the date of the application interview and is reported after the approval notice is issued.

A voluntary quit occurs while the household is participating but is not reported in a timely fashion.

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 $5.15 multiplied by 20 hours. If yes, go to step 2. If no, the household will not be sanctioned.

Step 2 - 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 the ages of 16 and 59, go to step 3.

Step 3 - Determine if the member who quit is subject to the work registration requirements. Use FSC 3200 - 3290. If this member was exempt from the requirements at the time the quit occurred (excluding the exemption for employment) or is presently exempt, no sanction will be applied. If the member who quit is subject to work registration, go to step 4.

Step 4 - Determine if the quit was for good cause. Use FSC 3630. If yes, the member will not be sanctioned. If no, the member will be sanctioned. See FSC 3640 for the applicable sanction.

The period of disqualification will apply only to the individual or individuals who failed or refused to comply. Only if all individuals are disqualified will the worker close the household's food stamp case. To disqualify an individual household member, the worker must recalculate the household's budget as instructed in FSC 1623.2.

3414 Applying Sanctions for Failure to Comply with ESP

When a worker 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 js_ not comparable io 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 unemployment 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 3411 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.

Step 4 - If the member did not have good cause for failure to comply, disqualify the member.

3420 When to Impose a Sanction

At application, the sanction will be imposed effective with the month of application regardless of whether the application is approved.

For a participating household, a notice of adverse action must be issued to the household prior to the imposition of a sanction. See FSC 3430. Unless the household is in the last month of certification and has not been recertified, the sanction will be imposed beginning 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 county office worker becomes aware of a voluntary quit. On August 23, the worker issues a ten day advance notice of adverse action expiring on September 2. The disqualification period will be October and November.

If a household is subject to quarterly reporting (QR), and is in the third month of the QR cycle, the sanction will be imposed beginning the following month if possible. If the QR form has been received but not processed when the worker learns of the noncompliance, the QR form will not be processed until the ten day period has lapsed. If the QR form has already been processed, an advance notice of adverse action must be issued. The sanction will be imposed beginning the month following the month in which the notice of adverse action expired.

If the household 1s in the last month of certification and an application for recertification has not been approved, the sanction will be imposed for the first month of the certification period. This is true even when the household has not submitted an application for recertification.

Example - A household is certified for July and August. On August 28, the worker becomes aware of a voluntary quit. On August 31, the worker approves the household's application for recertification but disqualifies the noncompliant member for the months of September, October and November. A manually issued Notice of Action (DCO-1) i s used so the household may be advi sed of the disqualification.

3430 Notices

Before disqualification of any participating household or household member for noncompliance with a work registration requirement, a notice must be issued to the household.

Unless the household is in the 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 the 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 that has already been approved, a ten day advance notice of adverse action must be sent. If the household has submitted an application for recertification that has not yet been approved, the sanction will be imposed before action is taken on the application and a Notice of Action DCO-1 manually issued to explain the effects of the sanction. Even if no application has been submitted, a DCO-1 must be issued to the household to explain the sanction period and the effects of the sanction.

If the household is composed entirely of noncompliant members, the notice will specify:

3440 Avoiding or Ending A Disqualification Through Compliance

A disqualification due to failure to comply with a work registration requirement may be avoided (for any violation) or ended (for the first violation only) 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.

3441 Ending a Disqualification When Household Composition Changes

See FSC 3520 for an explanation of the sanctions imposed for a work registration violation.

If a sanctioned member leaves a household, the member's income and/or resources will be dropped from the original household's food stamp budget. However, the sanction does not end. The member who refused or failed to comply continues to be disqualified. If he or she joins another household, he or she will remain disqualified for any months remaining in the original disqualification period. His or her income and resources will be counted in the new household's budget.

3442 Reestablishing Eligibility

After the disqualification has ended, eligibility may be reestablished. A disqualified household member may be readded to the household's case effective for the month following the last month of the disqualification period if currently eligible.

At the beginning of the last month of the disqualification period, the worker will issue a 0C0-1 to the household. The household will be advised to contact the worker to clarify the disqualified member's current status and/or to be work registered before the member can be readded. If the requested information is not provided by the last day of the last month of the disqualification period, the member will not be readded. The worker will shorten the household's certification period as instructed in FSC 11320.

3500 The Food Stamp Program Reouirenmnt to Work (RTW)

Unless exempt, individuals are ineligible to receive food stamp benefits if, during a designated 36-month period, they received food stamp benefits for at least three months (consecutive or otherwise) while they did not:

*Work at least 20 hours per week (averaged monthly); or

*Participate in and comply with a Job Training Partnership Act (JTPA) Program for 20 hours or more per week; or

Participate in and comply with a Trade Adjustment Act (TRA) Program for 20 hours or more per week; or

*Participate in a Food Stamp Employment and Training (E&T) Program other than a job search or job search training program; or

*Participate in and comply with a Workfare Program; or

*Participate at least half-time (as defined by the program) in a recognized refugee training program approved, funded, or operated by the Office of Refugee Resettlement.

An individual who is self-employed and actually works at this enterprise for an average of 20 hours per week or more meets the RTW. There is no requirement that the self-employment enterprise show a profit. The decision about whether an individual is self-employed will be made on a case by case basis. See FSC 5516 for general explanation of what a self-employment enterprise is. When an individual declares that he or she is self-employed but maintains no records of his or her income and expense, the county office worker may ask for some type of collateral verification. For example, if an individual claims to be self-employed collecting and selling cans, the household may be asked to furnish a collateral contact from the company or person who buys the cans.

Working as a volunteer will not satisfy the RTW. Working without compensation will not satisfy the RTW. An individual who is employed by a company or another individual must be compensated although there is no minimum amount. An individual who receives in-kind benefits for work is considered to be compensated.

Example - An individual works 20 hours each week in a coin laundry. In return, the individual is allowed to live in an apartment above the laundry free of charge. This person meets the RTW.

Anyone who is currently employed by a company or an individual and who annually works an average of more than 20 hours per week has complied with the RTW. This includes people whose work is seasonal, those who cannot work due to extended periods of bad weather and school employees who do not work in the summer or other periods of school vacation.

The following individuals are exempt from the RTW.

3510 Establishing the RTW 36 Month Compliance Period

The 36 month RTW compliance period must be established on an individual basis for each food stamp recipient between the ages of 18 and 49 unless the individual is pregnant, the parent of a dependent child under the age of 18, or disabled as defined in the Glossary, definition of Aged/Disabled Household, Once established, a 36 month RTW compliance period runs continuously regardless of whether the individual participants in the Food Stamp Program.

For any individual who was participating in Food Stamp Program on October 1, 1996, the first RTW compliance period began October 1, 1996 and ends October 1, 1999.

For all other individuals, the RTW compliance period begins with the first month of participation after October 1, 1996, other than months in which retroactive or restored benefits are authorized, and ends 36 consecutive calendar months later. This includes months in which a prorated benefit amount was issued. It does not include months in which benefits were not issued because the prorated amount was less than $10.00.

Example 1 - A household was certified on September 23, 1996, with September as the first month of the certification period. For household members subject to the RTW, the first month of the RTW compliance period is October 1996.

Example 2 - A household was certified on November 3, 1996, with September as the first month of the certification period. Retroactive benefits were authorized for September and October. For household members subject to the RTW, the first month of the RTW compliance period is November.

For individuals who have been living in another state, the RTW compliance period will begin when the individual is certified to receive food stamp benefits in Arkansas. This applies regardless of whether the individual received food stamps in the other state. It also applies if the individual previously lived in Arkansas and had a 36 month period established during the previous residency.

The following chart provides examples of the beginning and ending dates for RTW compliance periods.

For individuals added to existing food stamp cases, the 36 months RTW compliance period begins the month the individual first participates in the Food Stamp Program. If an individual moves from the one household to another, the original RTW compliance period will continue uninterrupted until its conclusion.

See the chart below for establishing an RTW compliance period for people who lose an RTW exemption.

Any period of participation in the Food Stamp Program whi1e an individual is exempt from the Requirement to Work (RTW) will not count towards the individual's three month participation limit. However, once a 36 month compliance period has been established it runs continuously regardless of whether the individual later becomes exempt from the RTW and then loses that exemption.

Example - A young lady turns 18 in April 1999. Her 36 month period of compliance began May 1999. In July 1999, she reports that she is two months pregnant. In August 1999, she miscarries. She is able to work again in September 1999. Her 36 month period of compliance still began in May. However, her only month of non-compljance is May 1999.

3520 Disqualifying Individuals Who Fail tn Comply With the Requirement to Work

At application (except for first time applicants), at recertification, or when processing a quarterly report or reported change, the DCO county worker must evaluate the RTW status of all nonexempt household members. Any nonexempt member who has participated in the Food Stamp Program for three months, consecutive or not, since the beginning of that individual's 36 month RTW compliance period without meeting the RTW will be ineligible to participate in the Food Stamp Program.

Example - A household was participating in the Food Stamp Program on October 1, 1996. On May 5, 1997, the county office worker was processing the household's quarterly report. A nonexempt household member fai1ed to meet the RTW in October 1996, February 1997, and March 1997. This member was disqualified when the May quarterly report was processed.

If the individual who is disqualified due to failure to comply with the Requirement to Work (RTW) is the only household member, the food stamp case will be closed. If other household members remain eligible, the instructions in FSC 1623.2, items 1-3, will be used to determine the household's monthly food stamp benefit amount. The disqualification will continue until the end of the designated 36-month period or until the member regains eligibility. See FSC 3630-3631.

3521 Evaluating Whether to Impose a Penalty

The following checklist may be used to evaluate whether a penalty must be imposed against an individual for failure to comply with the Requirement to Work (RTW).

Step 1 - (Check all that apply.) Does this individual meet any RTW exemption listed below?

*Under age 18[LESS THAN]

*Age 50 or older

*Medically certified as disabled to work

*Parent of a child age 17 or younger D Pregnant

D Exempt from work registration requirements per FSC 3200 D Working more than 20 hours per week on an average If any exemption is checked, stop. If no exemption is checked, go to Step 2.

Step 2 - (Check one.) Has this individual participated in the Food Stamp Program for at least three months, consecutive or not, since he or she was notified of the RTW?

*YES * NO

If NO, stop. If YES, go to step 3.

Step 3 - (Check all that apply.) During any of those months, did this individual:

*Work at least 20 hours per week on an average?

*Participate in and comply with a JTPA Program at least 20 hours per week?

D Participate in and comply with a TRA Program at least 20 hours per week?

*Participate in and comply with an E&T Program other than job search at least 20 hours per week?

*Participate in and comply with a Workfare Program?

If any block is checked, go to Step 4. If none of the blocks are checked, the individual will be disqualified.

Step 4 - (Check one.) Has the individual participated for three or more months when the RTW was not met? Include months of participation prior to this case action but after the 36 month period began.

*YES D NO

If YES, disqualify the individual.

If NO, enter the number of total months (one or two) the

individual has already participated without meeting the RTW.

3522 Disqualification at Initial Application

At initial application, the status of each household member subject to the RTW will be evaluated. If any household member has not met the RTW, that member will be disqualified when the application is processed. If all members are disqualified, the application will be denied.

3523 Disqualification at Recertification

At recertification, the status of each household member subject to the Requirement to Work (RTW) will be evaluated. If any member has not met the RTW for any three months during the established compliance period (see FSC 3610), that member will be disqualified effective with the first month of the new certification period. If all members are disqualified, the application will be denied.

3524 Disqualification at Time of Quarterly Report

When the quarterly report is processed, the status of each household member subject to the RTW will be evaluated. If any member has not met the RTW for any three months during the established 36 month period, that member will be disqualified effective with the upcoming month. If all household members are disqualified, the case will be closed. If not, only the noncompliant member (or members) will be disqualified.

3525 Disqualification at Reported Change

When a reported change is submitted by either an occasional reporting household or a quarterly reporting household, the status of each household member subject to the RTW will be evaluated. If any member has not met the RTW for any three months during the established thirty-six month period, a ten day advance notice of adverse action must be issued. The member will be disqualified; or if all members are disqualified, the case will be closed. The disqualification will be effective the month following the month of expiration of the notice of adverse action. There will be no presumptive disqualification for failure to meet the RTW when a reported change is processed.

3526 Notices

If any member is disqualified for failure to comply with the RTW, the household will be notified:

* Why the member has been disqualified;

* How the member may comply with the RTW;

* That the household must advise the county if this member complies with the RTW;

* Who is exempt from the RTW; and

* That the household must advise the county if this member becomes exempt from the RTW.

If any member is disqualified presumptively, the household will also be notified:

* When the disqualification will be imposed; and

* That the disqualification may be avoided if the household member complies with the RTW or becomes exempt from the RTW before the specified date.

3530 Regaining Eligibility Hue to Exemption

Individuals denied food stamp eligibility for failure to comply with the RTW can regain eligibility at any time if they become exempt from the RTW. See FSC 3900 for a list of individuals who are exempt from the RTW.

3531 Regaining Eligibility Through Compliance

Any individual denied food stamp eligibility for failure to comply with the RTW can regain eligibility for a three consecutive month period if during a 30 day period the individual:

*Works 80 hours or more; or

*Participates in and complies with a JTPA Program for 80 hours or more; or

*Participates in and complies with a Food Stamp E&T Program requirement other than a job search or a job search training program for 80 hours or more; or

*Participates in and complies with a Workfare Program under Section 20 of the Food Stamp Act or a comparable state or local program for any number of hours.

Once the individual has regained eligibility and the three month period has begun, the individual may continue to participate until the end of the three month period regardless of whether he or she continues to meet the RTW. However, other Food Stamp Program requirements will continue to apply.

Example - An individual is being allowed to participate in the Program because he complied with the RTW. He is not currently working. He refuses an offer of employment. He wi 11 be di squali fled under the work regi stration requirements at FSC 3100.

Even if an individual is disqualified for other reasons, the three month period continues as established.

Example - An individual is disqualified in January for failure to comply with the RTW. In February, he works a total of 80 hours as a temporary worker. In March, he is added back to the food stamp case for April, May, and June. In April, he refuses the offer of a full-time job. He is disqualified effective May 1, for failure to comply with the work registration requirements. Even though he is disqualified for failure to comply with the work registration requirements, the three month RTW period remains April, May, and June. There is no extension.

Even if an individual becomes ineligible for other reasons, the three month period continues as established.

Example - An individual complies with the RTW. His period of eligibility due to compliance is established as April, May, and June. The household fails to return its QR form in April and the case closes at the end of April. The household reapplies in June. The three month period of eligibility remains April, May and June even though the household did not participate in May.

Once the three consecutive month period has ended, the individual may participate only if he or she becomes exempt from the RTW. (See FSC 3630.) This means the county must contact the household in the third month of the three consecutive month period, to determine if the individual is exempt from the RTW. No method of handling this task is mandated. Each county must devise a method of handling this task.

If the individual is not exempt, he or she will once again be disqualified. This individual may participate in the Food Stamp Program again only when the 36 month period ends or he or she becomes exempt from the RTW.

3532 Notifying the County Office

The household must notify the county office when a disqualified individual goes to work or otherwise meets the RTW. The household is the primary source of information about any member meeting the RTW. Should a household report independent of the quarterly report that a member has met the RTW, the county worker has ten days to determine compliance. If yes, the compliant member will be added back to the food stamp case.

If this information is reported via the quarterly report, the normal processing standards will apply.

3540 County Office Actions

If a case has been closed because one or more members failed to meet the RTW, the household may submit a new application at any time. However, if an application is submitted before the end of the 36 month period, the household must provide the information necessary to verify that disqualified members have met the RTW or have become exempt from the RTW.

At the end of the 36 month period, disqualified members will be added back to the food stamp case. If the food stamp case has been closed because the entire household was disqualified for failure to comply with the RTW, the household may reapply. At reapplication, only those household members whose 36 month period has ended will be allowed to participate in the Food Stamp Program. The other household members will continue to be treated as disqualified members.

3550 Waivers

The Department of Agriculture, Food and Nutrition Service, has granted permission for the State to waive the Food Stamp Program Requirement to Work (RTW) in certain areas where the current unemployment rate is higher than 10 percent. The State has also been granted permission to waive the RTW in areas designated as labor surplus by the Department of Labor, Bureau of Labor Statistics.

These waivers are not permanent. Any county affected by such a waiver will be notified of the terms of the waiver and will be provided with instructions for implementing the waiver.

RTW waivers are applicable to individuals who actually live in an area covered by the waiver. An individual who lives in a labor surplus area but who has elected to receive services in another county will be exempt from the RTW. An individual who lives in an area where there is no RTW waiver is subject to the RTW even if he or she chooses another county as their service county.

For tracking purposes, an individual who may be subject to the RTW does not need to be identified in counties where the RTW has been waived. However. an individual who receives services in a waived county but actually lives in a county where the RTW applies must be tracked.

If an individual physically moves into an area covered by a RTW waiver, the individual becomes exempt from the RTW. Disqualifications for failure to comply with the requirement will no longer apply. If an individual moves from an area covered by an RTW waiver into an area where the waiver does not apply, the requirement will apply again.

3600 Food Stamp E&T Programs

In certain counties, food stamp benefit recipients subject to the work registration requirements are provided services through the Food Stamp Employment and Training (E&T) Program which is operated by the Division of County Operations (DCO).

3610 Referral

The E&T Program Referral (DCO-205) will be used to refer nonexempt household members to the E&T Program at application and at recertification. A copy of the DCO-205 will be given to the household to serve as the registrant's notice and to explain to the registrant the rights and responsibilities of each E&T Program participant and the consequences should the registrant fail to comply with an E&T Program requirement.

3611 Changes After Referral

After a registrant is referred to the E&T Program, changes in the registrant's status may occur. The following changes may affect either or both the E&T case and the food stamp case:

*Changes in employment status;

*Changes in work registration exemption status; and

*Change of address.

If one worker handles both the E&T case and the food stamp case, this worker must insure reported changes are reflected in both cases. Any change reported outside the quarterly reporting process must be acted on within 10 days of the date the change was reported to the county office. Changes reported through the quarterly reporting process must be reflected in the first month of the new report period.

If there are two different workers handling the food stamp case and the E&T case, whichever worker is notified of the change must report the change to the other worker. Additionally, if the food stamp case closes for any reason except the expiration of the certification period, the food stamp worker must report the case closure to the E&T worker. This does include automatic closures such as, but not limited to, closure due to the household's failure to return the quarterly report. All changes must be reported to the E&T worker within 10 days of the date the food stamp worker becomes aware of the change. (All changes reported to the E&T worker must be reported to the food stamp worker within 10 days of the date the E&T worker became aware of the change.)

3620 Noncompliance With E&T Program Requirements

Any E&T participant who fails to keep a scheduled appointment, refuses to accept or perform an E&T assignment, refuses to accept employment without good cause as defined in FSC 3411, or otherwise demonstrates noncooperation with the E&T Program requirements will be subject to sanction as explained in FSC 3410. See FSC 3412 - 3441 for information on imposing sanctions on food stamp benefit recipients who fail to comply with an E&T Program requirement.

3630 Close/Termination

A food stamp benefit recipient will no longer be served in the E&T Program when the food stamp case closes or when the recipient becomes exempt from the work registration requirements as explained in FSC 3200 - 3290. The E&T case closes automatically on the last day of the certification period indicated on the E&T Program Referral (DCO-205) unless the certification period and participation in the E&T Program are extended.

If an E&T Program participant becomes exempt from the work registration requirements or goes to work during the certification period, the closure becomes effective the date the E&T worker becomes aware of the change. If two different workers handle the food stamp case and the E&T case, the effective date of the change in E&T status is the date the food stamp worker notifies the E&T worker of the change.

3640 E&T Program Savings

E&T Program savings will be reported when a household's food stamp benefits are reduced because:

*A household member went to work;

*A household member failed to verify earned income and the food stamp case closed as a result; or

*A household member was sanctioned as a result of noncompliance with the E&T Program.

To calculate savings, the worker must complete the following steps:

Step 1 Determine what the household's monthly food stamp benefit amount would have been if the action had not been taken -i.e., the household member had not gone to work or been sanctioned or the case had not been closed.

Step 2 Subtract the new monthly food stamp benefit amount from the old food stamp benefit amount as calculated in step 1 above.

Step 3 Report the difference as monthly savings.

3650 Procedures to be Set bv the County Office

Any county office in which the E&T Program is operated must make certain decisions and set procedures to manage the Program.

Decisions include:

*Which unit or workers will work with E&T Program participants.

*How to maintain E&T cases - e.g., as part of the food stamp case or as a separate record.

*Who will send advance notices of adverse action to the household when an individual household member fails to comply with an E&T Program requirement.

*If both an E&T case record and a food stamp case record are maintained, how to insure that copies of applicable documents appear in both records.

*Who will be responsible for calculating and reporting E&T Program savings.

Procedures must be established to insure that:

*Reported changes are reflected in both the E&T Program and the Food Stamp Program.

*All participants comply with all E&T Program requirements.

*Any individual who refuses or fails to comply with an E&T Program requirement is sanctioned in the Food Stamp Program.

3700 Workfare

Workfare requires certain nonexempt work registrants to perform public service activities as a condition for receiving food stamp benefits. The primary goal of Workfare is to improve employability, thereby enabling individuals to move into regular employment. Workfare is operated jointly by a state or political subdivision and the Food and Nutrition Service of USDA. A political subdivision is any local government, including but not limited to, any county, city, town or parish. FNS must approve Workfare plans prior to implementation of the program.

Political subdivisions approved to operate Workfare are called Workfare sponsors.

The Workfare sponsor is responsible for interviewing and assessing eligible recipients, establishing job sites, assigning recipients to appropriate job sites, and making initial determinations of good cause or no good cause for failure to comply with Workfare obligations. Workfare job sites may only be located in public or private, non-profit agencies. Contractual agreements must be established between the Workfare sponsor and the job site.

3710 Conditions of Workfare Employment

3720 Who is Sub.iect To Workfare

The DCO county office worker will determine at certification, recertification or submission of a completed quarterly report which household members are required to participate in the Workfare Program.

Recipients of unemployment benefits are not exempt from Workfare requirements. However, the Workfare office will modify the work schedule of a recipient who has a scheduled job interview that conflicts with the Workfare schedule. It is the registrant's responsibility to notify the Workfare office of schedule conflicts. The registrant will have good cause for hours that cannot be worked in a month due to such conflicts.

3730 Determining Workfare Obligation

Normally, a household's Workfare obligation begins when the county worker determines that a certified household contains a member who is subject to the Workfare requirement. This obligation ends when all household members become exempt or when the household moves from the county, or when the food stamp case is closed for any reason. A household is considered to have good cause for not completing any remaining hours of obligation after case closure.

Only one member per household will be required to participate in Workfare at a given time. However, in households having more than one member subject to Workfare, another household member who is Workfare eligible may fulfill the Workfare obligation if the original designee does not. (See FSC 3760.) The Workfare office, which is informed of all Workfare eligible household members via the referral form, should report a change in designees to the local DHS county office. However, it is not necessary that the DHS county office be notified prior to the work obligation being completed by another eligible designee.

The household's obligation of work hours each month will be calculated by dividing the household's authorized monthly food stamp benefit amount (before recoupment) by the current federal minimum wage. Fractions are rounded down.

3740 Referral of Workfare Elioibles

The DHS county office determines Workfare eligibles and makes referrals. The worker will determine at certification or recertification which household members are subject to work registration as per FSC 3200-3290. Once these persons are identified, the worker will:

3750 Workfare Sponsor Responsibilities FSC 3700-3710 gives a general explanation of the Workfare sponsor's responsibilities for administering the Workfare Program.

Specific Workfare sponsor responsibilities and the policy section in which they are explained are listed below:

3751 Beginning Workfare Participation

The Workfare sponsor will be notified via a Workfare Transmittal (DCO-207) of the household's Workfare obligation.

An interview with the prime designee will be scheduled by the Workfare sponsor to obtain information regarding the training, experience and skills of the designee. These factors will be taken into account when the designee is assigned to a job site.

The Workfare sponsor will notify the prime designee of where and when to report to the Workfare site. Additionally, the prime designee must be given:

3752 Monitoring and Reporting

The Workfare sponsor will monitor participation and provide supervision as needed to participants placed on each job site.

3753 Optional Grievance Procedures

The Workfare sponsor has discretion to establish a grievance procedure system to handle complaints filed by participants regarding working conditions or any other complaint related to Workfare participation -e.g. job duties assigned.

This procedure need not handle complaints that can be pursued through an administrative hearing as explained in FSC 3800. A participant who chooses not to use the optional grievance procedures may request an administrative hearing. A description of any optional grievance system must be included in the Workfare plan, and Workfare participants must be informed of the grievance procedure.

3760 Sanctions For Noncompliance With Workfare

A two consecutive month disqualification will be imposed when the prime designee or any other Workfare eligible in the household fails or refuses, without good cause to comply with Workfare requirements. Ihe two month disqualification will apply to the entire household.

Each two month disqualification applies to a single act of noncompliance. For each month of noncompliance, the total period of disqualification increases by two months. For example, if the Workfare sponsor reports a household's prime designee failed to comply in October and in November, a four month disqualification will be imposed.

The disqualification will begin the first month following the expiration of the notice of adverse action or, if an administrative hearing is requested by the household, the first month following the hearing decision unless ruled in the household's favor.

If the household is in the last month of certification and has submitted an application for recertification, the application will be denied. On the denial notice, the household will be advised of the disqualification. If the household has not submitted an application for recertification, a notice of the disqualification will be sent to the household.

If the noncompliance is reported the month after the end of the certification period, a disqualification will be imposed for the two months immediately following the end of the certification period and a notice issued to the household.

See FSC 3764 for information on notice requirements.

If a household with a noncompliant member splits, the sanction will follow all household members subject to Workfare. No household member subject to Workfare will be allowed to receive food stamp benefits for the length of the disqualification or until the noncompliant member becomes exempt from the Workfare requirement.

EXAMPLE: A household consists of a husband, wife and two children. Both husband and wife are subject to the Workfare requirement. The wife is the prime designee. The household splits with each spouse taking one child. Both the husband and the wife remain disqualified until the end of the period of disqualification.

When an individual currently disqualified for Workfare noncompliance joins another food stamp household, his or her income and resources will be counted in their entirety; however, he or she will not be included as an eligible household member.

A Workfare disqualification will be ended when a disqualified household (or individual) moves into a county where no Workfare Program is operated.

3761 Imposing a Sanction for Workfare Noncompliance

Within five days, the Workfare sponsor must inform the DHS County Office of the noncompliance using the Workfare Exchange of Information (DCO-209).

No sanction will be imposed when:

* The prime designee has obtained full-time employment;

* The household has moved out of the county; or

* The case is closed.

Upon receipt of an DCO-209 reporting noncompliance, the county worker will complete the following steps:

Step 1 - Using the DCO-209 submitted by the Workfare sponsor, determine if the household member had good cause for failure to comply.

See FSC 3762.

If yes, document the good cause in the case record and go to

Step 3. If no, go to Step 2. Step 2 - Issue a notice of adverse action as instructed in FSC 3764.

Go to Step 3. Step 3 - Notify the Workfare sponsor via the DCO-209 of the action taken on the case.

3762 Good Cause for Workfare Noncompliance

A Workfare participant is considered to have administrative good cause for failing to complete his/her workfare obligation in the following situations:

. The participant is not yet available for scheduling due to the job search requirement cited in FSC 3740. . The referral was received too late to schedule an interview for the current month. . The participant never received an interview and/or work notice. . The participant was interviewed too late in the month to be scheduled to work in the same month. . The requirement is for too few hours to schedule. . The household is currently under sanction. . An administrative error resulted in the noncompliance. . A worksite is not available.

A participant is also considered to have good cause for failure to complete a Workfare obligation when:

. The participant is ill.

3763 Determining Good Cause

Good cause is determined by either the Workfare sponsor or the DCO worker on a monthly basis. The Workfare sponsor may grant administrative good cause to a household without notifying the county via Workfare Exchange of Information (DCO-209). See FSC 3762 for a definition of administrative good cause.

3764 Notice of Adverse Action

Within 10 days of determining that a household has failed to comply with Workfare, the DCO worker will issue a notice of adverse action to the household. The notice may be combined with a request for information in order to determine if the household had good cause for noncompliance.

When the prime designee or other Workfare eligible has failed to comply with Workfare without good cause, the notice of adverse action must specify:

*Who failed to comply with Workfare;

*That as a result, the household will be disqualified;

*How long the disqualification will last; and

*How to avoid the sanction by working off the outstanding obligation. (The notice must provide a name and telephone number for the household to contact about working off the obligation.)

If it has not been established whether the prime designee or other Workfare eligible had good cause for the noncompliance, the notice must state:

3765 Avoiding a Sanction

To avoid the imposition of the sanction, the member who failed or refused to comply with the Workfare requirements (or any other household member who is Workfare eligible) must report to the Workfare sponsor during the ten day notice period. The Workfare administrator will make arrangements with the participant to work off the outstanding obligation.

If the Workfare office cannot or does not allow a registrant to work off an obligation, the county will not impose a sanction.

If the Workfare eligible demonstrates to the Workfare sponsor within the ten day advance notice period that he or she is in compliance, the Workfare administrator wi 11 immediately notify the DCO worker in writing, and no sanction will be imposed.

If the household does not contact the Workfare office or does not comply with Workfare, a sanction will be imposed as instructed in FSC 3750 through FSC 3764.

3766 Establishing Eligibility After a Sanction is Imposed

When a sanction has been imposed for noncompliance with Workfare requirements, the household may reapply to participate in the Food Stamp Program. If the household contains a Workfare eligible member or members, the proper referrals will be made as instructed In FSC 3730.

A Workfare sanction which has been imposed may be lifted when at least one of the following conditions is met.

Condition 1 - Any Workfare eligible member of the household reports to the Workfare sponsor's office and satisfies all outstanding Workfare obligations. (This applies only to the first disqualification for failure to comply with Workfare).

Condition 2 - The household no longer contains a member who is subject to the Workfare requirement. This condition applies when all Workfare eligible members have left the home. It also applies when all Workfare eligibles become exempt from the Workfare requirements as specified in FSC 3710 -3711.

Condition 3 - The household is residing in a county that has no Workfare Program.

Condition 4 - The sanction was imposed in error. If a household is sanctioned due to an error on the part of either the Workfare sponsor or the Food Stamp office, the DCO worker must reopen the case using the information on the last application, restore any lost-.benefits and notify the household.

When either condition 1 or condition 2 has been met, the household may reapply and may participate if otherwise eligible. If the household is found eligible, benefits will be prorated to the date of application. See FSC 8610.

3770 Reports to be Submitted bv the DHS County Office

Each quarter, the DHS county office must submit to the Food Stamp Section, Central Office, a Workfare Quarterly Report(DCO-210.) Reports are due within 30 days of the end of the quarter.

3780 Sharing Workfare Savings - Enhanced Reimbursement

A Workfare sponsor may share in benefit reductions that occur when a Workfare participant begins employment while participating in Workfare for the first time or within thirty days of ending the first participation in Workfare.

To begin employment means to appear at the place of employment and to begin working.

First participation in Workfare means performing work for the first time in a particular Workfare Program. The only break in participation which will not end a first participation is a break due to the participant's taking a job that:

3800 Appeal of County Decisions

All decisions regarding work registration, Requirement to Work (RTW) or Workfare determinations may be appealed through the administrative hearing process explained in FSC 16300 - 16330.

The Workfare sponsor must be available to participate if a hearing about a Workfare noncompliance is scheduled. The DHS County Office must provide the Workfare sponsor with advance notice of the time and place of the hearing.

When a participating household appeals the county's decision regarding failure or refusal to comply with work registration, RTW or Workfare requirement within the notice period, benefits will be continued providing: