Current through Register Vol. 35, No. 6, March 26, 2024
A.
General: The eligibility determination and payment calculation
process relies upon applicants and recipients to provide accurate and timely
reports of information affecting their eligibility and benefit amount. Payment
sanctions for non-reporting shall be established to encourage timely and
accurate reporting and to offset benefits resulting from the reporting of
inaccurate or misleading information, the untimely reporting of changes, or the
failure to report any required information.
B.
Length of a sanction: Each
non-reporting sanction shall run for a period of four months for the first
month in which failure to report occurred. An additional month shall be added
for each additional month included in an occurrence of non-reporting until the
payment is corrected.
C.
Definition of an occurrence of non-reporting: An occurrence of
non-reporting exists when an applicant or recipient intentionally fails to
report information or reports incorrect information which results in an
overpayment of cash assistance benefits.
D.
Amount of sanction:
(1) Reporting sanctions shall be calculated
at 25% of standard of need for the size of the benefit group being
sanctioned.
(2) Reporting sanctions
are not progressive. If there is another occurrence of non-reporting prior to
the end of an ongoing non-reporting sanction period, the next sanction and any
subsequent non-reporting sanctions shall be consecutive and at the 25%
level.
(3) Reporting sanctions and
child support sanctions shall be integrated into a single calculation to
determine the final sanction amount.
(4) If a case closes during a reporting
sanction period for reasons other than sanctions, the non-reporting sanction
shall be suspended and resumed at the same duration the next time the case is
reopened.
E.
Procedures: The following steps shall be taken in implementing a payment
sanction.
(1) The caseworker shall document
and establish an overpayment claim using ISD2 overpayment claims procedures.
The caseworker shall also determine whether the recipient was at
fault.
(2) The county director or a
designated unit supervisor shall review the overpayment and determine the
accuracy of the overpayment determination and appropriateness of the fault
determination. Upon determining that all is in order, the county director, or
designated supervisor shall cause a notice of intent to sanction to be issued
to the recipient. Failure of the recipient to contact the person issuing the
notice within the 10 working days allowed shall constitute waiver of
conciliation rights.
(3) If the
recipient requests conciliation within the 10 working days after issuance of
the notice, the county director or designated supervisor shall schedule a
conciliation conference.
(4) The
conciliation conference is conducted by the county director or designated
supervisor.
(a) The caseworker shall describe
the reporting error, how the amount of the overpayment is determined and the
reasons for finding the recipient at fault.
(b) The recipient shall have the opportunity
to discuss the overpayment determination, the finding of fault and to show good
cause why the sanction should not be imposed.
(c) Based upon this conference, the county
director or designated supervisor shall determine whether a sanction should be
imposed.
(d) The recipient may
represent himself or be represented by someone else. If the recipient wishes to
be represented by another individual, the recipient must designate that
individual on a form ISD-121.
(5) Following the conference, the county
director shall issue written notice stating whether or not the sanction is to
be imposed, and, if appropriate, the worker shall effect the sanction causing
issuance of a notice of adverse action. The payment reduction takes effect in
the month following expiration of the notice of adverse action.
(6) Recipients who disagree with the sanction
determination shall have fair hearing rights and access to the fair hearing
process.
