Welfare Sanctions

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Year 2, Staff Training #5:Pennsylvania Welfare Sanction Policy

By Laura Handel, Esq.Staff Attorney

The Health, Education and Legal Assistance Project:A Medical-Legal Partnership betweenWidener University School of Law and Crozer-Keystone Healthy Start(HELP: MLP-CKHS)

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What are sanctions?

The denial of benefits for which a person or family are eligible because of an alleged transgression.

Sanctions can be for employment, child support, personal responsibility or fraud related reasons.

This training will focus on employment-related and support-related sanctions.

What are sanctions?

If TANF recipients do not follow certain DPW rules and do not have “good cause” or an exemption, they will be “sanctioned.”

The CAO will “sanction” a noncompliant benefit recipient by reducing her monthly cash grant.

– Can reduce just her share or her whole family’s share.– Reductions can be temporary or permanent.– Repeated violations can lead to terminations of benefits that

are permanent for either just the noncompliant head of household or her children as well.

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Why is this subject important now?

Sanctions are used as a strategy to reduce caseload – related to DPW philosophy and budget

New sanctions up 130% from January to August 2011

Sanctions that were in effect already now up 72%

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Another view Growth in Sanctions and new sanctions

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New Sanctions (statewide)

Sanctions in effect (statewide)

What are sanctions?

Recipients can be sanctioned for:– Failing to cooperate with support enforcement– Failing to sign her Agreement of Mutual Responsibility

(AMR)– Failing to cooperate with the work or “wrok-related activity”

requirement on an AMR– Voluntarily quitting a job– Voluntarily reducing earnings– Failing to apply for work– Failing to accept a bona fide offer for a job that the recipient

could do

What are sanctions?

IMPORTANT ISSUES TO BE AWARE OF:1. Sometimes a recipient does not even realize that she has

been, or is being, sanctioned.(a) The biggest clue that a recipient has been sanctioned is if her welfare

grant is less than the maximum for her family size (unless she has earnings or other income that would explain why the grant is reduced)

2. Sometimes benefit recipients do realize that they are being sanctioned, but choose to accept the penalty without an appeal.(a) This is harmful. If you spot or hear about such a situation,

contact the HELP: MLP attorneys for advice about or help with an appeal.

Why do some recipients accept sanctions without appeal?

Confusion – difference between termination and sanction.

Resignation – “what can I do? I can’t win.” Guilt – “I did it so I should take my punishment.” Belief (justified or not) that no attorneys or

advocates available to help - “Legal Services probably won’t handle it.”

“It’s only 30 days.”

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Key concepts

Willful noncompliance– DPW may only sanction a recipient for violating rules if “the noncompliance

was willful and without good cause.” (CAH §135.712) Corollary: recipient cannot be sanctioned if she had a good cause reason for why

she did not follow a rule. Good Cause

– Asking to be excused from TANF, GA or CCIS program requirements for reasons beyond the recipient’s control or because the requirements would endanger her or unfairly penalize her for hardship circumstances is called “requesting a waiver ” or “claiming good cause.” If good cause is established, no sanction should be imposed, and existing or past sanctions should be lifted or rescinded.

– An “exemption” or “good cause” can be established AFTER a sanction is threatened or imposed, as well as before.

Reasonable accommodation– The CAO is required to make a good faith effort to assist the client in

overcoming whatever problems she had complying with work requirements (CAH §135.5) or for accommodating other hardship circumstances that may arise due to disability, domestic violence or substance abuse.

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How does the sanction process work?

AMR Alleged violation Advanced notice (sanction threat) Compliance review

– Determining good cause Fresh start vs. sanction Ending the sanction or sending notice of

sanction

How will a recipient know if she’s being sanctioned?

For either a child support or a work-related sanction, DPW is required to send advance notice to the recipient, telling her she’s about to be sanctioned.– Recipient should APPEAL THIS NOTICE

IMMEDIATELY, and ask for “aid paid pending.”

How will a recipient know if she’s being sanctioned?

For a work-related sanction, DPW is must offer to conduct a “compliance review” before actually imposing the sanction.

– If DPW imposes a sanction without first offering a compliance review sanction, the sanction is illegal – appeal IMMEDIATELY!

– If no notice of sanction is received, sanction has probably been imposed if the Cash Assistance grant is less than it should be for the family size/income level.

At the compliance review, the recipient can explain why she did or did not do something required of her.

The CAO is required to make a good faith effort to assist the client in overcoming whatever problems she had complying with work requirements (CAH §135.5). As examples, DPW should:

– Reschedule appointments to better fit recipient’s schedule– Provide help with transportation– Provide help with childcare– Explore revising her AMR

The importance of fighting sanctions

Individuals and families are often sanctioned incorrectly, as a result of miscommunication, mental illness, domestic violence, disability, or other justifiable barriers to compliance.

Sanctions have harsh impacts in both the short and the long term.– Support-related sanctions– Work-related sanctions

The importance of fighting sanctions

Support-related sanctions:– A TANF applicant/recipient is required to seek child support

and establish paternity unless she has good cause for not doing so.

– If she does not cooperate with either requirement, the family’s grant will be reduced by at least 25%.

– This benefit reduction will continue indefinitely, until the parent cooperates or establishes “good cause.”

– The noncompliant parent stays on the TANF grant (even though her share of the cash is what’s technically being taken away), remains subject to the work requirements, and the benefits still count toward the five year time limit.

The importance of fighting sanctions

Work-related sanctions– IMPORTANT: with work-related sanctions, it’s a

“three strikes and you’re out”-sanction scheme.– Note: these sanctions will affect Cash Assistance

benefits, specifically; they should not affect SNAP or Medical Assistance benefits.

The importance of fighting sanctions

Work-related sanctions– The “three strikes” system works as follows:

During the first 24 months of TANF benefits, DPW will only cut the part of the cash grant that is for the adult recipient; it will not cut her children’s benefits. Therefore:

– First sanction: recipient loses her Cash Assistance for 30 days or until she agrees to cooperate, whichever comes later.

– Second sanction: recipient loses her Cash Assistance for 60 days or until she agrees to cooperate, whichever comes later.

– Third sanction: recipient loses her Cash Assistance permanently.

The importance of fighting sanctions

Work-related sanctions– “Three strikes”-system, continued:

AFTER the first 24 months of TANF benefits, DPW will not only cut the part of the cash grant that is for the adult recipient; it will cut her children’s benefits as well! Therefore:

– First sanction: whole family loses Cash Assistance for 30 days or until adult recipient agrees to cooperate, whichever comes later.

– Second sanction: whole family loses Cash Assistance for 60 days or until adult recipient agrees to cooperate, whichever comes later.

– Third sanction: whole family loses Cash Assistance permanently.

How to fight sanction threats

Appeal immediately, request “aid paid pending” outcome of appeal

Explore why non-compliant event occurred– Common reasons: transportation issues, no child

care, domestic violence, illness, misunderstanding.

Explore possibility of “good cause” waiver

How to fight sanction threats

Examples of circumstances that qualify for “good cause” waiver of work requirements (55 PA Code § 165.51):

– Recipient tried to get care for a child or adult with disabilities, but could not.– Domestic violence.– Homelessness.– Transportation problems.– Recipient or family member was ill.– Job or job training was beyond recipient’s ability, and she is willing to look for

another job or do other training.– Working conditions were substandard or unsafe, or wages paid were below

minimum wage or below the prevailing wage normally paid for that job.– Participation in drug or alcohol treatment can be “good cause” if the treatment

program prevents recipient from working at the same time.– Other personal emergency.

Special note: ANY circumstances beyond recipient’s control can probably qualify as good cause; use common sense! If the reason was good and recipient is acting in good faith, there’s room to advocate successfully.

How to fight sanction threats

Additionally:– A recipient with limited English proficiency cannot be sanctioned

for failing to attend an activity or a meeting if she was given notice of it in a language she does not understand (Title VI of the Civil Rights Act of 1964).

– DPW cannot sanction recipient for not doing something she only volunteered to do; may only sanction for failing to do something she was required to do (CAH § 135.261).

Some items in the AMR are mandatory, some are not; recipient (or her advocate) should always check to see what the AMR actually says!

– “Benefit of the doubt” policy: DPW is supposed to give recipient the benefit of the doubt when deciding to approve or deny her a waiver.

DPW must consider all facts and circumstances of the alleged violation, “especially if the transgression is relatively minor… or isolated in nature” (55 PA Code § 165.52(b)).

How to fight current or past sanctions

For sanctions that have already been imposed:– It is sometimes possible to get a sanction lifted

while it is in effect, or even retroactively, if the facts show that the recipient had good cause at the time of the violation.

– This is important for two reasons: To get back the benefits that the recipient missed To get the “strike” removed from her record, if the

sanction was work-related, since these are subject to the “three strike” system that will result in permanent penalties.

How to prevent sanctions or sanction threats

Recipient should:– Communicate any problems or potential problems to

caseworker in writing.– Verify information and get copies of all documents,

especially her AMR!– When possible, try to get written documentation of problems

that interfere with ability to comply with work requirements (ie, illness of self or dependent child).

– Talk to a supervisor if caseworker is unresponsive.– Notify both CAO and welfare work program contractor if an

appointment must be missed for good cause reasons.– Notify both CAO and welfare work program contractor if she

gets or loses a job.

Pennsylvania Welfare Sanction Policy

For ongoing questions, consultations or participant referrals:

– Contact Laura Handel or Megan Mahle, HELP: MLP/HS Staff Attorneys

Phone: 610-497-7355 E-mail: [email protected] or [email protected] Referrals can be placed in our bins in the Healthy Start office,

or Just come knock on our doors; we’d love to see you!