1105.025.00 Work Requirements

1105.025.10.10 Resolving Noncompliance With Work Requirements

IM-33 June 24, 2014

End the work requirement non-compliance sanction if an individual becomes exempt from work requirements. When the individual meets an exemption they do not have to serve the mandatory length of the sanction.

All initial applications and non-timely reapplications including a sanctioned EU member pend for verification of exemption from work requirements for 30 days. Timely reapplications including a sanctioned individual pend until the end of the certification for compliance.

If the sanctioned individual becomes exempt within 30 days of the date of an initial/non-timely application, or by the end of the certification for timely reapplications, follow the instructions outlined in the Updating/Ending a Sanction or Disqualification user guide. FAMIS determines the individual is eligible for benefits from the date of application when making an initial application, or the first month of the new certification for timely/non-timely reapplications

NOTE: The compliance date can be prior to the sanction start date. This occurs when an individual becomes exempt before the start date of the sanction but after the conciliation period and adverse action period have expired. These sanctions are ended (not deleted) because the sanction must still be recorded.

If the individual does not meet an exemption by the 30th day or end of the certification period, FAMIS rejects the individual and approves the remaining EU members if there is no other outstanding verification and they are eligible for benefits. If a one person EU, FAMIS rejects the application.

If a sanctioned EU member who is included in an active EU meets an exemption with work requirements, the individual becomes eligible for benefits the month following the end of the sanction. A sanction may be ended during the conciliation and adverse action period. If the non-complying EU member meets an exemption before the expiration of the FA-510 Adverse Action Notice, refer to the Deleting a Sanction or Disqualification user guide. Once the adverse action has expired, the sanction is imposed unless it is later verified the individual became exempt prior to the expiration of the FA-510, Adverse Action notice.

If the individual had good cause prior to the sanction, but did not notify FSD of the good cause, the sanction is imposed. End the sanction with the date of the report as the compliance date.