SUBJECT:
REVISED FOOD STAMP SANCTION PROCEDURE FOR NONCOMPLIANCE WITH QUALITY CONTROL REVIEW
IM-31Q NOTICE OF CONTACT REQUESTED AND INSTRUCTIONS
IM-311Q QC REFERRAL FOR CONTACT/SANCTION AND INSTRUCTIONS
USER GUIDE UPDATE - QC SANCTION
DISCUSSION:
The purpose of this memorandum is to clarify policy and revise procedures regarding establishing refusal to cooperate with Quality Control (QC) reviews, sanctioning procedures, and the use of two new forms. The new forms are the IM-31Q, Notice of Contact Requested, and the IM-311Q, QC Referral for Contact/Sanction.
The policy and procedures presented in this memorandum are effective immediately.
EUs must cooperate with the QC reviewer in order to maintain eligibility for food stamp benefits. If the EU refuses to cooperate, a sanction is entered for the head of the EU, which closes the food stamp case. The EU is ineligible for benefits until compliance or until 95 days after the end of the annual review period (January 3 each year). The annual review period follows the federal fiscal year of October 1 through September 30.
Refusal to Cooperate with Quality Control
The QC reviewer will attempt to contact the EU through a letter and/or telephone call. If the EU does not respond to attempts to contact or attempts to obtain information, QC staff will send the IM-311Q, QC Referral for Contact/Sanction form and request the FSD caseworker contact the EU.
The first attempt to contact by the caseworker should be by telephone. If contact with the EU cannot be made through a telephone call, send the EU the IM-31Q, Notice of Contact Requested. The FSD caseworker has five (5) days to attempt contact with the EU.
The EU must be given ten (10) days to contact the FSD caseworker. If the EU responds to the notice, instruct the EU on how to contact the QC reviewer. The EU may telephone them collect or if co-located, the FSD caseworker should contact the QC reviewer.
If the EU does not respond within ten (10) days, refusal to cooperate must be established prior to sanctioning the EU. The refusal is established by the FSD caseworker.
Refusal to cooperate is the EU's unwillingness to cooperate. For a determination of refusal to be made, the EU must be able to cooperate, but clearly demonstrates that it will not take actions that it can take. If the EU lacks transportation to attend an interview, this is a failure to cooperate, not a refusal to cooperate. In this case, the reviewer will arrange to meet with the EU.
EXAMPLE: A QC Reviewer contacts Mrs. White's caseworker requesting assistance in contacting Mrs. White to conduct an interview. The FSD caseworker is able to reach Mrs. White by telephone. Mrs. White states she does not want to talk with the Reviewer. The caseworker explains the penalties for refusing to participate in the review and begins the sanctioning process.
EXAMPLE: Mr. A completes his recertification for food stamps. While in the office, Mr. A's eligibility worker advises him of his need to cooperate with a QC review. The QC Reviewer has requested that Mr. A sign and return a release of information statement within 10 days. Mr. A responds that he received the statement but does not feel that the information requested is needed for the review. Mr. A's eligibility worker explains the penalties for refusing to cooperate with the review and begins the sanctioning process.
Complete the section entitled “To be completed by Family Support Division” of the IM-311Q, QC Referral for Contact/Sanction and return to the QC reviewer advising him/her of the action taken.
When an EU demonstrates a refusal to cooperate with a QC review, the entire EU is subject to sanction. While the sanction is imposed, the EU is ineligible to receive food stamp benefits. There are special instructions for entering a QC sanction. Enter the end date as January of the next Federal fiscal year (October - September). To add a QC sanction, refer to the Quality Control Sanction user guide.
The EU may participate in the Food Stamp Program when the EU cooperates with QC or ninety-five (95) days from the end of QC's annual review period. Enter the month the sanction ends in the End field.
EXAMPLE: Mr. A does not cooperate with QC in June 2005. The QC sanction is entered and closes Mr. A's food stamp case. He is not eligible to receive food stamp benefits again unless he cooperates with QC or until January 2006.
EXAMPLE: Mr. B does not cooperate with QC in December 2005. The QC sanction is entered and closes Mr. B's food stamp case. He is not eligible to receive food stamp benefits again unless he cooperates with QC or until January 2007 (the January of the next Federal fiscal year).
Curing a QC sanction
The EU may participate in the Food Stamp Program when they have cooperated with the QC review. Once the EU has cooperated with the review, QC will contact FSD verifying the cooperation. If the EU cooperates with the QC review prior to the end of the sanction period, the sanction is ended and the EU can reapply for food stamp benefits. Refer to the Quality Control Sanction user guide for instructions.
If the EU applies for benefits in the month in which they comply or applies in January when the sanction ends, FAMIS will reject the application for the first month, and if otherwise eligible, will approve the case for the subsequent month. To issue benefits in the month of application, complete a WIBCA budget, using the date of compliance (if the EU complied) or January 4 (if the sanction is ending) as the prorate date. Refer to the user guide WIBCA.
Forms
The IM-31Q, Notice of Contact Requested and IM-311Q, QC Referral for Contact/Sanction and instructions are available on-line only. To access the forms follow the instruction below:
- go to the Family Support Division Intranet site;
- click Food Stamps;
- click forms;
- click Forms Manual; and
- click Volume I for the IM-31Q, Notice of Contact Requested or Volume II for the IM-311Q, QC Referral for Contact/Sanction.
Policy Manual Revisions
The Food Stamp Manual sections 1140.050.00 - 1140.050.10 discussing QC sanctions are added to the Food Stamp manual.
NECESSARY ACTION:
- Review this memorandum with appropriate staff.