M E M O R A N D U M

IM-120  08/31/99  FOOD STAMP METP NON-COMPLIANCE


SUBJECT:
FOOD STAMP METP NON-COMPLIANCE
 
DISCUSSION:
Based on discussions with staff, there appears to be confusion about the action necessary when a notice of Missouri Employment and Training Program (METP) non-compliance is received on a food stamp case that is about to expire or is expired.  The following information is being provided to clarify the action required if the food stamp certification is about to expire, has expired, or the case is closed and the non-compliance occurred while the individual was an active food stamp participant.  This memorandum is a clarification of current policy and does not reflect a change in policy.

Food Stamp participants who do not participate in an METP activity when called in and do not meet a work registration exemption, do not have good cause, and do not cure the non-compliance must be sanctioned.  Even though a case is inactive, workers are required to complete the conciliation process and, if necessary, impose a sanction.  Record all activity relating to the non-compliance in the case record.  The recording should clearly support the action taken.  File all forms and notices pertaining to the non-compliance in the food stamp case record.

Conciliation

The Division of Workforce Development(DWD--formerly ES), makes a good cause determination only if the participant contacts them as a result of a call-in notice.  If DWD determines the participant has good cause, DWD changes the work registration code to 18.  If the participant does not contact DWD nor does the participant comply with the DWD call-in notice, an automated conciliation notice is sent to the household.  A system generated notice is also sent to the worker.  Conciliation letters must be sent by the worker to households in which a participant failed to comply when called in to participate in all other components (for example, DJP, JTPA, etc.).

Notice of Adverse Action

After the 10-day conciliation period, if the non-complying food stamp participant does not comply, does not meet a work registration exemption, or does not have good cause, send the household a Notice of Adverse Action (IM-80).  The IM-80 must clearly state:

  • name of the non-complying household member and 

    •  
  • the period of disqualification (refer to IMNL Section 1105.025.30.25).
If the non-complying household member does not respond during the advance notice period, impose the sanction upon expiration of the IM-80.  FSU5 does not allow the entry of disqualification information on a closed case.  Clearly record the information in the case record and on the IM-100D so the next worker can determine which household member is sanctioned and how long the sanction is imposed. 

Non-complying household members who meet a work registration exemption or have good cause for not participating in an METP activity should not be sanctioned.  Do not sanction individuals who are willing to cure the sanction, but there is no METP slot available.
 
NECESSARY ACTION:
  • Review this memorandum with appropriate staff.
  • Impose the METP sanction for METP non-compliance on inactive cases.
  • Record action taken in food stamp case record.
  • File all forms and notices in food stamp case record.
JKW
Distribution #6
[ 1999 Memorandums ]