N.J. Admin. Code § 10:90-4.13

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:90-4.13 - Sanctions

(a) The failure of a recipient to cooperate with the Work First New Jersey program or participate in work activities under the program without good cause shall result in a loss of cash assistance benefits in accordance with the provisions of this section. See 10:90-4.11 regarding good cause provisions.

(b) In an assistance unit with one adult, if the adult fails to cooperate with the program or participate in work activities without good cause, the cash assistance benefit provided to the assistance unit shall be reduced by the pro-rata share of the noncompliant adult for one month.

1. If the adult fails to cooperate with the program or participate in work activities by the end of the one-month pro-rata sanction, without good cause, the assistance unit's cash assistance case shall be suspended for one month. If the participant complies by the end of the suspension month, assistance will be granted for the following month.

2. If the adult fails to cooperate with the program or participate in work activities by the end of the suspension month, without good cause, the assistance unit's cash assistance case shall be closed for a minimum one-month period, and the assistance unit shall be required to reapply in order to receive further cash assistance benefits.

(c) In an assistance unit with two adults, if one adult fails to cooperate with the program or participate in work activities without good cause, the cash assistance benefit provided to the assistance unit shall be reduced by the pro-rata share of the noncompliant adult for one month. If the adult fails to comply by the end of the one month pro-rata sanction, the pro-rata reduction shall continue until the recipient demonstrates an intent to comply. If both adults fail to cooperate with the program or participate in work activities without good cause, the cash assistance benefit provided to the assistance unit shall be reduced by the pro-rata share of both noncompliant adults for one month.

1. If one adult cooperates and one adult fails to comply without good cause by the end of the one-month pro-rata sanction, assistance shall be granted for the following month, however, the cash assistance benefit provided to the assistance unit shall remain reduced by the pro-rata share of the noncompliant adult until the recipient demonstrates an intent to comply.

2. If both adults fail to cooperate with the program or participate in work activities by the end of the one-month pro-rata sanction, without good cause, the assistance unit's cash assistance case shall be suspended for one month. If one adult cooperates and one adult fails to comply without good cause by the end of the one-month suspension sanction, assistance shall be granted for the following month, however, the cash assistance benefit provided to the assistance unit shall remain reduced by the pro-rata share of the noncompliant adult until the recipient demonstrates an intent to comply.

3. If both adults fail to cooperate with the program or participate in work activities by the end of the suspension month, without good cause, the assistance unit's cash assistance case shall be closed for a minimum one-month period, and the assistance unit shall be required to reapply in order to receive further cash assistance benefits.

(d) If a dependent child 16 years of age or older fails to comply with the requirement for school attendance or other work activity participation, without good cause, the assistance unit shall be subject to a pro-rata reduction of cash assistance benefits for one month. If the dependent child fails to comply by the end of the sanction month; the pro-rata reduction shall continue until the dependent child demonstrates an intent to comply.

(e) If a cash assistance case is closed due to a sanction, and the recipient is receiving emergency assistance benefits, then the emergency assistance will continue through the one-month closure sanction, if eligible. In order to receive emergency assistance during any sanction penalty period, the recipient must continue to be eligible for emergency assistance benefits. If the individual reapplies for cash assistance benefits, demonstrates compliance, and remains eligible for emergency assistance, the emergency assistance benefits shall be reinstated if the emergency still exists.

(f) If a recipient who is less than 18 years of age is living in a Work First New Jersey-funded appropriate living arrangement because the recipient is unable to live with a parent, guardian, or other adult relative, funding for the living arrangement shall continue for one month immediately following the case closure.

(g) An adult recipient who voluntarily quits a job without good cause, shall render the entire assistance unit ineligible for cash assistance benefits for a period of two months from the date the county or municipal welfare agency, as appropriate, makes the determination that the recipient quit the job.

(h) The county or municipal welfare agency shall determine whether good cause for noncompliance exists prior to the imposition of a sanction. Good cause is defined at 10:90-4.11.

1. Prior to the imposition of a sanction, the county or municipal welfare agency shall ensure that an assessment has been completed in consultation with the recipient, and a determination has been made that barriers do not exist, which are likely to prevent the recipient from complying with the work requirements or other activities specified in the Individual Responsibility Plan. This shall not apply if the recipient has refused to cooperate with the assessment without good cause.

2. The county or municipal welfare agency shall determine if a sanctionable offense has occurred and whether good cause exists by:

i. Reviewing the case record to determine whether an assessment or other information in the file indicates that good cause for noncompliance exists; and

ii. Outreaching to the recipient, to attempt to determine the reason for noncompliance and whether it constitutes good cause, in consultation with the recipient.

3. If good cause requires that services be provided in order for the recipient to comply, then services shall be provided, as appropriate, prior to any reassignment of work activities.

4. The recipient shall be provided with reasonable accommodations in work activities and, when necessary given the condition, deferred from participation for identified disabilities or if the agency reasonably believes that a disability exists after consultation with the individual.

5. The sanctioned recipient shall be advised of the right to contest the sanction if he or she disagrees with the agency determination to impose the sanction. A sanctioned recipient may request a fair hearing and continued benefits.

(i) The pre-sanction and outreach process shall be implemented in the following manner:

1. At the time that the activity is scheduled, the recipient and case worker shall identify and record the best method for contacting the recipient in the event that the recipient fails to attend an activity. Methods of contact shall include written notice and at least one of the following:

i. More than one attempt by telephone at different times of the day;

ii. In person outreach at a time identified by the recipient; or

iii. Other methods, such as an authorized third-party contact, when necessary to accommodate a disability or for other good cause.

2. Methods of outreach must accommodate a person with a disability when necessary. Outreach must be conducted in a way that is meaningful for an individual with limited English proficiency.

3. If a recipient contacts the vendor because he or she cannot attend a scheduled activity, the vendor shall determine if the absence is excused.

4. If a recipient does not show up at a scheduled activity, or if the vendor determines that the absence is not excused, the referring case manager shall be notified and an attempt to contact the individual shall be made to determine the reason for the absence and to determine if good cause exists.

5. The case manager shall check the case record for a current assessment or other indicator of a barrier.

6. If a recipient does not show up at a scheduled activity for two days, the case manager shall be notified. If the case manager has either determined that good cause does not exist or has been unable to determine good cause because outreach efforts (defined at (i)1 above) were unsuccessful, an adverse action notice shall be mailed to the recipient at least 10 calendar days before the effective date of the action.

i. If the recipient contacts the case manager before the 10-day adverse action period is over and the case manager determines that there is good cause for not participating, the per capita sanction shall not be imposed.

ii. If the recipient contacts the case manager before the 10-day adverse action period is over and the case manager determines that there is no good cause for the noncompliance but the recipient demonstrates an intent to comply, no per capita sanction shall be imposed.

iii. If the recipient does not contact the case manager before the 10-day adverse action period is over, the sanction shall be imposed. Unless the recipient contacts the agency and good cause exists for the noncompliance, or the recipient demonstrates an intent to comply, the assistance unit's grant will receive a one-month pro-rata reduction, followed by a one-month suspension, followed by the case closure.

iv. Prior to the case closure, another notice shall be mailed to advise the recipient of the date the case shall be closed if the recipient does not contact the agency and have a good cause for the noncompliance or demonstrate an intent to comply.

N.J. Admin. Code § 10:90-4.13

Administrative correction.
See: 29 N.J.R. 3729(a).
In (a)3i, deleted "person's" preceding "assistance unit"; in (a)3i(1), deleted "who was" preceding "sanctioned"; in (c)8, deleted "reliable" preceding "verified information"; in (c)9, deleted "required" following "does not exist and is"; and in (c)10, deleted "may" following "the employer shall".
Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
Added language regarding full month increments of the cash assistance benefit throughout; and in (c)2, added reference to N.J.A.C. 10:90-5.2.
Recodified from N.J.A.C. 10:90-4.11 and amended by R.2003 d.226, effective 6/16/2003.
See: 34 N.J.R. 2713(a), 35 N.J.R. 2670(a).
Rewrote the section. Former N.J.A.C. 10:90-4.13, Intent to comply, recodified to N.J.A.C. 10:90-4.18.
Special Repeal and New Rule, R.2008 d.182, effective 6/3/2008.
See: 40 N.J.R. 4232(a).
Section was "Sanctions".