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C. Examples of Child Support Sanctions for Work First Benefits Cases
Parents or caretakers must cooperate with Child Support Enforcement to establish paternity, if necessary, and to secure child support for the children in their care who receive WFFA. This includes giving all information known about an absent parent and going to the Child Support Office or court as required.
Parents or caretakers who, without good cause, do not cooperate with Child Support Enforcement, lose Medicaid eligibility, unless they are eligible for MPW or receive Medicaid through SSI, and the entire family will be ineligible for a Work First Family Assistance payment for one month or until compliance, whichever is later.
NOTE: Apply the sanction for non-cooperation with Child Support Enforcement even if the parent/caretaker is not included in the WFFA case (such as a parent/caretaker who receives SSI). When an adult who is not included in the case has failed to cooperate, complete a name search in EIS to determine whether the person is receiving Medicaid coverage. If so, notify the Medicaid caseworker to take action to sanction the Medicaid benefits (except for MPW coverage).
If the parent who fails to cooperate is exempt from the work requirement as the single parent of a child under one year of age, the parent loses this exemption.
NOTE: Refer to your local County Work First Plan to follow “S” code rules.
The Child Support Enforcement agency determines non-cooperation and will notify you via the Caseworker IVD Work List when a sanction must be applied. Child Support Enforcement will also notify you when the parent/caretaker has begun to cooperate and a sanction should end.
Action to initiate a sanction must be taken within ten work days of receiving the work list item from ACTS.
Upon notification from Child Support Enforcement, apply the sanction by taking the following actions:
For automated timely notices (DSS-8110), the notice register is available for inquiry and printing. Refer to Work First Policy Section 264 VIII. for additional information on the Notice Register Report.
1. Payment Type 1 (Child Only) Cases:
If the caretaker cooperates prior to the expiration of the timely notice (DSS-8110), do not impose the sanction. Delete the pending DSS-8125 on hold to rescind the timely change.
If the timely notice expires and the sanction processes, and the caretaker has not cooperated, the family must miss at least one payment. If the caretaker cooperates after the expiration of the timely notice, do not change the payment type back to 1 until at least one check has been missed.
When a parent/caretaker fails to comply and doesn’t receive a Work First Family Assistance payment for three consecutive months, terminate the Work First Family Assistance case and evaluate for Medicaid.
2. Payment Type 2 (Work First Benefits) Cases:
For Work First Benefits cases, the MRA agreements (DSS-6963A and DSS-6963B) serve as timely notice of termination of cash payments.
When a IVD work list item shows non-cooperation for an adult who is included in a Work First Benefits case, the caseworker will not issue the payment from the WB screen for the month of non-cooperation as shown in the “Date of Non-Cooperation” field in IMS information from ACTS. No additional checks will be issued until Child Support Enforcement verifies the adult’s cooperation.
Key a DSS-8125 using sanction change code 44 (timely), as described above, to terminate the non-cooperating adult from the case and change the payment type to S for the ongoing month. This is to end the caretaker’s Medicaid eligibility.
When the above action to change the pay type to S has processed (That is after the timely notice period.), key another DSS-8125 to transfer the case to MAF. A re-application will be required for the family to receive WFFA. See Section WF 119 for Work First Benefits policy.
Note: When a IVD work list item shows non-cooperation, unless the work list item is in error, do not issue the WFFA check for the month of non-cooperation even if the parent/caretaker cooperates within the timely notice period or within a few days of the work list item or within the same month. Once the child support agency has determined non-cooperation at least one assistance check must be missed.
Example 1: (Parent never cooperates)
Example 2: (Parent cooperates during timely notice period)
January 7 |
Work list item shows non-coop. Date of non-coop is Jan. 4. |
January 7 |
Worker keys a budget to apply a IVD sanction. Worker keys a DSS-8125 using timely change code 44 to impose a IVD sanction and to delete the parent from the case (Evaluate for MPW eligibility). System issues the DSS-8110 timely notice for termination of the adult’s Medicaid. |
January 14 |
Work list item shows client has cooperated. Date of cooperation is January 13. |
January 14 |
Worker deletes the pending DSS-8125. No change to the case is processed. Medicaid coverage continues for the adult. |
February |
Worker evaluates compliance with MRAs for January and does not issue the January check due to non-cooperation with child support enforcement. |
Example 3: (Parent cooperates after case transfers)
January 20 |
Work list item shows non-coop. Non-coop date is Jan. 17. |
January 21 |
Worker keys a budget to apply a IVD sanction. Worker keys a DSS-8125 using timely change code 44 to impose a IVD sanction and to delete the parent from the case (Evaluate for MPW eligibility.). System issues the DSS-8110 timely notice. |
Worker will not issue January check because participant was non-coop in January. | |
February 7 |
Timely notice expires, and DSS-8125 processes in EIS. Case is now pay type S effective March 1, and the adult has been deleted. |
February 8 |
Worker verifies that the participant’s cooperation status continues to be “No” in ACTS. |
February 8 |
Worker evaluates and transfers the case to Medicaid effective March 1. |
Worker will not issue February check because participant was non-coop in February. Additional WFFA benefits will require a re-application. | |
February 15 |
Work list item shows that parent has cooperated. Coop date is Feb. 14. |
March 1 |
Recipient wants to reapply for WFFA. Worker verifies that cooperation status is “yes” in ACTS, and recipient verifies that there are no other changes. Worker may complete an administrative reapplication within the first ten calendar days of March, as described in WF 203. |
Example 4: (Notification from IVD after issuance of check)
January 4 |
Worker issues December check because participant has submitted all time cards for December activities, and worker is not aware of any non-compliance. |
January 5 |
Work list item shows non-coop. Non-coop date is Dec. 28. |
January 5 |
Worker keys a budget to apply a IVD sanction. Worker keys a DSS-8125 using timely change code 44 to impose a IVD sanction and to delete the parent from the case (Evaluate for MPW eligibility). System issues the DSS-8110 timely notice. |
Participant is subject to missing at least one check. The check for the actual month of non-coop (December) was already issued. The IVD non-coop notice was received after a December check was properly issued based on knowledge at the time. Therefore, the participant must miss the January check, at a minimum. In this situation, the December check will not be regarded as an overpayment. | |
January 21 |
Timely notice expires, and DSS-8125 processes in EIS. Case is now pay type S effective February 1, and the adult has been deleted. |
January 22 |
Worker verifies that the participant’s cooperation status continues to be “No” in ACTS. Worker evaluates and transfers the case to Medicaid effective March 1. |
February |
Worker will not issue January check because participant was non-coop in December and has not yet missed a payment. |
February 15 |
Work list item shows that parent has cooperated. Coop date is Feb. 14. |
March 1 |
Recipient wants to reapply for WFFA. Worker verifies that cooperation status is “yes” in ACTS, and recipient verifies that there are no other changes. Worker may complete an administrative reapplication within the first ten calendar days of March, as described in WF 203. |
Worker will not issue February check because participant becomes eligible again the month after the month of cooperation. |
When ending an existing IVD sanction or deleting a pending sanction during the timely notice period, the Work First worker must verify using the Inquiry into Data Sent from ACTS or using OLV that the client cooperation status is Y, or “Yes.”
1. Child-only Cases (Changing Payment Type S to 1):
When the caseworker receives a IVD Work List notification that the parent/caretaker has begun cooperating, the caseworker will key a budget ending the sanction and key an 8125 and change pay type to “1.” Issue an adequate notice that the sanction has ended.
When ending a sanction, the Work First worker must evaluate whether or not the family has been sanctioned and missed at least one check. If the family has not missed the minimum of one (1) check, then the sanction has not been applied. The sanction must be applied. If the family has not missed at least one check, then delay keying the changes until one payment has been missed. Make the payment effective the month following the month of the missed payment.
2. WFB Cases (Changing Payment Type S to 2):
When the caseworker receives a IVD Work List notification that the parent/caretaker has begun cooperating, the caseworker will key an Administrative DSS-8124 to add the parent back to the case. Use approval code D1. This restores Medicaid coverage. Key a budget ending the sanction and key an 8125 and change pay type to 2. Issue an adequate notice that the sanction has ended. Make the parents’ Medicaid effective the month the parent begins cooperating (See Family and Children’s Medicaid Policy). The family is eligible for WFFA the month following the month of cooperation. (They have already missed at least one payment that was withheld the month of non-cooperation.)
If the cutoff deadline has passed and a payment for the current processing month needs to be issued, the caseworker must key a DMA-5022, and then key an 8125 to change the pay type to 1 or 2 for the ongoing month.
EXAMPLE: If on May 28 you want to issue a payment for June, you must key a DMA-5022 for June, because it is after cutoff and June is the current processing month. Key an 8125 to change the pay type for the ongoing month, which is July.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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