A-2140, Full-Family Sanction
Revision 12-3; Effective July 1, 2012
TANF
Impose a full-family sanction when an adult TANF recipient, minor parent certified as an adult or second parent, or payee/disqualified adult fails to cooperate with any applicable requirement of the PRA after the agreement has been signed. The full-family sanction is imposed for a minimum of one month or until cooperation, whichever is longer.
If the household does not cooperate with a PRA requirement for two consecutive months, the household loses TANF cash assistance and the family must demonstrate cooperation with the PRA for 30 days before receiving cash assistance again. This is referred to as pay for performance.
If the household does not cooperate with two or more PRA requirements during the initial NC1 or NC2 month, the household loses TANF cash assistance and the family must reapply in pay for performance.
A—2141 When to Start a Full-Family Sanction
Revision 12-3; Effective July 1, 2012
TANF
After the TANF recipient or payee/disqualified adult signs the PRA, the entire household loses eligibility for cash assistance if a:
- TANF recipient fails to cooperate with any PRA requirement, or
- payee/disqualified adult fails to cooperate with any of the modified PRA requirements.
This loss of cash assistance is referred to as a full-family sanction. During the full-family sanction the household is ineligible for cash assistance for one month or until they cooperate, whichever is longer. Once the full-family sanction is imposed, that month's benefit is forfeited and the family cannot regain that month's benefit, even if they later cooperate.
If the nonexempt TANF recipient fails to cooperate with Choices or child support, or the payee/disqualified adult or Choices-exempt TANF recipient fails to cooperate with child support, the noncooperating individual also loses Medicaid coverage (excluding Transitional Medicaid) for one month or until cooperation, whichever is longer, unless the individual is under age 19 or pregnant. The other family members remain eligible for Medicaid.
A noncooperation is not applicable if the noncooperation occurred:
- before Sept. 1, 2003, and the full-family sanction was never imposed, or
- on or after Sept. 1, 2003, but before signing Form H1073. Advisors must not open anew PRA penalty for noncooperations that occurred before the individual signed the PRA.
Notes:
- After the TANF EDG is denied for any reason, the noncooperating adult may reapply for Medicaid and qualify after the identified forfeit months. Exception: An adult who noncooperated with child support must comply before becoming eligible for Medicaid.
- If the family has new or increased earnings, child support income or loss of the 90% earned income disregard (EID) that causes ineligibility and a PRA noncooperation that affect the same month, the earned income, child support or EID change has hierarchy. Exception: Legal parents who fail to cooperate with Child/Medical Support or TPR requirements are not eligible for Transitional Child Support Medicaid.
Related Policy
Transitional Medicaid Coverage, A-840
A—2141.1 Determining the First Month of Noncooperation
Revision 14-1; Effective January 1, 2014
TANF
The first month of noncooperation, or the NC1 month, is the month:
- of the "noncooperation date" on Form H2581, Choices Noncooperation Report;
- HHSC receives notice of child support noncooperation on Form H1708-A, Report of Noncooperation (Automated). Note: There is no noncooperation date on Form H1708-A. Use the date the data is posted to the online system; or
- the advisor discovers noncooperation with other PRA requirements at either a complete or incomplete action.
A—2141.2 Determining the Second Month of Noncooperation
Revision 12-3; Effective July 1, 2012
TANF
The second month of potential noncooperation/cooperation, or the NC2 month, is the calendar month following the first month of noncooperation. The family must cooperate with the PRA by the last calendar day of the second month to avoid a second forfeit month and pay for performance requirements.
Consider the individual a TANF recipient during the second month of noncooperation even if this is a forfeit month. The individual has not lost eligibility during the second month of noncooperation and may regain eligibility during the second month if cooperation is established by the last calendar day of the month.
Note: When a member fails to cooperate with the drug and alcohol PRA requirement, the individual is considered to be back in cooperation status the month after the month of noncooperation unless convicted of a subsequent offense.
A—2141.3 Determining the Forfeit Month(s)
Revision 12-3; Effective January 1, 2012
TANF
For PRA penalties imposed on active EDGs, the first month the advisor can actually apply the full-family sanction and forfeit a month of TANF cash assistance after sending Form TF0001, Notice of Case Action, and allowing adverse action is the effective month.
For PRA penalties imposed at application, the first forfeit month for:
- TANF is the first month the household would otherwise receive a TANF grant.
- Medicaid for an adult who fails to cooperate with Choices or child support is the first month the advisor can impose the penalty on or after the PRA noncooperation discovery date. Provide Medicaid coverage for the adult for any eligible months before the PRA noncooperation discovery date.
Note: Forfeit months cannot be prior to the first noncooperation (NC1) month.
A TANF household that fails to cooperate with the PRA for two consecutive months must forfeit cash assistance for two consecutive months. The following individuals also forfeit Medicaid coverage for two consecutive months, unless the individual is pregnant or under the age of 19:
- Choices mandatory TANF caretaker or second parent who noncooperates with Choices or child support;
- Choices exempt TANF caretaker or second parent who noncooperates with child support; or
- payee/disqualified adult who noncooperates with child support.
Note: When the full-family sanction month has been determined and a Choices or child support noncooperation is received after cutoff in the first month of noncooperation, disqualify the noncooperating member the next effective month.
A—2142 Applying a Full-Family Sanction to Multiple TANF EDGs
Revision 19-3; Effective July 1, 2019
TANF
If the TANF recipient, payee, or disqualified adult has more than one TANF EDG and fails to cooperate with:
- parenting skills, voluntary quit or Choices, the sanction applies only to the EDG with the certified adult;
- Texas Health Steps, immunizations or school attendance, the sanction applies to the EDG with the applicable child; or
- child support or drugs and alcohol, the sanction applies to all TANF EDGs.
A—2143 Reinstating Cash Assistance After Cooperation
Revision 14-1; Effective January 1, 2014
TANF
If the family cooperates with all required PRA components by the last calendar day of the second consecutive month, the advisor must reinstate TANF cash assistance for the first month after the full-family sanction month. If the advisor receives verification of cooperation from the individual, Texas Workforce Commission (TWC), Office of Attorney General (OAG) or other sources after the second month and before cutoff of the following month, the individual must have cooperated in the second month to have cash assistance reinstated. Note: If HHSC later receives proof that the individual did cooperate in the second month, the individual may reapply without going through the pay for performance process.
Example: The advisor receives Form H1708-A, Report of Noncooperation (Automated), in November after cutoff and processes the EDG before December cutoff. The family's first month of noncooperation is November, and the full-family sanction is effective January. The family has forfeited January TANF cash assistance permanently. The noncooperating adult has also lost Medicaid for January.
The family's second consecutive month of noncooperation/cooperation is December. On Jan. 4, the OAG provides Form H1701, Child Support, TANF Foster Care and TANF/Medicaid Case Information Exchange, verifying the individual cooperated with child support requirements on Dec. 29, 2003. The advisor must reinstate TANF cash assistance (and Medicaid for the disqualified adult) effective February (the month after the forfeited month).
A—2144 Imposing a Penalty
Revision 14-2; Effective April 1, 2014
To impose a penalty, ensure required individuals have signed Form H1073, Personal Responsibility Agreement. Impose a full-family sanction using the following chart.
| If processing ... | impose a full-family sanction ... |
|---|---|
| an initial application, | effective the first month the applicant would otherwise receive a grant if the individual does not cooperate with child support, voluntary quit or school attendance requirements before certification but after signing the PRA. Do not impose a full-family sanction for any other noncooperation at application. |
| an incomplete review, | the effective month based on the date Form TF0001, Notice of Case Action, is sent if the individual does not cooperate with Choices, child support or voluntary quit requirements. |
| a complete review on an active EDG, | the effective month based on the disposition date for any penalty. |
| a reapplication after denial, | as explained in each individual responsibility section (A-2120, Individual Responsibilities). |
| an application received in the last benefit month or within two months after the last benefit month, | effective the first month the applicant would otherwise receive a grant if the applicant was not cooperating with the PRA in the last benefit month (A-2131.2.1, Verifying Prior Cooperation Status at TANF Reapplication). |
Issue Form TF0001, informing the individual of the PRA noncompliance. Include who did not comply with the PRA and which requirement the member failed to cooperate with.
Note: Impose a full-family sanction if the requested verification indicates the PRA requirement was met after the verification request date or if the verification is provided after the verification due date.
A—2144.1 Failing to Impose a Full-Family Sanction
Revision 12-4; Effective October 1, 2012
TANF
If HHSC does not take action on a noncooperation report within a reasonable time frame, send Form TF0001, Notice of Case Action, to initiate the noncooperation penalty as soon as possible.
Form TF0001 is sent within a reasonable time frame if:
- for Choices penalties, a Choices penalty notice is received from TWC within five calendar days after the end of the month in which the Choices noncooperation occurred; and
- for all penalties, the advisor sends Form TF0001 in the same calendar month as the date of noncooperation, or within 10 calendar days after becoming aware of the noncooperation if that is later.
If the advisor does not send Form TF0001 within a reasonable time frame, the first month of noncooperation becomes the month Form TF0001 was sent. This ensures the individual has a reasonable opportunity to demonstrate cooperation in the second month.
Note: A postponed first month results in a forfeit month, but does not count toward two consecutive months of noncooperation.
If the advisor sends Form TF0001 for a PRA penalty within a reasonable time frame but fails to timely impose the full-family sanction for the correct forfeit month, determine the actual first and second month of noncooperation. If the individual:
- cooperates in the second month, file a claim for the month that should have been forfeited. The household does not need to reapply for TANF.
- fails to cooperate in the second month, file a claim for the two months that should have been forfeited. The household must reapply in pay for performance status.
If a penalty is applicable but the EDG is denied, advisors still must enter the penalty information into TIERS and send Form TF0001.
A—2145 Ending an Open Penalty
Revision 12-3; Effective July 1, 2012
TANF
The end date for a PRA penalty is the month the individual cooperates or has good cause for certain PRA requirements.
Close a PRA penalty if the household cooperates by the end of the second month of noncooperation and provides verification by cutoff of the next month.
If verification is provided after cutoff of the following month, the household must reapply as explained in A-2143.
Note: Do not close a child support penalty incurred while receiving TANF when an individual applies for adult Medicaid and has cooperated with the OAG.
The end date cannot be later than the effective month (the month the advisor can affect benefits).
Enter the verification type and date when ending a penalty. If the advisor enters an end month with no verification, TIERS pends the page.
Note: If after imposing a penalty you determine the individual was incorrectly penalized, remove the penalty and restore benefits, if appropriate.
A—2146 Action When a Person Fails to Cooperate with the PRA at Complete or Incomplete Review
Revision 19-3; Effective July 1, 2019
TANF
| If the caretaker, second parent, payee or disqualified adult noncooperates with ... | then ... |
|---|---|
| Choices (Caretakers and second parents only) |
|
| Child support |
|
| Texas Health Steps, immunizations, school attendance, parenting skills or voluntary quit |
|
| Drugs and alcohol |
|
Note: See A-2147, Action When the Person Cooperates with the PRA Requirements Before the End of the Second Noncooperation Month, for situations where the person cooperates with the PRA requirements before the end of the second potential noncooperation month. If the person provides other information needed to complete the review and cooperates with the PRA requirement, complete the review and impose a full-family sanction. End-date the penalty effective the month the person cooperates.
Related Policy
Imposing a Penalty, A-2144
Action When the Individual Cooperates with the PRA Requirements Before the End of the Second Noncooperation Month, A-2147
PRA Requirements Before the End of the Second Noncooperation Month, A-2147
Recipients of TANF and TP 08, A-825.1
A—2147 Action When the Individual Cooperates with the PRA Requirements Before the End of the Second Noncooperation Month
Revision 12-3; Effective July 1, 2012
TANF
If the caretaker, second parent, payee or disqualified adult cooperates with the PRA requirement before the end of the second noncooperation month, then end date the penalty effective the month the individual cooperates. Send Form TF0001, Notice of Case Action, informing the household the sanction has ended and the ongoing benefit amount.
Notes:
- For Choices and child support, end the Medicaid disqualification the month the individual cooperates. Reinstate Medicaid benefits effective the month after the forfeit month.
- If after imposing a penalty, it is determined the individual was incorrectly penalized, remove the penalty and restore benefits, if appropriate.
- If the household cooperates with the PRA requirements but does not provide information requested to complete the periodic review, deny the household for failure to provide.
A—2148 Reserved for Future Use
Revision 12-3; Effective July 1, 2012
A—2149 Individual Notices
Revision 14-2; Effective April 1, 2014
TANF
Issue Form TF0001, Notice of Case Action, to impose a full-family sanction. Issue a second Form TF0001 for any PRA noncooperation that occurs in the first or second month of noncooperation after the original noncooperation has been identified to inform the household of the new noncooperation. Advise the household of the penalty and how the member can cooperate.
Use adequate notice when imposing a penalty for one or more PRA noncooperations. See A-2344.1, Form TF0001 Required (Adequate Notice).