A-1840, Noncooperation with ESP

Revision 04-5; Effective July 1, 2004

A—1841 Minimum Penalty Periods

Revision 07-4; Effective October 1, 2007

SNAP

Use the following minimum penalty periods.

If this is the individual's ...then the minimum penalty period is ...
first noncooperation,one month or when he cooperates, whichever is longer.
second noncooperation,three months or when he cooperates, whichever is longer.
third or subsequent noncooperation,six months or when he cooperates, whichever is longer.

Exception: See Reestablishing Eligibility During the Penalty Period (SNAP)  A-1846.

A—1842 Failure/Refusal to Register

Revision 12-3; Effective July 1, 2012

SNAP

If the household member who fails to furnish all information needed to register is:

  • the primary wage earner (PWE), deny the EDG.
  • a member who is not the PWE, disqualify the individual.

See Minimum Penalty Periods, A-1841.

Exception: For expedited applications:

  • postpone work registration if necessary, for members not present at the interview until after the household receives its first month's benefits (or first two months if you issue a combined allotment); and
  • take adverse action for the second month (or third month if you issue a combined allotment) if all required registrants fail to provide the necessary information.

A—1843 Noncooperation with Choices

Revision 17-2; Effective April 1, 2017

TANF

Choices staff determine when a nonexempt individual fails without good cause to cooperate with Choices requirements. They use Form H2581, Choices Noncooperation Report, to notify advisors the date they made the noncooperation decision.

Failure to cooperate with Choices requirements results in:

  • a full-family sanction for one month or until cooperation, whichever is longer; and
  • denial of the TP 08 EDG for TANF recipients also certified for TP 08 benefits.

Related Policy

Completing the Penalty Action, A-1845.2 
Imposing a Penalty, A-2144

A—1843.1 TANF-SP Procedures

Revision 12-3; Effective July 1, 2012

TANF

If a nonexempt parent in a full service Choices county fails to cooperate, apply a full-family sanction for one month or until cooperation, whichever is longer.

A—1844 Noncooperation with E&T

Revision 21-2; Effective April 1, 2021

SNAP

E&T staff determine when a person fails to cooperate with employment services requirements. E&T staff send noncompliance information electronically through the automated interface to notify HHSC of the person's failure to cooperate. E&T staff may send Form H1816, SNAP E&T Noncompliance Report, to HHSC staff with more details.

If a PWE fails to cooperate with employment services requirements, Choices requirements or with work requirements in TWC's unemployment insurance program without good cause, the household is ineligible for the minimum penalty periods.

If a person who is not the PWE fails to cooperate without good cause, disqualify the person for the applicable minimum penalty period.

Note: If the noncooperating person moves to a new household:

  • deny the new household for the remainder of the penalty period if the person is the new household's PWE; or
  • disqualify the person for the remainder of the penalty period if the person is not the new household's PWE.

The following procedures apply to a household with a person who is:

  • exempt from registration due to TANF-Choices status or due to applying for or receiving unemployment insurance benefits (UIB); and
  • penalized in that program for not cooperating with a program requirement.
When an individual fails to cooperate with ...then ...
a Choices requirement in TANF,apply the E&T noncooperation penalty unless the person is exempt for another reason.
a work requirement in TWC's UIB program,apply the E&T noncooperation penalty unless the person is exempt for another reason.

A disqualified person may re-establish eligibility after the minimum penalty period expires. A person may re-establish eligibility during the penalty period by becoming exempt from E&T registration.

Related Policy

E&T Exemptions, A-1822 .1 
Minimum Penalty Periods, A-1841 
Re-establishing Eligibility During the Penalty Period, A-1846 
Re-establishing Eligibility After the Penalty Period, A-1847 
Determining Good Cause, A-1860

A—1844.1 Determining Primary Wage Earner (PWE) for Noncooperation Situations

Revision 13-3; Effective July 1, 2013

SNAP

Determine a household's PWE as follows:

If ...then the ...

(a) the household includes:

  • a parent of a child of any age living in the home; or
  • an adult with parental control of a child under age 18 living in the home,

household selects the PWE and all adult members must agree to the selection. The PWE selected must:

  • be an adult parent of a child of any age; or
  • have parental control of a child under age 18 living in the home.

The household must select a PWE at certification, recertification, or when household composition changes.

(b) adult household members cannot agree on a PWE, or Item (a) does not apply,

PWE is the member (including a disqualified member) who:

  • earned the most income in the two months before the month of noncooperation; and
  • was employed at least 20 hours per week at the federal minimum wage or had earnings equal to this amount.
(c) a PWE cannot be designated using the criteria in Item (a) or (b) above,PWE is the member listed as head of household on the noncooperation date.

Exception: For Items (b) and (c) in the chart above, a person (any age) may not be the PWE if he lives with his parent (or person fulfilling the role of his parent) who is:

  • registered for work through the SNAP E&T program (even if he has a participation exemption); or
  • exempt from registration due to employment, TANF-Choices status, or receipt/application for UIB.

The household can change the PWE during the certification period. Exception: The household cannot change the PWE if the current PWE has failed to cooperate with SNAP E&T requirements or has voluntarily quit a job, unless a new member has joined the household and is selected as the PWE.

A—1844.2 Tracking the Number of Sanctions

Revision 14-4; Effective October 1, 2014

SNAP

Document in the case record each time the individual is sanctioned for:

  • employment services,
  • voluntary quit,
  • voluntarily reducing work hours,
  • Choices, or
  • unemployment insurance.

A sanction for any of these work requirements counts as a noncooperation penalty.

Example: The individual has one sanction for voluntary quit without good cause. The individual served a one-month penalty and obtained a comparable job. The individual was laid off and was registered with the E&T program. The individual noncooperated with one of the E&T requirements. This is the second sanction.

A—1845 Action on Noncooperation

Revision 05-3; Effective July 1, 2005

A—1845.1 Sending Notice of Failure to Cooperate

Revision 23-3; Effective July 1, 2023

TANF

When a certified household member does not cooperate with a Choices requirement, send Form TF0001, Notice of Case Action, within five workdays after receiving notice of Choices noncooperation. Provide the person with adequate notice of adverse action. Send Form H2581, Choices Noncooperation Report, electronically through the automated interface to inform TWC staff of the sanction effective date.

SNAP

When a certified household member does not cooperate with E&T, send Form H1818, Failure to Comply with SNAP Employment and Training, within one business day of receiving notice of E&T noncooperation. Allow the person 10 days to contact TWC staff and claim good cause for the noncompliance.

HHSC allows three additional days beyond the 10-day period before issuing a TF0001, Notice of Case Action, to give sufficient time for TWC staff to send good cause information to HHSC. If HHSC does not receive a good cause claim within the 13-day period, send Form TF0001 by the next business day. Provide the person advance notice of adverse action. Ensure TIERS sends Form H1808, Agreement to Follow SNAP Rules, with the TF0001. The disqualified person or household may comply as early as the last month of the penalty period by signing the Form H1808, and could regain eligibility as early as the following month.

A household denied due to the PWE’s disqualification must file a new application to re-establish eligibility but may do so the last month of the penalty period with eligibility potentially beginning the month after.

If HHSC receives good cause from TWC within the 13-day period, follow policy to determine good cause.

Exception: E&T noncooperation notices received in the last benefit month require enough notice of adverse action.

Send Form H1818 to explore good cause even if the EDG is denied, if the noncooperation occurred during a month in which the person received SNAP and was required to participate in E&T.  

Related Policy

Re-establishing Eligibility After the Penalty Period, A-1847
Determining Good Cause, A-1860 
Appeals, A-1870 
How to Take Adverse Action if Advance Notice is Required, A-2341.1

A—1845.1.1 Failing to Timely Send Notice of Adverse Action

Revision 12-3; Effective July 1, 2012

SNAP

If E&T staff fail to timely notify HHSC of a noncooperation or the advisor fails to send notice of adverse action, the advisor must send the notice of adverse action as soon as possible after discovering the error. Do not file a claim.

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 sanction as soon as possible.

Form TF0001 is sent within a reasonable time frame if the:

  • Choices penalty is received within five calendar days after the end of the month in which the Choices noncooperation occurred; and
  • advisor sends Form TF0001 within 10 calendar days after becoming aware of the noncooperation or within the same calendar month as the date of noncooperation listed on the Choices noncooperation notice.

If the advisor does not send Form TF0001 within a reasonable time frame, the first month of noncooperation is the month Form TF0001 was sent. Do not file a claim.

Note: A postponed first month results in a forfeit month, but does not count toward two consecutive months of noncooperation. See A-2141.1, Determining the First Month of Noncooperation.

A—1845.1.2 Failing to Impose a Penalty After Providing Notice of Adverse Action

Revision 23-1; Effective Jan. 1, 2023

TANF and SNAP

When a notice of adverse action for noncooperation is sent but the penalty is not imposed for the correct month:

  • for SNAP, file a claim for any months received in error; and
  • for TANF, determine the actual first and second month of noncooperation. If the person:
    • cooperates in the second month, file a claim for the month that should have been forfeited. The household is not required to reapply for TANF.
    • fails to cooperate in the second month, file a claim for the months that should have been forfeited. The household must reapply in pay for performance.

A—1845.1.3 Penalty is not Applicable

Revision 12-3; Effective July 1, 2012

TANF and SNAP

Do not send Form TF0001, Notice of Case Action, and take adverse action if:

  • the individual was exempt at the time Choices or E&T staff made the noncooperation decision. Change the individual's work registration code as appropriate and do not take adverse action.
    • Send Form H2581 to notify Choices staff that the individual was exempt at the time of noncooperation, which you will not impose the sanction and the noncooperation does not count.
    • Do not respond to E&T sanctions.
  • Choices or E&T noncooperation month is after the effective date of the denial. There is no penalty since the individual was not a recipient for that month.
    • For TANF EDGs, send Form H2581 to notify Choices staff that since the individual was not certified at the time of noncooperation, you will not impose a sanction and the noncooperation does not count.
    • For SNAP EDGs, do not send a response to E&T staff.

A—1845.2 Completing the Penalty Action

Revision 12-3; Effective July 1, 2012

TANF

Complete the penalty action as follows.

If the caretaker or second parent noncomplies:

  • ensure there is a signed Form H1073, Personal Responsibility Agreement, for the EDG;
  • do not establish a protective payee;
  • change the work registration code to W.

For each caretaker and second parent who noncomplies with Choices, advisors must enter start dates (and end dates, if applicable) for a Choices penalty.

SNAP

Complete the penalty action as follows.

  • If the noncomplying member is the PWE, change his work registration code to U (Primary wage earner failed to comply with ESP) and deny the EDG.
  • If the noncomplying member is not the PWE, disqualify him and change the work registration code to Code T (Disqualified household member).

Note: See A-1841, Minimum Penalty Periods.

A—1846 Re-establishing Eligibility During the Penalty Period

Revision 14-4; Effective October 1, 2014

SNAP

An individual disqualified for an E&T noncompliance or a household denied because the PWE failed to comply with E&T may re-establish eligibility during the penalty period if the noncomplying individual becomes exempt from E&T registration.

A household denied because the PWE failed to comply with E&T may also re-establish eligibility if:

  • the PWE leaves the home, or
  • a new individual joins the household who would have been the PWE. If the household is otherwise eligible, certify the household and disqualify the previous PWE for the remainder of the penalty period.

When an individual disqualified for an E&T noncompliance on an active SNAP EDG re-establishes eligibility by becoming exempt, end the disqualification effective the first day of the month after the individual provides the information/verification required to qualify for the exemption. A household denied due to an individual’s E&T noncompliance must file a new application to re-establish eligibility and is eligible from the file date if all required information/verification is provided by the final due date.

When a household is denied because the PWE did not comply with E&T requirements, the disqualified household may apply and be interviewed for SNAP during the last month of the E&T penalty period.

A—1847 Re-establishing Eligibility After the Penalty Period

Revision 23-3; Effective July 1, 2023

TANF

See the related pay for performance policy to determine the appropriate action to take when a person has an open penalty at reapplication.

SNAP

A disqualified person cannot become eligible until after the minimum penalty period expires or the person meets an exception described in the related policy about re-establishing eligibility during the penalty period.

Unless exempt, the person must sign Form H1808, Agreement to Follow SNAP Work Rules, to agree to participate with E&T. Add the household member to the EDG after the person signs Form H1808. 

If the minimum penalty period has expired, end the non-PWE’s disqualification effective the first day of the month after the disqualified person signs Form H1808 agreeing to comply.
 

Notes:

  • The disqualified person may comply in the last month of the penalty period and be added the first day of the next month.
  • A denied household may file a new application and be certified in the last month of the penalty period but the household cannot receive SNAP for any month the household was previously disqualified.
  • If a denied household reapplies after the penalty period has ended, certify from the file date and not the date the person signed Form H1808.
  • A denied household that meets expedited criteria and includes more than one disqualified person who has served the minimum disqualification period at the time of the application may choose to:
    • delay the certification until all disqualified individuals have signed Form H1808; or
    • receive expedited benefits for the PWE and any person who has signed Form H1808 at the time of the interview. Any additional disqualified persons will be added to the SNAP household using change-processing procedures. Add additional persons the month after they provide the signed Form H1808.

Related Policy 

Re-establishing Eligibility During the Penalty Period, A-1846
Pay for Performance, A-2150