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Work Requirement Disqualifications
Overview
When a CalFresh work registrant fails to comply with the work registration requirements without good cause, a disqualification must be applied.
Good Cause [63-407.5]
When a CalFresh work registrant fails to comply with the CFETwork registration requirements, VS is responsible for determining good cause. Good cause includes circumstances beyond the household member's control such as, but not limited to:
- Illness.
- Illness of another household member requiring the presence of the member.
- A household emergency.
- Unavailability of transportation.
- Problems caused by inability to speak, read, or write English.
- Lack of adequate child care for children age six through eleven.
When evaluating good cause for failure to comply, VS considers the facts and circumstances presented by the household member, and/or reported by the employer.
Disqualification Period - Recipients
VS will notify the EW when a CalFresh work registrant fails to comply with a work requirement without good cause. Within ten (10) days after this notification, the EW must send a NOA informing the registrant of the disqualification.
Begin the disqualification period effective the first of the month after a 10-day NOA can be sent. Refer to NOA Deadlines [63-407.5].
Use the following chart to determine the appropriate disqualification period for failure to comply with a work requirement.
| IF THIS IS THE . . . | THEN DISQUALIFY THE INDIVIDUAL FOR... |
| First work registration and/or voluntary quit disqualification after February 1, 1997, |
ONE calendar month.** |
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Second work registration and/or voluntary quit disqualification after February 1, 1997, |
THREE calendar months.** |
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Third or subsequent work registration and/or voluntary quit disqualification after February 1, 1997, |
SIX calendar months.** |
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**EXCEPTION: The disqualification period ends when an individual under disqualification qualifies for a work registration exemption. |
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On June 15th, the EW receives a VS notification that a CalFresh work registrant has failed without good cause to comply with work requirements. This is the first non-cooperation disqualification. That same day, the EW sends a “Notice of Disqualification” (DFA 377.10) to advise the household that a disqualification period will be imposed effective July 1st through July 31st.
On September 24th, the EW receives a VS notification that a CalFresh work registrant has failed to comply with work requirements for a second time and sends a DFA 377.10 to advise the household that a three-month disqualification will be imposed. The disqualification will be imposed from November 1st through January 31st.
Disqualification Period - Applicants
If an individual’s CFET noncompliance is without good cause and is discovered prior to approval of his/her application, the individual is ineligible for benefits and their portion of the application must be denied. A minimum of one, three, or six month CalFresh disqualification is not imposed. The individual remains ineligible as long as he/she fails to meet eligibility requirements, including participating in the CFET program.
Note: If the noncompliance is discovered after the application is approved, then a one, three or six month disqualification is prospectively applied.
Ending a Work Requirement Disqualification
The following rules apply to ending a Work Requirement Disqualification:
- Following the completion of the minimum disqualification period, an individual who is otherwise eligible, may apply for CalFresh and be approved if it is determined that the individual is in compliance with the CalFresh work registration requirements.
- For the purpose of this provision, in compliance means the individual is fulfilling one of the CalFresh work registration requirements, or he/she agrees to fulfill the requirements listed in Registrant Requirements.
- If an individual qualifies for any of the exemptions listed in Work Registration Exemptions during the disqualification period, the disqualification period shall end and the individual may reestablish eligibility by reapplying for CalFresh benefits, if otherwise eligible.
- An individual subject to the ABAWD work requirement who is also disqualified for failing to comply, may not regain eligibility until the ABAWD rules are also met. (Not applicable while the County is currently granted an ABAWD waiver.)
Failure to Comply with CalWORKs Employment Services (CWES) or with UIB/EDD
If the EW is informed that a work registrant has refused or failed without good cause to comply with a CWES work requirement (including a Community Service assignment) or with the UIB work requirement (if that person was required to register for work with EDD as part of the UIB application process) and is being sanctioned, the EW must:
- Determine if the client is exempt from the CalFresh work registration requirements.
- If the individual is NOT exempt from the CalFresh work registration requirements, DISQUALIFY the individual for CalFresh.
- Refer to Disqualification Period - Recipients.
- If the individual is exempt from the CalFresh work registration requirements, do NOT disqualify the individual for CalFresh.
- Refer to Failure to Comply - Examples.
Note: When the individual’s exemption from the CalFresh work registration requirements ends, if the CWES sanction has not been cured, the individual remains eligible for CalFresh. An instance of noncompliance with CalFresh work requirements is not counted due to the individual’s exemption status, and a CalFresh disqualification cannot subsequently be imposed when the exemption stops.
Failure to Comply with a Substitute Program’s Work Requirements
If the EW is informed that a work registrant has refused or failed without good cause to comply with a substitute program’s work requirement and is being sanctioned by that program, the EW must determine if the client is exempt from the CalFresh work registration requirement. If the client is NOT exempt, then the client must be registered for CalFresh work registration.
EW receives notice from VS on April 3rd that the client has been sanctioned in GA due to his/her failure to participate in Job Club. The individual is not exempt from the CalFresh work registration requirement. The client must be registered for CalFresh work registration on May 1st.
County Penalties
It is imperative that the disqualification takes place within the specified time frames. Failure to meet these will result in State and Federal sanctions for the County.
NOA Requirements [63-407.5, 63-504.21]
Content
The “Notice of Disqualification” (DFA 377.10) must include the following information, in addition to the standard NOA requirements:
- The name of the person who failed to comply with work requirements.
- A description of the act of noncompliance.
- A statement that the individual will be discontinued.
- The disqualification time period.
- The amount by which benefits will decrease.
- A statement that the individual/household may reapply, at any time, if the disqualified individual(s) meets one of the CalFresh work registration exemptions.
- A statement that the individual/household may reapply at the end of the disqualification period.
NOA Deadlines [63-407.5]
When VS determines that a client has failed without good cause to comply with a work requirement, the EW must issue a ten-day disqualification NOA (DFA 377.10) within ten (10) days of the date VS notifies the EW. The disqualification period is effective the first of the month after notification from VS is received when time allows for a ten day notice. When there isn't time for a ten day notice, begin the disqualification period the first of the following month.
On August 8th, VS notifies the EW that a CalFresh work registrant has failed without good cause to cooperate for the second time. The EW has until August 18th to send a DFA 377.10 disqualification NOA. The EW sends the disqualification NOA on August 18th, stating that the individual will be disqualified from September 1st through November 30th.
On March 25th, an EW is notified by VS that a CalFresh work registrant refused job search without good cause. The EW must send a DFA 377.10 disqualification NOA by April 4th. Since this is the first work registration disqualification, the disqualification period for the individual will be from May 1st through May 31st.
Administrative Delay
When a work requirement disqualification has been delayed due to administrative error, a disqualification NOA shall be issued within ten calendar days of discovering the error or of determining that the noncompliance was without good cause. The disqualification period shall begin on the first of the month, allowing for 10-day notice.
Stopping the Disqualification [63-407.6]
Failure to comply work registration disqualifications must continue for the minimum number of months as required by regulations AFTER the effective date of the disqualification, unless the person becomes exempt.
- PRIOR to the effective date of the disqualification if an individual becomes exempt from the work registration requirement, that individual shall not be disqualified and the proposed disqualification must be withdrawn. This proposed disqualification is NOT counted as an instance of non-compliance for purposes of determining the length of future disqualification periods.
- AFTER the effective date of the disqualification, if at any time, an individual becomes exempt from the work registration requirement, the disqualification shall end and the individual may reapply for CalFresh. This disqualification is counted as an instance of non-compliance in determining the length of future disqualification periods.
State Hearing Request
The disqualification period shall begin with the first month following the discontinuance action, unless a state hearing is requested. If the household is timely in requesting a state hearing, the EW shall reinstate benefits pending the state hearing:
- As soon as the notice of filing is received from the Appeals Unit, and
- ONLY if the certification period has not expired.
Appeals staff will arrange for a representative from VSD, Employment Services, or CIU to attend the hearing, if appropriate.
Related Topics
Work Registration Requirements