CWES Sanctions

[EAS 42-721]

Refer to the following CalWORKs Employment Services (CWES) Handbook topics for more information on:

Note: CWES work requirements do not apply when the client is not included in the Assistance Unit (AU).

Removal from the AU

During a sanction, aid must be discontinued for the non-complying adult in the AU.

If the individual who failed or refused to participate is...	Then discontinue...
A caretaker relative,	The individual. Aid continues for the remainder of the AU.
A mandatory participant in a CalWORKs two-parent case,	The mandatory participant. The aided spouse or other parent, must go through their own CalWORKs Employment Services (CWES) non-compliance process before they are sanctioned, if they are not exempt.

Reminder: The Social Services Benefits Specialist (SSBS) must explore continuing eligibility for Medi-Cal and CalFresh for the sanctioned client.

Any month in which a client is sanctioned and removed from the AU does not count towards their 60-month CalWORKs Time on Aid (TOA) lifetime limit.

However, if the sanctioned individual is a mandatory AU member, any income and/or resources of that person are counted in determining eligibility and/or grant amount.

Good Cause

When the Associate Employment Counselor (AEC)/Employment Counselor (EC) determines a client has good cause, a financial sanction is not requested for failure or refusal to comply with program requirements. Refer to Good Cause and Notification to CWES for a list of good cause.

Notices of Action (NOAs)

The following NOAs are sent to the client by the AEC/EC to initiate the CWES noncompliance process and to inform them of the effective date of their cash grant decrease:

Sanction of Mandatory Participant Notice (NA 840)
Removal of the Second Parent’s Needs/Compliance Plan (NA 845).

The SSBS is NOT required to send any additional 10-day NOA to lower the AU’s cash grant. The NA 840/NA 845 sent by the AEC/EC is considered a timely and adequate NOA.

Effective Dates

The effective grant decrease date entered on the NA 840/NA 845 and sent by the AEC/EC is auto-calculated by CalSAWS and takes into account the CWES 20-day Non-Compliance period and the 10-day NOA requirement for cash grant decreases. The discontinuance date generated by CalSAWS should NOT be overridden.

Overpayments

For current CWES participants, if a NOA was previously sent informing the client of the sanction, but the client was never discontinued from the case or erroneously added back to the case, an Administrative Overpayment will occur. The overpayment period will be from the date the client should have been discontinued until the date the client began participating in CWES.

ExampleExample A client was sent the NA 840 informing him that he would be discontinued from cash aid effective 7/31 for failure to cooperate with CWES. The client was discontinued from cash aid, but erroneously restored on 8/1. The client begins participating in CWES on 12/15. The overpayment period would be from 8/1 through 12/31.

Reminder: If a client is charged with an overpayment because they should have been sanctioned, the months the client was overpaid MUST be removed from their 60-month CalWORKs TOA clock.

Aid Paid Pending

[EAS 42-721.441]

If a client appeals their sanction by filing a State Hearing, the sanction must NOT be imposed until a hearing decision sustaining the county’s decision is issued. While the hearing decision is pending, the county must continue to pay cash aid as long as the individual is otherwise eligible.

If...	Then...
The client appeals the sanction through the State Hearing process within the period of timely notification,	The sanction is pending notification by the Appeals Unit of the hearing decision.
The action by the Associate Employment Counselor (AEC)/Employment Counselor (EC) and the Social Services Benefits Specialist (SSBS) is supported by the hearing decision,	Cash aid is discontinued at the end of the payment month in which the State Hearing decision is received. A new Notice of Action (NOA) regarding the sanction is not required. Cash aid that was paid is NOT an overpayment.
The action by the AEC/EC and the SSBS is NOT supported by the hearing decision,	The cash grant is not decreased, *and* There is no instance of sanction recorded.

Out-of-County Sanctions

When our county receives an Inter-County Transfer (ICT) from another county within California, the case will be identified to see if all persons applying for CalWORKs are currently receiving CalWORKs in the sending county. If a client is in a CWES sanction applied from another California county, the client must first cooperate with CWES in our county before being added to the AU.

Out-of-State Sanctions

Financial sanctions from other states are not considered in the sanction cycle in our county, unless the sanction involved an Intentional Program Violation (IPV). The client must provide information regarding the sanction. If the information is unavailable, a Sworn Statement (GEN 853) may be used to substantiate the client’s sanction information. Refer to Intentional Program Violations (IPV) for more information.