RCA/ECA Sanctions

[69-209.1, 69-209.2]

Sanction Procedures

If the nonexempt RCA/ECA applicant/recipient has refused or failed, without good cause, to comply with the work registration requirements of the compliance plan, the individual is ineligible for RCA benefits until he/she has registered with CIU and participates in the employment services within 30 days of receipt of aid. The EW must deny or discontinue the RCA/ECA benefits of that individual.

The client must be ineligible for RCA/ECA benefits from the date of discontinuance for refusal or failure to comply without good cause. Aid continues to the rest of the AU if its members are otherwise eligible.

Sanction Period

[69-209.3]

A recipient is ineligible for RCA benefits for refusal or failure to comply without good cause. The sanction period is for three (3) payment months from the date of discontinuance. Aid continues to the remainder of the AU if otherwise eligible.

Case is Denied/Discontinued for Other Reasons

The following actions are required when aid is denied or discontinued for other reasons and the EW receives notice to sanction:

  • The client must be given at least ten (10) days' advance written notice of termination of assistance and the reason(s) for the termination.
  • A sanction period cannot be applied without a timely NOA stating the sanction reason and the length of the sanction.
  • If the case discontinues for another reason, without a timely sanction NOA being sent, and the family reapplies, aid must be established and then a timely notice given. A delayed sanction period must be applied.
  • If the case is discontinued for any other reason and subsequently the EW is notified of noncooperation/nonparticipation prior to 10 days before the end of the month, a timely sanction NOA must be sent. The sanction NOA will supersede the discontinuance and therefore the client must be “sanctioned” rather than “discontinued.”
  • If the notification of noncooperation/nonparticipation arrives too late for a ten (10) day notice, a sanction NOA must still be issued (even if the client has been discontinued). However, it will be effective one month later. This procedure should prevent the recipient from requesting to have his/her case discontinued to avoid being sanctioned for noncooperation/nonparticipation.
  • If the sanction period is delayed because the family files an appeal, the aid paid pending is not considered an overpayment. The sanction period would start after the hearing decision, unless the recipient wins the appeal.
  • The sanction period is established for a specific time frame whether the client would have been eligible during that time frame or not. ExampleExample

    Client receives a lump sum and is sent a notice for three (3) months of ineligibility for benefits. Shortly after the lump sum notice is mailed to the client, the EW receives a notice of noncompliance, without good cause, from CIU. If the EW has time to send a timely notice to the client about the sanction, the sanction period and lump sum period can be the same three (3) month period. If the EW does NOT send the client a sanction NOA, the sanction period will start after aid has been restored and a timely NOA can be sent.

  • Discontinuance must be effective at the end of the month in which the ten (10) days expire.
  • If the client is a caretaker relative, assistance in the form of protective or vendor payments must be provided to the remaining members of the budget unit.
  • The client may request restoration of assistance at any time after the termination of assistance because of refusal or failure to comply. The effective date of aid, however, may be no earlier than the first day of the month following the completion of the penalty period.

    • Note: There is no automatic reinstatement of aid after a sanction period. The client must request restoration and meet all eligibility requirements.

  • A Statement of Facts for Additional Persons (CW 8) may be used to add the refugee back into the Assistance Unit (AU). Refer the individual to the CIU with a RS 3.

Related Topics

Failure to Cooperate

RCA & ECA Compliance

Work Registration, Employment and Training Requirements