Penalties Under Temporary Family Assistance

Penalties Under the Temporary Family Assistance (TFA) Program

Read this pamphlet if your worker said that you are not following the rules.
What can happen? What can you do?

March 2009

The rules in TFA are hard to understand. Why do I need to know them? It is important you know about the rules because your TFA benefits may be lowered or ended if you do not follow them. Carefully read this pamphlet to find out about some of the rules, why you may be penalized, and how you may protect your rights. There are many reasons for which you can be penalized. Note: The Department of Social Services (DSS) calls these penalties "sanctions." If you have questions or believe you have been unfairly sanctioned, call Statewide Legal Services at 1-800-453-3320.

Important Points to Remember:

During the first 21 months you receive TFA: do not make more than one mistake if you hope to get an extension.
After your first 21 months: one sanction and you are off TFA forever, unless your family becomes exempt from the work requirements.
Exempt persons are protected from sanctions relating to work requirements.
You can appeal DSS’s decision!

Why can my family be sanctioned?

Your family could be sanctioned if you:

do not help the state get child support for your child(ren) without good cause.
do not cooperate with Employment Services activities without good cause.
receive cash benefits and quit a job, are fired for wilful misconduct, or intentionally reduce earnings, without good cause.
do not cooperate with quality control reviews without good cause. Quality control reviews determine if your family is receiving the correct amount of benefits. DSS must first call the head of the household and arrange a meeting.
And, if you do not follow the fingerprinting (digital imaging) rule, you will not get TFA.

What are the penalties?

There are different penalties depending upon why and when you are sanctioned.

If you do not attend your interview or appointment to set up your Employment Services plan (without good cause), your TFA benefits will stop or be denied. However, your benefits will begin again if you reschedule and go to another meeting within 30 days of the DSS notice which says your benefits have been cut off or denied.
During the first 21 months you receive TFA (and 120 days before applying for TFA), the penalties for not cooperating with Employment Services, quitting a job, being fired for wilful misconduct, or intentionally reducing earnings are:
- If there is only one person receiving TFA, you will get NO benefits for 3 months.

If there are two or more persons receiving TFA, there are three levels of penalties:

1st time: your benefits are reduced by 25% for 3 months

2nd time: your benefits are reduced by 35% for 3 months

3rd time & every time after that: your family will get NO benefits for 3 months. At the end of the three months, you will have to re-apply for TFA.

This means if you receive $560 a month in benefits, the first time you are sanctioned, you would only receive $420 a month. With the second sanction, you would only get $364 a month. And with the third, you would not get anything!

Voluntarily quitting your job without good cause will also affect your eligibility for food stamps. The first time you will lose food stamps for 3 months, the second time for 6 months, and the third time you may become completely ineligible for food stamps. If you have a child under 6, these food stamp penalties don't apply to you.

The penalty for failing to help in getting child support or with a quality control review is no one in the family will get benefits! (However, if you start cooperating, you may become eligible again.)

Are there other penalties for not cooperating?

YES! If you apply for a 6-month extension beyond the 21-month time limit, you may not be eligible for an extension if:

during your first 21 months on TFA, you received at least two Employment Services sanctions (unless you successfully complete an Individual Performance Contract).
in the last six months of the 21-month program, or you go off TFA and within 120 days of applying for an extension, without good cause you,

quit a job, or
were fired for willful misconduct, or
refused a suitable job offer, or
reduced your hours or rate of pay.

AND, if you are already in a 6-month extension, your extension will be stopped and you may not be eligible for any more extensions.

Who is exempt? What do I do if I think I am exempt?

Some families do not have a limit on how long they can receive welfare benefits. These families are considered "exempt" from the 21-month time limit. And, exempt adults in these families do not have to take part in Employment Services programs. This means they will not be sanctioned if they lose a job or do not follow the Employment Services programs.

You may be exempt if there are circumstances in your life that keep you from working. For example, you cannot work because you are ill or disabled for at least 30 days, or because you have to care for a disabled child.

If you were sanctioned–even if you were barred from receiving TFA for life–and you now are (or later become) unable to work, you may again be able to get TFA cash benefits if you are found to be exempt!

To find out whether you should be considered exempt,

Tell your worker why you think you cannot work and apply for an exemption. You can apply for an exemption when you first apply for TFA, at any time while you are getting TFA, or when you apply for an extension. If you think you may be exempt--even if only for a short time--you should apply right away. Your health care provider may need to fill out paperwork to prove why you should be exempt.

For more on who is exempt, see our pamphlet, TFA Time Limits and Other Programs and call Statewide Legal Services.

Note: If you are applying for an exemption because of a physical or mental condition that will last for a long period of time or permanently, you should also apply for Social Security benefits. Apply NOW at the Social Security Administration office for SSI (and SSD if you have worked. (See the legal aid pamphlet Are You Unable to Work?).

Know what the State requires you to do.

It is very important that you understand what you are being asked to do. Both DSS and the Department of Labor (DOL) require that you attend certain appointments. These appointments can include child support meetings, resume writing, job search class, etc.

If you can’t make it to these appointments or activities and you have a good reason, you must let the agency with which you are meeting know you can’t make it. If you don’t let them know, they may sanction you! Write down the name of the person you talk to. If you write a letter, date it and keep a copy for your records. Also, you should not quit a job without first understanding DSS’s rules about good cause and the rules of the unemployment compensation (UC) program run by the Department of Labor.

What is good cause?

"Good cause" is a good reason why you may not be able to do what your worker has asked you to do. It is usually due to things beyond your control, such as:

A physical or mental illness, including illness during pregnancy, or illness of a family member for whom you must provide care;
You cannot find safe, adequate child care or DSS cannot guarantee payment for child care.
A family emergency.
You have no transportation.
You are a victim of domestic violence.
You are homeless.
You are taking part in substance abuse treatment or counseling.
If a job:
o     makes unreasonable work demands;
o     is "unsuitable";
o     results in a loss of income; or
o     has unfair terms or conditions such as discrimination based on age, race, color, sex, national origin, sexual orientation, or disability.

How will I know if I am going to be sanctioned?

DSS must send you a notice explaining the reasons for the proposed sanction and when it will begin. Generally, DSS must send this written notice at least 10 days before your benefits are scheduled to be discontinued, terminated, suspended or reduced. If you are going to be sanctioned for not cooperating with Employment Services, DSS will usually give you a chance to have a conciliation meeting and must allow you to ask for a Fair Hearing before the sanction can start. (See below).

TIP: It’s a good idea to call Statewide Legal Services (1-800-453-3320) if you think DSS may (or already has) penalized you. SLS may be able to get a legal aid lawyer to represent you at a hearing.

What is conciliation?

Conciliation is when you talk with your DSS worker to see if you can fix the Employment Services problem before you are penalized. Both you and your worker have a right to ask for conciliation. If you give your permission, you can have this meeting over the telephone. Other points about conciliation:

At the conciliation, DSS will offer you a list of questions to see whether health or learning problems make it hard for you to follow the program rules. You do not have to answer the questions. But, if the answers show you have an issue that makes it hard to follow the rules, DSS could help you with your problem and not penalize you.
Your benefits will not be reduced or stopped while you go through conciliation. However the information you give during conciliation can be used to penalize you after the conciliation.
You may ask another person to go with you to the meeting.
If conciliation does not fix the problem, you can ask for a Fair Hearing. You will be sanctioned unless the Hearing Officer agrees with you.
You cannot have a conciliation meeting if the sanction is for quitting a job without good cause, being fired for wilful misconduct or reducing your work hours on your own.

What if there is still a problem or I don't agree with DSS?

You can ask for a Fair Hearing if conciliation does not resolve the problem or if you don’t agree with something DSS has done or is going to do. At a Fair Hearing, an independent hearing officer listens to both sides and decides who is right. To protect your rights and benefits, ask for a fair hearing right away.

How do I ask for a Fair Hearing?

You must either use the simple appeal form attached to the notices DSS sends you or write a letter. If you write a letter, explain why you want a hearing, such as:
Dear Sir or Madam: I am writing to ask for a Fair Hearing. The reason I want a Fair Hearing is ____ (your reason). For example, "my worker thinks I did not have good cause to leave my job, and I disagree." Include the date, your DSS client number, your address and sign your name. Make a copy for yourself.
You must mail or fax your request to:
DSS, Office of Administrative Hearings,
25 Sigourney St., 12th Floor,
Hartford, CT 06106.
Tel: 1-800-462-0134 or 860-424-5760. Fax: 860-424-5729.

How quickly do I need to ask for a Fair Hearing?

In most situations, if you ask for a hearing within 10 days of the date on the DSS notice, your benefits will not be lowered or stopped until the hearing officer makes a decision. However, if you are at the end of the 21-month period of benefits or at the end of a 6-month extension, your benefits will not continue while you are waiting for a hearing. If the hearing officer agrees with you, you will receive your benefits and you will be paid any back benefits you should have received if your benefits were lowered or stopped. If the hearing officer does not agree with you, DSS can get back any payments that you should not have received by lowering your monthly benefits in the future.
You must send your request for a Fair Hearing to DSS within 60 days of the date of the notice DSS sent you about your benefits.

YOUR RIGHTS: You have the right to....

claim "good cause" for something you did
a conciliation in some situations
complete an Individual Performance Contract (IPC) if you are at the risk of not being eligible for an extension during the first 20 months you receive TFA, and
have a fair hearing if DSS decides to deny or cut your benefits.

For more information: Statewide Legal Services: (860) 344-0380 (Central CT & Middletown) 1-800-453-3320 (All other regions)

This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this pamphlet is based on laws in CT as of March 2009. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.