The Arkansas Personal Responsibility and Public Assistance Act of 1997 was amended by Act 1264 of 2001 requiring changes in the current TEA program policy regarding non-compliance with the work activity requirement. Revisions have been made to the policy and a summary of those changes is listed below. The changes are effective August 18, 2001.

• [TEA 3330]-3341 - No changes were made to these sections.

• [TEA 3350] - has been revised to include a policy statement defining failure to comply with the work activity requirement for minor parents.

• [TEA 3351]- Minor Parent Progressive Sanction, is a new section. This section provides the policy statement regarding the progressive sanction and the levels that apply to minor parents.

• [TEA 3500] - Purpose statement for the non-compliance process has been added.

• [TEA 3501] - No changes

• [TEA 3510] - A wording change in the policy box.

• [TEA 3511] - A note has been added to #2. #4 has a wording change. #5 has new information regarding form, DCO-1421, Notice of Work Activity Non-compliance.

• [TEA 3520] - Policy statement has been revised to incorporate changes regarding the sanction for non-compliance with the work activity. Non-compliance with the work activity requirement will result in a progressive sanction.

• [TEA 3521] has been revised to provide policy and procedures for applying the progressive sanction.

• [TEA 3522] has been revised to include home visits and case staffings that will be completed during the progressive sanction.

• [TEA 3523] has been revised to include a statement regarding lifting the sanction when an individual meets a deferral reason.

• [TEA 3524] is a new section that provides policy and procedures for reapplications for TEA assistance when the case closed while the individual was under a work activity non-compliance sanction.

The first month that will count as a progressive sanction month is October 2001. Any months a client is under a sanction prior to October 2001 does not count in the progressive sanction. The progressive sanction only applies to non-compliance with the work activity requirement.

A new Work Program Status code, 7S, has been added to identify which member is in non-compliance with the work activity requirement. The progressive sanction is applied at the case level, i.e. the TEA payment for the case is reduced. However, the sanction follows the individual. The 7S code is used to track the individual under a progressive sanction.

The following new sanction codes for Sanction field 53 on WACE have been added:

T Work Requirement Non-compliance (reduce by 25%)

F Work Requirement Non-compliance (reduce by 50%)

C Child Support Non-compliance (reduce by 25%)

I Immunization Non-compliance (reduce by 25%)

P Personal Responsibility Plan Non-compliance (reduce by 25%)

A new screen, WSAN, has been added to ACES. WSAN will track the months an individual is under the progressive sanction.

If the date the sanction indicator keyed on WACE is after regular extract, the first progressive sanction month will be the second month following the current month. For example, a sanction indicator keyed August 28 will affect the TEA payment for October. If the sanction indicator is keyed before regular extract, the first progressive sanction month will be the month following the current month.

When a sanctioned client complies, the sanction is lifted and an N will be keyed in field 53 on WACE. When the sanction is lifted or the case is closed, the count on WSAN is interrupted. If the client is later sanctioned again or the case re-opened and the client fails to come into compliance, the case manager must key the appropriate sanction indicator in the sanction field on WACE.

NOTE: The sanctions for child support, immunization and PRA non-compliance have not changed. These sanctions will not progress from the 25% reduction level.

When a client has multiple sanctions, the work activity non-compliance sanction has the highest priority on the system. Therefore, it is important that the appropriate work activity sanction code (i.e. T or F) is keyed in the sanction field on WACE and WP code 7S is keyed on the non-complying member.

Example: Mrs. Dobbs is under sanction for non-cooperation with child support and for non-compliance with her work activity. She has been under the child support sanction for several months and she is in the second month of non-compliance with the progressive work activity sanction. Her TEA payment is reduced by 25%. The sanction code on WACE should be a T.

Instructions for entering progressive sanction information to ANSWER will be provided in a separate issuance to the ANSWER counties.

Individuals currently under a sanction for non-compliance with the work activity requirement will be informed of the changes in the work activity sanction policy via the Notice of Change in Work Activity Non-Compliance Sanction. The notice is attached to this transmittal for you to make copies in the county office.

• A list of cases that are under a non-compliance sanction as of July 24 will be provided to the county. However, the list will also include cases that are sanctioned for child support, immunizations and PRA non-compliance.
• The county should review these case records and any cases sanctioned after July 24 to identify those that are sanctioned for non-compliance with the work activity requirement.
• The appropriate sanction code (T, C, I, P) must be entered in the Sanction field (53) on WACE on all sanctioned cases and 7S must be entered in the WP status field of the individual who is in non-compliance with the work activity requirement prior to September 21, 2001.
• The county will send the Notice of Change in Work Activity Non-Compliance Sanction to clients currently under a work activity sanction. The notice explains the progressive sanction and how it will affect the case.

If the client complies for two weeks, an N will be keyed in the Sanction field (53) on WACE to lift the sanction.

If the client fails to comply before October, a home visit in accordance with TEA 3520 and 3522 will be completed as soon as practicable. All progressive sanction procedures outlined in policy will apply to these clients.

In addition to 7S, the following Work Program Codes have been added. These codes will be used to identify clients who are deferred but choose to participate in a work activity.

8A Volunteer, Transportation not Available

8B Volunteer, Adult Age 60 or over

8C Volunteer, Child Care not available

8D Volunteer, Medically Incapacitated

8P Volunteer, Pregnant Woman

8R Volunteer, Adult Referred to Rehab for Disability

8N Volunteer, Needed in Home

8S Volunteer, Supportive Services not Available

8E Volunteer, Extraordinary Circumstances

8V Volunteer, Victim of Domestic Violence

8K Volunteer, Second Parent Required in Home for Disabled Child

8I Volunteer, Medically Incapacitated Second Parent

8T Volunteer, Parent in Two Parent Home Deferred to Care for Children in Home

The text of system generated notices for Action Reason 221 and Denial Reason 031 has been revised. (A copy of the text is attached)

• Action Reason 221 is used when the system reduces the TEA payment by 50% prior to extract for the fourth month of the progressive sanction.

• Denial Reason 031 is used to deny the TEA application when an individual who was previously under a progressive sanction for six months does not comply with the work activity requirement for two weeks.