7 AAC 45.980 - Reduction in cash assistance due to noncompliance; general
(a) The reductions
in cash assistance due to noncompliance with program requirements, as set out
in AS
47.27.085(a), apply to the
failure to
(1) comply with an FSSP, as
required by
AS
47.27.030;
(2) participate in work activities, as
required by
AS
47.27.035;
(b) In addition to the reduction in cash
assistance for the reasons listed in (a) of this section,
(1) a reduction in cash assistance will be
imposed for the failure of a minor parent to maintain required school or other
appropriate training program attendance, as required by
AS
47.27.027; and
(2) a penalty disqualification for cash
assistance and self-sufficiency services will be imposed for an intentional
ATAP violation, as described in
AS
47.27.015(e) and as
determined under
7
AAC 45.580.
(c) A reduction in ATAP cash assistance for
the failures listed in (a) of this section is for the amount specified in
AS
47.27.085(a)(1), (2), and
(3). The reduction in cash assistance for a
failure described in (b) of this section is the difference between the
adult-included qualifying standard for a two-person assistance unit that
includes one caretaker relative, as set out in
7
AAC 45.520(a) (1), and the child-only
qualifying standard for a one-person assistance unit, as set out in
7
AAC 45.520(a) (3).
(d) In applying
AS
47.27.085(a)(1), (2), or
(3), with regard to the beginning date of a
reduction, the department will
(1) for
applicants, consider the date of application or the date that the individual
would otherwise be eligible to receive ATAP cash benefits under this chapter,
whichever is later, as the date of making the finding of noncompliance;
and
(2) for recipients, consider
the first day of the month following the month the department provides the
recipient with a notice of proposed agency action in accordance with
7
AAC 49.060 as the date of making the finding of
noncompliance.
(e) A
reduction or penalty imposed on an applicant or recipient under (b) this
section begins on the date calculated in the same manner as described in (d) of
this section.
(f) The 40-percent,
75-percent, and 100-percent reductions in the ATAP cash assistance, set by
AS
47.27.085(a)(1), (2), and
(3) and applicable to the failures listed in
those provisions and in (a) of this section, will be imposed for the periods
specified in those statutes.
(g)
The department will not reduce a family's cash assistance under
AS
47.27.085(a)(2) or (3)
unless it has
(1) attempted to visit the
family's home after imposing a reduction under
AS
47.27.085(a)(1);
(2) made a written finding that, considering
the results of any home visit and the availability of other services in the
community that are appropriate to the family's needs, the health, safety, and
well-being of the children in the family will not be significantly jeopardized
by a reduction under
AS
47.27.085(a)(2) or (3);
and
(3) entered in the family's
case record documentation of the attempt to visit the home, under (1) of this
subsection, and the written finding, under (2) of this subsection.
(h) For the purpose of reducing
the cash assistance of a noncomplying minor parent under
AS
47.27.027(b), "disregarding"
the needs of a person under that section means that the department will impose
the reduction described in (c) of this section for minor parents.
(i) In working with a family whose assistance
is reduced under
AS
47.27.085 and this section, the department
will consider whether correction of the noncompliance requires only a single
action, participation in an activity for a period of time, or participation in
an alternative activity. An applicant or recipient must demonstrate compliance
by
(1) establishing that the requisite single
action has been performed; or
(2)
performing the requisite activity or alternative activity for a time determined
appropriate by the department, but not to exceed five days in the case of a
first failure to comply, 10 days in the case of a second failure to comply, and
30 days in the case of a third or subsequent failure to comply.
(j) In determining, under
AS
47.27.085(b) and (g)(2) of
this section, whether the health, safety, or well-being of a child in a family
will be significantly jeopardized by reducing cash assistance, the department
will consider whether
(1) the family has
sufficient income or resources to provide for housing, food, transportation, or
other essential needs;
(2) the
family has access to alternative means of support from any source that may be
lawfully used to meet those essential needs;
(3) a child of the family will be unable to
stay in the home; and
(4) the
family is working with the department or another social service agency for the
safe return of a child temporarily removed from the home, or to prevent removal
of a child from the home, and that effort would be disrupted if cash assistance
is reduced, resulting in the child being at risk of placement in emergency
shelter or foster care.
Notes
As of Register 171 (October 2004), and acting under AS 44.62.125(b)(6) and sec. 12, ch. 107, SLA 2004, the regulations attorney made technical changes to reflect the name change of the child support enforcement agency to the child support services agency made by sec. 1, ch. 107, SLA 2004.
Authority:AS 47.05.010
AS 47.27.005
AS 47.27.027
AS 47.27.030
AS 47.27.035
AS 47.27.040
AS 47.27.085
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