18 Miss. Code. R. 14-12.13 - Voluntary Quit and Reduction of Work Effort
A. An
individual is ineligible to participate in SNAP if the individual within 60
days prior to the date of application either:
1. Voluntarily and without good cause quits a
job of 30 hours a week or more; or
2. Reduces his or her work effort voluntarily
and without good cause and, after the reduction, is working less than 30 hours
per week.
B. MDHS must
determine whether a voluntary quit or reduction in hours occurred without good
cause when a household files an application or when a household reports a loss
of a source of income or a reduction in household earnings.
C. Changes in employment status that result
from involuntarily reducing hours of employment while working for the same
employer, terminating a self-employment enterprise, or resigning from a job at
the demand of an employer will not be considered a voluntary quit.
D. An employee of the Federal, State or local
government who is dismissed from that job because of engaging in a strike
against the government will be considered to have voluntarily quit his or her
job without good cause.
E. If an
individual quits a job, secures new employment at comparable wages or hours and
then is laid off or, through no fault of his or her own, loses the new job, the
earlier quit will not be considered as a basis for disqualification.
F. If the individual reduces his or her work
hours to less than 30 a week but continues to earn weekly wages that exceed the
Federal minimum wage multiplied by 30 hours, then that individual will remain
exempt from SNAP work requirements.
G. If the voluntarily quit or reduction in
work effort is without good cause, the individual will be
disqualified.
H. MDHS must provide
the disqualified individual with a notice of adverse action within 10 days of
the voluntary quit or reduction in work effort determination. See
Rule
12.6 Ineligibility for Failure to
Comply and Rule 11.2 MDHS
Responsibilities.
I.
The notice of adverse action must contain the particular act of noncompliance
committed, the proposed period of ineligibility, and the actions that must be
taken to avoid the disqualification. It must also specify that the disqualified
individual, if otherwise eligible, may resume participation at the end of the
disqualification period if MDHS determines the individual to be in compliance
with SNAP work requirements.
J. If
the disqualified individual is the head of household, MDHS will also disqualify
the entire household and provide the household with a notice of
denial.
K. Each individual has a
right to a fair hearing to appeal a denial or termination of benefits due to a
determination that the individual voluntarily quit his or her job or reduced
his or her work effort without good cause. MDHS provides SNAP applicants and/or
recipients an opportunity to appeal adverse administrative decisions and
provide supporting documentation challenging the adverse or noncompliant
action. Please refer to Title 18 of the Administrative Code, Part 23,
Programmatic Administrative Agency Appeal Hearing Policy, Chapter
3.
Notes
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