1. Year 2, Staff Training #5:
Pennsylvania Welfare Sanction Policy
By Laura Handel, Esq.
Staff Attorney
The Health, Education and Legal Assistance Project:
A Medical-Legal Partnership between
Widener University School of Law and Crozer-Keystone
Healthy Start
(HELP: MLP-CKHS)
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2. What are sanctions?
 The
denial of benefits for which a person or
family are eligible because of an alleged
transgression.
 Sanctions can be for employment, child
support, personal responsibility or fraud
related reasons.
 This training will focus on employmentrelated and support-related sanctions.
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3. What are sanctions?


If TANF recipients do not follow certain DPW rules
and do not have “good cause” or an exemption, they
will be “sanctioned.”
The CAO will “sanction” a noncompliant benefit
recipient by reducing her monthly cash grant.
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Can reduce just her share or her whole family’s share.
Reductions can be temporary or permanent.
Repeated violations can lead to terminations of benefits that
are permanent for either just the noncompliant head of
household or her children as well.

4. Why is this subject important now?
 Sanctions
are used as a strategy to reduce
caseload – related to DPW philosophy and
budget
 New sanctions up 130% from January to
August 2011
 Sanctions that were in effect already now up
72%
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5. Another view
Grow th in Sanctions and new sanctions
1600
1400
1200
1000
New Sanctions (statewide)
800
Sanctions in effect (statewide)
600
400
200
0
Jan10
Feb10
M ar10
Apr10
M ay10
Jun10
Jul10
Aug10
Sep10
Oct10
Nov10
Dec10
Jan11
Feb11
M ar11
Apr11
M ay11
Jun11
Jul-11 Aug11
Sep11
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6. What are sanctions?

Recipients can be sanctioned for:
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Failing to cooperate with support enforcement
Failing to sign her Agreement of Mutual Responsibility
(AMR)
Failing to cooperate with the work or “wrok-related activity”
requirement on an AMR
Voluntarily quitting a job
Voluntarily reducing earnings
Failing to apply for work
Failing to accept a bona fide offer for a job that the recipient
could do

7. What are sanctions?

IMPORTANT ISSUES TO BE AWARE OF:
1.
Sometimes a recipient does not even realize that she has
been, or is being, sanctioned.
(a) The biggest clue that a recipient has been sanctioned is if her welfare
grant is less than the maximum for her family size (unless she has
earnings or other income that would explain why the grant is
reduced)
1.
Sometimes benefit recipients do realize that they are
being sanctioned, but choose to accept the penalty
without an appeal.
(a) This is harmful. If you spot or hear about such a situation,
contact the HELP: MLP attorneys for advice about or help
with an appeal.

8. Why do some recipients accept
sanctions without appeal?



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Confusion – difference between termination and
sanction.
Resignation – “what can I do? I can’t win.”
Guilt – “I did it so I should take my punishment.”
Belief (justified or not) that no attorneys or
advocates available to help - “Legal Services
probably won’t handle it.”
“It’s only 30 days.”

9. Key concepts

Willful noncompliance
–
DPW may only sanction a recipient for violating rules if “the noncompliance
was willful and without good cause.” (CAH §135.712)


Good Cause
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
Corollary: recipient cannot be sanctioned if she had a good cause reason for why
she did not follow a rule.
Asking to be excused from TANF, GA or CCIS program requirements for
reasons beyond the recipient’s control or because the requirements would
endanger her or unfairly penalize her for hardship circumstances is called
“requesting a waiver ” or “claiming good cause.” If good cause is established,
no sanction should be imposed, and existing or past sanctions should be lifted
or rescinded.
An “exemption” or “good cause” can be established AFTER a sanction is
threatened or imposed, as well as before.
Reasonable accommodation
–
The CAO is required to make a good faith effort to assist the client in
overcoming whatever problems she had complying with work requirements
(CAH §135.5) or for accommodating other hardship circumstances that may
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arise due to disability, domestic violence or substance abuse.

10. How does the sanction process work?
 AMR
 Alleged
violation
 Advanced notice (sanction threat)
 Compliance review
–
Determining good cause
 Fresh
start vs. sanction
 Ending the sanction or sending notice of
sanction
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11. How will a recipient know if she’s
being sanctioned?
 For
either a child support or a work-related
sanction, DPW is required to send advance
notice to the recipient, telling her she’s about
to be sanctioned.
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Recipient should APPEAL THIS NOTICE
IMMEDIATELY, and ask for “aid paid pending.”

12. How will a recipient know if she’s
being sanctioned?

For a work-related sanction, DPW is must offer to conduct a
“compliance review” before actually imposing the sanction.
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

If DPW imposes a sanction without first offering a compliance review
sanction, the sanction is illegal – appeal IMMEDIATELY!
If no notice of sanction is received, sanction has probably been
imposed if the Cash Assistance grant is less than it should be for the
family size/income level.
At the compliance review, the recipient can explain why she did or
did not do something required of her.
The CAO is required to make a good faith effort to assist the client
in overcoming whatever problems she had complying with work
requirements (CAH §135.5). As examples, DPW should:
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Reschedule appointments to better fit recipient’s schedule
Provide help with transportation
Provide help with childcare
Explore revising her AMR

13. The importance of fighting sanctions
 Individuals
and families are often sanctioned
incorrectly, as a result of miscommunication,
mental illness, domestic violence, disability,
or other justifiable barriers to compliance.
 Sanctions have harsh impacts in both the
short and the long term.
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Support-related sanctions
Work-related sanctions

14. The importance of fighting sanctions

Support-related sanctions:
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A TANF applicant/recipient is required to seek child support
and establish paternity unless she has good cause for not
doing so.
If she does not cooperate with either requirement, the
family’s grant will be reduced by at least 25%.
This benefit reduction will continue indefinitely, until the
parent cooperates or establishes “good cause.”
The noncompliant parent stays on the TANF grant (even
though her share of the cash is what’s technically being
taken away), remains subject to the work requirements, and
the benefits still count toward the five year time limit.

15. The importance of fighting sanctions
 Work-related
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sanctions
IMPORTANT: with work-related sanctions, it’s a
“three strikes and you’re out”-sanction scheme.
Note: these sanctions will affect Cash Assistance
benefits, specifically; they should not affect SNAP
or Medical Assistance benefits.

16. The importance of fighting sanctions
 Work-related
–
sanctions
The “three strikes” system works as follows:
 During
the first 24 months of TANF benefits, DPW will
only cut the part of the cash grant that is for the adult
recipient; it will not cut her children’s benefits. Therefore:
– First sanction: recipient loses her Cash Assistance
for 30 days or until she agrees to cooperate,
whichever comes later.
– Second sanction: recipient loses her Cash
Assistance for 60 days or until she agrees to
cooperate, whichever comes later.
– Third sanction: recipient loses her Cash Assistance
permanently.

17. The importance of fighting sanctions

Work-related sanctions
–
“Three strikes”-system, continued:
 AFTER the first 24 months of TANF benefits, DPW will
not only cut the part of the cash grant that is for the adult
recipient; it will cut her children’s benefits as well!
Therefore:
– First sanction: whole family loses Cash Assistance
for 30 days or until adult recipient agrees to
cooperate, whichever comes later.
– Second sanction: whole family loses Cash
Assistance for 60 days or until adult recipient agrees
to cooperate, whichever comes later.
– Third sanction: whole family loses Cash Assistance
permanently.

18. How to fight sanction threats
 Appeal
immediately, request “aid paid
pending” outcome of appeal
 Explore why non-compliant event occurred
–
Common reasons: transportation issues, no child
care, domestic violence, illness,
misunderstanding.
 Explore
possibility of “good cause” waiver

19. How to fight sanction threats

Examples of circumstances that qualify for “good cause” waiver of work
requirements (55 PA Code § 165.51):
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Recipient tried to get care for a child or adult with disabilities, but could not.
Domestic violence.
Homelessness.
Transportation problems.
Recipient or family member was ill.
Job or job training was beyond recipient’s ability, and she is willing to look for
another job or do other training.
Working conditions were substandard or unsafe, or wages paid were below
minimum wage or below the prevailing wage normally paid for that job.
Participation in drug or alcohol treatment can be “good cause” if the treatment
program prevents recipient from working at the same time.
Other personal emergency.

Special note: ANY circumstances beyond recipient’s control can probably qualify as
good cause; use common sense! If the reason was good and recipient is acting in
good faith, there’s room to advocate successfully.

20. How to fight sanction threats

Additionally:
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A recipient with limited English proficiency cannot be sanctioned
for failing to attend an activity or a meeting if she was given notice
of it in a language she does not understand (Title VI of the Civil
Rights Act of 1964).
DPW cannot sanction recipient for not doing something she only
volunteered to do; may only sanction for failing to do something
she was required to do (CAH § 135.261).

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Some items in the AMR are mandatory, some are not; recipient (or her
advocate) should always check to see what the AMR actually says!
“Benefit of the doubt” policy: DPW is supposed to give recipient the
benefit of the doubt when deciding to approve or deny her a
waiver.

DPW must consider all facts and circumstances of the alleged
violation, “especially if the transgression is relatively minor… or
isolated in nature” (55 PA Code § 165.52(b)).

21. How to fight current or past sanctions
 For
sanctions that have already been
imposed:
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It is sometimes possible to get a sanction lifted
while it is in effect, or even retroactively, if the
facts show that the recipient had good cause at
the time of the violation.
This is important for two reasons:
 To
get back the benefits that the recipient missed
 To get the “strike” removed from her record, if the
sanction was work-related, since these are subject to
the “three strike” system that will result in permanent
penalties.

22. How to prevent sanctions or sanction
threats

Recipient should:
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Communicate any problems or potential problems to
caseworker in writing.
Verify information and get copies of all documents,
especially her AMR!
When possible, try to get written documentation of problems
that interfere with ability to comply with work requirements
(ie, illness of self or dependent child).
Talk to a supervisor if caseworker is unresponsive.
Notify both CAO and welfare work program contractor if an
appointment must be missed for good cause reasons.
Notify both CAO and welfare work program contractor if she
gets or loses a job.

23. Pennsylvania Welfare Sanction Policy
 For
ongoing questions, consultations or
participant referrals:
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Contact Laura Handel or Megan Mahle,
HELP: MLP/HS Staff Attorneys
 Phone:
610-497-7355
 E-mail: Lh.helpmlp@gmail.com or mm.helpmlp@gmail.com
 Referrals can be placed in our bins in the Healthy Start office,
or
 Just come knock on our doors; we’d love to see you! 