R 400.3609 Member removal and case closure; effect on employment related activities penalty.

Rule 9. (1) If a noncomplying person leaves the home while a penalty is imposed, then the remaining group members are not subject to the penalty. (2) If the group becomes ineligible for family independence assistance while a penalty is imposed, then the penalty is reinstated if the group reapplies and the noncomplying person still refuses to participate. A penalty will not be reinstated if the family can demonstrate that the noncomplying individual was employed and meeting the federal participation standard while the case was closed. The penalty is reinstated as follows: (a) If the first 2 months of eligibility or 4 consecutive months, whichever is applicable, have not expired since the initial implementation of the penalty, then the penalty is reinstated using the original begin date. (b) If the first 2 months of eligibility or 4 consecutive months, whichever is applicable, have expired since the initial implementation of the penalty, then the group is ineligible for family independence assistance. A penalty will not be reinstated if the family can demonstrate that the noncomplying individual was employed and meeting the federal participation standard while the case was closed.