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 ;

(3) cooperate with the child support services agency as required by AS 47.27.040 and 7 AAC 45.245.

(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.

History: Eff. 7/1/97, Register 142; am 12/7/2002, Register 164; am 1/7/2005, Register 173

Authority: AS 47.05.010

Editor's note: 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.

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