57. What happens if you do not meet the Work Program rules?

Unless you are exempt from the “Work Program” requirements, which include having an “Pathways to Work Plan,” DTA may lower or stop your TAFDC for not meeting the requirements. See 106 C.M.R. § 707.200.

Starting an activity. If you are under the work requirement, you have the right to pick an activity. See Question 49.

If you don’t have an activity. DTA is supposed to refer you to an appropriate activity. DTA gives or sends you a form for you to take to the  program providing the activity and requires you to get it signed and turned in to DTA. DTA also sends you a Pathways to Work Plan stating the activity they are saying you must do.

If you don’t agree with the activity DTA picked. If you do not think that the activity DTA picked makes sense for you or will be possible for you to do, contact your worker or the Full Engagement Worker in your DTA office. If you explain that you want to do an appropriate activity and will work with DTA to enroll in one, DTA should allow this. Appendix E (DTA Online Guide)

If you don’t follow up on the referral from DTA. You must enroll in a Pathways to Work activity or start work before the end of your 60-day Pathway to Work Planning Period. If you haven’t gone to the place DTA referred you within 20 days or contacted your DTA office about getting a different activity, DTA will send you a “warning notice” saying DTA will lower your TAFDC.

Lowering your TAFDC. If you haven’t worked things out with DTA, then 10 days after the warning notice, DTA will send you a notice telling you that your TAFDC will be lowered because you are not meeting the work requirement. DTA should reach out to you before imposing a sanction to talk about challenges meeting the work rules. If you contact DTA and agree to do an appropriate activity, DTA should remove the sanction. Appendix E (DTA Online Guide)

Stopping TAFDC to your whole family. If your TAFDC is being lowered and you don’t work things out with DTA, then 20 days after the notice about lowering your TAFDC (and the new referral that came with it), DTA will send another “warning notice.” Twenty days after that warning notice, DTA will send a notice saying DTA will stop all TAFDC for your family because you did not comply with your Pathways to Work Plan. If you contact DTA and agree to start an appropriate activity, DTA should stop the termination of your TAFDC or reinstate it if it already stopped. Appendix E (DTA Online Guide)

If your family’s TAFDC is stopped because of not meeting the work requirement or not complying with your Pathways to Work Plan, you can get your case reopened if: 

• You enroll in an activity and agree to a new Plan, even if you change programs,
• You provide proof of employment or other work activity,
• DTA finds you should be exempt from the work program requirements – see Question 36,
• You have a “good cause” reason for not meeting the work program requirements – see Question 58,
• DTA did not find you an appropriate and available community service placement. DTA has a duty to find you an appropriate and available community service placement if you need one. See Question 55 above. DTA Operations Memo 2011-34 (July 5, 2011). If DTA didn’t do this, you have good cause for not complying and should be put back on benefits even if you are not doing an activity. See Question 58.

Contact your local legal services program, Appendix D, if any of the rights described above are violated.

Advocacy Reminders

• A court has said that it may be illegal to stop TAFDC to the whole family because one person did not meet Work Program rules. If DTA cuts off the whole family, contact your local legal services program, Appendix D, for help.
• DTA should not lower or stop your TAFDC if you have a good cause reason for not starting or for missing the activity. See Question 58.
• If you reapply and you have a good cause reason for not doing an activity, you should be treated as meeting the work program. Appendix E (DTA Online Guide)
• You should appeal if you have any disagreements, including if your attendance was not recorded correctly or if DTA does not accept your good cause claim. See Part 8.
• Contact your local legal services program, Appendix D, if DTA denies you education, training, child care, transportation benefits or earnings deductions because you did not meet your Pathways to Work Plan or Work Program requirements.
• Your SNAP (food stamp) benefits will not go up when your TAFDC is lowered for not meeting the work requirement. 106 C.M.R. § 365.130.
• Your SNAP benefits should go up if DTA stops all of your TAFDC, as long as you are complying with SNAP requirements.
• DTA should not lower or stop your TAFDC for not meeting the work requirement or complying with your EDP if you are exempt, even if you tried to work or do another activity as a volunteer. See Questions 89, 90, 91.