11.5.2  Good Cause for Incarcerated Participants

Although incarcerated W-2 participants may remain eligible to receive W-2 payments, incarceration will generally not be considered good cause for not participating in required work activities.  Hours of work activities missed because of incarceration will result in payment reductions in the same manner as any other hours missed without good cause, unless the W-2 agency finds extenuating circumstances relating to the incarceration or determines that the incarceration resulted from a situation beyond the participant’s control.  The FEP must determine this on a case-by-case basis and document the reason in PIN comments.

EXAMPLE 1:  Amy was arrested for unpaid fines from her Operating While Intoxicated (OWI) conviction.  Amy stated she was unable to pay the fines.  As a result, Amy served 20 days in jail.  Amy’s payment was reduced based on the days she was unable to participate.

 

EXAMPLE 2:  Ken was arrested on suspicion of drug possession.  After the preliminary hearing, the charges were dropped and he was released.  Ken served 14 days while waiting for his hearing.  Ken submitted a statement from the court to the FEP.  The FEP gave him good cause for the hours because the charges were dropped.

 

 

History: Release 20-03; Release 20-01.