Tenn. Comp. R. & Regs. 1240-01-03-.34 - ASSIGNMENT OF SUPPORT RIGHTS - AFDC ONLY

As a condition of his/her eligibility, the AFDC applicant/recipient must assign to the state any rights to support on behalf of all members of the AFDC aid group. Tennessee law specifies that receipt of AFDC in fact constitutes an automatic assignment of ongoing and accrued support rights. The assignment requirement cannot be waived, thus the IV-D sanctions must be applied to the case if a client refuses to assign support rights. A client may choose not to request assistance for a child for whom he/she does not wish to assign support rights. Sanctions are not applicable as long as the client assigns support rights on behalf of all children included in the aid group and cooperates as previously specified.

(1) Notice to the A/R of the Assignment Requirement. A written and verbal explanation of this eligibility requirement and the sanctions for refusal must be given to each AFDC applicant to whom the requirement applies. The client's signature on Form HS-0755 serves as acknowledgment that he/she understands that support rights on behalf of all members of the aid group are automatically assigned to the state if assistance is granted.

(2) Refusal to Assign Support Rights.

(a) If an applicant/recipient refuses to assign support rights, his/her signature on Refusal of Assignment of Support Payments is required and sanctions will be applied.

(b) Refusals to assign are reported to the IV-D agency.

(c) Reserved for future use.

(d) Although the IV-D agency cannot take IV-D support action on a case involving refusal to assign, the state may still attempt to collect child support as reimbursement for the AFDC grant under existing state laws.

Notes

Tenn. Comp. R. & Regs. 1240-01-03-.34

Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed August 23, 1983; effective September 22, 1983.

Authority: T.C.A.. §§ 14-8-106 and 14-8-124; 45 C.F.R. 224.50 and 232.11.