Tenn. Comp. R. & Regs. 1240-01-15-.08 - FAILURE/REFUSAL TO COOPERATE IN ELIGIBILITY PROCESS - FOOD STAMPS/ AFDC
(1) In order to determine eligibility, the
information on the application must be complete and signed, the HH/AG must be
interviewed, and information on the application and about family circumstances
must be verified as required. The HH/AG will be informed that this agency
cannot guarantee to complete the application within 30 days for Food Stamps and
45 days for AFDC unless he/she cooperates by supplying requested information
promptly. The worker and client (guardian, agent, etc.) will come to an
agreement as to what necessary information the client will supply and what
information the worker will obtain.
(a)
Refusal to Cooperate - FS/AFDC. If an HH/AG refuses to cooperate with the
agency in the process of determining eligibility, either initial or continuing
eligibility, the application will be denied or assistance discontinued at the
time or refusal (whether or not 30/45 days have expired). It is important to
differentiate between refusal and failure to cooperate. For a determination of
refusal to be made, the HH/AG must be able to cooperate but clearly demonstrate
that if he/she will not take actions that it can take and which are required to
complete the application process. If there is any question as to whether HH/AG
has merely failed to cooperate, as opposed to refused to cooperate, the request
for assistance will not be denied or terminated, but the client will be given
reasonable opportunity to cooperate. Once denied or terminated for refusal to
cooperate, the HH/AG may reapply, but will not be determined eligible until
full cooperation is given. This policy applies to applications and any
subsequent review of eligibility, including regular redeterminations,
recertifications, reviews generated by reported changes, and reviews by quality
control staff.
(b) Refusal to
Cooperate With Quality Control Reviewer - Food Stamps Only. If a household,
which has been denied/terminated for refusal to cooperate with a state or
federal quality control reviewer, reapplies within 95 days from the end of the
annual review period for a state review, or seven months from the end of the
annual review period for a federal review, the household must cooperate with
the quality control reviewer and complete the review before it may be
determined eligible. If such household reapplies after such 95 days or seven
month period referenced above, it may be determined eligible without
cooperating with the quality control reviewer, but must provide verification of
all eligibility factors.
(2) Failure To Cooperate - AFDC Only.
(a) Active Cases. Failure by the recipient to
provide information within his/her competence or keep a scheduled appointment
for continuing eligibility purposes or to contact the Department requesting
help in securing information or rescheduling an appointment will be considered
a refusal to cooperate. A ten-day advance notice of closure will be initiated
in these instances.
(b)
Applications. Denial of AFDC application for failure to provide requested
information prior to the expiration of the 45-day time limit is possible if
loss of contact has been established and documented or if the applicant fails
to respond to a second request for information or fails to appear for a second
scheduled interview. The client's failure to respond to either is considered a
refusal to cooperate and is denied on that basis. If the client contacts the
Department and provides the information needed to determine eligibility by the
45th day after the date of application or appears for another scheduled
interview and is eligible, assistance will be provided as soon as possible
retroactive to the date of application or date of eligibility. The case will
not be considered overdue for processing since the client failed to provide
information or be interviewed within time frames established by the
Department.
Notes
Authority: T.C.A. §§ 14-8-106(2) and 14-27-104; 7 CFR 273.2; 45 CFR 206.10(c)(2)(ii) and 206.10(c)(3)(i).
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