16 Del. Admin. Code § 9000-9029
[7 CFR 273.2(d)]
The household or its authorized representative must complete the application, have an interview, and verify certain information on the application before DSS can determine eligibility.
If the household refuses to cooperate in completing this process, DSS will deny the application at the time the household refuses to cooperate.
| · | "be able to cooperate, |
| · | "clearly demonstrate that it will not take actions that it can take, and |
| · | "fail to take required actions to complete the application process. |
If there is any question as to whether the household merely failed to cooperate, as opposed to refused to cooperate, the DSS worker will not deny the household.
The worker must provide assistance.
| · | "reviews generated by reported changes, |
| · | "applications for recertification, and |
| · | "reviews of cases certified under disaster FSP procedures. |
After a DSS denial or termination for refusal to cooperate, the household may reapply and must cooperate before determined eligible. If there is any question as to whether the household has merely failed to cooperate, as opposed to refused to cooperate, the DSS worker will not deny the household. The worker must provide assistance.
The household may voluntarily withdraw its application at any time before the determination of eligibility.
| · | document the case record to include the reason for withdrawal. |
| · | contact the household to confirm the withdrawal and document the case record. |
| · | advise the household of its right to reapply at any time. |
The worker will document the case record.
Non-household members, like roomers, live-in attendants or others sharing the residence, are not considered as living outside the household for the purposes of this policy. This means the failure of a non-household member to cooperate could cause the household to be ineligible.
12 DE Reg. 1225 (03/01/09)
A household is ineligible if it refuses to cooperate in any subsequent review of its eligibility as a part of a Quality Control (QC) review. If a household is terminated for refusal to cooperate with a QC reviewer, the household may reapply but will not be determined eligible until it cooperates with the QC reviewer. If a household terminated for refusal to cooperate with a State QC reviewer reapplies after 95 days from the end of September, (the end of the annual review period which runs October through September each fiscal year), do not determine the household ineligible for its refusal to cooperate with a State QC reviewer during the completed review period. However, the household must provide verification in accordance with DSSM 9032.13.
If a household terminated for refusal to cooperate with a Federal QC reviewer reapplies after seven months from the end of September, (the end of the annual review period which runs October through September each fiscal year), do not determine the household ineligible for its refusal to cooperate with a Federal QC reviewer during the completed review period. However, the household must provide verification in accordance with DSSM 9032.13.
If the household who refuses to cooperate with a QC reviewer joins another food stamp household, those individuals would be treated as ineligible household members until they cooperate with the QC reviewer.
9 DE Reg. 1077 (01/01/06)
16 Del. Admin. Code § 9000-9029