Section 1240-01-03-.11 - PROMPTNESS OF CASE ACTION - QUESTIONABLE CITIZENSHIP(1) When there is a question as to whether a member of an HH/AG is in fact a US citizen, prompt action is to be taken on the application as follows: (a) Food Stamps. The member whose citizenship is in question shall be ineligible to participate and shall be treated as an excluded household member until proof of US citizenship is obtained. If eligible, the remaining members of the household may be certified; however, all the income, less a pro rata share, and all the resources belonging to the person whose citizenship is questionable shall be considered available to the remaining household members.(b) Cash Assistance under Title IV-A of the Social Security Act. The person whose US citizenship cannot be verified within promptness standards will be excluded from the AG. Assistance payments for the remaining otherwise eligible persons will not be delayed. The income and resources of the excluded will not be taken into consideration in determining eligibility or the amount of payment unless the excluded person is a legally responsible relative of persons in the AG. When it is subsequently verified that the person is a US citizen, he/she may be added to the AG, with no new application required. Payment retroactive to the date of application (but not prior to October 1, 1994) may be made if all other eligibility requirements were met at that time.Tenn. Comp. R. & Regs. 1240-01-03-.11
Original rule filed August 15, 198; effective September 29, 1980. Amendment filed May 17, 1983; effective June 16, 1983. Amendment filed April 4, 1997; effective June 18, 1997.Authority: T.C.A. §§ 14-8-106, 14-27-105; 7 C.F.R 273.2(f)(2)(ii)(b) and 45 C.F.R. 224.50.