Section 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.Tenn. Comp. R. & Regs. 1240-01-15-.08
Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed December 2, 1983; effective January 1, 1984. Amendment filed September 4, 1984; effective October 4, 1984. Amendment filed July 23, 1987; effective October 28, 1987.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).