Section 1240-01-17-.09 - FAILURE TO MEET TIMELINESS STANDARD - FOOD STAMPS ONLYThere are instances in which the worker will not have sufficient information to approve or deny an HH/AG. In such cases, action must be taken by the worker to determine the cause of the delay. The following action must be taken if timeless standards are not met.
(1) Criteria For Denial And Initial Action - Food Stamps. If the worker cannot make an eligibility determination within 30 days and cannot deny the household, the cause of the delay is determined and certain actions are taken to determine whether the delay was caused by fault of the household or the county office. The term "fault" is used only to determine the household's entitlement to benefits for the month's delay.(2) Determining Cause Of The Delay - Food Stamps. The worker must first determine the cause of the delay using the following criteria:(a) Household Caused Delay - Food Stamps. The delay shall be considered the fault of the household if the household has failed to complete the application process when the worker has taken all the action he or she is required to take to assist the household. The worker must have taken the action in 1240-1-17-.09(3) below before a delay can be considered the fault of the household.(b) County Caused Delay - Food Stamps. A delay shall be considered the fault of the county office if the worker failed to take the actions below in § 1240-1-17-.09(3). Further, the fault is the county office's if the household met its obligation in a timely manner but the county office failed to complete the application process by the 30th day.(3) Actions By The County Office. The worker must take the following actions and the household not take the counterpart action for a delay to be caused by the household. (a) The worker must have offered or attempted to offer assistance in completion of the application for those households that have failed to complete the application form.(b) The worker must have informed the household of the need to register for work, and given the household at least 10 days from the date of notification to register a household member for work, if one or more members of the household have failed to register for work.(c) The worker must have provided assistance when it is necessary for the household to provide documentary evidence to support its income statement and questionable information and must have allowed the household sufficient time prior to the 30th day of the application to provide the missing verification. Sufficient time is at least 10 days from the date of the county office's initial request for the particular verification that was missing.(d) The county office must have attempted to reschedule the initial interview within 30 days of the date the application was filed for all households that have failed to appear for an interview. However, if the household has failed to appear for the first interview and a subsequent interview is postponed at the household's request or cannot otherwise be rescheduled until after the 20th day but before the 30th day following the date the application was filed, the household must appear for the interview, bring verification, and register members for work by the 30th day. If the household has missed both scheduled interviews and requests another interview, any delay is then the fault of the household.(e) If the county office fails to provide required assistance in completion of the application form, required assistance in obtaining documentary evidence to support its income, medical expenses or questionable information, fails to give the household sufficient time, or fails to timely schedule the required interviews, the fault is then the county's.(f) When the delay was the fault of the county, the household's benefit level for the initial month of certification shall be based on the day of the month it filed its application for benefits.(4) Delays Caused By The Household.(a) Benefit Entitlement. The household loses its entitlement to benefits if by the 30th day following the date of application the worker cannot take further action on the application due to the fault of the household.(b) Notifying the Household at End of 30 Days for Household-Caused Delays. The worker shall send the household Form HS-0751 (Notice of Disposition), denying the household on the 30th day following the day application was filed. The notice should include what verification is needed to complete the application process and that the household should report any changes in circumstances.(c) Reopening the Case After a Notice of' Denial is Sent. If a Notice of Denial is sent and the household takes the required action within 60 days of the date the application was filed, the worker shall reopen the case without requiring a new application.(d) Further Action by County After Notice of Denial is Sent. No further action by the worker is required after the Notice of Disposition denying the household is sent if the household fails to take required action within 60 days of the date the application was filed.(e) Providing Benefits. The household is not entitled to benefits for the month of application when the delay was the fault of the household. However, if the household was at fault for the delay in the first 30-day period, but is found to be eligible during the second 30-day period, the worker shall provide benefits prorated from the day of the month that the eligibility determination is made.(f) Delays Caused by the County in Initial 30 Days. Whenever a delay in the initial 30-day period is the fault of the county, the worker shall take immediate corrective action. A notice of pending status must be sent. A Notice of Denial cannot be sent for county caused delays.(g) Pending Application. The worker shall not deny the application if the delay was caused by the county, but shall instead notify the household by the 30th day after the application was filed that its application is being held pending. The worker shall also notify the household of any action it must take to complete the application process.(h) Action Taken During Second 30-Days. If the county caused the delay during the first 30 days and the household is found to be eligible during the second 30 day period, the household shall be entitled to benefits retroactive to the day it applied for benefits. If, however, the household is found to be ineligible, the worker shall deny the application.(5) Delays Beyond 60 Days. (a) County Caused Delay - All Information Received. If the county is at fault for not completing the application process by the end of the second thirty day period, and all the information necessary to complete the application has been received, the worker must continue to process the original application until an eligibility determination is made. If the household is determined eligible and the county was at fault for the delay in the initial 30 days, the household must receive its initial benefits retroactive to the day of the month it applied for benefits.(b) County Caused Delay - Information Incomplete. If the county is at fault for not completing the application process by the end of the second 30 day period (60) days, but the case file is not complete enough to reach an eligibility determination, the worker should deny the case and notify the household to file a new application unless the original application can be processed immediately and the household notified of the action that will be taken.(c) Case Denied at End of Sixty Days. If the county is at fault and the case is denied, the household shall also be advised of its possible entitlement to benefits lost as a result of county caused delays.(d) County Caused Both Delays. If the county was also at fault for the delay in the initial (30) days, the amount of benefits lost would be calculated from the day of the month the application was filed.(e) Household Caused Delay in Second Thirty Days. If the household is at fault for not completing the application process by the end of the second 30-day period, the worker shall deny the application and require the household to file a new application if it wishes to participate.(f) Household/Aid Group Full Thirty Days. The worker cannot deny the HH/AG prior to the 30th day for failure to provide verification. The case file must be held open for the entire 30 days and the HH/AG given all that time to complete the application process.Tenn. Comp. R. & Regs. 1240-01-17-.09
Original rule filed August 15, 1980; effective September 29, 1980. Repeal and new rule filed December 10, 1981; effective January 23, 1982.Authority: T.C.A. §§ 14-8-106, 14-27-104; PL 97-35; 7 CFR 273.2, 273.10; 45 CFR 233.20.