Page 325

Page | 324 CHAPTER TWENTY: REFUSAL TO COOPERATE, PENALTIES FOR NON-COMPLIANCE, AND SANCTIONS 20000 REFUSAL TO COOPERATE, PENALTIES FOR NON-COMPLIANCE AND SANCTIONS

20100 REFUSAL TO COOPERATE

Refusal to cooperate means that the household is able to cooperate but clearly demonstrates it will not take the required steps to complete the application process. For instance; the application should be denied immediately if the household refuses to be interviewed but not because it failed to keep a scheduled appointment.

Refusal to cooperate does not include cases of carelessness or inability on the part of the household to provide information.

Reasonable assistance in completing the application or in gathering verifications should be given to the household before a denial for refusal to cooperate. If there is a question as to whether the household has merely failed to cooperate, as opposed to refusal to cooperate, the household must not be denied. A household's refusal to cooperate must be thoroughly documented in the case record.

The household will be determined ineligible if it refuses to cooperate in any later case review. This includes:  Reviews resulting from reported changes  Eligibility redeterminations  Program evaluations such as program audits.

Individuals living in the home but not receiving benefits due to ineligibility or sanction are still required to cooperate in providing requested information that may affect the household’s benefits. DSS will not determine the household as refused to cooperate if a person outside of the household fails to cooperate with a request for information/verification.

20110 REFUSAL TO COOPERATE WITH QUALITY CONTROL (QC)

Refusal to cooperate with a Quality Control Review results in case closure. Quality Control staff will send notification if a household member has refused to cooperate with a QC review.

The QC disqualification period lasts 125 days after the federal fiscal year ends or until the individual cooperates, whichever is first. The federal fiscal year is from October 1st – September 30th so the 125 day disqualification period would end February 2nd of the following year, unless the household cooperated prior to this time. The disqualification follows the individual who refuses to cooperate with QC, so the individual disqualified leaves a household the disqualification will follow the individual. Example: The household does not have access to its paystubs, so the benefits specialist contacts the employer to get the information. The employer fails to return the wage information. The benefits specialist will not close the case for refusal to cooperate.