1 Tex. Admin. Code § 55.4 - Determination of Cooperation
The Title IV-D Agency shall make the determination as to whether an individual is cooperating as required by § 55.3 of this subchapter relating to Cooperation Required for Recipients of Child Support Services.
(1) If a TANF recipient or a Medical
Assistance-Only recipient (where both parent and child receive benefits) fails
to cooperate:
(A) The Title IV-D Agency must
report the determination of non-cooperation to the Health and Human Services
Commission.
(B) The Health and
Human Services Commission will notify the recipient and impose penalties
pursuant to Human Resources Code, §
31.0032, by:
(i) terminating the total amount of cash
assistance for the family if a TANF recipient, or
(ii) terminating only the recipient's medical
benefits if a Medical Assistance-Only recipient.
(C) To avoid interruption of benefits, the
recipient may request a hearing to show good cause for not cooperating not
later than the 13th day after receipt of the notice of non-cooperation issued
by the Health and Human Services Commission, in which case, the procedures in
§
55.5 of this subchapter (relating
to Good Cause for Failure to Cooperate) apply.
(D) The penalty for failure to cooperate
shall remain in effect until the recipient complies with the specific IV-D
requirement the recipient failed to satisfy. When the Title IV-D Agency
determines the recipient is cooperating:
(i)
the Title IV-D Agency shall immediately notify the Health and Human Services
Commission the recipient is cooperating and
(ii) on receiving a report of cooperation
from the Title IV-D Agency, it is the responsibility of the Health and Human
Services Commission to end the penalty.
(2) If a person who is a former recipient of
public assistance (TANF or Medical Assistance-Only) fails to cooperate, the
Title IV-D Agency shall notify the person that failure to cooperate may result
in termination of IV-D services.
(3) If a person who has never been a
recipient of public assistance fails to cooperate, the Title IV-D Agency shall
notify the person that failure to cooperate will result in termination of IV-D
services.
Notes
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