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cooperate, a household must refuse to be interviewed and not merely fail to appear for the
interview. We proposed removing the example because there are numerous ways that a
household could refuse to cooperate, and the example is not definitive. The commenter
believed, however, that the example illustrates an important principle-protecting
applicants that make good faith efforts to cooperate-which does not exist in many
TANF programs, and which, without a concrete example, may not be applied properly by
eligibility workers whose primary training has been in AFDC and TANF.
The commenter also objected to our proposal to remove the last two sentences of
current paragraph (d)(1), which concern the failure of a person outside of the household
to cooperate with a request for verification. The first of these sentences provides that the
State agency may not determine a household to be ineligible when a person outside of the
household fails to cooperate with a request for verification. Section 835 of PRWORA
amended section 11(e)(3) of the Act to remove this requirement. The last sentence of
current paragraph (d)(1) describes certain individuals who are not considered "outside"
the household for the purpose of the existing provision and, because of the change
brought about by Section 835 of PRWORA, is no longer necessary. We noted in the
proposed rule that removal of these two sentences does not change current policy because
refusal to cooperate continues to be defined as refusal by a household member. The
commenter argued, however, that without a clear statement in the regulations that a
household may not be determined ineligible because of the failure of a person outside the
household to cooperate with a request for verification, eligibility workers are likely to fail
to apply the principle and incorrectly deny applications.
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"ocrText": "cooperate, a household must refuse to be interviewed and not merely fail to appear for the\ninterview. We proposed removing the example because there are numerous ways that a\nhousehold could refuse to cooperate, and the example is not definitive. The commenter\nbelieved, however, that the example illustrates an important principle-protecting\napplicants that make good faith efforts to cooperate-which does not exist in many\nTANF programs, and which, without a concrete example, may not be applied properly by\neligibility workers whose primary training has been in AFDC and TANF.\nThe commenter also objected to our proposal to remove the last two sentences of\ncurrent paragraph (d)(1), which concern the failure of a person outside of the household\nto cooperate with a request for verification. The first of these sentences provides that the\nState agency may not determine a household to be ineligible when a person outside of the\nhousehold fails to cooperate with a request for verification. Section 835 of PRWORA\namended section 11(e)(3) of the Act to remove this requirement. The last sentence of\ncurrent paragraph (d)(1) describes certain individuals who are not considered \"outside\"\nthe household for the purpose of the existing provision and, because of the change\nbrought about by Section 835 of PRWORA, is no longer necessary. We noted in the\nproposed rule that removal of these two sentences does not change current policy because\nrefusal to cooperate continues to be defined as refusal by a household member. The\ncommenter argued, however, that without a clear statement in the regulations that a\nhousehold may not be determined ineligible because of the failure of a person outside the\nhousehold to cooperate with a request for verification, eligibility workers are likely to fail\nto apply the principle and incorrectly deny applications."
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