SECTION 55.3. Cooperation Required for Recipients of Child Support Services

(a) Cooperation by Temporary Assistance for Needy Families (TANF) Program Recipients. All TANF recipients whose assistance is funded under Title IV, Part A, of the Social Security Act are required to cooperate with the Title IV-D Agency in performing the required IV-D functions set out in Texas Family Code, Chapter 231, and other applicable provisions of law, unless there exists good cause as specified under §55.5 of this subchapter (relating to Good Cause for Failure to Cooperate).

(1) Recipients must cooperate in:

(A) identifying and locating obligors and potential obligors;

(B) establishing paternity of a child born out of wedlock, including participating in genetic testing;

(C) establishing, enforcing, or modifying child support obligations;

(D) establishing, enforcing, or modifying medical support obligations;

(E) obtaining support payments for the recipient or a child for whom the recipient is receiving services;

(F) obtaining medical support payments for which an obligor is responsible;

(G) obtaining any other payments or property due the recipient or a child for whom the recipient is receiving services;

(H) providing information on any third party who may be liable for medical care and services, including, but not limited to:

(i) the name of the health insurance policy holder;

(ii) the policy holder's relationship to the recipient and child;

(iii) the social security number of the policy holder; and

(iv) the name and address of the insurance company and policy number.

(2) To accomplish the above, a recipient must:

(A) keep appointments made with the Title IV-D Agency;

(B) provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the recipient;

(C) appear as a witness at judicial or administrative hearings or proceedings;

(D) provide information, or attest to the lack of information, under penalty of perjury;

(E) pay to the Title IV-D Agency any support payments sent to the recipient in error;

(F) pay to the Title IV-D Agency any support payments received from the obligor after an assignment under 42 USC §608(a)(3) has been made, including current and past due support payments;

(G) pay to the Title IV-A Agency any overpayment of TANF resulting from the receipt of direct support payments, and

(H) perform any other action required of a recipient by state and federal law or federal regulations applicable to Title IV-D.

(b) Cooperation by Medical Assistance-Only Recipients. All persons referred to the Title IV-D Agency pursuant to 42 USC §654(4), who are receiving Medical Assistance-Only benefits are entitled to receive all IV-D services.

(1) Such persons are required to cooperate with the Title IV-D Agency in:

(A) identifying and locating obligors or potential obligors;

(B) establishing paternity of a child born out of wedlock, including participating in genetic testing;

(C) establishing, enforcing, or modifying medical support obligations;

(D) obtaining medical support payments for which an obligor is responsible;

(E) providing information on any third party who may be liable for medical care and services, including, but not limited to:

(i) the name of the health insurance policy holder;

(ii) the policy holder's relationship to the recipient and child;

(iii) the social security number of the policy holder; and

(iv) the name and address of the insurance company and policy number.

(2) To accomplish the above, a recipient must:

(A) keep appointments made with the Title IV-D Agency;

(B) provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the recipient;

(C) appear as a witness at judicial or administrative hearings or proceedings;

(D) provide information, or attest to the lack of information, under penalty of perjury;

(E) pay to the Title IV-D Agency any support payments sent to the recipient in error;

(F) perform any other required IV-D function.

(c) Cooperation by Former TANF and Former Medical Assistance-Only Recipients. All former TANF recipients and former Medical Assistance-Only recipients must continue to cooperate with the Title IV-D Agency as long as there remain assigned child support and/or assigned medical support arrears recoverable by the state.

(d) Cooperation by Applicants for IV-D Services. All persons who complete an application for IV-D services (where there is no prior assignment of support rights to the state) must accept all appropriate services provided by the agency.

(1) Applicants must cooperate with the agency in:

(A) identifying and locating obligors and potential obligors;

(B) establishing paternity of a child born out of wedlock, including participating in genetic testing;

(C) establishing, enforcing, or modifying child support obligations;

(D) establishing, enforcing, or modifying medical support obligations;

(E) obtaining child support payments;

(F) obtaining medical support payments;

(G) obtaining any other payments or property due the recipient or a child for whom the applicant is receiving services.

(2) To accomplish the above, an applicant must:

(A) keep appointments made with the Title IV-D Agency;

(B) provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the recipient;

(C) appear as a witness at judicial or administrative hearings or proceedings;

(D) provide information, or attest to the lack of information, under penalty of perjury;

(E) pay to the Title IV-D Agency any support payments sent to the applicant in error;

(F) perform any other required IV-D function.

Source Note: The provisions of this §55.3 adopted to be effective November 30, 2000, 25 TexReg 11645; amended to be effective June 1, 2003, 28 TexReg 4095