105.05 Failure to Cooperate (FSM)

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If the Department has fulfilled its responsibilities, but the individual fails to comply with an eligibility requirement or fails to provide necessary information:

• deny or terminate benefits using adverse action procedures; or

• shorten the certification period and notify the individual of the new certification period.

 Exception: Do not deny an application if the individual failing to comply is not a food stamp household member unless that individual is:

- an ineligible student (see Section 239.01 );

- disqualified for * any of the reasons listed in FSM 211.03, Disqualified Individuals; or

*

- excluded from participation for any of the reasons listed in FSM 611.05, Income of Disqualified and Excluded Individuals.

References: 7 CFR 273.2(d), 7 CFR 275.3(c)(5), 7 CFR 275.12(g)(1)(ii), Section 6 of the Food & Nutrition Act of 2008 (PL 110-246), 7 USC 2015(c)