Determining eligibility. Assistance unit obligations.

(a) Disclosure of Social Security number. (1) Each assistance unit member shall disclose his or her Social Security number as a condition of eligibility for assistance pursuant to SAGA. An assistance unit member who has been issued multiple Social Security numbers shall disclose each number. Disclosure of a Social Security number pursuant to this subsection may be based upon such member's memory or a written document, including, but not limited to, a wage stub, a Social Security award or denial letter, an income tax return, a Social Security card, a bank book or statement, an insurance policy or any other document such member believes accurately reflects his or her Social Security number. An assistance unit member shall be required to apply for a Social Security number as a condition of such member's eligibility for assistance if such member has not been issued a Social Security number or has been issued such a number but (A) does not recall such number and has no record of it, (B) the department is unable to confirm such number, or (C) a discrepancy exists between the number provided to the department by such member and information from other sources available to the department. Notwithstanding the provisions of subdivision (5) of this subsection, the assistance unit member shall be responsible for ensuring that any application for a Social Security number required by this subsection is filed with the Social Security Administration. An assistance unit member shall remain ineligible for assistance pursuant to SAGA until such member discloses a Social Security number or files an application for such a number, whichever is required under this subsection. (2) The department shall confirm the validity of each Social Security number disclosed to it pursuant to this subsection, and each such number shall be used by the department only for verifying the identity of an assistance unit member, such member's income and assets and any benefits received by such member. (3) Any person who is not applying for or eligible to receive assistance pursuant to SAGA for any reason other than failing to disclose or apply for a Social Security number may voluntarily disclose his or her Social Security number to the department or apply for such a number, but such disclosure or application shall not be required as a condition of eligibility for any assistance unit member. (4) Whenever the department requests that a person disclose or apply for a Social Security number, the department shall inform such person of whether cooperation with such request is mandatory or voluntary, of the statutory or other authority pursuant to which such request is made and how such number will be used by the department when disclosed, including that the Social Security number of any person whose income is considered in determining whether an applicant is financially eligible shall be used to verify such income. The department shall inform any person whose disclosure of a Social Security number is voluntary that his or her failure to disclose such number shall not result in the denial or discontinuance of assistance for any person. (5) If a member of an assistance unit informs the department that he or she does not recall his or her Social Security number or has not been issued such a number, the department shall offer to assist such member. If such member requests the department's assistance, the department shall: (A) Assist such member in completing an application for a Social Security number; (B) Obtain any evidence pertaining to such member's citizenship or alien status, age and identity that is required by the Social Security Administration and necessary to complete such application; and (C) When appropriate, send such application to the Social Security Administration or, if evidence suggests that a Social Security number was previously issued to such member, request such number from the Social Security Administration. (6) The department shall not delay an eligibility determination while confirmation or issuance of a Social Security number is pending unless (A) there is a discrepancy between the Social Security number disclosed by an assistance unit member and other information obtained from a source used by the department, and (B) such member fails to cooperate in resolving such discrepancy. The department shall not penalize an assistance unit member for failing to disclose or apply for a Social Security number unless the department first complies with the provisions of subdivision (5) of this subsection. (b) Cooperation during the eligibility process generally. (1) Except as provided in subdivision (3) of this subsection, an assistance unit member shall, as a condition of eligibility for assistance, cooperate during the application and eligibility processes. The cooperation required pursuant to this subsection during the application process includes fully completing the application form, providing the signature of any person who is required to sign such form, responding to any appointment for an interview scheduled by the department and providing and verifying information when requested by the department. The cooperation required pursuant to this subsection during any portion of the eligibility process following the application process includes completing and signing any form as requested by the department, responding to any appointment for an interview scheduled by the department, reporting changes in income and any other conditions that may impact eligibility for assistance pursuant to SAGA and providing and verifying information when requested by the department. (2) Except as provided in subdivision (3) of this subsection, whenever cooperation required by this subsection is not provided during the application process, the department shall deny the application. Whenever cooperation required by this subsection is not provided during any portion of the eligibility process following the application process, the assistance unit member shall be ineligible for assistance until such member provides such cooperation. If an assistance unit member fails to cooperate with a quality control review conducted by the department and does not cooperate sooner than ninety-five days after the end of the annual quality control review period during which such cooperation was withheld, such member shall be required to file a new application for assistance pursuant to SAGA prior to the renewal of such assistance. The department shall not consider an assistance unit member's prior failure to cooperate while reviewing any such new application for assistance. For purposes of this subdivision, "quality control review period" means the period beginning October 1 each year and ending September 30 the following year. (3) No assistance unit shall be ineligible for assistance for failing to provide the cooperation required by this subsection if there is good cause for the assistance unit's failure to cooperate. For purposes of this subdivision, good cause exists whenever the lack of cooperation resulted from (A) circumstances beyond the assistance unit's control, or (B) the failure of a representative of an incompetent or incapacitated assistance unit member to act in such member's best interest. (c) Cooperation in pursuing support. (1) An assistance unit member shall, as a condition of eligibility for assistance, provide accurate and complete information about any spouse who may be legally obligated to provide support to such member. A spouse shall be considered legally obligated to provide support to an assistance unit member regardless of whether such spouse lives with such member. Each assistance unit member shall, as a further condition of eligibility for assistance, cooperate in securing support from any such spouse, unless the department determines that circumstances justify such member's refusal to provide such cooperation, as described in subdivision (3) of this subsection. The cooperation required pursuant to this subsection includes (A) identifying and locating such member's spouse, and (B) obtaining support payments, medical or other benefits or any other property when such payments, benefits or property are due to such member. Notwithstanding any other provision of this subsection, an assistance unit shall not be ineligible for assistance for failing to cooperate with the department's request to perform a discrete act needed to obtain spousal support if there is good cause for the assistance unit's failure to cooperate. For purposes of this subsection, good cause has the same meaning as provided in subdivision (3) of subsection (b) of this section. (2) The cooperation required by subdivision (1) of this subsection is demonstrated by: (A) Providing to the department known information and documentary evidence that is in the assistance unit member's possession or readily obtainable; (B) Appearing as a witness in court or in any other proceeding related to obtaining support and providing information or attesting under oath to a lack of information; and (C) Notifying the department of any direct support payments received while also receiving assistance pursuant to SAGA. (3) A member of an assistance unit may refuse to provide cooperation required by this subsection if it is anticipated that, by providing such cooperation, the assistance unit member may be subjected to serious physical or emotional harm. (4) Any assistance unit member who alleges that he or she is justified in refusing to cooperate with the department's efforts to secure support from such member's spouse under the provisions of subdivision (3) of this subsection shall verify the circumstances that allegedly constitute justification for such refusal not later than twenty days after the date on which such circumstances are first alleged. The department may grant an extension of such deadline in exceptional cases in which an assistance unit member's failure to cooperate by providing verification is beyond such member's control. The department shall issue a written decision concerning an assistance unit member's allegation of circumstances justifying his or her refusal to cooperate not later than forty-five days after the date on which such circumstances were first alleged by such member, except that, if such member was granted an extension, the department's deadline for issuing a decision shall be extended by a number of days commensurate with the length of the extension granted to such member. In no event shall the department delay, deny or discontinue assistance pending the resolution of an assistance unit's allegation of circumstances justifying his or her refusal to cooperate under subdivision (3) of this subsection. (5) Whenever the department decides that an assistance unit member's refusal to cooperate is justified under subdivision (3) of this subsection, the department shall either cease its efforts to secure support, or continue such efforts without the assistance of such member. Whenever the department decides that circumstances justifying an assistance unit member's refusal to cooperate do not exist, such member shall: (A) Cooperate with the department's efforts to secure support, in which case such member shall continue to be eligible for assistance pursuant to SAGA; (B) Request that the department discontinue the eligibility process or voluntarily withdraw the application for assistance rather than continue efforts to secure support; or (C) Be determined ineligible for assistance pursuant to SAGA. (d) Cooperation in pursuing potential income. (1) As a condition of eligibility for assistance, an assistance unit member shall apply for and actively pursue any benefit to which such member may be eligible, and shall otherwise cooperate with any department request concerning the pursuit of any other form of income rightfully belonging to such member. Such benefits include, but are not limited to, old-age, survivors and disability insurance benefits, veterans' disability compensation or pension benefits, railroad retirement benefits, unemployment compensation benefits, worker's compensation benefits, benefits paid pursuant to a private pension or disability insurance contract and benefits from any other cash assistance program administered by the department. (2) Any application or cooperation required pursuant to this subsection shall be completed by a date established by the department in each case. An assistance unit member shall be ineligible for assistance if such member fails to comply with the provisions of this subsection in a timely manner, unless there is good cause for such failure. For purposes of this subsection, good cause exists whenever such failure resulted from (A) circumstances beyond such member's control, or (B) the failure of a representative of an incompetent or incapacitated assistance unit member to act in such member's best interest. (e) Cooperation in pursuing assets. (1) An assistance unit member shall pursue potential assets, including, but not limited to, property in probate, jointly owned property, property held in trust, any security deposit held by a landlord that is owed to such member and any asset that such member has verified cannot be converted to cash, and shall cooperate with any department request concerning the pursuit of such assets. (2) The cooperation required pursuant to this subsection includes: (A) Taking reasonable measures to pursue any potential asset of the assistance unit member or such member's spouse; and (B) complying with any department request for information or action by such member, including, but not limited to, a request to (i) provide details concerning an asset, including names and addresses of persons involved with such asset, (ii) make a petition concerning an asset to the probate court or other court of appropriate jurisdiction, (iii) commence a legal action for compensation equal to the value of such member's interest in an asset, and (iv) send a letter of demand or inquiry to the holder of an asset. (3) Whenever an assistance unit member fails to cooperate with the provisions of this subsection, the department shall (A) consider the full value of the asset in question as available to the assistance unit, if such value is known, or (B) determine that such member is ineligible for assistance, if such member is eighteen years of age or older and the value of such asset is unknown. (f) Assignment of interests. (1) An assistance unit member shall, as a condition of eligibility for assistance, assign to the department (A) any interest such member has in a decedent's estate, (B) the net proceeds of any monetary damages or settlement received by such member in connection with a cause of action, and (C) any potential retroactive SSI award. Any assignment of a potential retroactive SSI award shall be valid only until such member is denied SSI benefits and fails to file a timely appeal or exhausts all appellate rights, or for one year from the date of such assignment, whichever occurs first. The amount of an assignment of an assistance unit member's interest in a decedent's estate shall be equal to the total amount of SAGA benefits received by such member, or fifty per cent of the assets from the estate that are payable to such member, whichever is less. The amount of an assignment of an assistance unit member's interest in a cause of action shall be equal to the total amount of SAGA benefits received by such member, or fifty per cent of the proceeds received by such member in connection with such cause of action after payment of all expenses connected with the cause of action, whichever is less. (2) Any assistance unit member who fails to make an assignment required under this subsection shall be ineligible for assistance pursuant to SAGA. (g) Treatment for substance abuse. (1) No person who is a substance abuser shall be eligible for assistance pursuant to SAGA unless such person participates in treatment, including counseling, for such substance abuse. (2) Notwithstanding the provisions of subdivision (1) of this subsection, a substance abuser shall be eligible for assistance pursuant to SAGA while waiting for appropriate treatment to become available.