HAR §17-647-11. Processing of application

(a) An individual or family requesting financial assistance or an individual requesting to be added to a recipient's household becomes an applicant when the signed applica- tion form is received by the branch office designated by the department to accept a houshold's application. The date of application shall be: (1) The date the income maintenance unit office receives the signed application form or the §17-647-11 647-15 most recently completed redetermination form requesting the individual be added to a recipient's household; or (2) The date the individual is required to be included in the financial assistance under sections 17-647-12 and 17-647-13. The individual shall be included in the application already on file from the date the individual joins the household or the date the individual is required to be included. (b) The application form shall be signed, under penalty of perjury by: (1) All adults in the household requesting financial assistance; (2) The applicant's authorized representative when the applicant is incompetent or incapacitated; (3) All legally responsible relatives living in the household; (4) Nonlegally responsible relative living with minor children; or (5) All natural parents, living with their children requesting assistance in the AFDC category. (c) If the application includes minors under age eighteen who are not living with a parent, the parents shall be informed of the minor's application. (1) The department shall contact the minor's legally responsible relatives to determine the parents' or the relatives' willingness to provide financial support before financial assistance payment is authorized. The amount of financial contribution made by the parents or relatives shall be collected as a refund by the department; (2) The failure of legally responsible relatives, not living with an applicant, to respond to the department's inquiry regarding the relative's willingness to contribute towards the support of the applicant shall not delay §17-647-11 647-16 the application process. However, an appli- cant shall agree to develop a potential source of income in the form of support from relatives before assistance shall be provided to the applicant; (3) The minor shall be informed of social services available within the family and adult services division. All minors under age sixteen who are living independently shall be referred for social services. [Eff 3/19/93; am 1/25/97 ] (Auth: HRS §§346-14, 346-53) (Imp: HRS §346-29) §17-647-12 Individuals to be included in application for AFDC program. (a) For AFDC only, in order for the family to be eligible, an application with respect to a dependent child shall also include, if living in the same household and otherwise eligible for assistance: (1) Any natural, adoptive or hanai parent, except as specified in subsection (b); and (2) Any blood-related, adoptive or hanai brother or sister except that the needs and income of disqualified alien siblings, pursuant to chapter 17-655, are not considered in determining the eligibility and payment for an otherwise eligible dependent child and as specified in subsection (b). (b) In situations where the state has obtained legal custody of a child and has placed that child under the care and supervision of a person other than the parent, the following shall apply: (1) The parental relationship shall not be recognized for the purpose of determining the AFDC household composition, even if the natural, adoptive or hanai parent is living in the same household; and (2) The sibling relationship shall not be recognized if the natural, adoptive or hanai §17-647-14 647-17 parent is living in the same household and has other children or stepchildren living there for whom the state has not obtained legal custody. (c) In situations where an adopted child is living with both the adoptive parent and a natural or hanai parent the following shall apply: (1) The natural or hanai parent relationship shall not be recognized for the purpose of determining the AFDC household composition; and (2) The sibling relationship shall not be recognized if the natural or hanai parent has other children or stepchildren living in the household who have not been adopted. [Eff 3/19/93; am 7/16/99; am 5/31/02 ] (Auth: HRS §§346-14, 346-53) (Imp: 45 C.F.R. §206.10) §17-647-13 Individuals to be included in application for GA or AABD programs. The legally married spouse of the GA or AABD applicant, living in the same household and otherwise eligible for assistance, shall be included in the application for GA or AABD. [Eff 3/19/93; am 9/26/97; am 5/31/02 ] (Auth: HRS §§346-14, 346-71) (Imp: HRS §346-71) §17-647-14 Time limits on disposition of application. (a) The application process shall begin with the submittal of a signed application form to the income maintenance unit and shall end when an assistance benefit or notification of denial or discontinuance is sent to the applicant. (b) A decision on an application for financial assistance shall be made by the department within forty-five days. (1) The forty-five day period shall start on the date the income maintenance unit receives the department’s application form containing the applicant’s name, address, and signature; (2) The forty-five day period shall end when an assistance benefit or a notice to the applicant that the application for financial §17-647-14 647-18 assistance has been denied or discontinued is sent to the applicant. (A) If an application is approved, a notice shall be sent to the applicant informing the applicant of the amount of financial and food stamp benefits that applicant shall receive, the specific rule under which the benefits are provided, and an explanation of the applicant’s right to request a hearing; (B) If an application is approved only until the month of the authorization, a written notice shall be sent to indicate the amount of assistance and that the assistance has been authorized for only a specific time period beginning from the date of application through the end of the month payment was authorized. The written notice shall contain a statement of the action taken, the reasons for and specific rules supporting the action, and an explanation of the individual’s right to request a hearing; (C) Applicants for AFDC shall receive financial assistance payments from the date of application, provided the individuals have met all eligibility conditions of the category on the date the authorization of payment is made; (D) Applicants for the GA or AABD programs shall receive financial assistance payment from the date of application through the eligible period if the application is approved. (c) Exception to the forty-five day standard shall be permitted when the department is unable to reach a decision because: (1) The applicant attempts to comply with the requirements of eligibility but the factors contributing to the delay are beyond the control of the applicant; §17-647-14 647-19 (2) The delay is caused by an examining physician who fails to submit medical reports; or (3) An administrative emergency arises that cannot be controlled by the department. The reason for the delay shall be recorded in the case record. (d) The department’s forty-five day standard for disposition of applications shall not be used as a waiting period before granting financial assistance or shall not be used as a basis for delaying financial assistance. (e) If the decision on the request for financial assistance is not reached within forty-five days due to departmental delay, a presumption of medical eligibility shall be made on the forty-sixth day, and medical assistance shall be continued until the applicant is determined to be ineligible. (f) An applicant who does not attend a scheduled interview and made no contact with the department to express interest in pursuing the application shall be sent a notice of discontinuance not earlier than the thirtieth day from the date of application. (g) An applicant who is requested to submit additional information or verification to establish the claim of eligibility shall be given ten days to provide the information or verifying material from the date the request is made by the eligibility worker. (h) An applicant who fails to provide the necessary information and verification to establish the claim for eligibility shall not have the application denied until at least thirty days have elapsed from the date of application. (i) An applicant who fails to provide the necessary information and verification to establish the claim for eligibility within the time limits established in subsections (g) and (h) shall be ineligible for financial assistance. [Eff 3/19/93; am 8/01/94; am 9/26/97; am 1/17/08 ] (Auth: HRS §§346-14, 346-53) (Imp: HRS §346-29; 45 C.F.R. §206.10) §17-647-15 647-20