HAR §17-647-34. Denying the application

(a) Households that are found to be ineligible shall be sent a notice of denial as soon as possible but not later than thirty days following the date the application was filed. (b) If the household has failed to appear for the initial scheduled interview and has not subsequently contacted the branch to express interest in pursuing the application, the branch shall send the household a notice of denial on the thirtieth day following the date of application. (c) The household shall file a new application if it wishes to participate in the program. (d) In cases where the branch was able to conduct an interview and requested all of the necessary verifi- cation on the same day the application was filed, and no subsequent requests for verification are made, the branch shall deny the application on the thirtieth day if the branch provided assistance to the household in obtaining verification but the household failed to provide the requested information. [Eff 3/19/93 ] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.2(g)(3)) §17-647-35 Actions on eligible households with unverified deductible expenses. (a) If a household claims actual utility expenses in excess of the utility standards and the expense would actually result in a deduction, the expenses shall be verified. (b) If the household's actual utility expenses cannot be verified before the thirty days allowed to process the application expire, the branch shall use the appropriate standard utility allowances, provided §17-647-35 647-45 the household shall be entitled to the use of these standards. (c) If the household wishes to claim expenses for an unoccupied home, the branch shall verify the house- hold's actual utility expenses for the unoccupied home in every case and shall not use any of the standard utility allowances. (d) If a deductible expense must be verified and obtaining the verification may delay the household's certification, the branch shall advise the household that the household's eligibility and benefit level shall be determined without providing a deduction for the claimed but unverified expense. Medical and shelter costs shall be computed without including the questionable and unverified components. The standard utility allowances shall be used if the household is entitled to claim them and has not verified higher actual costs. (e) If the expense cannot be verified within thirty days of the date of application, the branch shall determine the household's eligibility and benefit level without providing a deduction for the unverified expense. (f) If the household subsequently provides the missing verification, the branch shall determine the household's benefits as follows: (1) For prospectively budgeted households as specified in chapter 17-681, the branch shall redetermine the household's benefits and shall provide increased benefits, if any, in accordance with the timeliness standards on reported changes provided in chapter 17-655. (2) For retrospectively budgeted households as specified in chapter 17-681: (A) If the household is in the first beginning month (as defined in chapter 17-681), the expense shall be allowed for the next prospectively budgeted month. If computer processing does not allow for the change to be effective §17-647-35 647-46 with the next allotment issued, the branch shall supplement the household for any underpayment; (B) If the household is in the second beginning month, the expense shall be allowed for the second retrospective month and the household supplemented any underpayment which occurs due to computer processing deadline delays; or (C) If the household is already in the retrospective cycle, the household shall be allowed the expense in the corre- sponding issuance month from the month that the expense is billed or otherwise becomes due in accordance with chapter 17-681. (g) The household shall be entitled to the restoration of any benefits lost as a result of the disallowance of the expense only if the expense could not be verified within the thirty-day standard because the branch failed to allow the household sufficient time, as specified in section 17-647-32 to verify the expense. If the household would be ineligible unless the expense is allowed, the household's application shall be handled as provided in section 17-647-32. [Eff 3/19/93 ] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.2(f)(1), (2), (3)) §17-647-36 Delays in processing--determining cause. If it appears that the branch will not be able to determine a household's eligibility and will not be able to provide an opportunity to participate within thirty days after the date the application was filed, the branch shall first determine the cause of the delay using the following criteria: (1) A delay shall be considered the fault of the household if the household has failed to complete the application process even though the branch has taken all the action it is §17-647-36 647-47 required to take to assist the household. The branch shall have taken the following actions and the household shall not have taken the appropriate counter actions for the household to have caused the delay: (A) For a household that has failed to complete the application form, the branch shall have offered, or attempted to offer, assistance in its completion; (B) If one or more members of the household have failed to register for work, the branch shall have informed the household of the need to register for work and shall have given the household at least ten days from the date of notification to register these members; (C) In cases where verification is incomplete, the branch shall have provided the household with a statement of required verification and offered to assist the household in obtaining the required verification and allowed the household sufficient time to provide the missing verification. Sufficient time shall be at least ten days from the date the branch initially made the request for the particular verification that was missing; or (D) For a household that has failed to appear for the initial interview, and a subsequent interview which was requested by the household is postponed at the household's request or the interview cannot otherwise be rescheduled until after the twentieth day but before the thirtieth day following the date the application was filed, the household shall appear for the interview, bring verification, and register members for work by the thirtieth day. If the §17-647-36 647-48 household does not comply with the above procedures, the household shall be faulted for the delay. If the household has failed to appear for the initial interview and a subsequent interview which was requested by the household is postponed at the household's request until after the thirtieth day following the date the application was filed, the household shall be faulted for the delay; (2) If the branch fails to take action required in section 17-647-32(c)(1)(A), (B), (C), and (D), the branch shall be faulted for any delay in processings. Delays caused by the branch shall not be limited to these situations; (3) If by the thirtieth day, the branch cannot take further action on the application due to inaction on the part of the household, the household shall lose its entitlement to benefits for the month of application. The household shall be given an additional thirty days to take the required action. The branch shall send the household a notice of denial on the thirtieth day after the application was filed. If the household takes the required action within sixty days following the date the application was filed, the branch shall reopen the case without requiring a new application. The household's benefits shall be issued from the date the household completes the required action. No further action by the branch shall be required after the notice of denial is sent if the household fails to take the required action within sixty days following the date the application was filed; (4) If the household was at fault for the delay in the first thirty-day period, but is found §17-647-37 647-49 to be eligible during the second thirty-day period, the branch shall provide benefits from the month following the month of appli- cation which shall be considered the initial month of application in accordance with chapter 17-681, and benefits shall be prorated from the date the household complied with the required actions as imposed by the branch. The household shall not be entitled to benefits for the month of application when the delay was caused by the household; (5) Whenever a delay in the initial thirty-day period is caused by the branch, the branch shall take immediate corrective action. Except as specified in chapter 17-655, the branch shall not deny the application if the branch caused the delay, but shall instead notify the household by the thirtieth day following the date the application was filed that the household's application is being held pending. The branch shall also notify the household of any action the household shall take to complete the application process. If the household is found to be eligible during the second thirty-day period, the household shall be entitled to benefits retroactive to the day of application. If the household is found to be ineligible, the branch shall deny the application. [Eff 3/19/93 ] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.2(h)(1), (2), (3))