HAR §17-658-2. Definitions

For the purposes of this chapter: "Essential person" means a person who does not qualify for financial assistance under State AABD or AFDC in the person's own right and who meets all the requirements under section 17-658-6. "Full-time employment" means employment of thirty- two (32) hours per week or one hundred and thirty-eight (138) hours per month. "RSDI" means Retirement, Survivors, and Disability Insurance benefits which are administered by the Social Security Administration under Title II of the Social Security Act. "SSI" means Supplemental Security Income, a financial assistance program for aged, blind, and disabled individuals administered by the Social Security Administration under Title XVI of the Social Security Act. "State AABD" means the state-funded financial assistance program administered by the department of human services for aged, blind, and disabled individuals. [Eff 3/19/93; am and comp 8/1/94; am 5/31/02 ] (Auth: HRS §§346-14; 346-53) (Imp: HRS §§346-4; 346-52; 346-53; 42 C.F.R. §435.4) §17-658-3 Categorical eligibility requirements and verification of those requirements for individuals 658-3 applying for or receiving financial assistance as aged individuals. (a) The categorical eligibility requirement for an aged individual is that the individual be at least 65 years of age within the initial month of eligibility. (b) Verification of age shall be required. (1) Birth verification, including but not limited to legal documents and church records, may serve as verification. (2) Eligibility for or receipt of SSI or RSDI benefits on the basis of being aged may serve as verification of being an aged individual. (c) Unless there are reasons to doubt an individual's age, after initially being verified, recertification of an individual's aged status is not required. [Eff 3/19/93; am and comp 8/1/94 ] (Auth: HRS §346-14) (Imp: HRS §§346-29; 346-30; 346-52; 346- 53; 42 C.F.R. §435.520) §17-658-4 Categorical eligibility requirements and verification of those requirements for individuals applying for or receiving financial assistance as blind individuals. (a) The categorical eligibility requirement for a blind individual is central visual acuity of 20/200 or worse in the better eye with correcting lens, or that the widest field of vision subtends an angle no greater that twenty degrees (tunnel vision). (b) Verification of blindness shall be required. (1) Eligibility for or receipt of SSI payments on the basis of blindness shall be verification of blindness. (2) Certification of blindness by the department's blind services division, Ho'opono, shall be verification of blindness, in the absence of eligibility for or payments of SSI benefits on the basis of blindness. (c) Recertification of blindness is not required if the department's blind services division, Ho'opono, 658-4 certifies the blind individual's condition to be permanent with little chance of improvement, and therefore specifies that reevaluation is not necessary or warranted. (d) Recertification of blindness is required if individual's condition is not permanent, there is a possibility of improvement, or reevaluation is recommended by the department's blind services division, Ho'opono. (1) Reevaluation shall be scheduled as recommended by Ho'opono. (2) If no reevaluation date is indicated, recertification will be scheduled on an annual basis. [Eff 3/19/93; am and comp 8/1/94 ] (Auth: HRS §346-14) (Imp: HRS §§346-29; 346-30; 346-52; 346-53; 346-62; 42 C.F.R. §§435.530; 435.531) §17-658-5 Categorical eligibility requirements and verification of those requirements for individuals applying for or receiving financial assistance as disabled individuals. (a) The categorical eligibility requirement for a disabled individual is that the individual be unable to engage in substantial gainful activity because of a medically determinable physical or mental impairment which may be expected to result in death or which has lasted or may be expected to last for a continuous period of not less than twelve months. (b) Verification of disability shall be required. (1) Eligibility for or receipt of SSI or RSDI benefits on the basis of being disabled shall be verification of being a disabled individual. (2) Certification of disability by the department's aid to the disabled review committee (ADRC) is required in the absence of eligibility for or receipt of SSI or RSDI disability benefits. 658-5 (c) Recertification of disability shall not be required if the department's ADRC certifies the individual's condition to be permanent with little chance of significant improvement, and therefore specifies that reevaluation is not necessary or warranted. (d) Recertification of disability is required if the individual's condition is not permanent, there is a possibility of improvement, or reevaluation is recommended by the department's ADRC. (1) Reevaluation shall be scheduled as recommended by the ADRC. (2) If no reevaluation date is indicated, recertification will be scheduled on an annual basis. (e) The ADRC certification of disability shall be invalid if the individual’s application for Social Security benefits (SSI or RSDI) is denied as the result of the individual not meeting Social Security’s definition of disabled, provided Social Security and ADRC were evaluating the same medical condition. A Social Security denial based on non-medical criteria or a different medical condition, shall not invalidate an ADRC determination. [Eff 3/19/93; am and comp 8/01/94; am 7/16/99 ] (Auth: HRS §346-14) (Imp: HRS §§346-29; 346-30; 346-52; 346-53; 42 C.F.R. §§435.540; 435.541)