HAR §17-658-6. Essential persons

(a) An individual who is designated by a state AABD applicant or recipient as being essential to the applicant's or recipient's well-being may be considered eligible to be included in the assistance unit as an essential person. The name of the designated essential person shall be included on the application of the state AABD individual with the understanding that financial need shall be determined on the basis of a family unit rather than a single individual. (b) The essential person must meet the following requirements: (1) The person must be living with the individual eligible for state AABD by whom the person was designated as essential; (2) The person must be an adult living with the 658-6 eligible adult in a relationship in which both adults consider and represent one another as married persons to relatives, friends, neighbors, or trades people; and (3) The essential person may not be the legally married spouse. [Eff 3/19/93; am and comp 8/1/94; am 9/26/97; am 5/31/02 ] (Auth: HRS §346-14) (Imp: HRS §346-14) §17-658-6.1 Requirements of the essential person or legal spouse. (a) The designated essential person or legal spouse of the individual eligible for state AABD, who is under age sixty and not employed full- time, shall be required to register for and actively seek employment through the state department of labor and industrial relations (DLIR) on a monthly basis and shall accept any bonafide offer of employment. (b) A bonafide job offer shall be considered to have been made when a prospective employer makes a verbal or written offer to the individual for a specific position that: (1) Shall be available within one month from the date of the offer; (2) The individual is capable of performing; (3) Shall not be hazardous to the individual's health, safety, or well being; (4) Will require no more than two hours of travel daily to and from work and home; and (5) Shall provide the individual with at least one hundred and thirty-eight hours of work per month. (c) An essential person or legal spouse of the individual eligible for state AABD, who is an adult under age sixty and is not employed full-time, shall be exempt from seeking employment if the essential person or legal spouse is: (1) Required to remain at home to care for the AABD person in the absence of any other party to care for the AABD person on the basis of medical verification; or (2) Unable to engage in any full-time employment for a period of more than thirty days from the onset of an illness, incapacity or 658-7 disability as determined by a licensed physician or psychologist. [Eff 5/31/02 ] (Auth: HRS §346-14) (Imp: HRS §346-14) §17-658-7 State financial assistance for aged, blind, and disabled individuals. (a) State AABD benefits shall be provided to: (1) A person who is a beneficiary of SSI or RSDI as an aged, blind, or disabled person and who has insufficient income and assets, including the person's SSI and RSDI benefits, for the person's support based upon the department's applicable standard of assistance, under the financial assistance program. Further verification of age, blindness, or disability shall not be required for these SSI or RSDI beneficiaries. (2) Persons who are aged, blind, or disabled, who have been determined by the Supplemental Security Income office to be ineligible for SSI because of excessive income or assets although categorically eligible for SSI, and who have insufficient income and assets for the person's support based upon the department's applicable standards of assistance for state AABD. (A) Verification of age shall not be required for individuals found to be categorically eligible for SSI because of age. (B) Verification of blindness or disability shall be required of individuals found categorically eligible for SSI because of blindness or disability. The verification shall be required to enable the department to establish whether the blindness or disability is correctable, temporary, or permanent. (3) An individual who is essential to the eligible aged, blind, or disabled individual and who meets the requirements and definition of an essential person as specified in this chapter. 658-8 (b) An individual who meets the definition and requirements of being aged, blind, or disabled, as specified in this chapter, shall be considered to be an applicant for state AABD and shall be required to apply for SSI, if the individual is not a current applicant or recipient of SSI. (1) If the individual refuses to apply for SSI, the individual shall be ineligible for state AABD. (2) If the individual is found ineligible for SSI because of the individual's failure to cooperate with the SSI office to establish the individual's eligibility, the individual shall be ineligible for state AABD. (3) If the individual applies for SSI, the individual shall be entitled to receive a state loan pending the SSI office's determination of eligibility. All the conditions required for a state loan, as documented in chapter 17-680, shall be met before a loan is granted. (c) An individual shall be required to obtain or receive medical treatment for a correctable medical condition. Refusal to comply with this requirement shall cause the individual to be ineligible for state AABD payments, unless: (1) The individual's mental illness or mental deficiency precludes the individual's understanding of the department's requirements; or (2) Treatment is contrary to the individual's religious beliefs. [Eff 03/19/93; am 3/14/94; comp 8/01/94; am 11/25/94; am 11/22/96 ] (Auth: HRS §346-14) (Imp: HRS §§346-14, 346-29, 346-30, 346-52, 346-53) §17-658-8 Three month readjustment period for state AABD recipients. (a) The amount of state AABD payment to which an individual is entitled shall be continued for three months following the month the blindness or disability is no longer an eligibility condition, provided that the recipient's income and assets are below the amounts allowed by the department. 658-9 (b) The disregarded income of the recipient shall not be considered in determining the need of any other individual applying for or receiving financial assistance under any financial assistance category. [Eff 03/19/93; comp 8/01/94] (Auth: HRS §346-14) (Imp: HRS §§346-14; 346-53)