HAR §17-659-15. Grandfathered persons

(a) A grandfathered person shall be eligible to receive assistance provided no lapse in receipt of assistance occurs after May 24, 1978. (b) If a lapse in receipt of assistance occurs, after the individual met the requirement of subsection (a), the individual shall no longer be classified as a grandfathered person and shall be required to reapply for assistance when the lapse is due to the individual’s: (1) Failure to comply with any requirements or conditions for receipt of benefits; or (2) Request for voluntary withdrawal. (c) The grandfathered person shall satisfy the appropriate requirements of this chapter: (1) The individual, unless disabled, shall satisfy the employment search, the registration with the department of labor and industrial relations, and TLF requirements of section 17-659-16, unless the individual is employed full-time or currently enrolled in an organized government training program; and §17-659-15 659-12 (2) The disabled person shall meet the requirements of section 17-659-11. [Eff 3/19/93; am 8/01/94; am 5/31/02; comp 3/27/09 ] (Auth: HRS §§346-14, 346-71) (Imp: HRS §346-71) §17-659-16 Work requirements for the dependent adult. (a) An applicant under the age of sixty-five years who is unemployed shall have been separated from full-time employment for reasons other than voluntary separation without good cause or separation for misconduct within twelve months prior to application, unless disabled. Sections 17-659-18 and 17-659-19 shall apply in establishing good cause or determining misconduct. (b) A dependent adult under fifty-five years of age who is unemployed or employed less than full-time shall actively and diligently seek gainful employment and accept or pursue referrals for employment, unless disabled or exempt: (1) The applicant shall seek employment from a minimum of three prospective places of employment within seven days after being informed of this requirement and shall continue to seek employment from a minimum of three prospective places on a weekly basis during the month of application and through the month of approval; (2) The recipient shall seek employment from a minimum of twelve prospective places of employment on a monthly basis following the month of approval; (3) The applicant and recipient shall furnish to the department written statements, on the department’s form or other valid statements from prospective employers, substantiating the dependent adult’s effort to obtain employment: (A) The applicant shall provide the verification within seven days after being informed and weekly thereafter; and (B) The recipient shall provide the verification by the last work day of the month; and §17-659-16 659-13 (4) The applicant and recipient shall register with the department of labor and industrial relations (DLIR): (A) The applicant shall provide proof of initial registration; and (B) The recipient shall complete a monthly visit to DLIR in search of employment and shall provide proof of the monthly visit. (c) A dependent adult between the ages of fifty- five and sixty-five years of age who is unemployed or employed less than full-time shall actively and diligently seek gainful employment and accept or pursue referrals for employment, unless disabled or exempt: (1) The applicant shall seek employment from one prospective place of employment weekly during the month of application and through the month of approval; (2) The recipient shall seek employment from a minimum of four prospective places of employment following the month of approval on a monthly basis; (3) The applicant and recipient shall furnish to the department written statements, on the department’s form or other valid statements from prospective employers, substantiating the dependent adult’s effort to obtain employment: (A) The applicant shall provide the verification within seven days after being informed and weekly thereafter; and (B) The recipient shall provide the verification by the last work day of the month; and (4) The applicant and recipient shall register with the DLIR: (A) The applicant shall provide proof of initial registration; and (B) The recipient shall complete a monthly visit to DLIR in search of employment and shall provide proof of the monthly visit. (d) Applicants or recipients shall not meet the department’s definition of “diligently seeking work” by merely mailing employment resumes each week. §17-659-16 659-14 (e) The recipient, unless disabled or exempt, shall register and participate in the TLF program and shall accept any assignment to work on a project. (f) Applicants and recipients shall accept offers of employment unless there is good cause as specified in section 17-659-18 for refusing the offer of employment. (g) Recipients shall have been unemployed from full- time employment for reasons other than voluntary separation without good cause or separation for misconduct. Sections 17-659-18 and 17-659-19 shall apply in establishing good cause and determining misconduct. (h) A dependent adult, if entitled to benefits or not subject to a waiting period under the state DLIR- unemployment insurance benefit (UIB) program, shall exhaust all of the available UIB specified under chapter 383, Hawaii Revised Statutes. Supplementary GA may be provided while a person is exhausting the UIB, if the amount received under UIB is less than the GA the assistance unit would otherwise be eligible to receive. (i) A dependent adult’s refusal or failure to meet the requirements of this section shall result in disqualification and exclusion as specified in section 17- 659-27. [Eff 3/19/93; am 5/31/02; am and comp 3/27/09 ] (Auth: HRS §§346-14, 346-71, 346-104) (Imp: HRS §§346-31, 346-71)