HAR §17-681-41. State financial participation

(a) The department may provide financial participation in the basic federal supplemental security income (SSI) program. (b) The amount of the state participation shall be determined by the director in accordance with the requirements of the mandatory pass along provisions of the federal law and the availability of state funds. (c) The state share, upon a contractual agreement with the Secretary of Health and Human Services, shall be administered by the federal Bureau of Supplemental §17-681-43 681-17 Security Income through the Social Security Administration: (1) The contractual agreement and the amount of the state share shall be reveiwed every state fiscal year and shall be amended as necessary; and (2) The contractual agreement shall be made in accordance with the provisions of Pub. L. No. 94-585, Section 1618 of the Social Security Act (42 U.S.C. §1382g), as amended. [Eff 3/19/93; comp 6/24/13] (Auth: HRS §§346-14, 346-53) (Imp: HRS §§346-51, 346-52) §17-681-42 Intent of the state loan program for applicants of SSI. (a) The intent of this loan shall be to make available moneys for applicants of supplemental security income who are awaiting the disposition of the applicant's application or who are awaiting a decision on the applicant's appeal of an ineligible disposition by the supplemental security income (SSI) office. (b) The loan moneys shall be provided to prevent hardship for the applicants. [Eff 3/19/93; comp 6/24/13] (Auth HRS §346-14) (Imp: HRS §346-57) §17-681-43 Relationship to financial assistance programs. (a) Current recipients or applicants under the GA program who may be potentially eligible for SSI shall be required to apply for federal SSI benefits. (b) All applicants under the state AABD program who are not current recipients of SSI because of age, blindness, or disability shall be required to apply for federal SSI benefits. (c) Applicants or recipients under the state funded TANF program who may be potentially eligible for SSI, shall be required to apply for federal SSI benefits. (d) Upon application for SSI by the GA, AABD or state funded TANF applicant or recipient, the state funded assistance payment shall be converted to a loan §17-681-43 681-18 status with the department, if the conditions of this subchapter are met. (e) SSI applicants who are also eligible for federally funded TANF shall be entitled to TANF assistance in lieu of a state loan. [Eff 3/19/93; am 9/26/97; am and comp 6/24/13] (Auth: HRS §346-14) (Imp: HRS §§346-7, 346-14, 346-57) §17-681-44 Eligibility requirements for receipt of a state loan. A state loan shall be provided to an applicant of supplemental security income if the applicant meets the following requirements: (1) The individual shall be eligible for financial assistance under the state funded TANF, GA or state AABD program; (2) The individual shall be an applicant for benefits under the federal supplemental security income program; (3) The individual's request for an advance SSI payment shall have been denied or for a determination of presumptive eligibility shall not have been made by the Federal Bureau of Supplemental Security Income; and (4) The individual shall agree to the conditions for receipt of a loan as specified in section 17-681-45. [Eff 3/19/93; am 9/26/97; am and comp 6/24/13] (Auth: HRS §346-14) (Imp: HRS §346-57) §17-681-45 Conditions for receipt of a state loan. (a) The individual shall execute a written agreement with the department at the time application for the loan is made. (b) If the individual fails to inform the department of the individual's application for SSI at the time the SSI application is made, one of the following actions shall be taken when the department becomes aware of the individual's application for SSI: (1) If the individual's determination for SSI has not yet been made, the individual shall be required to execute a written agreement retroactive to the date application for SSI §17-681-45 681-19 was made as a part of the individual's eligibility requirement for state funded TANF, GA or state AABD and shall be placed on loan status retroactively; (2) If the individual has already been found to be ineligible for SSI, the department's eligibility worker shall document in the individual's case record the facts related to the individual's application for SSI, the determination of ineligibility, and the individual's reasons for not informing the agency; or (3) If the individual has already been found eligible for SSI and has received or is expected to receive the retroactive SSI payment, the department shall pursue, as applicable, an overpayment refund or investigation or prosecution of fraud. (c) The written agreement shall enable the department to receive the retroactive SSI payment directly from the federal government so that the department may obtain reimbursement for the loan. (d) In the written agreement the individual shall agree to: (1) Repay the department from the retroactive SSI payment: (A) The exact amount of the loan if the retroactive payment is equal to or more than the amount of the loan; or (B) The total amount of the retroactive SSI if the payment is less than the amount of the loan; (2) For a case in which an appeal is pursued, the state loan and all requirements and conditions for the receipt of the loan shall be continued in effect until the individual abandons the appeal process or the individual no longer has any recourse; and (3) Be ineligible for an outright state funded TANF, GA or state AABD payment until such time as the individual is determined categorically ineligible for federal SSI. If the individual appeals the SSI ineligibility decision, the individual shall continue to be §17-681-45 681-20 ineligible for an outright state funded TANF, GA or state AABD payment until the appeal process is completed or until the individual has no further recourse. [Eff 3/19/93; am 9/26/97; am and comp 6/24/13] (Auth: HRS §346-14) (Imp: HRS §§346-34, 346-57)