Haw. Code R. § 17-647-14 - Time limits on disposition of application

(a) The application process shall begin with the submittal of a signed application form to the income maintenance unit and shall end when an assistance benefit or notification of denial or discontinuance is sent to the applicant.

(b) A decision on an application for financial assistance shall be made by the department within forty-five days.

(1) The forty-five day period shall start on the date the income maintenance unit receives the department's application form containing the applicant's name, address, and signature;

(2) The forty-five day period shall end when an assistance benefit or a notice to the applicant that the application for financial assistance has been denied or discontinued is sent to the applicant.

(A) If an application is approved, a notice shall be sent to the applicant informing the applicant of the amount of financial and food stamp benefits that applicant shall receive, the specific rule under which the benefits are provided, and an explanation of the applicant's right to request a hearing;

(B) If an application is approved only until the month of the authorization, a written notice shall be sent to indicate the amount of assistance and that the assistance has been authorized for only a specific time period beginning from the date of application through the end of the month payment was authorized. The written notice shall contain a statement of the action taken, the reasons for and specific rules supporting the action, and an explanation of the individual's right to request a hearing;

(C) Applicants for AFDC shall receive financial assistance payments from the date of application, provided the individuals have met all eligibility conditions of the category on the date the authorization of payment is made;

(D) Applicants for the GA or AABD programs shall receive financial assistance payment from the date of application through the eligible period if the application is approved.

(c) Exception to the forty-five day standard shall be permitted when the department is unable to reach a decision because:

(1) The applicant attempts to comply with the requirements of eligibility but the factors contributing to the delay are beyond the control of the applicant;

(2) The delay is caused by an examining physician who fails to submit medical reports; or

(3) An administrative emergency arises that cannot be controlled by the department. The reason for the delay shall be recorded in the case record.

(d) The department's forty-five day standard for disposition of applications shall not be used as a waiting period before granting financial assistance or shall not be used as a basis for delaying financial assistance.

(e) If the decision on the request for financial assistance is not reached within forty-five days due to departmental delay, a presumption of medical eligibility shall be made on the forty-sixth day, and medical assistance shall be continued until the applicant is determined to be ineligible.

(f) An applicant who does not attend a scheduled interview and made no contact with the department to express interest in pursuing the application shall be sent a notice of discontinuance not earlier than the thirtieth day from the date of application.

(g) An applicant who is requested to submit additional information or verification to establish the claim of eligibility shall be given ten days to provide the information or verifying material from the date the request is made by the eligibility worker.

(h) An applicant who fails to provide the necessary information and verification to establish the claim for eligibility shall not have the application denied until at least thirty days have elapsed from the date of application.

(i) An applicant who fails to provide the necessary information and verification to establish the claim for eligibility within the time limits established in subsections (g) and (h) shall be ineligible for financial assistance.

Notes

Haw. Code R. § 17-647-14

[Eff 3/19/93; am 8/01/94; am 9/26/97; am 1/17/08] (Auth: HRS §§ 346-14, 346-53) (Imp: HRS § 346-29; 45 C.F.R. §206.10)