Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 681 - ISSUANCE OF BENEFITS
Subchapter 4 - STATE PARTICIPATION IN THE SSI AND STATE LOAN PROGRAMS
Section 17-681-45 - Conditions for receipt of a state loan
Universal Citation: HI Admin Rules 17-681-45
Current through August, 2024
(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 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 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.
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