Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Information.
The commissioner must make available information explaining the
eligibility requirements and the application processes of the state soldiers'
assistance program.
Subp.
2.
Application for benefits from state soldiers' assistance
program.
A. An applicant must apply for
benefits through a county veterans service office, a department field
operations claim representative, or department tribal veterans service officer
using the standard application and supplemental forms and checklists provided
by the commissioner.
B. The county
veterans service officer, department field operations claim representative, or
department tribal veterans service officer must review each completed
application for benefits, provide a recommendation to the commissioner, and
sign and date the application. The commissioner must not accept a
recommendation from any person other than a county veterans service officer,
department field operations claims representative, or department tribal
veterans service officer.
C. An
applicant applying for the surviving children and surviving spouse education
benefit is not required to apply for the benefit through or receive a
recommendation from a county veterans service officer, department field
operations claims representative, or department tribal veterans service
officer.
Subp. 3.
Processing applications.
A. The
commissioner must request additional information and supporting documentation
from the applicant if necessary to establish eligibility and a need for
assistance.
B. The commissioner
must send a request for additional information and documentation to the
applicant and to the county veterans service officer, department field
operations claims representative, or department tribal veterans service officer
assisting the applicant.
C. The
commissioner must close an application if the requested information and
documentation is not received within 60 days of the date of request for more
information.
Subp. 4.
Reporting requirements.
An applicant must report any changes in circumstances that
affect the applicant's eligibility or need for benefits to the commissioner and
the county veterans service officer, department field operations claims
representative, or department tribal veterans service officer who assisted the
applicant while the application is pending.
Subp. 5.
Determining
eligibility.
The commissioner must administer benefits on a per application
basis. An applicant must complete a new application with current information
and supporting documents to reestablish eligibility and need for assistance if
the most recent application is closed.
Subp. 6.
Rescinding applications;
terminating benefits.
A. An applicant
or a recipient may rescind the application for benefits or terminate benefits
at any time.
B. To rescind an
application for benefits or terminate benefits, an applicant or a recipient
must submit a written request to the commissioner through the county veterans
service officer, department field operations claim representative, or
department tribal veterans service officer who assisted the applicant or
recipient.
C. The commissioner must
not reopen an application that is rescinded or a benefit that is
terminated.
Subp. 7.
Right to notice of decision.
The commissioner must provide written notice of approval,
partial approval, or denial to an applicant. A notification of approval or
partial approval must explain the type of benefit, the amount approved or
partially approved for the benefit, and the time periods covered by the
benefit. A notification of denial must state the reasons why the benefit was
denied and the right to appeal the denial.
Subp. 8.
Appeal rights and
procedures.
A. An applicant or a
recipient has the right to appeal the denial of a benefit and submit additional
or corrected information to the commissioner. The applicant or recipient must
state in writing the reasons for disagreeing with the commissioner's decision
and sign and date the appeal.
B. An
applicant or a recipient denied a benefit must submit an appeal within 60 days
of the denial notice. Failure to appeal in the allotted time forfeits all
rights to the appeal process. The commissioner must issue a decision to
approve, partially approve, or deny the benefit. The commissioner's decision is
the final agency action.
C. A
county veterans service officer, a department field operations claim
representative, or a department tribal veterans service officer must not appeal
the denial of a benefit without the written consent of the applicant or
recipient. A county veterans service officer, a department field operations
claims representative, or a department tribal veterans service officer may
assist in the appeal process.
D. A
vendor or contractor must not appeal a denial of benefits that would have
resulted in payment to the contractor or vendor.
Subp. 9.
Overpayment status.
A. A recipient of a benefit who receives an
amount greater than what is authorized is in overpayment status.
B. Overpayment includes a direct payment from
the commissioner to the recipient of the benefit or payment to a vendor or
contractor on behalf of the recipient in an amount greater than what is
authorized.
C. Overpayment status
is a bar to all members of a household from receiving future benefits until the
overpayment is corrected.
D. A
person in overpayment status must correct the overpayment by making a direct
payment to the commissioner.
Subp.
10.
Responsibility to pay for services.
A. The commissioner is not responsible to pay
for charges incurred from a vendor or contractor by a recipient of benefits
that are over the authorized benefit amount.
B. A recipient of benefits incurring the
charges over the authorized benefit amount is responsible for paying the
overage to the vendor or contractor who provided the services.
