Current through Register Vol. 46, No. 39, September 25, 2024
In determining initial and continuing eligibility,
current employment, past employment, employability and work-related benefits
shall be fully explored and verified. The applicant or recipient shall be
required to seek and accept employment in which he is able to engage, to
utilize placement facilities and to make application for work-related
benefits.
(a) Present employment.
(1) Income from wages. The employment and
earnings of an employed applicant or recipient must be verified, including the
name and address of employer, social security number, work classification, date
employment started, amount of gross and net wages, items covered by deductions,
exemptions and number of dependents claimed for income tax purposes.
(2) Income from self-employment or small
business. The facts and conditions of a business owned or operated by an
applicant or recipient must be explored and verified insofar as possible,
including operating costs, gross sales, net profits, current inventory,
accounts receivable, accounts payable, general financial history, and present
and future prospects. A careful analysis and appraisal of these facts is
required as a basis for counseling the owner on liquidation or continuance of
the business. The social security number must be secured. If the business has
been in existence for three years, the social services district must review the
business to determine if the business has the potential for future growth. If
the social services district determines that the business has no potential for
future growth, and does not produce income at least equal to that which could
be expected from employment, the applicant or recipient must be required as a
condition of eligibility to liquidate the business. If, after the social
services district conducts the review of the business, the district determines
that there is potential for growth of the business, the social services
district may defer the requirement that the applicant or recipient liquidate
the business for a period of up to an additional two years.
(b) Past employment. An employment
history shall be obtained and verified where practicable for each applicant or
recipient with previous work experience, for a period sufficient to determine
his presumptive eligibility for work-related benefits, his occupational
experience, his work record, and the possibilities for reemployment. The
employment history shall include names and addresses of former employers,
social security number, dates of employment and the nature of work performed.
In the case of recently employed, employable persons the information shall
include the amount of weekly wages and reason for termination of
employment.
(c) Work-related
benefits.
(1) The agency shall explore
eligibility for work-related benefits, require presumptively eligible persons
to make application therefor, and verify the receipt of benefits in accordance
with the applicable board rules, department regulations, and the procedures and
forms required by the department or administrative agency for clearance of such
benefits.
(2) OASDI benefits shall
be deemed an available resource that must be utilized as a condition of
eligibility, including benefits available for retired workers and the wives of
retired workers at age 62 and for widows at age 60. Exceptions may be made in
short-term cases where need is presumed to continue for not more than three
months. Where need is presumed to be temporary and no referral is made, the
case record should clearly state the reason for the decision.
(3) Special OASDI age-72 benefits shall be
deemed an available resource that must be utilized as a condition of
eligibility, except when a cash assistance applicant and/or recipient would be
disadvantaged by receipt of such benefits.
