South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 11 - FAMILY INDEPENDENCE PROGRAM
Section 114-1120 - Application and Application Processing
Current through Register Vol. 48, No. 3, March 22, 2024
A. Application for Assistance. Each individual wishing to do so shall have the opportunity to apply for assistance without delay. Under this requirement:
B. Beginning Date of Assistance. Provided the eligible applicant is alive on the date the application is approved, assistance begins on the earlier of the two following dates:
C. Standard of Promptness. A decision shall be made promptly on applications, not in excess of thirty days, except for a benefit group in sanctioned status. A benefit group in sanctioned status which must demonstrate compliance with a work requirement will have its application acted upon within five working days after the end of the thirty-day compliance period. Under this requirement, the applicant is informed of the time standard in acting on applications which covers the time from date of application to the date that the notification of approval for an assistance benefit or notification of denial of assistance is mailed to the applicant or recipient. The standard of promptness for acting on applications or redetermining eligibility shall not be used as a waiting period before granting assistance or as a basis for denial of an application or for terminating assistance.
D. Applicants' Rights and Responsibilities. Applicants shall be informed about the eligibility requirements and their rights and responsibilities and the responsibilities of the Department under the FI Program. Under this requirement, individuals are given information in written form, and orally as appropriate, about coverage, conditions of eligibility, scope of the program, and related services available, and the rights and responsibilities of applicants for and recipients of assistance. Specifically developed bulletins or pamphlets explaining the rules regarding eligibility and appeals in simple, understandable terms shall be available.
E. Income and Eligibility Verification System. All applicants for and recipients of assistance shall be notified in writing at the time of application and on redetermination that income information will be regularly requested from agencies specified by the federal government in the Income Eligibility Verification System (IEVS) and that it will be used to aid in determining their eligibility for and amount of assistance. Assistance will not be denied, delayed, or discontinued pending receipt of income or other information requested under IEVS, if other evidence establishes the individual's eligibility for assistance.
F. Adequate Notice. Adequate notice shall be sent to applicants to indicate that assistance has been authorized, including the amount of financial assistance or that it has been denied.
G. Prompt Furnishing of Assistance. Financial assistance and services shall be furnished promptly to eligible individuals without any delay attributable to administrative process, and shall be continued regularly to all eligible individuals.
H. Eligibility Decision. Each decision regarding eligibility or ineligibility will be supported by facts in the applicant's or recipient's case record. Under this requirement, each application is disposed of by a finding of eligibility or ineligibility unless:
I. Redetermination of Eligibility. Where an individual has been determined to be eligible; eligibility will be reconsidered or redetermined:
J. Timely and Adequate Notice. In cases of proposed action to terminate, discontinue, suspend or reduce assistance, the Department shall give timely and adequate notice. Timely notice means a notice mailed at least ten calendar days before the change would become effective. The change in benefit would take effect on the first day of the month following the month in which the tenth day falls. Adequate notice means a notice which is mailed not later than the date of action. Both timely and adequate notices must contain a statement of the action taken, the reasons for it, and an explanation of the individual's right to request a hearing.
K. Individual's Rights. Standards and methods for determination of eligibility shall be consistent with the objectives of the programs, and will respect the rights of individuals under the United States Constitution, the Social Security Act, Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, and all other relevant provisions of Federal and State laws.
L. Program Oversight. The State Office and/or Regional Offices shall establish and maintain methods by which they shall be kept currently informed about local department adherence to the Department's provisions and procedural requirements for determining eligibility, and it shall take corrective action when necessary. Bi-annual reports shall be made by the Regional Offices regarding local office compliance to the State Office.
M. General Provisions Regarding Coverage and Eligibility.
N. Need and Amount of Assistance.