16 Del. Admin. Code § 2000-2000
7 CFR 273.2, 45 CFR 206.10, 45 CFR 98.1(b)(1)
An application for assistance allows DSS to determine an applicant's eligibility for benefits.
| * | Potential eligibility for assistance, |
| * | Right to an eligibility decision within a reasonable period of time, and |
| * | Right to appeal any DSS eligibility decision. |
| Note: Policies specific to Medical Assistance applications and processing timelines are found in DSSM 14100. |
Applicants must submit a completed and signed application or Request for Assistance to DSS to begin the process for determining eligibility for benefits.
Related policies:
DSSM 2000.5
DSS must interview individuals applying for assistance before eligibility for benefits can be determined.
Related policies:
DSSM 2000.5, 9041, 14100.3
Each DSS office must maintain a daily log to record when applications are received.
| * | Date stamp each application, |
| * | Record the date and location that each application for assistance is received, and |
| * | Process each application in the DSS eligibility system. |
DSS will process all filed applications for benefits and will promptly send a notice of the determination to the applicant.
| * | Approved - The applicant is found eligible for assistance and benefits can begin, |
| * | Withdrawn - The applicant chose to terminate the application process, or |
| * | Denied - The applicant does not meet eligibility requirements and benefits will not begin. |
DSS will approve eligible applicants and send notice of acceptance as soon as possible, but no later than thirty (30) days following the application filing date. The filing date is the date the applicant completes, signs, and returns at least the first page of the application form to the correct DSS location.
Applicants who are ineligible will be sent a denial notice as soon as possible, but not later than thirty (30) days following the application filing date. If the applicant has failed to appear for an interview and has made no subsequent contact with the agency, DSS will send a denial notice on the 30th day following the application date. The applicant must file a new application to be reconsidered for benefits.
In cases where verification is incomplete, the applicant must provide missing verification by the 30th day following the application filing date. If verification is not provided by that date, the application is denied unless this deadline does not allow the applicant at least ten (10) days to return information. (This will occur when the application interview is held 21 or more days after the application is filed.) In these situations, the application can pend beyond thirty (30) days to allow at least ten (10) days for return of missing verification.
In all cases, the client must be informed via Form 105 of the verification that is needed and of the last day that it will be accepted. The application may continue to pend for an additional ten (10) days if the client has returned all verification originally requested and is asked to obtain further verification as a result of agency error. In that situation, the application is approved when the additional verification is submitted, but benefits are issued from the date that the original verification was submitted. If verification is not provided by the deadline, a denial notice is sent to the applicant.
In cases where there is a pending claim for cash benefits (e.g., U.C.), the worker must find out if a decision regarding the claim will be made within thirty (30) days from the application filing date. If a decision is anticipated in that timeframe, the application is not approved until the decision is reached. In those cases, income from the approved claim is included when determining financial eligibility and the amount of the grant. If a decision is not anticipated within the thirty (30) day period, the worker must determine eligibility based on the clients current situation and set a control to check the claim when a decision is anticipated.
In situations where an applicant is ineligible in the month of application, but will be eligible in subsequent months because of anticipated changes, the same application is used to deny benefits in the month of application and determine eligibility in the month following the month of application. In such instances the client need not reapply.
For cash assistance cases in which an individual is being added to an existing open assistance unit, add the person to the unit effective the date that the new member was reported to DSS. A separate face-to-face interview will not be required, but when adding the individual review eligibility factors such as income, resources, and relationship. DSS will verify that the individual resides in the home. DSS will add the individual to the most recent application with a note listing the date of report. A prorated supplemental cash assistance benefit will be issued effective the date the person was added to the assistance unit.
When an individual is being opened in a new assistance unit, the payee will need to add that person to the most recent application. In this case, the signature of the payee on the application will be required. DSS will review the application for eligibility. A prorated cash assistance benefit will be issued from the date the individual was opened.
Adding newborns to the assistance unit is effective the date of the child's birth whether or not the payee needs to resign the most recent application.
Example: Mrs. Jones is open in an A1 case with her two children. On 5/15, she reports that she had a baby born on 5/14. DSS will add the baby to the most recent application and request verification for eligibility. The baby is added to her A1 case effective 5/14. A TANF supplement is issued from 5/14 - 5/31. The Food Stamp supplement is issued from 5/1 - 5/31.
Example: Mrs. Jones is open in an A1 case with two of her children. On 6/13 she reports that her 14 year old son is no longer living with his father but living with her. DSS will add her son to the most recent application and review for eligibility. Her son is added to the TANF assistance unit and the Food Stamp household effective the date of report which is 6/13. A TANF supplemental benefit is issued from 6/13 - 6/30. The Food Stamp supplement is issued from 6/1 - 6/30.
Example: Mrs. Jones and her children are open in an A1 case. On 3/23 she reports that her niece is now living with her. DSS will set up an A2 case for her niece with Mrs. Jones as payee. DSS will add the niece to the most recent application. DSS will need to review eligibility factors and have Mrs. Jones resign the application. The effective date of the cash assistance benefit is when the eligibility factors have been reviewed, verified, and the application has been signed by Mrs. Jones.
For Food Stamps, add the individual to the household effective the first of the month in which the new household member was reported to DSS. A full supplement is issued for the month a new household member is added to the food stamps. Food Stamp supplements cannot be prorated during a certification period. DSS will need to verify eligibility factors even though a new application and signature by the payee is not required.
16 Del. Admin. Code § 2000-2000
23 DE Reg. 53( 7/1/2019) (Final)