16 Del. Admin. Code § 9000-9040

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9000-9040 - Delays in Processing

[273.2(h)]

If the agency does not determine a household's eligibility and provide an opportunity to participate within 30 days following the date the application was filed, the agency will take the following action:

A. Determining Cause - The agency must have taken the following actions before a delay is considered the fault of the household:

1. For households that failed to complete the application form: offered or attempted to offer assistance in its completion.

2. For households with members who failed to register for work: informed the household of the need to register for work, determined if the household members are exempt from work registration, and given at least ten (10) days to do so.

3. In cases where verification is incomplete, DSS must have provided the household with a statement of required verification (Form 105) and offered to assist the household in obtaining required verification and allowed the household sufficient time to provide the missing verification.

A delay is considered the fault of the household if the household has failed to complete the application process even though DSS has taken all action required to assist the household. DSS must have taken the following actions before a delay can be considered the fault of the household:

For households that have failed to complete the application form, offer, or attempt to offer, assistance in its completion.

Where verification is incomplete, provide assistance as required in DSSM 9035. Allow the household sufficient time to provide the missing verification. Sufficient time is at least ten (10) days from the date of the initial request for the particular verification that was missing.

4. For households that have failed to appear for an interview, DSS must notify the household that it missed the scheduled interview and that the household is responsible for rescheduling the missed interview. If the household contacts DSS within the 30-day processing period, DSS must schedule a second interview. If the household fails to schedule a second interview, or the subsequent interview is postponed at the household's request or cannot otherwise be rescheduled until after the 20th day but before the 30th day following the date the application was filed, the household must appear for the interview, bring verification, and register members for work by the 30th day; otherwise, the delay will be the fault of the household. If the household has failed to appear for the first interview, fails to schedule a second interview, and/or a subsequent interview is postponed at the household's request until after the 30th day following the date the application was filed, the delay will be the fault of the household. If the household has missed both scheduled interviews and requests another interview, any delay will be the fault of the household.

B. Determine Fault of the Household

1. If by the 30th day the agency cannot take any further action on the application due to the fault of the household, send a notice of denial. If the household takes the required action within 60 days of the date the application was filed, reopen the case without requiring a new application.

2. The household is not entitled to benefits for the month of application when the delay was the fault of the household.

C. Determine Fault of DSS

1. Whenever a delay during the initial 30-day period is agency fault, take immediate corrective action. Notify the household of any action it must take to complete the application. If verification is lacking, hold the application pending for only 30 days following the date of the initial request.

2. Do not deny the application if DSS caused the delay. Instead, notify the household by the 30th day following the date the application was filed that its application is being held pending.

3. If the household is found to be eligible during the second 30-day period, the household will be entitled to benefits retroactive to the month of application. If, however, the household is found to be ineligible, deny the application.

D. Delays beyond 60 Days

1. If DSS is at fault for not completing the application process by the end of the second 30-day period, and the case file is otherwise complete, continue to process the original application until an eligibility determination is reached. If the household is determined eligible, and DSS was at fault for the delay in the initial 30 days, give the household benefits retroactive to the month of application. However, if the initial delay was the household's fault, give the household benefits retroactive only to the month following the month of application. Use the original application to determine the household's eligibility in the months following the 60-day period.

2. If DSS is at fault for not completing the application process by the end of the second 30- day period, but the case file is not complete enough to reach an eligibility determination, deny the case and notify the household to file a new application. If the case is denied, advise the household of its possible entitlement to benefits lost as a result of DSS caused delays in accordance with DSSM 9011. If DSS was also at fault for the delay in the initial 30 days, the amount of benefits lost would be calculated from the month of application. If, however, the household was at fault for the initial delay, the amount of benefits lost would be calculated from the month following the month of application.

3. If the household is at fault for not completing the application process by the end of the second 30-day period, deny the application and require the household to file a new application. As DSS has chosen to hold an application pending only until 30 days following the date of the initial request for the particular verification that was missing, if the verification is not received by that 30th day, immediately deny the application. A notice of denial need not be sent if the notice of pending status informed the household that it would have to file a new application if verification was not received within 30 days of the initial request. The household will not be entitled to any lost benefits, even if the delay in the initial 30 days was the fault of DSS.

16 Del. Admin. Code § 9000-9040