Section 17-681-45 - Conditions for receipt of a state loan(a) The individual shall execute a written agreement with the department at the time application for the loan is made.(b) If the individual fails to inform the department of the individual's application for SSI at the time the SSI application is made, one of the following actions shall be taken when the department becomes aware of the individual's application for SSI: (1) If the individual's determination for SSI has not yet been made, the individual shall be required to execute a written agreement retroactive to the date application for SSI was made as a part of the individual's eligibility requirement for state funded TANF, GA or state AABD and shall be placed on loan status retroactively;(2) If the individual has already been found to be ineligible for SSI, the department's eligibility worker shall document in the individual's case record the facts related to the individual's application for SSI, the determination of ineligibility, and the individual's reasons for not informing the agency; or(3) If the individual has already been found eligible for SSI and has received or is expected to receive the retroactive SSI payment, the department shall pursue, as applicable, an overpayment refund or investigation or prosecution of fraud.(c) The written agreement shall enable the department to receive the retroactive SSI payment directly from the federal government so that the department may obtain reimbursement for the loan.(d) In the written agreement the individual shall agree to: (1) Repay the department from the retroactive SSI payment: (A) The exact amount of the loan if the retroactive payment is equal to or more than the amount of the loan; or(B) The total amount of the retroactive SSI if the payment is less than the amount of the loan;(2) For a case in which an appeal is pursued, the state loan and all requirements and conditions for the receipt of the loan shall be continued in effect until the individual abandons the appeal process or the individual no longer has any recourse; and(3) Be ineligible for an outright state funded TANF, GA or state AABD payment until such time as the individual is determined categorically ineligible for federal SSI. If the individual appeals the SSI ineligibility decision, the individual shall continue to be ineligible for an outright state funded TANF, GA or state AABD payment until the appeal process is completed or until the individual has no further recourse.[Eff 3/19/93; am 9/26/97; am and comp 6/24/13] (Auth: HRS § 346-14) (Imp: HRS §§ 346-34, 346-57)