Section R. 400.3151 - DefinitionsRule 1. As used in these rules:
(a) "Administrative hearing" means the impartial review by an administrative law judge of a department decision that a client believes is illegal or unsatisfactory. Both the client and the department may present evidence in support of their respective positions.(b) "Administrative recoupment" means a process by which a groups benefits are reduced to make payments on an overissuance.(c) "Agency errors" means overissuances caused from incorrect actions by the department.(d) "Application" means a signed and dated statement on a form prescribed by the department that a person wishes to receive state disability assistance.(e) "Application filing date" means the date an application with minimum required information is received by the department.(f) "Authorized representative" means a person who is not less than 18 years of age and who applies for assistance on behalf of a client or otherwise acts on a client's behalf, or both. The person may be, but is not limited to, a guardian, spouse, or relative outside the group.(g) "Available date" means the date an assistance benefit was issued.(h) "Client" means a person applying for, currently receiving program benefits, inquiring about benefits, or is part of the program group.(i) "Client error" means the department has taken all actions required under normal processing procedures but the client has given incorrect or incomplete information or failed to meet other requirements which impact the amount of program benefits and the error has not been determined as intentional. An overissuance that results from department action being discontinued due to a client's administrative hearing request is client error if a client withdraws his or her request, fails to show for the administrative hearing, or the department's action is upheld at the hearing.(j) "Collateral contact" means contact with an information source other than the client through written correspondence, a telephone interview, or an in-person interview.(k) "Crediting" means returning the warrant amount to treasury.(l) "Department" means the Michigan department of human services.(m) "Disqualification" means a department penalty action for a person who is ineligible for program benefits because an eligibility factor has not been met or because the person refuses or fails to cooperate in meeting an eligibility factor.(n) "Domiciliary care" means a type of care given to residents in a special living arrangement whose principal need is supervision and who are generally able to perform the basic activities of daily living, such as eating, bathing, and dressing.(o) "Group" means the state disability assistance group.(p) "Head of household" means the person who is customarily responsible for the verbal and written communication between the eligible group and the department and in whose name program benefits are generated and received.(q) "Institution" means an establishment that furnishes food, shelter, and some treatment or services to more than 3 people who are unrelated to the proprietor.(r) "Intentional program violation" means an action that occurs when a client or authorized representative intentionally withholds or misrepresents information for the purpose of obtaining benefits for which he or she would not otherwise be eligible. An overissuance becomes an intentional program violation if a client or client's authorized representative is found to be responsible for an intentional program violation by a court, or as a result of an administrative hearing, or has signed a disqualification agreement.(s) "Mandatory vendoring" means an agency payment of assistance amounts, without client request, directly to the client's landlord, mortgage holder, or land contract holder and to the providers of the client's home heating and electricity services.(t) "Monthly payment amount" means the amount of assistance paid to a group after deductions for vendoring and any department recoupment.(u) "Overissuance" means that a group receives more benefits than it is eligible to receive.(v) "Overissuance period" means the time period during which the overissuance occurred(w) "Overissuance type" means the reason an overissuance occurred. Types of overissuances are agency error, client error, and client intentional program violation.(x) "Pay period" means the first through the fifteenth of the month or the sixteenth through the end of the month.(y) "Personal care" means assistance that is provided to a person who needs help in performing personal daily activities, such as cooking, eating, grooming, shopping, and taking medication.(z) "Potential benefits" means any of the following benefits:(i) Retirement, survivors, and disability insurance.(ii) Worker's compensation benefits.(iii) Veterans administration benefits.(iv) Railroad retirement benefits.(vi) Disability or retirement benefits.(vii) Earned but unpaid wages.(x) Supplemental security income.(xi) Family independence program benefits.(xii) Other than state-funded, needs-based programs, any other financial benefits for which potential eligibility exists and which may reduce the state disability assistance program benefit.(aa) "Program group" means those persons living together whose income and assets must be counted in determining eligibility for state disability assistance.(bb) "Provider" means a person or agency that furnishes services to a client.(cc) "Reapplication" means an application for state disability assistance after a previous case has been closed.(dd) "Recoupment" means the process by which the department recovers an overissuance of program benefits.(ee) "Redetermination" means a review of continuing eligibility for state disability assistance.(ff) "Redirecting" means routing a warrant to a different address.(gg) "Reinstatement" means restoring a closed assistance case to active status without a new application/redetermination form.(hh) "Repayment" means an action by a client to pay back benefits received.(ii) "Restricted payments" means mandatory payment made to a person other than the client in the form of vendor payments or third-party payments due to a third-party resource disqualification or money mismanagement.(jj) "Returned warrants" means uncashed warrants received by the local department office or treasury.(kk) "Special living arrangement" means any of the following:(A) An adult foster care facility.(C) A substance abuse treatment center.(E) A long-term care facility.(ll) "State disability assistance group" means the members of a program group who receive state disability assistance.(mm) "Stop payment" means a department directive to treasury to not honor a warrant.(nn) "Third-party payments" mean an agency payment of a clients entire assistance benefit, without client request, to an agency or person outside the eligible group for management of the assistance on behalf of the group.(oo) "Third-party resource" means a person, entity, or program that is, or might be, liable to pay all or part of a group member's medical expenses.(pp) "Treasury" means the Michigan department of treasury.(qq) "Underissuance" means that a group receives less cash assistance than it is eligible to receive.(rr) "Verification" means documentation or action taken that provides evidence establishing the accuracy of a client's verbal or written statements.(ss) "Voluntary vendoring" means a payment system whereby, at the groups request, the department sends part of the groups cash assistance directly to the provider for payment of the groups shelter, heat, or electricity.(tt) "Warrant date" means the date shown on a warrant .For regular client and vendor warrants, the warrant date is the expected date of delivery. For replacement warrants, the warrant date is the date the warrant was mailed.Mich. Admin. Code R. 400.3151
1998-2000 AACS; 2015 MR 6, Eff. March 24, 2015