S.C. Code Regs. § § 114-1120

Current through Register Vol. 48, No. 10, October 25, 2024

Section 114-1120 - Application and Application Processing

A. Application for Assistance. Each individual wishing to do so shall have the opportunity to apply for assistance without delay. Under this requirement:

(1) The Department shall require a written application, signed under a penalty of perjury, on a form prescribed by the Department (including those items in Section 43-5-65(a) of the 1976 South Carolina Code), from the applicant himself, or his authorized representative, or, where the applicant is incompetent or incapacitated, someone acting responsibly for him.

(2) An applicant may be assisted, if he so desires, by an individual(s) of his choice (who need not be a lawyer) in the various aspects of the application process and the redetermination of eligibility and may be accompanied by such individual(s) in contacts with the Department and when so accompanied may also be represented by them.

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:

(1) The date the award is authorized if that date is in the same month as the month of application; or

(2) The first day of the month in which the thirtieth day from date of receipt of a completed and signed application falls.

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:

(1) The applicant voluntarily withdraws his application, and there is an entry in the case record that a notice has been sent to confirm the applicant's notification to the Department that he does not desire to pursue his application; or

(2) There is an entry in the case record that the application has been disposed of because the applicant died or could not be located.

I. Redetermination of Eligibility. Where an individual has been determined to be eligible; eligibility will be reconsidered or redetermined:

(1) When required on the basis of information the Department has obtained previously about anticipated changes in the individual's situation;

(2) Promptly, after a report is obtained which indicates changes in the individual's circumstances that may affect the assistance to which he is entitled and that may make him ineligible; and

(3) At least one redetermination must be made in each case once in every 12 months.

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.

(1) The Department shall specify the groups of individuals, based on reasonable classifications, that will be included in the Program, and all the conditions of eligibility that must be met by the individuals in the groups. The groups selected for inclusion in the State Plan and the eligibility conditions imposed must not exclude individuals or groups on an arbitrary or unreasonable basis, and must not result in inequitable treatment of individuals or groups. There must be clarity as to what groups are included in the State Plan.

(2) Eligibility conditions must be applied on a consistent and equitable basis throughout the State.

(3) Eligibility conditions or Department procedures or methods must not prevent an individual form applying and obtaining a determination of eligibility or ineligibility.

(4) Methods of determining eligibility must be consistent with the objective of assisting all eligible persons to qualify.

N. Need and Amount of Assistance.

(1) The determination of need and amount of assistance for all applicants and recipients will be made on an objective and equitable basis and all types of income will be taken into consideration in the same way except where otherwise specifically authorized by state statute.

(2) The needs, income, and resources of individuals receiving Supplemental Security Income (SSI) benefits under Title XVI of the Social Security Act, individuals with respect to whom Federal foster care payments are made, individuals with respect to whom State or local foster care payments are made, individuals with respect to whom Federal adoption assistance payments are made, or individuals with respect to whom State adoption assistance payments are made, for the period for which such benefits or payments are received, shall not be included in determining the need and the amount of the assistance payment.

(3) When the Department learns of an individual who is required to be included in the assistance unit, the Department must redetermine the assistance unit's eligibility and payment amount.

(4) In determining need and the amount of payment for the assistance unit, all income and resources of an individual required to be in the assistance unit, but subject to sanction are considered available to the assistance unit to the same extent that they would be if the person were not subject to a sanction.

S.C. Code Regs. § 114-1120

Added by State Register Volume 19, Issue No. 5, eff May 26, 1995. Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.