PART III. 
GENERAL ASSISTANCE



TO
HOUSEHOLDS WITHOUT MINOR DEPENDENTS



 



Note



 



  Part heading amended by L 1997, c 200, §§6, 11; L 1998, c
127, §5.



 



§346-71  General assistance to households
without minor dependents.  (a)  The department of human services is
authorized to administer and provide public assistance to eligible persons who
are disabled, who are not otherwise provided for under this chapter, and who
are unable to provide sufficient support for themselves or those dependent upon
them; provided that such persons:



(1)  Have first been determined ineligible for a
comparable federally funded financial assistance program;



(2)  Are bona fide residents of this State; and



(3)  Have furnished to the department a social
security account number for each member of the assistance unit or verification
that an application was made with the Social Security Administration for a
social security account number for each member of the assistance unit.



Persons who meet the categorical criteria for
eligibility, but fail to satisfy income and resource criteria adopted by the
department shall not be eligible for general assistance to household without
minor dependents.  The failure of any adult member of the assistance unit to
comply with the requirements or conditions of general assistance to households
without minor dependents shall exclude the entire assistance unit from
receiving financial assistance.  However, when the adult member is disqualified
for not meeting the work requirement, the assistance unit shall not be disqualified
if the assistance unit was formed after the failure to meet the work
requirement occurred.  "Assistance unit" as the term is used in this
section means persons whose needs, income, and assets are considered in the
financial assistance payment and their dependents.



For purposes of determining whether persons
seeking assistance are bona fide residents of this State, the department of
human services shall consider, but is not limited to considering, the following
factors:



(1)  Enrollment and receipt of welfare benefits from
another jurisdiction;



(2)  Physical presence in the State;



(3)  Maintenance of a place of residence in the State;



(4)  The availability of furnishings and household and
personal effects sufficient to lead a reasonable person to conclude that the
place of residence is more than a public accommodation;



(5)  Qualification as to residence for purposes of
voting in the State;



(6)  Change in vehicle operation license;



(7)  Vehicle registration;



(8)  Enrollment of children in local schools; and



(9)  Bank accounts in this State or any other
jurisdiction.



(b)  A person between eighteen and sixty-five
years of age with a disability shall be eligible for general assistance to
households without minor dependents if the person:



(1)  Is determined to be needy in accordance with
standards established by this chapter and the rules adopted under subsection
(e);



(2)  Is unable to meet the disability requirements
established by the federal Supplemental Security Income Program or its
successor agency; and



(3)  Is unable to engage in any substantial gainful
employment because of a determined and certified physical, mental, or
combination of physical and mental disability.  Upon application, the
department shall ask the person whether the person has a physical or mental
disability, or both.  If the person claims to have both a physical and mental
disability, the department shall ask the person to choose whether the person's
primary disability is physical or mental.  Determination and certification of
the disability shall be as follows:



(A)  A determination and certification of
physical disability shall be made by a board of licensed physicians designated
and paid by the department.  Meetings of this board shall not be subject to
part I of chapter 92;



(B)  A determination and certification of
mental disability shall be made by a board of licensed psychologists or
licensed physicians whose specialty is in psychiatry.  This board shall be
designated and paid by the department.  Meetings of this board shall not be
subject to part I of chapter 92;



(C)  If a determination and certification is
made that the applicant does not have a physical, mental, or combination of a
physical and mental disability, prior to a denial of any claim, the department
shall provide the applicant with an initial denial notice that gives the
applicant at least ten calendar days to provide additional medical evidence. 
The notice shall refer the applicant to free legal services for assistance and
permit the applicant to request extensions of time, if necessary;



(D)  If a determination of physical, mental,
or  combination of a physical and mental disability is made, the person shall
accept and pursue appropriate medical treatment from a provider of the person's
choice.  The department shall promptly provide the person with a complete and
legible copy of the recommended appropriate treatment;



(E)  Any person, to continue to be certified as
mentally disabled, physically disabled, or both mentally and physically
disabled, shall be reevaluated annually, as provided by this section, and more
frequently, as required by the department; and



(F)  Failure to pursue appropriate medical
treatment shall result in a loss of eligibility, unless the failure is due to
good cause.  Good cause shall include but not be limited to:



(i)  Treatment is unavailable;



(ii)  Personal emergencies; and



(iii)  Circumstances that threaten the safety of
the patient.



The department shall adopt rules in accordance with
chapter 91 to define "good cause", as used in subparagraph (F), in
order to determine when treatment is unavailable, what constitutes a personal
emergency, what circumstances may threaten the safety of a patient, and other
factors that may constitute good cause.



As used in this subsection:



"Substantial gainful employment"
means at least thirty hours of work per week.



"With a disability" or "having a
disability" means a disability that extends for a period of over sixty
days.



Any person determined to be eligible under this
subsection may be referred to any appropriate state agency for vocational
rehabilitation services and shall be required to accept the services as a
further condition of eligibility for the receipt of general assistance to
households without minor dependents under this section.  An assistance unit
shall be determined ineligible for general assistance to households without
minor dependents if any adult member of the assistance unit fails to cooperate
with any appropriate state agency for vocational rehabilitation services after
being referred for services.  Any person found eligible under this subsection
may also be required to seek employment and participate in public work
projects, as described in section 346-31, and in public employment projects, as
described in section 346-102.



(c)  Applicants and recipients shall be
required to satisfy all applicable provisions of this section.  Recipients
disqualified for failure to comply with any of the requirements under this
section shall be excluded from general assistance to households without minor
dependents for a period not to exceed twelve months.



(d)  The allowance for general assistance to
households without minor dependents shall not exceed sixty-two and one-half per
cent of the standard of need.



(e)  Within the limitations of this section,
the department shall by rules adopted pursuant to chapter 91, determine:



(1)  The allowance for general assistance to
households without minor dependents based upon the total amount appropriated
for general assistance to households without minor dependents;



(2)  A method for determining assistance amounts; and



(3)  Other necessary provisions to implement general
assistance to households without minor dependents. [L 1941, c 296, pt of §1; RL
1945, §4863; am L 1951, c 291, §1; am L 1953, c 153, §15; RL 1955, §108-41; am
L Sp 1959 2d, c 1, §12; HRS §346-71; am L 1970, c 105, §5; am L 1971, c 203,
§1; am L 1973, c 177, §3; am L Sp 1974, c 1, §1; am L 1978, c 103, §2; am L
1979, c 175, §§1 to 3; am L 1981, c 119, §1; am L 1982, c 99, §1; am L 1985, c
24, §1; gen ch 1985; am L 1987, c 290, §3 and c 339, §4; am L 1989, c 12, §1
and c 234, §1; am L 1995, c 166, §2; am L 1996, c 289, §2; am L 1997, c 200, §7
and c 354, §3; am L 1998, c 127, §2; am L 2003, c 105, §1; am L 2004, c 208,
§1]



 



Case Notes



 



  Section, as amended by Act 166 [L 1995], violated neither
Title II of Americans with Disabilities Act, nor the equal protection and due
process clauses of the U.S. Constitution.  83 F.3d 1150.



  Under federal regulations, income tax refund is not
"income" for determining need for benefits.  396 F. Supp. 375.



  Inability to engage in substantial gainful employment.  67 H.
560, 698 P.2d 280.



  Where administrative rules failed to set forth the method by
which department determined general assistance amounts, and the method used by
department to determine amounts was adopted without compliance with chapter 91,
administrative rules contravened statutory mandate of subsection (f) (1996) and
were thus void and unenforceable.  88 H. 307, 966 P.2d 619.



  Authorizes suit by eligible recipients to recover benefits
wrongfully denied.  6 H. App. 160, 715 P.2d 813.