PART III. GENERAL ASSISTANCE

TOHOUSEHOLDS WITHOUT MINOR DEPENDENTS

 

Note

 

  Part heading amended by L 1997, c 200, §§6, 11; L 1998, c127, §5.

 

§346-71  General assistance to householdswithout minor dependents.  (a)  The department of human services isauthorized to administer and provide public assistance to eligible persons whoare disabled, who are not otherwise provided for under this chapter, and whoare unable to provide sufficient support for themselves or those dependent uponthem; provided that such persons:

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

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

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

Persons who meet the categorical criteria foreligibility, but fail to satisfy income and resource criteria adopted by thedepartment shall not be eligible for general assistance to household withoutminor dependents.  The failure of any adult member of the assistance unit tocomply with the requirements or conditions of general assistance to householdswithout minor dependents shall exclude the entire assistance unit fromreceiving financial assistance.  However, when the adult member is disqualifiedfor not meeting the work requirement, the assistance unit shall not be disqualifiedif the assistance unit was formed after the failure to meet the workrequirement occurred.  "Assistance unit" as the term is used in thissection means persons whose needs, income, and assets are considered in thefinancial assistance payment and their dependents.

For purposes of determining whether personsseeking assistance are bona fide residents of this State, the department ofhuman services shall consider, but is not limited to considering, the followingfactors:

(1)  Enrollment and receipt of welfare benefits fromanother jurisdiction;

(2)  Physical presence in the State;

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

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

(5)  Qualification as to residence for purposes ofvoting 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 otherjurisdiction.

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

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

(2)  Is unable to meet the disability requirementsestablished by the federal Supplemental Security Income Program or itssuccessor agency; and

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

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

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

(C)  If a determination and certification ismade that the applicant does not have a physical, mental, or combination of aphysical and mental disability, prior to a denial of any claim, the departmentshall provide the applicant with an initial denial notice that gives theapplicant at least ten calendar days to provide additional medical evidence. The notice shall refer the applicant to free legal services for assistance andpermit 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 shallaccept and pursue appropriate medical treatment from a provider of the person'schoice.  The department shall promptly provide the person with a complete andlegible copy of the recommended appropriate treatment;

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

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

(i)  Treatment is unavailable;

(ii)  Personal emergencies; and

(iii)  Circumstances that threaten the safety ofthe patient.

The department shall adopt rules in accordance withchapter 91 to define "good cause", as used in subparagraph (F), inorder to determine when treatment is unavailable, what constitutes a personalemergency, what circumstances may threaten the safety of a patient, and otherfactors 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 adisability" means a disability that extends for a period of over sixtydays.

Any person determined to be eligible under thissubsection may be referred to any appropriate state agency for vocationalrehabilitation services and shall be required to accept the services as afurther condition of eligibility for the receipt of general assistance tohouseholds without minor dependents under this section.  An assistance unitshall be determined ineligible for general assistance to households withoutminor dependents if any adult member of the assistance unit fails to cooperatewith any appropriate state agency for vocational rehabilitation services afterbeing referred for services.  Any person found eligible under this subsectionmay also be required to seek employment and participate in public workprojects, as described in section 346-31, and in public employment projects, asdescribed in section 346-102.

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

(d)  The allowance for general assistance tohouseholds without minor dependents shall not exceed sixty-two and one-half percent 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 tohouseholds without minor dependents based upon the total amount appropriatedfor general assistance to households without minor dependents;

(2)  A method for determining assistance amounts; and

(3)  Other necessary provisions to implement generalassistance to households without minor dependents. [L 1941, c 296, pt of §1; RL1945, §4863; am L 1951, c 291, §1; am L 1953, c 153, §15; RL 1955, §108-41; amL 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 L1979, c 175, §§1 to 3; am L 1981, c 119, §1; am L 1982, c 99, §1; am L 1985, c24, §1; gen ch 1985; am L 1987, c 290, §3 and c 339, §4; am L 1989, c 12, §1and c 234, §1; am L 1995, c 166, §2; am L 1996, c 289, §2; am L 1997, c 200, §7and 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 neitherTitle II of Americans with Disabilities Act, nor the equal protection and dueprocess 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 bywhich department determined general assistance amounts, and the method used bydepartment to determine amounts was adopted without compliance with chapter 91,administrative rules contravened statutory mandate of subsection (f) (1996) andwere thus void and unenforceable.  88 H. 307, 966 P.2d 619.

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