Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3151 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 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.
(v) Pension
				payments.
(vi) Disability or
				retirement benefits.
(vii) Earned
				but unpaid wages.
(viii) Strike
				pay.
(ix) Vacation pay.
(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.