reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Food Stamp Program › Section R. 400.3011 - Benefit overissuance collection and repayment actions

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				department shall seek recoupment of food assistance program (FAP) benefit
				overissuances from active or inactive FAP groups by cash repayment or benefit
				reduction through administrative recoupment processes.
(2) The department shall seek recoupment of
				benefit overissuances from any adult who was a group member when the
				overissuance occurred.
(3) If the
				overpaid FAP group did not include a qualified or disqualified adult at the
				time of the overissuance, then a collection action will not be initiated unless
				the overissuance was established through court action or by obtaining a signed
				repayment agreement.
(4) The
				department shall recoup overissuances to active FAP cases through benefit
				reduction, unless cash payments are ordered by a court.
(5) If an overissuance is not paid in full,
				then FAP benefits will be reduced by the percentage specified in the food and
				nutrition act of 2008,
				7 U.S.C.
				§2022(b).
(6) If a court orders cash repayment and the
				active FAP client does not make regular cash payments, then the department
				shall change the collection method to benefit reduction.
(7) Local department office's may pursue
				collection from estates through probate court claim action for a person who
				dies and has an overissuance balance.
(8) A payment received as restitution under
				the terms of probation will reduce the balance owed, but the completion of the
				probation period or the performance of a requirement of probation does not
				reduce the amount owed in excess of the actual dollar amount paid toward the
				overissuance.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3103 - Returned warrants

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				department may rewrite returned warrants if a group was eligible for cash
				assistance during the period covered by the original warrant.
(2) A group is presumed ineligible under any
				of the following circumstances:
(a) The post
				office returned a client warrant to the treasury as undeliverable and the group
				has not contacted the department regarding the warrant.
(b) A warrant remains uncashed for more than
				30 calendar days from the warrant date and the group has not contacted the
				department regarding the warrant.
(c) A group fails to contact the department
				by the disposition deadline for a warrant returned or delivered to the local
				department office.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3104 - Replacement policies for warrants reported lost, stolen, not received, or destroyed

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A group
				is eligible for replacement of unendorsed warrants reported lost, stolen, not
				received, or destroyed if 1 or more of the following conditions are complied
				with:
(a) The group completes a stop
				payment/replacement request affidavit. For a stolen warrant, a group shall file
				a police report, unless replacement of the warrant is made after recovery of
				the warrant amount.
(b) A group or
				provider contacts the post office to verify delivery of a warrant that was
				issued but not received. If delivery is verified, then the warrant is
				considered lost. If delivery cannot be verified, then the warrant is considered
				to be a warrant that is not received.
(c) For a warrant that is not received, a
				group or provider completes a stop payment/replacement request affidavit not
				earlier than the day after the fourth mail delivery day after the warrant
				date.
(d) Under any of the
				following circumstances, a warrant shall be replaced only after recovery of the
				original warrant amount:
(i) Replacement is
				requested more than 30 calendar days after the warrant date.
(ii) The group has previously requested a
				replacement after cashing the original warrant.
(iii) The group did not file a police report
				on a stolen warrant.
(iv) The case
				is closed or closure is pending.
(v) The warrant to be replaced is a
				replacement warrant or a vendor warrant.
(e) If a warrant is cashed by a recipient of
				the cash assistance case, then a request for stop payment will not be taken and
				a replacement warrant will not be issued.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3105 - Supplemental benefits policy for cash assistance

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				department shall issue supplemental benefits (a supplement) to correct an under
				issuance.
(2) A supplement is
				offset by over issuances for which collection actions have not yet begun. The
				amount of the over issuance is subtracted from the amount of the supplement, up
				to the amount of the supplement.
(3) A supplement shall be issued promptly
				upon receipt by the department of verification of a change in circumstances
				resulting in increased need or when the department becomes aware of an agency
				error that resulted in an under issuance.
(4) The department shall issue a supplement
				back to the month following the month verification shows the need began, but no
				earlier than the month that the group reported the change in
				circumstances.
(5) The department
				shall not issue a supplement for a period before the eligibility effective date
				for the program.
(6) The department
				shall give a group adequate notice that a supplement has been authorized or
				denied.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3106 - Restricted payments to groups

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A group
				shall have mandatory vendoring or third-party payments initiated when the
				department determines that the grantee's negligence resulted in mismanaged
				funds and has endangered the health or safety of a child.
(2) The department shall to initiate
				third-party payments or mandatory vendor payments based on the seriousness of
				the group's circumstances, the availability of a competent third-party payee,
				and the qualification of shelter providers.
(3) Mandatory vendoring shall be limited to
				the monthly combined shelter, heat, and utility expenses. The group shall
				receive a minimum of a $2.00 monthly payment after vendoring and other required
				deductions from the payment standard.
(4) A group that is in restricted payment
				status has the right to a department review of the need to continue mandatory
				vendoring or third-party payments at least once every 6 months.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3107 - Applications

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) Any
				person may apply for assistance for himself or herself. With the group's
				permission, a person who is 18 years of age or older may be authorized to
				represent and apply on behalf of the group.
(2) A person may submit an application by fax
				on a form prescribed by the department. The original, signed application must
				be received by the department before benefits are approved.
(3) A person shall complete a department
				application form when first applying for assistance benefits and when
				eligibility is redetermined.
(4)
				The department must accept an application and register it as soon as it is
				filed if it contains the minimum information established by the department and
				is signed by the client or the client's authorized representative.
(5) Upon receipt of an incomplete
				application, the department staff shall provide the client with an appropriate
				form identifying the information needed to render the application complete and
				shall specify a due date by which the information must be provided. The
				department must deny eligibility, or terminate an ongoing assistance case, if
				the application remains incomplete. An incomplete application is valid through
				the last day of the month after the month of denial or termination and may be
				updated during that period.
(6) As
				part of the application and redetermination process, the department may conduct
				an official, confidential interview with the client, another responsible
				applicant group member, or the authorized representative. An interview must be
				conducted in a department local office during normal weekday office hours or by
				telephone.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3108 - Verification of eligibility factors

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) A group
				shall verify the factors that affect the initial and continued eligibility of
				the family independence assistance group, a program group, or individual group
				members, including information obtained by data exchanges.
(2) The department shall provide a group with
				written notice of the required verification items and the due date for their
				submittal to the department local office.
(3) Department staff may make home calls to
				verify information or conduct other department business. A group shall
				cooperate with department staff making home calls.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3110 - Assistance benefits; beginning dates

Current through Vol. 24-12, July 15, 2024
Rule 10. The department shall begin assistance benefits not
				  earlier than the half-month pay period after the pay period that includes the
				  application filing date, and not later than the pay period in which the
				  application becomes 30 calendar days old, if the group is eligible for that pay
				  period. If the application becomes 30 calendar days old and the group has not
				  met the eligibility requirements, then the department shall begin assistance
				  for the pay period in which all eligibility requirements are
				  met.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3111 - Client responsibility to cooperate with department; effect of failure to cooperate

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) A
				client shall cooperate with department staff in determining initial and ongoing
				eligibility and benefit levels. Cooperation includes all of the following:
(a) Answering completely and truthfully all
				questions on department forms and during interviews.
(b) Taking all actions within the groups
				ability to verify factors concerning the group's eligibility.
(c) Cooperating with department staff during
				quality control reviews.
(d)
				Accurately reporting, within 10 calendar days after the information is known to
				the client, information that might affect eligibility or benefit
				amounts.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3112 - Group composition

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) If
				family independence assistance is requested for a child, then all of the
				following persons who live together shall, except as provided in subrule (7),
				be included in the program group applying for assistance and, if eligible, in
				the family independence assistance group:
(a)
				The child.
(b) The child's
				parents.
(c) The child's siblings
				who meet the definition of child.
(d) The parents of the siblings.
(e) The child's stepparent.
(f) The child's stepsiblings who meet the
				definition of child.
(g) The
				child's child.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3113 - Voluntary vendoring

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) A group
				may request voluntary vendoring at any time by completing a department vendor
				payment form.
(2) As part of the
				voluntary vendoring request, a group that has obligations for heat and
				electricity shall request vendor payments for both services, unless vendoring
				both would leave a monthly benefit amount of less than $2.00. Amounts vendored
				for heat and electricity shall be established by the department or utility
				company based on the assistance payment standard. A group may specify any
				monthly shelter amount that is not less than $2.00 to be vendored if vendoring
				would leave a monthly payment amount of not less than $2.00.
(3) The department shall cease voluntary
				vendor payments as soon as administratively feasible when requested in writing
				by the client.
(4) The department
				shall not authorize voluntary vendor payments for rent under any of the
				following circumstances:
(a) The local housing
				authority notifies the department that the dwelling fails to meet the housing
				code or the landlord has failed to comply with housing code policies and
				procedures. Ongoing vendoring shall be stopped within 5 workdays if
				administratively feasible.
(b) The
				landlord has not cooperated with the agency or a utility company in the
				installation of energy conservation measures that were determined necessary to
				reduce consumption. Ongoing vendoring shall be stopped within 5 workdays if
				administratively feasible.
(c)
				Title to the rental property reverts to the state or local municipality for
				nonpayment of property taxes.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3114 - Temporary absence from home

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) A
				person is temporarily absent from the home if all of the following provisions
				apply:
(a) His or her location is
				known.
(b) There is a definite plan
				for his or her return.
(c) He or
				she lived with the group before the absence.
(d) The absence has lasted or is expected to
				last 30 calendar days or less.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3115 - Immunizations; exemptions; informing client of immunization requirement; department assistance; compliance; penalty

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) An
				eligible child who is under age 6 shall receive all immunizations.
(2) A child is exempt from the immunization
				requirement if any of the following conditions apply:
(a) The child is under 2 months of
				age.
(b) Immunizations are
				medically inappropriate for the child.
(c) Immunizations are contrary to the
				family's religious beliefs.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3117 - Striker penalties

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A
				person who is on strike on the last day of a calendar month is excluded from
				the eligible group.
(2) A striker's
				spouse and a striker's children are also excluded from the eligible group if
				they live with the striker.
(3) At
				application, it is assumed that a striker will be on strike on the last day of
				the month unless it is verified that he or she will not be on strike.
(4) If a person is already receiving
				assistance and is on strike on the last day of the month, then the striker's
				spouse and children who live with him or her are ineligible for 2 pay periods
				or until the strike ends, whichever is longer.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3118 - Changes in circumstances; reporting

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1) A group
				shall report a change in circumstances within 10 days of the change.
(2) The agency will act on a change in
				circumstances that continues for at least 1 month beyond the month in which the
				change was reported.
(3) Member
				additions and changes in income that result in a benefit increase shall affect
				the month after the change occurred, if reported within 10 days of the change.
				If reported late, the effective month of the increase is the month after the
				change is reported and verified.
(4) A change not specified in subrule (3) of
				this rule shall affect the first full benefit month that begins not later than
				10 days after the change is reported. The agency may affect the first full
				benefit month that begins earlier than 10 days after the change is reported if
				administratively possible. The benefit month is the calendar month for which
				assistance is paid.
Assistance may be paid for 1/2 of the benefit month or for a
				  full benefit month, depending upon the group's eligibility for payment.
(5) A change that results in case
				closure may affect the month the change occurred.
(6) A change in assets that exceeds the
				agency established asset standard results in group ineligibility for a minimum
				of 1 month or for as long as the assets exceed the standard, whichever is
				longer. The month in which assistance is closed is either the month after the
				month that the group obtained the asset or the second month after the month
				that the group obtained the asset if administratively feasible.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3119 - Institutional status; eligibility for family independence program

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) A
				person who is in an institution for more than 30 calendar days is not eligible
				for assistance.
(2) If a person is
				placed in an institution, it is presumed that he or she will remain there more
				than 30 calendar days, unless a shorter stay is verified by the
				person.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3120 - Pursuit of potential benefits as condition of eligibility

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) As a
				condition of eligibility, a client shall apply for potential benefits for which
				the group or a member of the group may be eligible.
(2) A client shall take action to make the
				entire benefit amount available to the group.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3121 - Penalties for failure to pursue potential benefits; verification requirements

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) If a
				client fails to pursue a potential benefit, then the group is
				ineligible.
(2) If a client or
				other group member takes any action that restricts the amount of a benefit
				available to the group, then the group is ineligible.
(3) A client's statement that he or she has
				applied for a benefit or that he or she is not eligible shall be accepted as
				true, unless the statement is unclear, inconsistent, or in conflict with other
				information.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3122 - Concurrent receipt of benefits prohibited

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) Neither
				an adult nor a child may receive both supplemental security income benefits and
				family independence program benefits for the same period.
(2) A child may not receive foster care
				payments and family independence program benefits concurrently.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3123 - Refusing offer of suitable employment; penalties; good cause explained

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) An
				applicant or recipient shall not refuse employment without good cause. Any of
				the following actions constitute refusing employment:
(a) Refusing a bona fide offer of employment
				of at least minimum wage.
(b)
				Voluntary leaving a job.
(c)
				Limiting hours of employment.
(d)
				Otherwise reducing earnings.
(e)
				Being terminated from employment for misconduct or absenteeism.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3124 - Child support; good cause claim and determination; exceptions to cooperation requirement

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1) A
				client shall take all action required by 1939 PA 280, MCL 400.1 to establish
				paternity and obtain support.
(2) A
				client may claim good cause for not taking the action specified in sub rule (1)
				of this rule. Good cause includes any of the following reasons:
(a) The child entitled to support was
				conceived due to incest or forcible rape.
(b) Legal proceedings for the adoption of the
				child entitled to support are pending before a court.
(c) A client is currently receiving
				counseling from a public or licensed private social agency to decide if the
				child should be released for adoption and the counseling has not continued for
				more than 3 months.
(d) Physical or
				emotional harm may result if the client or child has been subject to or is in
				danger of any of the following:
(i) Serious
				physical harm to the child entitled to support.
(ii) Serious physical harm to the
				client.
(iii) Serious emotional
				harm to the child entitled to support that actually harms the child's ability
				to function in everyday life.
(iv)
				Serious emotional harm to the client that actually harms the client's capacity
				to adequately care for the child entitled to support.
(e) Sexual abuse of client or
				child.
(f) Sexual activity
				involving a dependent child.
(g)
				Being forced as the caretaker relative of a dependent child to engage in
				nonconsensual sexual acts or activities.
(h) Threats of, or attempts at, physical or
				sexual abuse of client or child.
(i) Mental abuse of client or
				child.
(j) Neglect or deprivation
				of medical care for child.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3125 - Imposition of support disqualification; removal of support disqualification

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) Failure
				to cooperate in obtaining support without good cause shall result in a
				disqualification, causing minimum 1 month ineligibility for the person who
				failed to cooperate.
(2) If the
				non-cooperative person is determined by the department to be disqualified for
				failure to cooperate in obtaining support, the entire case is closed. The case
				must remain closed for a minimum of 1 month and cannot be reopened until the
				non-cooperative person cooperates with the action(s) to establish paternity,
				obtain support or until the paternity/support action is no longer
				needed.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3126 - Identification of third-party resource liability

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1) As a
				condition of eligibility, eligible group members shall cooperate in identifying
				all third-party resources, unless the group members have good cause not to
				identify third- party resources.
(2) A group member who does not have good
				cause for failing to identify third-party resources is disqualified from
				receiving program benefits.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3127 - Failing to identify third-party resources; good cause reasons; determination

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) The
				department shall advise a client of the right to claim good cause for failing
				to identify third-party resources and that the client has 20 calendar days
				after filing the claim to provide written evidence to support the claim. If a
				client has difficulty obtaining the evidence, then the initial 20-calendar-day
				period may be extended to 45 calendar days.
(2) The following reasons constitute good
				cause for failing to identify third-party resources:
(a) Establishing paternity might harm the
				child.
(b) Conception was due to
				incest or forcible rape.
(c)
				Adoption proceedings are pending.
(d) A regulated public or private agency is
				counseling the mother on whether to release the child for adoption. This reason
				is valid for 3 months of counseling.
(e) Serious physical or emotional harm to a
				group member might result.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3128 - Disqualification; removing disqualification

Current through Vol. 24-12, July 15, 2024
Rule 28.
(1) A
				responsible adult who fails to cooperate in identifying a third-party resource
				is disqualified indefinitely.
(2) A
				responsible adult is an adult who is an eligible group member when the resource
				is available to any of the following persons:
(a) Himself or herself.
(b) His or her unmarried child who is under
				age 18.
(c) His or her ward if the
				responsible adult is a legal guardian.
(d) A dependent child if his or her
				eligibility is based on specified relative status.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3129 - Benefit over issuance determination and recoupment

Current through Vol. 24-12, July 15, 2024
Rule 29.
(1) An over
				issuance period starts with the first pay period that the benefit issuance
				exceeds the amount allowed. The over issuance period ends with the pay period
				immediately before the pay period when the benefit amount is
				corrected.
(2) The amount received
				by the group includes regular, supplemental, and duplicate warrants; vendor
				payments; and the amount of any benefit reduction used to repay previous over
				issuances.
(3) The department shall
				adjust family independence program over issuance amounts by subtracting all or
				part of any assigned current child support payments retained by the state
				during the over issuance period. If the group was ineligible for the family
				independence program during the over issuance period, then the full amount of
				support retained by the state is subtracted. If the group was eligible for part
				of the family independence program issued, then the portion of child support
				retained by the state in excess of the amount the group was eligible for will
				be subtracted.
(4) The budgeting
				method used to determine the original issuance amount shall be used to
				determine the over issuance amount if the correct budgeting method was
				used.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3130 - Intentional program violation; disqualification and recoupment

Current through Vol. 24-12, July 15, 2024
Rule 30.
(1) If an
				over issuance investigation finds that an intentional program violation
				occurred, then the accused individual shall be notified of the allegation, the
				potential penalty, and the right to meet with department representatives to
				discuss the allegation.
(2) The
				department shall conduct an administrative hearing to determine if an over
				issuance occurred due to an intentional program violation, unless either of the
				following provisions applies:
(a) The person
				waives his or her right to the hearing by signing a recoupment and
				disqualification agreement.
(b) The
				person was convicted of fraudulent receipt of benefits under section 60 of 1939
				PA 280, MCL 400.60, or any other criminal fraud statute.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3131 - Benefit over issuance collection and repayment actions

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1) The
				department shall seek recoupment of benefit over issuances from active or
				inactive family independence program groups through administrative recoupment
				processes. Repayment shall be in cash or through benefit reduction.
(2) The department shall seek recoupment of
				benefit over issuances from any adult who was a group member when the over
				issuance occurred.
(3) If the
				overpaid family independence program group did not include an eligible or
				disqualified adult at the time of the over issuance, then a collection action
				will not be initiated unless the debt was established through court action or
				by obtaining a signed repayment agreement.
(4) The department shall recoup over
				issuances to active family independence program groups through benefit
				reduction, unless cash payments are ordered by a court.
(5) If an over issuance is not paid in full
				during the notice period, then the family independence program warrants will be
				reduced by a percentage of the payment standard as follows:
(a) Agency and client error over issuances
				are recouped at a 5% reduction of the payment standard.
(b) Intentional program violation over
				issuances are recouped at a 10% reduction of the payment standard.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3152 - Group composition

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) If an
				individual requests state disability assistance, then the following persons are
				in the program group and, if eligible, in the state disability assistance
				group:
(a) The individual who requests
				assistance.
(b) The individual's
				spouse, if the spouse is living in the home with the individual.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3153 - Temporary absence from home

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A person
				is temporarily absent from the home if all of the following provisions apply:
(a) The person's location is known.
(b) There is a definite plan for the person's
				return.
(c) The person lived with
				the group before the absence.
(d)
				The absence has lasted, or is expected to last, 30 calendar days or
				less.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3154 - Institutional status; eligibility for state disability assistance

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A person
				who is in an institution for more than 30 calendar days is not eligible for
				state disability assistance.
(2) If
				a person is placed in an institution, it is presumed that he or she will remain
				there more than 30 calendar days unless a shorter stay is verified.
(3) Notwithstanding subrules (1) and (2) of
				this rule, a person in any of the following institutions may be eligible for
				state disability assistance if all other eligibility criteria are met:
(a) A home for the aged.
(b) A county infirmary.
(c) An adult foster care home.
(d) A substance abuse treatment
				center.
(e) A department of
				corrections contract facility for probationers.
(f) A technical institute and rehabilitation
				center operated by Michigan rehabilitation services.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3155 - Applications for assistance

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Any
				person, regardless of age, may apply for assistance for himself or herself.
				With the group's permission, a person who is 18 years of age or older may be
				authorized to represent and apply on behalf of the group.
(2) An applicant may submit an application in
				person, by mail, telephone, or electronically. The department must receive the
				original, signed application before benefits are approved.
(3) A person shall complete a department
				application form when first applying for assistance benefits and when
				eligibility is redetermined.
(4) If
				an application contains the minimum information established by the department,
				including the signature of the client or authorized representative, the
				department must accept and register the application as soon as it is
				filed.
(5) Upon receipt of an
				incomplete application, department staff shall give or send a client an
				appropriate form that identifies the information needed to render the
				application complete and shall specify a due date by which the information must
				be provided. Eligibility must be denied, or an ongoing assistance case must be
				terminated, if an application remains incomplete. An incomplete application is
				valid through the last day of the month after the month of denial or
				termination and may be updated during that period.
(6) As part of the application and
				redetermination process, the department may conduct an official, confidential
				interview with a client, another responsible applicant group member, or an
				authorized representative. An interview must be conducted in a department local
				office during normal weekday office hours or by telephone.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3156 - Verification of eligibility factors

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A group
				shall provide the department with verification of the factors that affect the
				initial and continued eligibility of the group or its individual members in the
				state disability assistance program, including information obtained by data
				exchanges.
(2) The department shall
				provide a client with a written notice of the factors that must be verified and
				the due date for submitting verification to the local office of the
				department.
(3) Department staff
				may visit a group's home to verify eligibility information or to conduct other
				department business. A group shall cooperate with department home
				visits.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3158 - Beginning of assistance benefits

Current through Vol. 24-12, July 15, 2024
Rule 8. The department shall begin assistance benefits not
				  earlier than the half-month pay period after the pay period that includes the
				  application filing date and not later than the pay period in which the
				  application becomes 30 calendar days old, if the group is eligible for that pay
				  period. If the application becomes 30 calendar days old and the group has not
				  met eligibility requirements, the department shall begin assistance benefits
				  for the pay period in which all eligibility requirements are
				  met.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3159 - Client responsibility to cooperate with department; effect of failure to cooperate

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A client
				shall cooperate with department staff in determining initial and ongoing
				eligibility and benefit levels. Cooperation includes all of the following:
(a) Answering completely and truthfully all
				questions on department forms and during interviews.
(b) Taking all actions within the clients
				ability to verify factors concerning the client's eligibility.
(c) Cooperating with department staff during
				quality control reviews.
(d)
				Reporting accurate information that potentially affects eligibility or benefit
				amount within 10 calendar days after the information is known to the
				client.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3160 - Eligibility; citizenship and alien status

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) To be
				eligible for assistance benefits, a person shall be either of the following:
(a) A citizen of the United States.
(b) An alien qualified to receive
				supplemental security income as provided under title IV ,
				section
				402 of
				Public Law
				104-193,
				8
				U.S.C. §1612.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3161 - Mandatory vendoring or third-party payments

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) If the
				department determines that a grantee's negligence has resulted in the
				mismanagement of funds and has endangered the health or safety of a group
				member, then, subject to subrule (2) of this rule, the department shall
				initiate mandatory vendoring or third-party payments.
(2) The department's decision to initiate
				third-party payments or mandatory vendoring shall be based on the seriousness
				of the client endangerment, the availability of a competent third-party payee,
				and the qualification of shelter providers.
(3) Mandatory vendoring shall be limited to
				the monthly combined shelter, heat, and utility expenses. A client shall
				receive a minimum $2.00 monthly payment amount after vendoring and other
				required deductions from the payment standard.
(4) A group in restricted payment status has
				the right to department review of the need to continue mandatory vendoring or
				third-party payments at least once every 6 months.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3162 - Voluntary vendoring

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) A group
				may request voluntary vendoring at any time by completing a department vendor
				payment form.
(2) As part of a
				voluntary vendoring request, a group that has heat and electricity obligations
				shall request vendor payments for both services unless vendoring both would
				leave a monthly payment amount of less than $2.00. The department or a utility
				company shall establish vendored amounts for heat and electricity based on the
				assistance payment standard.
(3) A
				group may specify any monthly shelter amount that is not less than $2.00 to be
				vendored if vendoring would leave a monthly payment amount of at least
				$2.00.
(4) The department shall
				cease voluntary vendor payments as soon as administratively feasible when
				requested in writing by a client.
(5) The department shall not authorize
				voluntary vendor payments for rent under any of the following circumstances:
(a) The local housing authority notifies the
				department that the dwelling fails to meet the housing code or that the
				landlord has failed to cooperate with housing code policies and procedures. In
				this situation, the department shall discontinue ongoing vendoring within 5
				workdays if administratively feasible.
(b) The landlord has not cooperated with the
				department or a utility company in the installation of energy conservation
				measures that were determined necessary to reduce energy consumption. In this
				situation, the department shall discontinue ongoing vendoring within 5 workdays
				if administratively feasible.
(c)
				Title to the rental property reverts to this state or local municipality for
				nonpayment of property taxes.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3163 - Special living arrangements

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) A
				client who resides in an adult foster care facility, county infirmary, or home
				for the aged may be eligible for a client incidental allowance and for provider
				payment.
(2) A client who resides
				in a substance abuse treatment center, long-term care facility, or hospital may
				be eligible for a client incidental allowance, but is not eligible for provider
				payment.
(3) A special living
				arrangement facility must be licensed in order to receive payment.
(4) The department must determine a client's
				level of care to be either domiciliary care or personal care before provider
				payment may be authorized.
(5)
				Provider payment for a special living arrangement may begin up to 10 calendar
				days before the application filing date for an eligible client who was residing
				in a facility 10 days before the date of application.
(6) Subject to subrule (5) of this rule, per
				diem provider payment eligibility begins the day an eligible client enters a
				special living arrangement facility and ends the day the client becomes
				ineligible for assistance or the day before the date of discharge, whichever is
				earlier.
(7) If a client's failure
				to report timely, complete, and accurate information results in an overpayment
				for special living arrangement care, then the department shall recover the
				amount overpaid from the client.
(8) If a provider of special living
				arrangement care is overpaid as a result of incorrect provider billing or level
				of care authorization, then the department shall recover the amount overpaid
				from the provider.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3164 - Changes in group's circumstances

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) A group
				shall report a change in circumstance within 10 days of the change.
(2) The department shall act on changes that
				continue for at least 1 month beyond the month in which the change was
				reported.
(3) A group member
				addition or change in income that results in a benefit increase must affect the
				benefit level for the month after the month the change occurred, if the
				addition or change is timely reported. If a group member addition or change in
				income that results in a benefit increase is reported late, then the effective
				month of the increase is the month after the month the change is reported and
				verified.
(4) A change other than
				the changes specified in subrule (3) of this rule must affect the first full
				benefit month that begins not later than 10 days after the change is reported.
The department may affect the first full benefit month that
				  begins earlier than 10 days after the change is reported, if administratively
				  possible. A benefit month is the calendar month for which assistance is paid.
				  Assistance may be paid for 1/2 of the benefit month or for a full benefit
				  month, depending upon a group's eligibility for payment.
(5) A change that results in case closure may
				affect the month in which the change occurred.
(6) If a change in a group's assets results
				in exceeding the asset standard established by the department, then the group
				is ineligible for benefits for 1 month or for as long as the assets exceed the
				standard, whichever is longer. In this situation, the month in which assistance
				is closed is either the month following the month in which the group obtained
				the asset or, if administratively feasible, the second month following the
				month in which the group obtained the assets.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3168 - Returned warrants

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1) A
				returned warrant may be rewritten by the department if a group was eligible for
				cash assistance during the period covered by the original warrant.
(2) A group is presumed to be ineligible for
				cash assistance under any of the following circumstances:
(a) The post office returned a client warrant
				to the treasury as undeliverable and there has been no contact from the group
				regarding the warrant.
(b) A
				warrant remains uncashed for more than 30 calendar days and there has been no
				contact from the client regarding the warrant.
(c) A client fails to contact the department
				by the disposition deadline for a warrant returned or delivered to the local
				department office.
Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › State Disability Assistance Program › Section R. 400.3169 - Replacement policies for warrants

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) If a
				group reports an unendorsed warrant lost, stolen, not received, or destroyed,
				then the group may have the warrant replaced if all of the following criteria,
				as appropriate, are met:
(a) The group
				completes a stop payment/replacement request affidavit. For stolen warrants, a
				group shall file a police report, unless replacement of the warrant is made
				after recovery of the warrant amount.
(b) A client or provider shall contact the
				post office to verify delivery of a warrant that was issued but not received.
				If delivery is verified, then the warrant is considered lost. If delivery
				cannot be verified, then the warrant is considered not received.
(c) For warrants considered not received, a
				client or provider shall complete a stop payment/replacement request
				affidavit.
(d) Under any of the
				following circumstances, a warrant shall be replaced only after recovery of the
				original warrant amount:
(i) Replacement is
				requested more than 30 calendar days after the warrant date.
(ii) The client has previously requested a
				replacement after cashing the original warrant.
(iii) A police report was not filed on a
				stolen warrant.
(iv) The case is
				closed or closure is pending.
(v)
				The warrant to be replaced is a replacement warrant or a vendor
				warrant.