Michigan Administrative Code › Department - Health and Human Services › Family Independence Services Administration › Family Independence Program › Section R. 400.3101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Administrative
				recoupment" means a process by which a group's benefits are reduced to make
				payments on an over issuance.
(b)
				"Agency errors" means over issuances caused from incorrect actions by the
				department.
(c) "Application" means
				an application for the family independence program.
(d) "Application filing date" means the date
				the department receives a signed application document that contains the minimum
				required information.
(e)
				"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 who otherwise acts on a
				client's behalf, or both. The person may be, but is not limited to being, a
				guardian, spouse, or relative outside the group.
(f) "Available/warrant date" means the date
				that a regular assistance benefit or warrant was issued.
(g)"Client error" means over issuances that
				are caused due to the action or inaction of a client or authorized
				representative. An over issuance resulting from a department action being
				deleted due to a client's hearing request is client error if the client
				withdraws his or her request, fails to appear for the hearing, or the
				department is upheld in the hearing decision.
(h) "Collection actions" means the department
				processes initiated to maximize the recovery of over issued benefits.
(i) "Crediting" means returning the benefit
				issuance amount to the state treasury.
(j) "Department" means the Michigan
				department of health and human services.
(k) "Disqualification" means a department
				penalty action which is assessed for noncompliance with a family independence
				program requirement and which results in the ineligibility of the noncompliant
				person.
(l) "Eligible child" means
				a child who is part of a group that receives assistance under the family
				independence program.
(m)
				"Immunizations" means all immunizations recommended by the department of
				community health.
(n) "Institution"
				means an establishment that furnishes food, shelter, and some medical treatment
				or services to more than 3 people who are unrelated to the proprietor of the
				establishment.
(o) "Intentional
				program violation" means the intentional withholding or misrepresenting of
				information by a client or authorized representative for the purpose of
				obtaining benefits that he or she would not otherwise be eligible for. Over
				issuances become intentional program violations if the client or client's
				authorized representative is found responsible for an intentional program
				violation by a court, as a result of an administrative hearing, or due to
				signing an agreement form.
(p)
				"Mandatory vendoring" means department payment of assistance amounts, without
				client request, directly to the client's landlord, mortgage holder, land
				contract holder, and the providers of the client's home heating and electricity
				services.
(q) "Minimum wage" means
				the lesser of the federal or state minimum wage.
(r) "Monthly payment amount" means the amount
				of assistance paid to the group after deductions for vendoring and any
				department recoupment.
(s)
				"Nonstriker" means a person to whom all of the following conditions apply:
(i) Is locked out of the workplace by the
				employer.
(ii) Is not part of the
				bargaining unit on a strike.
(iii)
				Is in fear of reprisal if he or she crosses a picket line.
(t) "Over issuance" means an issuance of more
				benefits than a client is eligible to receive.
(u) "Over issuance period" means the time
				period during which an over issuance occurs.
(v) "Over issuance type" means the reason an
				over issuance occurred. Department error, client error, and client intentional
				program violation are the types of over issuance.
(w) "Pay period" means the half of the month
				from the first of the month through the fifteenth of the month or from the
				sixteenth of the month through the end of the month.
(x) "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) Unemployment
				compensation benefits.
(vi) Child
				support payments.
(vii) Pension
				payments.
(viii) Disability or
				retirement benefits.
(ix) Earned
				but unpaid wages.
(x) Strike
				pay.
(xi) Vacation pay.
(xii) Supplemental unemployment
				benefits.
(xiii) Supplemental
				security income.
(xiv) Any other
				financial benefits for which potential eligibility exists and which may reduce
				the family independence program benefit, other than state-funded, needs based
				programs.
(y)
				"Reapplication" means an application for family independence program benefits
				after a previous case has been closed.
(z) "Recoupment" means a department action to
				identify and recover a benefit over issuance.
(aa) "Redetermination" means a review of
				continuing eligibility for the family independence program.
(bb) "Redirecting" means routing a warrant to
				a different address.
(cc)
				"Reinstatement" means restoring a closed assistance case to active status
				without a new application/redetermination form.
(dd) "Repayment" means an action by the
				client to pay back benefits received.
(ee) "Restricted payments" means the meeting
				of client shelter, heat, and utilities obligations through mandatory vendoring
				or third-party payments.
(ff)
				"Returned warrants" means uncashed warrants received by the local department
				office or treasury.
(gg) "Stop
				payment" means a department directive to treasury to not honor a
				warrant.
(hh) "Striker" means a
				person who is involved in any of the following situations:
(i) An employee strike.
(ii) A concerted work stoppage, including a
				stoppage when a collective bargaining agreement expires.
(iii) A work slowdown.
(iv) Interruption of work activities or
				employment operations.
(ii) "Third-party payments" means department
				payment of the clients entire assistance benefit, without client request, to an
				agency or person outside the eligible group for management of the assistance on
				behalf of the group.
(jj) "Third
				party resource" means a person, entity, or program that is, or might be, liable
				to pay all or part of a group member's medical expenses.
(kk) "Treasury" means the Michigan department
				of treasury.
(ll) "Under issuance"
				means that a group has received less cash assistance than it is eligible to
				receive.
(mm) "Verification" means
				documentation or other evidence to establish the accuracy of the client's
				verbal or written statements.
(nn)
				"Voluntary vendoring" means a payment system whereby, at the groups request,
				the department sends part of the groups cash assistance directly to the
				provider of shelter, heat, or electricity.
(oo) "Warrant date" means the date shown on
				the warrant. For regular client and vendor warrants, the warrant date is the
				expected date of delivery. For replacement warrants, the warrant date is the
				date that the warrant was mailed by the department.