DAR File No. 40315

Workforce Services, Employment Development

Section R986-400-402

General Provisions

Notice of Proposed Rule

(Amendment)

DAR File No.: 40315
Filed: 04/14/2016 04:27:28 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to include social security disability (SSI) terminations and all reasons for suspension as disqualifying for General Assistance (GA).

Summary of the rule or change:

It was recently discovered that the rule did not cover one of the reasons a SSI benefit may be suspended. This was an oversight. It is now added that if SSI benefits are suspended for fraud or terminated for the reasons listed in the CFR, the client is not eligible for GA.

State statutory or constitutional authorization for this rule:

• Subsection 35A-1-104(4)
• Section 35A-3-401
• Section 35A-3-402
• Section 35A-1-104

Anticipated cost or savings to:

the state budget:

There will be no additional costs due to this change. Since this is the first case the Department has seen like this, it is anticipated any savings will be minimal. There will be no costs because a client will not be eligible if SSI suspends or terminates benefits as outlined in the CFR. This will result in fewer people being eligible for GA, not more.

local governments:

There are no costs or savings to local governments. It is anticipated this change will be within the Department's current budget.

small businesses:

There will be no costs to small businesses to comply with these changes because this is a federally-funded program.

persons other than small businesses, businesses, or local governmental entities:

There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes.

Compliance costs for affected persons:

There are no compliance costs for this change to anyone, including persons affected by this change because there are no costs or fees associated with these proposed changes.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.

Jon Pierpont, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/31/2016

This rule may become effective on:

06/07/2016

Authorized by:

Jon Pierpont, Executive Director

R986. Workforce Services, Employment Development.

R986-400. General Assistance.

R986-400-402. General Provisions.

(1) GA provides temporary financial assistance to single persons and married couples who have no dependent children residing with them 50% or more of the time and who have a physical or mental health impairment that prevents basic work activities in any occupation. This means that the applicant or client is unable to work any number of hours at all in any occupation.

(2) The impairment must be expected to last at least 60 days after the date of application.

(3) Drug addiction and/or alcoholism alone is insufficient to meet the impairment requirement for GA as defined in Public Law 104-121.

(4) Married couples meet the impairment criteria and time limits on an individual basis. If the household includes an ineligible spouse, the income and assets of the ineligible spouse must be counted when determining the eligibility of the household and the ineligible spouse will not be included in the financial payment. The household can consist of any combination of impaired, non-impaired, short term disabled, or long term disabled as long as at least one spouse meets the eligibility requirements.

(5) GA is only available to a client who is at least 18 years old or legally or factually emancipated. Factual emancipation means the client has lived independently from his or her parents or guardians and has been economically self-supporting for a period of at least twelve consecutive months, and the client's parents have refused financial support.

(6) A client claiming factual emancipation must cooperate with the Department in locating his or her parents. The parents, once located, will be contacted by the Department. If the parents continue to refuse to support the client, a referral will be made to ORS to enforce the parents' child support obligations.

(7) A person eligible for Bureau of Indian Affairs assistance is not eligible for GA financial assistance.

(8) In addition to the residency requirements in R986-100-106, residents in a group home that is administered under a contract with a governmental unit or administered by a governmental unit are not eligible for financial assistance.

(9) An individual receiving SSI is not eligible for GA. This ineligibility includes persons whose SSI is in suspense status, has been terminated, or who is not eligible for SSI due to the imposition of a penalty as defined by 20 CFR Part 416.132[1]0 through 416.13[3]40. An individual whose SSI benefits are suspended because he or she has not attained U.S. citizenship, may be eligible for GA if the individual actively pursues U.S. citizenship to regain SSI eligibility. If SSI was terminated because the client's disability ended, the client may be eligible for GA if an unrelated physical or mental health condition develops and is verified.

 

KEY: general assistance

Date of Enactment or Last Substantive Amendment: [November 1, 2013]2016

Notice of Continuation: September 3, 2015

Authorizing, and Implemented or Interpreted Law: 35A-3-401; 35A-3-402