DAR File No. 28992
Workforce Services, Employment Development
R986-400
General Assistance and Working Toward Employment
NOTICE OF PROPOSED RULE
DAR File No.: 28992
Filed: 09/01/2006, 04:00
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to include Social Security Disability Insurance (SSDI) in the participation requirements and change "onset" to "application".
Summary of the rule or change:
These proposed changes are to add SSDI to the section which requires clients pursue Supplemental Security Income (SSI) benefits and change the requirement that the disability be expected to last 30 days from the date of application instead of from the date of onset. It is not anticipated this will result in a change in the number of individuals receiving assistance and the changes are mostly nonsubstantive.
State statutory or constitutional authorization for this rule:
Section 35A-1-104 and Subsection 35A-1-104(4)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs of savings to the state budget as these proposed changes are nonsubstantive in nature and will not affect current funding levels.
local governments:
These changes are nonsubstantive in nature and the program is state funded so there will be no costs or savings to local government.
other persons:
These proposed changes reflect current rule and Department practice and are nonsubstantive in nature so there will be no costs or savings to other persons.
Compliance costs for affected persons:
There are no compliance costs for affected persons as these changes are nonsubstantive in nature and there are no costs for complying.
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. Tani Downing, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
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:
10/16/2006
This rule may become effective on:
11/01/2006
Authorized by:
Tani Downing, Executive Director
RULE TEXT
R986. Workforce Services, Employment Development.
R986-400. General Assistance and Working Toward Employment.
R986-400-403. Proof of Unemployability.
(1) An applicant must provide current medical
evidence that he or she is not capable of working and earning $500 per month
due to a physical or mental health condition and that the condition is expected
to last at least 30 days from the date of application[onset]. Evidence consists of a statement from a
medical doctor, a doctor of osteopathy, a licensed Advanced Practice Registered
Nurse, a licensed Physician's Assistant, a licensed Mental Health Therapist as
defined in UCA 58-60-102.
(2) An applicant must cooperate in the obtaining of a second opinion if requested by the Department. Only the costs associated with a second opinion requested by the Department will be paid for by the Department. The Department will not pay the costs associated with obtaining a second opinion if the client requests the second opinion.
(3) If the illness or incapacity is expected to last longer than 12 months, the client must apply for SSDI/SSI benefits.
(4) Full-time or part-time participation in post-high school education or training is considered evidence of employability rendering the client ineligible for GA financial assistance. If the Department believes work readiness or occupational skills enhancement opportunities will lead to employability, those services can be offered for a maximum of three months if the client is otherwise eligible.
R986-400-405. Interim Aid for SSI Applicants.
(1) A client who has applied for SSI or SSDI benefits
may be provided with GA financial assistance pending a determination on the
application for SSI or SSDI. If
the client is applying for SSI,[To be eligible under this paragraph, the
client] he or she must sign an "Agreement to Repay Interim
Assistance" form and agree to reimburse, or allow SSA to reimburse, the
Department for any and all GA financial assistance advanced pending a
determination from SSA.
(2) Financial assistance will be immediately terminated without advance notice when SSA issues a payment or if the client fails to cooperate to the maximum extent possible in pursuing the application which includes cooperating fully with SSA and providing all necessary documentation to insure receipt of SSI or SSDI benefits.
(3) A client must fully cooperate in prosecuting an appeal of an SSI or SSDI denial at least to the Social Security ALJ level. If the ALJ issues an unfavorable decision, the client is not eligible for financial assistance unless an unrelated physical or mental health condition develops and is verified.
KEY: general assistance, working toward employment
Date of Enactment or Last
Substantive Amendment: [August 1, ]2006
Notice of Continuation: September 14, 2005
Authorizing, and Implemented or Interpreted Law: 35A-3-401; 35A-3-402
ADDITIONAL INFORMATION
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For questions regarding the content or application of this rule, please contact 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
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.