Sec.17b-198-13. Application processing standards

(a) Standard processing deadline. (1) Except as provided in subsections (b) and (c) of this section:

(A) For any application for assistance that requires the department to make a determination concerning whether a person has a physical or mental disability that renders him or her unemployable, as described in section 17b-198-7 of the Regulations of Connecticut State Agencies, the department shall, not later than sixty days after the date such application is received, (i) grant assistance and issue the initial benefit payment if eligibility has been established, (ii) deny assistance and issue a notice of denial to the applicant if eligibility has not been established, or (iii) provide the applicant with notice that a decision has not yet been made on his or her application and that he or she may request a fair hearing; and

(B) For any other application for assistance, the department shall, not later than forty-five days after the date such application is received, (i) grant assistance and issue the initial benefit payment if eligibility has been established, (ii) deny assistance and issue a notice of denial to the applicant, if eligibility has not been established, or (iii) provide the applicant with notice that a decision has not yet been made on his or her application and that he or she may request a fair hearing.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, when the department receives all information necessary to determine an applicant's eligibility for assistance, the department shall, not later than ten days after the date on which all such information was received, (A) grant assistance and issue the initial benefit payment if eligibility has been established, or (B) deny assistance and issue a notice of denial to the applicant if eligibility has not been established.

(3) The department may complete its application determination prior to the expiration of the standard processing deadline whenever the application is withdrawn or the applicant refuses to cooperate with respect to an aspect of the application process that results in ineligibility for assistance.

(4) The department may deny an application on or after the thirtieth day following the date such application was filed if the applicant fails to provide information requested by the department that is necessary to verify his or her eligibility for assistance and the provisions of subdivision (3) of subsection (b) of this section do not apply.

(5) If, after reviewing an application, information necessary to make a determination regarding the applicant's eligibility remains outstanding or unverified, the department shall notify the applicant in writing of the need to provide such information.

(b) Extensions of the standard processing deadline. The department may extend the standard processing deadline:

(1) By ten days when information necessary to verify an applicant's eligibility for assistance is not submitted with the application and is requested by the department;

(2) As necessary if the department has assumed responsibility for obtaining information that is required to verify an applicant's eligibility for assistance and is waiting for receipt of such information from a third party or is otherwise unable to obtain such information prior to the standard processing deadline, provided that, (A) upon receipt of such information, the department shall either immediately process the application or grant an additional extension pursuant to this subsection, if applicable, and (B) the applicant may request a fair hearing; and

(3) When information necessary to verify an applicant's eligibility for assistance is currently unavailable for reasons beyond the applicant's control and eligibility cannot be determined in the applicant's favor without such information, in which case a determination shall be delayed until such information becomes available or the reason for the unavailability of such information is no longer beyond the applicant's control.

(c) Expedited applications. The department shall, contingent upon the ability to verify all information necessary to establish an applicant's eligibility for assistance pursuant to SAGA, grant or deny assistance not later than four days after the date an application for assistance pursuant to SAGA is received if such applicant:

(1) Submits his or her application to a department regional office in person; and

(2) Is homeless and unable to stay with a relative or friend or at an emergency housing shelter, or has no food and is unable to obtain food from relatives, friends, soup kitchens, food pantries, community organizations or churches.

(d) Reopening. (1) The department shall reopen an application denied on the standard processing deadline due to an applicant's failure to provide requested information that is necessary to verify his or her eligibility for assistance, as described in subdivision (3) of subsection (a) of this section, if, not later than thirty days after the date of such denial, the applicant provides the information previously requested. Whenever an application is reopened and ultimately granted, the date on which the applicant provided information necessary to reopen such application shall be treated as the date of application and the earliest date on which assistance may be effective. If an applicant fails to provide the requested information prior to the expiration of the thirty-day period for reopening, or is denied assistance due to ineligibility after providing such information, such applicant shall be required to file a new application prior to being granted assistance and shall not be entitled to benefits retroactive to the date of the initial application.

(2) The department shall, not later than ten days after the date an application is reopened, grant assistance pursuant to SAGA and issue the initial benefit payment to the appropriate payee, or deny assistance and issue a notice of denial to the applicant if eligibility has not been established, except that the department may grant an extension for any reason described in subsection (b) of this section.

(e) Notice. Right to fair hearing. The department shall notify an applicant (1) of any action taken on his or her application, and (2) when it determines that timely action will not be taken on his or her application. If the department does not act on an application prior to the applicable standard processing deadline, the assistance unit has a right to a fair hearing.

(Effective October 11, 2016)