PURPOSE: This rule defines the application procedures for Income Maintenance cases.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Any person who believes s/he is eligible for or in need of any type of assistance or service administered by the Division of Family Services shall have the right to file an application. The interviewer shall inform the applicant as to the types of assistance and service which are available, the requirements of eligibility and the additional information necessary, if any, to determine eligibility. The interviewer also shall give each applicant for Aid to Dependent Children (ADC) an information pamphlet, prepared by the Division of Family Services, which includes written notification of appeal rights. Applications must be disposed of promptly so that eligible persons will receive assistance as promptly as possible. Applications must be filed in the county family services office of the county in which the applicant resides on forms furnished by the county family services office. If the applicant is unable to come to the county office because of physical or mental disability, the application may be accepted in the home, institution or other place of residence. (Original rule filed Nov. 3, 1950, effective Nov. 13, 1950. Amended: June 20, 1951, effective June 30, 1951. Amended: Sept. 26, 1951, effective Oct. 6, 1951. Amended: June 13, 1974, effective June 23, 1974.)
2. (2) For Aid to Families with Dependent Children (AFDC) applications (unless there are unusual or extreme circumstances), prompt disposition means that there shall not be more than forty-five (45) days between the date of application and—a) the date of mailing of first check, if eligible, or b) date of notice of rejection, if ineligible. If a decision as to eligibility has not been made between the thirtieth and the thirty-eighth day, a presumptive eligibility determination as to the reason for 13 CSR 40-2

delay in processing an AFDC application will be made. (Original rule filed Nov. 3, 1950, effective Nov. 13, 1950. Amended: June 15, 1967, effective June 25, 1967. Amended: June 6, 1968, effective June 16, 1968. Amended: July 1, 1968, effective July 10, 1968. Amended: June 1, 1971, effective June 10, 1971. Amended: June 13, 1974, effective June 23, 1974.)

1. (3) In those ADC cases where an eligible applicant does not receive the first payment for the month in which the thirtieth day after application occurs, a delayed payment will be made for that month and any later months that occur before the application was approved. (Original rule filed June 30, 1972, effective July 9, 1972. Amended: March 1, 1973, effective March 10, 1973. Amended: June 13, 1974, effective June 23, 1974.)
2. (4) The guardian shall file the application for any person for whom a guardian has been legally appointed. Lack of guardian, in case of obvious mental incompetence, shall not delay or hinder the filing of an application by any such person. (Original rule filed Feb. 20, 1947, effective March 2, 1947.)

AUTHORITY: section 207.020, RSMo 1986.* Filing dates for original rules are shown in the text of the rule. This version filed March 24, 1976. Emergency amendment filed Aug. 3, 1987, effective Aug. 13, 1987, expired Dec. 1, 1987. Amended: Filed Aug. 3, 1987, effective Jan. 14, 1988. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986.