1. (a) Household members must pursue and accept all income to which they are legally entitled. The Texas Health and Human Services Commission (HHSC) may determine that a certified group is ineligible for benefits due to a household member's failure to comply with this requirement.

2. (b) HHSC may grant good cause for failure to comply with this requirement if:

   1. (1) the potential income is Supplemental Security Income (SSI), the person is physically or mentally unable to apply for the SSI, and HHSC fails to assist the person with the SSI application process; or

   2. (2) if HHSC determines that pursuing or accepting the income:

      1. (A) would cause financial hardship to the household;
      2. (B) would not be cost-effective;
      3. (C) would endanger the health or safety of a household member; or
      4. (D) would require the assistance of an attorney, which the person was unable to obtain after making a reasonable effort.

Source Note:The provisions of this §366.837 adopted to be effective June 9, 2010, 35 TexReg 4661.