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(1)  A household member or an employee or agent of the department may make a request for emergency assistance.

(2)  Eligibility requirements for emergency assistance must be verified and documented.

(3)  To receive emergency assistance, an applicant must show:

(a)  that a child who is under the age of 21 is living with a relative specified in ARM 37.78.207 or is under age 18 and has lived with a specified relative within six months of the date of the request in a place of residence maintained by the relative as the child's home; and

(b)  that all requirements set forth in ARM 37.78.601 have been met.

(4)  Emergency assistance may be provided in addition to but not as a substitute for basic needs assistance, including but not limited to TANF Cash Assistance, Tribal TANF Family Assistance or Bureau of Indian Affairs (BIA) General Assistance.

(5)  The completed request for emergency assistance shall be submitted to the local Office of Public Assistance. The applicant shall be notified by the department of the approval or reasons for denial of the request for emergency assistance.

(6)  There are no residency requirements for emergency assistance. Nonresidents, migrants and transients who otherwise meet the requirements of this part are eligible for emergency assistance.

(7)  The department shall make a determination of eligibility for emergency assistance within five days after receiving the application and all verification required to support the application.

(8)  An expedited administrative review of a denial of a request for emergency assistance will be available to applicants who request in writing such an expedited review within five working days of the date of the denial. Such a review will be held within five working days of the date the request is received by the local office. Requests not made in accordance with these provisions will be processed according to the department's standard fair hearing procedures.

History: 53-2-201, 53-4-212, MCA; IMP, 53-2-201, 53-4-211, MCA; NEW, 1998 MAR p. 3284, Eff. 12/18/98; AMD, 2000 MAR p. 199, Eff. 1/28/00; TRANS, from SRS, 2000 MAR p. 3414; AMD, 2003 MAR p. 15, Eff. 1/17/03.

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