921 KAR | Title 921 KAR — Cabinet for Health and Family Services - Department for Community-based Services - Family Support

Chapter 1 Child Support

921 KAR 1:390 Child Support Enforcement Program paternity establishment {#sec-921-kar-1-390 omnilex-key=us-ky-regs-official--title-921--921 KAR 1:390}

Section 1. Requirement for Paternity Establishment. The cabinet shall bring action, as established in KRS 406.021(1) and (3) if:

(1) The child is born out of wedlock; and

(2) An assignment of rights to the cabinet is in effect or an individual not receiving public assistance applies for child support services including paternity establishment.

Section 2. Cabinet Action.

(1) A case requiring paternity action shall be opened upon receipt of:

(a) A public assistance case referral; or

(b) A nonpublic assistance application, in accordance with KRS 205.721.

(2) The cabinet shall open a case pending determination of good cause.

(a) If good cause for failure to cooperate is determined, the child support case shall be closed.

(b) Good cause shall be established in accordance with the requirements of 921 KAR 2:006, Section 18(4) and (5).

(3) In a case referred to the cabinet in which paternity has not yet been established, the cabinet shall, within ninety (90) days of locating the alleged father or custodial parent:

(a) Obtain a voluntary acknowledgment of paternity as established by KRS 213.036(5) and 213.046(3), (9);

(b) File for establishment of paternity;

(d) Document unsuccessful attempts to serve process.

(4) Paternity shall be established or the putative father excluded as a result of genetic tests or legal process within one (1) year of:

(a) Successful service of process; or

(b) The child reaching the age of six (6) months.

(5) The voluntary acknowledgment of paternity may be rescinded. Rescinded acknowledgement of paternity shall be accomplished in accordance with KRS 213.071.

(6) The cabinet shall request denial, suspension, or revocation of a license or certification for failure to comply with a subpoena or warrant relating to paternity pursuant to KRS 186.570(2) and 237.110(4)(g).

History

RELATES TO: KRS 186.570(2), 205.710, 205.712, 205.721, 205.730, 213.036(5), 213.046(3), (4), (5), (9), (10), 213.071, 237.110(4)(g), 405.430, 406.011, 406.021, 406.025, 406.180, 45 C.F.R. 302.31, 302.33, 303.5, 304, 42 U.S.C. 651, 652, 653, 654, 666, 668
STATUTORY AUTHORITY: KRS 194A.050(1), 205.795, 405.520
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.795 authorizes the secretary to promulgate administrative regulations consistent with the purpose and intent of KRS 205.710 through 205.800. This administrative regulation establishes the requirements for the establishment of paternity for the Child Support Enforcement Program.
History: 20 Ky.R. 2295; eff. 3-14-94; Am. 21 Ky.R. 2552; eff. 5-17-95; 23 Ky.R. 2880; 3576; eff. 2-19-97; 25 Ky.R. 640; 1639; eff. 1-19-99; Recodified from 904 KAR 2:390, 2-1-99; 26 Ky.R. 663; 1017; eff. 10-20-99; 33 Ky.R. 634; 1095; eff. 10-18-2006; 35 Ky.R. 1668; 1783; eff. 2-18-2009; 48 Ky.R. 212, 1179; eff. 10-20-2021.

Chapter 2 K-TAP, Kentucky Works, Welfare to Work, State Supplementation

921 KAR 2:006 Technical requirements for the Kentucky Transitional Assistance Program (KTAP) {#sec-921-kar-2-006 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:006}

Section 1. Definitions.

(1) "Assistance" is defined by 45 C.F.R. 260.31.

(2) "Barriers" means a limitation in an individual's ability to become employed and self-sufficient or to comply with KTAP requirements.

(3) "Battered or subjected to extreme cruelty" is defined by 45 C.F.R. 1626.2(b).

(4) "Benefit group" means a group composed of one (1) or more children and may include as a specified relative a person pursuant to Section 6 of this administrative regulation.

(5) "Child" means "minor child" as defined by 45 C.F.R. 260.30.

(6) "Domestic violence and abuse" is defined by KRS 403.720(2).

(7) "Family member" means an individual:

(a) Related by blood, marriage, or adoption to a child or a work-eligible individual, as defined by 45 C.F.R. 261.2(n), in the benefit group; or

(b) Who is a member of an unmarried couple and has a child in the benefit group in common with the work-eligible individual, as defined by 45 C.F.R. 261.2(n).

(8) "Kentucky Transitional Assistance Program" or "KTAP" means Kentucky's Temporary Assistance for Needy Families (TANF) cash assistance program for eligible families with a child living in the home.

(9) "Kentucky Works Program" or "KWP" means the program established in 921 KAR 2:370.

(10) "Minor teenage parent" means an individual who:

(a) Has not attained eighteen (18) years of age;

(b) Is not married, or is married and not living with the spouse; and

(11) "Penalized individual" means a person who is required to be included in the benefit group, but fails to fulfill an eligibility requirement that causes a reduction in benefits of the benefit group. If otherwise eligible, a penalized individual remains a member of the benefit group.

(12) "Qualified immigrant" means an immigrant lawfully admitted for permanent residence pursuant to 8 U.S.C. 1101 to 1524.

(13) "Sanctioned individual" means a person who is required to be included in the benefit group, but who is excluded from the benefit group due to failure to fulfill an eligibility requirement.

(14) "Second chance home" means an entity that:

(a) Provides a minor teenage parent a supportive and supervised living arrangement; and

(b) Requires a minor teenage parent to learn:

Parenting skills, including child development;
Family budgeting;
Health and nutrition; and
Other skills to promote long-term economic independence and the well-being of the child of the minor teenage parent.

(15) "Severe form of trafficking in persons" is defined by 22 U.S.C. 7102(11).

(16) "Striker" means an employed individual who is participating in:

(a) A work stoppage;

(b) A concerted slowdown of work; or

(17) "Supplemental Security Income" or "SSI" means a monthly cash payment made pursuant to:

(a) 42 U.S.C. 1381 to 1384 to the aged, blind, or persons with a disability;

(b) 42 U.S.C. 1382e; or

(18) "Two parent case" means KTAP benefits paid to a family if both parents live in the home and are both required to participate in the KWP.

(19) "Work" means participation in a KWP activity pursuant to 921 KAR 2:370, Section 2(1)(c).

Section 2. Eligible Parent.

(1) An eligible parent shall include the natural, adopted, or adjudicated parent of the child.

(2) An adjudicated parent shall include an administrative establishment of the relationship.

(3) A stepparent shall not be an eligible parent.

Section 3. Age and School Attendance.

(1) The definition of"child" shall be met for at least one (1) person living in the home.

(2) Verification of school attendance shall be required for a:

(a) Child who is eighteen (18) years of age, in order to determine his or her continuing eligibility; or

(b) Minor teenage parent pursuant to Section 15(1) of this administrative regulation.

(3) Unless the parent states the child shall not reenter school, a child shall be considered in regular attendance in a month he or she is not attending because of:

(a) Official school or training program vacation;

(b) Illness;

(d) Family emergency.

(4) Verification of a high school diploma for a child under age eighteen (18) who is a high school graduate shall be required.

Section 4. Enumeration.

(1) A person included in the KTAP case shall furnish his or her Social Security number or apply for a number if one (1) has not been issued.

(2) Refusal to furnish the Social Security number or apply for a number shall result in the ineligibility of the person whose Social Security number is not furnished.

(3) The cabinet shall assist an individual in making application for a Social Security number, if needed.

Section 5. Residence and Citizenship.

(1) Residence. A resident shall be an individual who:

(a) Is living in the state voluntarily and not for a temporary purpose; or

(b)

Entered the state with a job commitment or seeking employment; and
Is not receiving assistance funded by a block grant program pursuant to 42 U.S.C. 601 to 619 from another state.

(2) Citizenship.

(a) Except as provided in paragraphs (b) and (c) of this subsection, KTAP shall be provided only to a United States citizen.

(b) A qualified immigrant who entered the United States before August 22, 1996, who is otherwise eligible for KTAP, shall be eligible for assistance.

(c) A qualified immigrant who entered the United States on or after August 22, 1996, shall not be eligible for KTAP for a period of five (5) years beginning on the date of the immigrant's entry into the United States with the following exceptions::

An immigrant who is admitted to the United States as a refugee pursuant to 8 U.S.C. 1157;
An immigrant who is granted asylum pursuant to 8 U.S.C. 1158;
An immigrant whose deportation is being withheld pursuant to:

a. 8 U.S.C. 1253, as in effect prior to April 1, 1997; or

b. 8 U.S.C. 1231(b);

An immigrant who is lawfully residing in Kentucky and is:

a. A veteran pursuant to 38 U.S.C. 101, 107, 1101, or 1301 with a discharge characterized as an honorable discharge and not on account of immigrant status;

b. On active duty other than active duty for training in the Armed Forces of the United States and who fulfills the minimum active duty service requirements pursuant to 38 U.S.C. 5303A(d);

c. The spouse or un-remarried surviving spouse if the marriage fulfills the requirements in 38 U.S.C. 1304, or unmarried dependent child of an individual described in clause a or b of this subparagraph;

d. A victim, a child of a victim, or spouse of a victim of a severe form of trafficking in persons who is admitted to the United States pursuant to 22 U.S.C. 7105; or

e. A parent or a sibling of a victim of a severe form of trafficking in persons who is admitted to the United States pursuant to 22 U.S.C. 7105 and is under eighteen (18) years of age;

An immigrant who is a Cuban or Haitian entrant pursuant to 8 U.S.C. 1522;
An immigrant who is admitted to the United States as an Amerasian immigrant pursuant to 8 U.S.C. 1101; or
An immigrant admitted to the United States as an Afghan or Iraqi special immigrant on or after December 19, 2009, in accordance with Pub. L. 111-118, Section 8120.

(d) Failure of the parent or other adult applying for or receiving benefits to verify citizenship or immigrant status shall cause the needs of the parent or other adult to be removed from the case.

Section 6. Living with a Specified Relative.

(1) To be eligible for KTAP, a child shall be living in the home of a relative as follows:

(a) A blood relative, including a relative of a half-blood sibling;

(b) A person listed in paragraph (a) of this subsection if the alleged father has had relationship established through the administrative determination process pursuant to Section 7 of this administrative regulation;

(d) A relative by marriage, even if the marriage may have terminated, if termination occurred after the birth of the child.

A couple that has been considered married by a state with a common-law marriage provision shall be considered married in Kentucky for KTAP eligibility purposes; and
The statement of the applicant or recipient that the couple's marriage is recognized from another state as a common-law marriage shall be accepted as verification by the cabinet.

(2) Cash assistance shall not be provided for a child who is absent, or expected to be absent, from the home for a period of thirty (30) consecutive days or more unless good cause exists. Good cause for absence, or expected absence, of the child from the home for a period of thirty (30) consecutive days or more shall exist if the parent or relative caregiver continues to exercise care and control of the child and the child is absent due to:

(a) Medical care;

(b) Attendance at school, including boarding school;

(d) Foster care, as verified by the cabinet; or

(e) A short visit with a friend or relative if it is intended that the child will return to the home and the parent or specified relative caregiver maintains parental control of the child.

(3)

(a) A child shall be removed from the benefit group the first administratively feasible month following thirty (30) consecutive days from the date the child is placed in foster care.

(b) If the only eligible child in the benefit group is absent due to foster care, the otherwise eligible parent or parents in the benefit group shall:

Remain eligible for sixty (60) days from the date the child is placed in foster care; and
Be discontinued the first administratively feasible month following sixty (60) days from the date the child is placed in foster care if no other eligible child is in the benefit group.

(4)

(a) If a parent or specified relative caregiver fails to notify the cabinet of a thirty (30) consecutive day or more absence of the child for a reason other than one (1) of the good cause reasons listed in subsection (2) of this section, the parent or specified relative caregiver shall not be eligible for his or her share of KTAP benefits during the period of the child's unreported absence of thirty (30) consecutive days or more.

(b) Ineligible benefits received by the parent or specified relative and child during the period of the child's unreported absence of thirty (30) consecutive days or more shall be recouped pursuant to 921 KAR 2:016, Section 11.

Section 7. Administrative Establishment of Relationship.

(1) An administrative determination of relationship as established in this administrative regulation shall be used only to establish relationship for KTAP eligibility if the following type of evidence is present:

(a) A birth certificate listing the alleged parent;

(b) Legal document which shall include:

Hospital record;
Juvenile court record;
Will; or
Other court record that clearly indicates the relationship of the alleged parent or specified relative caregiver;

(d) Documents declaring voluntary paternity as specified in 901 KAR 5:070, Section 1; or

(e) A sworn statement or affidavit of either parent acknowledging relationship plus one (1) of the following:

School record;
Bible record;
Immigration record;
Naturalization record;
Church document, such as baptismal certificate;
Passport;
Military record;
U.S. Census record; or
Notarized statement or affidavit from an individual having specific knowledge about the relationship between the alleged parent and child.

(2) Rebuttal of administrative relationship shall occur if the parent or, in the absence of the parent, the caretaker relative:

(a) Alleges the evidence pursuant to subsection (1)(a) or (b) of this section is erroneous;

(b) Provides substantiation of the erroneous information; and

Acknowledging the erroneous information; and
Containing the correct information on the actual alleged parent.

(3) Presence of the notarized statement or affidavit pursuant to subsection (2)(c) of this section shall serve as rebuttal to the evidence present in subsection (1)(a) or (b) of this section and a determination of relationship shall not be acknowledged.

Section 8. One

(1) Category of Assistance. (1) A child or adult relative shall not be eligible for KTAP if receiving SSI.

(2) If a child who receives SSI meets the KTAP eligibility requirements and is living in the home of a specified relative, the specified relative caregiver shall be approved for KTAP if all other eligibility factors are met.

(3) If a child who receives foster care benefits meets the KTAP eligibility requirements and is living in the home of a specified relative, the specified relative caregiver shall be approved for KTAP if all other eligibility factors are met.

Section 9. Strikers.

(1) A family shall be ineligible for benefits for a month the parent, with whom the child is living on the last day of the month, is participating in a strike.

(2) A specified relative other than the parent shall be ineligible for benefits for a month if, on the last day of the month, the relative is participating in a strike.

Section 10. Work Registration. An adult applicant or recipient of the KTAP benefit group shall register for work pursuant to 921 KAR 2:370, Section 4(3).

Section 11. Assessment. A work-eligible individual, as defined by 45 C.F.R. 261.2(n), shall complete an assessment pursuant to 921 KAR 2:370.

Section 12. Kentucky Works Program. The technical requirements for participation in the Kentucky Works Program (KWP) shall be pursuant to 921 KAR 2:370.

Section 13. Cooperation in Child Support Activities.

(1) In cooperation with the Department for Income Support, the Department for Community Based Services shall attempt to secure parental support, and if necessary establish paternity, for a child receiving assistance who has a parent absent from the home due to:

(a) Divorce;

(b) Desertion;

(d) Legal separation;

(e) Forced separation; or

(f) Marriage annulment.

(2) With the exception of a good cause reason, pursuant to subsections (4) and (5) of this section, avoidance of the twenty-five (25) percent reduction of the amount of the payment maximum in KTAP benefits pursuant to subsection (7) of this section shall be dependent upon the applicant's or recipient's cooperation in child support activities that shall include:

(a) Identifying the noncustodial parent or obligor;

(b) Providing information to assist in the:

Location of the noncustodial parent or obligor;
Enforcement of a child support order; or
Review or modification of a child support order;

(d) Establishing, modifying or enforcing a child support order; and

(e) Forwarding a child support payment received to the state's centralized collection agency.

(3) The cabinet shall inform the applicant or recipient of the individual's right to file a good cause claim for refusing to cooperate in a child support activity.

(4) The applicant or recipient shall be excused from penalty for failure to cooperate with a child support activity, pursuant to subsection (2) of this section, if one (1) of the following criteria is met:

(a) Cooperation is reasonably anticipated to result in physical or emotional harm of a serious nature to the:

Child; or
Caretaker relative to an extent that it would reduce the capacity to care for the child adequately;

(b) The child was conceived as a result of incest or forcible rape and the cabinet believes it would be detrimental to the child to require the applicant's or recipient's cooperation;

(c) Legal proceedings for adoption of the child by a specific family are pending before a court of competent jurisdiction and the cabinet believes it would be detrimental to the child to require the applicant's or recipient's cooperation; or

(d) The applicant or recipient is being assisted by a public or licensed private social service agency to resolve whether to keep the child or release the child for adoption if:

Discussion has not gone on for more than three (3) months; and
The cabinet believes it would be detrimental to the child to require the applicant's or recipient's cooperation.

(5) Unless an extension is granted, the applicant or recipient shall have thirty (30) days from the date the good cause claim is made to provide evidence to substantiate the claim.

(a) Evidence used to determine good cause shall include:

Birth certificate, medical information, or law enforcement record indicating that the child was conceived as a result of incest or forcible rape;
Court document or other record indicating legal proceedings for adoption of the child by a specific family is pending before a court of competent jurisdiction;
Record or other evidence indicating the noncustodial parent, or obligor, or the alleged parent might inflict physical or emotional harm on the child or caretaker relative;
A written statement from a public or licensed private social service agency that assistance is being given to the applicant or recipient to resolve the issue of whether to keep the child or relinquish the child for adoption, and the issue has not been pending more than three (3) months; or
Notarized statement from an individual, other than the applicant or recipient, with knowledge of the circumstance that provides the basis for the good cause claim.

(b) In each good cause determination based upon anticipation of serious emotional harm to the child or caretaker relative, the following shall be considered:

The present emotional state of the individual subject to emotional harm;
The emotional health history of the individual;
The extent and probable duration of the individual's emotional impairment; and
The extent of involvement required by the individual in establishing paternity or enforcing a support obligation.

(c) If the good cause claim is based on the anticipation of physical harm to the child or caretaker relative, and corroborative evidence is not submitted, the cabinet shall conduct an investigation if it is believed that:

Corroborative evidence is not available; and
The claim is credible without corroborative evidence.

(d) If the cabinet conducts an investigation of a good cause claim, it shall not contact the noncustodial parent or obligor, or the alleged parent regarding support, unless the contact is necessary to establish the good cause claim.

(e) If it is necessary for the cabinet to contact the noncustodial parent, or obligor, or the alleged parent during the investigation of a good cause claim, the worker shall notify the applicant or recipient of the proposed contact to either:

Obtain permission for the contact; or
Enable the applicant or recipient to:

a. Present additional evidence or information so that the contact shall be unnecessary;

b. Withdraw the application for assistance or request discontinuance of KTAP; or

c. Have the good cause claim denied.

(6) After receipt of evidence to substantiate the good cause claim or conducting an investigation, the cabinet shall:

(a) Document the case;

(b) Determine that good cause:

Exists and a support activity cannot be initiated without endangering the:

a. Best interests of the child; or

b. Physical or emotional health of the child or the relative; or

Does not exist;

(d) Identify each case that good cause is established, but may be subject to change, for subsequent review.

(7) If the specified relative refuses to cooperate without good cause criteria being claimed, or claimed but not considered to be met by the cabinet, KTAP benefits shall be reduced by twenty-five (25) percent of the amount of the maximum payment for the appropriate family size pursuant to Section 9 of 921 KAR 2:016.

(8) If, after the reduction of the KTAP payment for failure to cooperate, the specified relative states he or she will cooperate, the cabinet shall:

(a) Remove the twenty-five (25) percent reduction in benefits effective the first administratively feasible month if the individual states he or she will cooperate and verification of cooperation is provided timely; and

(b) Not authorize a back payment for the period the individual did not cooperate.

(9) As a condition of eligibility for assistance, each applicant for, or recipient of, KTAP shall make an assignment of rights to the state for support that the applicant or recipient may have from any other person in accordance with KRS 205.720(1). The assignment shall:

(a) Include all members of the case for whom support rights apply; and

(b) Be completed at the time of application for KTAP benefits.

Section 14. Potential Entitlement for Other Programs.

(1) An applicant or recipient shall apply for and comply with the requirements to receive another benefit if potential entitlement exists.

(2) Failure to apply for another benefit or comply with its requirements shall result in ineligibility for KTAP.

(3) If an applicant or recipient voluntarily reduces the amount of benefits received from another source, other than for the purpose of reimbursing the source for a previous overpayment, this action shall result in ineligibility.

Section 15. Minor Teenage Parents.

(1) A minor teenage parent shall participate in an educational activity directed toward the attainment of a high school diploma, or its equivalent, or a cabinet approved alternate education or training program if the individual has:

(a) A minor child at least twelve (12) weeks of age in his or her care; and

(b) Not completed a high school education (or its equivalent).

(2) Except pursuant to subsection (4) of this section, a minor teenage parent and his or her minor child shall reside in:

(a) A place of residence maintained by:

A parent;
A legal guardian; or
An adult relative pursuant to Section 6 of this administrative regulation; or

(b) An appropriate adult supervised supportive living arrangement, that includes a second chance home or maternity home, taking into consideration the needs and barriers of the minor teenage parent.

(3) The cabinet shall provide or assist the minor teenage parent in locating a second chance home, maternity home, or other appropriate adult supervised supportive living arrangement if the:

(a) Minor teenage parent does not have a:

Parent, legal guardian, or appropriate adult relative pursuant to Section 6 of this administrative regulation who is living or whose whereabouts is known; or
Living parent, legal guardian, or other appropriate adult relative pursuant to Section 6 of this administrative regulation who:

a. Otherwise meets applicable state criteria to act as the legal guardian of the minor teenage parent; and

b. Would allow the minor teenage parent to live in the home of the parent, guardian, or relative pursuant to Section 6 of this administrative regulation; or

(b) Cabinet determines:

The minor teenage parent or the minor child of the teenage parent is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the residence of the minor teenage parent's own parent or legal guardian; or
Substantial evidence exists of an act or failure to act that presents an imminent or serious harm if the minor teenage parent and the minor child lived in the same residence with the minor teenage parent's own parent or legal guardian.

(4) The requirement in subsection (2) of this section shall be waived if the cabinet determines:

(a) Living in the place of residence maintained by the parent, legal guardian, or adult relative pursuant to Section 6 of this administrative regulation is not in the best interest of the minor child taking into consideration the needs of the minor child; or

(b) The minor teenage parent's current living arrangement is appropriate.

(5) If a circumstance changes and the current arrangement ceases to be appropriate based on the needs and barriers of the minor teenage parent, the cabinet shall assist the minor teenage parent in finding an alternate appropriate arrangement.

(6) If the minor teenage parent is determined to be ineligible for KTAP as a result of not complying with a provision found in this section, payment shall continue for the eligible child of the minor teenage parent.

(7) Even if exemption criteria are met and the cabinet determines the minor teenage parent's current living arrangement is appropriate, a minor teenage parent and the child, who do not reside in a place of residence maintained by a parent, legal guardian, other adult relative pursuant to Section 6 of this administrative regulation, second chance home, or maternity home, shall be considered an adult regarding benefit time limitations pursuant to Section 16 of this administrative regulation.

Section 16. Benefit Time Limits.

(1) KTAP, or any other assistance from a federally-funded program pursuant to 42 U.S.C. 601 to 619, shall not be provided for more than sixty (60) cumulative months to a benefit group that includes:

(a) An adult; or

(b) A minor teenage parent who is head of household.

(2) After assistance has been received for sixty (60) months, an otherwise eligible benefit group containing one (1) of the following individuals shall be allowed an extension of the sixty (60) month time limit, during the period the individual:

(a) Is battered or subjected to extreme cruelty. During the extension period the individual shall have an individual service plan pursuant to Section 19(1)(b) of this administrative regulation;

(b) Is a work-eligible individual in the benefit group, who the cabinet determines has a physical or mental disability. During the extension period, the individual shall comply with:

Treatment or other activity recommended by the referral source and approved by the cabinet, as required by the Kentucky Works Program pursuant to 921 KAR 2:370, Sections 2(1)(c)12 and 4(2); and
Child support cooperation requirements pursuant to Section 13 of this administrative regulation;

(c) In accordance with 45 C.F.R. 261.2(n)(2)(i), is a parent providing care for a disabled family member living in the home as verified pursuant to 921 KAR 2:370, Section 3(5). During the extension period, the individual shall comply with child support cooperation requirements pursuant to Section 13 of this administrative regulation;

(d) Is a grandparent or other relative, except for a parent, caring for an eligible child who would otherwise be placed in foster care. The caretaker relative shall continue to comply with:

Child support cooperation requirements pursuant to Section 13 of this administrative regulation; and
Except for a caretaker relative age sixty (60) or over, KWP requirements pursuant to 921 KAR 2:370 if the caretaker relative is included in the benefit group;

(e) Is an adult with insufficient employment opportunities, who:

Has complied with:

a. KWP requirements pursuant to 921 KAR 2:370; and

b. Child support cooperation requirements pursuant to Section 13 of this administrative regulation;

During the extension period, shall:

a. Comply with:

(i) KWP requirements pursuant to 921 KAR 2:370;

(ii) Child support cooperation requirements pursuant to Section 13 of this administrative regulation;

(iii) Employment opportunities and activities listed on the KW-202, KTAP Transitional Assistance Agreement, incorporated by reference in and pursuant to 921 KAR 2:370, Section 4(2); and

(iv) Work registration requirements pursuant to 921 KAR 2:370, Section 4(3); and

b. Not quit or refuse a job without good cause pursuant to 921 KAR 2:370, Section 6; and

Shall be limited to an extension period of six (6) consecutive months; or

(f)

Received a domestic violence and abuse exemption pursuant to Section 19(2) of this administrative regulation, up to the number of months the individual received KTAP during the domestic violence and abuse exemption.
During the extension period, the individual shall comply with:

a. Child support cooperation requirements pursuant to Section 13 of this administrative regulation; and

b. KWP requirements pursuant to 921 KAR 2:370.

(3) If otherwise eligible, a benefit group containing a member who has lost a job, through no fault of the recipient, within thirty (30) days of reaching the sixty (60) month time limit shall receive a three (3) consecutive month extension of the time limitation.

(4) A benefit group that receives an extension to the sixty (60) months' time limit shall be reviewed:

(a) Every six (6) months for an extension pursuant to subsection (2)(a), (c), or (f) of this section;

(b) Every three (3) months for an extension pursuant to subsection (2)(e) of this section;

(c) Every three (3) months or the medical review team review period for an extension pursuant to subsection (2)(b) of this section; or

(d) Annually for an extension pursuant to subsection (2)(d) of this section.

(5) The cabinet shall send a notice containing a list of the hardship extensions, pursuant to subsection (2) of this section, to a benefit group nearing the sixty (60) month time limit.

(6) A benefit group discontinued from KTAP due to reaching the sixty (60) month time limitation shall receive a notice pursuant to 921 KAR 2:046, Section 4.

(7) The cabinet shall conduct a review at least two (2) months prior to the expiration of the sixty (60) month time limit to:

(a) Determine if the benefit group meets criteria established for a hardship extension pursuant to subsection (2) of this section; and

(b) Inform the benefit group of safety net services, pursuant to 922 KAR 1:400, Section 5.

(8)

(a) KTAP shall not be provided to a benefit group, pursuant to Section 2(1) of 921 KAR 2:016, that includes an adult, or minor teenage parent pursuant to Section 15(7) of this administrative regulation, who has:

Received six (6) cumulative months of assistance from a federally funded program pursuant to 42 U.S.C. 601 to 619; and
Been penalized for failure to cooperate in KWP, pursuant to 921 KAR 2:370, for a period of three (3) cumulative months.

(b) An adult or minor teenage parent in paragraph (a) of this subsection shall receive assistance if the individual:

Demonstrates cooperation in KWP pursuant to 921 KAR 2:370;
Meets the technical requirements established in this administrative regulation; and
Meets the standard of need in accordance with 921 KAR 2:016.

(9) Time limitations shall apply to a:

(a) Sanctioned individual; or

(b) Penalized individual.

Section 17. Receiving Assistance in Two (2) or More States.

(1) KTAP assistance shall be denied for ten (10) years to a person who has been convicted in federal or state court of having made a fraudulent statement or representation committed after August 22, 1996, with respect to the place of residence of the individual in order to receive assistance simultaneously from two (2) or more states for:

(a) A program pursuant to:

42 U.S.C. 601 to 619;
42 U.S.C. 1396; or
7 U.S.C. 2011 to 2036; or

(b) Benefits received under SSI.

(2) The requirement in subsection (1) of this section shall not apply to a conviction for a month beginning after the granting of a pardon by the President of the United States with respect to the conduct that was the subject of the conviction.

(3) An individual in subsection (1) of this section living with a child receiving assistance shall be required to cooperate in KWP in accordance with 921 KAR 2:370.

Section 18. Fugitive Felons.

(1) KTAP assistance shall not be provided to an individual:

(a) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or an attempt to commit a crime, committed or attempted to be committed after August 22, 1996, that is a felony; or

(b) Violating a condition of probation or parole imposed under federal or state law.

(2) Subsection (1) of this section shall not apply with respect to conduct of an individual for a month beginning after the President of the United States grants a pardon with respect to the conduct.

(3) An individual in subsection (1) of this section living with a child receiving assistance shall be required to cooperate in KWP in accordance with 921 KAR 2:370.

Section 19. Domestic Violence and Abuse.

(1)

(a) A KTAP applicant or recipient shall be screened for a history of domestic violence and abuse.

(b) If the applicant or recipient is identified as a survivor of domestic violence and abuse, an appropriate services plan shall be required for the individual. The plan shall:

Be developed by a provider of domestic violence and abuse services;
Reflect the individualized assessment and a revision made by a redetermination;
Include appropriate referral to counseling and supportive services based on the needs and barriers identified in the individualized assessment, as determined by the cabinet;
Be designed to lead safely to employment; and
Be completed at least every six (6) months.

(2) If compliance with the following KTAP requirements would make it more difficult for an individual receiving KTAP to escape domestic violence and abuse or unfairly penalize the individual who is a survivor of domestic violence and abuse, the individual shall not be required to meet:

(a) Residency requirements pursuant to Section 5 of this administrative regulation;

(b) Child support cooperation requirements pursuant to Section 13 of this administrative regulation;

(c) Time limitations, for so long as necessary and otherwise eligible, pursuant to Section 16 of this administrative regulation; or

(d) Participation in KWP requirements pursuant to 921 KAR 2:370.

History

RELATES TO: KRS 205.010, 205.2005, 205.703, 205.720(1), 403.720(2), 45 C.F.R. 260-265, Part 1626.2(b), 7 U.S.C. 2011-2036, 8 U.S.C. 1101-1524, 21 U.S.C. 802(6), 22 U.S.C. 7102(11), 7105, 38 U.S.C. 101, 107, 1101, 1301, 1304, 5303A(d), 42 U.S.C. 416, 601-619, 1381-1384, 1396, Pub. L. 111-118
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2), (3), 205.2003(1), 42 U.S.C. 601-619
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate all administrative regulations authorized by applicable state laws necessary to operate the programs and fulfill the responsibilities vested in the cabinet or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.2003(1) requires the secretary to promulgate administrative regulations to develop a work program for recipients of public assistance under Title IV-A of the Federal Social Security Act, 42 U.S.C. 601 to 619. KRS 205.200(2) requires the secretary to promulgate administrative regulations prescribing the conditions of eligibility for public assistance in conformity with 42 U.S.C. 602 and federal regulations. KRS 205.200(3) authorizes the secretary to promulgate administrative regulations prescribing as a condition of eligibility that a needy child regularly attend school, and the degree of relationship of the person or persons in whose home the needy child must reside. This administrative regulation establishes the technical requirements of eligibility for the Kentucky Transitional Assistance Program (KTAP).
History: 8 Ky.R. 616; eff. 2-1-1982; Am. 1187; eff. 6-25-1982; 9 Ky.R. 504; eff. 11-3-1982; 10 Ky.R. 181; eff. 11-2-1983; 943; 1164; eff. 6-1-1984; 11 Ky.R. 858; eff. 12-11-1984; 1942; eff. 7-9-1985; 12 Ky.R. 453; eff. 11-12-1985; 13 Ky.R. 800; eff. 11-11-1986; 2145; eff. 7-2-1987; 14 Ky.R. 1001; 1286; eff. 1-4-1988; 15 Ky.R. 2304; eff. 6-21-1989; 16 Ky.R. 238; eff. 9-20-1989; 17 Ky.R. 1608; eff. 12-9-1990; 2520; eff. 3-12-1991; 18 Ky.R. 500; 1047; eff. 10-6-1991; 3056; 3414; eff. 5-18-1992; 19 Ky.R. 520; 10-8-1992; 2130; 2442; eff. 4-21-1993; 20 Ky.R. 2229; 2643; eff. 3-14-1994; 21 Ky.R. 628; eff. 9-21-1994; 22 Ky.R. 388; 741; eff. 9-20-1995; 24 Ky.R. 1400; 1715; 1884; eff. 3-16-1998; 25 Ky.R. 1989; 2605; 2904; eff. 6-16-1999; Recodified from 904 KAR 2:006, 7-8-1999; 26 Ky.R. 1709; 1963; eff. 5-10-2000; 28 Ky.R. 169; 642; 892; eff. 9-25-2001; 31 Ky.R. 1610; 1996; 32 Ky.R. 88; eff. 7-25-2005; 33 Ky.R. 1446; 1823; eff. 2-2-2007; 35 Ky.R. 1324; 2062; eff. 3-11-2009; 37 Ky.R.1885; eff. 4-1-2011; 42 Ky.R. 572; eff. 11-18-2015; 49 Ky.R. 667,1280; eff. 3-16-2023.

Section 1. Definitions.

(1) "Activities of daily living" is defined by KRS 194A.700(1).

(2) "Adult" is defined by KRS 209.020(4).

(3) "Aid to the Aged, Blind and Disabled Program" means the former state-funded program for an individual who was aged, blind, or had a disability.

(4) "Care coordinator" means an individual designated by a community integration supplementation applicant or recipient to fulfill responsibilities established in Section 6(2) of this administrative regulation.

(5) "Department" means the Department for Community Based Services or its designee.

(6) "Full-time living arrangement" means a residential living status that is seven (7) days a week, not part time.

(7) "Instrumental activities of daily living" is defined by KRS 194A.700(15).

(8) "Private residence" means a dwelling that meets requirements of Section 4(2)(d) of this administrative regulation.

(9) "Qualified immigrant " means an immigrant who, at the time the person applies for, receives, or attempts to receive state supplementation, meets the U.S. citizenship requirements for "valid immigrant status", as defined by 907 KAR 20:001, Section 1(118).

(10) "Qualified mental health professional" is defined by KRS 202A.011(12).

(11) "Serious mental illness" or "SMI" means a mental illness or disorder in accordance with Section 6(1) of this administrative regulation.

(12) "Supplemental security income" or "SSI" means a monthly cash payment made pursuant to 42 U.S.C. 1381 through 1383f to the aged, blind, or disabled.

Section 2. Mandatory State Supplementation.

(1) A recipient for mandatory state supplementation shall include a former Aid to the Aged, Blind and Disabled Program recipient who became ineligible for SSI due to income but whose special needs entitled the recipient to an Aid to the Aged, Blind and Disabled Program payment as of December 1973.

(2) A mandatory state supplementation recipient shall comply with the same payment requirements as established in Section 4 of this administrative regulation.

(3) A mandatory state supplementation payment shall be equal to the difference between:

(a) The Aid to the Aged, Blind and Disabled Program payment for the month of December 1973; and

(b)

The total of the SSI payment; or
The total of the SSI payment and other income for the current month.

(4) A mandatory payment shall discontinue if:

(a) The needs of the recipient as recognized in December 1973 have decreased; or

(b) Income has increased to the December 1973 level.

(5) The mandatory payment shall not be increased unless:

(a) Income as recognized in December 1973 decreases;

(b) The SSI payment is reduced, but the recipient's circumstances are unchanged; or

(c) The standard of need as established in Section 9 of this administrative regulation for a class of recipients is increased.

(6) If a husband and wife are living together, an income change after September 1974 shall not result in an increased mandatory payment unless total income of the couple is less than December 1973 total income.

Section 3. Optional State Supplementation Program.

(1) Except as established in Sections 7, 8, and 9 of this administrative regulation, optional state supplementation shall be available to a person who meets technical requirements and resource limitations of the medically needy program for a person who is aged, blind, or has a disability in accordance with:

(a) 907 KAR 20:001;

(b) 907 KAR 20:005, Sections 5(2), (3), (4), (7), 10, and 12;

(d) 907 KAR 20:025; or

(e) 907 KAR 20:040, Section 1.

(2) A person shall apply or reapply for the state supplementation program in accordance with 921 KAR 2:035 and shall be required to:

(a) Submit a Social Security number; or

(b) Apply for a Social Security number, if a Social Security number has not been issued.

(3) If potential eligibility exists for SSI, an application for SSI shall be mandatory.

(4) The effective date for state supplementation program approval shall be in accordance with 921 KAR 2:050.

Section 4. Optional State Supplementation Payment.

(1) An optional supplementation payment shall be issued in accordance with 921 KAR 2:050 for an eligible individual who:

(a) Requires a full-time living arrangement;

(b) Has insufficient income to meet the payment standards established in Section 9 of this administrative regulation; and

(c)

Resides in a personal care home and is eighteen (18) years of age or older in accordance with KRS 216.765(2);
Resides in a family care home and is at least eighteen (18) years of age in accordance with 902 KAR 20:041, Section 3(14);
Receives caretaker services and is at least eighteen (18) years of age; or

a. Resides in a private residence;

b. Is at least eighteen (18) years of age; and

c. Has SMI.

(2) A full-time living arrangement shall include:

(a) Residence in a personal care home that:

Meets the requirements and provides services established in 902 KAR 20:036; and
Is licensed under KRS 216B.010 through 216B.131;

(b) Residence in a family care home that:

Meets the requirements and provides services established in 902 KAR 20:041; and
Is licensed under KRS 216B.010 through 216B.131;

(d) A private residence, which shall:

Be permanent housing with:

a. Tenancy rights; and

b. Preference given to single occupancy; and

Afford an individual with SMI choice in activities of daily living, social interaction, and access to the community.

(3) A guardian or other payee who receives a state supplementation check for a state supplementation recipient shall:

(a) Return the check to the Kentucky State Treasurer, the month after the month of:

Discharge to a:

a. Nursing facility, unless the admission is for temporary medical care as specified in Section 10 of this administrative regulation; or

b. Residence other than a private residence pursuant to subsection (2)(d) of this section; or

Death of the state supplementation recipient; and

(b) Notify a local county department within five (5) working days of the death or discharge of the state supplementation recipient.

(4) Failure to comply with subsection (3)(a) of this section may result in prosecution. Prosecution shall be in accordance with KRS Chapter 514.

(5) If there is no guardian or other payee, a personal care or family care home that receives a state supplementation check for a state supplementation recipient shall:

(a) Return the check to the Kentucky State Treasurer, the month after the month of:

Discharge to a:

a. Nursing facility, unless the admission is for temporary medical care as established in Section 10 of this administrative regulation;

b. Another personal care or family care home; or

c. Residence other than a private residence pursuant to subsection (2)(d) of this section; or

Death of the state supplementation recipient; and

(b) Notify a local county department within five (5) working days of the:

Death or discharge of the state supplementation recipient; or
Voluntary relinquishment of a license to the Office of the Inspector General.

(6) If a personal care or family care home receives a state supplementation check after voluntary relinquishment of a license, as established in subsection (5)(b)2. of this section, the personal care or family care home shall return the check to the Kentucky State Treasurer.

(7) Failure to comply with subsections (5)(a) or (6) of this section may result in prosecution. Prosecution shall be in accordance with KRS Chapter 514.

Section 5. Eligibility for Caretaker Services.

(1) Service by a caretaker shall be provided to enable an adult to:

(a) Remain safely and adequately:

At home;
In another family setting; or
In a room and board situation; and

(b) Prevent institutionalization.

(2) Service by a caretaker shall be provided at regular intervals by:

(a) A live-in attendant; or

(b) One (1) or more persons hired to come to the home.

(3) Eligibility for caretaker supplementation shall be verified annually by the cabinet with the caretaker to establish how:

(a) Often the service is provided;

(b) The service prevents institutionalization; and

(4) A supplemental payment shall not be made to or on behalf of an otherwise eligible individual if the:

(a) Client is taken daily or periodically to the home of the caretaker; or

(b) Caretaker service is provided by the following persons living with the applicant:

The spouse;
Parent of an adult or minor child who has a disability; or
Adult child of a parent who is aged, blind, or has a disability.

Section 6. Eligibility for Community Integration Supplementation.

(1) Eligibility for the community integration supplementation shall be based upon a diagnosis of SMI by a qualified mental health professional. SMI shall:

(a) Not include a primary diagnosis of Alzheimer's disease or dementia;

(b) Be described in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM);

(c) Impair or impede the individual's functioning in at least one (1) major area of living, such as inability to care for or support self, communicate, or make and maintain interpersonal relationships; and

(d) Be unlikely to improve without treatment, services, or supports.

(2) Eligibility for the community integration supplementation shall be verified annually by the cabinet with the applicant, recipient, or care coordinator to establish how:

(a) Often services, including those that address subsection (1)(c) of this section, are provided;

(b) The services prevent institutionalization and support private residence in accordance with Section 4(2)(d) of this administrative regulation; and

(3) Unless criteria in Section 10 of this administrative regulation are met by the applicant or recipient, SMI supplementation shall not be available to a resident of a home, facility, institution, lodging, or other establishment:

(a) Licensed or registered in accordance with KRS Chapter 216B; or

(b) Certified in accordance with KRS Chapter 194A.

Section 7. Resource Consideration.

(1) Except as established in subsection (2) of this section, countable resources shall be determined according to policies for the medically needy in accordance with:

(a) 907 KAR 20:001;

(b) 907 KAR 20:020, Section 2(4)(a);

(d) 907 KAR 20:040, Section 1.

(2) An individual or couple shall not be eligible if countable resources exceed the limit of:

(a) $2,000 for an individual; or

(b) $3,000 for a couple.

Section 8. Income Considerations.

(1) Except as established in subsections (2) through (8) of this section, income and earned income deductions shall be considered according to the policy for the medically needy in accordance with:

(a) 907 KAR 20:001;

(b) 907 KAR 20:020, Section 2(4)(a);

(d) 907 KAR 20:040, Section 1.

(2) The optional supplementation payment shall be determined by:

(a) Adding:

Total countable income of the applicant or recipient, or applicant or recipient and spouse; and
A payment made to a third party on behalf of an applicant or recipient; and

(b) Subtracting the total of paragraph (a)1. and 2. of this subsection from the standard of need in Section 9 of this administrative regulation.

(3) Income of an ineligible spouse shall be:

(a) Adjusted by deducting sixty-five (65) dollars and one-half (1/2) of the remainder from the monthly earnings; and

(b) Conserved in the amount of one-half (1/2) of the SSI standard for an individual for:

The applicant or recipient; and
Each minor dependent child.

(4) Income of an eligible individual shall not be conserved for the needs of the ineligible spouse or minor dependent child.

(5) Income of a child shall be considered if conserving for the needs of the minor dependent child so the amount conserved does not exceed the allowable amount.

(6) The earnings of the eligible individual and ineligible spouse shall be combined prior to the application of the earnings disregard of sixty-five (65) dollars and one-half (1/2) of the remainder.

(7) If treating a husband and wife who reside in the same personal care or family care home as living apart prevents them from receiving state supplementation, the husband and wife may be considered to be living with each other.

(8) The SSI twenty (20) dollar general exclusion shall not be an allowable deduction from income.

Section 9. Standard of Need.

(1) To the extent funds are available, the standard of need shall be the amount listed in this subsection in addition to all cost of living adjustments determined by the Social Security Administration that have taken place since 2021 pursuant to 42 U.S.C. 415(i) and published at https://www.ssa.gov/cola/:

(a) For a resident of a personal care home, $1,409;

(b) For a resident of a family care home, $965;

A single individual, or an eligible individual with an ineligible spouse who is not aged, blind, or has a disability, $855;
An eligible couple, both aged, blind, or having a disability and one (1) requiring care, $1,251; or
An eligible couple, both aged, blind, or having a disability and both requiring care, $1,305; or

(d) For an individual who resides in a private residence and has SMI, $1,313.

(2)

(a) In a couple case, if both are eligible, the couple's income shall be combined prior to comparison with the standard of need.

(b) One-half (1/2) of the deficit shall be payable to each.

(3) A personal care home shall accept as full payment for cost of care, the amount of the standard, based on the living arrangement, minus a sixty (60) dollar personal needs allowance that shall be retained by the client.

(4) A family care home shall accept as full payment for cost of care, the amount of the standard, based on the living arrangement, minus a forty (40) dollar personal needs allowance that shall be retained by the client.

Section 10. Temporary Stay in a Medical Facility.

(1) An SSI recipient who receives optional or mandatory state supplementation shall have continuation of state supplementation benefits without interruption for the first three (3) full months of medical care in a health care facility if the:

(a) SSI recipient meets eligibility for medical confinement established by 20 C.F.R. 416.212;

(b) Social Security Administration notifies the department that the admission shall be temporary; and

(c) Purpose shall be to maintain the recipient's home or other living arrangement during a temporary admission to a health care facility.

(2) A non-SSI recipient who receives mandatory or optional state supplementation shall have continuation of state supplementation benefits without interruption for the first three (3) full months of medical care in a health care facility if:

(a) The non-SSI recipient meets the requirements of subsection (1)(c) of this section;

(b) A physician certifies, in writing, that the non-SSI recipient is not likely to be confined for longer than ninety (90) full consecutive days; and

(c) A guardian or other payee, personal care home, or family care home, receiving a state supplementation check for the state supplementation recipient, provides a local county department office with:

Notification of the temporary admission; and
The physician statement established in paragraph (b) of this subsection.

(3) A temporary admission shall be limited to the following health care facilities:

(a) Hospital;

(b) Psychiatric hospital; or

(4) If a state supplementation recipient is discharged in the month following the last month of continued benefits, the temporary absence shall continue through the date of discharge.

Section 11. Citizenship requirements. An applicant or recipient shall be a:

(1) Citizen of the United States; or

(2) Qualified immigrant.

Section 12. Requirement for Residency. An applicant or recipient shall reside in Kentucky.

Section 13. Mental Illness or Intellectual Disability (MI/ID) Supplement Program.

(1) A personal care home:

(a) May qualify, to the extent funds are available, for a quarterly supplement payment of one (1) dollar per diem for a state supplementation recipient in the person care home's care as of the first calendar day of a qualifying month;

(b) Shall not be eligible for a payment for a Type A Citation that is not abated; and

Be licensed in accordance with KRS 216B.010 through 216B.131;
Care for a population that is at least thirty-five (35) percent mental illness or intellectual disability clients in all of its occupied licensed personal care home beds and who have a:

a. Primary or secondary diagnosis of intellectual disability including mild or moderate, or other ranges of intellectual disability whose needs can be met in a personal care home;

b. Primary or secondary diagnosis of mental illness excluding organic brain syndrome, senility, chronic brain syndrome, Alzheimer's, and similar diagnoses; or

c. Medical history that includes a previous hospitalization in a psychiatric facility, regardless of present diagnosis;

Have a licensed nurse or an individual who has received and successfully completed certified medication technician or Kentucky medication aide training on duty for at least four (4) hours during the first or second shift each day;
Not decrease staffing hours of the licensed nurse or individual who has successfully completed certified medication technician training in effect prior to July 1990, as a result of this minimum requirement;
Be verified by the Office of the Inspector General in accordance with 902 KAR 20:036, Section 6; and
File an STS-1, Mental Illness or Intellectual Disability (MI/ID) Supplement Program Application for Benefits, with the department by the tenth working day of the first month of the calendar quarter to be eligible for payment in that quarter.

a. Quarters shall begin in January, April, July, and October.

b. Unless mental illness or intellectual disability supplement eligibility is discontinued, a new application for the purpose of program certification shall not be required.

(2) A personal care home shall provide the department with its tax identification number, address, and staff information as part of the application process.

(3) The department shall provide an STS-2, Mental Illness or Intellectual Disability (MI/ID) Supplement Program Notice of Decision to Personal Care Home, to a personal care home following:

(a) Receipt of verification from the Office of the Inspector General as established in 902 KAR 20:036, Section 6; and

(b) Approval or denial of an application.

(4) A personal care home shall:

(a) Provide the department with an STS-3, Mental Illness or Intellectual Disability (MI/ID) Supplement Program Monthly Report Form, that:

Lists every resident of the personal care home who was a resident on the first day of the month;
Lists the last four (4) digits only of the resident's Social Security Number;
Lists the resident's date of birth; and
Is marked appropriately for each resident to indicate the resident:

a. Has a mental illness diagnosis;

b. Has an intellectual disability diagnosis; or

c. Receives state supplementation; and

(b) Submit the STS-3 to the department on or postmarked by the fifth working day of the month by:

Mail;
Fax; or
Electronically.

(5) The monthly report shall be used by the department for:

(a) Verification as established in subsection (4)(a) of this section;

(b) Payment; and

(6)

(a) A personal care home shall notify the department within ten (10) working days if its mental illness or intellectual disability percentage goes below thirty-five (35) percent for all personal care residents.

(b) A personal care home may be randomly audited by the department to verify percentages and payment accuracy.

(7) If a Type A Citation is received, the personal care home shall receive a reduced payment for the number of days the Type A Citation occurred on the first administratively feasible quarter following notification by the Office of the Inspector General, in accordance with 921 KAR 2:050.

(8) If a criterion for certification is not met, the department shall issue an STS-2 to a personal care home following receipt of the survey by the Office of the Inspector General as established in 902 KAR 20:036, Section 6(6).

(9) The personal care home shall provide the department with the information requested on the STS-2:

(a) Relevant to unmet certification criteria included on the STS-4, Mental Illness or Intellectual Disability (MI/ID) Supplement Certification Survey; and

(b) Within ten (10) working days after the STS-2 is issued.

(10) If a personal care home fails to provide the department with the requested information established in subsection (9) of this section, assistance shall be discontinued or decreased, pursuant to 921 KAR 2:046.

(11) If a personal care home is discontinued from the MI/ID Supplement Program, the personal care home may reapply for certification, by filing an STS-1 in accordance with subsection (1)(c)6. of this section, for the next following quarter.

Section 14. Mental Illness or Intellectual Disability (MI/ID) Training.

(1)

(a) A personal care home's licensed nurse or individual who has successfully completed certified medication technician or Kentucky medication aide training shall complete the personal care home mental illness or intellectual disability training workshop provided through the Department for Behavioral Health, Developmental and Intellectual Disabilities, once every two (2) years.

(b) Other staff may complete the training workshop in order to ensure the personal care home always has at least one (1) certified staff employed for certification purposes.

(2) The personal care home mental illness or intellectual disability training shall be provided through a one (1) day workshop. The following topics shall be covered:

(a) Importance of proper medication administration;

(b) Side effects and adverse medication reactions with special attention to psychotropics;

(d) SMI;

(e) SMI recovery;

(f) Characteristics of each major diagnosis, for example, paranoia, schizophrenia, bipolar disorder, or intellectual disability;

(g) Guidance in the area of supervision versus patient rights for the population with a diagnosis of mental illness or intellectual disability;

(h) Instruction in providing a necessary activity to meet the needs of a resident who has a diagnosis of mental illness or intellectual disability;

(i) Activities of daily living and instrumental activities of daily living;

(j) Adult learning principles; and

(k) Information about 908 KAR 2:065 and the process for community transition for individuals with SMI.

(3) Initial training shall:

(a) Include the licensed nurse or the individual who has successfully completed certified medication technician or Kentucky medication aide training, as established in 201 KAR 20:700, and may include the owner or operator; and

(b) Be in the quarter during which the STS-1 is filed with the department.

(4)

(a) A personal care home shall have at least one (1) direct care staff member who has received training.

(b) A personal care home shall have on staff a licensed nurse or individual who:

Has successfully completed certified medication technician or Kentucky medication aide training; and

a. Has received mental illness or intellectual disability training; or

b. Is enrolled in the next scheduled mental illness or intellectual disability training workshop.

(5) The Department for Behavioral Health, Developmental and Intellectual Disabilities shall provide within five (5) working days a:

(a) Certificate to direct care staff who complete the training workshop; and

(b) Listing to the department of staff who completed the training workshop.

(6) The department shall pay twenty-five (25) dollars, to the extent funds are available, to a personal care home:

(a) That has applied for the MI/ID Supplement Program; and

(b) For each staff member receiving training up to a maximum of five (5) staff per year.

Section 15. Hearings and Appeals. An applicant or recipient of benefits under a program established in this administrative regulation who is dissatisfied with an action or inaction on the part of the cabinet shall have the right to a hearing under 921 KAR 2:055.

Section 16. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "STS-1, Mental Illness or Intellectual Disability (MI/ID) Supplement Program Application for Benefits", 12/23;

(b) "STS-2, Mental Illness or Intellectual Disability (MI/ID) Supplement Program Notice of Decision to Personal Care Home", 01/15;

(d) "STS-4, Mental Illness or Intellectual Disability (MI/ID) Supplement Certification Survey", 01/19.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Cabinet for Health and Family Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at: https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

History

RELATES TO: KRS Chapter 194A, 202A.011(12), 205.245, 209.020(4), 216.765(2), Chapter 216B, Chapter 514, 20 C.F.R. Part 416, 42 U.S.C. 415(i), 1381 - 1383
STATUTORY AUTHORITY: KRS 194A.050(1), 205.245, 42 U.S.C. 1382e-g
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary under applicable state laws to protect, develop, and maintain the health, personal dignity, integrity, and sufficiency of the citizens of the Commonwealth and to operate the programs and fulfill the responsibilities of the cabinet. 42 U.S.C. 1382 authorizes the cabinet to administer a state funded program of supplementation to all former recipients of the Aid to the Aged, Blind, and Disabled Program as of December 13, 1973, and who were disadvantaged by the implementation of the Supplemental Security Income Program. KRS 205.245 requires the mandatory supplementation program and the supplementation to other needy persons who are aged, blind, or have a disability. In addition, any state that makes supplementary payments on or after June 30, 1977, and does not have a pass-along agreement in effect with the Commissioner of the Social Security Administration, formerly a part of the U.S. Department of Health, Education, and Welfare, shall be determined by the commissioner to be ineligible for payments under Title XIX of the Social Security Act in accordance with 20 C.F.R. 416.2099. This administrative regulation establishes the provisions of the supplementation program.
History: 3 Ky.R. 205; eff. 9-1-1976; Recodified from 904 KAR 1:007, 9-1-1976; 5 Ky.R. 68; eff. 9-6-1978; 276; eff. 4-4-1979; 942; eff. 7-17-1979; 6 Ky.R. 151; eff. 10-3-1979; 7 Ky.R. 268; eff. 10-1-1980; 582; 648; eff. 2-3-1981; 934; eff. 7-1-1981; 9 Ky.R. 269; eff. 9-8-1982; 624; eff. 12-1-1982; 10 Ky.R. 325; eff. 9-7-1983; 688; eff. 3-7-1984; 11 Ky.R. 293; eff. 9-11-1984; 12 Ky.R. 1443; eff. 3-4-1986; 13 Ky.R. 1492; eff. 3-6-1987; 14 Ky.R. 1003; eff. 12-11-1987; 1697; eff. 3-10-1988; 15 Ky.R. 1702; 3069; eff. 3-15-1989; 16 Ky.R. 1703; 2144; eff. 4-12-1990; 17 Ky.R. 1222; 1731; eff. 12-7-1990; 2527; eff. 3-12-1991; 18 Ky.R. 881; eff. 10-16-1991; 2441; eff. 3-7-1992; 19 Ky.R. 1445; 1783; eff. 1-27-1993; 20 Ky.R. 2234; eff. 3-14-1994; 21 Ky.R. 2804; eff. 6-21-1995; 22 Ky.R. 2141; eff. 7-5-1996; 23 Ky.R. 4232; 24 Ky.R. 380; eff. 7-16-1997; 2472; 25 Ky.R. 101; eff. 6-11-1998; Recodified from 904 KAR 2:015, 10-30-1998; 25 Ky.R. 2679; 26 Ky.R. 68; eff. 6-16-1999; 2053; eff. 7-17-2000; 27 Ky.R. 3175; 28 Ky.R. 93; eff. 7-16-2001; 28 Ky.R. 2459; 29 Ky.R. 137; eff. 7-15-2002; 2804; eff. 7-16-2003; 30 Ky.R. 1875; 2057; eff. 3-18-2004; 31 Ky.R. 1455; 1685; eff. 4-22-2005; 32 Ky.R. 424; eff. 10-19-2005; 1490; 1899; eff. 5-5-2006; 33 Ky.R. 2794; 3203; eff. 5-4-2007; 34 Ky.R. 1879; 2152; eff. 3-19-2008; 35 Ky.R. 1929; 2446; eff. 6-5-2009; 38 Ky.R. 1501; 1969; eff. 6-20-2012; 39 Ky.R. 1813; eff. 6-19-2013; 40 Ky.R. 1366; 1735; eff. 2-19-2014; 41 Ky.R. 1632; eff. 6-5-2015; 43 Ky.R. 1321; eff. 3-31-2017; 44 Ky.R. 1899; eff. 6-20-2018; 45 Ky.R. 2520, 3232; eff. 7-5-2019; 46 Ky.R. 2337; 47 Ky.R. 84; eff. 7-29-2020; 48 Ky.R. 684, 1564; eff. 11-23-2021; 50 Ky.R. 1589; 51 Ky.R. 58; eff. 7-30-2024.

921 KAR 2:016 Standards of need and amount for the Kentucky Transitional Assistance Program (KTAP) {#sec-921-kar-2-016 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:016}

Section 1. Definitions.

(1) "Assistance" is defined by 45 C.F.R. 260.31.

(2) "Benefit group" means a group composed of one (1) or more children and may include as specified relative a person pursuant to 921 KAR 2:006, Section 6.

(3) "Change in a circumstance" means a change in income or dependent care expense affecting the ongoing KTAP payment that includes:

(a) Beginning or ending employment;

(b) Change in an employer or obtaining additional employment;

(d) Increase or decrease in the rate of pay;

(e) Increase or decrease in the dependent care expense due to a change in:

Provider;
Number of hours of care;
Number of individuals for whom care is given; or
Amount charged; or

(f) Change in farm cropping arrangement or type of self-employment activity.

(4) "Claimant" means the individual responsible for the repayment of an overpayment.

(5) "Countable income" means income that remains after excluded income and appropriate deductions are removed from gross income.

(6) "Deduction" means an amount subtracted from gross income to determine countable income.

(7) "Electronic benefit transfer" or "EBT" means a computer-based electronic benefit transfer system in which an eligible household's benefit authorization is received from a central computer through a point of sale terminal or automated transfer machine.

(8) "Excluded income" means income that is received but not counted in the gross income test.

(9) "Full-time employment" means employment of thirty (30) hours per week or 130 hours per month or more.

(10) "Full-time school attendance" means a workload of at least:

(a) The number of hours required by the individual program for participation in:

An adult basic education program;
A general educational development program; or
A literacy program;

(b) The number of hours required by the individual program for participation in a college or university; or

(c) The number of hours required by the individual high school or vocational school to fulfill the high school or vocational school's definition of full time.

(11) "Gross income limitation standard" means 185 percent of the assistance standard, as established in Section 9 of this administrative regulation.

(12) "Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

(13) "Kentucky Works Program" or "KWP" means the program established in 921 KAR 2:370 that assists a:

(a) Recipient of KTAP in obtaining education, training, experience, and employment; or

(b) Former KTAP recipient with job retention services.

(14) "Lump sum income" means income that does not:

(a) Occur on a regular basis; or

(b) Represent accumulated monthly income received in a single sum.

(15) "Minor parent" means an individual who:

(a) Has not attained eighteen (18) years of age;

(b) Is not married or is married and not living with the spouse; and

(16) "Part-time employment" means employment of:

(a) Less than thirty (30) hours per week; or

(b) Less than 130 hours per month.

(17) "Part-time school attendance" means a workload that is less than full-time school attendance as determined by the educational institution.

(18) "Penalized individual" means a person who is required to be included in the benefit group but fails to fulfill an eligibility requirement, causing a reduction in benefits of the benefit group. If otherwise eligible, a penalized individual remains a member of the benefit group.

(19) "Recoupment" means recovery of an overpayment of an assistance payment.

(20) "Sanctioned individual" means a person who is required to be included in the benefit group, but who is excluded from the benefit group due to failure to fulfill an eligibility requirement.

(21) "Self-employment income" means income from a business enterprise if taxes are not withheld prior to receipt of the income by the individual.

(22) "Supplemental security income" or "SSI" means a monthly cash payment made pursuant to 42 U.S.C. 1381 to 1384 to the aged, blind, or persons with a disability.

(23) "Unavailable" means that the income is not accessible to the KTAP benefit group for use toward basic food, clothing, shelter, or utilities.

(24) "Workforce Innovation and Opportunity Act" or "WIOA" means a program to assist adults, dislocated workers, and youth with entering, retraining, and advancing within employment.

(25) "Work expense standard deduction" means a deduction from earned income intended to cover mandatory pay check deductions, union dues, and tools.

Section 2. Technical Eligibility.

(1) A benefit group shall include:

(a) A dependent child;

(b) A child's parent living in the home with the dependent child who is:

Eligible for KTAP; or
Ineligible for KTAP due to benefit time limitations pursuant to 921 KAR 2:006, Section 16;

(c) An eligible sibling living in the home with a dependent child, except for a sibling who is an applicant or recipient of the Kinship Care Program pursuant to 922 KAR 1:130; or

(d) An eligible child who is:

In full-time school attendance or part-time school attendance; and

a. Sixteen through eighteen (18) years of age; or

b. A minor parent.

(2) If the KTAP benefits to a household would be greater by excluding an otherwise eligible child related by subsidized adoption to the other members, the child shall not be included in the benefit group.

(3) If a dependent child's parent is a minor living in the home with an eligible parent, the minor's parent shall also be included in the benefit group if the minor's parent applied for assistance.

(4) A natural or adoptive parent of the child who is living in the home shall be included as second parent if the technical eligibility factors of 921 KAR 2:006 are met.

Section 3. Resource Limitations.

(1) A liquid asset shall be considered a countable resource if it is:

(a) Available to the benefit group; and

(b) Owned in whole or in part by:

An applicant or recipient;
A sanctioned or penalized individual; or
The parent of a dependent child, even if the parent is not an applicant or recipient, if the dependent child is living in the home of the parent.

(2) The total amount of resources reserved by a benefit group shall not be in excess of $10,000 in liquid assets, excluding an asset listed in subsection (3) of this section.

(3) Excluded resources.

(a) Resources from the following individuals shall be excluded from consideration:

A recipient of SSI or the state supplementation program living in the home;
A child excluded from the KTAP grant; or
An individual not receiving assistance but living in the home including:

a. The stepparent;

b. The parent or legal guardian of a minor parent;

c. The spouse of a nonresponsible specified relative; or

d. The spouse of a minor dependent child.

(b) The following resources shall not be included in the resource limit established in subsection (2) of this section:

Proceeds (sale price less indebtedness) from the sale of a home, including initial or down payment from land contract sale, for six (6) months if client plans to invest in another home;
Funds in an individual retirement account, retirement or deferred compensation account during the period of unavailability;
An excluded income payment, pursuant to Section 5 of this administrative regulation;
Principal and accrued interest of an irrevocable trust during a period of unavailability;
Prepaid burial funds;
Cash surrender value of all burial insurance policies per family member;
Principal of a verified loan;
Up to $12,000 to Aleutians and $20,000 to an individual of Japanese ancestry for payment made by the United States Government to compensate for hardship experienced during World War II;
A payment made from the Agent Orange Settlement Fund issued by Aetna Life and Casualty to a veteran or veteran's survivor;

a. Any federal tax refund or advance payment of a refundable federal tax credit for a period of twelve (12) months from receipt in accordance with 26 U.S.C. 6409; or

b. An earned income tax credit payment in the month of receipt and the following month;

A payment received from the Radiation Exposure Compensation Trust Fund;
A nonrecurring lump sum SSI retroactive payment that is made to a KTAP recipient who is not ongoing eligible for SSI, in the month paid and the next following month;
Up to a total of $15,000 in individual development accounts, excluding interest accruing, pursuant to subsection (7) of this section;
A payment received from the National Tobacco Growers Settlement Trust;
Savings in a 529 college savings plan account;
Savings in an ABLE account, pursuant to KRS 205.200(13); and
A payment received from the Transitional Compensation for Abused Dependents Program, 10 U.S.C. 1059.

(4) Disposition of resources.

(a) An applicant or recipient shall not have transferred or otherwise disposed of a liquid asset in order to qualify for assistance.

(b) The household's application shall be denied, or assistance discontinued if:

The transfer was made expressly for the purpose of qualifying for assistance; and
The amount of the transfer, when added to total resources, exceeds the resource limit.

(c) The time period of ineligibility shall be based on the resulting amount of excess resources and begins with the month of transfer.

(d)

If the amount of excess transferred resources does not exceed $2,500, the period of ineligibility shall be one (1) month.
The period of ineligibility shall be increased one (1) month for every $2,500 increment up to a maximum of twenty-four (24) months.

(5) Lifetime care agreement.

(a) The existence of a valid agreement between the applicant or recipient and another individual or organization that the applicant or recipient surrendered resources in exchange for lifetime care shall make the case ineligible.

(b) The agreement shall be considered invalid if the individual or organization with whom the agreement was made provides a written statement that the resources have been exhausted.

(6) Resources held jointly by more than one (1) person.

(a)

For a bank account requiring one (1) signature for withdrawal, the total balance of the account shall be considered available to the KTAP applicant or recipient, unless the other owner is a recipient of SSI.
If the other owner receives SSI, the:

a. Balance shall be divided evenly by the number of owners; and

b. KTAP applicant or recipient's share shall be considered available.

(b) For a bank account that requires more than one (1) signature for withdrawal, the KTAP applicant or recipient's share shall be determined by obtaining a written statement from the other owners as to the division.

(c) If there is no predetermined allocation of shares from a business enterprise, the applicant or recipient's available share shall be determined by dividing the value of the business enterprise by the number of owners.

(d) If a resource is held jointly, other than a resource pursuant to paragraphs (a) through (c) of this subsection, the applicant or recipient's share shall be determined by dividing the value of the resource by the number of owners.

(e) Rebuttal of ownership shall be accomplished if the applicant or recipient asserts no contribution to or benefits from a jointly held resource and provides:

A written statement regarding ownership, who may deposit and withdraw;
A written statement from each of the other owners that corroborates the applicant's or recipient's statement, unless the account holder is a minor or is incompetent; and
Verification that the applicant's or recipient's name has been removed from the resource.

(7)

(a) To be considered an exempt resource, the individual development account shall have been:

Established on or after May 1, 1997; and
Funded through periodic contributions by a member of the benefit group using funds derived from earned income that was earned after May 1, 1997, for a qualified purpose.

(b) A qualified purpose to establish an individual development account shall be for:

Postsecondary educational expense that shall include:

a. Tuition and fees required for the enrollment or attendance of a student at an eligible educational institution;

b. Fees, books, supplies, and equipment required for a course of instruction at an eligible educational institution; and

c. An eligible educational institution that shall be an:

(i) Institution pursuant to 20 U.S.C. 1088(b)(1); or

(ii) Area vocational education school pursuant to 20 U.S.C. 2302(3) or (13);

First home purchase that includes:

a. Costs of acquiring, constructing, or reconstructing a residence; and

b. Usual or reasonable settlement, financing, or other closing costs;

A business capitalization expenditure for a business that does not contravene a law or public policy, as determined by the cabinet, pursuant to a qualified plan which shall:

a. Include capital, plant, equipment, working capital, and inventory expenses;

b. Be approved by a financial institution; and

c. Include a description of a service or a good to be sold, a marketing plan, and projected financial statement. An applicant may use the assistance of an experienced entrepreneurial advisor if needed; or

Other purpose allowed by a federal regulation or clarification.

(c) Funds held in an individual development account shall not be withdrawn except for one (1) or more of the qualified purposes pursuant to paragraph (b) of this subsection.

(d) To be considered an exempt resource, an individual development account shall be matched by funds from a:

Nonprofit organization; or
State or local government agency, funding permitted, acting in cooperation with an organization pursuant to subparagraph 1 of this paragraph.

Section 4. Income Limitations. In determining eligibility for KTAP, the following shall apply:

(1) Gross income test:

(a) The total gross non-KTAP income shall not exceed the gross income limitation standard and shall include:

Income of the benefit group;
Income of a parent who does not receive SSI or state supplementation pursuant to 921 KAR 2:015;
Income of a sanctioned or penalized individual; and
An amount deemed available from:

a. The parent of a minor parent living in the home with the benefit group;

b. A stepparent living in the home; or

c. An immigrant's sponsor and sponsor's spouse if living with the sponsor;

(b) Excluded income types pursuant to Section 5(1) of this administrative regulation shall apply; and

(2) Benefit calculation:

(a) If the benefit group meets the criteria pursuant to subsection (1) of this section, benefits shall be determined by subtracting excluded income and applicable deductions pursuant to Section 5(1), (2), and (3) of this administrative regulation;

(b) If the benefit group's income, after subtracting excluded income and applicable deductions, exceeds the standard of need for the appropriate benefit group size pursuant to Section 9 of this administrative regulation, the benefit group shall be ineligible; and

(3) Ineligibility period:

(a) A period of ineligibility shall be established for a benefit group whose income in the month of application or during a month the assistance is paid exceeds a limit pursuant to subsection (2) of this section due to receipt of lump sum income;

(b) The ineligibility period shall be:

The number of months that equals the quotient of the division of total countable income by the standard of need pursuant to Section 9 of this administrative regulation for the appropriate benefit group size; and
Effective with the month of receipt of the nonrecurring lump sum amount; and

The standard of need pursuant to Section 9 of this administrative regulation increases and the amount of grant the benefit group would have received also changes;
Income, that caused the calculation of the ineligibility period, has become unavailable for a reason that was beyond the control of the benefit group;
The benefit group incurs and pays a necessary medical expense not reimbursable by a third party;
An individual, who is required to be a member of the benefit group, joins the KTAP household during an established ineligibility period; or
The benefit group reapplies during an established ineligibility period and the cabinet determines that policy has changed to exclude the criteria originally used to establish the ineligibility period.

Section 5. Excluded Income and Deductions.

(1) Gross non-KTAP income received or anticipated to be received shall be considered with the application of excluded income and deduction policy:

(a) By the:

Benefit group;
Sanctioned or penalized individual;
Natural parent;
Spouse of a dependent child;
Parent of a minor parent living in the home with the benefit group; or
Stepparent living in the home; and

(b) Pursuant to subsections (2) to (4) of this section.

(2) Gross income test. An income listed in this subsection shall be excluded:

(a) A deduction applicable to stepparent income, income of the spouse of a minor dependent child, or income of the parent of a minor parent in the home with the benefit group, pursuant to Section 7 of this administrative regulation;

(b) A deduction applicable to an immigrant sponsor's income, pursuant to Section 8 of this administrative regulation;

(d) Allowances, earnings, and payments received under WIOA programs in accordance with 29 U.S.C. 3241(a)(2);

(e) Value of United States Department of Agriculture program benefits including:

Donated food;
Supplemental food assistance received pursuant to 42 U.S.C. 1771;
Special food service program for a child pursuant to 42 U.S.C. 1775;
Nutrition program for the elderly pursuant to 42 U.S.C. 3001; and
The monthly Supplemental Nutrition Assistance Program (SNAP) allotment;

(f) Reimbursement for transportation in performance of an employment duty, if identifiable;

(g) The value of Kentucky Works Program supportive services payment pursuant to 921 KAR 2:017;

(h) Nonemergency medical transportation payment;

(i) Payment from complementary program if no duplication exists between the other assistance and the assistance provided by KTAP;

(j) Educational grant, loan, scholarship, work study income, or other type of financial assistance for education pursuant to KRS 205.200(8);

(k) Highway relocation assistance;

(l) Urban renewal assistance;

(m) Federal disaster assistance and state disaster grant;

(n) Home produce utilized for household consumption;

(o) Housing subsidy received from federal, state or local governments;

(p) Funds distributed to a member of certain Native American tribes by the federal government pursuant to 25 U.S.C. 1401, 5501, and Pub. L. 92-254;

(q) Funds distributed per capita to or held in trust for a member of a Native American tribe by the federal government pursuant to 25 U.S.C. 1401, 5501, and Pub. L. 92-254;

(r) Payment for supporting services or reimbursement of out-of-pocket expense made to an individual volunteering as a:

Senior health aide; or
Member of the:

a. Service Corps of Retired Executives; or

b. Active Corps of Executives;

(s) Payment made to an individual from a program pursuant to 42 U.S.C. 4950 to 5084 if less than the minimum wage under state or federal law, whichever is greater including:

Volunteers in Service to America (VISTA);
Foster Grandparents;
Retired and Senior Volunteer Program; or
Senior Companion;

(t) Payment from the cabinet for:

Child foster care; or
Adult foster care;

(u) Energy assistance payment made under:

The Low Income Home Energy Assistance Program (LIHEAP) pursuant to 42 U.S.C. 8621; or
Other energy assistance payment made to an energy provider or provided in-kind;

(v) The first fifty (50) dollars of child support payment;

(w) Earnings of an individual attending school who is age nineteen (19) or under;

(x) Earnings of a dependent child under eighteen (18) who is a high school graduate;

(y) Nonrecurring monetary gifts totaling 100 dollars or less per month per individual;

(z) The principal of a verified loan;

(aa) Up to $12,000 to Aleuts and $20,000 to an individual of Japanese ancestry for payment made by the United States Government to compensate for a hardship experienced during World War II;

(bb) Income of an individual receiving SSI, including monthly SSI benefits and any retrospective SSI benefits;

(cc) The essential person's portion of the SSI check;

(dd) Income of an individual receiving mandatory or optional state supplementary payment pursuant to 921 KAR 2:015;

(ee)

Any federal tax refund or advance payment of a refundable federal tax credit; or
The advance payment or refund of earned income tax credit;

(ff) Payment made directly to a third party on behalf of the applicant or recipient by a non-responsible person;

(gg) Interest and dividend income unless derived from a corporate business;

(hh) In-kind income;

(ii) Income of a technically ineligible child;

(jj) Payment made from the Agent Orange Settlement Fund;

(kk) KTAP payment including back payment;

(ll) Income of legal guardian of a minor parent, unless the guardian meets the degree of relationship pursuant to 921 KAR 2:006, Section 6;

(mm) Payment made from the Radiation Exposure Compensation Trust Fund;

(nn) Up to $2,000 per year of income received by individual Native Americans denied from a lease or other use of individually-owned trust or restricted lands;

(oo) Payment made to an individual because of the individual's status as a victim of Nazi persecution;

(pp) Income received from temporary employment from the United States Department of Commerce, Bureau of the Census;

(qq) A payment received from the National Tobacco Growers Settlement Trust;

(rr) A payment received from a crime victim compensation program according to the Antiterrorism and Effective Death Penalty Act of 1996 pursuant to 34 U.S.C. 20102(c);

(ss) A payment received from the Kinship Care Program, pursuant to 922 KAR 1:130, including back payment;

(tt) A payment made to children of Vietnam veterans and certain other veterans, pursuant to 38 U.S.C. 1833;

(uu) A discount or subsidy provided to Medicare beneficiaries pursuant to 42 U.S.C. 1395w-141;

(vv) Any cash grant received by the applicant under the Department of State or Department of Justice Reception and Placement Programs pursuant to 45 C.F.R. 400.66(d);

(ww) Reimbursement payment for a vocational rehabilitation individual participating in Preparing Adults for Competitive Employment pursuant to 29 U.S.C. 723(a)(5); and

(xx) A payment received from the Transitional Compensation for Abused Dependents Program, 10 U.S.C. 1059.

(3) Benefit calculation. Excluded income pursuant to subsection (2) of this section and an applicable deduction listed in this subsection shall be applied as follows:

(a) Work expense standard deduction of 175 dollars for full-time and part-time employment;

(b) If the caregiver is not the parent, legal guardian, or a member of the benefit group, the dependent care disregard shall:

Be allowed as a work expense for:

a. An able-bodied child age thirteen (13) or over and not under court supervision;

b. An incapacitated adult living in the home and receiving KTAP;

c. A KTAP case that is otherwise ineligible for KTAP without the benefit of the disregard for child care, at the option of the recipient; or

d. The month of application for KTAP benefits; and

Not exceed:

a. $175 per month per individual for full-time employment;

b. $150 per month per individual for part-time employment; or

c. $200 per month per individual for child under age two (2);

(d) Child support payment assigned and actually forwarded or paid to the cabinet;

(e) For six (6) months, the first fifty (50) percent of earned income not already deducted for each member of the benefit group;

(f) Until an individual has earnings, reported timely, from new employment, the deductions shall not be available to the individual after expiration of the time limits; and

(g) For new employment, or increased wages, acquired after approval and reported timely, a two (2) time only disregard per employed adult member of the benefit group, the amount of six (6) full calendar months earnings calculated as follows:

The six (6) months earnings disregard shall be consecutive, and at the option of the recipient; and
If otherwise eligible, a sanctioned or penalized member of the benefit group may receive the six (6) months earnings disregard.

(4) Deductions from earnings pursuant to subsection (3)(a), (b) and (e) of this section shall not apply for a month the individual:

(a) Reduces, terminates, or refuses to accept employment within the period of thirty (30) days preceding such month, unless good cause exists pursuant to 921 KAR 2:370, Section 6(1); or

(b) Fails to report an increase in earnings, that impacts eligibility, within ten (10) days of the change, unless good cause exists as follows:

The benefit group has been directly affected by a natural disaster;
An immediate family member living in the home was institutionalized or died during the ten (10) day report period; or
The responsible relative in the case and the member employed, if different, is out of town for the entire ten (10) day report period.

Section 6. Child Care Expense. With the exception of those circumstances pursuant to Section 5(3)(b) of this administrative regulation, a child care expense incurred as a result of employment shall be paid pursuant to 922 KAR 2:160.

Section 7. Income and Resources of an Individual Not Included in the Benefit Group.

(1) The income provisions of this section shall apply to the following individuals, living in the home but not included in the benefit group, pursuant to subsection (2) of this section:

(a) A stepparent;

(b) The spouse of a minor dependent child;

(d) A parent of a minor parent.

(2) The gross income of the individual shall be considered available to the benefit group, subject to the following deductions:

(a) The first 175 dollars of the gross earned income; and

(b)

An amount equal to the KTAP standard of need for the appropriate family size, pursuant to Section 9 of this administrative regulation for:

a. The support of the individual; and

b. A person living in the home if:

(i) The needs of the person are not included in the KTAP eligibility determination; and

(ii) The person is or may be claimed as a dependent for the purpose of determining his federal personal income tax liability by the individual;

An amount actually paid to a person not living in the home who is or may be claimed by him as a dependent for the purpose of determining his personal income tax liability by the individual; or
Payment for alimony or child support to a person not living in the home by the individual.

(3) A resource shall not be considered in determining eligibility of the parent, minor dependent child, or specified relative other than a parent or the benefit group that belongs solely to the:

(a) Stepparent;

(b) Spouse of a minor dependent child;

(d) Parent of a minor parent.

Section 8. Immigrant Sponsor Income and Resources.

(1)

(a) For the purpose of this section, the immigrant's sponsor and sponsor's spouse, if living with the sponsor, shall be referred to as sponsor.

(b) This subsection and subsections (2) though (6) of this section shall apply to an immigrant who has an agreement executed other than an agreement pursuant to 8 U.S.C. 1183a.

(2) The gross non-KTAP income and resources of an immigrant's sponsor shall be deemed available to the immigrant, subject to a deduction established in this section, for a period of three (3) years following entry into the United States.

(3) If an individual is sponsoring two (2) or more immigrants, the income and resources shall be prorated among the sponsored immigrants.

(4) If adequate information on the sponsor or sponsor's spouse is not provided, a sponsored immigrant shall be ineligible for a month.

(5) If an immigrant is sponsored by an agency or organization, that has executed an affidavit of support, the immigrant shall be ineligible for benefits for a period of three (3) years from date of entry into the United States, unless it is determined that the sponsoring agency or organization:

(a) Is no longer in existence; or

(b) Does not have the financial ability to meet the immigrant's needs.

(6) The provisions of this subsection shall not apply to an immigrant pursuant to subsection (5) or (7) of this section.

(a) The gross income of the sponsor shall be considered available to the benefit group subject to the following deductions:

Twenty (20) percent of the total monthly gross earned income, not to exceed $175;
An amount equal to the KTAP standard of need for the appropriate family size pursuant to Section 9 of this administrative regulation of:

a. The sponsor; and

b. Other person living in the household:

(i) Who is or may be claimed by the sponsor as a dependent in determining the sponsor's federal personal income tax liability; and

(ii) Whose needs are not considered in making a determination of eligibility for KTAP;

An amount paid by the sponsor to a non-household member who is or may be claimed as a dependent in determining the sponsor's federal personal tax liability;
Actual payment of alimony or child support paid to a non-household member; and
Income of a sponsor receiving SSI or KTAP.

(b) Resources deemed available to the immigrant shall be the total amount of the resources of the sponsor and sponsor's spouse determined as if the sponsor were a KTAP applicant in this state, less $9,500.

(7)

(a) For a sponsored immigrant who enters the United States on or after December 19, 1997, who is required to complete a sponsorship agreement pursuant to 8 U.S.C. 1183a, the total gross income and resources of an immigrant's sponsor and sponsor's spouse shall be deemed available to the immigrant.

(b) The sponsor's obligation shall be available until the:

Immigrant:

a. Becomes a United States citizen;

b. Is credited with forty (40) quarters of work; or

c. Ceases to hold the status of an immigrant lawfully admitted for permanent residence; or

Sponsor dies.

(8)

(a) The actual amount provided by the sponsor shall be considered for a period up to twelve (12) months from the date of determination, if an:

Amount less than the amount in the sponsorship agreement is made available to the immigrant; and
Immigrant is determined indigent.

(b) An immigrant shall be determined indigent if:

The amount of the sponsor's income and resources given to the immigrant is less than the amount in the agreement; and
Without KTAP assistance and after consideration of the immigrant's own income, cash, food, housing or assistance provided by an individual including the sponsor, the immigrant is unable to obtain food and shelter.

(9) Deeming of the sponsor's income shall not apply for twelve (12) months if the:

(a) Immigrant or immigrant's child has been subjected to extreme cruelty or battery while living in the United States and the individual committing the battery or extreme cruelty does not live with the child or parent if committed by a:

Spouse or parent; or
Spouse or parent's family living with the immigrant or immigrant's child and the spouse or parent allows the cruelty or battery; or

(b) Immigrant is a child who lives with a parent who has been subjected to extreme cruelty or battery while living in the United States, and the individual committing the battery or extreme cruelty does not live with the child or parent if committed by a:

Spouse; or
Member of the spouse's family living in the same household and the spouse allows the cruelty or battery.

Section 9. Payment Maximum.

(1) The KTAP payment maximum includes an amount for food, clothing, shelter, and utilities.

(2)

(a) Countable income, pursuant to Section 10 of this administrative regulation, shall be subtracted in determining eligibility for and the amount of the KTAP assistance payment as follows:

(b) The gross income limit shall be as follows for the appropriate family size:

(3) Since the payment maximum does not meet full need, a forty-five (45) percent ratable reduction shall be applied to the deficit between the family's countable income and the standard of need for the appropriate family size.

(4)

(a) The assistance payment shall be the lesser amount of either:

Fifty-five (55) percent of the deficit pursuant to subsection (3) of this section; or
The payment maximum pursuant to subsection (2)(a) of this section.

(b) As a result of applying the forty-five (45) percent ratable reduction pursuant to subsection (3) of this section, an eligible payment to an otherwise eligible family with no income shall be calculated pursuant to KRS 205.200(2).

(5) If a benefit group's assistance payment equals zero (0), the benefit group shall be ineligible for KTAP.

(6) To the extent funds are available, the payment maximum, gross income limit, and standard of need shall be the amount established in this section in addition to cost of living adjustments determined by the Social Security Administration that have taken place beginning in 2023 pursuant to 42 U.S.C. 415(i) and published at https://www.ssa.gov/cola/.

Section 10. Best Estimate.

(1) The benefit shall be computed by using a best estimate of income that may exist in the payment month.

(2) The following method shall be used to calculate a best estimate:

(a) For a case with earned income, other than self-employment earned income, a monthly amount shall be determined as follows:

Cents shall:

a. Not be rounded to the nearest dollar before adding or multiplying hourly or daily earnings; and

b. Be rounded to the nearest dollar before adding or multiplying weekly, biweekly, semimonthly, monthly, quarterly, or annual amounts.

Unless it does not represent the ongoing situation, income from all pay periods in the preceding two (2) calendar months shall be used.
A monthly amount shall be determined by:

a. Adding gross income from each pay period;

b. Dividing by the total number of pay periods considered;

c. Converting the pay period figure to a monthly figure by multiplying a:

(i) Weekly amount by four and one-third (4 1/3);

(ii) Biweekly amount by two and one-sixth (2 1/6); or

(iii) Semi-monthly amount by two (2); and

d. Rounding to the nearest dollar.

If income has recently begun, and the applicant or recipient has not received a calendar month of earned income, the anticipated monthly income shall be computed by:

a. Multiplying the hourly rate by the estimated number of hours to be worked in a pay period; or

(i) Multiplying the daily rate by the estimated number of days to be worked in the pay period; and

(ii) Converting the resulting pay period figure to a monthly amount pursuant to subparagraph 3c of this paragraph and rounding to the nearest dollar.

(b) For a case with unearned income, other than unearned self-employment income, a monthly amount shall be determined by:

Rounding cents to the nearest dollar;
Using the gross monthly amount of continuing, stable unearned income received on a monthly basis; and
Averaging the amount of unstable unearned income received in the three (3) prior calendar months, unless it does not represent the ongoing situation.

If the self-employment enterprise has been in operation for at least a year, the income shall be prorated by dividing the income from the last calendar year by twelve (12);
If the self-employment enterprise has been in operation for less than a year, the income shall be prorated by dividing by the number of months the business has been in existence; and
Profit shall be determined by:

a. Rounding the total gross income to the nearest dollar;

b. Rounding the total amount of allowable expenses to the nearest dollar;

c. Dividing each by twelve (12), or the appropriate number of months, and rounding to the nearest dollar; and

d. Subtracting the rounded monthly expense from the rounded monthly income.

(3) The best estimate shall be recalculated:

(a) At six (6) month intervals for a case with earned, unearned, or self-employment income;

(b) If the agency becomes aware of a change in a circumstance; or

(c) To reflect a mass change in the standard of need or payment maximum standard pursuant to Section 9 of this administrative regulation.

Section 11. KTAP Recoupment. The following provisions shall apply for recoupment of a KTAP overpayment.

(1) Necessary action will be taken promptly to correct and recoup an overpayment.

(2) An overpayment shall be recovered:

(a) From an adult claimant, whether currently receiving KTAP benefits:

After notice and an opportunity for a fair hearing pursuant to 921 KAR 2:055 is given;
After administrative and judicial remedies have been exhausted or abandoned; and
Including assistance paid:

a. Pending the hearing decision; or

b. Due to cabinet error; and

(b) Through:

Repayment by the claimant to the cabinet;
Reduction of future KTAP benefits, that shall result in the benefit group retaining, for the payment month, family income and liquid resources of not less than ninety (90) percent of the amount of assistance paid to a like size family with no income pursuant to Section 9 of this administrative regulation;
Civil action in the court of appropriate jurisdiction; or
If the cabinet becomes aware of expunged electronic benefits transfer (EBT) payments, reduction of the overpayment balance by an amount equal to the expunged benefits.

(3) In a case that has both an overpayment and an underpayment, the overpayment and underpayment shall be offset one against the other in correcting the payment to a current recipient.

Section 12. Avoiding an Overpayment.

(1) A KTAP recipient may voluntarily:

(a) Return a benefit payment; or

(b) Give permission to the cabinet to use EBT benefits by completing and returning a written statement requesting this option to avoid an overpayment if the case:

Is totally ineligible for the month the payment is issued; and
Has not been reduced for recoupment of a previous overpayment.

(2) If a payment is voluntarily returned, the cabinet shall determine whether the recipient is due a refund as described in Section 13 of this administrative regulation.

Section 13. Refund. A recipient shall be due a refund in the following situations:

(1) An amount in excess of the actual overpayment is recouped;

(2) An overpayment and an underpayment is offset and a balance is owed to the recipient; or

(3) A KTAP payment that is voluntarily returned to avoid an overpayment is compared to the current month obligation of child support collected by the cabinet during the month the KTAP payment was intended to cover, leaving a balance owed to the recipient.

Section 14. Correction of Underpayments. The following provisions shall apply to a KTAP payment:

(1) An underpayment shall be promptly corrected to:

(a) A current KTAP recipient; or

(b) One (1) who would be a current recipient if the error causing the underpayment had not occurred.

(2) The difference between the payment received by the recipient and the actual entitlement amount shall be issued to the underpaid assistance group.

(3) In a determination of ongoing eligibility, the corrective payment to the assistance group shall not be considered as income or a resource in the:

(a) Month the payment is paid; or

(b) Next following month.

History

RELATES TO: KRS 205.200, 205.210, 205.2001, 205.211, 45 C.F.R. Parts 260-265, 400.66(d), 8 U.S.C. 1183a, 10 U.S.C. 1059, 20 U.S.C. 1088(b)(1), 2302(3), (13), 25 U.S.C. 1401, 5501, 26 U.S.C. 6409, 29 U.S.C. 723(a)(5), 3241(a)(2), 34 U.S.C. 20102(c), 38 U.S.C. 1833, 42 U.S.C. 415(i), 1395w-141, 1381-1384, 1771, 1775, 3001, 4950-5084, 8621, Pub. L. 92-254
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2), 205.210(1), 42 U.S.C. 601-619
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate all administrative regulations authorized by applicable state laws necessary to operate the programs and fulfill the responsibilities vested in the cabinet or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.200(2) requires the cabinet to prescribe, by administrative regulation, the conditions of eligibility for public assistance, in conformity with the Social Security Act, 42 U.S.C. 601 to 619 and federal regulations. KRS 205.200(2) and 205.210(1) require that the secretary establish the standards of need and amount of assistance for the Kentucky Transitional Assistance Program (KTAP), the block grant program funded by 42 U.S.C. 601 to 619. This administrative regulation establishes the standards of need for and the amount of a Kentucky Transitional Assistance Program payment.
History: 8 Ky.R. 1228; eff. 6-25-1982; Am. 9 Ky.R. 271; eff. 9-8-1982; 10 Ky.R. 945; eff. 2-1-1984; 1101; eff. 5-1-1984; 11 Ky.R. 82; eff. 8-7-1984; 80; eff. 12-11-1984; 12 Ky.R. 1931; eff. 7-2-1986; 13 Ky.R. 973; eff. 12-2-1986; 14 Ky.R. 512; eff. 10-2-1987; 1160; 1562; eff. 1-4-1988; 1904; eff. 4-14-1988; 15 Ky.R. 869; eff. 11-4-1988; 2308; eff. 6-21-1989; 16 Ky.R. 1033; eff. 1-12-1990; 2562; 17 Ky.R. 46; eff. 6-27-1990; 1616; eff. 12-9-1990; 2901; 3132; eff. 5-3-1991; 3548; 18 Ky.R. 297; eff. 7-17-1991; 1245; eff. 11-25-1991; 1245; 3255; 19 Ky.R. 68; eff. 6-24-1992; 1217; 1560; eff. 12-16-1992; 20 Ky.R. 2238; eff. 3-14-1994; 21 Ky.R. 633; eff. 9-21-1994; 2537; eff. 5-17-1995; 22 Ky.R. 2146; eff. 7-5-1996; 24 Ky.R. 1409; 1724; eff. 3-16-1998; 25 Ky.R. 1997; 2613; eff. 6-16-1999; Recodified from 904 KAR 2:016, 7-8-1999; 26 Ky.R. 1717; 1971; eff. 6-12-2000; 28 Ky.R. 177; eff. 9-10-2001; 31 Ky.R. 1022; 1282; eff. 1-19-2005; 34 Ky.R. 657; 989; eff. 11-19-2007; 35 Ky.R. 1334; eff. 2-6-2009; 37 Ky.R. 1893; 2202; eff. 4-1-2011; 42 Ky.R. 581; eff. 11-18-2015; 49 Ky.R. 676, 1288; eff. 2-16-2023.

921 KAR 2:017 Kentucky Works Program (KWP) supportive services {#sec-921-kar-2-017 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:017}

Section 1. Definitions.

(1) "Approved KWP activity" means participation in a countable activity in accordance with 921 KAR 2:370, Section 2(1)(c).

(2) "Component" means a service or activity in accordance with 921 KAR 2:370, Section 2(1)(c).

(3) "Component preparation" means the period in which assessment, testing, completion of the transitional assistance agreement in accordance with 921 KAR 2:370, and referral for removal of barriers takes place.

(4) "Improper payment" is defined by KRS 45.237(1)(f).

(5) "Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

(6) "Kentucky Works Program" or "KWP" means the program established in 921 KAR 2:370.

(7) "Precomponent" means a waiting period between the dates of component assignment and component commencement.

(8) "Work-eligible individual" is defined by 45 C.F.R. 261.2(n).

Section 2. Kentucky Works Program (KWP) Participation and Supportive Services Payment. The cabinet shall make a payment for a supportive service cost:

(1) For an individual participating in the KWP, except for the restrictions established in Section 12(2) of this administrative regulation;

(2) Necessary for participation in an approved KWP activity; and

(3) To the extent funds are available.

Section 3. Transportation. Transportation reimbursement shall be paid in the following situations:

(1) Precomponent;

(2) Component preparation; or

(3) Component participation.

Section 4. Transportation Payment Amount and Authorization.

(1)

(a) To the extent funds are available, payment for transportation pursuant to paragraph (b) or (c) of this subsection shall be provided for an individual participating in an approved KWP activity, if:

Free transportation that meets the needs of the work-eligible individual is unavailable; and
The individual is required to incur a transportation expense in order to participate.

(b) If a need for transportation reimbursement for six (6) days or more is determined, a direct payment of $300 per month to the individual shall be made through the Online Tracking Information System (OTIS).

(c) If a need for transportation reimbursement for five (5) days or less is determined, a payment of fifty (50) dollars per month to the individual shall be made through the OTIS.

(2) A payment shall be issued in accordance with 921 KAR 2:050.

(3) In precomponent, if necessary to guarantee that the transportation arrangement shall be maintained, a transportation payment shall be provided for the period of up to:

(a) Two (2) weeks prior to the scheduled start of component activity; or

(b) One (1) month during a break in component activity if subsequent component activity is scheduled to begin within that period.

Section 5. Restriction on Authorization of a Transportation Payment. A transportation payment shall not be made if the work-eligible individual is not in compliance with a KWP activity, in accordance with 921 KAR 2:370.

Section 6. Other Supportive Services.

(1) To the extent funds are available, the cabinet shall provide other supportive services to a work-eligible individual if necessary for the individual's participation in the approved KWP activity for:

(a) Component preparation;

(b) Component participation while the KTAP case remains active; or

Has accepted employment and a start date of employment is provided, except if an item is required as a condition of being hired by the employer; or
Is employed.

(2) If requirements of subsection (1) of this section are met, the cabinet may approve an item or service needed by the work-eligible individual for participation in a KWP activity, such as:

(a) A drug screening test fee;

(b) Up to three (3) uniforms for employment, if:

Not reimbursable by the employer; and
The work-eligible individual provides an estimate;

(d) Required clothing or shoes particular to a service, profession, or company, if:

Not reimbursable by the employer; and
The work-eligible individual provides an estimate;

(e) School supplies and books for the KWP participant;

(f) A licensing fee, which includes:

Exam costs required to obtain a professional license or certificate; or
Driver's license fee;

(g) A timepiece necessary for employment or training;

(h) The cost to obtain or renew a photo identification;

(i) The cost of a criminal records check fee, if required by the provider or employer;

(j) A driver's education class fee; or

(k) Tools required for employment.

(3) Payment for other supportive services shall be limited to a cumulative total of $600 per individual in a twelve (12) month period, beginning with the first day the initial form "KW-32, Authorization for Supportive Services Payments", is issued to the work eligible individual.

(4) A penalized or sanctioned work-eligible individual shall not be eligible for other supportive services.

(5) A retroactive payment for other supportive services shall not be made for an item purchased by a penalized or sanctioned work-eligible individual who later cures the penalty. After the individual cures the penalty or sanction, an eligible expense may be authorized.

(6) Except in accordance with Section 7 of this administrative regulation, a medical service or item shall not be an allowable supportive service.

Section 7. Allowable Medical Service or Item. To the extent that non-Temporary Assistance for Needy Families (TANF) funding is available, the purchase of the following item or service shall be allowed for a work-eligible individual, if needed for participation in the KWP activity and not reimbursable through Medicaid and limited to:

(1) Eyeglasses or corrective lens;

(2) Dentures;

(3) Hearing aids; and

(4) Medical service or item required as a condition of employment.

Section 8. Vehicle Repairs.

(1) If a free service for vehicle repairs, including a vocational school automotive program, is unavailable that meets the needs of the work-eligible individual, a vehicle repair expenditure shall be provided, to the extent funds are available, if necessary for participation in the approved KWP activity of:

(a) Component preparation; or

(b) Component participation, including employment while the KTAP case remains active. If a KWP participant requests a vehicle repair expenditure prior to KTAP case discontinuance, but the request is not processed by the cabinet prior to discontinuance and the participant is otherwise eligible, the discontinued KWP participant shall be eligible for vehicle repair assistance.

(2) A vehicle repair expense shall meet the following criteria to be considered for payment:

(a) A vehicle repair that makes the vehicle functional;

(b) Property tax on the vehicle;

(d) Licenses fee;

(e) Up to six (6) months coverage of liability insurance for the work-eligible individual to drive a vehicle;

(f) A new or used automotive part to be purchased by the work-eligible individual to make the vehicle functional; or

(g) Other vehicle expense needed by the work-eligible individual that would allow participation in the KWP activity.

(3) Prior to the approval of a vehicle repair expenditure listed in subsection (2) of this section, the work-eligible individual shall provide an estimate of the cost.

(4) Vehicle repair work shall:

(a) Be completed by a garage, unless the repair is completed by a vocational school automotive program; or

(b) Be the responsibility of the work-eligible individual if a payment is made for a new or used automotive part as specified in subsection (2)(f) of this section.

(5) Prior to approval of a vehicle repair expenditure, the cabinet shall verify the work-eligible individual owns the vehicle.

(6) The restrictions on authorization and verification of a supportive service payment described in Section 12 of this administrative regulation shall apply to a vehicle repair expense and payment.

(7) Payment for vehicle repairs shall be limited to a cumulative total of $3,000 per eligible family during a twelve (12) month period, beginning with the first day of the month in which the initial payment is issued.

Section 9. Short-term Training. To the extent funds are available, a fee for a short-term training program shall be eligible for payment for a work-eligible individual if the training program is:

(1) Not eligible for federal financial aid; and

(2) Likely to lead to paid employment, in accordance with:

(a) The work-eligible individual's transitional assistance agreement; and

(b) 921 KAR 2:370.

Section 10. Required Fees.

(1) To the extent funds are available, the following payment may be made for a work-eligible individual in compliance with KWP requirements:

(a) A training registration fee;

(b) Financial aid application fee;

(d) Application fee required by a vocational school for a specified program;

(e) Liability insurance fee;

(f) Copy of records fee;

(g) Activity fee if mandated by the institution; or

(h) Other required fee.

(2) Required fees shall not exceed $400 per payment.

Section 11. Educational Bonus.

(1) An educational bonus of $500 per individual shall be paid to a KTAP adult or child who reports and verifies:

(a) Receiving a:

High school diploma;
GED certificate; or
Postsecondary school certificate or degree; or

(b) Graduating from English as a second language (ESL) class.

(2) A short-term training program shall not qualify for postsecondary education.

(3) A KTAP adult or child shall be limited to only one (1) payment for:

(a) Receiving a postsecondary certificate or degree; or

(b) Graduating from an English as a second language (ESL) class.

(4) A KTAP adult or child shall earn the diploma, certificate, or degree while receiving KTAP.

(5) A KTAP applicant or recipient shall be advised of the educational bonus and be reminded of available work incentives:

(a) During application;

(b) At recertification; and

Section 12. Restrictions on Authorization of Supportive Service Payments.

(1)

(a) To verify an expense and authorize a supportive service payment, except as provided in Section 5 of this administrative regulation, the KW-32 form shall be completed.

(b) A KW-32 shall be valid for thirty (30) calendar days from the date issued by the cabinet.

(2) A payment shall not be made for the period during which:

(a) A valid KW-32 form is not returned; or

(b) The work-eligible individual is:

Penalized for noncompliance with a KWP activity, as specified in 921 KAR 2:370; or
Ineligible.

(3) A supportive service payment shall be issued in accordance with 921 KAR 2:050.

Section 13. Hearings and Appeals. An applicant or recipient of KWP supportive services who is dissatisfied with an action or inaction on the part of the cabinet shall have the right to a hearing in accordance with 921 KAR 2:055.

Section 14. Improper Payments. The cabinet shall recover the amount of an improper payment pursuant to KRS 45.237-241 and 205.211, including assistance paid pending the outcome of a hearing, from the claimant-payee.

Section 15. Incorporation by Reference.

(1) The "KW-32, Authorization for Supportive Services Payments", 09/22, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

History

RELATES TO: KRS 45.237-241, 205.200, 205.211, 205.2003, 45 C.F.R. 260-265
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2), 205.2003(1), 42 U.S.C. 601-619
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS Chapter 205 requires the Cabinet for Health and Family Services to administer public assistance programs. KRS 205.200(2) requires the secretary to promulgate administrative regulations prescribing the conditions of eligibility for public assistance, in conformity with the Social Security Act, 42 U.S.C. 601 to 619, and federal regulations. KRS 205.2003(1) requires the cabinet to promulgate administrative regulations to develop a work program for recipients of public assistance to provide for immediate employment or preparation for employment, and to provide supportive services to assist in the pursuit of work and self-sufficiency. This administrative regulation establishes requirements for receiving Kentucky Works Program (KWP) supportive services in accordance with Temporary Assistance for Needy Families (TANF) provisions established in 45 C.F.R. 260-265.
History: 20 Ky.R. 2285; eff. 3-14-1994; Am. 21 Ky.R. 131; eff. 8-17-1994; 2808; 7-26-1995; 24 Ky.R. 1166; 1733; eff. 3-16-1998; 25 Ky.R. 2006; 2621; 2911; eff. 6-16-1999; Recodified from 904 KAR 2:017, 7-8-1999; 26 Ky.R. 1724; 1978; eff. 6-12-2000; 29 Ky.R. 827; 1663; eff. 12-18-2002; 32 Ky.R. 775; 1114; eff. 1-6-2006; 35 Ky.R. 1341; eff. 3-11-2009; 36 Ky.R. 1372; eff. 3-5-2010; 37 Ky.R. 1901; eff. 4-1-2011; 42 Ky.R. 588; eff. 11-18-2015; 49 Ky.R. 918; eff. 2-16-2023.

921 KAR 2:035 Right to apply and reapply {#sec-921-kar-2-035 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:035}

Section 1. Right to Apply or Reapply.

(1) An individual may apply or reapply for KTAP or SSP through the Department for Community Based Services (DCBS).

(2) An application shall have been made on the date:

(a) An individual makes an application by telephone or online;

(b) An individual or the individual's authorized representative is in the DCBS office and signs an application form incorporated by reference in 921 KAR 2:040; or

(3) If an individual is physically unable to come to the office to apply, the individual may:

(a) Designate an authorized representative to apply;

(b) Request a home visit to complete the application process; or

(4) The applicant may be:

(a) Assisted by an individual of the applicant's choice in the application process; and

(b) Accompanied by this individual in a contact with DCBS.

(5) In accordance with 920 KAR 1:070, interpreter services shall be provided for persons who are:

(a) Deaf; or

(b) Hard of hearing.

(6) Interpreter services shall be provided for a non-English speaking individual, utilizing procedures and forms established in 920 KAR 1:070.

(7) The cabinet shall not discriminate against an applicant based on age, race, color, sex, gender, disability, religion, sexual orientation, national origin or ancestry, political beliefs, or reprisal or retaliation for prior civil rights activity.

Section 2. Who May Sign an Application.

(1) Except for a case based on incapacity, an application for KTAP shall be signed by:

(a) The relative with whom a needy child lives;

(b) The legally appointed guardian of the relative; or

(2) An application for KTAP based on incapacity shall be signed by:

(a) An individual listed in subsection (1) of this section; or

(b) An interested party acting on behalf of the applicant.

(3) An application for SSP shall be signed by:

(a) The individual who is aged, blind, or has a disability;

(b) An interested party;

(d) The representative payee receiving the Supplemental Security Income (SSI) benefit.

Section 3. Action on Applications.

(1) A decision shall be made on an application and payment made within:

(a) Forty-five (45) days for KTAP or SSP pursuant to 45 C.F.R. 206.10; or

(b) Ninety (90) days for SSP determinations in which permanent and total disability shall be established.

(2) Exception to this time standard may be made:

(a) If the applicant is unable to obtain necessary verification for a determination of eligibility; or

(b) For failure or delay, that cannot be controlled by DCBS, on the part of the applicant or examining physician.

(3) The case record shall document the cause for the delay if the time standards are not met.

(4) Failure to process an application within the time frame shall not be used as the basis for denial.

Section 4. Voter Registration. In accordance with KRS 116.048 and 52 U.S.C. 20506, an applicant or recipient shall be provided the opportunity to complete an application to register to vote or update his or her current voter registration in accordance with 921 KAR 3:030, Section 8.

Section 5. Disclosure of Information. Use or disclosure of information obtained from applicant households, exclusively for the program, shall be restricted pursuant to KRS 194A.060, 205.175, and 205.177.

History

RELATES TO: KRS 194A.060, 205.175, 205.177, 205.200(1), 205.240, 205.245, 45 C.F.R. 206.10, 42 U.S.C. 601-619, 52 U.S.C. 20506
STATUTORY AUTHORITY: KRS 116.048(1), 194A.050(1), 205.200(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.200, 205.240, and 205.245 require the Cabinet for Health and Family Services to administer the Kentucky Transitional Assistance Program (KTAP) and the State Supplementation Program (SSP) for persons who are aged, blind, or have a disability in conformity with the Social Security Act, 42 U.S.C. 601 to 619, and federal regulations. KRS 116.048 designates the cabinet as a voter registration agency in accordance with 52 U.S.C. 20506. This administrative regulation establishes policy and procedures necessary to apply for assistance and provide an eligible public assistance participant the opportunity to register, or to decline from registering, to vote.
History: PA-71; 1 Ky.R. 1282; eff. 7-2-1975; Am. 6 Ky.R. 696; 7 Ky.R. 308; eff. 9-3-1980; 8 Ky.R. 1189; eff. 6-25-1982; 16 Ky.R. 241; eff. 9-20-1989; 17 Ky.R. 532; eff. 10-14-1990; 19 Ky.R. 1449; 1787; eff. 1-27-1993; 21 Ky.R. 2817; eff. 6-21-1995; 24 Ky.R. 978; 1519; eff. 1-12-1998; Recodified from 904 KAR 2:035, 10-30-1998; 40 Ky.R. 1504; 2302; eff. 5-2-2014; Cert eff. 4-2-2021; 49 Ky.R. 921; eff. 2-16-2023.

921 KAR 2:040 Procedures for determining initial and continuing eligibility {#sec-921-kar-2-040 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:040}

Section 1. Eligibility Determination Process.

(1) A household shall, for the month payment is intended to cover the household, meet the eligibility criteria in:

(a) 921 KAR 2:006 and 921 KAR 2:016 for KTAP; or

(b) 921 KAR 2:015 for SSP.

(2) A household shall not receive assistance until approval of the application for benefits.

(3) Each decision regarding eligibility for assistance shall be supported by facts recorded in the applicant's or recipient's case record.

(4) The applicant or recipient shall be the primary source of information and shall be required to:

(a) Furnish verification of:

Income;
Resources; and
Technical eligibility; and

(b) Give written consent to contacts necessary to verify or clarify a factor pertinent to the decision of eligibility.

(5) If informed in writing of the appointment or necessary information to be provided, failure of the applicant or recipient to appear for a scheduled interview or present required information when requested shall be considered a failure to present adequate proof of eligibility.

(6)

(a) An application shall be considered filed if a "PA-77, Intent to Apply for KTAP, Medicaid, State Supplementation, or Child Care Assistance", or a "PA-100, Application/Recertification for KTAP or Kinship Care", containing the name, address, and signature of the applicant, is received by an office of the Department for Community Based Services (DCBS).

(b) An application shall be processed after the:

Applicant or representative is interviewed;
Required information and verification for the application is provided to the DCBS office; and
Application and related documents, pursuant to subsection (4) of this section, are received by the DCBS office.

(c) If an electronic form is not used, the cabinet shall record information for recertification to determine continuing eligibility for KTAP by using form PA-100.

Section 2. Continuing Eligibility.

(1) The recipient shall be responsible for reporting, within ten (10) calendar days, any change in circumstances that may affect eligibility or the amount of payment.

(2) Eligibility shall be redetermined:

(a) If a report is received or information is obtained about a change in a circumstance;

(b) Every twelve (12) months for SSP cases; and

Section 3. Child Care Assistance Program. Procedures used to determine initial and continued eligibility for the Child Care Assistance Program shall be in accordance with 922 KAR 2:160.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "PA-77, Intent to Apply for KTAP, Medicaid, State Supplementation, or Child Care Assistance", 09/22; and

(b) "PA-100, Application/Recertification for KTAP or Kinship Care", 09/22.

History

RELATES TO: KRS Chapter 205, 42 U.S.C. 601-619
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS Chapter 205 requires the Cabinet for Health and Family Services to administer the Kentucky Transitional Assistance Program (KTAP) and the State Supplementation Program (SSP). KRS 205.200(2) requires the cabinet to prescribe, by administrative regulation, the conditions of eligibility for public assistance, in conformity with Title IV-A of the Social Security Act, 42 U.S.C. 601-619, and federal regulations. This administrative regulation establishes the procedures used to determine initial and continuing eligibility for assistance under these programs.
History: PA-52.3, 54, 70; 1 Ky.R. 1283; eff. 7-2-1975; Am. 7 Ky.R. 71; 569; 650; eff. 2-3-1981; 8 Ky.R. 1190; eff. 6-25-1982; 16 Ky.R. 243; eff. 9-20-1989; 2569; eff. 6-27-1990; 18 Ky.R. 3262; eff. 6-24-1992; 21 Ky.R. 136; eff. 9-21-1994; 981; 1529; 1682; eff. 2-17-1998; Recodified from 904 KAR 2:040, 10-30-1998; 29 Ky.R. 1415; 1824; eff. 1-15-2003; 37 Ky.R. 866; Am. 1213; eff. 11-17-2010; 38 Ky.R. 411; eff. 10-19-2011; 40 Ky.R. 466; 849; eff. 10-16-2013; 44 Ky.R. 1150; eff. 3-15-2018; 49 Ky.R. 924; eff. 2-16-2023.

921 KAR 2:046 Adverse action; conditions {#sec-921-kar-2-046 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:046}

Section 1. Definitions.

(1) "Applicant" means an individual applying for:

(a) State Supplementation Program (SSP) benefits;

(b) KTAP benefits; or

(2) "Application" means the process set forth in:

(a) 921 KAR 2:035 for KTAP or SSP; or

(b) 922 KAR 1:130 for Kinship Care Program.

(3) "Recipient" means a:

(a) Person who is aged, blind, or has a disability receiving SSP benefits;

(b) Member of a KTAP assistance group as defined in 921 KAR 2:016; or

Section 2. Reasons for Adverse Action.

(1) An application shall be denied if:

(a) Income or resources exceed the standards for the specific assistance program as set forth in 921 KAR 2:016, 921 KAR 2:015, or 922 KAR 1:130;

(b) The applicant does not meet technical eligibility criteria or fails to comply with a technical requirement as set forth in 921 KAR 2:006, 921 KAR 2:015, 921 KAR 2:370, or 922 KAR 1:130;

(c) The applicant fails to provide sufficient information or clarify conflicting information necessary for a determination of eligibility despite receipt of written notice detailing the additional information needed for a determination;

(d) The applicant fails to complete an interview;

(e) The applicant requests in writing voluntary withdrawal of application;

(f) Department staff is unable to locate the applicant; or

(g) The applicant is no longer domiciled in Kentucky.

(2) Assistance shall be discontinued or decreased if:

(a) Income or resources of the recipient increase or deductions decrease resulting in reduced or discontinued benefits as set forth in 921 KAR 2:016, 921 KAR 2:015, or 922 KAR 1:130;

(b) The recipient does not meet technical eligibility criteria or fails to comply with a technical requirement as set forth in 921 KAR 2:006, 921 KAR 2:015, 921 KAR 2:370, or 922 KAR 1:130;

(c) The recipient fails to provide sufficient information or clarify conflicting information necessary for a redetermination of eligibility despite receipt of written notice detailing the additional information needed for a redetermination;

(d) The recipient fails to complete an interview;

(e) The cabinet is recovering KTAP or Kinship Care Program overpayments through recoupment;

(f) Department staff is unable to locate recipient;

(g) The recipient is no longer domiciled in Kentucky; or

(h) Change in program policy adversely affects the recipient.

Section 3. Notification of Denial of an Application.

(1) If an application is denied, the applicant shall be given a notice of such action.

(2) The notice pursuant to subsection (1) of this section shall include:

(a) The reason for the denial;

(b) Citation of the applicable state administrative regulation; and

The opportunity to confer with the worker; and
The right to a fair hearing as provided by 921 KAR 2:055.

Section 4. Advance Notice of a Decrease or Discontinuance.

(1) The recipient shall be given ten (10) days advance notice of the proposed action if a change in circumstances indicates:

(a) A money payment shall be:

Reduced;
Suspended; or
Discontinued; or

(b) An individual shall be removed from the KTAP or Kinship Care Program grant, even if the grant increases.

(2) The ten (10) days advance notice of the proposed action shall:

(a) Be given in accordance with Section 3 of this administrative regulation;

(b) Explain the reason for the proposed action;

(d) Extend the opportunity to confer with the worker or to request a fair hearing pursuant to 921 KAR 2:055.

(3) A hearing request received during the advance notice period may result in delay of the decrease or discontinuance pending the hearing officer's decision, as provided in 921 KAR 2:055.

Section 5. Exceptions to the Advance Notice Requirement. An advance notice of proposed action shall not be required, but written notice of action taken shall be given in accordance with Section 3 of this administrative regulation, if:

(1) A decrease or discontinuance results from:

(a) Information reported by the recipient, if the recipient signs a waiver of the notice requirement indicating understanding of the consequences;

(b) A clear written statement, signed by a recipient that the recipient no longer wishes to receive assistance from the department;

State supplementation recipient has died; or
KTAP payee has died and a new payee is unavailable;

(d) Whereabouts of a recipient are unknown and mail addressed to the recipient is returned indicating no known forwarding address; however, a returned check shall be made available if whereabouts of the recipient becomes known during the payment period covered by the returned check;

(e) Establishment by the agency that assistance has been accepted in another state;

(f) Removal from the home of a KTAP or Kinship Care Program child by judicial order or voluntary placement in foster care by his legal guardian;

(g) The person who is aged, blind, or has a disability and is an SSP recipient, enters a nursing facility resulting in vendor payment status;

(h) The recipient enters a:

Penal institution;
Tuberculosis hospital, if under sixty-five (65); or
Psychiatric hospital, if between twenty-one (21) and sixty-five (65); or

(2) A recipient is granted a special allowance, or time limited assistance, that is terminated at the end of a specified period.

History

RELATES TO: KRS 205.010, 205.200, 205.245, 605.120(5), 42 U.S.C. 601-619
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2), 605.120(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS Chapter 205 requires the Cabinet for Health and Family Services to administer public assistance programs including the Kentucky Transitional Assistance Program (KTAP) and mandatory and optional supplementation of persons who are aged, blind, and have a disability. KRS 205.200(2) requires the cabinet to promulgate administrative regulations concerning the conditions of eligibility for public assistance, in conformity with the Social Security Act, 42 U.S.C. 601-619 and federal regulations. KRS 605.120(6) requires the Cabinet for Health and Family Services to promulgate administrative regulations to establish uniform conditions and requirements for kinship care. This administrative regulation establishes the conditions under which an application is denied or assistance is decreased or discontinued and advance notice requirements.
History: 40 Ky.R. 468; 850; eff. 10-16-2013; 42 Ky.R. 592; eff. 11-18-2015; Cert. eff. 10-3-2022; TAm eff. 3-22-2023.

921 KAR 2:050 Time and manner of payments {#sec-921-kar-2-050 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:050}

Section 1. Authorization of KTAP Payments.

(1) Method of payment.

(a) A payment shall be issued monthly by:

Check;
Electronic benefit transfer (EBT); or
Direct deposit into a recipient's checking account upon completion by the recipient of the form "PA-63, Direct Deposit Authorization".

(b) A payment shall be issued prospectively.

(2) Initial payment.

(a) A KTAP approval shall not be made for a period prior to the date of application.

(b) The effective date of an initial payment for a KTAP approval shall be the date an application is filed if eligibility factors are met as of that date.

(c) If eligibility factors are not met as of the day of application, the approval shall be effective the date on which all factors are met.

(3) Subsequent and special payment.

(a) Except in a situation pursuant to paragraph (b) of this subsection, a subsequent KTAP payment shall be made for an entire month in which technical eligibility factors are met as of the first day of the month.

(b) A special payment shall be issued:

If the regular monthly payment received is less than the entitled amount based on a household circumstance; and
For a period of up to twelve (12) months preceding the month of error correction, if the error existed in the preceding months.

(4) Inalienability of payment.

(a) A KTAP payment shall be unconditional and exempt from a remedy for the collection of a debt, lien, or encumbrance from an individual or agency other than the Cabinet for Health and Family Services.

(b) The Cabinet for Health and Family Services may initiate recoupment to recover overpayment of benefits pursuant to 921 KAR 2:016 or in accordance with KRS 205.193 or 205.200.

(c) The Cabinet for Health and Family Services shall make adjustments to an EBT account to correct an auditable, out-of-balance settlement condition that occurs during the redemption process as a result of a system error.

(5) EBT Account Inactivity.

(a) If an EBT account has not been debited in 365 days, the cabinet shall:

Expunge a monthly benefit on a monthly basis as each individual benefit month reaches a date that is 365 days in the past; and
Notify the household in writing:

a. That the household's EBT account has not been debited in the last 365 days; and

b. Of the amount of EBT benefits that have been expunged.

(b) If a recipient debits the EBT account, the expungement process shall cease.

(6) Eligible payee.

(a) Except as provided by paragraph (b) or (c) of this subsection, a cash assistance payment shall be issued in the name of the approved applicant.

(b)

Upon request of an individual specified in this subsection, a KTAP payment for the month of death shall be reissued to the:

a. Widow or widower;

b. Parent;

c. Guardian; or

d. Executor or administrator of the estate.

If the payment is reissued to an executor or administrator, a copy of the appointment order shall be obtained as verification.

(7) In accordance with 42 U.S.C. 608(a)(12), a KTAP payment received on EBT shall not be accessed via an EBT transaction, such as a point-of-sale terminal or an automated teller machine, at a:

(a) Liquor store;

(b) Business that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment;

(d) Gambling casino; or

(e) Gaming establishment.

(8) The terms used in subsection (7) of this section shall be defined in accordance with 42 U.S.C. 608(a)(12)(B).

Section 2. Supportive Services for KWP Participants. A supportive services payment for a KWP participant shall be made according to the type of service provided, as follows:

(1) A child care payment shall be issued pursuant to 922 KAR 2:160.

(2) A transportation payment pursuant to 921 KAR 2:017 shall be made directly to the KTAP recipient.

(3) Other approved supportive services payments shall be made:

(a) Directly to the provider; and

(b) Within thirty (30) days of receipt of appropriate verification of service delivery of billing, pursuant to 921 KAR 2:017.

Section 3. Authorization of an SSP payment.

(1) Method of payment.

(a) A payment shall be issued monthly by:

Check; or
Direct deposit into a recipient's checking account following completion by the recipient of the PA-63; and

(b) A payment shall be issued prospectively.

(2) Initial payment.

(a) The effective date for SSP approval shall be the first day of the month in which:

An application is filed; and
Eligibility factors are met.

(b) An SSP payment shall be made for the entire month of which eligibility factors are met.

(3) Subsequent and special payment.

(a) A subsequent SSP payment shall be made for an entire month in which eligibility factors are met as of the first day of the month.

(b) A special payment shall be made:

If the regular monthly payment received is less than the entitled amount based on a household circumstance; and
For a period of up to twelve (12) months preceding the month of error correction, if the error existed in the preceding months.

(4) Inalienability of a payment.

(a) An SSP money payment shall be unconditional and is exempt from a remedy for the collection of a debt, lien, or encumbrance from an individual or agency other than the Cabinet for Health and Family Services.

(b) The Cabinet for Health and Family Services shall initiate recoupment to recover overpayment of benefits.

(5) Eligible payee.

(a) A money payment shall be issued in the name of the eligible applicant except as provided in paragraph (b) of this subsection.

(b) A money payment may be issued to the:

Legally appointed committee or guardian; or
Person serving as the representative payee for another statutory benefit such as Supplemental Security Income.

(c) Upon request of an individual specified in this subsection, an SSP payment for the month of death shall be reissued to the:

Widow or widower;
Parent;
Guardian; or
Executor or administrator of the estate.

(d) If the payment is reissued to an executor or administrator, a copy of the appointment order shall be obtained as verification.

Section 4. Authorization of Persons with MI/ID Supplement Program Payment.

(1) Method of payment.

(a) The MI/ID supplement payment shall be made:

Quarterly;
By the last day of the month following the month that the certified quarter ends; and
Following receipt of appropriate documentation, pursuant to 921 KAR 2:015.

(b) The training reimbursement payment for the MI/ID Supplement Program shall be made:

Quarterly;
By the last day of the month following the month that the certified quarter ends; and
Following receipt of appropriate documentation, pursuant to 921 KAR 2:015.

(2) Initial payment.

(a) Following the notification to the Cabinet for Health and Family Services by the personal care home (PCH) of its intent to participate, the effective date of the MI/ID supplement shall be the first day of a month that certification requirements pursuant to 921 KAR 2:015 are met.

(b) If a Type A citation issued from the Office of Inspector General occurs, payment shall be made only for eligible months pursuant to 921 KAR 2:015.

(3) A subsequent payment shall be made for a month within a quarter in which eligibility factors are met.

(4) Eligible payee.

(a) Payment for the MI/ID supplement shall be made to the participating PCH, meeting MI/ID certification requirements, for an eligible calendar quarter, pursuant to 921 KAR 2:015.

(b) Payment for the MI/ID training reimbursement shall be made to the participating PCH.

Section 5. Incorporation by Reference.

(1) The "PA-63, Direct Deposit Authorization", 09/22, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

History

RELATES TO: KRS 205.193, 205.200, 205.232, 205.245, 42 U.S.C. 601-619
STATUTORY AUTHORITY: KRS 194A.050(1), 205.220
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations authorized by applicable state laws and necessary to operate the programs and fulfill the responsibilities vested in the cabinet or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.220 establishes to whom payments of public assistance grants shall be made and requires the cabinet to prescribe by administrative regulation the time and manner of payments of public assistance grants for eligible individuals. KRS 205.245 provides for assistance to persons who are aged, blind, or have a disability. This administrative regulation establishes the time and manner of payments for the Kentucky Transitional Assistance Program (KTAP) and the Kentucky Works Program (KWP) in conformity with the Social Security Act, 42 U.S.C. 601 to 619, and federal regulations. It also establishes the time and manner of State Supplementation Program (SSP) payments and Mental Illness or Intellectual Disability (MI/ID) Supplement Program payments.
History: 8 Ky.R. 1228; eff. 6-25-1982; Am. 9 Ky.R. 271; eff. 9-8-1982; 10 Ky.R. 945; eff. 2-1-1984; 1101; eff. 5-1-1984; 11 Ky.R. 82; eff. 8-7-1984; 80; eff. 12-11-1984; 12 Ky.R. 1931; eff. 7-2-1986; 13 Ky.R. 973; eff. 12-2-1986; 14 Ky.R. 512; eff. 10-2-1987; 1160; 1562; eff. 1-4-1988; 1904; eff. 4-14-1988; 15 Ky.R. 869; eff. 11-4-1988; 2308; eff. 6-21-1989; 16 Ky.R. 1033; eff. 1-12-1990; 2562; 17 Ky.R. 46; eff. 6-27-1990; 1616; eff. 12-9-1990; 2901; 3132; eff. 5-3-1991; 3548; 18 Ky.R. 297; eff. 7-17-1991; 1245; eff. 11-25-1991; 1245; 3255; 19 Ky.R. 68; eff. 6-24-1992; 1217; 1560; eff. 12-16-1992; 20 Ky.R. 2238; eff. 3-14-1994; 21 Ky.R. 633; eff. 9-21-1994; 2537; eff. 5-17-1995; 22 Ky.R. 2146; eff. 7-5-1996; 24 Ky.R. 1409; 1724; eff. 3-16-1998; 25 Ky.R. 1997; 2613; eff. 6-16-1999; Recodified from 904 KAR 2:016, 7-8-1999; 26 Ky.R. 1717; 1971; eff. 6-12-2000; TAm eff. 10-27-2004; 28 Ky.R. 177; eff. 9-10-2001; 31 Ky.R. 1022; 1282; eff. 1-19-2005; TAm eff. 1-27-2006; 34 Ky.R. 665, 996; eff. 11-19-2007; 38 Ky.R. 413; eff. 11-16-2011; 40 Ky.R. 470; 851; eff. 10-16-2013; 42 Ky.R. 594; eff. 11-18-2015; 49 Ky.R. 926; eff. 2-16-2023.

921 KAR 2:055 Hearings and appeals {#sec-921-kar-2-055 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:055}

Section 1. Hearing Information.

(1) A participant shall be informed of:

(a) The right to a hearing;

(b) The procedures for requesting a hearing, as established in Section 3 of this administrative regulation; and

(2) When the participant files an application, the cabinet shall inform the participant of the right to hearing both orally and in writing.

(3) When an action is taken that affects the benefits of the participant, the cabinet shall inform the participant of the right to hearing in writing.

Section 2. Request for a Hearing.

(1) An individual shall request a hearing by:

(a) Submitting a written request; or

(b) Making an oral request.

(2) The hearing request may be:

(a) Submitted to the local Department for Community Based Services office; or

(b) Sent to the Cabinet for Health and Family Services, Division of Administrative Hearings, Families and Children Administrative Hearings Branch, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky 40601.

(3) The reason for the hearing shall be included in the hearing request.

Section 3. Timeframe for Hearing Request.

(1) A written or oral request for a hearing shall be considered timely if received by the cabinet within:

(a) Forty (40) days of the date of the advance notice of adverse action;

(b) Thirty (30) days of the notice of:

Denial of an application; or
Decrease or discontinuance of an active case; or

(2) If a hearing officer determines an appellant meets good cause criteria in accordance with subsection (3) of this section, the appellant may be granted up to an additional thirty (30) days to submit a hearing request.

(3) An appellant may be granted good cause by the cabinet:

(a) For:

A delay in requesting a hearing;
A delay in requesting a continuation of benefits;
Failure to appear for a hearing; or
Postponement of a scheduled hearing; and

(b) If the appellant:

Was away from home during the entire filing period;
Is unable to read or to comprehend the right to request a hearing on an adverse action notice;
Moved, resulting in delay in receiving or failure to receive the adverse action notice;
Had a household member who was seriously ill;
Was not at fault for the delay of the request, as determined by the hearing officer; or
Did not receive the notice.

Section 4. Continuation of Assistance Program Benefits.

(1) If a hearing is requested, benefits shall remain inactive or reduced pending the issuance of a final order unless the appellant requests a continuation of benefits.

(2) Benefits shall be reinstated to the benefit level that was received prior to the adverse action being taken if the request for a continuation of benefits is received within:

(a) Ten (10) days of the date on the notice of adverse action; or

(b) Twenty (20) days of the date on the notice of adverse action or notice if the reason for delay meets the good cause criteria contained in Section 3(3) of this administrative regulation.

(3) If the program benefit has been reduced or discontinued as a result of a change in law or administrative regulation, subsection (2) of this section shall not apply.

(4) If the action taken by the agency is upheld, continued, or reinstated benefits shall be:

(a) Considered overpayments as defined in KRS 205.211; and

(b) Collected in accordance with KRS 45.237.

Section 5. Hearing Notification.

(1) The Division of Administrative Hearings, Families and Children Administrative Hearings Branch, shall acknowledge a hearing request.

(2) In accordance with KRS 13B.050, the notice of the hearing shall contain information regarding the:

(a) Hearing process, including the right to case record review prior to the hearing;

(b) Right to representation;

(d) Time and location of the hearing.

(3) The cabinet may deny or dismiss a hearing request in accordance with 45 C.F.R. 205.10(a)(5)(v).

Section 6. Withdrawal or Abandonment of Request.

(1) The appellant may withdraw a hearing request prior to the:

(a) Hearing; or

(b) Final order being issued if the hearing has already been conducted.

(2) The cabinet shall consider a hearing request abandoned if the appellant or authorized representative fails to:

(a) Appear for the scheduled hearing without notifying the cabinet prior to the hearing; and

(b) Establish good cause for failure to appear, in accordance with the criteria specified in Section 3(3) of this administrative regulation, within ten (10) days of the scheduled hearing date.

Section 7. Appellant's Hearing Rights.

(1) In addition to the rights described in Section 5 of this administrative regulation, the appellant shall have the right to submit additional information in support of the claim.

(2) The appellant shall have the right to a medical assessment or professional evaluation at the expense of the cabinet by a source:

(a) Not associated with the original action; and

(b) Agreeable to both the appellant and the cabinet if:

The hearing involves medical issues; and
The hearing officer considers it necessary.

(3) If a request for a medical assessment at cabinet expense is received and denied by the hearing officer, the denial shall:

(a) Be in writing; and

(b) Specify the reason for the denial.

Section 8. Postponement of a Hearing.

(1) An appellant shall be entitled to a postponement of a hearing if the:

(a) Request for the postponement is made prior to the hearing; and

(b) Need for the delay is due to an essential reason beyond the control of the appellant in accordance with good cause criteria contained in Section 3(3) of this administrative regulation.

(2) The hearing officer shall decide if a hearing is postponed.

(3) The postponement of a hearing shall not exceed thirty (30) days from the date of the request for postponement.

Section 9. Conduct of a Hearing.

(1) A hearing shall be:

(a) Scheduled by the hearing officer; and

(b) Conducted in accordance with KRS 13B.080 and 13B.090.

(2) A hearing officer shall make an effort to conduct a hearing at a location within the state that is convenient for the appellant and other parties involved.

(3) To secure all pertinent information on the issue, the hearing officer may:

(a) Examine each party or witness who appears; and

(b) If necessary, collect additional evidence from a party.

(4)

(a) If consent is obtained from each party to the appeal and from each party required to testify under oath, a telephonic hearing may be conducted.

(b) Parties to a telephonic hearing shall:

Submit all available documentary evidence to be used during the hearing to the hearing officer and the opposing party prior to the hearing being convened; and
Within the timeframe specified by the hearing officer, mail the hearing officer and opposing party any documents or written materials that:

a. Are introduced as evidence into the hearing record; and

b. Have not been supplied to the opposing party prior to the hearing.

(5) If evidence addressed in subsection (4)(b) of this section is not provided to the hearing officer and the opposing party, the evidence may be excluded from the hearing record.

Section 10. A Recommended Order.

(1) After the hearing has concluded, the hearing officer shall draft a recommended order in accordance with KRS 13B.110 that:

(a) Summarizes the facts of the case;

(b) Specifies the:

Reasons for the recommended order; and
Address to which a party in the hearing may send an exception to the recommended order;

Findings of fact;
Conclusions of law;
Supporting evidence; and
Applicable state and federal regulations; and

(d) Addresses the parties' arguments.

(2) A copy of the recommended order shall be sent simultaneously to the:

(a) Appellant or representative; and

(b) Department for Community Based Services, Division of Family Support.

(3) A recommended order shall become a final order for an administrative hearing upon review and acceptance by the agency head, in accordance with KRS 13B.120(2), unless a written exception is filed pursuant to Section 11 of this administrative regulation.

Section 11. Written Exceptions and Rebuttals.

(1) If a party to a hearing disagrees with the recommended order, the party may file a written exception in accordance with KRS 13B.110(4) with the secretary or the secretary's designee.

(2) A written exception or rebuttal shall:

(a) Be filed within fifteen (15) days of the date the recommended order was mailed;

(b) Be based on facts and evidence presented at the hearing;

(d) Be sent to each other party involved in the hearing.

Section 12. Final Order.

(1) The secretary or the secretary's designee shall issue a final order in accordance with KRS 13B.120.

(2) The secretary or the secretary's designee may reverse the decision in subsection (1) of this section if the following criteria are met:

(a) The correct determination of eligibility based on incapacity or disability is the only issue being considered in the secretary or the secretary's designee decision; and

(b) Within twenty (20) days of the hearing officer's decision, the appellant, or household member whose incapacity or disability is the issue of the hearing, receives and provides to the secretary or the secretary's designee an award letter for benefits based on disability including:

Supplemental Security Income pursuant to 42 U.S.C. 1381-1383f;
Federal Old-Age, Survivors, and Disability Insurance, pursuant to 42 U.S.C. 401-434;
Federal Black Lung Benefits pursuant to 30 U.S.C. 901-944;
Railroad Retirement Benefits pursuant to 45 U.S.C. 231-231v; or
Veterans Administration Benefits based on 100 percent disability pursuant to 38 U.S.C. 1101-1163 or 1501-1525.

(3) A party aggrieved by the decision of the secretary or the secretary's designee may pursue judicial review of the decision in accordance with KRS 13B.140 to 13B.160.

Section 13. Payments of Assistance.

(1) Payments of assistance shall be made within ten (10) days of the receipt of a final order and shall include:

(a) The month of application; or

(b) If it is established that the appellant was eligible during the entire period in which assistance was withheld, a month in which incorrect action of the cabinet adversely affected the appellant.

(2) For reversals involving reduction of benefits, action shall be taken to restore benefits within ten (10) days of the receipt of a final order.

Section 14. Limitation of Fees.

(1) The cabinet shall not be responsible for payment of attorney fees.

(2) Pursuant to KRS 205.237, an attorney representing an appellant shall not charge more than the following amounts for his services:

(a) Seventy-five (75) dollars for preparation and appearance at a hearing before a hearing officer;

(b) Seventy-five (75) dollars for preparation and presentation, including any briefs, of appeals to the secretary or the secretary's designee;

(c) $175 for preparation and presentation, including pleadings and appearance in court, of appeals to the circuit court; or

(d) $300 for preparatory work, briefs, and other materials related to an appeal to the Court of Appeals.

(3) The cabinet shall approve the amount of a fee, if the:

(a) Appellant and legal counsel agree to the fee; and

(b) Fee is within the maximums specified in subsection (2) of this section.

(4) Collection of an attorney fee shall:

(a) Be the responsibility of the counsel or agent; and

(b) Not be deducted from the benefits provided to an appellant.

History

RELATES TO: KRS Chapter 13B, 23A.010, 45.237, 199.892, 205.211, 205.231, 205.237, 45 C.F.R. 205.10, 30 U.S.C. 901-944, 38 U.S.C. 1101-1163, 1501-1525, 42 U.S.C. 401-434, 601-619, 1381-1383f, 8621-8630, 9857-9858q, 45 U.S.C. 231-231v
STATUTORY AUTHORITY: KRS 13B.170, 194A.010(2), 194A.050(1), 199.8994, 205.231(5), 42 U.S.C. 602, 8624
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.010(2) requires the Cabinet for Health and Family Services to administer income-supplement programs that protect, develop, preserve, and maintain families and children in the Commonwealth. KRS 194A.050(1) requires the secretary to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 42 U.S.C. 602 and 42 U.S.C. 8624 require states receiving Temporary Assistance for Needy Families (TANF) and Low Income Home Energy Assistance Program (LIHEAP) grants, respectively, to provide a grievance procedure for participants and outline this procedure in the applicable state plan. KRS 199.8994(1) requires the cabinet to administer all child care funds to the extent allowable under federal law or regulation and in a manner that is in the best interest of the clients to be served. KRS Chapter 13B establishes the hearing process to be followed in the Commonwealth, and KRS 205.231(5) requires the cabinet to promulgate administrative regulations for the hearing process. This administrative regulation establishes the requirements to be followed in conducting a hearing related to the Kentucky Transitional Assistance Program (KTAP) the Low-Income Home Energy Assistance Program (LIHEAP), the State Supplementation Program (SSP), or an applicant or a recipient of the Child Care Assistance Program (CCAP).
History: 921 KAR 002:055. 2 Ky.R. 239; Am. 3 Ky.R. 218; eff. 8-4-1976; 6 Ky.R. 152; eff. 10-3-1979; 8 Ky.R. 1193; eff. 6-25-1982; 9 Ky.R. 1249; eff. 6-1-1983; 11 Ky.R. 296; eff. 9-11-1984; 15 Ky.R. 2314; 16 Ky.R. 35; eff. 8-5-1989; 1039; eff. 1-12-1990; 22 Ky.R. 2153; eff. 7-5-1996; 24 Ky.R. 985; 1533; 1684; eff. 2-17-1998; Recodified from 904 KAR 2:055, 10-30-1998; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 33 Ky.R. 138; 421; eff. 9-1-2006; 36 Ky.R. 1548; 2079-M; eff. 4-2-2010; TAm eff. 6-14-2010; 39 Ky.R. 1324; eff. 3-8-2013; 40 Ky.R. 2369; 41 Ky.R. 69; 280; eff. 9-5-2014; 42 Ky.R. 597; 1239; eff. 11-18-2015; 45 Ky.R. 1835, 2738, 2925; eff. 5-3-2019; TAm eff. 3-22-2023; Crt eff. 1-8-2026.

921 KAR 2:060 Delegation of power for oaths and affirmations {#sec-921-kar-2-060 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:060}

Section 1. Specific Worker Designation. The following classifications of employees shall be designated as duly authorized representatives of the Secretary of the Cabinet for Health and Family Services to administer an oath or affirmation to an applicant or recipient:

(1) Family support specialist;

(2) Case management specialist;

(3) Public assistance program specialist;

(4) Field services supervisor;

(5) Service region administrator associate (SRAA); and

(6) Service region administrator (SRA).

Section 2. Purpose. An oath or affirmation shall be administered by a designated representative to an applicant or recipient to:

(1) Obtain a sworn statement regarding a claim that a check issued through a cabinet program has been:

(a) Lost;

(b) Misplaced; or

(2) Request a replacement check; or

(3) View a check endorsement.

Section 3. Process.

(1) A "PAFS-60, Affidavit" form shall be used if:

(a) A check is reported lost or stolen to request a replacement check within twelve (12) months of intended receipt; or

(b) A check endorsement is viewed when a reported lost or stolen check is cashed.

(2) If the payee reports non-receipt, loss, or theft of a check, the payee shall come into the office to complete a PAFS-60 form within four (4) business days of reporting non-receipt of the check in effort to place a stop payment on the check.

(3) If the original check has been cashed, a photocopy of the cashed check shall be forwarded to the local office.

(a) The payee shall view the endorsement; and

(b) If the signature is not that of the payee, the payee shall sign the PAFS-60 form stating the:

Signature on the photocopy is not the payee's signature; and
Payee received no benefit from the cashing of the check.

Section 4. Incorporation by Reference.

(1) The "PAFS-60, Affidavit", 12/22, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Cabinet for Health and Family Services, Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

History

RELATES TO: KRS 205.170(1), 42 U.S.C. 601-619
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary under applicable state laws to protect, develop, and maintain the health, personal dignity, integrity, and sufficiency of the citizens of the commonwealth and to operate the programs and fulfill the responsibilities of the cabinet. KRS 205.200 requires the Cabinet for Health and Family Services to administer public assistance programs in conformity with the public assistance titles of the Social Security Act, its amendments, and other federal acts and regulations, including 42 U.S.C. 601 to 619, and to provide supplemental payments to persons who are aged, blind, or have a disability. This administrative regulation establishes the designation of certain employees by the secretary of the cabinet to administer oaths and affirmations in conformity with KRS 205.170(1).
History: 3 Ky.R. 429; eff. 1-5-1977; Am. 7 Ky.R. 789; eff. 5-6-1981; 16 Ky.R. 246; eff. 9-20-1989; 20 Ky.R. 2252; eff. 3-14-1994; 22 Ky.R. 393; eff. 9-20-1995; 24 Ky.R. 988; 1520; eff. 1-12-1998; Recodified from 904 KAR 2:060, 10-30-1998; 28 Ky.R. 2276; 2593; eff. 6-14-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 39 Ky.R. 1327; eff. 3-8-2013; 40 Ky.R. 2910; eff. 9-5-2014; 42 Ky.R. 601; 1243; eff. 11-18-2015(3 Ky.R. 429; eff. 1-5-1977; Am. 7 Ky.R. 789; eff. 5-6-1981; 16 Ky.R. 246; eff. 9-20-1989; 20 Ky.R. 2252; eff. 3-14-1994; 22 Ky.R. 393; eff. 9-20-1995; 24 Ky.R. 988; 1520; eff. 1-12-1998; Recodi-fied from 904 KAR 2:060, 10-30-1998; 28 Ky.R. 2276; 2593; eff. 6-14-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 39 Ky.R. 1327; eff. 3-8-2013; 40 Ky.R. 2910; eff. 9-5-2014; 42 Ky.R. 601; 1243; eff. 11-18-2015; 49 Ky.R. 929, 1435; eff. 2-16-2023.

921 KAR 2:370 Technical requirements for Kentucky Works Program (KWP) {#sec-921-kar-2-370 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:370}

Section 1. Definitions.

(1) "Affordable child care arrangements" means appropriate child care at a reasonable distance that is suitable and with a charge at or below the maximum provider payment rate pursuant to the Child Care and Development Fund (CCDF) plan.

(2) "Appropriate child care" means eligible child care as provided by an "eligible child care provider", pursuant to 45 C.F.R. Part 98.2.

(3) "Assessment" means the ongoing evaluation of an individual's strengths and needs relative to achieving self-sufficiency.

(4) "Assistance" is defined by 45 C.F.R. 260.31.

(5) "Barriers" means a limitation in an individual's ability to become employed and self-sufficient or to comply with KTAP requirements.

(6) "Community service activities" means "community service programs", as defined by 45 C.F.R. 261.2(h).

(7) "Conciliation" means a process in which a participation problem in the Kentucky Works Program can be resolved.

(8) "Domestic violence and abuse" is defined by KRS 403.720(2).

(9) "Family member" means an individual:

(a) Related by blood, marriage, or adoption to a child or a work-eligible individual, as defined by 45 C.F.R. 261.2(n), in the benefit group; or

(b) Who is a member of an unmarried couple and has a child in the benefit group in common with the work-eligible individual, as defined by 45 C.F.R. 261.2(n).

(10) "Full-time school attendance" means a workload of at least:

(a) The number of hours required by the individual program for participation in:

An adult basic education program;
A general educational development (GED) program; or
A literacy program;

(b) The number of hours required by the individual program for participation in a college or university; or

(c) The equivalent of paragraph (b) of this subsection in a college or university if other than a semester system is used; or

(d) The number of hours required by the individual high school or vocational school to fulfill the high school or vocational school's definition of full time.

(11) "Job search and job readiness assistance" is defined by 45 C.F.R. 261.2(g).

(12) "Job skills training directly related to employment" is defined by 45 C.F.R. 261.2(j).

(13) "Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

(14) "Kentucky Works Program" or "KWP" means a program designed to assist eligible low-income families with a child living in the home with achieving greater self-sufficiency by assisting program participants in obtaining education, training, experience, and employment.

(15) "On-the-job training" is defined by 45 C.F.R. 261.2(f).

(16) "Part-time enrollment" means enrollment with a postsecondary institution at a minimum of half of full-time enrollment as defined by subsection (10) of this section.

(17) "Subsidized employment" is defined by 45 C.F.R. 261.2(c) and (d).

(18) "Unsubsidized employment" is defined by 45 C.F.R. 261.2(b).

(19) "Vocational education" means "vocational educational training" as defined by 45 C.F.R. 261.2(i).

(20) "Work-eligible individual" is defined by 45 C.F.R. 261.2(n).

(21) "Work Experience Program" or "WEP" means the definition of "work experience if sufficient private sector employment is not available" pursuant to 45 C.F.R. 261.2(e).

Section 2. Program Participation.

(1) Unless the KTAP recipient meets the exception criteria in Section 3 of this administrative regulation, the cabinet shall determine a work-eligible individual as follows:

(a)

A one (1) parent household shall be required to participate in a specific activity pursuant to paragraph (c) of this subsection no less than the number of hours per week required in the activity, pursuant to subparagraph 2 of this paragraph.
The activity shall be required to have at least a minimum of thirty (30) hours per week, ten (10) hours of which may be satisfied through participation in an education or training activity pursuant to paragraph (c) 8, 9, and 11 of this subsection or in literacy or adult education.

(b) A two (2) parent household shall participate in a specific activity no less than the number of hours per week required in the activity, pursuant to this paragraph. The activity shall be required to meet the following requirements:

If the family participates in the Child Care Assistance Program pursuant to 922 KAR 2:160, the activity shall be required to have at least a minimum of fifty-five (55) hours combined from both parents, five (5) of which may be satisfied through participation in an education activity pursuant to paragraph (c)8, 9, and 11 of this subsection or in literacy or adult education.
If the family does not participate in the Child Care Assistance Program pursuant to 922 KAR 2:160, a two (2) parent household shall participate thirty-five (35) hours per week combined, five (5) of which may be satisfied through participation in an education activity pursuant to paragraph (c)8, 9, and 11 of this subsection or in literacy or adult education.
If an adult is needed to care for a child in the home with a severe disability, a two (2) parent household shall participate pursuant to subparagraph 2 of this paragraph.
A two (2) parent household eligible for KTAP shall meet the number of hours of participation in a work activity listed in paragraph (a) of this subsection.

(c) In accordance with 45 C.F.R. 261.2, to be in compliance with the participation requirement in KWP, a countable activity may include:

Unsubsidized employment;
Subsidized employment;
Work experience training;
On-the-job training;
Job search and job readiness assistance;
Community service activities;
Full-time enrollment, as defined by the educational institution or program, in post-secondary or vocational education not to exceed twelve (12) cumulative months;
Full or part-time enrollment, as defined by the educational institution or program, in postsecondary or vocational education at any time if combined with an activity pursuant to subparagraph 1 through 4 and 6 of this paragraph;
Attendance at secondary school or equivalent if the recipient:

a. Has not completed secondary school or equivalent; or

b. Couples the attendance with work or work activity in the amount of hours per week pursuant to paragraphs (a) and (b) of this subsection;

Provision of child care services to an individual participating in community service activities;
Job skills training directly related to employment; and
Based on the findings of the assessment, an allowable activity that includes:

a. Domestic violence and abuse counseling;

b. Life skills training;

c. A substance abuse program;

d. Mental health counseling;

e. Vocational rehabilitation;

f. Literacy;

g. Adult education; or

h. Another preparation or service:

(i) To address an individual's barriers; and

(ii) Approved in advance by the cabinet.

(2) Excused absences shall:

(a) Include:

Scheduled hours missed due to holidays; and
A maximum of ten (10) additional days or eighty (80) hours of excused absences in any twelve (12) month period with no more than two (2) days or sixteen (16) hours occurring in a month; and

(b) Count as actual hours of participation.

(3) To verify the actual number of hours of participation in approved activities, the KTAP recipient shall provide the following:

(a) A completed "KW-33, Verification of Kentucky Works Program Participation"; or

(b) A monthly calendar sheet or log that requires the signature of the person supervising the work-eligible individual.

Section 3. Exceptions to Program Participation.

(1) A work-eligible individual shall be considered to be engaged in work for a month in a fiscal year if the individual:

(a) Is a head of household;

(b) Has not obtained a high school diploma or a GED;

(d)

Maintains regular attendance and satisfactory progress at a secondary school or the equivalent during the month; or
Participates in education that is directly related to employment for at least twenty (20) hours a week while maintaining regular attendance and satisfactory progress.

(2)

(a) A work-eligible individual shall not be required to comply with a program participation requirement for up to twelve (12) months if the individual is:

A single custodial parent; and
Caring for a child who has not attained twelve (12) months of age.

(b) The twelve (12) months of exemption from a work participation requirement shall be limited to a total of twelve (12) months in a lifetime for the adult and may be:

Consecutive; or
Cumulative.

(3)

(a) For a work-eligible individual whose compliance with program participation would make it difficult to escape domestic violence and abuse or unfairly penalize the individual who is currently experiencing or is a survivor of domestic violence and abuse, compliance shall not be mandated.

(b) If a KTAP applicant or work-eligible individual is identified as a survivor of domestic violence and abuse or currently experiencing domestic violence and abuse, an appropriate services plan shall be required for the individual pursuant to 921 KAR 2:006, Section 19.

(4) A work-eligible individual shall be considered to be engaged in work for a month if the individual is:

(a) A single custodial parent or caretaker relative in the family with a child who has not attained six (6) years in age; and

(b) Engaged in work for an average of at least twenty (20) hours per week during the month pursuant to Section 2(1)(c) 1, 2, 3, 4, 5, 6, or 7 of this administrative regulation.

(5) In accordance with 45 C.F.R. 261.2(n)(2)(i), the cabinet shall exclude from program participation a parent providing care to a disabled family member as verified by the completion of the "PA-4, Statement of Required Caretaker Services".

(6) In accordance with 45 C.F.R. 261.2(n)(2), the cabinet shall exclude from program participation a parent who is a recipient of Social Security Disability Insurance (SSDI) benefits.

(7)

(a) If an individual with an ADA disability cannot participate in a countable work activity as specified in Section 2 of this administrative regulation.

(b) A reasonable accommodation or program modification may include:

Excused participation from an activity;
Participation for a reduced number of hours;
Participation in an activity for a longer period of time than is countable; or
Participation in an activity that is not countable in accordance with Section 2(1)(c)12 of this administrative regulation.

(8) An applicant of KTAP shall be informed in writing of the availability of the exceptions to KWP participation pursuant to this section.

Section 4. Program Participation Requirements.

(1) Assessment.

(a) The cabinet or its designee shall make an assessment of the work-eligible individual's employability on the "KW-200, Kentucky Works Program Assessment".

(b) The cabinet shall request another agency to assist in the assessment process if the need for a diagnostic assessment or an additional professional skill set is indicated.

Basic skills;
Occupational skills;
Barriers and other relevant factors;
An ADA disability; and
A reasonable accommodation or program modification needed for an individual with an ADA disability.

(2) The self-sufficiency plan. Based on the findings of the assessment, the cabinet or its designee and work-eligible individual shall jointly develop a self-sufficiency plan by completing the "KW-202, KTAP Transitional Assistance Agreement". This plan shall contain:

(a) An employment goal for the individual;

(b) A service to be provided by the cabinet including child care;

(d) A reasonable accommodation or program modification needed due to an ADA disability; and

(e) Other needs of the family.

(3) In accordance with KRS 205.200(7)(a), an adult applicant or recipient of the KTAP benefit group shall register for work except for a member who is:

(a) Under age eighteen (18);

(b) Age sixty (60) or over;

(d) Receiving benefits based on 100 percent disability;

(e) An individual who has received benefits based on 100 percent disability within the past twelve (12) months but lost the benefits due to income or resources and not an improvement in the disability;

(f) Employed thirty (30) hours or more per week at minimum wage or more; or

(g) Part of a federal Office of Refugee Resettlement (ORR) eligible population whose immigration status excludes or prohibits work registration in accordance with 45 C.F.R. 261.2(n)(1)(ii).

Section 5. Conciliation.

(1) Conciliation shall be conducted:

(a) At the request of a work-eligible individual or a KWP participant;

(b) At the request of a service provider; or

(2) The conciliation shall be conducted by the cabinet or its designee.

(3) During conciliation, the cabinet or its designee shall determine if an additional service is needed to assist with KWP participation.

(4)

(a) During conciliation, participation shall be monitored for up to fifteen (15) days following the issuance of form "KW-204, KWP Conciliation".

(b) The fifteen (15) day period may be extended for an additional fifteen (15) days, if necessary, to determine if participation is in compliance with the terms of the conciliation.

(5) At the conclusion of the conciliation period, the participant shall be notified in writing of an adverse action in accordance with 921 KAR 2:046.

Section 6. Excused from Penalties.

(1) A work-eligible individual shall be excused from a penalty for failure to comply with KWP, pursuant to Section 7 of this administrative regulation, if one (1) of the following good cause criteria is met:

(a) The individual is a single custodial parent who has a demonstrated inability to obtain needed child care for a child under six (6) years of age. A demonstrated inability to obtain needed child care for a child under six (6) years of age shall be met if the single custodial parent cannot locate appropriate or affordable child care;

(b) Dependent care is not available for an incapacitated individual living in the same household as a dependent child;

(d) Child care does not meet the needs of the child, for example, a child with a disability;

(e)

The individual is unable to engage in employment or training for a mental or physical reason as verified by the cabinet; and
No reasonable accommodation or program modification exists;

(f) The individual is temporarily incarcerated or institutionalized for thirty (30) days or less;

(g) The cabinet determines there is discrimination by an employer and a formal complaint has been filed based on:

Age;
Race;
Sex or gender identity;
Color;
Sexual orientation;
Religion;
National origin or ancestry;
Disability;
Political belief; or
Reprisal or retaliation for prior civil rights activity;

(h) Work demand or condition renders continued employment unreasonable including:

Consistently not being paid on schedule; or
The presence of a risk to the individual's health or safety;

(i) Wage rate is decreased subsequent to acceptance of employment;

(j) The individual accepts a better job that, because of a circumstance beyond the control of the individual, does not materialize; or

(k) The work activity site is so far removed from the home that commuting time would exceed three (3) hours per day.

(2) The duration of good cause criteria may vary according to the individual's circumstance.

Section 7. Penalties.

(1) If a work-eligible individual fails to comply with a requirement of the KWP, the recipient shall be subject to a KWP and KTAP penalty. Failure to comply shall be found if the work-eligible individual:

(a) Fails without good cause, pursuant to Section 6 of this administrative regulation, to participate in a required activity, including:

An assessment interview;
An assessment; or
Self-sufficiency plan development including completion of KW-202;

(b) Fails without good cause, pursuant to Section 6 of this administrative regulation, to participate in a program activity in accordance with form KW-202;

(d) Terminates employment or reduces earnings without good cause, pursuant to Section 6 of this administrative regulation; or

(e) Fails to register for work unless an exception in Section 4(3) of this administrative regulation applies.

(2)

(a) Except for a requirement listed in paragraph (b) of this subsection:

A work-eligible individual who has failed to comply with a KWP requirement without good cause, pursuant to Section 6 of this administrative regulation, shall be penalized by reducing the amount of the assistance otherwise payable to the benefit group on a pro rata basis; or
Assistance otherwise payable to a benefit group consisting of a two (2) parent household shall be discontinued if neither the work-eligible individual who is a qualifying parent nor the other parent complies with a KWP requirement without good cause, pursuant to Section 6 of this administrative regulation.

(b) Assistance to the benefit group shall be denied if the work-eligible individual, fails, without good cause pursuant to Section 6 of this administrative regulation, to:

Keep an appointment for an assessment interview; or
Pursuant to Section 4 of this administrative regulation:

a. Complete an assessment; or

b. Register for work.

(c) The penalties in subsection (2)(a) of this section shall continue to be applied until the work-eligible individual complies with a program requirement.

(3) The penalties in subsection (2) of this section shall not be applied until after a conciliation procedure is conducted pursuant to Section 5 of this administrative regulation.

Section 8. Hearings and Appeals. An applicant or recipient of benefits pursuant to a program described herein who is dissatisfied with an action or inaction on the part of the cabinet shall have the right to a hearing pursuant to 921 KAR 2:055.

Section 9. Work Experience Program Training Site Agreement.

(1) A cost incurred by a training site agency because of participation in a WEP shall not be reimbursed.

(2) A WEP participant shall not be removed from training without prior notice to the Department for Community Based Services.

(3) A WEP participant shall not infringe upon the promotional opportunity of a currently employed individual.

(4) An individual shall not be subjected to discrimination, or denied training or employment or benefits, in the administration of, or in connection with, the training program because of:

(a) Race;

(b) Color;

(d) Sex or gender identity;

(e) Sexual orientation;

(f) Age;

(g) Disability;

(h) National origin or ancestry;

(i) Political belief or affiliation; or

(j) Reprisal or retaliation for prior civil rights activity.

(5) Prior to placement in a WEP activity, a WEP participant shall sign form "KW-241, WEP Training Site Agreement".

(6) A training site agency shall:

(a) Complete surveying or reporting relating to the operation of the training site agreement upon the request of the cabinet;

(b) Not displace a currently employed worker by a WEP participant, including a partial displacement including a reduction of the:

Hours of non-overtime work;
Wages; or
Employment benefits;

(d) Report a personnel problem to the departmental representative designated by the cabinet;

(e) Maintain accurate time and attendance records daily for a WEP participant;

(f) Verify time and attendance records for a WEP participant pursuant to Section 2(3) of this administrative regulation to ensure the WEP participant's compliance with subsection (7) of this section;

(g) Grant access for the Department for Community Based Services to the training site during working hours to counsel a participant and to monitor the site;

(h) Immediately report an injury to the designated representative;

(i) Conduct an investigation and submit a report upon the request of the Department for Community Based Services;

(j) Not encourage or require a WEP participant to take part in partisan political activity, or involve a WEP participant in partisan political activity;

(k) Maintain the confidentiality of information provided by or about a WEP participant who seeks or receives a service pursuant to form KW-241, except as authorized by law or in writing by a WEP participant;

(l) Hold the cabinet harmless from a loss, claim, expense, action, cause of action, cost, damage, and obligation arising from a negligent act or omission of the training site agency, its agent, employee, licensee, invitee, or WEP participant that results in injury to a person, or damage or loss relative to a person, corporation, partnership, or other entity;

(m) Provide:

Sufficient training to ensure development of appropriate skills;
New task after mastery of a skill; and
Adequate participation instruction and supervision at all times;

(n) Provide the participant a safe training place;

(o) Assure a participant, engaged in an activity not covered pursuant to 29 U.S.C. 651 to 678, is not required or permitted to receive training or a service in a building or surrounding, or under a training condition that is unsanitary, hazardous, or dangerous to the health and safety of the participant;

(p) Provide adequate material to complete a training activity in a safe environment; and

(q) Sign form KW-241 with the cabinet and the participant containing a statement of:

The conditions established by subsections (1) through (10) of this section; and
The period covered by the agreement, including the required weekly number of hours of participation.

(7) The WEP participant shall submit verification pursuant to Section 2(3) of this administrative regulation completed monthly in accordance with subsection (6)(e) and (f) of this section.

(8) If an amendment is made to the agreement, a new form KW-241 shall be issued.

(9) A WEP participant or WEP provider shall be notified in writing of discontinuance of a WEP placement on form KW-241.

(10) A WEP participant shall have the right to request an administrative hearing, in accordance with Section 8 of this administrative regulation, relating to a grievance or complaint.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "KW-33, Verification of Kentucky Works Program Participation", 09/22;

(b) "KW-200, Kentucky Works Program Assessment", 09/22;

(d) "KW-204, KWP Conciliation", 09/22;

(e) "KW-241, WEP Training Site Agreement", 09/22; and

(f) "PA-4, Statement of Required Caretaker Services", 09/22.

History

RELATES TO: KRS 205.200(1), 403.720(2), 45 C.F.R. 98.2, 260-265, 29 U.S.C. 651-678, 42 U.S.C. 601-619, 12101-12213
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2), 205.200(7), 205.2003
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.200(2) and (7) require the secretary to promulgate administrative regulations prescribing the conditions of eligibility for public assistance, in conformity with the Social Security Act, 42 U.S.C. 601 to 619, and federal regulations. KRS 205.2003 requires that a work program for a recipient of Kentucky Transitional Assistance Program (KTAP) be prescribed by administrative regulations. This administrative regulation sets forth the technical requirements of the Kentucky Works Program (KWP).
History: 19 Ky.R. 2208; eff. 4-21-1993; Am. 20 Ky.R. 2916; 3199; eff. 6-2-1994; 21 Ky.R. 2315; 2711; eff. 4-19-1995; 24 Ky.R. 1175; 1742; 1892; eff. 3-16-1998; 25 Ky.R. 2013; 2625; eff. 6-16-1999; Recodified from 904 KAR 2:370, 7-8-1999; 26 Ky.R. 1728; 1982; eff. 6-12-2000; TAm eff. 10-27-2004; 32 Ky.R. 779; 1303; 1431; eff. 3-2-2006; 33 Ky.R. 1455; 1831; eff. 2-2-2007; 35 Ky.R. 1345; 1805; 2070; eff. 3-11-2009; 37 Ky.R. 1904; 2208; eff. 4-1-2011; TAm eff. 7-5-2012; 42 Ky.R. 602; eff. 11-18-2015; 49 Ky.R. 929, 1435; eff. 2-16-2023.

921 KAR 2:500 Family Assistance Short Term (FAST) {#sec-921-kar-2-500 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:500}

Section 1. Definitions.

(1) "Benefit group" means a group that meets the eligibility requirements established in 921 KAR 2:006.

(2) "Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

(3) "Overpayment" means a FAST benefit received by an individual who:

(a) After an initial determination of eligibility is determined to be ineligible for the program and erroneous benefits were received by the individual; or

(b) Is determined eligible for the program and refuses to apply the benefit to the provider of the service needed to resolve the short-term emergency as indicated by the individual at the time of the application.

(4) "Self-supporting" means an individual who:

(a) Is employed; or

(b) Shall be employed within the subsequent three (3) months.

(5) "Unsubsidized child care" means child care for which financial assistance is not provided.

Section 2. Eligibility for FAST.

(1) To qualify for FAST benefits, the benefit group shall:

(a) Meet the technical requirements of KTAP in accordance with 921 KAR 2:006;

(b) Not be currently receiving ongoing KTAP benefits;

Car repair, to be:

a. Completed by a mechanic who is employed by a garage;

b. Completed by a vocational school automotive program; or

c. The responsibility of the FAST recipient, if a payment is made for a new or used automotive part;

Other transportation assistance;
Unsubsidized child care;
Utilities payment assistance;
Housing payment assistance; or
Items required for employment; and

(d) Be determined by the cabinet to be self-supporting if the short-term need is met.

(2) The cabinet shall determine if a potential KTAP applicant's eligible benefit group is eligible to receive FAST benefits.

(3) The KTAP eligible benefit group shall be notified of the option to decline FAST benefits in lieu of applying for ongoing KTAP benefits.

(4) FAST shall be utilized instead of KTAP if:

(a) Requested by the benefit group; and

(b) The benefit group is deemed eligible for FAST.

(5)

(a) The benefit group's countable gross income shall include earned and unearned income in accordance with 921 KAR 2:016, Sections 4 and 5.

(b) The benefit group's gross income shall be computed using the best estimate of income for the month of application in accordance with 921 KAR 2:016, Section 10.

(c) The benefit group's total gross earned and unearned income shall not exceed 100% of the official federal poverty income guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services pursuant to 42 U.S.C. 9902(2).

(6)

(a) The FAST eligibility period for an approved FAST application shall be a three (3) consecutive month period beginning with the date of FAST approval.

(b) One (1) or more checks with a combined total of up to $2,600, to the extent funds are available, may be issued to resolve a short-term need as specified in subsection (1)(c) of this section during the three (3) month eligibility period.

(c) An adult member of a benefit group shall not be approved to receive FAST benefits until a twelve (12) month period has passed since the last FAST payment was issued.

(d) If the adult member of a benefit group has voluntarily quit employment, the adult member shall not be eligible to receive FAST, unless the adult meets criteria specified in 921 KAR 2:370, Section 6(1)(a) through (k).

Section 3. Authorization of a FAST Payment.

(1) The amount of the eligible FAST payment shall be issued in one (1) or more checks to:

(a) A vendor;

(b) The eligible FAST benefit group and vendor, as a two (2) party check; or

(2) Except for payments for purchases of merchandise or goods, a FAST payment shall not be issued to a vendor of services who is required and fails to provide signed documentation of:

(a) A tax identification number or Social Security number; and

(b) Verification of services.

(3) Total payments during the three (3) month FAST eligibility period shall not exceed $2,600, to the extent funds are available.

Section 4. Coordination with KTAP and Other Benefit Programs.

(1) Receipt of a FAST payment shall exclude the benefit group from receiving ongoing KTAP benefits for twelve (12) months unless nonreceipt would result in:

(a) Abuse or neglect of a child, as defined by KRS 600.020(1); or

(b) The parent's inability to provide adequate care or supervision due to the loss of employment through no fault of the parent.

(2) A benefit group shall not be eligible to receive Work Incentive (WIN), KTAP, or FAST funds concurrently.

(3) An application shall be taken or a referral made for the following benefits as needed for a FAST eligible family:

(a) Supplemental Nutrition Assistance Program (SNAP);

(b) Medicaid;

(d) Child support.

(4) For a FAST eligible benefit group, a referral shall be made as needed for other services offered through other state agencies, contractors, or charitable organizations to include the following services:

(a) Job search;

(b) Job readiness assessment;

(d) Other food benefit programs.

Section 5. Overpayments.

(1) The cabinet shall recover the amount of an overpayment, including assistance paid pending the outcome of a hearing, from the claimant-payee.

(2) An overpayment shall be recovered through:

(a) Repayment by the claimant-payee to the cabinet; or

(b) Cabinet initiation of a civil action in the court of appropriate jurisdiction after the claimant-payee has exhausted or abandoned the administrative and judicial remedies specified in 921 KAR 2:055.

Section 6. Hearing Rights. Hearing rights for FAST shall be the same as hearing rights for a KTAP recipient in accordance with 921 KAR 2:055.

History

RELATES TO: KRS 205.200, 205.2003, 205.211, 600.020(1), 45 C.F.R. 260-265, 42 U.S.C. 601-619, 42 U.S.C. 9902(2)
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate all administrative regulations authorized by applicable state laws necessary to operate the programs and fulfill the responsibilities vested in the cabinet or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.200(2) requires the cabinet to prescribe, by administrative regulation, the conditions of eligibility for public assistance, in conformity with the Social Security Act, 42 U.S.C. 601-619, and federal regulations. This administrative regulation establishes requirements for the Family Assistance Short Term (FAST) program in accordance with Temporary Assistance for Needy Families (TANF) provisions established in 45 C.F.R. 260-265.
History: 25 Ky.R. 2075; Am. 2913; eff. 6-16-1999; Recodified from 904 KAR 2:500, 7-8-1999; 26 Ky.R. 1732; eff. 5-10-2000; 29 Ky.R. 831; 1666; eff.12-18-2002; 30 Ky.R. 2411; 31 Ky.R. 97; eff. 8-6-2004; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 37 Ky.R. 1909; eff. 4-1-2011; 42 Ky.R. 607; eff. 11-18-2015; 49 Ky.R. 684; eff. 3-16-2023.

921 KAR 2:510 Relocation Assistance Program (RAP) {#sec-921-kar-2-510 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:510}

Section 1. Definitions.

(1) "Benefit group" means a group that meets the eligibility requirements established in 921 KAR 2:006.

(2) "Family Assistance Short Term" or "FAST" means the program established in 921 KAR 2:500.

(3) "Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

Section 2. Relocation Assistance Program (RAP).

(1) An applicant for RAP shall:

(a) Be a current recipient of KTAP;

(b)

Have a verified offer of employment with wages in an amount equal to or greater than thirty (30) hours per week at the minimum hourly wage rate; or
Be currently employed with wages in an amount equal to or greater than thirty (30) hours per week at the minimum hourly wage rate, reporting and verifying timely, and request relocation assistance within ninety (90) days from the start date of employment; and

Accept or maintain a verified offer of employment if the applicant's:

a. Current residence is located ten (10) miles or more from the location of new employment; and

b. New residence is closer to the location of new employment than the applicant's current residence;

Escape a domestic violence situation, as determined by the cabinet pursuant to 921 KAR 2:006, Section 1; or
Prevent homelessness.

(d) Not be required to comply with paragraphs (b) and (c)1 of this subsection, if moving to escape from a domestic violence situation; and

(e) Complete Form RA-1, Application for Relocation Assistance.

(2) To the extent funds are available, the payment shall be issued to assist an eligible KTAP recipient in meeting moving-related expenses. Moving-related expenses shall include:

(a) Moving van rental;

(b) First month's rent for apartment or house; and

(c) Security deposit, utility hook-up fee, or other moving-related fee approved by the cabinet for the apartment or house referenced in paragraph (b) of this subsection.

(3) The amount of payment shall be up to $1,500 based on the actual verified moving-related expenses, as listed in subsection (2) of this section.

(4) Except for a domestic violence situation, an otherwise eligible recipient of RAP shall receive relocation assistance a maximum of once every twelve (12) months.

(5) The offer of employment, including hourly wage and number of hours, and the availability of a new residence, as specified in subsection (1)(b)1 and (c)1 of this section shall be verified in writing.

(6) The start date of ongoing employment, including hourly wage and number of hours and the availability of a new residence as specified in subsection (1)(b)2 and (c)1 of this section, shall be verified in writing.

(7) The cabinet shall provide follow-up case management to assist the family with the transition.

(8) A family not currently receiving KTAP and eligible to receive FAST may receive assistance to relocate pursuant to 921 KAR 2:500.

(9) A KTAP recipient may refuse without penalty an offer of employment that would require relocation.

Section 3. Hearing Rights. Hearing rights for RAP shall be the same as hearing rights for a KTAP recipient in accordance with 921 KAR 2:055.

Section 4. Improper Payments. The cabinet shall recover the amount of an improper payment pursuant to KRS 45.237-241 and 205.211, including assistance paid pending the outcome of a hearing, from the claimant-payee.

Section 5. Incorporation by Reference.

(1) The "RA-1, Application for Relocation Assistance", 08/22, is incorporated by reference.

History

RELATES TO: KRS 45.237-241, 205.211, 45 C.F.R. Parts 260-265, 42 U.S.C. 601-619
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for receipt of federal funds. KRS 205.200(2) requires the secretary to prescribe, by administrative regulation, conditions of eligibility for public assistance, in conformity with federal law. This administrative regulation establishes eligibility requirements for the Relocation Assistance Program (RAP) in accordance with Temporary Assistance for Needy Families (TANF) provisions established in 45 C.F.R. Parts 260-265.
History: 25 Ky.R. 2077; eff. 6-16-1999; Recodified from 904 KAR 2:510, 7-8-1999; 29 Ky.R. 1150; 1668; eff. 12-18-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 33 Ky.R. 1746; 2331; eff. 3-9-2007; 42 Ky.R. 610; eff. 11-18-2015; 49 Ky.R. 687; eff. 3-16-2023.

921 KAR 2:520 Work Incentive (WIN) {#sec-921-kar-2-520 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:520}

Section 1. Definitions.

(1) "Benefit group" means a group that meets the eligibility requirements established in 921 KAR 2:016.

(2) "Cabinet" means the Cabinet for Health and Family Services.

(3) "Family Assistance Short Term" or "FAST" means the program established in 921 KAR 2:500.

(4) "Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

(5) "Overpayment" means a Work Incentive payment received by an individual who after an initial determination of eligibility:

(a) Is determined to be ineligible for the program; and

(b) Received erroneous benefits.

(6) "Work expense" means costs or charges accumulated as a result of items or services necessary for employment.

Section 2. Eligibility for WIN.

(1) To qualify for WIN, a member of the benefit group shall:

(a) Be discontinued from KTAP with earnings;

(b) Report to the cabinet within ten (10) calendar days of obtaining employment and provide written verification within ten (10) calendar days of the report;

(d) Be employed;

(e) Have a work expense;

(f) Be a resident of Kentucky; and

(g) Have total gross earned and unearned income at or below 200 percent of the official federal poverty income guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services pursuant to 42 U.S.C. 9902(2).

(2) An individual is not eligible for WIN if:

(a) Employment is obtained after the KTAP case is discontinued; or

(b) The individual has previously received all twelve (12) months of WIN payments.

(3) An eligible recipient shall not receive KTAP, FAST, or WIN concurrently.

Section 3. Eligibility Period.

(1)

(a) The potential WIN eligibility period for an approved WIN recipient shall be twelve (12) cumulative months, beginning with the first month of discontinuance of KTAP.

(b) Eligibility shall be redetermined monthly.

(2)

(a) An eligible WIN recipient shall be eligible for up to twelve (12) cumulative months of WIN payments.

(b) If an eligible recipient loses employment, the WIN payment shall stop unless:

New employment is obtained within one (1) month; and
Written verification is provided to the cabinet by the last business day of the WIN-eligible month to verify the new employment.

(c) If eligibility in accordance with Section 2(1) of this administrative regulation is no longer met, the WIN payment shall stop.

(d) If the eligible WIN recipient reapplies and is eligible for KTAP, the WIN payment shall stop.

(3) If an individual previously received less than twelve (12) WIN payments and regains eligibility for WIN, the eligible recipient may continue to receive the remaining WIN payments.

(4) An eligible recipient shall not waive receipt of the WIN payment in order to receive the payment at a later date.

Section 4. Payment Amount and Authorization.

(1) To the extent funds are available, the payment amount shall be $200 per month per eligible adult.

(2) The first payment shall be automatically issued on the tenth day of the effective month of the discontinuance of KTAP benefits.

(3) Each subsequent payment may be issued upon the cabinet receiving:

(a) A completed WIN-1, Work Incentive (WIN) Report, by the last business day of the WIN-eligible month; or

(b) A completed WIN-2, Second Notice for Work Incentive (WIN) Report, by the last business day of the WIN-eligible month.

Section 5. Overpayments.

(1) The cabinet shall recover the amount of an overpayment, including assistance paid pending the outcome of a hearing, from the claimant-payee.

(2) An overpayment shall be recovered through:

(a) Repayment by the claimant-payee to the cabinet; or

Section 6. Hearings and Appeals. An applicant or recipient of WIN payments who is dissatisfied with an action or inaction on the part of the cabinet may seek a hearing pursuant to 921 KAR 2:055.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "WIN-1, Work Incentive (WIN) Report", 08/22; and

(b) "WIN-2, Work Incentive (WIN) Report – Second Notice", 08/22.

History

RELATES TO: KRS 205.200, 205.211, 45 C.F.R. Parts 260-265, 42 U.S.C. 601-619, Part 9902(2)
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2), 205.2003
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.200(2) requires the cabinet to prescribe, by administrative regulation, the conditions of eligibility for public assistance, in conformity with the Social Security Act, 42 U.S.C. 601 to 619, and federal regulations. KRS 205.2003 requires the cabinet to promulgate administrative regulations to develop a work program for recipients of public assistance to provide for immediate employment or preparation for employment, and to provide supportive services to assist in the pursuit of work and self-sufficiency. This administrative regulation establishes requirements for receiving the Work Incentive (WIN) payment in accordance with Temporary Assistance for Needy Families (TANF) provisions established in 45 C.F.R. Parts 260-265.
History: 29 Ky.R. 859, Am. 2296; eff. 3-19-2003; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 42 Ky.R. 610; eff. 11-18-2015; 49 Ky.R. 690; eff. 3-16-2023.

Chapter 3 Supplemental Nutrition Assistance Program

921 KAR 3:010 Definitions {#sec-921-kar-3-010 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:010}

Section 1. Definitions.

(1) "Agency error" means an over issuance of SNAP benefits caused by an action or failure to take an action by the cabinet.

(2) "Allotment" is defined by 7 C.F.R. 271.2.

(3) "Application" means an "application form", as defined by 7 C.F.R. 271.2, that is used to apply for SNAP and that is completed by:

(a) A household member; or

(b) An authorized representative.

(4) "Authorized representative" means an individual designated by a household member to act on behalf of the household in one (1) or all of the following capacities:

(a) Making application for the program;

(b) Obtaining the EBT card; or

(5) "Benefits" means the value of SNAP provided to a household by means of an EBT access device.

(6) "Boarder" means an individual to whom a household furnishes lodging and meals for reasonable compensation.

(7) "Cabinet" means the Cabinet for Health and Family Services or its designee.

(8) "Certification" means the action necessary to determine eligibility of a household including:

(a) Interview;

(b) Verification; and

(9) "Disabled " means, in accordance with 7 C.F.R. 271.2:

(a) An individual who receives:

Supplemental Security Income (SSI) or presumptive SSI under 42 U.S.C. 1381 to 1385;
Disability or blindness payments under:

a. 42 U.S.C. 301 to 306;

b. 42 U.S.C. 401 to 433;

c. 42 U.S.C. 1201 to 1206;

d. 42 U.S.C. 1351 to 1355; or

e. 42 U.S.C. 1381 to 1385;

Optional or mandatory state supplementation;
Disability retirement benefits:

a. From a federal, state, or local government agency; and

b. Resulting from a disability considered permanent under 42 U.S.C. 421(i); or

Annuity payments under:

a. 45 U.S.C. 231(a) to (v);

b. Is determined to qualify for Medicare by the Railroad Retirement Board; and

c. Has a disability based upon the criteria used under 42 U.S.C. 1381 to 1385;

(b) A veteran with a service connected or nonservice connected disability rated by the Veteran's Administration or paid as total (100 percent) by the Veteran's Administration under Title 38 of the United States Code;

(c) A veteran considered by the Veteran's Administration to be in need of regular aid and attendance or permanently housebound under Title 38 of the United States Code;

(d) A surviving spouse of a veteran and considered by the Veteran's Administration to be in need of regular aid and attendance or permanently housebound;

(e) A surviving child of a veteran and considered by the Veteran's Administration to be permanently incapable of self-support under Title 38 of the United States Code;

(f) A surviving spouse or surviving child of a veteran and considered by the Veteran's Administration to be entitled to:

Compensation for a service-connected death;
Pension benefits for a nonservice-connected death under Title 38 of the United States Code; and
Has a disability considered permanent under 42 U.S.C. 421(i);

(g) An individual in receipt of disability related medical assistance under 42 U.S.C. 1396;

(h) An individual who is certified to receive, but not yet receiving SSI or Social Security disability payments; or

(i) An individual who is currently having his entire SSI or Social Security disability benefit check recouped to recover a prior overpayment.

(10) "Drug addiction or alcoholic treatment program" means "drug addiction or alcoholic treatment and rehabilitation program" as defined by 7 C.F.R. 271.2.

(11) "Elderly" means, in accordance with 7 C.F.R. 271.2, an individual who is:

(a) Age sixty (60) or older; or

(b) Fifty-nine (59) years of age at the time of application, but shall turn age sixty (60) before the end of month of application.

(12) "Electronic benefit transfer" or "EBT" means a computer-based electronic benefit transfer system or access device in which an eligible household's benefit authorization is received from a central computer through a point of sale terminal.

(13) "Employment and Training Program" or "E&T":

(a) Is defined by 7 C.F.R. 271.2; and

(b) Means the program established in 921 KAR 3:042.

(14) "Entitlement" means the amount of SNAP benefits that a household would receive if every disqualified household member participates.

(15) "Excluded household member" means an individual residing with a household, but excluded when determining the household's size in accordance with the provisions of 921 KAR 3:035, Section 5(3) and (4).

(16) "Expungement" means the removal of benefits from a household's EBT account if, pursuant to 921 KAR 3:045:

(a) The household has not accessed the account for nine (9) consecutive months; or

(b) The cabinet verifies that all household members are deceased.

(17) "Federal fiscal year" means a period of twelve (12) calendar months beginning with each October 1 and ending with September 30 of the following calendar year.

(18) "FNS" means the Food and Nutrition Service of the United States Department of Agriculture in accordance with 7 C.F.R. 271.2.

(19) "Group living arrangement" is defined by 7 C.F.R. 271.2.

(20) "Head of household" means the person in whose name the application for participation is made as:

(a) Having primary financial responsibility for the household;

(b) Being an adult parent of a child of any age and living in the household; or

(21) "Homeless" means "homeless individual" as defined by 7 C.F.R. 271.2.

(22) "Household" means:

(a) An individual who:

Lives alone; or
While living with others, customarily purchases and prepares meals for home consumption separate from others; or

(b) A group of individuals who live together and customarily purchase food and prepare meals together for home consumption.

(23) "Inadvertent household error" means an overissuance resulting from a misunderstanding or unintended error on the part of the household.

(24) "Institution of higher education" means any institution providing post high school education, which normally requires a high school diploma or equivalency certificate for a student to enroll, such as a:

(a) College;

(b) University; and

(25) "Intentional program violation" or "IPV" is defined by 7 C.F.R. 273.16(c).

(26) "Kentucky Transitional Assistance Program" or "KTAP", means the program established in 921 KAR 2:006.

(27) "Medicaid" means medical assistance under 42 U.S.C. 1396 in accordance with 7 C.F.R. 271.2.

(28) "Nonhousehold member" means an individual residing with a household, but not considered a household member in determining the household's eligibility or allotment.

(29) "Overissuance" is defined by 7 U.S.C. 271.2.

(30) "Public assistance" or "PA" means any of the programs authorized under 42 U.S.C. 601 to 679 in accordance with 7 C.F.R. 271.2, including:

(a) Old age assistance;

(b) KTAP;

(d) Aid to the persons who have a permanent and total disability; and

(e) Aid to aged, blind, or persons with a disability.

(31) "Quality control review" is defined by 7 C.F.R. 271.2.

(32) "Recipient claim" means an amount owed to the cabinet because a household:

(a) Received an overissuance; or

(b) Trafficked SNAP benefits.

(33) "Restoration of benefits" means the provision of SNAP benefits that are owed to a household that received less SNAP benefits than it was entitled to receive during the month pursuant to 921 KAR 3:050, Section 10.

(34) "Self-employment income" means income from a business enterprise from which no taxes are withheld prior to receipt of the income by the individual.

(35) "Shelter for battered women and children" is defined by 7 C.F.R. 271.2.

(36) "Sponsor" means a person who executed an affidavit of support or similar agreement on behalf of an immigrant as a condition of the immigrant's entry or admission into the United States as a permanent resident.

(37) "Sponsored immigrant " means an immigrant lawfully admitted for permanent residence as an immigrant as defined under 8 U.S.C. 1101.

(38) "Spouse" means either of two (2) individuals who:

(a) Would be defined as married to each other under applicable state law; or

(b) Are living together and are holding themselves out to the community as husband and wife by representing themselves as such to relatives, friends, neighbors, or trades people.

(39) "Striker" means anyone involved in a strike or other concerted stoppage of work by employees.

(40) "Supplemental Nutrition Assistance Program" or "SNAP":

(a) Is defined by 7 U.S.C. 2012(t); and

(b) Means the program formerly known as the Food Stamp Program in accordance with Pub.L. 110-234, Section 4001.

(41) "Supplemental Security Income" or "SSI" is defined by 7 C.F.R. 271.2.

(42) "Thrifty food plan" is defined by 7 C.F.R. 271.2.

(43) "Trafficking" is defined by 7 C.F.R. 271.2.

History

RELATES TO: 7 C.F.R. 271.2, 273.1, 273.4, 273.5, 273.6, 273.7, 273.11, 273.16, 273.18, 274, 7 U.S.C. 2012u(t), 8 U.S.C. 1101, 38 U.S.C., 42 U.S.C. 301-306, 401-433, 601-679, 1201-1206, 1351-1355, 1381-1385, 1396, 45 U.S.C. 231(a) to (v), Pub.L. 110-234
STATUTORY AUTHORITY: KRS 194A.050(1), 7 C.F.R. 271.4
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 7 C.F.R. 271.4 requires the cabinet to administer the Supplemental Nutrition Assistance Program (SNAP) within the state. This administrative regulation sets forth definitions of terms used in 921 KAR Chapter 3.
History: Recodified from 904 KAR 3:010, 10-30-98; Am. 25 Ky.R. 2212; eff. 5-19-99; 27 Ky.R. 2914; 28 Ky.R. 96; eff. 7-16-2001; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 37 Ky.R. 1912; 2212; eff. 4-1-2011; Crt eff. 11-26-2019; 47 Ky.R. 1497; eff. 6-16-2021.

921 KAR 3:020 Financial requirements {#sec-921-kar-3-020 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:020}

Section 1. Financial Eligibility Requirements.

(1) As established in 7 C.F.R. Part 273, national uniform standards of financial eligibility for SNAP shall be composed of the following criteria:

(a) Income limitations; and

(b) Resource limitations.

(2) The income eligibility standards shall be:

(a) Derived from the federal income poverty guidelines as defined in 42 U.S.C. 9902(2) for the forty-eight (48) contiguous states; and

(b) Adjusted annually each October 1, as published in the Federal Register.

Section 2. Countable Income. All income not excluded by Section 3 of this administrative regulation shall be considered in determining eligibility, including the following:

(1) Wages earned by a household member, including wages received by a striker as established in 921 KAR 3:035, Section 5(10);

(2) The gross income of a self-employment enterprise, including the total gain from the sale of capital goods or equipment related to the business, excluding the cost of doing business;

(3) Training allowance from vocational and rehabilitative programs recognized by federal, state, or local governments, to the extent that the allowances are not reimbursements;

(4) Volunteers in Service to America (VISTA) payments pursuant to 42 U.S.C. 4951 to 4960, unless specifically excluded in accordance with 7 C.F.R. 273.9(c)(10)(iii);

(5) The earned or unearned income of an ineligible household member or nonhousehold member as established in 921 KAR 3:035, Section 5(3) and (4);

(6) Assistance payments from federal or federally-aided public assistance including:

(a) Supplemental security income or "SSI";

(b) Kentucky Transitional Assistance Program or "KTAP" in accordance with 921 KAR 2:016;

(d) Other assistance programs based on need; or

(e) Kinship care in accordance with 922 KAR 1:130;

(7) Annuities;

(8) Pensions;

(9) Retirement, veteran's, or disability benefits;

(10) Worker's or unemployment compensation;

(11) Strike pay;

(12) Old-age survivors or Social Security benefits;

(13) Except as excluded in Section 3(16) of this administrative regulation, foster care payments for a child or adult;

(14) Gross income derived from rental property, minus the cost of doing business. This income shall be considered as earned income if the household member is actively engaged in the management of the property an average of twenty (20) hours or more per week;

(15) Wages earned by a household member that are garnished or diverted by an employer and paid to a third party for a household expense;

(16) Support or alimony payments made directly to the household from a nonhousehold member. This shall include any portion of a payment returned to the household by the cabinet;

(17) Wages received from a TANF funded work program in accordance with 42 U.S.C. 601-619;

(18) A payment from:

(a) A government sponsored program;

(b) A royalty; or

(19) Money withdrawn from a trust fund;

(20) The amount of monthly income deemed to a sponsored immigrant as established in 921 KAR 3:035, Section 5(11);

(21) The portion of means tested assistance monies:

(a) From a:

Federal welfare program;
State welfare program; or
Local welfare program; and

(b) Withheld for the purpose of recouping an overpayment resulting from the household's intentional failure to comply with that program's requirements;

(22) Earnings of an individual who is participating in an on-the-job training program pursuant to 29 U.S.C. 3174 unless the individual is under:

(a) Nineteen (19) years of age; and

(b) The parental control of another adult member; and

(23) An assistance payment for child care or attendant care:

(a) Received from an outside source; and

(b) Paid to one (1) household member:

From another household member; or
On behalf of another household member.

Section 3. Income Exclusions. The following shall not be considered as income:

(1) Money:

(a) Withheld from:

An assistance payment;
Earned income; or
Another income source; and

(b) Voluntarily or involuntarily returned to repay a prior overpayment received from the same income source, except as established in Section 2(21) of this administrative regulation;

(2)

(a) A child support payment if:

Received by a recipient of the KTAP or kinship care program; and
It is transferred to the Child Support Enforcement Program in the Department for Income Support to maintain eligibility in KTAP or kinship care program; and

(b) A portion of child support money returned to the household receiving KTAP or kinship care program benefits by the cabinet shall not be excluded from income;

(3) A gain or benefit that is not in the form of money payable directly to the household;

(4) A monetary payment that is not legally obligated and otherwise payable directly to a household, but is paid to a third party for a household expense;

(5) Income:

(a) Received:

In the certification period; and
Too infrequently or irregularly to be reasonably anticipated; and

(b) Not in excess of thirty (30) dollars per quarter;

(6) Educational income including grants, loans, scholarships, work study income, or other type of financial assistance for education pursuant to KRS 205.200(8), except as defined Section 2(17) of this administrative regulation;

(7) A loan from a:

(a) Private individual; or

(b) Commercial institution;

(8) A reimbursement for a past or future expense, other than normal living expenses;

(9) Money received and used for the care and maintenance of a third-party beneficiary who is not a household member;

(10) The earned income of a child who is:

(a) A member of the household;

(b) An elementary or secondary school student; and

(11) Money received in the form of a nonrecurring lump-sum payment;

(12) The cost of producing self-employment income. If the cost of producing farm self-employment income exceeds the income derived from self-employment farming, the loss shall be offset against any other countable income in the household;

(13) Income specifically excluded by 7 U.S.C. 2014 from consideration as income for the purpose of determining SNAP eligibility;

(14) An energy assistance payment or allowance that is made:

(a) In accordance with any federal law, except 42 U.S.C. 601 to 619, including a utility reimbursement made by:

The Department of Housing and Urban Development; or
Rural Housing Service; or

(b) For the purpose of a one (1) time payment or allowance made as established in a federal or state law for the costs of:

Weatherization;
Emergency repair; or
Replacement of:

a. An unsafe or inoperative furnace; or

b. Other heating or cooling device;

(15) A cash donation based on need received from a nonprofit charitable organization, not to exceed $300 in a federal fiscal year quarter;

(16) A foster care payment for a foster child if the household requests that the child be excluded from the household in determining eligibility;

(17) Dividend income, in accordance with 7 U.S.C. 2014;

(18) Additional wages received by a member of the military while deployed to a designated combat zone, in accordance with 7 U.S.C. 2014;

(19) Veteran's benefits provided to children with identified birth defects born to female Vietnam veterans, in accordance with 38 U.S.C. 1833;

(20) Income from AmeriCorps programs, except for Volunteers in Service to America, as specified in Section 2(4) of this administrative regulation, in accordance with 42 U.S.C. 12501-12604;

(21) Income from a YouthBuild program, unless the income is from on-the-job training, as established in Section 2 of this administrative regulation, in accordance with 29 U.S.C. 3174; and

(22) Income associated with the fulfillment of an approved Plan for Achieving Self-Support (PASS), in accordance with 42 U.S.C. 1382a(b)(4)(B)(iv).

Section 4. Income Eligibility Standards. Participation in SNAP shall be limited to a household whose income falls at or below the applicable standards, as established by the Food and Nutrition Service in 7 C.F.R. Part 273 that are established in this section:

(1) A household that contains a member who is elderly or has a disability as defined in 921 KAR 3:010, Section 1(9) or (11), shall have the member's net income compared to 100 percent of the federal income poverty guidelines.

(2) A household in which a member receives or is authorized to receive cash, in-kind, or other benefits funded under TANF pursuant to 42 U.S.C. 601-619, shall be considered categorically eligible in accordance with 921 KAR 3:030, Section 6(4).

(3) A household in which all members are recipients of SSI shall be considered categorically eligible in accordance with 921 KAR 3:030, Section 6(3).

(4)

(a) Other households shall have a:

Gross income compared to 130 percent of the federal income poverty guidelines; and
Net income compared to 100 percent of the federal income poverty guidelines.

(b) A household's gross income as calculated pursuant to paragraph (a) of this subsection shall be the household's total income:

After excluded income has been disregarded in accordance with Section 3 of this administrative regulation; and
Before any deductions in accordance with Section 5 of this administrative regulation have been made.

Section 5. Income Deductions. The following shall be allowable income deductions:

(1) A monthly standard deduction per household, based on household size, as established in 7 U.S.C. 2014, that shall be periodically adjusted by the Food and Nutrition Service to reflect a change in the cost of living for a prior period of time as determined by the Food and Nutrition Service pursuant to 7 C.F.R. Part 273;

(2) Twenty (20) percent of gross earned income that is reported within ten (10) days of the date that the change of income becomes known to the household;

(3) A payment:

(a) For the actual cost for the care of:

A child; or
Other dependent; and

(b) Necessary for a household member to:

Seek, accept, or continue employment;
Attend training; or
Pursue education preparatory to employment;

(4) A homeless standard allowance of a shelter expense for a household in which all members are homeless and are not receiving free shelter throughout the calendar month, unless that household verifies higher expenses;

(5) A monthly standard medical deduction or verified actual medical expense incurred by a household member who meets the definition of being elderly or having a disability, as defined in 921 KAR 3:010, Section 1(9) or (11), and who submits verification of medical expense in excess of thirty-five (35) dollars per month:

(a) Including:

Medical and dental care;
Hospitalization or outpatient treatment and nursing care;
Medication and medical supplies;
A health insurance premium;
A hospitalization insurance premium;
Dentures, a hearing aid, eyeglasses, prosthetics; or
Similar medical expense; and

(b) Excluding special diet cost;

(6) Actual child support payment made by a household member shall be allowed as a deduction if:

(a) The household member is legally obligated to pay child support; and

(b) Verification is provided showing a payment is currently being made.

Section 6. Monthly Shelter Cost Deduction.

(1) The monthly shelter cost deduction shall be that amount in excess of fifty (50) percent of the household's income after allowable deductions have been made.

(2) The shelter deduction shall not exceed the current shelter maximum, except that a household shall not be subject to the maximum if a member is:

(a) Elderly; or

(b) Disabled.

(3) The excess shelter maximum shall be adjusted periodically by the Food and Nutrition Service to reflect change in the cost of living.

(4) Allowable monthly shelter expense shall include the following:

(a) Continuing charge for the shelter occupied by the household including:

Rent;
Mortgage;
Payment on mobile home loan;
Condominium and association fees;
Interest on a payment; and
Similar charge leading to ownership of the shelter;

(b) Property tax;

(d) Insurance on the structure itself;

(e) The cost of:

Heating and cooking fuel;
Cooling;
Electricity;
Water and sewage;
Garbage and trash collection fee;
Telephone standard deduction; and
A fee charged by a utility provider for the initial installation of the utility;

(f) The shelter cost for the home if:

Temporarily unoccupied by the household because of:

a. Employment or training away from home;

b. Illness; or

c. Abandonment caused by a natural disaster or casualty loss;

The current occupant is not claiming shelter cost for food stamp purposes; and
The home is not leased or rented during the absence of the household; and

(g) A charge for the repair of the home if substantially damaged or destroyed by fire, flood, or other natural disaster, except to the extent the cost is reimbursed by:

A private or public relief agency;
Insurance; or
A similar source.

(5) The standard utility allowance shall be used to calculate shelter cost for a household:

(a) Receiving Low Income Home Energy Assistance Program benefits; or

(b) Incurring cost, separate from its rent or mortgage payment, for:

Heating; or
Cooling (by air conditioning unit only).

(6) The standard utility allowance shall be adjusted periodically.

(7) If the household is not entitled to the utility standard or homeless standard allowance, it shall be given the basic utility allowance in accordance with 7 U.S.C. 2014, if the household is billed for two (2) of the following:

(a) Electricity (nonheating and noncooling);

(b) Water or sewage;

(d) Cooking fuel; or

(e) Telephone service.

(8) The basic utility allowance shall be adjusted annually.

(9) A household whose only expense is for telephone service shall be given a telephone standard.

(10) A household not entitled to a standard specified in subsection (7) or (9) of this section may use actual utility expense to calculate shelter deduction.

Section 7. Resources.

(1) Uniform national resource standards of eligibility shall be utilized pursuant to 7 C.F.R. 273.8.

(2) Eligibility shall be denied or terminated if the total value of a household's liquid and nonliquid resources, not exempt pursuant to Section 8 of this administrative regulation, exceed:

(a) $3,500 for a household member:

With a disability as defined in 921 KAR 3:010, Section 1(9); or
Sixty (60) years or older; or

(b) $2,250 for any other household.

(3) Eligibility shall be denied or terminated for a household receiving one-time lottery or gambling winnings of $3,500 or more.

(4) A household that is categorically eligible in accordance with 921 KAR 3:030, Section 6, shall meet the SNAP resource requirement.

Section 8. Exempt Resources. The following resources shall not be considered in determining eligibility:

(1) All real estate, in accordance with 7 U.S.C. 2014;

(2) Household goods;

(3) Personal effects;

(4) A burial plot;

(5) The cash value of life insurance policies;

(6) In accordance with 7 U.S.C. 2014:

(a) A tax-preferred retirement account;

(b) A prepaid burial account;

(d) A recreational vehicle;

(e) A resource deemed to an alien from a sponsor or spouse of a sponsor;

(f) Principal and accrued interest of an irrevocable trust during a period of unavailability;

(g) A tax-preferred educational account; and

(h) Another resource that is excluded for SNAP purposes;

(7) A governmental payment that is designated for the restoration of a home damaged in a disaster, if the household is subject to legal sanction and if funds are not used as intended;

(8) A resource, of which the cash value is not accessible to the household;

(9) A resource that has been prorated as income;

(10) Income that is withheld by the employer to pay a certain expense directly to a third party as a vendor payment, to the extent that the remainder of the withheld income is not accessible to the household at the end of the year; and

(11) The earned income tax credit income received by a member of the household for a period of twelve (12) months from receipt if the member was participating in SNAP:

(a) At the time the credit was received; and

(b) Continuously during the twelve (12) month period of exclusion.

Section 9. Transfer of Resources. A household that has transferred a resource knowingly for the purpose of qualifying or attempting to qualify for SNAP shall be disqualified from participation in the program for up to one (1) year from the date of the discovery of the transfer.

Section 10. Failure to Comply with Other Programs.

(1) Except as provided in subsection (2) of this section, if the benefits of a household are reduced under a federal, state, or local law relating to a means-tested public assistance program for the failure of a member of the household to perform an action required under the law or program, for the duration of the reduction, the SNAP allotment of the household shall be reduced by twenty-five (25) percent.

(2) If the benefits of a household are reduced as defined in a federal, state, or local law relating to a means-tested public assistance program for the failure of a household member to perform a work requirement, the individual shall be subject to the disqualification procedures established in 921 KAR 3:027, Section 6 or 7.

History

RELATES TO: KRS 205.200(8), 7 C.F.R. Part 273, 7 U.S.C. 2014, 29 U.S.C. 3174, 38 U.S.C. 1833, 42 U.S.C. 601-619, 1382a(b)(4)(B)(iv), 4951-4960, 9902(2), 12501-12604
STATUTORY AUTHORITY: KRS 194A.010(2), 194A.050(1), 205.1783(1), 7 C.F.R. 271.4, 7 U.S.C. 2011-2029
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.010(2) requires the Cabinet for Health and Family Services to administer income-supplement programs that protect, develop, preserve, and maintain families and children in the commonwealth. KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.1783(1)(f) requires the cabinet to promulgate administrative regulations necessary to administer a standard medical deduction required by KRS 205.1783(1)(b)2. 7 U.S.C. 2011 to 2029 and 7 C.F.R. 271.4 authorize the cabinet to administer a Supplemental Nutrition Assistance Program (SNAP) within the state and prescribe the manner in which the program shall be implemented. This administrative regulation establishes the financial eligibility requirements used by the cabinet in the administration of SNAP. In addition, 7 U.S.C. 2014 allows states to exclude additional types of income and resources if these specific types of income and resources are not counted in the state's Temporary Assistance for Needy Families (TANF) or Medicaid programs.
History: 3 Ky.R. 677; eff. 5-4-1977; Am. 6 Ky.R. 156; eff. 10-3-1979; 7 Ky.R. 692; eff. 4-1-1981; 8 Ky.R. 80; eff. 9-2-1981; 537; eff. 2-1-1982; 9 Ky.R. 277; eff. 9-8-1982; 1063; eff. 4-6-1983; 1253; eff. 6-1-1983; 10 Ky.R. 360; eff. 10-5-1983; 846; eff. 1-4-1984; 11 Ky.R. 87; eff. 8-7-1984; 1337; eff. 4-9-1985; 12 Ky.R. 1946; eff. 7-2-1986; 13 Ky.R. 983; eff. 12-2-1986; 1494; eff. 3-6-1987; 1954; eff. 6-9-1987; 14 Ky.R. 652; eff. 11-6-1987; 15 Ky.R. 1705; eff. 3-15-1989; 16 Ky.R. 1507; 1948; eff. 3-8-1990; 2788; eff. 7-18-1990; 18 Ky.R. 202; eff. 8-21-1991; 19 Ky.R. 311; eff. 8-28-1992; 21 Ky.R. 643; eff. 9-21-1994; 22 Ky.R. 395; eff. 9-20-1995; 1901; eff. 6-6-1996; 24 Ky.R. 209; 594; eff. 8-20-1997; Recodified from 904 KAR 3:020, 10-30-1998; 26 Ky.R. 2062; 27 Ky.R. 143; eff. 7-17-2000; 28 Ky.R. 1251; 1663; eff. 1-14-2002; 29 Ky.R. 2181; 2479; eff. 4-11-2003; TAm eff. 10-27-2004; 32 Ky.R. 164; eff. 11-16-2005; TAm eff. 1-27-2006; 35 Ky.R. 1350; 1814; eff. 2-6-2009; 47 Ky.R. 1706; eff. 2-11-2021; 47 Ky.R. 1142, 1593; eff. 2-11-2021; TAm eff. 6-24-2021; 50 Ky.R. 226; eff. 10-25-2023.

921 KAR 3:027 Technical requirements {#sec-921-kar-3-027 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:027}

Section 1. Definitions.

(1) "Exempt" means excused by the department from participation in the Supplemental Nutrition Assistance Program Employment and Training Program (E&T).

(2) "Qualified immigrant" has the same meaning as "qualified alien", as defined by 7 C.F.R. 273.4.

(3) "Student" means a person who is between the ages of eighteen (18) and forty-nine (49), physically and mentally fit, and enrolled at least half-time in an institution of higher education.

Section 2. Technical Eligibility. In accordance with 7 C.F.R. Parts 271 through 285 promulgated by the Food and Nutrition Service (FNS), of the United States Department of Agriculture, the cabinet shall utilize national uniform requirements of technical eligibility for SNAP.

Section 3. Technical Eligibility Criteria. Technical eligibility requirements shall apply to all households and consist of the criteria established in this section.

(1) Residency. A household:

(a) Shall reside in the county in which the household receives benefits; and

(b) May apply for benefits in any county. Benefit application shall be in accordance with 921 KAR 3:030, Section 3.

(2) Identity.

(a) The applicant's identity shall be verified; and

(b) If an authorized representative applies for the household, the applicant's and the authorized representative's identities shall be verified.

(3) Citizenship and immigration status.

(a) An individual shall satisfy the citizenship and immigration status requirement if the individual is a:

Citizen of the United States;
U.S. noncitizen national; or
Qualified immigrant who is lawfully residing in Kentucky.

(b) Except as established in paragraph (c) of this subsection, an individual whose status is questionable shall be ineligible to participate until verified.

(c) An individual whose status is pending verification from a federal agency shall be eligible to participate for up to six (6) months from the date of the original request for verification.

(d) A single household member shall attest in writing to the citizenship or immigration status requirements as established in 921 KAR 3:030 for each household member.

(4) Household size. If information is obtained by the Department for Community Based Services (DCBS) that household size differs from the household's stated size, the size of household shall be verified through readily available documentary evidence or through a collateral contact.

(5) Students. A student shall be ineligible to participate unless the student is:

(a)

Engaged in paid employment for an average of twenty (20) hours per week; or
If self-employed, employed for an average of twenty (20) hours per week and receiving weekly earnings at least equal to the federal minimum wage multiplied by twenty (20) hours;

(b) Participating in a state or federally financed work study program during the regular school year;

(d) Responsible for the care of a dependent household member who has reached the age of six (6), but is under age twelve (12) and for whom the cabinet has determined that adequate child care is not available to enable the individual to attend class and to satisfy the work requirements of paragraphs (a) or (b) of this subsection;

(e) Receiving benefits from the Kentucky Transitional Assistance Program (KTAP);

(f) Assigned to or placed in an institution of higher learning through a program pursuant to:

7 C.F.R. 273.5(a);
45 C.F.R. 261.2; or
19 U.S.C. 2296;

(g) Enrolled in an institution of higher learning as a result of participation in a work incentive program pursuant to 42 U.S.C. 681;

(h) Enrolled in an institution of higher learning as a result of participation in E&T in accordance with 921 KAR 3:042;

(i) A single parent with responsibility for the care of a dependent household member under age twelve (12); or

(j) Enrolled at least half-time in an institution of higher education and:

Eligible to participate in a state or federally financed work study program during the regular school year; or
Has an expected family contribution of $0 in the current academic year pursuant to 20 U.S.C. 28 Part F.

(6) Social Security number (SSN).

(a) Households applying for or participating in SNAP shall comply with SSN requirements by providing the SSN of each household member or applying for a number prior to certification.

(b) Failure to comply without good cause shall be determined for each household member and shall result in an individual's disqualification from participation in SNAP until this requirement is met.

(7) Work registration. All household members, unless exempt, shall be required to comply with the work registration requirements established in Section 4 of this administrative regulation.

(8) Work requirement.

(a) Except for individuals who may be eligible for up to three (3) additional months in accordance with paragraph (e) of this subsection, an individual shall not be eligible to participate in SNAP as a member of a household if the individual received SNAP for more than three (3) countable months during any three (3) year period, during which the individual did not:

Work eighty (80) hours or more per month;
Participate in and comply with the requirements of the E&T component pursuant to 7 U.S.C. 2015(d) for twenty (20) hours or more per week;
Participate in and comply with the requirements of a program pursuant to:

a. 7 C.F.R. 273.5(a); or

b. 19 U.S.C. 2296;

Participate in and comply with the requirements established in 921 KAR 3:042; or
Receive SNAP benefits pursuant to paragraph (b), (c), or (d) of this subsection.

(b) Paragraph (a) of this subsection shall not apply to an individual if the individual is:

Within the age ranges established in 7 U.S.C. 2015(o)(3)(A);
Physically or mentally unfit for employment as determined by the cabinet, pursuant to 7 C.F.R. 273.7(b)(1)(ii);
A parent or other adult member of a household containing a dependent child under the age of eighteen (18);
Exempt from work registration pursuant to Section 4(4) of this administrative regulation;
Pregnant;
A homeless individual;
A veteran; or
An individual who is twenty-four (24) years of age or younger and was in foster care on the date of attaining eighteen (18) years of age.

(c) Paragraph (a) of this subsection shall not apply if, pursuant to an approved waiver by FNS, the county or area in which the individual resides:

Has an unemployment rate of over ten (10) percent; or
Does not have a sufficient number of jobs to provide employment.

(d) Subsequent eligibility.

An individual denied eligibility pursuant to paragraph (a) of this subsection shall regain eligibility to participate in SNAP if, during a thirty (30) day period, the individual meets one (1) of the conditions of paragraph (a)1. through 4. of this subsection, or the individual was not meeting the work requirements in accordance with paragraph (b) of this subsection.
An individual who regains eligibility pursuant to subparagraph 1. of this paragraph shall remain eligible as long as the individual meets the requirements of subparagraph 1. of this paragraph.

(e) Loss of employment or training.

An individual who regains eligibility pursuant to paragraph (d)1. of this subsection and who no longer meets the requirements of paragraph (a)1. through 4. of this subsection shall remain eligible for a consecutive three (3) month period, beginning on the date the individual first notifies the cabinet that the individual no longer meets the requirements of paragraph (a)1. through 4. of this subsection.
An individual shall not receive benefits pursuant to subparagraph 1. of this paragraph for more than a single three (3) month period in any three (3) year period.

(f) If the individual does not meet all other technical and financial eligibility criteria pursuant to 7 U.S.C. 2011, nothing in this section shall make an individual eligible for SNAP benefits.

(9) Quality control. Refusal to cooperate in completing a quality control review shall result in termination of the participating household's benefits.

(10) Drug felons. An individual convicted under federal or state law of an offense classified as a felony by the law of the jurisdiction involved and that has an element of possession, use, or distribution of a controlled substance as defined in 21 U.S.C. 862(a), may remain eligible for SNAP benefits if the individual meets the requirements established in KRS 205.2005.

(11) Child support arrears.

(a) In accordance with 7 C.F.R. 273.11(q) to disqualify a noncustodial parent for refusing to cooperate, a noncustodial parent of a child under the age of eighteen (18) shall not be eligible to participate in SNAP if the individual is delinquent in payment of court-ordered support as determined by the Department for Income Support, Child Support Enforcement, unless the individual:

Is enrolled in a drug treatment program;
Is participating in a state or federally funded employment training program;
Meets good cause for nonpayment. Good cause shall include temporary situations resulting from illness, job change, or pendency of unemployment benefits;
Is a member of a household containing a child under the age of eighteen (18);
Is a member of a household containing an individual who is pregnant or three (3) months post-partum; or
Is:

a. Within twelve (12) months of incarceration for a period of at least thirty (30) days; and

b. Cooperating with the Department for Income Support, Child Support Enforcement.

(b) The disqualification of an individual in accordance with paragraph (a) of this subsection shall be in place as long as the individual remains delinquent as determined by Department for Income Support, Child Support Enforcement.

(c) The income, expenses, and resources of an individual disqualified in accordance with paragraph (a) of this subsection shall be processed in accordance with 921 KAR 3:035, Section 5(4).

Section 4. Work Registration.

(1) Unless a household member is exempt from work requirements as established in subsection (4) of this section, a household member shall register for work:

(a) At the time of initial application for SNAP; and

(b) Every twelve (12) months following the initial application.

(2) Work registration shall be completed by the:

(a) Member required to register; or

(b) Person making application for the household.

(3) Unless otherwise exempt, a household member excluded from the SNAP case shall register for work during periods of disqualification. An excluded person shall be an:

(a) Ineligible immigrant; or

(b) Individual disqualified for:

Refusing to provide or apply for a Social Security number; or
An intentional program violation.

(4) An individual meeting the criteria of 7 C.F.R. 273.7(b)(1) shall be exempt from work registration requirements.

(5) A household member who loses exemption status due to a change in circumstances shall register for work in accordance with 7 C.F.R. 273.7(b)(2).

(6) After registering for work, a nonexempt household member shall:

(a) Respond to a cabinet request for additional information regarding employment status or availability for work;

(b) In accordance with 7 C.F.R. 273.7(a)(1)(vi), accept a bona fide offer of suitable employment pursuant to 7 C.F.R. 273.7(h), at a wage not lower than the state or federal minimum wage; or

(7) A household member making a joint application for SSI and SNAP in accordance with 921 KAR 3:035 shall have work requirements waived in accordance with 7 C.F.R. 273.7(a)(6).

(8) The cabinet's E&T worker shall explain to the SNAP applicant the:

(a) Work requirements for each nonexempt household member;

(b) Rights and responsibilities of the work-registered household members; and

Section 5. Determining Good Cause.

(1) A determination of good cause shall be undertaken if a:

(a) Work registrant has failed to comply with work registration requirements as established in Section 4 of this administrative regulation; or

(b) Household member has, pursuant to Section 7 of this administrative regulation, voluntarily:

Quit a job; or
Reduced the household member's work effort.

(2) In accordance with 7 C.F.R. 273.7(i)(2), good cause shall be granted for circumstances beyond the control of the individual, such as:

(a) Illness of the individual;

(b) Illness of another household member requiring the presence of the individual;

(d) Unavailability of transportation; or

(e) Lack of adequate care for a child who is six (6) to twelve (12) years of age for whom the individual is responsible.

(3) Good cause for leaving employment shall be granted if:

(a) A circumstance established in subsection (2) of this section exists;

(b) The employment became unsuitable in accordance with 7 C.F.R. 273.7(h); or

Section 6. Disqualification.

(1) A participant shall be disqualified from the receipt of SNAP benefits if the participant:

(a) Fails to comply with the work registration requirements; or

(b) Is determined to have voluntarily, without good cause, quit a job or reduced the work effort as established in Section 5 of this administrative regulation.

(2) An individual disqualified from participation in SNAP shall be ineligible to receive SNAP benefits until the latter of the:

(a) Date the individual complies; or

(b) Lapse of the following time periods:

Two (2) months for the first violation;
Four (4) months for the second violation; or
Six (6) months for the third or a subsequent violation.

(3) Ineligibility shall continue until the ineligible member:

(a) Becomes exempt from the work registration; or

(b)

Serves the disqualification period established in subsection (2)(b) of this section; and
Complies with the work registration requirements.

(4) A disqualified household member who joins a new household shall:

(a) Remain ineligible for the remainder of the disqualification period established in subsection (2)(b) of this section;

(b) Have income and resources counted with the income and resources of the new household; and

Section 7. Disqualification for Voluntary Quit or Reduction in Work Effort.

(1) Within thirty (30) days prior to application for SNAP or any time after application, an individual shall not be eligible to participate in SNAP if the individual voluntarily, without good cause:

(a) Quits a job:

Of thirty (30) hours or more per week; and
With weekly earnings at least equal to the federal minimum wage times thirty (30) hours; or

(b) Reduces the individual's work effort:

To less than thirty (30) hours per week; and
So that after the reduction, weekly earnings are less than the federal minimum wage times thirty (30) hours.

(2) The cabinet shall impose a disqualification period established in Section 6(2)(b) of this administrative regulation on an individual meeting subsection (1)(a) or (1)(b) of this section.

Section 8. Curing Disqualification for Voluntary Quit or Reduction in Work Effort.

(1) Eligibility and participation may be reestablished by:

(a) Securing new employment with salary or hours comparable to the job quit;

(b) Increasing the number of hours worked to the amount worked prior to the work effort reduction and disqualification; or

(c) Serving the minimum period of disqualification imposed pursuant to Section 6(2)(b) of this administrative regulation.

(2) If the individual applies again and is determined to be eligible, an individual may reestablish participation in SNAP.

(3) If an individual becomes exempt from work registration, the disqualification period shall end, and the individual shall be eligible to apply to participate in SNAP.

Section 9. Hearing Process. If aggrieved by a cabinet action or inaction that affects participation, a SNAP participant may request a hearing in accordance with 921 KAR 3:070.

History

RELATES TO: KRS 205.2005, 7 C.F.R. Parts 271-285, 273.4, 273.5, 273.7, 273.11, 45 C.F.R. 261.2, 7 U.S.C. 2011, 2014, 2015(d), 2015(o)(3)(A), 19 U.S.C. 2296, 20 U.S.C. 28 Subchapter III Part F, 21 U.S.C. 862a(a), (d)(1), 42 U.S.C. 681, Pub.L. 116-260 Section 702, Pub.L. 118-5 Section 311
STATUTORY AUTHORITY: KRS 194A.050(1), 7 C.F.R. 271.4, Parts 272, 273
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 7 C.F.R. 271.4 requires the cabinet to administer a Supplemental Nutrition Assistance Program (SNAP) within the state. 7 C.F.R. Parts 272 and 273 establish requirements for the cabinet to participate in the SNAP. 7 U.S.C. 2014 establishes that an otherwise-qualified immigrant who is blind or receiving a disability benefit, who has lived in the United States for at least five (5) years, or who is under eighteen (18) years of age shall be eligible to participate in SNAP regardless of the date he or she entered the United States. This administrative regulation establishes the technical eligibility requirements used by the cabinet in the administration of SNAP. Section 702 of Pub.L. 116-260, the Consolidated Appropriations Act of 2021, authorized temporarily expanded eligibility for qualifying students. Section 311 of Pub.L. 118-5, the Fiscal Responsibility Act of 2023, authorized modification of time limits of work requirement exemptions applicable to individuals of specific ages, homeless individuals, veterans, and former foster youth.
History: 48 Ky.R. 236; eff. 10-20-2021; 50 Ky.R. 1202; eff. 2-20-2024.

921 KAR 3:030 Application process {#sec-921-kar-3-030 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:030}

Section 1. Right to Apply or Reapply.

(1) An individual shall have the right to apply or reapply for SNAP benefits on the same day that the household first contacts the Department for Community Based Services (DCBS) office during office hours.

(2) The cabinet shall make the application process readily accessible to a household.

(3) In accordance with the procedures established in 920 KAR 1:070, interpreter services shall be provided for a person who is:

(a) Deaf; or

(b) Hard of hearing.

(4) In accordance with 42 U.S.C. 2000d, interpreter services shall be provided for a person who is Limited English Proficient.

(5) An application shall be considered filed if:

(a) A FS-1, Application for SNAP, containing the name, address, and signature of the applicant is received by a DCBS office; or

(b) Application for benefits and another public assistance program is made in accordance with 921 KAR 2:040 and Section 6 of this administrative regulation.

(6) An application shall be processed after the:

(a) Applicant or representative is interviewed;

(b) Required information and verification for the application is provided to the DCBS office; and

(c) Application and all related documents are received by the DCBS office, in accordance with Section 3(1) of this administrative regulation.

Section 2. Who May Sign an Application. An application for SNAP shall be signed by:

(1) An adult or emancipated child who is a responsible member of the household; or

(2) The household's authorized representative.

Section 3. Where an Application is Filed.

(1) Except as provided in subsection (2) of this section, an application shall be filed in any DCBS office or online at benefind.ky.gov.

(2) A concurrent application for Supplemental Security Income (SSI) and SNAP shall be filed in the service area office of the Social Security Administration.

Section 4. Prompt Action on an Application. The cabinet shall provide an eligible household that completes the initial SNAP application process an opportunity to participate as soon as possible. The cabinet shall not provide an opportunity to participate later than:

(1) Thirty (30) days after the application is filed for a household ineligible for expedited services; or

(2) The fifth calendar day following the date an application is filed for a household eligible for expedited services.

Section 5. Expedited Service. The cabinet shall provide expedited services to a household that is eligible in accordance with 7 C.F.R. 273.2(i).

Section 6. Public Assistance Application Process.

(1) A household applying for Kentucky Transitional Assistance Program (KTAP) shall be allowed to simultaneously apply for SNAP benefits. A single interview shall be conducted for both programs.

(2) Time standards established in Section 4 of this administrative regulation shall not apply to a public assistance application. A public assistance application shall be governed by the time standards established in 921 KAR 2:035, Section 3.

(3) A household in which every member receives, or is authorized to receive, SSI shall be considered categorically eligible unless:

(a) The entire household is institutionalized;

(b) A household member is disqualified due to an intentional program violation, defined in 921 KAR 3:010;

(c) The head of the household is disqualified for failure to comply with the work requirements established in 921 KAR 3:027; or

(d) The entire household is disqualified due to lottery or gambling winnings pursuant to 921 KAR 3:020, Section 7.

(4) A household in which any member receives, or is authorized to receive cash, in-kind, or other benefits funded under the Temporary Assistance for Needy Families (TANF) Block Grant shall be considered categorically eligible unless:

(a) The entire household is institutionalized;

(b) A household member is disqualified due to an intentional program violation, defined in 921 KAR 3:010;

(c) The head of household is disqualified for failure to comply with the work requirements established in 921 KAR 3:027; or

(d) The entire household is disqualified due to lottery or gambling winnings pursuant to 921 KAR 3:020, Section 7.

(5) If verified by the program, a categorically eligible household shall not be required to verify the following eligibility factors:

(a) Resources;

(b) Gross and net income;

(d) Sponsored immigrant information; and

(e) Residency.

(6) A household that receives a TANF information sheet at application, which makes the household aware of other programs for which the household may qualify, shall be considered expanded categorically eligible.

(7) If verified by the program, an expanded categorically eligible household shall not be required to verify the following factors:

(a) Resources;

(b) Social Security number;

(d) Residency.

Section 7. Joint SSI and SNAP Application Process. A household in which every member is an applicant or recipient of SSI shall be allowed to simultaneously apply for both SSI and SNAP in accordance with Section 3(2) of this administrative regulation.

Section 8. Voter Registration.

(1) In accordance with KRS 116.048 and 52 U.S.C. 20506, a SNAP applicant or recipient shall be provided the opportunity to complete an application to register to vote or update current voter registration if the applicant or recipient is:

(a) Age eighteen (18) or over; and

(b) Not registered to vote or not registered to vote at his or her current address.

(2) PAFS-706, Voter Registration Rights and Declination, shall be utilized to document a SNAP applicant or recipient's choice to:

(a) Register to vote;

(b) Not register to vote; or

(3) A voter registration application shall be completed if a SNAP applicant or recipient wants to:

(a) Register to vote; or

(b) Update voter registration to provide a new address.

(4) The voter registration process shall not apply to an individual not included in the assistance application, such as an authorized representative.

(5) All information utilized in the voter registration process shall remain confidential and be used only for voter registration purposes.

(6) The State Board of Elections shall approve the application to register to vote and send a confirmation or denial notice to the voter registration applicant.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "FS-1, Application for SNAP", 8/24; and

(b) "PAFS-706, Voter Registration Rights and Declination", 1/21.

History

RELATES TO: KRS 116.048, 7 C.F.R. 273.2, 7 U.S.C. 2020(e)(2)(B), 42 U.S.C. 2000d, 52 U.S.C. 20506
STATUTORY AUTHORITY: KRS 194A.010(2), 194A.050(1), 7 C.F.R. 271.4, 7 C.F.R. 273.2(i), 7 U.S.C. 2011-2029
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.010(2) requires the Cabinet for Health and Family Services to administer income-supplement programs that protect, develop, preserve, and maintain families and children in the Commonwealth. KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 7 U.S.C. 2011 to 2029 and 7 C.F.R. 271.4 authorize the cabinet to administer a Supplemental Nutrition Assistance Program (SNAP) and prescribe the manner in which the program shall be implemented. 7 U.S.C. 2020(e)(2)(B) requires the cabinet to develop a uniform application process. KRS 116.048(1) designates the cabinet as a voter registration agency in accordance with 52 U.S.C. 20506. This administrative regulation establishes the application and the voter registration processes used by the cabinet in the administration of the SNAP.
History: 3 Ky.R. 679; eff. 5-4-1977; 6 Ky.R. 158; eff. 10-3-1979; 8 Ky.R. 539; eff. 2-1-1982; 9 Ky.R. 1066; eff. 4-6-1983; 14 Ky.R. 1538; 1846; eff. 3-10-1988; 18 Ky.R. 891; eff. 10-16-1991; 20 Ky.R. 2256; eff. 3-14-1994; 21 Ky.R. 2822; eff. 6-21-1995; Recodified from 904 KAR 3:030, 10-30-1998; 25 Ky.R. 2684; eff. 8-18-1999; 26 Ky.R. 2066; eff. 7-17-2000; 27 Ky.R. 2918; 28 Ky.R. 100; eff. 7-16-2001; 2277; 2593; eff. 6-14-2002; 29 Ky.R. 2185; 2482; eff. 4-11-2003; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 34 Ky.R. 2623; 35 Ky.R. 290; eff. 9-5-2008; 37 Ky.R. 868; eff. 11-17-2010; 38 Ky.R. 1066; eff. 1-18-2012; 39 Ky.R. 1329; eff. 3-8-2013; 40 Ky.R. 2912; eff. 9-5-2014; 41 Ky.R. 1719; eff. 4-3-2015; 43 Ky.R. 817, 1182; eff. 2-3-2017; 45 Ky.R. 200, 664; eff. 9-19-2018; 47 Ky.R. 1142; 1593; eff. 2-11-2021; TAm eff. 6-24-2021; 51 Ky.R. 588; eff. 2-13-2025.

921 KAR 3:035 Certification process {#sec-921-kar-3-035 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:035}

Section 1. Eligibility and Benefit Levels.

(1) Eligibility and benefit levels shall be determined by the cabinet by considering a household's circumstance for the entire period for which each household is certified.

(2) Certification criteria shall be applicable to all households.

(3) Certain households shall require special or additional certification procedures as established in Section 5 of this administrative regulation.

Section 2. Certification Periods.

(1) In accordance with 7 C.F.R. 273.10(f), the cabinet shall establish a definite period of time within which a household shall be eligible to receive benefits.

(2) Except as provided in subsection (3) of this section, a household shall be certified for:

(a) Four (4) months if the household contains an able-bodied adult without dependent (ABAWD) in accordance with 7 U.S.C. 2015(d);

(b) Twelve (12) months if the household includes a member who is not ABAWD or elderly or disabled with no earned income; or

Are elderly or have a disability as defined in 921 KAR 3:010; and
Have no earned income.

(3)

(a) A household shall be certified for one (1) or two (2) months if the household meets criteria to:

Expedite benefits in accordance with 7 C.F.R. 273.2(i)(1); and
Postpone verification.

(b) At the end of a one (1) or two (2) month certification, a household may be recertified for a four (4), twelve (12), or twenty-four (24) month certification as established in subsection (2) of this section.

(4)

(a) In accordance with 7 C.F.R. 273.12, a household certified for twelve (12) or twenty-four (24) months in accordance with subsection (2)(b) or (c) of this section shall complete an interim report using the FS-2, MID REVIEW NOTICE, during the sixth month or twelfth month of the household's certification period, respectively.

(b) If a household fails to return a completed FS-2 or the required verification, the cabinet shall take action in accordance with 7 C.F.R. 273.12(a)(5).

Section 3. Certification Notices to Households. In accordance with 7 C.F.R. 273.10(g), the cabinet shall provide an applicant with one (1) of the following written notices as soon as a determination is made, but no later than thirty (30) days after the date of the initial application:

(1) Notice of eligibility;

(2) Notice of denial; or

(3) Notice of pending status.

Section 4. Application for Recertification. The cabinet shall process an application for recertification as established in 921 KAR 3:030, Section 1, as follows:

(1) If a household files the application:

(a) By the 15th day of the last month of the certification, the cabinet shall:

Allow the household to return verification or complete a required action through the last calendar day of the application month; and
Provide uninterrupted benefits, if the household is otherwise eligible; or

(b) After the 15th day, but prior to the last day of the last month of the certification, the cabinet shall allow the house-hold thirty (30) days to return verification or complete a required action; or

(2) If the household fails to provide information required for the cabinet to process the application for recertification within a time period established in subsection (1) of this section, the cabinet shall take action in accordance with 7 C.F.R. 273.14(e)(2).

Section 5. Certification Process for Specific Households. Pursuant to 7 C.F.R. 273.11, certain households have circumstances that are substantially different from other households and therefore shall require special or additional certification procedures.

(1) A household with a self-employed member shall have its case processed as established in this subsection.

(a) Income shall be annualized over a twelve (12) month period, if self-employment income:

Represents a household's annual income; or
Is received on a monthly basis that represents a household's annual support.

(b) Self-employment income, which is intended to meet the household's needs for only part of the year, shall be averaged over the period of time the income is intended to cover.

(c) Income from a household's self-employment enterprise that has been in existence for less than one (1) year shall be averaged over the period of time the business has been in operation and a monthly amount projected over the coming year.

(d) The cabinet shall calculate the self-employment income on anticipated earnings if the:

Averaged annualized amount does not accurately reflect the household's actual circumstances; and
Household has experienced a substantial increase or decrease in business.

(2) A household with a boarder shall have its case processed as established in this subsection.

(a) Income from the boarder shall:

Be treated as self-employment income; and
Include all direct payments to the household for:

a. Room;

b. Meals; and

c. Shelter expenses.

(b) Deductible expenses shall include:

Cost of doing business;
Twenty (20) percent of the earned income; and
Shelter costs.

(3) A household with a member ineligible due to an intentional program violation, or failure to comply with the work requirements or work registration requirements, shall be processed as established in this subsection.

(a) Income and resources of the ineligible member shall be counted in their entirety as income available to the remaining household members.

(b) Remaining household members shall receive standard earned income, medical, dependent care, and excess shelter deductions.

Assigning benefit levels;
Comparing monthly income with income eligibility standards; and
Comparing household resources with resource eligibility standards.

(4) A household with a member ineligible due to failure to provide a Social Security number, delinquency in payment of court-ordered child support through the Department of Income Support, Child Support Enforcement Program in accordance with 921 KAR 3:027, Section 3(11), or ineligible immigrant status shall be processed as established in this subsection.

(a) All resources of an ineligible member shall be considered available to the remaining household members.

(b) A pro rata share, as established in 7 C.F.R. 273.11(c)(2)(ii), of the ineligible member's income shall be attributed to remaining household members.

(d) The ineligible member's share of dependent care and shelter expenses shall not be counted.

(e) The ineligible member shall not be included as established in subsection (3)(c) of this section.

(5) A household with a nonhousehold member shall be processed as established in this subsection.

(a) With the exception of an ineligible member, the income and resources of a nonhousehold member shall not be considered available to the household with whom they reside.

(b) If the earned income of a household member and a nonhousehold member are combined into one (1) wage, the cabinet shall:

Count that portion due to the household as earned income, if identifiable; or
Count a pro rata share of earned income, if the nonhousehold member's share cannot be identified.

(c) A nonhousehold member shall not be included in the household size, if determining the eligibility and benefits for the household.

(6) The cabinet shall process the case of a drug or alcoholic treatment program resident, as established in 7 C.F.R. 271.2, as established in this subsection.

(a) An eligible household shall include:

a. A narcotic addict; or

b. An alcoholic; and

A child of the narcotic addict or alcoholic.

(b) Certification shall be accomplished through use of the treatment program's authorized representative.

(d) A treatment program shall notify the cabinet of a change in a resident's circumstance.

(e) Upon departure of the treatment program, the resident shall be eligible to receive remaining benefits, if otherwise eligible.

(f) The treatment program shall be responsible for knowingly misrepresenting a household circumstance.

(7) The case processing procedures established in this subsection shall apply to residents of a group living arrangement, as defined in 7 C.F.R. 271.2.

(a) Application shall be made by a resident or through use of the group living arrangement's authorized representative.

(b) Certification provisions applicable to all other households shall be applied.

If a resident applies, the household shall report a change in household circumstance to the cabinet; or
If the group living arrangement acts as authorized representative, the group living arrangement shall report a change in household circumstance.

(d) Eligibility of the resident shall continue after departure from the group living arrangement, if otherwise eligible.

(e) Unless the household applied on its own behalf, the group living arrangement shall be responsible for knowingly misrepresenting a household circumstance.

(8) A case of a resident in a shelter for battered women and children shall be processed as established in this subsection.

(a) The shelter shall:

Have FNS authorization to redeem SNAP benefits at wholesalers; or
Meet the federal definition of a shelter as defined in 7 C.F.R. 271.2.

(b) A shelter resident shall be certified for benefits as established in 7 C.F.R. 273.11(g).

(9) The case of an SSI recipient shall be processed as established in this subsection.

(a) An application may be filed at the:

Social Security Administration (SSA) Office; or
Local Department for Community Based Services office.

(b) The cabinet shall not require an additional interview for applications filed at the SSA.

(d) Certification periods shall conform to Section 2 of this administrative regulation.

(e) A household change in circumstance shall conform to Section 7 of this administrative regulation.

(10) A household with a member who is on strike shall have its eligibility determined by:

(a) Comparing the striking member's income the day prior to the strike, to the striker's current income;

(b) Adding the higher of the prestrike income or current income to other current household income; and

(11) Sponsored immigrants.

(a) Income of a sponsored immigrant, as defined in 7 C.F.R. 273.4(c)(2), shall be:

Deemed income from a sponsor and sponsor's spouse, which shall:

a. Include total monthly earned and unearned income; and

b. Be reduced by:

(i) The twenty (20) percent earned income disregard, if appropriate; and

(ii) The SNAP gross income eligibility limit for a household equal in size to the sponsor's household;

Subject to appropriate income exclusions as established in 921 KAR 3:020, Section 3; and
Reduced by the twenty (20) percent earned income disregard, if appropriate.

(b) If the sponsor is financially responsible for more than one (1) sponsored immigrant, the sponsor's income shall be pro-rated among each sponsored immigrant.

(c) A portion of income, as established in paragraph (a) of this subsection, of the sponsor and of the sponsor's spouse shall be deemed unearned income until the sponsored immigrant:

Becomes a naturalized citizen;
Is credited with forty (40) qualifying quarters of work;
Meets criteria to be exempt from deeming, in accordance with 7 C.F.R. 273.4(c)(3);
Is no longer considered lawfully admitted for permanent residence and leaves the United States; or
Dies, or the sponsor dies.

(d) In accordance with 7 U.S.C. 2014(i)(2)(E), deeming requirements shall not apply to sponsored immigrant children under eighteen (18) years of age.

Section 6. Disaster Certification. The cabinet shall distribute emergency SNAP benefits, pursuant to 42 U.S.C. 5122, to a household residing in a county determined to be a disaster area in accordance with 42 U.S.C. 5179 and 7 C.F.R. 280.1.

Section 7. Reporting Changes.

(1) Within ten (10) days of the end of the month in which the change occurs, a household shall report a change that causes:

(a) The household's gross monthly income to exceed 130 percent of poverty level based on household size; or

(b) A household member, who does not have an exemption from work requirements, as established in 921 KAR 3:027, Section 3(8)(b), to work less than twenty (20) hours per week.

(2) An applying household shall report a change related to its SNAP eligibility and benefits:

(a) At the certification interview; or

(b) Within ten (10) days of the date of the notice of eligibility, if the change occurs after the interview, but prior to receipt of the notice.

Section 8. Incorporation by Reference.

(1) The "FS-2, MID REVIEW NOTICE", 1/21, is incorporated by reference.

History

RELATES TO: 7 C.F.R. 271.2, 273.1, 273.2, 273.4, 273.5, 273.10, 273.11, 273.12, 273.14, 274, 280.1, 7 U.S.C. 2014, 2015(d), 42 U.S.C. 5122, 5179
STATUTORY AUTHORITY: KRS 194A.050(1), 7 C.F.R. 271.4
NECESSITY, FUNCTION, AND CONFORMITY: 7 C.F.R. 271.4 requires the Cabinet for Health and Family Services to administer a Supplemental Nutrition Assistance Program (SNAP) within the state. KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. This administrative regulation establishes the certification process used by the cabinet in the administration of SNAP.
History: 6 Ky.R. 171; eff. 10-3-1979; 8 Ky.R. 82; 192; eff. 9-2-1981; 540; eff. 2-1-1982; 950; eff. 4-7-1982; 9 Ky.R. 279; eff. 9-8-1982; 1067; eff. 4-6-1983; 1256; eff. 6-1-1983; 10 Ky.R. 183; eff. 8-3-1983; 969; eff. 3-2-1984; 11 Ky.R. 89; eff. 8-7-1984; 1340; eff. 4-9-1985; 12 Ky.R. 1789; eff. 6-10-1986; 17 Ky.R. 1867; eff. 12-18-1990; 18 Ky.R. 893; eff. 10-16-1991; 2047; eff. 2-7-1992; 19 Ky.R. 317; eff. 8-28-1992; 21 Ky.R. 647; eff. 9-21-1994; 2825; eff. 6-21-1995; Recodified from 904 KAR 3:035, 10-30-1998; Am. 25 Ky.R. 2216; eff. 5-19-1999; 30 Ky.R. 126; 636; eff. 8-20-2003; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 33 Ky.R. 254; 800; eff. 9-20-2006; 35 Ky.R. 1934; 2074; eff. 3-11-2009; 37 Ky.R. 1918; 2427; eff. 5-6-2011; 38 Ky.R. 1804; eff. 6-20-2012; 41 Ky.R. 205; 1074; eff. 11-19-2014; 42 Ky.R. 614; eff. 11-18-2015; 42 Ky.R. 2841; 43 Ky.R. 42; 218; eff. 8-17-2016; 45 Ky.R. 202, 1680; eff. 12-12-2018; TAm eff. 6-24-2021; 47 Ky.R. 591, 1416, 1594, 2401; eff. 7-21-2021.

921 KAR 3:042 Supplemental Nutrition Assistance Program Employment and Training Program {#sec-921-kar-3-042 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:042}

Section 1. Definitions.

(1) "Basic education" means an activity necessary to attain a high school diploma or equivalent and may include:

(a) Adult basic skills;

(b) English as a Second Language; and

(2) "Employment readiness training" means an intensive program focusing on skill assessment and educational remediation services that prepare an individual for the workforce.

(3) "Integrated education and training" means a program that provides adult education and literacy activities alongside training for a specific occupation for the goal of obtaining self-sufficiency.

(4) "Job retention services" means continuous ongoing case management for a period of thirty (30) to ninety (90) days while the participant is transitioning into employment.

(5) "Vocational training" means a component that improves the employability of participants by providing training in a skill or trade to meet the needs of current or emerging industries and occupations.

(6) "Work experience" means a program in which a participant receives occupational experience and may include:

(a) Job training;

(b) An internship;

(d) Job shadowing.

(7) "Workfare" means an unpaid activity that provides an individual with an opportunity to gain work experience and useful workplace skills at a supervised worksite.

Section 2. E&T Participation.

(1)

(a) An individual may volunteer to participate in the E&T Program.

(b) A voluntary participant in the E&T shall not be penalized by a discontinuance or reduction of SNAP benefits.

(2) An E&T participant shall:

(a) Complete an initial assessment interview;

(b) Be placed in an approved SNAP E&T component; and

(c)

Complete and return to the cabinet a SNET-145 Employment and Training Participation Report, in order to verify participation; or
Enter participation information in the case management system to be verified by a SNAP E&T provider.

(3) Payment for transportation, up to twenty-five (25) dollars per month, shall be provided to an individual participating in the E&T program if the individual:

(a) Incurs or plans to incur a transportation expense in order to participate; and

(b) Completes and returns to the cabinet verification of the job search in accordance with Section 3(3)(b) and (c) of this administrative regulation or reports participation in accordance with subsection (2)(c) of this section stating the anticipated need.

(4) The ongoing transportation payment shall be requested by the individual by submitting the completed SNET-145 form and indicating the amount of the request. If the participant does not request the transportation payment, the payment shall not be issued.

(5) Case management shall be provided by an E&T provider or partner.

Section 3. Components.

(1) The E&T program shall contain components from the following federally-approved services and activities:

(a) Employment readiness training;

(b) Work experience;

(d) Basic education;

(e) Integrated education and training;

(f) Job retention services; or

(g) Workfare.

(2) An individual participating in the E&T program shall actively participate in a component weekly. All components shall be built for twenty (20) hours per week or eighty (80) hours per month.

(3) An individual participating in workfare shall:

(a) Complete an initial assessment and develop an employability plan;

(b) Participate in the initial thirty (30) days of job search, including twelve (12) contacts with prospective employers;

(c) Complete and file with the cabinet verification of the job search in accordance with paragraph (b) of this subsection;

(d) Provide written verification by the workfare provider of E&T Program activities to the cabinet; and

(e) Satisfy the work requirement, in accordance with 921 KAR 3:027, Section 3(8), by:

Accepting the offer of a work site placement; and
Working at the assigned work site placement for the minimum monthly number of hours required by subsection (4) or (5) of this section.

(4) The minimum number of hours that a workfare participant shall perform each month to satisfy the work requirement of 921 KAR 3:027, Section 3(8), shall be determined by the participant's monthly SNAP allotment divided by the current federal minimum wage.

(5) If the SNAP household's active members include more than one (1) individual who wants to satisfy the work requirement of 921 KAR 3:027, Section 3(8), through workfare, the minimum monthly number of work hours that each individual is required to perform shall be determined by dividing the:

(a) SNAP allotment by the number of individuals who are subject to the work requirement; and

(b) Individual pro rata share of the SNAP allotment by the current federal minimum wage.

Section 4. Hearing Process. If aggrieved by an action or inaction that affects participation, a SNAP participant may request a hearing in accordance with 921 KAR 3:070.

Section 5. Reimbursement. An individual shall complete and file with the cabinet a written request to have a reimbursement check for employment or training replaced after loss or theft.

Section 6. Incorporation by Reference.

(1) "SNET-145, Employment and Training Participation Report", 9/20, is incorporated by reference.

History

RELATES TO: 7 C.F.R. 273.7, 273.24, 7 U.S.C. 2015(d)
STATUTORY AUTHORITY: KRS 194A.050(1), 7 C.F.R. 273.7
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and Family Services is required by 7 C.F.R. 273.7 to administer a Supplemental Nutrition Assistance Program (SNAP) Employment and Training Program. KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. This administrative regulation establishes technical eligibility requirements used by the cabinet in the administration of the SNAP Employment and Training (E&T) Program.
History: 23 Ky.R. 1304; Am. 1600; eff. 9-18-1996; 24 Ky.R. 215; 600; eff. 8-20-1997; 25 Ky.R. 922; 1371; eff. 11-18-1998; Recodified from 904 KAR 3:042, 2-1-1999; 29 Ky.R. 586; 977; eff. 10-16-2002; 2563; 2897; eff. 6-16-2003; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 33 Ky.R. 998; 1334; eff. 11-15-2006; 35 Ky.R. 1937; 2076; eff. 3-11-2009; 39 Ky.R. 1331; eff. 3-8-2013; 40 Ky.R. 2914; eff. 9-5-2014; 42 Ky.R. 617; eff. 11-18-2015; 44 Ky.R. 158, 544; eff. 10-11-2017; 47 Ky.R. 873; eff. 2-11-2021; TAm eff. 6-24-2021.

921 KAR 3:045 Issuance procedures {#sec-921-kar-3-045 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:045}

Section 1. Basic Issuance Requirements.

(1) The cabinet shall be responsible for the timely and accurate issuance of benefits to eligible households.

(2) In issuing benefits, the cabinet shall ensure that:

(a) Only certified households receive benefits;

(b) Program benefits shall be distributed in the correct amounts; and

(c) Benefit issuance and reconciliation activities shall be properly conducted and accurately reported to the Food and Nutrition Service (FNS).

(3) The cabinet shall advise the recipient at time of application that:

(a) Unused benefits shall be expunged in accordance with Section 6 of this administrative regulation; and

(b) Expunged benefits shall be:

Applied for benefit overpayments in accordance with 921 KAR 3:050; or
Returned to the FNS of the U.S. Department of Agriculture.

(4) The cabinet shall maintain issuance records for a period of three (3) years from the month of origin.

Section 2. Benefit Delivery.

(1) Benefits shall be provided to an eligible household through an EBT system.

(2) An EBT card and instructions for use shall be mailed:

(a) Directly to each eligible household; or

(b) To the local office for pick up, if requested by the household.

Section 3. Benefit Availability.

(1) Benefits shall be available to a household the day after an approval is processed, if the case is a:

(a) New application;

(b) Reapplication; or

Initiated after the 15th day of the month; and
Approved during the benefit month.

(2) An ongoing case shall have benefits credited to the EBT account and available to the household within the first nineteen (19) days of the benefit month.

Section 4. EBT Card Replacement.

(1) The cabinet shall provide a replacement EBT card to a household within five (5) days, if the EBT card is reported:

(a) Lost;

(b) Stolen; or

(2) An EBT card shall be deactivated if a household reports the need for card replacement.

Section 5. Benefit Replacement.

(1) After the household receives an EBT card, if the EBT card is lost or stolen and the EBT account is reduced, the cabinet shall not provide replacement benefits.

(2) If food purchased with SNAP benefits is destroyed in a household misfortune, the cabinet shall provide replacement benefits if:

(a) The loss is reported:

Orally or in writing; and
Within ten (10) days of the household misfortune; and

(b) A household member or authorized representative signs a statement attesting to the loss.

(3) If the household is eligible for replacement benefits, the replacement shall equal:

(a) The amount of the loss to the household, not to exceed the maximum of one (1) month's benefits for the household requesting replacement; or

(b) Up to the full value of the benefits, if the replacement includes restored benefits.

(4) The cabinet shall not provide a replacement due to a household misfortune if:

(a) A disaster declaration has been issued by FNS; and

(b) The household is eligible for disaster SNAP benefits.

(5) There shall not be a limit on the number of benefit replacements for food:

(a) Purchased with SNAP benefits; and

(b) Destroyed in a household misfortune.

(6) If available documentation indicates that a household's request for benefit replacement appears fraudulent, the cabinet shall:

(a)

Deny the replacement; or
Delay the replacement; and

(b) Inform the household:

Of its right to a fair hearing to contest the denial or delay of a replacement; and
That a replacement shall not be made while the denial or delay is being appealed.

Section 6. Account Inactivity.

(1) If an EBT account has not been debited in nine (9) consecutive months, the cabinet shall:

(a) Expunge a monthly benefit on a monthly basis as each individual benefit month reaches a date that is nine (9) months in the past; and

(b) Notify the household in writing at least thirty (30) days in advance of the expungement:

That the household's EBT account has not been debited in the last nine (9) months; and
Of the amount of SNAP benefits that will be expunged.

(2) If a recipient debits the EBT account, the expungement process shall cease.

(3) When the cabinet receives an official death notice or confirms a death match from an official source for all household members, the cabinet shall expunge the remaining benefit amount in accordance with 7 C.F.R. 274.2(i)(4).

(4) Expunged benefits shall not be retrieved.

History

RELATES TO: 7 C.F.R. 274.2, 274.4, 274.5, 274.6
STATUTORY AUTHORITY: KRS 194A.050(1), 7 C.F.R. 271.4, 274.1
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 7 C.F.R. 271.4 delegates the authority to Kentucky and requires the state agency to be responsible for the administration of the Supplemental Nutrition Assistance Program (SNAP) within the state. The cabinet shall follow procedures established in 7 C.F.R. 274.1 in the operation of an electronic benefit transfer or "EBT" system. This administrative regulation establishes issuance procedures used by the cabinet in the administration of SNAP.
History: Recodified from 904 KAR 3:045, 10-30-1998; Am. 25 Ky.R. 2219; eff. 5-19-1999; 30 Ky.R. 494; 899; eff. 10-15-2003; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 35 Ky.R. 1817; eff. 2-6-2009; 41 Ky.R. 2177; eff. 7-15-2015; 44 Ky.R. 1152, 1532; eff. 1-18-2018; 47 Ky.R. 1499; eff. 6-16-2021.

921 KAR 3:050 Claims and additional administrative provisions {#sec-921-kar-3-050 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:050}

Section 1. Responsibility for a Claim. The following individuals shall be responsible for paying a recipient claim as defined in 921 KAR 3:010:

(1) An individual who was an adult member of the household during the time period when the overissuance or trafficking occurred;

(2) A sponsor of an alien household member if the sponsor is at fault; or

(3) A person connected to the household, such as an authorized representative, who actually traffics or otherwise causes an overissuance or trafficking.

Section 2. Claim Category.

(1) As specified in 921 KAR 3:010, a recipient claim shall be classified as an:

(a) Inadvertent household error (IHE);

(b) Agency error (AE); or

(2) A suspected intentional program violation (SIPV) shall be:

(a) Established if fraud is suspected, but the client does not admit to committing fraud;

(b) Referred to court or an administrative hearing for a fraud determination; and

IHE category without decreasing the claim period or recalculating the claim if fraud is not substantiated; or
IPV category if fraud is substantiated.

Section 3. Acting on a Change.

(1) A claim shall be established if a household:

(a) Fails to report a change in circumstance in accordance with the timeframes specified in 921 KAR 3:035; or

(b) Reports a change within the required timeframe, but the cabinet fails to act on the change within ten (10) days of the date the change is reported.

(2) The first month of overissuance, as defined in 921 KAR 3:010, shall:

(a) Be the first month that the change would have been effective had it been timely:

Reported by the household; or
Acted upon by the cabinet; and

(b) Not exceed two (2) months from the month the change in circumstance occurred.

Section 4. Calculating the Amount of a Recipient Claim.

(1) In accordance with 7 C.F.R. 273.18(c), unless a claim is related to trafficking, the cabinet shall:

(a) Calculate:

An AE claim back to twelve (12) months prior to when the cabinet became aware of the overissuance; and
An IHE claim back to the month the overissuance first occurred, but not more than six (6) years prior to when the cabinet became aware of the overissuance; and
An IPV or an SIPV claim back to the month the fraudulent act first occurred, but not more than six (6) years prior to when the cabinet became aware of the overissuance;

(b) Determine the correct amount of SNAP benefits for each month that a household received an overissuance;

(c) Not apply the earned income deduction to the portion of earned income that a household failed to report in a timely manner, as specified in Section 3 of this administrative regulation, if:

The claim is classified as an IPV, SIPV, or IHE; and
The IHE, SIPV, or IPV is the basis for the recipient claim;

(d) Subtract the correct amount of SNAP benefits from the benefits actually received and the difference shall be the amount of the overissuance; and

(e) Deduct any SNAP benefits that are designated to be expunged from a household's EBT account from the amount of overissuance:

When the recipient claim is initially calculated; and
At each subsequent expungement until the balance of the claim is paid in full.

(2) If a claim is related to trafficking, the cabinet shall calculate the value of the trafficked SNAP benefits as determined by:

(a) An individual's admission;

(b) Adjudication; or

(3) The amount of a claim may differ from a calculation obtained through the methods outlined in subsections (1) and (2) of this section if a different amount is ordered by:

(a) An administrative hearing officer or agency head in accordance with: 921 KAR 3:060 or 921 KAR 3:070; or

(b) A court.

(4) In accordance with 7 C.F.R. 273.18(e)(2), the cabinet shall not establish a recipient claim if the claim referral is seventy-five (75) dollars or less, unless the:

(a) Household is currently participating in SNAP;

(b) Recipient claim was established or discovered through a quality control review; or

Section 5. KCD-1.

(1) A KCD-1, General Claims Notice shall serve many purposes in the administration of claims collections, including the use as:

(a) An appointment notice;

(b) A demand letter;

(d) A past due notice;

(e) A repayment agreement;

(f) A claim adjustment notice;

(g) A claim termination notice;

(h) A payment receipt;

(i) Notice of a suspended claim;

(j) Notice of a claim being paid in full; or

(k) Notification that a delinquent claim shall be sent to the U.S. Department of Treasury for collection.

(2) The language on the KCD-1 shall differ according to the purpose of the notice as described in subsection (1) of this section.

Section 6. Notification of a Claim.

(1) A household with a suspected claim shall be mailed a KCD-1 notifying the household of an appointment to:

(a) Discuss the potential claim;

(b) Determine the classification of the claim, as specified in Section 2 of this administrative regulation; and

(c) Offer the recipient an opportunity to waive the administrative disqualification hearing if the claim is suspected to be an IPV.

(2) If a household requests to reschedule the appointment within ten (10) days of the date of the notice, the appointment shall be rescheduled.

(3) The cabinet shall determine the classification and the amount of the recipient claim based on the information that is available to the cabinet if the household:

(a) Fails to attend the appointment to discuss the potential claim; and

(b) Does not contact the cabinet to reschedule the appointment.

(4) When the cabinet determines the amount of a recipient claim, in accordance with Section 4 of this administrative regulation, collection shall be initiated and a KCD-1 shall be mailed to notify the household of the claim:

(a) Amount;

(b) Time period;

(d) Category, as specified in Section 2 of this administrative regulation.

(5) The household shall return the KCD-1 within ten (10) days of receipt if the household chooses to:

(a) Initiate a repayment agreement; or

(b) Request a hearing on the claim.

Section 7. Collection Methods.

(1) Benefit reduction.

(a) A household that is participating in SNAP shall have payments on the claim made by reducing its monthly SNAP benefits through benefit reduction by the following amount:

For an IPV claim, the amount reduced shall be the greater of twenty (20) dollars per month or twenty (20) percent of the household's monthly benefits or entitlement, unless the household agrees to a higher amount; or
For an IHE or AE claim, the amount reduced shall be the greater of ten (10) dollars per month or ten (10) percent of the household's monthly benefits, unless the household agrees to a higher amount.

(b) The cabinet shall not use additional collection methods against individuals in a household that is already having its benefits reduced unless the:

Additional payment is voluntary; or
Source of the payment is irregular and unexpected such as a federal or state tax refund or lottery winnings offset.

(2) A household may pay its claim using SNAP benefits from its EBT account if the household gives the cabinet permission:

(a) By completing and returning a KCD-1 or other written statement requesting this option; or

(b) Through an oral request for a one (1) time reduction and the cabinet provides the household with a receipt for the transaction within ten (10) days.

(3) If the cabinet becomes aware of expunged SNAP EBT benefits, the claim balance shall be reduced by an amount equal to the expunged benefits.

(4) During the claim establishment and collection process, the cabinet shall:

(a) Deduct the amount of an outstanding recipient claim from SNAP benefits that may be owed to a household; and

(b) Send the household a KCD-1 as notification of the adjustment.

(5) A lump sum payment on a recipient claim:

(a) Shall be accepted by the cabinet; and

(b) May be a full or partial payment.

(6) If a household is not participating in SNAP, the cabinet shall:

(a) Negotiate a repayment agreement, either orally or in writing, which includes a repayment schedule; and

(b) Employ additional collection methods if the claim becomes delinquent through the household's failure to submit a payment in accordance with the negotiated repayment agreement.

(7) In accordance with 7 C.F.R. 273.18(g), the cabinet may employ other collection methods to collect a recipient claim, such as:

(a) Referral to a public or private sector collection agency;

(b) Lottery offsets;

(d) The intercept of unemployment compensation benefits;

(e) State income tax refund intercept; or

(f) The intercept of any eligible federal payment owed the debtor through the Treasury Offset Program (TOP).

(8) The cabinet shall:

(a) Refer a recipient claim that is delinquent for 180 or more days to TOP, unless the debtor is a member of a participating household that is undergoing benefit reduction to collect a recipient claim; and

(b) Remove a recipient claim from TOP if the:

FNS or U.S. Department of the Treasury instructs the cabinet to withdraw a recipient claim;
Cabinet discovers that the debtor:

a. Is a member of a SNAP household undergoing benefit reduction; or

b. Has made an arrangement to resume payments; or

Claim:

a. Has been paid off;

b. Was disposed of through a hearing, termination, or compromise; or

c. Was referred to TOP in error.

Section 8. Delinquent Recipient Claims.

(1) In accordance with 7 C.F.R. 273.18(e)(5), a recipient claim shall be considered delinquent if:

(a) The claim has not been paid by the due date and a satisfactory payment arrangement has not been made; or

(b) A payment arrangement has been established and a scheduled payment has not been made by the due date.

(2) The date of delinquency for a claim shall be the due date on the:

(a) Initial written notification if the claim meets the criteria of subsection (1)(a) of this section; or

(b) Missed installment payment if the claim meets the criteria of subsection (1)(b) of this section.

(3) Pursuant to 7 C.F.R. 273.18(e)(5)(ii), the claim shall remain delinquent until:

(a) Payment is received in full;

(b) Benefit reduction, as described in Section 7 of this administrative regulation, is implemented; or

(c) A satisfactory payment agreement is negotiated for a claim meeting the criteria of subsection (1)(a) of this section.

(4) A claim shall not be considered delinquent if:

(a) Another claim for the same household is currently being paid either through an installment agreement or benefit reduction; and

(b) The cabinet expects to begin collection on the claim once the prior claim is settled.

(5) If the cabinet is unable to determine delinquency status because claim collection is coordinated through the court system, a claim shall not be subject to the requirements for delinquent debts.

(6) A claim awaiting a fair hearing decision shall not be considered delinquent.

(7) If a hearing official determines that a claim does, in fact, exist against the household, the cabinet shall:

(a) Renotify the household of the claim; and

(b) Base delinquency on the due date of the subsequent notice.

(8) If a hearing official determines that a claim does not exist, the cabinet shall:

(a) Dispose of the recipient claim in accordance with Section 9(2) of this administrative regulation; and

(b) Send a KCD-1 to notify the household of the terminated claim.

Section 9. Compromising, Terminating, and Writing-off Claims.

(1) Except for a recipient claim that is established by a court of the appropriate jurisdiction, the cabinet may compromise a claim in accordance with 7 C.F.R. 273.18(e)(7).

(2) In accordance with 7 C.F.R. 273.18(e)(8), a claim shall be terminated and written off if:

(a) The claim:

Is invalid, unless it is appropriate to pursue the overissuance as a different type of claim;
Balance is twenty-five (25) dollars or less and the claim has been delinquent for ninety (90) days or more, unless other claims exist against the household resulting in an aggregate claim total of greater than twenty-five (25) dollars; or
Has been delinquent for at least three (3) years and, in accordance with 7 C.F.R. 273.18(n), cannot be pursued through TOP;

(b) All adult household members, as specified in Section 1(1) of this administrative regulation, die; or

Section 10. Restoration of Benefits.

(1) Benefits shall be restored to a household if the household has lost benefits:

(a) Due to an administrative error; or

(b) By an administrative disqualification for an IPV that is subsequently reversed.

(2) Benefits shall be restored for a period of not more than twelve (12) months from the date:

(a) The agency receives a request for restoration; or

(b) A final order is implemented, if no request for restoration is received.

(3) Benefits to be restored shall be calculated by determining the difference between what the household was entitled to receive and what the household actually received.

(4) Benefits to be restored shall be used to offset any unpaid or suspended claim that the household has.

Section 11. Disclosure of Information. The disclosure or use of information regarding SNAP participants shall be restricted to an individual who meets the criteria specified in 7 C.F.R. 272.1(c).

Section 12. Retention of Records.

(1) In accordance with 7 C.F.R. 272.1(f), the cabinet shall retain program records:

(a) In an orderly fashion, for audit and review purposes; and

(b) Except for records specified in subsection (2) of this section, for a period of three (3) years from the:

Month of origin of each record; or
Date of fiscal or administrative closure for fiscal records and accountable documents, such as claims.

(2) The cabinet shall retain records on IPV disqualifications and work violations indefinitely.

Section 13. Civil Rights Compliance. In accordance with 7 C.F.R. 272.6, the cabinet shall not discriminate in any aspect of program administration on the basis of age, race, color, sex, disability, religion, political beliefs, or national origin.

Section 14. Incorporation by Reference.

(1) "KCD-1, General Claims Notice", 1/17, is incorporated by reference.

History

RELATES TO: 7 C.F.R. 272.1, 272.5, 272.6, 273.16, 273.17, 273.18, 26 C.F.R. 301.6402-6
STATUTORY AUTHORITY: KRS 194A.010(2), 194A.050(1), 7 C.F.R. 271.4, 273.18
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.010(2) requires the Cabinet for Health and Family Services to administer income-supplement programs that protect, develop, preserve, and maintain families and children in the Commonwealth. KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 7 C.F.R. 271.4 requires each state to administer a Supplemental Nutrition Assistance Program (SNAP). 7 C.F.R. 273.18 requires the agency administering SNAP to develop a process to establish and collect claims. This administrative regulation establishes the criteria for recipient claims, collections provisions, and additional provisions used by the cabinet in the administration of SNAP.
History: 3 Ky.R. 680; eff. 5-4-1977; Am. 6 Ky.R. 161; eff. 10-3-1979; 8 Ky.R. 541; eff. 2-1-1982; 9 Ky.R. 507; eff. 11-3-1982; 1257; eff. 6-1-1983; 11 Ky.R. 1342; eff. 4-9-1985; 18 Ky.R. 900; eff. 10-16-1991; 19 Ky.R. 1228; 1569; eff. 12-16-1992; 22 Ky.R. 399; eff. 9-20-1995; Recodified from 904 KAR 3:050, 10-30-1998; 26 Ky.R. 245; 780; eff. 10-20-1999; 27 Ky.R. 2920; 28 Ky.R. 102; eff. 7-16-2001; 2279; 2595; eff. 6-14-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 32 Ky.R. 1943; 33 Ky.R. 425; eff. 9-1-2006; 2220; 2973; 4-6-2007; 35 Ky.R. 1941; eff. 3-11-2009; 39 Ky.R. 1334; eff. 3-8-2012; 40 Ky.R. 2917; eff. 9-5-2014; 42 Ky.R. 620; eff. 11-18-2015; 43 Ky.R. 819; eff. 2-3-2017; 45 Ky.R. 1838; eff. 3-19-2020; Crt eff. 7-1-2026.

921 KAR 3:060 Administrative disqualification hearings and penalties {#sec-921-kar-3-060 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:060}

Section 1. Administrative Disqualification Hearings.

(1) Unless a different procedure is specified in this administrative regulation, an administrative disqualification hearing shall:

(a) Be conducted in accordance with 921 KAR 3:070 and KRS Chapter 13B; and

(b) Include the issuance of an order in accordance with the Correspondence from the Office of the Attorney General dated April 5, 2012.

(2) The cabinet shall retain:

(a) The official record of an administrative disqualification hearing until all appeals have been exhausted; and

(b) A case record with an IPV disqualification indefinitely.

Section 2. Intentional Program Violations.

(1) If the cabinet suspects that an individual committed an IPV, as defined in 921 KAR 3:010, the cabinet shall:

(a) Initiate an administrative disqualification hearing; or

(b) If warranted by the facts of the case, refer the suspected IPV claim to the Office of the Inspector General (OIG) for investigation or referral for prosecution.

(2) An administrative disqualification hearing may be initiated regardless of the current eligibility of an individual.

(3) If the OIG determines that the IPV does not warrant investigation or referral for prosecution, the cabinet shall initiate an administrative disqualification hearing as specified in this administrative regulation.

Section 3. Notification.

(1) Form FS-80 (EF) or (TR), Notice of SNAP Suspected Intentional Program Violation, shall serve as the notification to a household of the:

(a) Cabinet's suspicion that an IPV has been committed;

(b) Amount and period of the overpayment for the suspected IPV; and

(2) The cabinet shall provide an individual suspected of an IPV a Form FS-80, Supplement A (EF) or (TR), Voluntary Waiver of SNAP Administrative Disqualification Hearing, which allows the individual to waive the right to an administrative disqualification hearing, with or without admitting an IPV was committed.

(3) If the household does not return the FS-80, Supplement A (EF) or (TR), the cabinet shall schedule an administrative disqualification hearing in accordance with 7 C.F.R. 273.16(e)(3) and (4).

(4) In accordance with KRS 13B.050, the administrative disqualification hearing notice shall be sent:

(a) By certified mail, return receipt requested, to the individual; or

(b) By another method, such as electronic or first class mail, if the individual waives his or her right to certified mail delivery under KRS 13B.050.

(5) The administrative disqualification hearing notice shall provide information as specified in 7 C.F.R. 273.16(e)(3)(iii).

(6) In accordance with 7 C.F.R. 273.16(e)(2)(iii), the hearing officer shall advise the household member or representative that they may refuse to answer questions during the hearing.

(7) The cabinet shall provide a household notice regarding the IPV determination in accordance with 7 C.F.R. 273.16(e)(9) and KRS 13B.120.

Section 4. Timeframes.

(1) Within the ninety (90) day timeframe specified in 7 C.F.R. 273.16(e)(2)(iv), the cabinet shall:

(a) Conduct an administrative disqualification hearing; and

(b) Issue a final order pursuant to the provisions established in 921 KAR 3:070, Section 14.

(2) In accordance with 7 C.F.R. 273.16(e)(2)(iv), a hearing may be postponed:

(a) One (1) time; and

(b) For no more than thirty (30) days.

(3) If a hearing is postponed, the time limit specified in subsection (1) of this section shall be extended for as many days as the hearing is postponed.

Section 5. Hearing Attendance.

(1) An administrative disqualification hearing shall be conducted in accordance with 7 C.F.R. 273.16(e)(4).

(2) If a household member or representative cannot be located or does not appear for the administrative disqualification hearing, the hearing officer shall:

(a) Conduct the hearing without the household member or representative;

(b) Consider the evidence; and

(3) In accordance with 7 C.F.R. 273.16(e)(4), the cabinet shall rescind a determination of an intentional program violation and conduct a new hearing upon an order of finding if the:

(a) Household was not represented at the hearing;

(b) Individual was determined to have committed an IPV;

(c)

Individual, within ten (10) days of the scheduled hearing, establishes good cause for failure to appear in accordance with 921 KAR 3:070, Section 8(2); or
Individual, within thirty (30) days after the date of the notice, establishes good cause for failure to appear in accordance with 921 KAR 3:070, Section 8(2)(f), by showing nonreceipt of the notice of hearing; and

(d) Secretary or the secretary's designee is not considering the same matter.

Section 6. Benefits and Participation.

(1) In accordance with 7 C.F.R. 273.16(e)(5), the participation of a household suspected of an IPV shall not be affected by the suspected IPV until a disqualification is implemented based on the:

(a) IPV being substantiated by the final order or a court of appropriate jurisdiction;

(b) Individual waiving the right to an administrative disqualification hearing by completing, signing, and returning the FS-80, Supplement A (EF) or (TR); or

(c) Individual completing, signing, and returning the form FS-111, Supplemental Nutrition Assistance Program Disqualification Consent Agreement, pursuant to Section 7 of this administrative regulation.

(2) If the cabinet's determination of an IPV is later reversed, the cabinet shall:

(a) Reinstate the individual, if eligible; and

(b) In accordance with 7 C.F.R. 273.17, restore benefits:

That were lost as a result of the disqualification; and
For no more than twelve (12) months.

Section 7. Deferred Adjudication.

(1) The cabinet shall accept a completed form FS-111 in a case of deferred adjudication pursuant to 7 C.F.R. 273.16(h).

(2) In accordance with 7 C.F.R. 273.16(h), the cabinet shall notify an individual signing an FS-111 of the:

(a) Consequences of consenting to disqualification;

(b) Disqualification; and

Section 8. Penalties.

(1) In accordance with 7 C.F.R. 273.16(b), an individual shall be ineligible to participate in SNAP, if the individual has:

(a) Committed an IPV, as determined by:

An administrative disqualification hearing; or
A court; or

(b) Signed a waiver of right to an administrative disqualification hearing or a disqualification consent agreement.

(2) The time periods for IPV disqualifications shall be implemented in accordance with 7 C.F.R. 273.16(b).

(3) In accordance with 7 C.F.R. 273.16(b)(11), the cabinet shall only disqualify the individual who meets the criteria specified in subsection (1) of this section, not the entire household.

(4) In accordance with 7 C.F.R. 273.16(b)(12), the cabinet shall hold the entire household responsible for making restitution on an overpayment, not just the disqualified individual.

(5) The cabinet shall inform the household in writing of the disqualification penalties for committing an IPV each time the household applies for benefits.

Section 9. Procedures for Appeal. In accordance with 7 C.F.R. 273.16(e)(8)(ii):

(1) Further administrative appeal procedures shall not exist after an:

(a) Administrative disqualification hearing determines that an IPV was committed; or

(b) Individual waives the right to an administrative disqualification hearing;

(2) A cabinet determination of an IPV shall not be reversed by a final order from a subsequent fair hearing; and

(3) An individual determined to have committed an IPV may seek relief in a court having appropriate jurisdiction pursuant to KRS 13B.140.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) The "Correspondence from the Office of Attorney General dated April 5, 2012", April 5, 2012;

(b) "FS-80 (EF), Notice of SNAP Suspected Intentional Program Violation", 05/21;

(d) "FS-80, Supplement A (EF), Voluntary Waiver of SNAP Administrative Disqualification Hearing", 11/21;

(e) "FS-80, Supplement A (TR), Voluntary Waiver of SNAP Administrative Disqualification Hearing", 11/21; and

(f) "FS-111, Supplemental Nutrition Assistance Program Disqualification Consent Agreement", 05/21.

History

RELATES TO: KRS Chapter 13B, 205.231, 7 C.F.R. 273.15, 273.17, 7 U.S.C. 2015
STATUTORY AUTHORITY: KRS 13B.170, 194A.010(2), 194A.050(1), 7 C.F.R. 271.4, 273.16
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.010(2) requires the Cabinet for Health and Family Services to administer income-supplement programs that protect, develop, preserve, and maintain families and children in the Commonwealth. KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.231 establishes the appeals process for applicants or recipients of public assistance. 7 C.F.R. 271.4 requires each state to administer a Supplemental Nutrition Assistance Program (SNAP). 7 C.F.R. 273.16 requires the agency administering SNAP to provide a hearing process for individuals accused of intentionally violating a SNAP regulation and to implement penalties and disqualifications for these violations. KRS 13B.170 authorizes the cabinet to promulgate administrative regulations that are necessary to carry out the hearing process to be followed in the Commonwealth. This administrative regulation establishes the procedures used by the cabinet in determining if an intentional program violation (IPV) has occurred and the penalties that shall be applied for an IPV.
History: 6 Ky.R. 379; 7 Ky.R. 215; eff. 8-6-1980; 8 Ky.R. 83; 438; eff. 12-2-1981; 9 Ky.R. 507; eff. 11-3-1982; 1258; eff. 6-1-1983; 15 Ky.R. 1169; 1475; eff. 11-16-1988; 2317; 16 Ky.R. 38; 177; eff. 8-5-1989; 18 Ky.R. 902; eff. 10-16-1991; 19 Ky.R. 2138; eff. 4-21-1993; 22 Ky.R. 403; 746; eff. 9-20-1995; 2162; eff. 7-5-1996; 24 Ky.R. 774; eff. 11-14-1997; Recodified from 904 KAR 3:060, 10-30-1998; Am. 25 Ky.R. 2221; eff. 5-19-1999; 27 Ky.R. 2926; eff. 7-16-2001; 28 Ky.R. 2283; 2598; eff. 6-14-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 32 Ky.R. 2186; 33 Ky.R. 131; eff. 7-24-2006; 35 Ky.R. 1944; eff. 3-11-2009; 39 Ky.R. 1338; eff. 3-8-2013; 40 Ky.R. 2921; eff. 9-5-2014; 41 Ky.R. 2682; 42 Ky.R. 791; 1214; eff. 11-6-2015; 45 Ky.R. 1842; eff. 5-3-2019; TAm eff. 3-20-2020; 47 Ky.R. 2746; 48 Ky.R. 1188; eff. 11-23-2021.

921 KAR 3:070 Fair hearings {#sec-921-kar-3-070 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:070}

Section 1. Opportunity for Fair Hearing.

(1) An opportunity for a fair hearing shall be provided to a household aggrieved by an action or inaction:

(a) On the part of the cabinet; and

(b) That affects the SNAP benefits of the household.

(2) A fair hearing shall be conducted:

(a) On a state level;

(b) By a hearing officer assigned by the Division of Administrative Hearings and

The local office administering the benefits of the appellant; or
An alternate site, if the appellant:

a. Is unable to travel to the local office; and

b. Requests an alternate site.

(3) If consent is obtained from each party required to testify under oath, a telephonic hearing may be conducted.

(4) If a participant or authorized representative speaks a language other than English, the cabinet shall insure that the hearing procedures are translated and explained in accordance with 7 C.F.R. 273.15(i).

(5) An administrative hearing shall be conducted in accordance with KRS Chapter 13B, this administrative regulation, the Correspondence from the Office of Attorney General dated June 4, 2014, and the Correspondence from the Office of Attorney General dated April 5, 2012.

Section 2. Notification of Hearing Rights.

(1) When a participant applies, he or she shall receive written notification of the:

(a) Right to a hearing;

(b) Procedures for requesting a hearing, as specified in Section 4 of this administrative regulation; and

Legal counsel;
A relative;
A friend; or
An individual to act on behalf of the participant.

(2) Written notification shall be provided to remind a participant of the right to request a fair hearing if:

(a) An action is taken that affects the benefits of the participant; or

(b) The participant disagrees with an action taken by the cabinet and expresses this disagreement to the cabinet.

(3) The participant shall be informed in writing of the availability of free representation from legal aid or other organizations within the community.

Section 3. Timeframe for a Hearing Request.

(1) Within a certification period, an active household may request a fair hearing to dispute current benefits.

(2) In accordance with the timeframes of 7 C.F.R. 273.15(g), a SNAP household may request a hearing on any cabinet action.

(3) If a hearing officer determines an appellant meets good cause criteria in accordance with Section 8 of this administrative regulation, the appellant shall be granted an additional thirty (30) days to submit a hearing request.

Section 4. Request for a Hearing.

(1) The request for a hearing shall clearly state the reason for the request.

(2) If the reason for the request is unclear, the cabinet may request additional clarification from the appellant.

(3) In accordance with 7 C.F.R. 273.15(h), a request for a hearing shall not be interfered with or limited in any way.

(4) Upon request, and in accordance with 7 C.F.R. 273.15(i), the cabinet shall:

(a) Help an appellant with a hearing request; and

(b) Make available, without charge, the materials necessary for an appellant to:

Determine whether a hearing may be requested; or
Prepare for a hearing.

(5) As determined by the hearing officer, an appellant may have the hearing process expedited in accordance with 7 C.F.R. 273.15(i)(2).

Section 5. Notice of Hearing.

(1) The Division of Administrative Hearings shall acknowledge a hearing request by issuing a notice of hearing.

(2) The notice of the hearing shall:

(a) Comply with the requirements of KRS 13B.050(3), subject to the exemption granted by the attorney general in the Correspondence from the Office of Attorney General dated June 4, 2014. The notice shall provide all parties involved with ten (10) days advance written notice of an administrative hearing, and the notice shall not be less than ten (10) days prior to the hearing, unless requested by the appellant;

(b) Specify the name, address, and phone number of the person to notify if an appellant is unable to attend the scheduled hearing; and

(c) Specify that the hearing request shall be dismissed if an appellant or representative fails to appear for a hearing without good cause as specified in Section 8(2) of this administrative regulation.

(3) In accordance with 7 C.F.R. 273.15(l), unless an appellant's request for an expedited hearing is granted, written notice shall be provided at least ten (10) days prior to the date of the hearing to permit adequate preparation of the case.

(4) The appellant may:

(a) Waive the right to certified mail delivery under KRS 13B.050; and

(b) Select another method of delivery, such as electronic or first class mail.

Section 6. Continuation of Benefits. Unless the appellant requests a discontinuance of benefits, benefits shall be continued, in accordance with 7 C.F.R. 273.15(k), pending the final order.

Section 7. Timely Action on Hearing Requests.

(1) In accordance with 7 C.F.R. 273.15(c), within sixty (60) days of a request for a fair hearing, the cabinet shall:

(a) Acknowledge the request in accordance with Section 5 of this administrative regulation;

(b) Conduct a hearing; and

(2) In accordance with 7 C.F.R. 273.15(c), benefits shall be adjusted:

(a) Within ten (10) days of the final order; or

(b) With the next issuance following receipt of the final order.

(3) If an appellant requests a postponement of a hearing, the:

(a) Hearing shall be postponed;

(b) Postponement shall not exceed thirty (30) days from the request for the postponement; and

Section 8. Denial or Dismissal of a Hearing Request.

(1) A hearing request shall be denied or dismissed if the:

(a) Request does not meet the criteria specified in Section 3 of this administrative regulation;

(b) Appellant submits a written request to withdraw the hearing request; or

Notifying the cabinet prior to the hearing; or
Establishing good cause for failure to appear as described in subsection (2) of this section, within ten (10) days.

(2) Good cause for the delay of a hearing request or failure to appear at a hearing may be granted if the appellant:

(a) Was away from home during the entire filing period;

(b) Is unable to read or comprehend the notice;

(d) Or other household member had a serious illness;

(e) Was not at fault for the delay, as determined by the hearing officer; or

(f) Did not receive the notice.

(3) The cabinet shall notify an appellant of the dismissal of a hearing request through the issuance of a Final Order of Dismissal by the Hearing Officer.

Section 9. Consolidation of Hearings.

(1) A fair hearing and an administrative disqualification hearing may be combined into a single hearing if the:

(a) Issues of the hearings are based on the same or related circumstances; and

(b) Appellant receives prior notice of the hearings being combined.

(2) If a fair hearing and an administrative disqualification hearing are combined, the timeframe for conducting an administrative disqualification hearing specified in 921 KAR 3:060, Section 4, shall be followed

(3) An appellant shall lose the right to a subsequent fair hearing on the amount of a claim if a combined hearing is held to determine:

(a) The amount of the claim; and

(b) If an intentional program violation occurred.

Section 10. Group Hearings.

(1) In accordance with 7 C.F.R. 273.15(e), the cabinet may respond to a series of individual requests for a fair hearing by conducting a single group hearing if:

(a) Individual issues of fact are not disputed; and

(b) The issues relate to the same state or federal:

Laws;
Administrative regulations; or
Policy.

(2) The same procedures specified in this administrative regulation for an individual hearing shall apply to a group hearing.

Section 11. Agency Conference.

(1) In accordance with 7 C.F.R. 273.15(d), the cabinet shall offer an agency conference to an appellant adversely affected by an action of the cabinet.

(2) The appellant shall be informed that an agency conference:

(a) Is optional; and

(b) Shall not delay or replace the fair hearing process.

(3) A fair hearing shall be dismissed if:

(a) An agency conference leads to an informal resolution of the dispute; and

(b) The appellant makes a written withdrawal of the request for a hearing.

(4) An agency conference shall be attended by the:

(a) Appellant's caseworker;

(b) Local office supervisor; and

Section 12. Rights During the Hearing.

(1) During the hearing process, the appellant or representative shall be provided the opportunity to:

(a) Examine:

The contents of the case file; and
All documents and records to be used at the hearing;

(b) Present the case or have the case presented by a representative or legal counsel;

(d) Present arguments without undue interference;

(e) Submit evidence to establish the pertinent facts and circumstances of the case; and

(f)

Question or refute testimony or evidence; and
Cross-examine an adverse witness.

(2) Upon request, a copy of the portions of the case file that are relevant to the hearing shall be provided to the appellant at no charge.

(3) Confidential information, such as the following, shall be protected from release:

(a) Names of individuals who have disclosed information about the appellant's household; and

(b) The nature or status of pending criminal prosecutions.

(4) The following information shall not be introduced at the hearing or affect the recommendation of the hearing officer:

(a) Confidential information as specified in subsection (3) of this section;

(b) Documents, testimony, or records irrelevant to the hearing; and

Section 13. Hearing Officer.

(1) The cabinet shall designate a hearing officer who:

(a) Is employed by the cabinet's Division of Administrative Hearings; and

(b) Meets the criteria specified in KRS 13B.040 and 7 C.F.R. 273.15(m).

(2) When conducting a hearing, a hearing officer shall:

(a) Have the authority set forth in KRS 13B.080;

(b) In accordance with 7 C.F.R. 273.15(m), order an independent medical assessment or professional evaluation:

From a source:

a. Not associated with the original action; and

b. Agreeable to both the appellant and the cabinet; and

a. The hearing involves medical issues; and

b. The hearing officer considers it necessary;

(d) Issue an order:

In accordance with KRS 13B.110; and
As specified in Section 14 of this administrative regulation; and

(e) Issue a final order in accordance with Section (7) of this administrative regulation.

Section 14. Hearing Officer's Order.

(1) After the hearing has concluded, the hearing officer shall draft an order that:

(a) Summarizes the facts of the case;

(b) Specifies the:

Reasons for the order; and
Address to which a party in the hearing may send an exception to the order; and

Findings of fact;
Conclusions of law;
Supporting evidence; and
Applicable state and federal regulations; and

(d) Addresses the parties' arguments.

(2) A copy of the order shall be sent simultaneously to the:

(a) Appellant or representative; and

(b) Department for Community Based Services, Division of Family Support.

(3) A hearing officer's order shall become a final order for an administrative hearing in accordance with KRS 13B.120, 205.231, and 7 C.F.R. 273.15(c), (n), and (q) sixteen (16) days from the issuance of the order unless a written exception is filed pursuant to Section 15 of this administrative regulation.

(4) If necessary, benefits of the appellant shall be adjusted:

(a) Based on a hearing officer's order that becomes a final order in accordance with subsection (3) of this section; and

(b) Within ten (10) days of the hearing officer's order becoming the final order.

Section 15. Written Exceptions and Rebuttals.

(1) If a party to a hearing disagrees with the hearing officer's order, the party may file a written exception with the secretary or the secretary's designee.

(2) A written exception or rebuttal shall:

(a) Be filed within fifteen (15) days of the date the hearing officer's order was mailed;

(b) Be based on facts and evidence presented at the hearing;

(d) Be sent to each other party involved in the hearing.

Section 16. Final Order.

(1) Unless Section 14(3) of this administrative regulation applies, the secretary or the secretary's designee shall issue a final order in accordance with KRS 13B.120, 205.231, and 7 C.F.R. 273.15(c), (n), and (q).

(2) If necessary, benefits of the appellant shall be adjusted:

(a) Based on the decision of the secretary or the secretary's designee; and

(b) Within ten (10) days of the decision of the secretary or the secretary's designee.

(3) An aggrieved party may petition for judicial review in accordance with:

(a) KRS 13B.140 to 13B.160; or

(b) KRS 23A.010.

Section 17. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) The "Correspondence from the Office of Attorney General dated April 5, 2012", April 5, 2012; and

(b) The "Correspondence from the Office of Attorney General dated June 4, 2014", June 4, 2014.

History

RELATES TO: KRS Chapter 13B, 23A.010, 45.237, 205.231, 7 C.F.R. 273.15
STATUTORY AUTHORITY: KRS 13B.170, 194A.010(2), 194A.050(1), 205.231(5), 7 C.F.R. 271.4, 273.15
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.010(2) requires the Cabinet for Health and Family Services to administer income-supplement programs that protect, develop, preserve, and maintain families and children in the Commonwealth. KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 7 C.F.R. 271.4 requires each state to administer a Supplemental Nutrition Assistance Program (SNAP). 7 C.F.R. 273.15 requires the agency administering SNAP to provide a hearing system for any SNAP applicant or recipient who is dissatisfied with an agency decision or action. KRS 13B.170 authorizes the cabinet to promulgate administrative regulations that are necessary to carry out the hearing process to be followed in the Commonwealth. This administrative regulation establishes the fair hearing procedures used by the cabinet in the administration of the Supplemental Nutrition Assistance Program.
History: 921 KAR 003:070. 8 Ky.R. 258; eff. 11-5-1981; Am. 9 Ky.R. 1261; eff. 6-1-1983; 15 Ky.R. 2320; 16 Ky.R. 179; eff. 8-5-1989; 18 Ky.R. 906; eff. 10-16-1991; 22 Ky.R. 407; eff. 9-20-1995; 2165; eff. 7-5-1996; Recodified from 904 KAR 3:070, 10-30-1998; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 33 Ky.R. 134; 429; eff. 9-1-2006; 40 Ky.R. 2373; 41 Ky.R. 73; 283; eff. 9-5-2014; 2685; 42 Ky.R.1216; eff. 11-6-2015; 45 Ky.R. 1845; eff. 5-3-2019; Crt eff. 1-8-2026.

921 KAR 3:090 Simplified assistance for the elderly program or ''SAFE'' {#sec-921-kar-3-090 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:090}

Section 1. Definitions.

(1) "Regular SNAP benefits" means SNAP benefits received in accordance with the procedures specified in:

(a) 921 KAR 3:020, Financial Requirements;

(b) 921 kar 3:027, Technical Requirements;

(d) 921 KAR 3:035, Certification Process.

(2) "Shelter costs" means monthly rent or mortgage expenses as stated by the applicant.

(3) "Simplified Assistance for the Elderly" or "SAFE" means an optional SNAP program for SSI participants who are age sixty (60) or older.

(4) "State Data Exchange" or "SDX" means files administered by the Social Security Administration that provide states with eligibility and demographic data relating to SSI applicants and participants.

Section 2. SAFE Program Procedures. Unless a different procedure or process for a SNAP requirement is specified in this administrative regulation, all SNAP requirements specified in 921 KAR Chapter 3 shall apply to SAFE, including the process for:

(1) A fair hearing;

(2) An administrative disqualification hearing;

(3) An appeal;

(4) A disqualification;

(5) A claim and collection of a claim; and

(6) EBT issuance.

Section 3. Eligibility for SAFE.

(1) An individual may qualify for SAFE benefits if the individual:

(a) Is a Kentucky resident;

(b) Is:

A current SSI recipient; or
SSI eligible, but SSI benefits are currently suspended;

(d) Is not institutionalized;

(e) Is:

Single, widowed, divorced, or separated; or
Married and living with a spouse who meets the criteria specified in (a) through (d) and (f) of this subsection; and

(f) Purchases and prepares food separately from another individual who shares the same residence, but is not a member of the applicant's household as defined by 921 KAR 3:010.

(2) The cabinet shall use SDX to verify an applicant's marital and institutional status.

(3) If a household member does not meet the criteria listed in subsection (1) of this section, the household:

(a) Shall not be eligible for SAFE; and

(b) May apply for regular SNAP benefits in accordance in 921 KAR 3:030.

(4) An individual who meets the criteria of subsection (1) of this section may apply for regular SNAP benefits instead of SAFE benefits.

(5) An individual shall not receive SAFE benefits and regular SNAP benefits at the same time.

Section 4. SAFE Application Process.

(1) Through use of the SDX files, the cabinet shall:

(a) Identify SSI participants who are potentially eligible for SAFE; and

(b) Mail each identified SSI household:

An SF-1, Simplified Assistance for the Elderly (SAFE) Application; and
A return envelope.

(2) A SAFE application shall be considered filed if the SF-1 is:

(a) Signed; and

(b) Received at the Department for Community Based Services, Division of Family Support.

(3) In accordance with 7 C.F.R. 273.2(g), the cabinet shall provide an eligible household an opportunity to participate within thirty (30) calendar days of the date the application is filed.

Section 5. SAFE Certification Process.

(1) The cabinet shall process a SAFE application without requiring an interview.

(2) Information necessary to certify a SAFE application shall be obtained from SDX with the exception of the information provided by the applicant on the SF-1 or the SF-2, Simplified Assistance for the Elderly (SAFE) Recertification Form.

(3) The cabinet shall certify an eligible household for SAFE benefits for up to thirty-six (36) months.

(4) In accordance with 7 C.F.R. 273.10(g), the cabinet shall send an applicant a notice upon certification or denial.

(5) In the month preceding the last month of the household's certification period, the cabinet shall send a SAFE household an SF-2.

Section 6. SAFE Benefits.

(1) The cabinet shall provide a SAFE household a standard monthly benefit amount approved by the U.S. Department of Agriculture's Food and Nutrition Service and listed in the SF-1.

(2) The standard SAFE benefit amounts shall be based on:

(a) Shelter costs;

(b) Household size; and

Section 7. Changes in Household Circumstances.

(1) A household receiving SAFE benefits shall not be required to report any changes during the certification period.

(2) The cabinet shall process changes in household circumstances based on information received from SDX.

(3) If information voluntarily reported by the household is contradictory to SDX data, the cabinet shall not act upon the information unless the information is a change in a household member's:

(a) Name;

(b) Date of birth; or

(4) Unless a change in household circumstance results in a change in benefits, the cabinet shall not provide a SAFE household with notification of a change being made in household circumstances.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "SF-1, Simplified Assistance for the Elderly (SAFE) Application", 10/17; and

(b) "SF-2, Simplified Assistance for the Elderly (SAFE) Recertification Form", 10/17.

History

RELATES TO: 7 C.F.R. 273.1, 273.2, 273.9, 273.10, 273.12, 273.14
STATUTORY AUTHORITY: KRS 194A.050(1), 7 C.F.R. 271.4
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 7 C.F.R. 271.4 delegates the administration of the Supplemental Nutrition Assistance Program (SNAP) to the state agency. This administrative regulation establishes requirements for the Simplified Assistance for the Elderly Program (SAFE), a demonstration project administered by the cabinet to improve access to SNAP for elderly and disabled individuals.
History: 33 Ky.R. 1766; 2332; eff. 3-9-2007; 35 Ky.R. 1947; 2078; 2302 eff. 3-11-2009; 38 Ky.R. 416; eff. 10-19-2011; 39 Ky.R. 2218; 40 Ky.R. 21; eff. 7-17-2013; 40 Ky.R. 1373; 1740; eff. 2-19-2014; 41 Ky.R. 647; eff. 11-19-2014; 42 Ky.R. 624; eff. 11-18-2015; 44 Ky.R. 1155; eff. 1-18-2018; TAm eff. 6-24-2021; Cert eff. 12-12-2024.

921 KAR 3:095 Elderly Simplified Application Project or "ESAP" {#sec-921-kar-3-095 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:095}

Section 1. Definitions.

(1) "Elderly Simplified Application Project" or "ESAP" means a SNAP program for individuals who are age sixty (60) and older or disabled, with no earned income.

(2) "Regular SNAP benefits" means SNAP benefits received in accordance with the procedures established in:

(a) 921 KAR 3:020, Financial requirements;

(b) 921 KAR 3:027, Technical requirements;

(d) 921 KAR 3:035, Certification process.

(3) "Shelter costs" means monthly rent or mortgage expenses as stated by the applicant.

Section 2. ESAP Program Procedures. Unless a different procedure or process for a SNAP requirement is specified in this administrative regulation, all SNAP requirements specified in 921 KAR Chapter 3 shall apply to ESAP, including the process for:

(1) A fair hearing;

(2) An administrative disqualification hearing;

(3) An appeal;

(4) A disqualification;

(5) A claim and collection of a claim; and

(6) EBT issuance.

Section 3. Eligibility for ESAP.

(1) With the exception established in subsection (4) of this section, an individual shall qualify for ESAP benefits if the individual:

(a) Is a Kentucky resident;

(b) Is:

Age sixty (60) or older; or
Disabled;

(d) Is not institutionalized.

(2) If an individual who otherwise meets the requirements established in subsection (1) of this section resides with an individual who is not a member of the applicant's household as defined in 921 KAR 3:010, the individual shall be eligible if food is purchased and prepared separately.

(3) The cabinet shall use available computer matches to verify an applicant's marital and institutional status.

(4) Except as permitted by subsection (6) of this section, if a household member does not meet the criteria established in subsection (1) or (2) of this section, the household:

(a) Shall not be eligible for ESAP; and

(b) May apply for regular SNAP benefits in accordance with 921 KAR 3:030.

(5) An individual shall not receive ESAP benefits and regular SNAP benefits at the same time.

(6) A child under the age of eighteen (18) who resides with an individual who is eligible for ESAP may be included in the household.

Section 4. ESAP Application Process.

(1) ESAP eligibility shall be reviewed when an application for SNAP benefits is completed and submitted to the cabinet.

(2) In accordance with 7 C.F.R. 273.2(g), the cabinet shall provide an eligible household an opportunity to participate within thirty (30) calendar days of the date the application required by subsection (1) is submitted to the cabinet.

Section 5. ESAP Certification Process.

(1) The cabinet shall process a SNAP application pursuant to 921 KAR 3:030.

(2) Information necessary to certify a household for ESAP shall be obtained from computer matches, with the exception of information considered questionable.

(3) The cabinet shall certify an eligible household for ESAP benefits for thirty-six (36) months, with a reminder notice of change reporting requirements sent in the 11th month and 23rd month of the certification period.

(4) In accordance with 7 C.F.R. 273.10(g), the cabinet shall send an applicant a notice of certification or denial.

(5) In the month preceding the last month of the household's certification period, the cabinet shall send a program participant an "ESAP-2, Elderly Simplified Assistance Project (ESAP) Recertification," which shall be submitted to the cabinet prior to the end of the certification period for consideration of continued eligibility.

Section 6. ESAP Benefits.

(1) The cabinet shall notify an ESAP household of their approved monthly benefit amount.

(2) The ESAP benefit amount shall be based on:

(a) Shelter costs;

(b) Household size; and

Section 7. Changes in Household Circumstances.

(1) A household receiving ESAP benefits shall be required to report changes to the cabinet that result in an individual no longer meeting the eligibility requirements of Section 3 of this administrative regulation within ten (10) calendar days.

(2) The cabinet shall process changes in household circumstances based on information received from computer matches.

(3) If information voluntarily reported by the household is contradictory to computer match data, the cabinet shall not act upon the information until the next recertification unless the information is a change in a household member's:

(a) Name;

(b) Date of birth; or

(4) If a change in household circumstances results in a change in the benefit amount, the cabinet shall provide the household with notice of the change.

Section 8. Incorporation by Reference.

(1) "ESAP-2, Elderly Simplified Assistance Project (ESAP) Recertification," 06/23, is incorporated by reference.

History

RELATES TO: 7 C.F.R. 273.2, 273.10
STATUTORY AUTHORITY: KRS 194A.050(1), 205.1783, 7 C.F.R. 271.4
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.1783(1)(b) requires the cabinet to request a waiver from the United States Department of Agriculture to implement an Elderly Simplified Application Project for individuals who have no earned income and who are over sixty (60) years of age or who are disabled. KRS 205.1783(f) requires the cabinet to promulgate administrative regulations necessary to administer this section. 7 C.F.R. 271.4 delegates the administration of the Supplemental Nutrition Assistance Program (SNAP) to the state agency. This administrative regulation establishes requirements for the Elderly Simplified Application Project (ESAP), a demonstration project administered by the cabinet to improve access to SNAP for elderly and disabled individuals.
History: 50 Ky.R. 288, 823; eff. 10-25-2023.

921 KAR 3:100 Transitional benefit alternative {#sec-921-kar-3-100 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:100}

Section 1. Definitions.

(1) "Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

(2) "Regular SNAP benefits" means SNAP benefits received in accordance with the procedures established in:

(a) 921 KAR 3:020, Financial requirements;

(b) 921 KAR 3:027, Technical requirements;

(d) 921 KAR 3:035, Certification process.

(3) "Transitional benefit alternative" or "transitional benefits" means a consistent SNAP benefit amount received for a period of up to five (5) months during which a household transitions out of KTAP.

Section 2. Transitional Benefit Alternative Program Procedures. Unless a different procedure or process for a SNAP requirement is specified in this administrative regulation, all SNAP requirements specified in 921 KAR Chapter 3 shall apply to transitional benefits, including the process for:

(1) A fair hearing;

(2) An administrative disqualification hearing;

(3) An appeal;

(4) A disqualification;

(5) A claim and collection of a claim; and

(6) EBT issuance.

Section 3. Eligibility for a Transitional Benefit Alternative.

(1) An individual shall qualify for transitional benefits if the individual:

(a) Resides in a household where all members were receiving KTAP; and

(b) KTAP eligibility ends due to the addition of earned income.

(2) An individual may apply for regular SNAP benefits at any time in accordance with 921 KAR 3:030.

(3) The cabinet shall not provide transitional benefits to an individual who is no longer eligible for KTAP because:

(a) Of a full-family TANF sanction; or

(b) All household members are ineligible to receive SNAP benefits because they are:

Disqualified for an intentional program violation;
Ineligible for failure to comply with a work requirement;
Ineligible students;
Ineligible immigrants;
Disqualified for failing to provide information necessary for making a determination of eligibility or for completing any subsequent review of eligibility;
Disqualified for knowingly transferring resources for the purpose of qualifying or attempting to qualify for the program;
Disqualified for receipt of multiple SNAP benefits;
Disqualified for being a fleeing felon; or
An able-bodied adult without dependents who failed to comply with work reporting requirements.

(4) An individual shall not receive transitional benefits and regular SNAP benefits at the same time.

Section 4. Transitional Benefit Alternative Recertification Process.

(1) The individual shall be required to recertify for regular SNAP benefits in the fifth (5th) month of receiving transitional benefits.

(2) A SNAP certification period may be extended in order to provide up to five (5) months of transitional benefits.

(3) If an individual receiving transitional benefits becomes eligible to receive KTAP during the transitional period, the cabinet shall use the information from a KTAP application to redetermine continued SNAP eligibility and benefits while the KTAP application is being processed.

History

RELATES TO: 7 C.F.R. 273.26 - 273.32
STATUTORY AUTHORITY: KRS 194A.050(1), 205.1783(1)(a), 7 C.F.R. 271.4
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.1783(1)(a) requires the cabinet to establish a transitional benefit alternative as described in 7 C.F.R. 273.26 to 273.32. 7 C.F.R. 271.4 delegates the administration of the Supplemental Nutrition Assistance Program (SNAP) to the state agency. This administrative regulation establishes a SNAP transitional benefit alternative.
History: 50 Ky.R. 1226; eff. 2-20-2024.

Chapter 4 Energy Assistance Program/Weatherization

921 KAR 4:116 Low Income Home Energy Assistance Program or "LIHEAP" {#sec-921-kar-4-116 omnilex-key=us-ky-regs-official--title-921--921 KAR 4:116}

Section 1. Definitions.

(1) "Agency" means Community Action Kentucky (CAK), or a local community action agency contracted to provide LIHEAP.

(2) "Annual low income home energy assistance program state plan" means an application prepared in accordance with 42 U.S.C. 8624(c) and 45 C.F.R. Part 96, Subpart H, sections 96.83 to 96.87.

(3) "Authorized representative" means the person who presents to an agency a written statement signed by the head of the household, or spouse of the head of the household, authorizing that person to apply on the household's behalf.

(4) "Crisis component" means the component that provides assistance to households that are experiencing a home heating or cooling crisis.

(5) "Economic unit" means one (1) or more persons sharing common living arrangements.

(6) "Emergency" means, at the time of application, the household:

(a) Is without heat;

(b) Will be disconnected from a utility service within forty-eight (48) hours;

(d) Will be without cooling as specified in Section 3 of this administrative regulation.

(7) "Energy" means electricity, gas, and other fuel that is used to sustain reasonable living conditions.

(8) "Gross household income" means all earned and unearned income, including lump sum payments received by a household during the calendar month preceding the month of application.

(9) "Heating season" means the period from October through April.

(10) "Household" means an individual or group of individuals who are living together in the principal residence as one (1) economic unit and who purchase energy in common.

(11) "Household demographics" means an applicant's:

(a) Address;

(b) Household composition that includes:

Size;
Age group;
Relationship to applicant;
Sources of income;
Liquid assets; and
Type of housing; and

(12) "Level of poverty" or "poverty level" means the degree to which a household's gross income matches the official poverty income guidelines published annually in the Federal Register by the U.S. Department of Health and Human Services, under authority of 42 U.S.C. 9902(2).

(13) "Life-threatening situation" means, at the time of application, a household is or will be without heat or cooling within eighteen (18) hours and temperatures are at a dangerous level as determined by the National Weather Service.

(14) "Principal residence" means the place:

(a) Where a person is living voluntarily and not on a temporary basis;

(b) An individual considers home;

(d) Is identifiable from another residence, commercial establishment, or institution.

(15) "Subsidy component" means the heating or cooling component that provides an eligible household with:

(a) A payment to the household's energy provider; or

(b) A payment to a landlord, if utilities are included in the rent.

Section 2. Application.

(1) A household or authorized representative applying for LIHEAP shall provide to an agency the following:

(a) Proof of household income;

(b) Most recent:

Heating bill;
Cooling bill; or
Verification that heating or cooling is included in the rent;

(d) A Social Security number, or a permanent residency card, for each household member.

(2) An application shall not be considered complete until the required information, as specified in subsection (1) of this section, is received by the agency.

Section 3. Eligibility Criteria.

(1) Income. Gross household income shall be at or below 130 percent of the official poverty income guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services pursuant to 42 U.S.C. 9902(2), unless:

(a) Program funding is enhanced through a federal or state award; or

(b) The cabinet approves an increase to the poverty income guidelines due to funding availability.

(2) The household shall be responsible for paying:

(a) Home heating;

(b) Cooling costs; or

(3) Crisis component. In addition to meeting the criteria in subsections (1) and (2) of this section, an applicant shall:

(a) Be within four (4) days of running out of fuel, if propane, fuel oil, coal, wood, or kerosene is the primary heat source;

(b) Have received a past-due or disconnect notice, if natural gas or electric is the primary heat or cooling source; or

(c) Have received a notice of eviction for nonpayment of rent, if home heating or cooling cost is included as an undesignated portion of the rent.

(4) Summer cooling component. In addition to meeting the criteria in subsections (1) and (2) of this section, to be eligible to receive an air conditioner unit, an applicant shall:

(a) Be without an adequate source of cooling; and

(b) Have a household member who:

Has a health condition that requires cooling to prevent further deterioration, verified by a physician's statement prepared on the physician's letterhead;
Is sixty-five (65) years of age or older; or
Is under the age of six (6) years.

Section 4. Benefits.

(1) For a subsidy component, payment to the household's heating or cooling provider shall be made for the full benefit amount as follows:

(a) Benefits shall be determined prior to implementation of the component, based upon calculations from fuel usage data and from an average heating season energy cost for the six (6) primary heating fuels.

(b) The amount of benefits shall be based upon household income and type of heating or cooling source used.

(d) Benefits shall be a percentage of the average annual heating season energy cost of the primary heating fuel.

(e) A household living in federally assisted housing or receiving a utility allowance shall be eligible for lower benefits.

(2) For a crisis component, benefits shall be the minimum amount necessary to alleviate a heating or cooling crisis. A household living in federally assisted housing may be eligible.

(a) A benefit may be:

Fuel or other energy source for heating or cooling;
A space heater loaned on a temporary basis until:

a. Fuel is delivered; or

b. Another resource is located to alleviate the crisis;

A blanket or sleeping bag;
Emergency shelter; or
An air conditioner unit.

(b) In determining the minimum amount of assistance, an agency shall take into consideration a direct subsidy for payment of utility cost received by the household from another program.

(c) A household may receive assistance more than one (1) time, but shall not receive more than the maximum allowable during each component period for the primary heating fuel or cooling source. The maximum allowable benefit shall equal cost for delivery up to:

Two (2) tons of coal;
Two (2) cords of wood;
200 gallons of propane;
200 gallons of fuel oil;
200 gallons of kerosene; or
$400 for natural gas or electric, unless:

a. Program funding is enhanced through a federal or state award; or

b. The cabinet approves an increase to the benefit amount due to funding availability.

(d) A household threatened with eviction whose heat or cooling costs are an undesignated portion of the rent shall not receive more than the maximum allowable payment for the primary heating fuel or cooling source.

(3) For cooling component benefits, a household shall be eligible for:

(a) A one (1) time subsidy payment during each component period to the household's:

Electric utility provider; or
Landlord, if the cost of cooling is included as an undesignated portion of the rent;

(b) An air conditioner unit, if:

Criteria in Section 3(4) of this administrative regulation are met; and
The agency has the funding to purchase an air conditioner unit or has an air conditioner unit available for the household; and

The household's level of poverty, unless program funding is enhanced through a federal or state award or the cabinet approves an increase to the poverty income guidelines due to funding availability; and

a. Subsidized housing with:

(i) Zero percent to one hundred (100) percent of poverty receiving up to one hundred (100) dollars; or

(ii) 101 percent to 150 percent of poverty receiving up to $200; or

b. Nonsubsidized housing with:

(i) Zero to one hundred (100) percent of poverty receiving up to $400; or

(ii) 101 percent to 150 percent of poverty receiving up to $300.

Section 5. Benefit Delivery Methods.

(1)

(a) Payment under a subsidy component shall be authorized by a one (1) party check made payable to the household's:

Energy provider; or
Landlord, if the cost of heating or cooling is included as an undesignated portion of rent.

(b) At the recipient's discretion, the total benefit may be made in separate authorizations to more than one (1) provider if heating or cooling services were provided by more than one (1) provider. However, the total amount of the payments shall not exceed the maximum for the primary source of heating or cooling.

(2) For a crisis component, a direct cash payment shall not be made to the recipient. A payment shall be authorized to:

(a) An energy provider by a one (1) party check upon delivery of fuel, restoration, or continuation of service;

(b) A vendor who supplies a heater, blanket, emergency lodging, or air conditioning unit; or

Section 6. Right to a Fair Hearing.

(1) An individual who has been denied assistance or whose application has not been acted upon in accordance with time standards established in Section 8 of this administrative regulation shall be provided an administrative review by the agency.

(2) An individual dissatisfied with the results of an administrative review may request a hearing to be held in accordance with 921 KAR 2:055.

Section 7. Vendor Selection for Nonmetered Fuel Provider.

(1) Subsidy component.

(a) An agency shall solicit vendors for all nonmetered fuels and shall establish an approved vendor listing.

(b) The agency shall place an advertisement for interested vendors in a local newspaper with the largest circulation and shall contact all vendors in good standing that participated in the program during the last contract period.

(c) A potential vendor shall provide the agency with a fixed price in gallons for kerosene, propane or fuel oil, cords for wood, or tons for coal, delivered or picked up by the client.

(d) A prospective vendor shall:

Allow agency and authorized federal or state representatives to inspect records upon request;
Maintain records to financial transactions regarding LIHEAP for a period of three (3) years;
Inform the agency if information is received that a household has obtained a benefit by misrepresentation;
Provide fuel as specified and at the price quoted;
Comply with federal and state law pertaining to equal employment opportunity; and
Comply with billing procedures established by the agency.

(e) A household shall select a vendor from the agency's approved vendor list.

(2) Crisis component.

(a) Each agency shall perform a local price survey for each bulk fuel type and shall establish a reasonable price for quality of fuel, delivery and on-site pick-up for each fuel type.

(b) Each agency shall maintain a list of approved vendors and prices throughout the crisis component.

(c) A household may use its regular vendor if the price does not exceed the established price for that fuel type and mode of delivery.

(d) For a household with no regular vendor, the agency shall select from its vendor list the lowest priced vendor capable of providing fuel within:

Eighteen (18) hours for a life-threatening situation; or
Forty-eight (48) hours for an emergency situation.

Section 8. Time Standards.

(1) Under a subsidy component, an eligibility determination shall be made by an agency within five (5) working days after receipt of information required by Section 2 of this administrative regulation.

(2) Under a crisis or cooling component, benefits shall be authorized so that a:

(a) Crisis situation is resolved within forty-eight (48) hours; or

(b) Life-threatening situation is resolved within eighteen (18) hours.

(3) Under a subsidy, crisis or cooling component, an applicant shall have five (5) working days from the date of application to provide required information to an agency as specified in Section 2 of this administrative regulation, or the application shall be denied.

Section 9. Effective Dates.

(1) Implementation and termination dates for LIHEAP shall depend upon the availability of funds.

(2) If additional federal funds are made available, LIHEAP may be reactivated after termination under the same terms and conditions as shown in this administrative regulation.

Section 10. Allocation of Federal Funds.

(1) An amount of federal funds sufficient to provide benefits to eligible households that apply during the subsidy application period shall be reserved for a subsidy component.

(2) The balance of benefit funds for LIHEAP shall be reserved for a crisis component as follows:

(a) Benefit funds reserved for the crisis component shall be allocated based upon each local administering agency's percentage of the statewide population at or below 130 percent of the poverty level unless:

Program funding is enhanced through a federal or state award; or
The cabinet approves an increase to the poverty income guidelines due to funding availability.

(b) $400,000 of crisis benefit funds shall be identified as contingency funds and allocated to agencies based on need as approved in advance by the cabinet.

(3) $25,000 or more shall be reserved for the Preventive Assistance Program to assist families with an energy payment not to exceed $300 for each family if the payment:

(a) Prevents the removal of a child from the family; or

(b) Assists in reuniting a child with the family.

Section 11. Energy Provider Responsibilities. A provider accepting payment from LIHEAP for energy or services provided to an eligible recipient shall comply with the following provisions:

(1) Reconnection of utilities and delivery of fuel during a crisis component shall be accomplished upon certification for payment.

(2) A household shall be charged, in the normal billing process, the difference between actual cost of the home energy and amount of payment made through this program.

(3) A LIHEAP recipient shall be treated the same as a household not receiving benefits.

(4) The household on whose behalf benefits are paid shall not be discriminated against, either in the costs of goods supplied or the services provided.

(5) A landlord shall not increase the rent of a recipient household due to receipt of a LIHEAP payment.

Section 12. Annual Plan. A copy of the state's annual Low Income Home Energy Assistance Program state plan prepared in accordance with 42 U.S.C. 8624(c) and 45 C.F.R. Part 96, Subpart H, sections 96.83 to 96.87 may be obtained by a request in writing made to the Commissioner of the Department for Community Based Services, Cabinet for Health and Family Services, 275 East Main Street, Frankfort, Kentucky 40621.

History

RELATES TO: KRS 45.357, 194A.010, 194A.060, 194A.070, 45 C.F.R. Part 96 Subpart H, 42 U.S.C. 8621-8627, 42 U.S.C. 9902(2)
STATUTORY AUTHORITY: KRS 194A.050(1), 42 U.S.C. 8621
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. The Cabinet for Health and Family Services has the responsibility under 42 U.S.C. 8621 to administer the Low Income Home Energy Assistance Program to help low-income households meet the cost of home energy. This administrative regulation establishes the eligibility and benefits criteria for heating and cooling assistance. This administrative regulation imposes a stricter requirement than the federal mandate because additional reporting requirements are necessary to comply with KRS 45.357. The imposition of additional requirements and responsibilities is to ensure necessary compliance with applicable state laws.
History: 11 Ky.R. 916; eff. 12-11-84; 1945; eff. 7-9-1985; 12 Ky.R. 623; eff. 12-10-1985; 13 Ky.R. 980; eff. 12-2-1986; 14 Ky.R. 648; eff. 11-6-1986; 1699; 1904; eff. 3-10-1988; 15 Ky.R. 658; eff. 9-21-1988; 1303; eff. 1-7-1989; 16 Ky.R. 1706; 2146; 4-12-1990; 17 Ky.R. 2279; 2955; eff. 4-4-1991; 18 Ky.R. 2039; 2826; eff. 2-26-1992; 19 Ky.R. 1225; 1567; eff. 1-4-1993; 20 Ky.R. 2253; eff. 3-14-1994; 21 Ky.R. 2545; eff. 5-19-1995; 22 Ky.R. 2158; eff. 7-5-1996; 25 Ky.R. 2009; 2394; eff. 4-14-1999; Recodified from 904 KAR 2:116, 6-3-1999; 29 Ky.R. 1705; 2112; eff. 2-13-2003; TAm eff. 10-27-2004; TAm eff. 8-1-2005; 32 Ky.R. 1806; 2019; eff. 6-2-2006; 35 Ky.R. 1935; 2450; eff. 6-5-2009; 47 Ky.R. 215; eff. 10-22-2020; 48 Ky.R. 689; eff. 11-23-2021.

921 KAR 4:122 Assistance for low-income households with water or wastewater utility arrears {#sec-921-kar-4-122 omnilex-key=us-ky-regs-official--title-921--921 KAR 4:122}

Section 1. Definitions.

(1) "Agency" means Community Action Kentucky (CAK), or a local community action agency contracted to provide the service.

(2) "Authorized representative" means the person who presents to an agency a written statement signed by the head of the household, or spouse of the head of the household, authorizing that person to apply on the household's behalf.

(3) "Crisis component" means the component that provides assistance to households that are experiencing a home water or wastewater emergency.

(4) "Economic unit" means one (1) or more persons sharing common living arrangements.

(5) "Emergency" means, at the time of application, the household:

(a) Is without water;

(b) Shall be disconnected from a water utility service within forty-eight (48) hours; or

(6) "Gross household income" means all earned and unearned income, including lump sum payments received by a household during the calendar month preceding the month of application.

(7) "Household" means an individual or group of individuals who are living together in the principal residence as one (1) economic unit and who purchase water or wastewater in common.

(8) "Household demographics" means an applicant's:

(a) Address;

(b) Household composition that includes:

Size;
Age group;
Relationship to applicant;
Sources of income; and
Type of housing; and

(9) "Principal residence" means the place:

(a) Where a person is living voluntarily and not on a temporary basis;

(b) An individual considers home;

(d) Is identifiable from another residence, commercial establishment, or institution.

(10) "Subsidy component" means the component that provides an eligible household with:

(a) A payment to the household's water or wastewater provider; or

(b) A payment to a landlord, if water or wastewater is included in the rent.

Section 2. Application.

(1) A household or authorized representative applying for water or wastewater utility assistance shall provide to an agency the following:

(a) Proof of household income;

(b) The most recent:

Water bill;
Wastewater bill; or
Verification that water or wastewater is included in the rent;

(d) A Social Security number, or a permanent residency card, for each household member.

(2) An application shall not be considered complete until the required information, as specified in subsection (1) of this section, is received by the agency.

Section 3. Eligibility Criteria.

(1) Gross household income shall be at or below 150 percent of the official federal poverty income guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services pursuant to 42 U.S.C. 9902(2).

(2) The household shall be responsible for paying:

(a) The water or wastewater bill; or

(b) Water or wastewater costs as a portion of the rent.

(3) Crisis component. In addition to meeting the criteria in subsections (1) and (2) of this section, an applicant shall have:

(a) Water or wastewater utility arrears;

(b) Entered into a payment plan due to water or wastewater utility arrears;

(d) A currently disconnected water or wastewater service; or

(e) Received a notice of eviction due to nonpayment of rent, if water or wastewater cost is included as a portion of the rent.

Section 4. Assistance.

(1) For a subsidy component, a maximum assistance amount of $400 may be provided for a current water utility bill or water utility arrears, a current wastewater utility bill or wastewater utility arrears, or a combination thereof. Payment shall be made to the household's water or wastewater provider, or landlord if the utility is included in rent, as follows:

(a) The amount of assistance shall be based upon household income and whether the household is responsible for water, wastewater, or both.

(b) A household living in federally assisted housing or receiving a utility allowance shall be eligible for a lesser amount of assistance.

(2) For a crisis component, a maximum assistance amount of $800 may be provided for water utility arrears, wastewater utility arrears, or a combination thereof. Payment shall be made to the household's water or wastewater provider, or landlord if the utility is included in rent, as follows:

(a) The amount of assistance shall be the minimum needed to address the household's arrearages or alleviate a water or wastewater emergency.

(b) A household living in federally assisted housing may be eligible.

(c) A household may receive crisis component assistance more than one (1) time, but shall not receive more than the maximum assistance amount unless a case-by-case determination is made that no other funding source is available to alleviate a household emergency.

(3) A household may receive assistance for subsidy, crisis, or both.

Section 5. Assistance Delivery Method. Payment shall be authorized by a one (1) party check made payable to the household's:

(1) Water or wastewater utility provider or providers; or

(2) Landlord, if the cost of water or wastewater is included as a portion of the rent.

Section 6. Right to a Fair Hearing.

(1) An individual who has been denied assistance or whose application has not been acted upon within the time standards established in Section 7 of this administrative regulation shall be provided an administrative review by the agency.

(2) An individual dissatisfied with the results of an administrative review may request a hearing be held in accordance with 921 KAR 2:055 and KRS Chapter 13B.

Section 7. Time Standards.

(1) An eligibility determination shall be made by an agency within fifteen (15) working days after receipt of information required by Section 2 of this administrative regulation.

(2) An applicant shall have fifteen (15) working days from the date of application to provide the information required by Section 2 of this administrative regulation to an agency, or the application shall be denied.

Section 8. Water or Wastewater Provider Responsibilities. A provider accepting payment pursuant to this administrative regulation for water or wastewater utility services provided to an eligible recipient shall comply with the following provisions:

(1) Reconnection of utilities shall be accomplished upon receipt of payment.

(2) A household shall be charged, in the normal billing process, the difference between actual cost of water or wastewater and amount of payment made pursuant to this administrative regulation.

(3) An assistance recipient shall be treated the same as a household not receiving this assistance, with the exception established in KRS 278.0154(6).

(4) The household on whose behalf assistance is provided shall not be discriminated against in the services provided.

(5) A landlord shall not increase the rent of a recipient household due to receipt of assistance provided pursuant to this administrative regulation.

History

RELATES TO: KRS Chapter 13B, 194A.070, KRS 205.240, 278.0154(6), 42 U.S.C. 9902(2), Pub.L. 116-260, Pub.L. 117-2
STATUTORY AUTHORITY: KRS 194A.050(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to adopt administrative regulations necessary to maintain the health, personal dignity, integrity, and sufficiency of the individual citizens of the Commonwealth and promulgate administrative regulations necessary to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 194A.070 authorizes the cabinet to utilize and promote community resources for the delivery of services. KRS 205.240 states that all money received from the United States for the public assistance functions administered by the cabinet are hereby appropriated and shall be available to the secretary for expenditure. This administrative regulation establishes the eligibility and assistance criteria for low-income households to receive assistance with paying water or wastewater utility arrears.
History: 18 Ky.R. 1752; 2281; eff. 1-10-1992; Recodified from 905 KAR 8:190, 10-30-1998; Recodified from 923 KAR 1:190, 7-8-1999; Recodified from 908 KAR 2:190, 6-19-2009; 37 Ky.R. 1866; 2185; 4-1-2011; 39 Ky.R. 164; 490; eff. 9-19-2012; 40 Ky.R. 895; 1296; eff. 1-3-2014; 48 Ky.R. 1956, 2490; eff. 6-2-2022.

Title 921 KAR — Cabinet for Health and Family Services - Department for Community-based Services - Family Support

Chapter 1 Child Support

921 KAR 1:390 Child Support Enforcement Program paternity establishment {#sec-921-kar-1-390 omnilex-key=us-ky-regs-official--title-921--921 KAR 1:390}

Chapter 2 K-TAP, Kentucky Works, Welfare to Work, State Supplementation

921 KAR 2:006 Technical requirements for the Kentucky Transitional Assistance Program (KTAP) {#sec-921-kar-2-006 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:006}

921 KAR 2:015 Supplemental programs for persons who are aged, blind, or have a disability {#sec-921-kar-2-015 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:015}

921 KAR 2:016 Standards of need and amount for the Kentucky Transitional Assistance Program (KTAP) {#sec-921-kar-2-016 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:016}

921 KAR 2:017 Kentucky Works Program (KWP) supportive services {#sec-921-kar-2-017 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:017}

921 KAR 2:035 Right to apply and reapply {#sec-921-kar-2-035 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:035}

921 KAR 2:040 Procedures for determining initial and continuing eligibility {#sec-921-kar-2-040 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:040}

921 KAR 2:046 Adverse action; conditions {#sec-921-kar-2-046 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:046}

921 KAR 2:050 Time and manner of payments {#sec-921-kar-2-050 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:050}

921 KAR 2:055 Hearings and appeals {#sec-921-kar-2-055 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:055}

921 KAR 2:060 Delegation of power for oaths and affirmations {#sec-921-kar-2-060 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:060}

921 KAR 2:370 Technical requirements for Kentucky Works Program (KWP) {#sec-921-kar-2-370 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:370}

921 KAR 2:500 Family Assistance Short Term (FAST) {#sec-921-kar-2-500 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:500}

921 KAR 2:510 Relocation Assistance Program (RAP) {#sec-921-kar-2-510 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:510}

921 KAR 2:520 Work Incentive (WIN) {#sec-921-kar-2-520 omnilex-key=us-ky-regs-official--title-921--921 KAR 2:520}

Chapter 3 Supplemental Nutrition Assistance Program

921 KAR 3:010 Definitions {#sec-921-kar-3-010 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:010}

921 KAR 3:020 Financial requirements {#sec-921-kar-3-020 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:020}

921 KAR 3:027 Technical requirements {#sec-921-kar-3-027 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:027}

921 KAR 3:030 Application process {#sec-921-kar-3-030 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:030}

921 KAR 3:035 Certification process {#sec-921-kar-3-035 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:035}

921 KAR 3:042 Supplemental Nutrition Assistance Program Employment and Training Program {#sec-921-kar-3-042 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:042}

921 KAR 3:045 Issuance procedures {#sec-921-kar-3-045 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:045}

921 KAR 3:050 Claims and additional administrative provisions {#sec-921-kar-3-050 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:050}

921 KAR 3:060 Administrative disqualification hearings and penalties {#sec-921-kar-3-060 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:060}

921 KAR 3:070 Fair hearings {#sec-921-kar-3-070 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:070}

921 KAR 3:090 Simplified assistance for the elderly program or ''SAFE'' {#sec-921-kar-3-090 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:090}

921 KAR 3:095 Elderly Simplified Application Project or "ESAP" {#sec-921-kar-3-095 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:095}

921 KAR 3:100 Transitional benefit alternative {#sec-921-kar-3-100 omnilex-key=us-ky-regs-official--title-921--921 KAR 3:100}

Chapter 4 Energy Assistance Program/Weatherization

921 KAR 4:116 Low Income Home Energy Assistance Program or "LIHEAP" {#sec-921-kar-4-116 omnilex-key=us-ky-regs-official--title-921--921 KAR 4:116}

921 KAR 4:122 Assistance for low-income households with water or wastewater utility arrears {#sec-921-kar-4-122 omnilex-key=us-ky-regs-official--title-921--921 KAR 4:122}

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