Current through Register Vol. 47, No. 5, March 10, 2024
3.606.1
Basic Cash Assistance
A. Payment of Basic Cash Assistance (BCA)
Grants
Counties or groups of county departments shall not reduce the
BCA grant, restrict eligibility, or impose sanctions that are inconsistent with
state and federal laws or the rules of this Section 3.606.1.
B. Unreimbursed Public Assistance
The BCA grant shall be considered part of the Unreimbursed
Public Assistance (UPA) as defined in the Child Support Services rule manual at
9 CCR
2504-1 Section 6.002.
C. Recipient's Right to Decide
In accordance with the principle of the unrestricted money
payment, a client shall have the right to decide how any payment received shall
be spent.
D. Vendor
Payments for client Protection
The county may pay the basic cash assistance grant to vendors
on behalf of the client with the client's voluntary agreement. In all other
situations the payment shall be made to the client.
E. Considering Income for Eligibility and
Payment
Applications received will be certified for six (6)
consecutive months beginning the first month the assistance unit is found
eligible for basic cash assistance. The certification period consists of the
calendar months beginning with the first day of the budget month (day/month the
application is received and the assistance unit is found eligible) and ending
with the last day of the sixth (6th) month (unless found ineligible) in which
financial assistance is provided and that is intended to cover the ongoing
basic needs of the assistance unit.
For eligibility and payment, income shall be considered in
the month of application and throughout the certification period. This is also
true for redetermination and establishing a new certification period going
forward. The following calculation shall be used: countable earned income minus
applicable earned income disregards, plus countable unearned income.
F. Determining Eligibility for
Basic Cash Assistance Grant Based on the Need Standard
The basic cash assistance grant shall be determined based
upon income using the following need standard. If the participant has zero
income the following cash payment shall be received based upon those included
in the assistance unit:
COLORADO WORKS STANDARDS OF ASSISTANCE CHART
|
Number of Children
|
0
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
Each Additional Child
|
|
No Caretaker
|
Need Standard
|
0
|
117
|
245
|
368
|
490
|
587
|
678
|
755
|
830
|
904
|
977
|
67
|
|
Grant Standard
|
0
|
156
|
326
|
489
|
653
|
783
|
904
|
1007
|
1105
|
1205
|
1315
|
82
|
|
One Caretaker
|
Need Standard
|
253
|
331
|
421
|
510
|
605
|
697
|
770
|
844
|
920
|
992
|
1065
|
67
|
|
Grant Standard
|
337
|
440
|
559
|
679
|
806
|
929
|
1026
|
1125
|
1225
|
1322
|
1418
|
82
|
|
Two Caretakers
|
Need Standard
|
357
|
439
|
533
|
628
|
716
|
787
|
861
|
937
|
1009
|
1082
|
1155
|
67
|
|
Grant Standard
|
475
|
585
|
710
|
836
|
953
|
1048
|
1147
|
1249
|
1345
|
1440
|
1538
|
82
|
G.
Pregnancy Allowance
Upon verification of pregnancy, pregnant parents are eligible
for the basic cash assistance grant plus a ten dollar ($10.00) pregnancy
allowance. The client is eligible for the pregnancy allowance through the month
in which the pregnancy ends.
H. Gross Income
To be eligible for Colorado Works basic cash assistance, the
countable gross earned and unearned income together shall not exceed the need
standard for the household size after disregards have been applied in
accordance with section 3.606.2.
I. Calculation of the Basic Cash Assistance
Grant for an Eligible Assistance Unit
To calculate the basic cash assistance amount for an eligible
assistance unit:
1. Deduct the earned
income disregard(s) from the gross earned income, received or expected to be
received by members of the assistance unit, in the month of
application;
2. Add to the result
from step 1, above, the unearned income received or expected to be received by
members of the assistance unit;
3.
Deduct the total from step 2, above, from the grant amount for the household
size.
J. Reporting of
Earned Income
When the assistance unit reports earned income:
1. Apply the appropriate earned income
disregards to the gross earned income of each employed member of the budgetary
unit as described in Section 3.606.2; and,
2. Add the unearned income received by each
member of the budgetary unit; and,
3. Compare the total to the need standard for
the household size.
4. If the net
countable income equals or exceeds the need standard, the assistance unit is
not eligible for Colorado Works basic cash assistance.
K. Calculation of an Eligible Assistance Unit
To calculate the basic cash assistance grant amount for an
eligible assistance unit:
1. Deduct
the net countable income from the grant amount for the assistance unit;
and,
2. Drop the cents, and the
remainder is the authorized grant.
3.606.2
Earned Income Disregards
For all cases with eligible members that have earned income
(not including disqualified individuals), payment and eligibility will be
determined using the income disregards as described below. All payments shall
be calculated by using applicable disregards.
A. Earned Income Disregards Calculations
The following earned income disregards shall be applied to
gross wages for clients:
1. At
application the gross earned income minus the ninety dollar ($90) earned income
disregard, plus any countable unearned income received or expected to be
received by members of the assistance unit, shall not exceed the need standard
for the household size and shall be applied at application. If income does not
exceed the need standard for the household size, the sixty seven percent (67%)
disregard shall be applied to determine payment amount.
2. For an assistance unit currently receiving
basic cash assistance, the gross earned income minus the sixty seven percent
(67%) earned income disregard, plus any countable unearned income received or
expected to be received by members of the assistance unit, shall not exceed the
need standard for the household size and shall be applied during the
certification period. If income does not exceed the need standard for the
household size, the 67% disregard shall be applied to determine payment
amount.
B. Calculation
Steps
If the assistance unit is eligible, calculate the payment
utilizing the following steps:
1.
Deduct the earned income disregard(s) from the gross earned income, received by
or expected to be received by members of the assistance unit, in the month of
application;
2. Add to the result
from step 1, above, the unearned income received or expected to be received in
that month by members of the assistance unit;
3. Deduct the total resulting from step 2,
above, from the grant amount for the household size. The remainder is the grant
amount.
3.606.3
Changes and Reporting
Requirements
Colorado Works clients shall report information concerning
income, household composition, and residency. The income reporting standard for
an assistance unit is provided on the change report form and in noticing.
Information on such changes may be reported to the county of residence by use
of a change report form, the client's redetermination packet, and/or by making
the county aware of the change. Changes shall be reported by the tenth (10th)
of the month following the month the change occurred. The county must act on
all changes reported within ten (10) calendar days of the report by entering
the change into the statewide automated system. By acting on changes, the
county department shall determine eligibility.
A. Negative and positive changes during the
certification period
1. If the assistance unit
will receive an increase in grant payments as indicated by the total net change
of all changes in the month, the increase will affect the case the month
following the date the change is reported and verified.
2. If the assistance unit will receive a
decrease in grant payments, the grant payment amount will remain the same until
redetermination when a new payment amount will be set for the upcoming
certification period or the case discontinues.
The only decreases that occur during the certification period
are identified in section 3.606.3.C below. These changes take effect after
timely noticing is applied.
B. Limited reporting standard
A recipient with an established certification period must
report certain changes in household circumstances by the tenth (10th) day of
the month following the month in which the change occurred. The client will be
notified in writing of the changes they are required to report. The county
worker must act on reported changes within ten (10) calendar days from the date
the change is reported by entering the change into the statewide automated
system. The following changes must be reported during the certification
period:
1. When the income of the
assistance unit exceeds the income reporting standard for that assistance unit.
a. The reporting standard for earned income
is a reflection of the amount of earned income the household could receive and
still be eligible for Colorado Works after applicable disregards are applied
(calculated by dividing the need standard for the household by .33).
b. The reporting standard for unearned income
is the need standard for the household, as identified in 3.606.1.F.
2. When the assistance unit
receives earned or unearned income from a new source.
3. When a change to the number of people
living in the home occurs.
4. When
the assistance unit no longer resides at the address previously reported to the
county department.
C.
Ongoing eligibility and the effect of negative and positive changes to the
certification period
The certification period does not guarantee ongoing
eligibility. To remain eligible, the primary eligibility criteria must still be
met, including remaining below the need standard.
All changes are compared against the assistance unit size and
grant amount.
1. A negative change may
result in the reduction of payment or case closure before the end of the
certification period. When a negative change occurs, the reduction of payment
or closure shall take place after the appropriate noticing timeframe as
identified in 3.609.1.
A negative change shall include, but is not limited
to:
a. An increase in income in which
the budgetary unit's total countable income is over the need standard after
applicable income disregards are applied.
b. Income is received from a new source which
results in the exclusion of a member of the assistance unit.
c. A member leaves the household.
1) If the member leaving the home is the only
dependent child on the case.
2) If
a pregnancy ends.
3) When a
government agency provides information that a dependent child is no longer in
the household and the child's new household is in need of services (such as
child support) with a different caretaker or parent.
4) When a member leaves the home and applies
for assistance and/or someone is requesting assistance for that member during
the original assistance unit's certification period:
a) A new assistance unit may apply for the
member as he/she leaves the original assistance unit but the member shall not
receive a portion of the new assistance unit's basic cash assistance grant
until benefits have been terminated for that member in the original assistance
unit.
b) The individual is
considered to be a part of the original assistance and budgetary units during
the noticing period. After the noticing period, the grant amount for the
original assistance unit will be recalculated using the new household size and
benefits will continue as long as eligibility continues for that assistance
unit until the certification period ends.
5) When a member requests assistance to stop
for him or herself, or a caretaker who remains a part of the original
assistance unit requests that they stop receiving benefits for another member
who has left the home.
when a member of the assistance unit or budgetary unit leaves
the home, the individual's income shall be excluded beginning the first day of
the month following the month the individual reported they left the home and
the basic cash assistance grant adjusted accordingly.
d. An eighteen-year-old who is the
only dependent child graduates from high school or stops attending
school.
e. Death of a
client.
f. Imposing
sanctions.
g. Imposing actual
intentional program violation (IPV) penalties.
2. A positive change results in a payment
increase and shall be effective the month following the month the change is
reported and verified. Payments shall be adjusted accordingly and provided to
the recipient timely. A positive change shall include, but is not limited to:
a. Termination of or decrease in
income.
b. Adding a member to the
assistance unit.
1) The initial application
for Colorado Works is sufficient to cover all members who join the assistance
unit after initial application. Verification is still needed to establish
eligibility for the member joining the assistance unit.
2) A new member(s) who is added to an
existing assistance unit shall be added effective the first day of the
following month that the assistance unit reported the change and provided any
necessary verifications.
a) if the new member
has income, it will be considered income to the assistance unit in the month
that the new member joined the household. The income shall be used to determine
eligibility and payment according to the negative and positive change rules in
section 3.606.34.a.
b) if the new
member is a newborn and a pregnancy has been previously verified, the newborn
shall be added effective the first day of the month of birth and documentation
shall consist of the birth date and a Social Security Number (SSN) or an SSN
application. No other documentation is required to add a baby to the assistance
unit after the birth is reported unless there is questionable information
regarding relationship to a parent(s), citizenship, or qualified
non-citizenship status.
c. Verifying a pregnancy.
d. Providing individual level
verification.
e. A member who was
previously ineligible becomes eligible.
3. Positive and negative changes may occur at
the same time. All changes will be taken into consideration and the net result
of the change will be compared to the client's base eligibility determination.
The comparison will be used to determine if there is a negative change,
positive change, or complete ineligibility to the assistance unit's basic cash
assistance grant.
D. At
any time while receiving basic cash assistance, if there is questionable
information regarding the circumstances of a household, the county worker can
request verification of the questionable information. If the client fails to
submit verification of the questionable information, grant payments may be
discontinued.
3.606.4
Redetermination of Eligibility
A. Filing a redetermination (RRR) to continue
benefits
Colorado Works clients shall file their RRR with the county
by the 15th of the month as specified in the RRR packet. A client's failure to
file a RRR timely may delay the determination of benefits. All RRR forms must
be entered into the statewide automated system within two (2) business days.
Complete forms received timely must be acted upon by the county department by
the last day of the month in which the forms were due. Complete forms received
between the 16th and the last day of the month the RRR is due must be approved
as soon as possible. The county department will have ten (10) days to act on
such redeterminations, to include scheduling and conducting the interview and
requesting any necessary verification. The county must make an eligibility
decision on redetermination forms received between the 16th and the last day of
the month within thirty (30) days from receipt of such RRR.
An interview for Colorado Works basic cash assistance cases
shall take place annually and necessary verifications must be requested and
obtained at each RRR to determine whether the client continues to be eligible
for Colorado Works.
B.
Redetermination procedures- mail out
Forms that the client is required to complete shall be mailed
to the client at least thirty (30) calendar days prior to the first of the
month in which eligibility redetermination is due. This is considered the prior
notice period. The following procedures relate to mail-out
redetermination:
1. An RRR packet
shall be mailed to the client which identifies the RRR due date and the date
when Colorado Works grant payments will stop if the RRR packet is not
returned;
2. The RRR packet shall
be completed, signed by the client, and returned to the county department no
later than the 15th of the month in which the client's existing certification
ends; and,
3. When the client is
unable to complete the RRR packet due to physical, mental, or emotional
disabilities, and has no one to help, the county department shall either assist
the client or refer the client to a legal or other resource.
4. When initial arrangements or a change in
arrangements are being made, an extension of up to thirty (30) days may be
allowed. The assistance and/or referral action of the county department shall
be recorded in the case record.
C. Complete RRR packet
A complete RRR packet has all questions applicable to
Colorado Works and/or specific to the household's circumstances completed by
the client and is signed by the client or authorized representative.
D. Redetermination process
The redetermination process shall consist of all activity
from the date the RRR is received from the client until a determination
concerning eligibility is made.
During the redetermination process, the county worker
shall:
1. Date the RRR packet to
record the date of receipt by the county department.
2. Enter the RRR into the statewide automated
system within two (2) business days.
3. Schedule and conduct an interview when
required. The client shall be provided with written notice of a scheduled
interview in accordance with section 3.602.1.E.1.c . When the client does not
keep the appointment and does not request an alternate time or arrangement, as
described in section 3.602.1.E.1.c , grant payments will be terminated at the
end of the current certification period.
4. Explain the purpose of the interview and
the use of the information supplied by the client on the RRR form and any
additional required forms.
5.
Inform all clients in writing at the eligibility redetermination that Social
Security Numbers for all clients will be used to request and exchange
information with other agencies as part of the eligibility process, including
the Department of Labor and Employment (State Wage And Unemployment Data),
Social Security Administration, and Internal Revenue Service (unearned income).
IEVS information may also be exchanged with other state or federal agencies
administering public assistance programs, including the Department of Labor and
Employment, Child Support Services, and the Social Security
Administration.
6. Have the client
complete the forms or complete the form on behalf of the client.
7. Explain the appeal rights to the
client.
8. Witness the signature of
the client and sign as a person who helped complete the forms, when
applicable.
9. Review documents,
verifications, and any other information supplied by the client with the client
in order to obtain clarification if needed. Information requested shall
include:
a. Income.
b. Other eligibility factors to be verified
unless satisfactory documentation is in the case record.
E. Redetermination not returned
When the RRR packet is not returned by the 15th of the RRR
due month, discontinuation of benefits shall occur at the end of the RRR due
month. This action to discontinue shall not be taken, however, if the completed
and signed forms are returned between the 16th and the end of the RRR due month
as defined in section 3.606.4.A . If no response is received by the end of the
RRR due month, the case shall be discontinued upon the effective date of the
notice sent to the client with the RRR packet.
F. Incomplete redetermination packets
If the RRR packet is received by the first filing deadline,
but it is incomplete, a correction notice shall be sent to the client advising
the client that the RRR packet is incomplete and must be corrected by the
correction deadline to avoid termination and/or the county department shall
work with the client to complete the packet.
G. Termination of benefits and adequate
notice
When the information provided in the RRR packet, or otherwise
provided by the client, is the basis for reduction in the amount of assistance
or in termination of assistance, such actions shall be taken after adequate
notice, as defined in section 3.601 and described in 3.609.1,C and D, is
given.
H. Termination of
benefits and adequate notice redetermination requirements
A redetermination of eligibility shall be complete for
Colorado Works when:
1. All necessary
forms concerning the redetermination are completed and have been
reviewed;
2. Requested verification
is obtained and recorded in the case file;
3. All factors are evaluated and decisions on
continued eligibility and amount of money payment have been reached;
and
4. Notice of change in payment,
if applicable, is completed and mailed to the client. A state-approved notice
of proposed action form shall be used for positive actions and for negative or
adverse actions.
I.
Reopening and reinstatements
Cases may be reopened prior to the effective date of closure
with good cause and may be reinstated if closed within thirty (30) calendar
days or less.
1. Reinstatement in lieu
of an application- when a request is made for the category of assistance from
which the client was discontinued within thirty (30) calendar days following
the effective date of discontinuation, the following procedures shall be
followed:
a. A RRR packet or current
application shall be in the case file or completed and signed by the
client;
b. Income shall be
verified;
c. Other eligibility
factors shall be verified unless satisfactory documentation is in the case
record;
d. Eligibility
determination shall be completed and appropriate actions shall be
taken.
2. Reopening in
lieu of an application- when a client requests assistance prior to the
effective date of the client's discontinuation from assistance, the following
procedures shall be followed:
a. A RRR packet
or current application form shall be in the case file or completed and signed
by the client;
b. Income shall be
verified;
c. Other eligibility
factors shall be verified unless satisfactory documentation is in the case
record;
d. Eligibility
determination shall be completed and appropriate actions shall be
taken;
e. If reopened, child
support services and other appropriate units shall be so advised.
3.606.5
Clients Moving to a New County of Residence
A. Colorado Works clients transferring from
one county to another shall remain eligible for the basic cash assistance and
shall continue to be eligible. For work required individuals, the client
remains eligible until assessed by the new county, in accordance with the
timeframes outlined in 3.608.1.A. The benefits shall continue without
interruption.
B. Clients who are
transferring to another county are required to continue to report changes and
the transferring county shall continue to process the client's changes during
the period in which the transfer to another county is in process.
1. Clients shall continue to report changes
by the tenth (10th) of the month following the month in which the change
occurred and complete redeterminations as required by the paying county;
and,
2. The paying county shall
continue its activities; and,
3.
The paying county shall resolve all issues concerning the client's continuing
eligibility or termination before the transfer is completed; and,
4. The paying county shall assure that the
case is updated in a timely way to enable acceptance by the county of
residence.
3.606.6
Time Limits and
Extensions
A. Time Limits
Each month for which a basic cash assistance grant is
received shall be counted toward the time limits of adult members who are part
of the assistance unit regardless of whether or not the adult is eligible to
receive assistance. Any assistance unit containing an adult may receive Federal
TANF grant payments for up to sixty (60) cumulative months.
B. Time Limits and Sanction Periods
Months in which a partial Colorado Works payment was made due
to a sanction shall be counted toward the time limit.
C. Extensions
An assistance unit containing an individual who has received
Federal TANF assistance in Colorado or another state as an adult for sixty (60)
or more cumulative months shall not be eligible for Colorado Works assistance
in Colorado unless granted an extension by the county department due to
hardship or domestic violence. Assistance units that contain disqualified
members shall not be eligible for consideration of an extension.
1. The State Department shall send a
notification to clients who are approaching the sixty (60) month time limit on
Federal TANF assistance. The county department shall make all reasonable
efforts to contact these clients by phone or in person to explain the extension
process and to accept a request for an extension.
2. All clients shall have the opportunity to
request an extension. Requests for an extension of Colorado Works shall be made
in the county of residence and may be made in person, by phone, or in writing.
The client's county of residence shall approve or deny an extension
request.
3. The county department
shall have thirty (30) days after the receipt of a request for an extension to
make a decision whether to grant or deny the extension. The county shall send a
notice to the client concerning the decision.
4. If the request for an extension is denied,
the notice shall include the reason for the denial and the right to appeal the
decision per Section 3.609.6 . A client who has been granted an extension may
request an additional extension prior to the end of the current extension
period. If a timely request is not made, the county department may grant an
extension if the client is able to demonstrate good cause. Good cause shall be
determined by the county department and cannot be appealed.
5. An extension may be granted for up to six
(6) months. A client who has been granted an extension may request additional
extensions, but the request must be made prior to the end of the current
extension period.
6. Nothing in
these rules shall be construed to prohibit a former client from requesting a
hardship or domestic violence extension, after the lapse of the 60-month
lifetime limit, when new hardship or domestic violence factors occur, to the
extent permissible under State and federal law.
7. The client receiving an extension shall
meet with the county worker on a regular basis to address specific needs and to
identify a plan to move off of assistance in an Individualized Plan.
D. Hardship
A household may be considered to be experiencing a hardship
if one or more of the following prevents the adult member(s) of the assistance
unit from securing or maintaining employment:
1. Disability of the caretaker, his or her
spouse, the dependent child(ren) or immediate relative for whom the caretaker
is the primary caregiver, pursuant to the definition of "persons with
disabilities" at Section 3.604.3; or,
2. Involvement in the judicial system because
a member of the assistance unit has an existing case; or,
3. Family instability which may include a
caretaker with proven inability to maintain stable employment or inability of
the caretaker to care for the children in his or her own home or in the home of
a relative; or,
4. Inadequate or
unavailable:
a. Child care,
b. Housing,
c. Transportation; or,
d. Employment opportunities.
County departments shall include additional criteria for Item
"d", regarding employment opportunities specific to the county. A county
department may define additional reasons for granting an extension due to
hardship. The detailed information and additional hardship reasons shall be
defined and described in the county policies and procedures.
E. Hardship Due to
Domestic Violence
Domestic violence extension may be granted when domestic
violence problems, as defined at Section 3.604.5 prevent the adult member(s)
from participating in work activities or securing employment.
F. Exemptions From the 60-Month Time Limit
Any month of receipt of assistance by an adult while living
in Indian Country, or a Native Alaskan village where at least fifty percent
(50%) of the adults were not employed, shall not be counted toward the sixty
(60) cumulative months of Federal TANF assistance. Indian Country is defined in
18 U.S.C. Section
1151.
G. Twenty Percent (20%) Allocation of
Extensions
Up to twenty percent (20%) of the Statewide caseload
receiving Colorado Works may be granted an extension beyond the sixty (60)
month time limit due to hardship or domestic violence. At any point that
records indicate that the State will exceed the twenty percent (20%) maximum on
the number of Colorado Works extensions granted to assistance units, the State
shall determine if this is due to the provision of federally recognized good
cause domestic violence waivers. If the records support this determination, as
allowed by federal law, the State shall provide information to the federal
government to demonstrate that the reason for exceeding the twenty percent
(20%) maximum was due to granting federally recognized good cause domestic
violence waivers. The State Department has the sole responsibility of
monitoring this federal limit. County departments are not restricted to a
certain number of extensions unless the Statewide limit is reached.
3.606.7
Funeral,
Burial, and Cremation Expenses
A.
Death Reimbursement
1. A death reimbursement
benefit shall in some circumstances be available to assist in paying for the
funeral, burial, and cremation expenses of a deceased client. Death
reimbursement benefits paid for the disposition of a deceased client under
these rules are not entitlements. Benefit levels for such dispositions shall be
adjusted by the State Department in order to contain expenditures within the
available legislative appropriation.
2. The total amount of death reimbursement
benefit paid by the county department pursuant to this section shall not exceed
one thousand five hundred dollars ($1,500). To be eligible for a state
contribution, the total combined reasonable charges (including those paid by
the deceased client's estate, family, State Department funds, or any other
source) for services, property, and supplies shall not exceed two thousand five
hundred dollars ($2,500).
3. A
birth certificate and death certificate shall not be required for a burial in
the circumstances of a stillborn child or a pregnancy ended by miscarriage.
Documentation from a medical provider and/or a collateral contact shall take
the place of the birth and death certificate.
B. When State Funds may be Contributed
A death reimbursement benefit covering reasonable funeral
expenses or reasonable cremation or burial expenses or any combination thereof
shall be paid by the State Department for a deceased client, subject to state
appropriations, as follows:
1. The
expenses are incurred for the disposition of a deceased client who received
Colorado Works while alive; and,
2.
The deceased client's estate is insufficient to pay all or part of such
expenses (a deceased client's estate is defined as property of any kind that
the deceased client owned at the time of death); and,
3. The county department shall issue a
written authorization and itemization of the services, property, and supplies
for which the State Department funds shall be contributed. The total charge and
amount of State Department funds authorized for each item shall be included in
this authorization; and,
4. The
total combined reasonable charges (including those paid by the deceased
client's estate, family, State Department funds, or any other source) for
services, property, and supplies which have been authorized by the county
department shall not exceed two thousand five hundred dollars
($2,500).
C. Disposition
by Funeral, Burial, and Cremation
In those cases where disposition of a deceased client is by
funeral/memorial service and burial or cremation, the county department may
authorize that State Department funds shall be contributed toward the expenses
for the following:
1. Transportation
of the deceased client's body from the place of death to a funeral home or
other storage facility;
2. Storage
of the body during the time prior to final disposition;
3. Embalming, where necessary for
preservation of the body;
4.
Funeral or memorial service;
5.
Purchase of casket;
6. Preparation
of body for placement in casket;
7.
Transportation of body and casket to site of funeral/memorial service and/or
cemetery;
8. Purchase of
gravesite;
9. Purchase of vault
(liner), when required by the cemetery;
10. Opening and closing of grave;
11. Purchase and placement of grave
marker;
12. Perpetual care of
gravesite by owner of cemetery;
13.
Cremation of body;
14. Purchase of
an urn or other receptacle for the cremated remains of the decedent;
15. Burial of the cremated remains of the
decedent, including purchase of gravesite, vault (liner) if required by the
cemetery, opening and closing of grave, purchase and placement of grave marker,
and perpetual care of gravesite;
16. Storage of the cremated remains for no
more than one hundred twenty (120) days, in those cases where they are not
buried and are not claimed by the decedent's family or friend;
and/or,
17. Any other items that
are incidental to the funeral/memorial service and burial/cremation.
D. Arranging for Details of
Disposition
Even though State Department funds may be contributed toward
the expenses for the items listed in the preceding sections, some of those
items will not be requested, necessary, or affordable in some situations (e.g.,
in the case of a direct burial with or without graveside service, or immediate
cremation with no burial). In the course of contacting relatives of the
deceased client in order to arrange for disposition, the county department and
any provider which is involved (e.g., a funeral home or cemetery) should
consult with the family members about the applicable regulatory provisions, the
resources of the decedent's estate and family/friends, and the relative costs
of the various types of disposition.
In those cases where the client or family has requested that
the disposition include items which cannot be provided within the limitations
of these regulatory provisions, and where the family is unable or unwilling to
make separate financial arrangements without a State Department contribution,
the county department shall make arrangements for disposition of the client's
body in a reasonable, dignified manner which approximates the wishes and the
religious and cultural preferences of the client or family.
E. Limitation of Total Charges for
Disposition
Regardless of the manner of disposition, State Department
funds shall not be contributed if the total charges (including those paid by
the deceased client's estate, family, state funds, or any other source) for
services, property, and supplies related to the disposition exceed two thousand
five hundred dollars ($2,500).
F. Procedures to be Followed by County
Departments
The county department in which the deceased client's case is
active shall be responsible for determining whether and in what amounts State
Department funds may be contributed for the disposition of the deceased
client's body.
1. When assistance for
funeral, burial, or cremation services is requested on behalf of a deceased
client, the county department shall obtain a completed application for
funeral/burial/cremation assistance as prescribed by the State Department. This
form is used to make a determination of eligibility for State Department funds
for such services. The county department shall ensure that a choice of
disposition by the client or a family member is made in writing. The choice of
disposition may be made in the client's will, on the application for
funeral/burial/cremation assistance, or by any other document that the county
department deems to be credible. When a choice of disposition between burial
and cremation was made by the client in writing, and the client is determined
to be eligible for burial assistance, the choice shall be honored by the county
department within the limits of costs and reimbursement available.
If a choice of disposition was not previously made by the
client, the county department shall request a family member (spouse, adult
children, parents, or siblings) to make the choice. The application form
provides a section to be used by the family to make a written choice of
disposition. Once the choice of disposition is determined, the appropriate
providers shall be contacted to obtain signed proposals of items and charges
for disposition. The Provider's Proposed Charges for Funeral/Burial/Cremation
of Deceased Recipient of Assistance form shall be used for this purpose. If
more than one provider is involved, a separate form for each provider MUST be
used.
Once the application and proposals from providers are
received, the county department will be able to determine if a State Department
funded death reimbursement is appropriate.
If the combined charges from the providers exceed two
thousand five hundred dollars ($2,500), no death reimbursement shall be paid
from State Department funds.
Providers may seek contributions from non-responsible persons
only to the extent that monies are available from such parties.
2. In determining the extent of
the State Department funded contribution, if any, toward the expenses of
disposition, the county department shall proceed in accordance with the
following steps:
a. If the client did not
make a written choice between burial and cremation, the county department shall
determine whether the client'S family has any preference. The county department
shall encourage such relatives, in making a choice of disposition, to consider
the relatives' ability to contribute to the costs of the available
options.
b. After determining the
method of disposition for the deceased client, the county department shall next
determine whether any funds for disposition are available from the deceased
client's estate using the guidelines in section
26-2-129(6), or
from those individuals legally responsible, as defined in section
26-2-129(2)(E),
C.R.S., for the deceased client's support. The county department shall also
inquire about the availability of such funds from persons who appear to be
interested in the manner of the deceased client's disposition, even if such
persons are not legally responsible for the deceased client's
support.
c. The county department
shall require the legally responsible person to financially participate towards
the charges for funeral, burial, or cremation unless their resources are less
than the Supplemental Security Income (SSI) resource limit which is $2,000 for
an individual and $3,000 for a couple as described in C.R.S.
26-2-129(5). The
amount of resources over the SSI limit shall be used to reduce the State
Department funded Death Reimbursement payment. Money voluntarily contributed by
the responsible party towards the burial, funeral, or cremation costs by the
responsible party is also used to reduce the Death Reimbursement
Benefit.
d. The value of a prepaid
burial plot of two thousand dollars ($2,000) or less when purchased is exempt
and not counted toward the total funeral, cemetery, or burial expenses. If the
final resting place was purchased by someone other than the decedent and
donated to the deceased client, it shall not be counted as personal resource of
the deceased client or legally responsible person.
e. Social Security lump sum death benefits
payable to a legally responsible person shall not be used in reducing the
maximum Death Reimbursement Benefit.
f. Funds disbursed from any insurance policy
of the deceased client to a legally responsible person or non-responsible
person who is named as beneficiary or a joint beneficiary of the deceased
client's policy, are counted as available and shall be used to reduce the
maximum Death Reimbursement. Providers may seek contributions from
non-responsible persons to the extent that monies are available from such
parties.
g. Contributions made by
non-responsible parties shall not reduce the Death Reimbursement Benefit. These
funds are used to offset the maximum combined charges to the providers. The
county department shall make every reasonable effort to minimize the
contribution of State Department funds for a deceased client's disposition. The
State Department may limit the maximum State Department contribution to a
figure lower than one thousand five hundred dollars ($1,500) in order to
contain total State Department expenditures within the available legislative
appropriation. The State prescribed form shall be used to inform the county
department accounting office of itemized total charges and the total State
Department contribution.
3. The county department shall use the
following procedures in cases where the county department becomes aware of a
deceased client, and a family member cannot be located:
a. If a family member has not been located
within twenty-four hours after the client dies, the county department shall
have the deceased client's body refrigerated or embalmed.
b. If a family member has not been located
within seven days, the county department shall make the determination to bury
or cremate the deceased client based on the best option available.
c. The county department shall complete and
send the State required form, Authorization of Cremation, to the appropriate
funeral home/crematorium to authorize the cremation.
d. The county department may authorize
payment for funeral, burial, and cremation expenses up to one year after the
death of the client. Those persons who made arrangements for the disposition of
the deceased recipient's body must provide all necessary information to enable
the county department to determine whether and to what extent a contribution of
State Department funds is appropriate.
G. Provider Agreement
The county department shall have a statement of agreement
between the providers that sets forth the charges and the amounts of any
disbursement of funds by the county department. The agreement shall assure that
the distributions of death reimbursement benefits are equitable. All vendor(s)
who are providing the services must sign the agreement. The form must be
approved and signed by the county department before death reimbursement is
provided. Payment shall be made pursuant to the agreement.
3.606.8
Diversion, Other
Assistance, and Family Needs Payments
A. A Colorado Works client may receive a
diversion payment to address a specific crisis situation or episode of need.
Such payments are not designed to meet clients' basic ongoing needs. A
diversion payment may address needs over a period of no more than four (4)
months. In addition to a diversion payment, a client who is eligible for
diversion may receive supportive services based on a defined need.
A Colorado Works client may receive a diversion payment
(diversion grant) under the following terms and conditions:
1. The client does not need long-term cash
assistance or basic cash assistance as determined by the assessment.
2. The client demonstrates a need for a
specific item or type of assistance, including but not limited to, cash,
supportive services, housing, or transportation. Such assistance may be
provided in the form of cash payment, vendor payments, or in-kind
services.
3. The client enters into
a written or verbal agreement with the county department. The agreement shall
be documented in the statewide automated system and shall:
a. Document the reason why the client does
not need basic cash assistance; and,
b. Define the expectations and the terms of
the diversion payment; and,
c.
Specify the need(s) for and the specific type(s) of non-recurring cash
payment.
4. The client
shall agree not to apply for any further Colorado Works assistance in the
county where he or she received the diversion payment or any other county for a
period of time to be established by the county that issued the diversion
payment. This Period of Ineligibility (POI) shall start in the month that the
payment is provided.
5. If the
client is unable to sustain the agreement because of circumstances beyond his
or her control, he or she may apply for and the county may grant basic cash
assistance or another diversion payment prior to the end of the POI. The county
department can end the POI before it expires if good cause exists and is
granted by the county department.
6. A diversion payment is a needs-based, cash
or cash-equivalent payment made to a client who is eligible for basic cash
assistance, or, at county option, and based on the county's policy, a higher
income limit not to exceed the maximum criteria established in the State plan
for non-recurrent short-term benefits. All diversion clients who receive a
one-time cash payment are not required to assign child support rights, and
receipt of such payment does not count toward their Federal TANF assistance
time limit.
7. Two Payments of
Assistance in the Same Month
A client shall not receive a diversion grant for any month in
which he/she receives basic cash assistance.
B. Supportive payments and referrals
1. Counties shall provide referrals for all
families and assess non-work eligible families for supportive payments at each
eligibility interview, at minimum. Work eligible clients must be assessed for
supportive payments according to 3.608.1, at minimum. To receive supportive
payments while receiving Colorado Works grant payments, clients must have an
assessed need as defined in section 3.601 . Supportive payments can also be
issued as incentives for gaining or maintaining employment, participation in
the workforce development program, or other achievements.
2. County departments shall take action on
all supportive payment requests within ten (10) calendar days from the date of
request by the client. All requests for and decisions to approve or deny
supportive payments must be documented in the statewide automated system.
Clients shall receive notice of supportive payment decisions as defined in
section 3.609.7.
3. Supportive
payments may include anything but the following:
a. Medical services, except for family
planning;
b. Title IV of the Social
Security Act funding that supports children in foster care;
c. Supports to children under 18 who are not
in the home;
d. Any juvenile
justice purposes; and
e. Capital
assets over $5,000.
C. Family Preservation Eligibility
To receive Family Preservation Services as provided in the
Social Services rule manual,
12 CCR
2509-4 Section 7.304.21 under "Title IV-A Emergency
Assistance," a family's income and resources must meet all of the following
guidelines:
1. The family income must
be under $75,000 yearly; and,
2.
The child must meet out-of-home placement criteria; and,
3. The child lived with a specified relative
within the last six months.
D. Other assistance
Counties may provide assistance to clients meeting the
following broad based Colorado Works eligibility criteria:
1. At least one dependent child or pregnancy
in the home;
2. Lawfully present;
and
3. Household income under
$75,000 yearly.
E.
County Department's Right to Decide
The county department may provide, by means of its own funds,
items which are needed by a client and which are not included in the standards
of assistance. Such provisions for "unmet need" shall not be deducted as income
in the budgeting process.
