Current through Register Vol. 43, No. 52, December 26, 2024
Assistance may be provided for funeral expenses upon the death
of a recipient at the discretion of the secretary.
(a) Funeral expenses. Funeral expenses may
include the cost of any of the following, based on available resources and the
requirements in this regulation:
(1) The
preparation of the body;
(2) a
minimal casket or urn;
(3) the
transportation of the body within Kansas; or
(4) a cremation.
(b) Application. Each request for funeral
assistance shall be made within six months after either the date of death or
the date on which the body is released by a county coroner, whichever is
later.
(c) Treatment of resources.
(1) If a decedent, at the time of death, was
not living with a child of the decedent who was under the age of 21, the spouse
of the decedent, or an adult disabled child of the decedent, the total estate
of the decedent shall be considered available. This provision shall not be
applicable in situations in which there were separate living arrangements
because of the need for institutional care. The estate shall not be allowed any
exemptions.
(2) Eligibility for
assistance shall be based on the assets owned by the family group at the time
of the decedent's death, under either of the following circumstances:
(A) At the time of death, the decedent was
living with a child of the decedent who was under the age of 21, the spouse of
the decedent, or an adult disabled child of the decedent, or the decedent was a
child under the age of 21 living with the parent of the decedent.
(B) There were living arrangements separate
from one of the persons specified in paragraph (c)(2)(A) because of the need
for institutional care.
(3) The total amount of proceeds on any life
insurance policy on the decedent shall be considered available if the policy
was owned by the decedent, the spouse of the decedent, or, if the decedent was
a child under the age of 21, the parent of the decedent.
(4) Death benefits from SSA, VA, railroad
retirement, KPERS, and any other burial funds shall be considered
available.
(d) Resource
limit. If the value of the resources considered available in accordance with
subsection (c) does not exceed $2,000, funeral assistance may be provided.
If the resource value exceeds $2,000, the decedent shall be
ineligible for funeral assistance.
