Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
45.237-241,
205.200,
205.211,
205.2003,
45 C.F.R.
260-265
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.
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:
1. Free transportation that meets the
needs of the work-eligible individual is unavailable; and
2. 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
(c)
Acceptance of a new job or retention of an existing one if the parent or other
adult:
1. 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
2.
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:
1. Not reimbursable by the employer;
and
2. The work-eligible individual
provides an estimate;
(c)
One (1) suitable interview outfit for pre-employment purposes;
(d) Required clothing or shoes particular to
a service, profession, or company, if:
1. Not
reimbursable by the employer; and
2. The work-eligible individual provides an
estimate;
(e) School
supplies and books for the KWP participant;
(f) A licensing fee, which includes:
1. Exam costs required to obtain a
professional license or certificate; or
2. 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;
(c) Vehicle
registration;
(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;
(c) Testing 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:
1. High school diploma;
2. GED certificate; or
3. 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
(c) Through
periodic mailings.
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:
1. Penalized for noncompliance with a KWP
activity, as specified in
921 KAR 2:370; or
2. 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.
STATUTORY AUTHORITY:
KRS
194A.050(1),
205.200(2),
205.2003(1),
42 U.S.C.
601-619
