Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
205.193,
205.200,
205.232,
205.245,
42 U.S.C.
601-619
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.
Section 1.
Authorization of KTAP Payments.
(1) Method of
payment.
(a) A payment shall be issued
monthly by:
1. Check;
2. Electronic benefit transfer (EBT);
or
3. 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:
1. If the regular monthly payment received is
less than the entitled amount based on a household circumstance; and
2. 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:
1. Expunge a
monthly benefit on a monthly basis as each individual benefit month reaches a
date that is 365 days in the past; and
2. 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)
1. 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.
2. If the payment
is reissued to an executor or administrator, a copy of the appointment order
shall be obtained as verification.
(c) Payment to a protective payee may be made
pursuant to KRS
205.232.
(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;
(c)
Casino;
(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:
1. Check; or
2. 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:
1. An application is filed; and
2. 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:
1. If the regular monthly
payment received is less than the entitled amount based on a household
circumstance; and
2. 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:
1. Legally appointed
committee or guardian; or
2. 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:
1. Widow or widower;
2. Parent;
3. Guardian; or
4. 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:
1. Quarterly;
2. By the last day of the month following the
month that the certified quarter ends; and
3. 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:
1.
Quarterly;
2. By the last day of
the month following the month that the certified quarter ends; and
3. 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.
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.
STATUTORY AUTHORITY:
KRS
194A.050(1),
205.220
