Current through Register Vol. 50, No. 9, March 1, 2024
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)
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.
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;
(c) Have a verified,
non-recurrent short-term need such as:
1. 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;
2. Other transportation assistance;
3. Unsubsidized child care;
4. Utilities payment assistance;
5. Housing payment assistance; or
6. 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
(c) The eligible FAST benefit
group.
(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;
(c) Child Care Assistance Program (CCAP);
and
(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;
(c) Life skills; and
(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.
STATUTORY AUTHORITY:
KRS
194A.050(1),
205.200(2)
