Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
45.237-241,
205.211,
45 C.F.R. Parts
260-265,
42 U.S.C.
601-619
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 receipt of federal funds.
KRS
205.200(2) requires the
secretary to prescribe, by administrative regulation, conditions of eligibility
for public assistance, in conformity with federal law. This administrative
regulation establishes eligibility requirements for the Relocation Assistance
Program (RAP) in accordance with Temporary Assistance for Needy Families (TANF)
provisions established in 45
C.F.R. Parts 260-265.
Section 1. Definitions.
(1) "Benefit group" means a group that meets
the eligibility requirements established in
921 KAR 2:006.
(2) "Family Assistance Short Term" or "FAST"
means the program established in
921 KAR 2:500.
(3) "Kentucky Transitional Assistance
Program" or "KTAP" means the program established in
921 KAR 2:006.
Section 2. Relocation Assistance
Program (RAP).
(1) An applicant for RAP shall:
(a) Be a current recipient of KTAP;
(b)
1. Have
a verified offer of employment with wages in an amount equal to or greater than
thirty (30) hours per week at the minimum hourly wage rate; or
2. Be currently employed with wages in an
amount equal to or greater than thirty (30) hours per week at the minimum
hourly wage rate, reporting and verifying timely, and request relocation
assistance within ninety (90) days from the start date of employment;
and
(c) Be in need of
assistance to relocate in order to:
1. Accept
or maintain a verified offer of employment if the applicant's:
a. Current residence is located ten (10)
miles or more from the location of new employment; and
b. New residence is closer to the location of
new employment than the applicant's current residence;
2. Escape a domestic violence situation, as
determined by the cabinet pursuant to
921 KAR 2:006, Section 1;
or
3. Prevent
homelessness.
(d) Not be
required to comply with paragraphs (b) and (c)1 of this subsection, if moving
to escape from a domestic violence situation; and
(e) Complete Form RA-1, Application for
Relocation Assistance.
(2) To the extent funds are available, the
payment shall be issued to assist an eligible KTAP recipient in meeting
moving-related expenses. Moving-related expenses shall include:
(a) Moving van rental;
(b) First month's rent for apartment or
house; and
(c) Security deposit,
utility hook-up fee, or other moving-related fee approved by the cabinet for
the apartment or house referenced in paragraph (b) of this
subsection.
(3) The
amount of payment shall be up to $1,500 based on the actual verified
moving-related expenses, as listed in subsection (2) of this section.
(4) Except for a domestic violence situation,
an otherwise eligible recipient of RAP shall receive relocation assistance a
maximum of once every twelve (12) months.
(5) The offer of employment, including hourly
wage and number of hours, and the availability of a new residence, as specified
in subsection (1)(b)1 and (c)1 of this section shall be verified in
writing.
(6) The start date of
ongoing employment, including hourly wage and number of hours and the
availability of a new residence as specified in subsection (1)(b)2 and (c)1 of
this section, shall be verified in writing.
(7) The cabinet shall provide follow-up case
management to assist the family with the transition.
(8) A family not currently receiving KTAP and
eligible to receive FAST may receive assistance to relocate pursuant to
921 KAR 2:500.
(9) A KTAP recipient may refuse without
penalty an offer of employment that would require relocation.
Section 3. Hearing Rights. Hearing
rights for RAP shall be the same as hearing rights for a KTAP recipient in
accordance with
921 KAR 2:055.
Section 4. 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 5. Incorporation by Reference.
(1) The "RA-1, Application for Relocation
Assistance", 08/22, 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)
