Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
205.200,
205.211,
45 C.F.R. Parts
260-265,
42 U.S.C.
601-619, Part
9902(2)
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
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 to
619, and federal regulations.
KRS
205.2003 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 the Work Incentive (WIN) payment 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 2:016.
(2) "Cabinet" means the Cabinet for Health
and Family Services.
(3) "Family
Assistance Short Term" or "FAST" means the program established in
921 KAR 2:500.
(4) "Kentucky Transitional Assistance
Program" or "KTAP" means the program established in
921 KAR 2:006.
(5) "Overpayment" means a Work Incentive
payment received by an individual who after an initial determination of
eligibility:
(a) Is determined to be
ineligible for the program; and
(b)
Received erroneous benefits.
(6) "Work expense" means costs or charges
accumulated as a result of items or services necessary for
employment.
Section 2.
Eligibility for WIN.
(1) To qualify for WIN, a
member of the benefit group shall:
(a) Be
discontinued from KTAP with earnings;
(b) Report to the cabinet within ten (10)
calendar days of obtaining employment and provide written verification within
ten (10) calendar days of the report;
(c) Have an eligible child as defined in
921 KAR 2:006, Section
1;
(d) Be employed;
(e) Have a work expense;
(f) Be a resident of Kentucky; and
(g) Have total gross earned and unearned
income at or below 200 percent 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).
(2) An individual is not eligible
for WIN if:
(a) Employment is obtained after
the KTAP case is discontinued; or
(b) The individual has previously received
all twelve (12) months of WIN payments.
(3) An eligible recipient shall not receive
KTAP, FAST, or WIN concurrently.
Section 3. Eligibility Period.
(1)
(a) The
potential WIN eligibility period for an approved WIN recipient shall be twelve
(12) cumulative months, beginning with the first month of discontinuance of
KTAP.
(b) Eligibility shall be
redetermined monthly.
(2)
(a) An
eligible WIN recipient shall be eligible for up to twelve (12) cumulative
months of WIN payments.
(b) If an
eligible recipient loses employment, the WIN payment shall stop unless:
1. New employment is obtained within one (1)
month; and
2. Written verification
is provided to the cabinet by the last business day of the WIN-eligible month
to verify the new employment.
(c) If eligibility in accordance with Section
2(1) of this administrative regulation is no longer met, the WIN payment shall
stop.
(d) If the eligible WIN
recipient reapplies and is eligible for KTAP, the WIN payment shall
stop.
(3) If an
individual previously received less than twelve (12) WIN payments and regains
eligibility for WIN, the eligible recipient may continue to receive the
remaining WIN payments.
(4) An
eligible recipient shall not waive receipt of the WIN payment in order to
receive the payment at a later date.
Section 4. Payment Amount and Authorization.
(1) To the extent funds are available, the
payment amount shall be $200 per month per eligible adult.
(2) The first payment shall be automatically
issued on the tenth day of the effective month of the discontinuance of KTAP
benefits.
(3) Each subsequent
payment may be issued upon the cabinet receiving:
(a) A completed WIN-1, Work Incentive (WIN)
Report, by the last business day of the WIN-eligible month; or
(b) A completed WIN-2, Second Notice for Work
Incentive (WIN) Report, by the last business day of the WIN-eligible
month.
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. Hearings and
Appeals. An applicant or recipient of WIN payments who is dissatisfied with an
action or inaction on the part of the cabinet may seek a hearing pursuant to
921 KAR 2:055.
Section 7. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "WIN-1, Work Incentive (WIN)
Report", 08/22; and
(b) "WIN-2,
Work Incentive (WIN) Report - Second Notice", 08/22.
(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
