Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS Chapter 13B, 194A.070,
KRS
205.240, 278.0154(6),
42
U.S.C. 9902(2),
Pub.L.
116-260,
Pub.L.
117-2
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to adopt administrative
regulations necessary to maintain the health, personal dignity, integrity, and
sufficiency of the individual citizens of the Commonwealth and promulgate
administrative regulations necessary 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
194A.070 authorizes the cabinet to utilize
and promote community resources for the delivery of services.
KRS
205.240 states that all money received from
the United States for the public assistance functions administered by the
cabinet are hereby appropriated and shall be available to the secretary for
expenditure. This administrative regulation establishes the eligibility and
assistance criteria for low-income households to receive assistance with paying
water or wastewater utility arrears.
Section
1. Definitions.
(1) "Agency"
means Community Action Kentucky (CAK), or a local community action agency
contracted to provide the service.
(2) "Authorized representative" means the
person who presents to an agency a written statement signed by the head of the
household, or spouse of the head of the household, authorizing that person to
apply on the household's behalf.
(3) "Crisis component" means the component
that provides assistance to households that are experiencing a home water or
wastewater emergency.
(4) "Economic
unit" means one (1) or more persons sharing common living
arrangements.
(5) "Emergency"
means, at the time of application, the household:
(a) Is without water;
(b) Shall be disconnected from a water
utility service within forty-eight (48) hours; or
(c) Shall be without water as established in
Section 3(3) of this administrative regulation.
(6) "Gross household income" means all earned
and unearned income, including lump sum payments received by a household during
the calendar month preceding the month of application.
(7) "Household" means an individual or group
of individuals who are living together in the principal residence as one (1)
economic unit and who purchase water or wastewater in common.
(8) "Household demographics" means an
applicant's:
(a) Address;
(b) Household composition that includes:
1. Size;
2. Age group;
3. Relationship to applicant;
4. Sources of income; and
5. Type of housing; and
(c) Water and wastewater source.
(9) "Principal residence" means
the place:
(a) Where a person is living
voluntarily and not on a temporary basis;
(b) An individual considers home;
(c) To which, when absent, an individual
intends to return; and
(d) Is
identifiable from another residence, commercial establishment, or
institution.
(10)
"Subsidy component" means the component that provides an eligible household
with:
(a) A payment to the household's water
or wastewater provider; or
(b) A
payment to a landlord, if water or wastewater is included in the
rent.
Section
2. Application.
(1) A household
or authorized representative applying for water or wastewater utility
assistance shall provide to an agency the following:
(a) Proof of household income;
(b) The most recent:
1. Water bill;
2. Wastewater bill; or
3. Verification that water or wastewater is
included in the rent;
(c)
A statement of household demographics; and
(d) A Social Security number, or a permanent
residency card, for each household member.
(2) An application shall not be considered
complete until the required information, as specified in subsection (1) of this
section, is received by the agency.
Section 3. Eligibility Criteria.
(1) Gross household income shall be at or
below 150 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) The household shall be responsible for
paying:
(a) The water or wastewater bill;
or
(b) Water or wastewater costs as
a portion of the rent.
(3) Crisis component. In addition to meeting
the criteria in subsections (1) and (2) of this section, an applicant shall
have:
(a) Water or wastewater utility
arrears;
(b) Entered into a payment
plan due to water or wastewater utility arrears;
(c) Received a past-due or disconnect
notice;
(d) A currently
disconnected water or wastewater service; or
(e) Received a notice of eviction due to
nonpayment of rent, if water or wastewater cost is included as a portion of the
rent.
Section
4. Assistance.
(1) For a subsidy
component, a maximum assistance amount of $400 may be provided for a current
water utility bill or water utility arrears, a current wastewater utility bill
or wastewater utility arrears, or a combination thereof. Payment shall be made
to the household's water or wastewater provider, or landlord if the utility is
included in rent, as follows:
(a) The amount
of assistance shall be based upon household income and whether the household is
responsible for water, wastewater, or both.
(b) A household living in federally assisted
housing or receiving a utility allowance shall be eligible for a lesser amount
of assistance.
(2) For a
crisis component, a maximum assistance amount of $800 may be provided for water
utility arrears, wastewater utility arrears, or a combination thereof. Payment
shall be made to the household's water or wastewater provider, or landlord if
the utility is included in rent, as follows:
(a) The amount of assistance shall be the
minimum needed to address the household's arrearages or alleviate a water or
wastewater emergency.
(b) A
household living in federally assisted housing may be eligible.
(c) A household may receive crisis component
assistance more than one (1) time, but shall not receive more than the maximum
assistance amount unless a case-by-case determination is made that no other
funding source is available to alleviate a household emergency.
(3) A household may receive
assistance for subsidy, crisis, or both.
Section 5. Assistance Delivery Method.
Payment shall be authorized by a one (1) party check made payable to the
household's:
(1) Water or wastewater utility
provider or providers; or
(2)
Landlord, if the cost of water or wastewater is included as a portion of the
rent.
Section 6. Right to
a Fair Hearing.
(1) An individual who has been
denied assistance or whose application has not been acted upon within the time
standards established in Section 7 of this administrative regulation shall be
provided an administrative review by the agency.
(2) An individual dissatisfied with the
results of an administrative review may request a hearing be held in accordance
with
921 KAR
2:055 and KRS Chapter 13B.
Section 7. Time Standards.
(1) An eligibility determination shall be
made by an agency within fifteen (15) working days after receipt of information
required by Section 2 of this administrative regulation.
(2) An applicant shall have fifteen (15)
working days from the date of application to provide the information required
by Section 2 of this administrative regulation to an agency, or the application
shall be denied.
Section
8. Water or Wastewater Provider Responsibilities. A provider
accepting payment pursuant to this administrative regulation for water or
wastewater utility services provided to an eligible recipient shall comply with
the following provisions:
(1) Reconnection of
utilities shall be accomplished upon receipt of payment.
(2) A household shall be charged, in the
normal billing process, the difference between actual cost of water or
wastewater and amount of payment made pursuant to this administrative
regulation.
(3) An assistance
recipient shall be treated the same as a household not receiving this
assistance, with the exception established in KRS 278.0154(6).
(4) The household on whose behalf assistance
is provided shall not be discriminated against in the services
provided.
(5) A landlord shall not
increase the rent of a recipient household due to receipt of assistance
provided pursuant to this administrative regulation.
STATUTORY AUTHORITY:
KRS
194A.050(1)
