Utah Administrative Code
Topic - Human Services
Title R510 - Aging and Adult Services
Rule R510-302 - Adult Protective Services
Section R510-302-9 - Eligibility
Universal Citation: UT Admin Code R 510-302-9
Current through Bulletin 2024-06, March 15, 2024
(1) There are no income eligibility requirements for an APS investigation of allegations of abuse, neglect, or exploitation.
(2) There are no eligibility requirements to receive short term protective supervision services.
(3) There are no eligibility requirements to receive protective intervention funds to resolve a situational crisis or an immediate protective need.
(4)
(a) A vulnerable adult shall meet income
eligibility requirements to receive short term services, including respite
care, supported living, short term intervention funding, and other services
approved by the APS director or designee.
(b) Eligibility for short term services,
"family" includes an adult, the adult's spouse, and their natural children
under age 18, who are residing in the same household.
(c) A person living under the care of someone
other than their spouse is considered a one-person family.
(d)
(i) In
determining whether a vulnerable adult meets income eligibility requirements
for short term services, family assets shall be disclosed and
evaluated.
(ii) Family assets
include the fair market value of stocks, bonds, certificates of deposit, notes,
savings and checking accounts, inheritance, capital gains, or gifts, that can
be readily converted to cash.
(iii)
A client's income and deductions will be used to determine the client's
adjusted gross income to determine the client's eligibility status.
(iv) Monthly gross income includes:
(A) the total monthly income received by an
individual from earnings, military pay, commissions, tips, piece-rate payments,
and cash bonuses;
(B) net income
from self-employment;
(C) Social
Security pensions, SSI, survivor's benefits, and permanent disability insurance
payments; dividends, interest, income from estates or trusts, net rental income
or royalties, net income from rental of property, receipts from boarders or
lodgers;
(D) pensions or
annuities;
(E) unemployment
compensation;
(F) strike
benefits;
(G) worker's
compensation;
(H) alimony, child
support, money received as specified in a divorce or support decree;
(I) Veterans' pensions or subsistence
allowances; and
(J) other regular,
three out of the last six months, financial assistance.
(v) Monthly gross income does not include:
(A) per capita payments to or funds held in
trust for any individual in satisfaction of a judgment of the Indian Claims
Commission or the Court of Claims;
(B) net proceeds received from the sale of a
primary residence or an automobile;
(C) money borrowed; insurance payments more
than incurred costs that must be paid from the settlement;
(D) the value of the coupon allotment under
the Food Stamp Act;
(E) the value
of USDA donated foods; the value of supplemental food assistance under the
Child Nutrition Act of 1966 and the special food service program for children
under the National School Lunch Act;
(F) any payment received under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970;
(G) earnings of a child under
18 years of age residing in the home;
(H) payments for energy assistance and
weatherization HEAT program;
(I)
housing subsidies paid by the federal government;
(J) payments or grants received due to
natural disaster;
(K) educational
loans, grants, or scholarships to any undergraduate student for educational
purposes that is made or insured by the U.S. Commissioner of Education, BEOG,
SEOG, NDSL, Guaranteed Student Loans, SSIG, and PELL Grants;
(L) payments to participate in a service
learning program, such as College Work-Study or University Year for Action;
and
(M) that portion of any other
loan, grant, or scholarship that is conditioned upon school attendance, used
for tuition, books, fees, equipment, special clothing needs, transportation to
and from the school, and the child care services necessary for school
attendance.
(vi) The
expenses that shall be deducted in determining adjusted gross income are
limited to:
(A) medical expenses, including
Medicaid spend-down and insurance;
(B) storage expenses;
(C) child support paid, including money paid
for house payments, rent, including as specified in a divorce or support
decree;
(D) the dollar amount of
first mortgage or rental payment over 25% of monthly countable income, not
counted for Foster Care; and
(E)
fees paid for other programs and protective services.
(vii) The sum of family assets shall be
divided by the number of family members, and if that amount exceeds $4,000 per
family member, then the value over $4,000 shall be prorated over 12 months, and
the resulting amount shall be added to the monthly countable
income.
(viii) Eligibility
status must be verified annually and within 30 days of any family member's
increase in assets.
(ix) A client's
adjusted gross income for income tax purposes is not the same as the adjusted
gross income for short term service eligibility purposes.
(x) Family assets and expenses shall be
supported with current bank records, check stubs, and other verifiable records.
Documentation must clearly show the name of the applicable family
member.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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