CO Code § 26-2-709 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 2 - Public Assistance|Part 7 - Colorado Works Program|§ 26-2-709. Benefits - Cash Assistance - Programs - Rules

  Standard of need - basic cash assistance grant.   The state department shall promulgate rules determining the standard of need for eligibility for a basic cash assistance grant, whether an applicant or participant meets the standard of need, and the amount of the basic cash assistance grant. In addition to any other rules necessary for the implementation of this part 7, the state department's rules shall:    In establishing the calculation for determining the amount of an eligible applicant's or participant's basic cash assistance grant, the state department shall ensure that the amount of the basic cash assistance grant that a participant or applicant receives is equal to or exceeds one hundred two percent of the need standard for a participant in a similarly sized household on January 1, 2008. The state department is encouraged to establish a calculation for determining the amount of a basic cash assistance grant that results in a basic cash assistance grant that is equal to or exceeds one hundred twelve percent of the need standard for a participant in a similarly sized household on January 1, 2008.    Except as otherwise provided in this part 7 and subject to available appropriations, an applicant or participant who meets the eligibility criteria established by the state department pursuant to paragraph (a) of this subsection (1) shall receive a basic cash assistance grant in an amount determined by the state department pursuant to paragraphs (a) and (b) of this subsection (1). An increase in the amount of the basic cash assistance grant approved by the state department shall not take effect unless the funding for the increase is included in the annual general appropriation act or a supplemental appropriation act.    Repealed.    Beginning July 1, 2021, and each year thereafter, the joint budget committee of the general assembly shall review the sustainability of the Colorado long-term works reserve created in section 26-2-721. (1.3) Redetermination of eligibility for persons receiving cash assistance. The county department shall perform an annual redetermination of eligibility for all assistance units receiving cash assistance. (1.5) Rules concerning cash assistance. The state department shall promulgate rules as may be necessary to comply with changes in federal regulations relating to the definition of the term “cash assistance”.       Other assistance.   Subject to available appropriations, a county department may provide assistance, including but not limited to cash assistance, in addition to the basic cash assistance grant described in subsection (1) of this section that is authorized pursuant to the provisions of the federal law or this section. Such other assistance shall be based upon a participant's assessed needs.       (Deleted by amendment,L. 2008, p. 1960, § 11, effective January 1, 2009.)       (Deleted by amendment,L. 2008, p. 1960, § 11, effective January 1, 2009.)      (a) (I) Adopt a statewide standard of need for eligibility for a basic cash assistance grant that is not less than the basis for standard of need pursuant to this subsection (1) as it existed on July 1, 2009;   History. Source: L. 97: Entire part added, p. 1202, § 1, effective June 3. L. 98: (2) amended, p. 335, § 1, effective April 17. L. 99: (1.5) added, p. 31, § 2, effective July 1. L. 2000: (1.5) amended, p. 25, § 2, effective March 10. L. 2001: (1)(a) amended, p. 212, § 1, effective March 28. L. 2002: (1)(a.5) added, p. 904, § 1, effective May 31. L. 2003: (1)(a) and (1)(a.5) amended and (1.3) added, p. 802, § 4, effective August 6. L. 2006: (1)(b) repealed, p. 593, § 2, effective April 24. L. 2008: (1)(a), IP(1)(a.5), (1)(c), (2), and (3) amended, p. 1960, § 11, effective January 1, 2009. L. 2010: (2)(a) amended,(HB 10-1043), ch. 92, p. 316, § 13, effective April 15; entire section amended,(SB 10-068), ch. 160, p. 551, § 5, effective January 1, 2011. L. 2013: (1.3) amended,(HB 13-1055), ch. 10, p. 25, § 1, effective August 7. L. 2015: (1)(a)(II) and (1)(a)(III) amended and (1)(a)(IV) added,(SB 15-012), ch. 282, p. 1155, § 3, effective August 5. L. 2020: (1)(d) and (1)(e) added,(SB 20-029), ch. 220, p. 1086, § 2, effective July 2.    Editor's note:    Amendments to subsection (2) in House Bill 10-1043 and Senate Bill 10-068 were harmonized, effective January 1, 2011.    Subsection (1)(d)(II) provided for the repeal of subsection (1)(d), effective July 1, 2021. (SeeL. 2020, p. 1086.)     Cross references:   For the legislative declaration in SB 20-029, see section 1 of chapter 220, Session Laws of Colorado 2020.   ANNOTATION   Although the “no entitlement” language under § 26-2-704 modifies the unconditional entitlement to welfare benefits previously available under the AFDC program, the language in subsection (1)(a)(I) does not vitiate all forms of property rights in welfare benefits. Weston v. Cassata, 37 P.3d 469 (Colo. App. 2001).