CO Code § 26-2-119 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 2 - Public Assistance|Part 1 - Colorado Public Assistance Act|§ 26-2-119. Amount of Assistance Payments - Aid to the Needy Disabled - Rules

     The amount of assistance payments that shall be granted to a recipient under the program for aid to the needy disabled shall be on the basis of budgetary need, as determined by the county department with due regard to any income, property, or other resources available to the recipient, within available appropriations, and in accordance with rules of the state department.    The rules of the state department:   Shall establish the assistance payment under the program for aid to the needy disabled, which assistance payment for the 2014-15 state fiscal year must not be less than the amount of the assistance payment for the 2013-14 state fiscal year increased by eight percent. For state fiscal years 2015-16 through 2018-19, and in fiscal years thereafter if necessary, subject to available appropriations, the state department is encouraged to increase the amount of the assistance payment to restore the payment to the state fiscal year 2006-07 amount and to adjust the assistance payment to reflect increases in the cost of living.    May require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources. (1.5) and (2)(Deleted by amendment, L. 2010, (HB 10-1146), ch. 281, p. 1302, § 2, effective January 1, 2011.)           (3)   (4) Repealed.   (5) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law.   (6) Repealed.   History. Source: L. 73: R&RE, p. 1189, § 2. C.R.S. 1963: § 119-3-19. L. 75: (1) amended, (3) and (4) repealed, and (5) added, pp. 890, 893, §§ 8, 14, 9, effective July 28. L. 77: (5) R&RE, p. 1346, § 3, effective May 26. L. 91, 2nd Ex. Sess.: (1.5) added, p. 82, § 3, effective October 16. L. 93: (1.5)(a)(II)(B) repealed, p. 333, § 3, effective April 12; (1.5)(a)(I) and (1.5)(a)(II)(A) amended, p. 1147, § 88, effective July 1, 1994. L. 94: (1.5) amended, p. 1561, § 10, effective July 1; (1.5)(a)(I) and (1.5)(a)(II)(A) amended, p. 2625, § 48, effective July 1. L. 2006: (1.5) amended, p. 2017, § 98, effective July 1. L. 2010: (1), (1.5), and (2) amended,(HB 10-1146), ch. 281, p. 1302, § 2, effective January 1, 2011. L. 2014: (1) amended and (6) added,(SB 14-012), ch. 248, p. 959, § 3, effective August 6. History. Source: L. 73: R&RE, p. 1189, § 2. C.R.S. 1963: § 119-3-19. L. 75: (1) amended, (3) and (4) repealed, and (5) added, pp. 890, 893, §§ 8, 14, 9, effective July 28. L. 77: (5) R&RE, p. 1346, § 3, effective May 26. L. 91, 2nd Ex. Sess.: (1.5) added, p. 82, § 3, effective October 16. L. 93: (1.5)(a)(II)(B) repealed, p. 333, § 3, effective April 12; (1.5)(a)(I) and (1.5)(a)(II)(A) amended, p. 1147, § 88, effective July 1, 1994. L. 94: (1.5) amended, p. 1561, § 10, effective July 1; (1.5)(a)(I) and (1.5)(a)(II)(A) amended, p. 2625, § 48, effective July 1. L. 2006: (1.5) amended, p. 2017, § 98, effective July 1. L. 2010: (1), (1.5), and (2) amended,(HB 10-1146), ch. 281, p. 1302, § 2, effective January 1, 2011. L. 2014: (1) amended and (6) added,(SB 14-012), ch. 248, p. 959, § 3, effective August 6.    Editor's note:    Amendments made to subsection (1.5) by House Bill 94-1029 and Senate Bill 94-133 were harmonized.    Subsection (6)(h) provided for the repeal of subsection (6), effective July 1, 2017. (SeeL. 2014, p. 959.)     Cross references:    For the legislative declaration contained in the 1993 act amending subsection (1.5)(a)(I) and (1.5)(a)(II)(A), see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1994 act amending subsection (1.5)(a)(I) and (1.5)(a)(II)(A), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 14-012, see section 1 of chapter 248, Session Laws of Colorado 2014.    For the “Colorado Medical Assistance Act”, see articles 4, 5, and 6 of title 25.5.     ANNOTATION   No right to withhold special need payment. The statutory mandate of the department under this section to consider the special needs of a needy disabled recipient when computing his budgetary needs does not include the right of the department to withhold special need payment. Rodgers v. Atencio, 43 Colo. App. 268, 608 P.2d 813 (1979).   State regulation void. A regulation which, in effect, amends the mandatory language of subsection (2), by directing the department to link “special needs” only to federal supplementary security income act benefits, is void. Rodgers v. Atencio, 43 Colo. App. 268, 608 P.2d 813 (1979).