Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 2 - K-TAP, Kentucky Works, Welfare to Work, State Supplementation › Section 921 KAR 2:016 - Standards for need and amount for the Kentucky Transitional Assistance Program (K-TAP)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.200,
				205.210,
				205.2001,
				205.211,
				45 C.F.R. Parts
				260-265,
				400.66(d),
				8 U.S.C.
				1183a,
				10 U.S.C.
				1059,
				20 U.S.C.
				1088(b)(1),
				2302(3),
				(13),
				25 U.S.C.
				1401,
				5501,
				26 U.S.C.
				6409,
				29 U.S.C.
				723(a)(5),
				3241(a)(2),
				34 U.S.C.
				20102(c),
				38 U.S.C. 1833,
				42 U.S.C.
				415(i),
				1395w-141,
				1381-1384,
				1771,
				1775,
				3001,
				4950-5084,
				8621,
				Pub. L.
				92-254
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to promulgate all administrative regulations authorized by applicable
				state laws necessary to operate the programs and fulfill the responsibilities
				vested in the cabinet 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
				205.200(2) and
				205.210(1)
				require that the secretary establish the standards of need and amount of
				assistance for the Kentucky Transitional Assistance Program (KTAP), the block
				grant program funded by 42
				U.S.C. 601 to
				619. This administrative
				regulation establishes the standards of need for and the amount of a Kentucky
				Transitional Assistance Program payment.
Section
			 1. Definitions.
(1) "Assistance"
			 is defined by 45 C.F.R.
			 260.31.
(2) "Benefit group" means a group composed of
			 one (1) or more children and may include as specified relative a person
			 pursuant to
			 921 KAR 2:006, Section
			 6.
(3) "Change in a circumstance"
			 means a change in income or dependent care expense affecting the ongoing KTAP
			 payment that includes:
(a) Beginning or ending
			 employment;
(b) Change in an
			 employer or obtaining additional employment;
(c) Increase or decrease in the number of
			 work hours;
(d) Increase or
			 decrease in the rate of pay;
(e)
			 Increase or decrease in the dependent care expense due to a change in:
1. Provider;
2. Number of hours of care;
3. Number of individuals for whom care is
			 given; or
4. Amount charged;
			 or
(f) Change in farm
			 cropping arrangement or type of self-employment activity.
(4) "Claimant" means the individual
			 responsible for the repayment of an overpayment.
(5) "Countable income" means income that
			 remains after excluded income and appropriate deductions are removed from gross
			 income.
(6) "Deduction" means an
			 amount subtracted from gross income to determine countable income.
(7) "Electronic benefit transfer" or "EBT"
			 means a computer-based electronic benefit transfer system in which an eligible
			 household's benefit authorization is received from a central computer through a
			 point of sale terminal or automated transfer machine.
(8) "Excluded income" means income that is
			 received but not counted in the gross income test.
(9) "Full-time employment" means employment
			 of thirty (30) hours per week or 130 hours per month or more.
(10) "Full-time school attendance" means a
			 workload of at least:
(a) The number of hours
			 required by the individual program for participation in:
1. An adult basic education
			 program;
2. A general educational
			 development program; or
3. A
			 literacy program;
(b) The
			 number of hours required by the individual program for participation in a
			 college or university; or
(c) The
			 number of hours required by the individual high school or vocational school to
			 fulfill the high school or vocational school's definition of full
			 time.
(11) "Gross income
			 limitation standard" means 185 percent of the assistance standard, as
			 established in Section 9 of this administrative regulation.
(12) "Kentucky Transitional Assistance
			 Program" or "KTAP" means the program established in
			 921 KAR 2:006.
(13) "Kentucky Works Program" or "KWP" means
			 the program established in
			 921 KAR 2:370 that assists a:
(a) Recipient of KTAP in obtaining education,
			 training, experience, and employment; or
(b) Former KTAP recipient with job retention
			 services.
(14) "Lump sum
			 income" means income that does not:
(a) Occur
			 on a regular basis; or
(b)
			 Represent accumulated monthly income received in a single sum.
(15) "Minor parent" means an
			 individual who:
(a) Has not attained eighteen
			 (18) years of age;
(b) Is not
			 married or is married and not living with the spouse; and
(c) Has a minor child in the applicant's or
			 recipient's care.
(16)
			 "Part-time employment" means employment of:
(a) Less than thirty (30) hours per week;
			 or
(b) Less than 130 hours per
			 month.
(17) "Part-time
			 school attendance" means a workload that is less than full-time school
			 attendance as determined by the educational institution.
(18) "Penalized individual" means a person
			 who is required to be included in the benefit group but fails to fulfill an
			 eligibility requirement, causing a reduction in benefits of the benefit group.
			 If otherwise eligible, a penalized individual remains a member of the benefit
			 group.
(19) "Recoupment" means
			 recovery of an overpayment of an assistance payment.
(20) "Sanctioned individual" means a person
			 who is required to be included in the benefit group, but who is excluded from
			 the benefit group due to failure to fulfill an eligibility
			 requirement.
(21) "Self-employment
			 income" means income from a business enterprise if taxes are not withheld prior
			 to receipt of the income by the individual.
(22) "Supplemental security income" or "SSI"
			 means a monthly cash payment made pursuant to
			 42 U.S.C.
			 1381 to
			 1384 to the aged, blind, or
			 persons with a disability.
(23)
			 "Unavailable" means that the income is not accessible to the KTAP benefit group
			 for use toward basic food, clothing, shelter, or utilities.
(24) "Workforce Innovation and Opportunity
			 Act" or "WIOA" means a program to assist adults, dislocated workers, and youth
			 with entering, retraining, and advancing within employment.
(25) "Work expense standard deduction" means
			 a deduction from earned income intended to cover mandatory pay check
			 deductions, union dues, and tools.