921 KAR 2:520. Work Incentive or ''WIN''.
RELATES TO: KRS 205.200, 205.211, 205.2003, 45
C.F.R. Parts 260-265, 42 U.S.C. 601-619
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2),
205.2003
NECESSITY, FUNCTION, AND CONFORMITY: KRS
194A.050(1) requires the secretary to promulgate administrative regulations
necessary to implement programs mandated by federal law 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 Chapter 205 requires the Cabinet for Health and Family Services to
administer the public assistance 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 205.2003 requires the cabinet to promulgate
administrative regulations to develop a work program for recipients of public
assistance to provide for immediate employment or preparation for employment,
and to provide supportive services to assist in the pursuit of work and
self-sufficiency. This administrative regulation establishes requirements for
receiving the work incentive payment.
Section 1. Definitions. (1) "Benefit
group" means a group that meets the eligibility requirements established
in 921 KAR 2:016.
(2) "Cabinet" means the Cabinet for
Health and Family Services.
(3) "Employed" means a person performs
a physical or mental activity in exchange for direct monetary compensation.
(4) "Family Alternatives Diversion
Program" or "FAD" means a money payment diversion program for
families in need in accordance with 921 KAR 2:500.
(5) "Kentucky Transitional Assistance
Program" or "K-TAP", means Kentucky’s Temporary Assistance for
Needy Families or "TANF" money payment program for a child in
accordance with 921 KAR 2:006.
(6) "Overpayment" means a work
incentive payment received by an individual who after an initial determination
of eligibility:
(a) Is determined to be ineligible for the
program; and
(b) Received erroneous benefits.
(7) "Work expense" means costs or
charges accumulated as a result of items or services necessary for employment.
Section 2. Eligibility for WIN. (1) To qualify
for WIN, a member of the benefit group shall:
(a) Be discontinued from K-TAP with earnings;
(b) Report and provide written verification to
the cabinet within ten (10) calendar days of obtaining employment;
(c) Have an eligible child as defined in 921 KAR
2:006, Section 1;
(d) Be employed;
(e) Have a work expense;
(f) Be a resident of Kentucky; and
(g) Have total gross earned and unearned income
at or below 200 percent of federal poverty level.
(2) An individual is not eligible for WIN if:
(a) Employment is obtained after the K-TAP case
is discontinued; or
(b) The individual has previously received a WIN
payment.
(3) An eligible recipient shall not receive
K-TAP, FAD, or WIN concurrently.
Section 3. Eligibility Period. (1)(a) The
potential WIN eligibility period for an approved WIN recipient shall be a nine
(9) consecutive month period beginning with the first month of discontinuance
of K-TAP.
(b) Eligibility shall be redetermined monthly.
(2) A recipient discontinued from K-TAP shall be
eligible for one (1) lifetime WIN eligibility period.
(a) An eligible WIN recipient shall be eligible
for up to nine (9) months of WIN payments.
(b) If an eligible recipient loses employment,
the WIN payment shall stop unless:
1. New employment is obtained within one (1)
month; and
2. Written verification is provided to the
cabinet within ten (10) calendar days of obtaining new employment.
(c) If eligibility in accordance with Section
2(1) of this administrative regulation is no longer met, the WIN payment shall
stop even if months are remaining in the eligibility period.
(d) If the eligible WIN recipient reapplies and
is eligible for K-TAP, the WIN payment shall stop even if months remain in the
WIN eligibility period.
(3) An eligible recipient shall not waive receipt
of the WIN payment in order to receive the payment at a later date.
Section 4. Payment Amount and Authorization. (1)
To the extent funds are available, the payment amount shall be $130 per month
per eligible adult.
(2) The first payment shall be automatically
issued on the tenth day of the effective month of the discontinuance of K-TAP
benefits.
(3) Each subsequent payment may be issued upon
the cabinet receiving:
(a) A completed "WIN-1, Work INcentive (WIN)
Report ", within ten (10) calendar days of issuance; or
(b) A completed "WIN-2, Second Notice for
Work INcentive (WIN) Report ", within ten (10) calendar days of issuance.
Section 5. Overpayments. (1) The cabinet shall
recover the amount of an overpayment, including assistance paid pending the
outcome of a hearing, from the claimant-payee.
(2) An overpayment shall be recovered through:
(a) Repayment by the claimant-payee to the cabinet;
or
(b) Cabinet initiation of a civil action in the
court of appropriate jurisdiction after the claimant-payee has exhausted or
abandoned the administrative and judicial remedies specified in 921 KAR 2:055.
Section 6. Hearings and Appeals. An applicant or
recipient of WIN payments who is dissatisfied with an action or inaction on the
part of the cabinet may seek a hearing pursuant to 921 KAR 2:055.
Section 7. Incorporation by Reference. (1) The
following material is incorporated by reference:
(a) "WIN-1, Work INcentive (WIN) Report,
edition 3/03 "; and
(b) "WIN-2, Second Notice for Work INcentive
(WIN) Report, edition 3/03 ".
(2) This
material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department for Community Based Services, 275 East Main
Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.
(29 Ky.R. 859, Am. 2296; eff. 3-19-03.)
