921 Kar 2:520. Work Incentive Or "win"

Link to law: http://www.lrc.ky.gov/kar/921/002/520.htm
Published: 2015

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      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),



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


      (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


      (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;


      (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.)