Tracking #2007-00973
Final adoption following publication 10/5/07, eff. 12/1/07

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(9 CCR 2503-1)

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Addition of Section 3.636 and re-numbering of subsequent subsections were final (permanent) adoption of emergency rules at the 10/5/2007 State Board rule-making session, with an effective date of 10/1/2007 for the prior emergency rules (Rule-making# 07-8-16-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rules. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration. 
Revision of Sections 3.120.28, 3.130.11, 3.608.1, 3.610.1, 3.612.1, 3.612.2, 3.618, 3.618.2, 3.810.6, 3.750 through 3.770 were final adoption following publication at the 10/5/2007 State Board rule-making session, with an effective date of 12/1/2007 (Rule-making#'s 07-5-24-1 and 07-6-28-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rules. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration

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3.120.28  Verification Requirements for Colorado Works [Rev. eff. 12/1/07]
Additional verification requirements for the Colorado Works Program may be found in Section 3.600 et seq. of this manual.

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3.130.11  Definition [Rev. eff. 12/1/07]
A "redetermination of eligibility" shall mean a case review and necessary verification to determine whether the recipient continues to be eligible to receive assistance and, if eligible, the amount of such assistance. Beginning as of the case approval date, a redetermination shall be accomplished: 
A.  Each 12 months for OAP, AND, and AB cases;
B.  Annually, a face-to-face interview for Colorado Works cash assistance cases.

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3.608.1    COUNTABLE RESOURCES [Rev. eff. 11/1/06]
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3.610.1  [Rev. eff. 12/1/07]
Countable unearned income includes but is not limited to the following: 
A.  Rental income shall be considered unearned income unless the applicant or participant actively manages the property at least an average of twenty (20) hours per week, then the rental income shall be considered self employment income, as defined at Section 3.609.
B.  Inheritance, gifts, and prizes;
C.  Dividends and interest received on savings bonds, leases, etc.;
D.  All support and alimony payments shall be used to determine eligibility. Child support returned to families in a county that exercises the option to pass through the state and county share of current child support collection shall be disregarded when determining the Colorado Works grant amount;
E.  Non-exempt educational grants; 
F.  Annuities, pensions, or retirements payments;
G.  Disability or survivor’s benefits;
H.  Workmen’s Compensation payments;
I.  Unemployment Compensation;
J.  Social Security benefits;
K.  Veteran Compensation and pension.

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3.612.1  EXEMPTIONS FROM CONSIDERATION AS RESOURCES OR INCOME [Rev. eff. 12/1/07] 
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M.  Any grant or loan to any undergraduate student for educational purposes made or insured under any programs administered by the Commissioner of Education as a part of a need-based package; or by the Bureau of Indian Affairs (BIA) (Basic Education Opportunity Grants, Supplementary Education Opportunity Grants, National Direct Student Loans and Guaranteed Student Loans; Pell Grant Program, the PLUS Program, scholarships given to individuals for education and training, the BYRD Honor Scholarship programs and the College Work Study Program). To determine exempt status of an educational grant, the county department may contact the financial aid office of the educational institution. 
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3.612.2  RESOURCE EXEMPTIONS FOR COLORADO WORKS [Rev. eff. 12/1/07] 
For the purpose of determining eligibility for Colorado Works, the following shall be exempt from consideration as a resource. 
A.  One motor vehicle and an additional motor vehicle for each employed member of the assistance unit, who is employed, job ready or in a Federally countable work activity. 
B.  The primary residence or homestead property of a family applying for assistance. 
C.  Any real estate asset that does not produce or provide income for the participant and is not a secondary residence of the participant. 
D.  Household goods and items or personal property such as, but not limited to clothing, furniture, appliances, jewelry and other such items. 
E.  Personal property necessary for self employment such as, sales stock, inventory or tools. 
F.  Burial plots and burial insurance plans.
G.  Life or disability insurance policies that may have a cash value. 
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3.618  REDETERMINATION OF ELIGIBILITY [Rev. eff. 12/1/07]
A redetermination of eligibility shall mean a face-to-face review with necessary verifications to determine whether the participant continues to be eligible for Colorado Works. A redetermination shall be accomplished annually.
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3.618.2  REOPENS AND REINSTATEMENTS [Rev. eff. 12/1/07]
Cases may be reopened prior to the effective date of closure with good cause and reinstated with retrospective budgeting if closed less than thirty (30) calendar days.
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3.810.6  LIMITATIONS - TIME AND AMOUNT - NOT APPLICABLE TO AFDC/COLORADO WORKS 

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