Tracking# 2013-00244 
FA/P 5/3/13, eff. 7/1/13 

I:/12121801.rtf
(I:/12121801.doc)

(9 CCR 2503-1) 

[Instructions: insert both paragraphs before line 2321584.]
Revisions of Sections 3.360.44 and 3.460.45 were final (permanent) adoption following publication of previous emergency rules at the 5/3/2013 State Board rule-making session, with an effective date of 7/1/2013 (Rule-making# 13-2-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration. 
Revisions of Sections 3.602.1, 3.604.2, 3.605.3, 3.606.1 through 3.606.4, 3.608.4, and 3.609.1 were final adoption following publication at the 5/3/2013 State Board rule-making session, with an effective date of 7/1/2013 (Rule-making# 12-12-18-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration. 

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(9 CCR 2503-6) 

[Instructions: replace lines 2326970 through 2326971.]
3.602  APPLICATIONS FOR COLORADO WORKS 
3.602.1  Applications [Rev. eff. 7/1/13]

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[Instructions: replace lines 2326995 through 2327013.]
E.  Receiving Applications for Colorado Works Benefits
1.  When receiving applications for benefits, county workers shall:
a.  Receive applications;
b.  Review applications for completeness and determine eligibility for assistance;
c.  Make a home visit when required by county policy to determine a county approved setting for a minor applicant; and,
d.  Refer the applicant or participant to other services when appropriate.
2.  The application process shall consist of all activity from the date the application is received from the applicant until a determination concerning eligibility is made. Language translation via interpreter shall be provided by the county department of residence as needed. The major steps in the application process shall include:
a.  The application shall be date stamped by the county department to secure the application date for the applicant;
b.  An explanation shall be provided to the applicant of the various benefit options;
c.  An explanation shall be provided to the applicant of the eligibility factors;
d.  An explanation shall be provided to the applicant of the applicant's responsibility to accurately and fully complete the application, provide documents to substantiate eligibility factors, and that the applicant may use friends, relatives, or other persons to assist in the completion of the application;
e.  An assurance shall be provided to the applicant of the county worker's availability to assist in the completion of the application and to secure needed documentation which the applicant is unable to otherwise secure;
f.  An explanation shall be provided to the applicant of the process to determine eligibility;
g.  An explanation shall be provided to the applicant of the applicant's rights and responsibilities including confidentiality of records and information, the right to non-discrimination provisions, the right to a county dispute resolution process, the right to a state-level appeal, the right to apply for another category of assistance and that a determination of the applicant's eligibility for such other assistance will be made;
h.  An explanation shall be provided to the applicant that the applicant may terminate the application process at any time.
i.  The agency shall inform all applicants in writing at the time of application that the agency will use all Social Security Numbers (SSN) of required household members to obtain information available through state identified sources. One interface includes, but is not limited to, the Income and Eligibility Verification System (IEVS) used to obtain information of income, eligibility, and the correct amount of assistance payments. Information gathered through State identified sources may be shared with other assistance programs, other states, the Social Security Administration, the Department of Labor and Employment, and the Child Support Enforcement Program; and,
j.  An explanation shall be provided to the applicant of all Colorado Works program benefits and requirements applicable to the family members in the household. The county department shall, when appropriate, provide the information verbally and in written form.
3.  An application has been made when the county department receives the signed public assistance application forms prescribed by the State Department. An application is distinguished from an inquiry. Eligibility requirements can be found at Section 3.604 Eligibility Criteria for Colorado Works Payments and Services.
4.  An application must be accepted by any county department; however, it is the responsibility of the county of residence to determine eligibility. The county department that received the application incorrectly shall forward the application to the county of residence promptly. 

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[Instructions: replace lines 2327024 through 2327029.]
I.  Normal Processing Standard
1.  For applications containing a request for both Food Assistance and Colorado Works, the county department shall act to determine eligibility for expedited food assistance benefits within seven (7) calendar days and to make changes in food assistance eligibility and benefits as applicable.
2.  The county department shall consider an application for Colorado Works to be an application for all programs of public assistance, except for child welfare services, for which the applicant has requested assistance. County departments shall make applicants aware of other services and assistance under other public assistance programs that they may be eligible. The determination of eligibility for Colorado Works shall be made as soon as eligibility criteria is met and all required verification is provided, but not more than forty-five (45) calendar days of the original date of application unless the applicant has requested and the county department has approved the extension of time. 
3.  The county department shall make an eligibility determination on a case as soon as eligibility criteria is met and all required verification is provided, but not more than forty-five (45) calendar days from the application date. The determination should be followed by a written notification of eligibility status to the household. Applicants who refuse to cooperate in completing the application processes shall be denied based upon timely noticing in accordance to Section 3.609.7, E, 4, F, 4. In cases where verification is incomplete, the county department shall provide the household with a statement of required verification on the State prescribed notice form and offer to assist the household in obtaining the required verification. The county department shall allow the household ten (10) calendar days to provide the missing verifications, unless the household can provide good cause or the verification falls under the programs verification at an individual level described in Section 3.609.4, O. If good cause is provided, the applicant shall have until the twentieth (20th) calendar day following the date of application to provide the necessary verification. The state prescribed notice form shall reflect specific months of eligibility and ineligibility.
4.  Following a determination of ineligibility, applications remain valid for a period of thirty (30) calendar days. Households reapplying for benefits more than thirty (30) calendar days from the date of the original application date must submit a new application. For households reapplying for benefits within thirty (30) calendar days of the original application, the date the county is contacted and a request for assistance is made shall be the new application date. 
5.  County departments shall require no more than one interview for a Colorado Works applicant. When an interview is conducted, the county worker shall review the application for completeness and secure, if necessary, signed copies of the Authorization for Release of Information form, and any other forms or documentation necessary to determine eligibility. 

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[Instructions: replace lines 2327280 through 2327460.]
3.604.2  Assistance Unit [Rev. eff. 7/1/13]
A.  Assistance Unit
An assistance unit consists of members of the household who live together and whose income and other circumstances are considered to determine eligibility and payment amount.
Members of the same assistance unit who meet the requirements of the Colorado Works program shall receive basic cash assistance or shall be considered when determining diversion grant amounts.
B.  Persons not required to be in one assistance unit, but residing in the same household, shall have the option of applying for Colorado Works as separate units. Each assistance unit shall be budgeted using the appropriate need standard for the unit.
C.  Mandatory Members of an Assistance Unit
Mandatory members of an assistance unit shall conform to the following requirements:
1.  Dependent child(ren) who live in the home of a specified caretaker
2.  Specified caretakers other than a parent(s) who are requesting assistance.
3.  Parents, siblings, and half siblings of the dependent child shall apply for Colorado Works as one assistance unit.
a.  A half sibling who is receiving child support shall not be required to be in the assistance unit or budgetary unit (see budgetary unit described in Section 3.604.2, D, below). The parent or legal guardian of the half sibling receiving child support shall decide whether to include such half sibling receiving child support in the assistance unit.
b.  A sibling is not required to be in the assistance unit or budgetary unit if there is an established court order, child welfare involvement or an adoption is present.
4.  In cases where a parent lives in the home of another specified caretaker, and retains legal custody of a child, that parent is a mandatory member of the assistance unit. A parent who no longer has legal custody of a child, but lives in the home, is not a mandatory member of the assistance unit or budgetary unit. 
A parent shall never be separated from a child, unless responsibility is established with another specified caretaker through court order, child welfare, or adoption.
D.  Budgetary Unit
Budgetary unit members of the assistance unit are those in the household whose income and expenses are considered in the determination of eligibility and payment calculation.
1.  The budgetary unit consists of individuals from the household who choose to apply for benefits and who meet non-financial eligibility requirements; and people who must apply for benefits because of their relationship to those people. If the budgetary unit does not include at least one applicant who meets all non-financial eligibility requirements, the assistance unit is ineligible. Individuals must provide any information or verification needed to determine who must be in the assistance unit. The following must be included in the budgetary unit:
a.  A dependent child (or unborn child if pregnancy exists);
b.  Parents of dependent child(ren) in the household;
c.  Expectant parent;
d.  Siblings;
e.  Specified caretakers other than a parent requesting assistance.
2.  A parent who no longer has legal custody of a child, but lives in the home is not a mandatory member of the budget unit. A referral to child support services shall occur unless good cause exists. 
3.  The following can be excluded from the budgetary unit: 
a.  A specified caretaker other than a parent who chooses not to receive assistance for himself or herself.
b.  Individuals who are eligible for and receive an SSI cash payment
E.  A dependent child is considered to be living in the home of a specified caretaker as long as the parent, guardian, or other specified caretaker exercises the responsibility for the care of the child even if the following occurs:
1.  The child or the caretaker is temporarily absent from the home to receive medical treatment;
2.  The child is under the jurisdiction of the court;
3.  Legal custody is held by an agency that does not have physical possession of the child;
4.  The child is in regular attendance at a school away from home. 
F.  School-aged, dependent children must be in school, home school, pursuing a GED, or attending online courses to obtain a high school diploma or GED to be considered eligible to receive assistance. A dependent child is still considered to be a student in regular attendance during official school or training program vacation periods, absences due to illness, convalescence or family emergencies.
G.  Assistance units may remain eligible and payment for the child shall continue for Colorado Works when children are absent from the home for a period greater than forty-five (45) consecutive calendar days for the following reasons: 
1.  Child(ren) receiving medical care or education that requires him or her to live away from the home; or, 
2.  Child(ren) visiting a noncustodial parent, as specified in a parenting plan entered by the court or by both parties not to exceed six (6) months unless otherwise specified and must be signed by both parties; or,
3.  Child(ren) residing in voluntary foster care placement for a period not expected to exceed three (3) months. Should the foster care plan change within three months and the placement become court-ordered, the child is not longer considered to be living in the home as of the time the foster care plan is changed.
H.  A "specified caretaker" is a person who exercises the responsibility for the child. The following hierarchy shall be followed. A specified caretaker: 
1.  Is a parent; or,
2.  Is a relative by blood, marriage, or adoption who is within the fifth degree of kinship to the dependent child (not to be separated due to death or divorce); or is appointed by the court to be the legal guardian or legal custodian of the dependent child; or,
3.  If those identified in a-b above are not available, is a person who exercises responsibility for a dependent child within the person’s home and provides verification of such responsibility.
The individual who exercises responsibility shall be deemed the specified caretaker for the assistance unit. Parents are both mandatory and budgetary members of the assistance unit. Work eligible parents must participate in program work requirements. A relative or unrelated work eligible specified caretaker(s) must participate in program work requirements if they choose to be a member of the assistance unit. A specified caretaker described in 1 and 2 above has the opportunity to choose if he or she is a member of the assistance unit and therefore possibly a member deemed work eligible who must participate in the work requirements of the program.
I.  A parent, guardian or specified caretaker is considered to be living in the home and may continue as a member of the assistance unit/ family needs unit if the individual is temporarily away from home if one of the following occurs: 
1.  Is on active duty in the uniformed service of the United States.
2.  Is temporarily absent from the home to receive medical treatment.
3.  Is temporarily absent from the home for less than forty-five (45) calendar days and has established an intent to return.
J.  Adding and Removing Members of the Assistance Unit
The application for Colorado Works assistance shall be the only required application for the assistance unit. This application shall cover all members who join the assistance unit after initial application. Verification is still needed to establish eligibility for the member joining the assistance unit.
1. New Members
a.  A new member(s) who is added to an existing assistance unit shall be added effective the first day of the following month that the assistance unit reported the change and provided any necessary verifications. If income exists, it shall be used to determine eligibility and payment for the first month following the reporting month. The assistance unit shall receive assistance according to the negative and positive change rules in Sections 3.606.1, J and 3.606.2, J and K. 
b.  If a pregnancy has been previously verified, documentation shall consist of the birth date and a Social Security Number (SSN) or an SSN application. No other documentation is required to add a baby to the assistance unit after the birth is reported unless there is questionable information regarding relationship to a parent(s), citizenship, or qualified non-citizenship status, no delay in taking case action. 
2. Member Leaving the Home
When a member of the assistance unit leaves the home, the county department shall act on this change by entering the change into the statewide benefit management system. If this change was reported timely, the individual’s income shall be excluded beginning the first day of the month following the month the individual reported they left the home and the basic cash assistance grant adjusted accordingly. 
If the member leaving the home is the only dependent child on the case, or if a pregnancy is terminated and that pregnancy was the eligibility factor that set the certification period, the case shall be terminated the month following the date the change is reported timely. 
3.  Member Leaving One Assistance Unit and Entering Another Assistance Unit 
When a member leaves the home and applies for assistance and/or someone is requesting assistance for that member during the original assistance unit’s certification period, the new assistance unit may apply for the member as he/she leaves the original assistance unit. 
A member requesting assistance in a new assistance unit shall not receive a portion of the assistance unit’s basic cash assistance grant until benefits have been terminated for that member in the original assistance unit. 
For a member who requests assistance stop for him or herself, a reduction or termination in basic cash assistance for the original assistance unit shall affect the case after timely notice is applied to the original assistance unit. 
When there is no formal request to stop benefits, that individual is considered to be a part of the assistance and budgetary units during the adverse action period. For the new assistance unit, that member who received assistance in the original assistance unit shall not receive assistance until benefits have been terminated for that member in the original assistance unit. For the original assistance unit, the grant amount will be recalculated using the new household size and benefits will continue as long as eligibility continues for that assistance unit until the certification period ends. 
For the new assistance unit, the individual shall be considered part of the household. The individual who is receiving payment in the original assistance unit shall not receive payment in the new assistance unit until payment for that individual in the original assistance unit is terminated. All other members of the new assistance unit may receive assistance if they are determined to be eligible for assistance. 
4.  Individual leaving the home, not a required member of the assistance unit
If an individual leaves and was not a mandatory member of the assistance unit, but one whose income was used to determine eligibility and payment for the assistance unit, the individual’s income shall be excluded as of the first day of the month following the month the person reported they left the home. 
K.  Indian Tribe Eligibility
Members of an Indian Tribe not eligible for assistance under a Tribal Family Assistance Plan are eligible for Colorado Works.
L.  Applicant/Participant Criteria
To participate in Colorado Works, an applicant or participant must: 
1.  Be a resident of Colorado. There shall be no durational residence requirement and an individual who establishes intent to remain in Colorado shall be considered a resident. Residence shall be retained until abandoned. Persons receiving TANF assistance from another state shall not be eligible for Colorado Works cash assistance during any month an assistance payment was made by the other state; 
2.  Be: 
a.  A citizen of the United States; or,
b.  A Qualified Legal Non-Citizen who entered the United States prior to August 22, 1996; or,
c.  A Qualified Legal Non-Citizen who entered the United States on or after August 22, 1996, who has been in a qualified non-citizen status for a period of five years or, if less than five years, is in a federal exempt category pursuant to the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", 8 U.S.C. 1613(B); no amendments or editions are included. Copies of these federal laws are available from the Colorado Department of Human Services, Director of the Colorado Works Division, 1575 Sherman Street, Denver, Colorado 80203, or at any State publications library.
1)  A qualified legal non-citizen includes a legal permanent resident non-citizen with forty (40) quarters of work by the individual, his or her spouse or parent, battered spouse under certain circumstances and defined at 3.604.1, L, 7 and 11; and,
2)  Refugees are qualified non-citizens exempt from the five-year bar. Those refugees eligible for assistance through Colorado Works shall submit an application to their county of residence. Those applications that have been approved shall be referred to the Colorado Refugee Services Program for other ongoing case management and services offered through Colorado Works.
3)  Child(ren) residing in voluntary foster care placement.
3.  Be a member of an assistance unit who meets eligibility requirements and who is: 
a.  A dependent child(ren) under the age of eighteen (18); or,
b.  A dependent child(ren) between the ages of eighteen (18) and nineteen (19) who is a full-time student in a secondary school, home school, or in the equivalent level of vocational or technical training and expected to complete the program or graduate before age nineteen (19). Such children are eligible through the month of completion; or,
c.  A specified caretaker age eighteen (18) or older or an emancipated individual, such as a parent(s) or specified relative(s) of a dependent child, including pregnant parents upon providing verification from a medical provider of the pregnancy if applicable; or,
d.  An unemancipated minor or teen parent under age eighteen (18) who is in a county approved setting.
1)  Emancipation shall be considered when a minor is emancipated from a state that has emancipation laws and can provide verification of such emancipated status; or
2)  "Emancipated juvenile", as used in Section 19-1-103(45), C.R.S, means a juvenile over fifteen years of age and under eighteen years of age who has, with the real or apparent assent of the juvenile's parents, demonstrated independence from the juvenile's parents in matters of care, custody, and earnings. The term may include, but shall not be limited to, any such juvenile who has the sole responsibility for the juvenile's own support, who is married, or who is in the military.
4.  Be a noncustodial parent who may receive services, but not basic cash assistance.
5.  Not be admitted to an institution as a patient for tuberculosis or mental disease, unless the person is a child and receiving "under 21" psychiatric care under Medicaid benefits.
6.  Not be in the custody of or confined in a county, state, or federal correction facility or institution by definition of an inmate, as one who is serving time identified by the court, except as a patient in a public medical institution. Those considered to not be an inmate include, but are not limited to, those on a work release or court monitoring system.
M.  “Program prohibitions” shall mean any of the following that prevents a required member of the assistance unit from participating in the Colorado Works program.
1.  The individual has misrepresented his or her residence to receive TANF assistance, benefits, or services simultaneously in two or more states;
2.  The individual is a fugitive or fleeing felon;
3.  The individual has been convicted of a drug-related felony on or after July 1, 1997, unless the county has determined that the person has taken action toward rehabilitation, such as, but not limited to, participation in a drug treatment program. Convicted includes a plea of guilty, finding of guilt by a judge or jury, deferred judgment and sentence, deferred adjudication, deferred prosecution, plea of nolo contendere;
4.  The individual is a non-citizen who does not meet the definition of an eligible qualified non-citizen;
5.  The individual has been convicted of welfare fraud under the laws of this state, any other state, or the Federal government. The individual convicted of fraud shall be excluded from receiving payment but may receive services as deemed necessary;
6.  The individual lacks or failed to provide a Social Security Number (SSN) or proof of application for a SSN.
N.  Applications for Colorado Works
Application for Colorado Works shall be made by a specified caretaker with whom the dependent child is living. A specified caretaker is any relation by blood, marriage or adoption, who is within the fifth degree of kinship to the dependent child. A specified caretaker may also include an individual who exerts the responsibility for a child as defined in the definitions sections.
O.  Colorado Works and Child Support Enforcement
1.  Cooperation with Child Support Enforcement as an Eligibility Requirement
As a condition of continued eligibility, applicants for Colorado Works are statutorily required to assign all rights to child support on their own behalf or on behalf of any other member of the assistance unit for whom the application is made. An applicant's failure to sign and date the application form to avoid assignment of support rights precludes eligibility for the assistance unit. Failure to cooperate with Child Support Enforcement at application and/or while receiving basic cash assistance, without good cause, will result in the termination or discontinuation of the Colorado Works basic cash assistance grant.
This assignment is effective for child support due and owing during the period of time the person is receiving public assistance, takes effect upon a determination of eligibility for Colorado Works cash assistance, and remains in effect with respect to the amount of any unpaid support obligation accrued under the assignment that was owed prior to the termination of Colorado Works cash assistance to the participant. The application form shall contain acknowledgement of these provisions and shall be signed and dated by the applicant or participant.
a.  Applicants and participants may request that their case not be referred to Child Support Enforcement based upon good cause. Claims found to be valid are: 
1)  Potential physical or emotional harm to a child(ren).
2)  Potential physical or emotional harm to a parent or caretaker relative.
3)  Pregnancy or birth of a child related to incest or forcible rape.
4)  Legal adoption before court or a parent receiving pre-adoption services.
5)  Other reasons documented by the county department.
6)  Reasons considered to be in the best interest of the child.
7)  Other court order.
b.  Every applicant and participant shall be given notice and the opportunity to claim that his or her case should not be referred to Child Support Enforcement based upon good cause.
c.  Determination of such good cause must be in writing and documented in the case file by the county director or designee of the county director.
d.  Each case not referred based upon good cause shall be reviewed by the county director or designee yearly.
2.  Unreimbursed Public Assistance
Basic Cash Assistance shall be considered part of the Unreimbursed Public Assistance (UPA) as defined in the Child Support Enforcement rule manual at Section 6.002 (9 CCR 2504-1).
3.  If a family is ineligible for Colorado Works Basic Cash Assistance due to child support income and the income received from child support is either not received or is less than the family need standard, the family may request to be reinstated for assistance in the that month. The income from the current month will be used to determine eligibility and payment prospectively.
P.  Assistance for Eligible Refugees
Refugees are qualified aliens exempt from the five-year bar. Those refugees eligible for assistance through TANF/Colorado Works shall submit an application to their county of residence. Those applications that have been approved shall be referred to the Colorado Refugee Services Program for other ongoing case management and services offered through the TANF/Colorado Works program.
1.  The Colorado Refugee Services Program (CRSP) is responsible for performing the eligibility assessment as required by Section 3.625.1 for all refugees referred to them by county departments and will apply uniform guidelines that apply to all county departments regarding the assessment of refugees.
2.  Based on the assessment of the refugee, CRSP will make recommendations to the county departments and will apply uniform guidelines that apply to all county departments regarding the assessment of refugees. These recommendations shall include, at a minimum:
a.  Whether the refugee is determined to be job-ready or not-job-ready;
b.  The type(s) of activities that will be most beneficial to the refugee; and,
c.  The amount and duration of supportive services and other assistance payments necessary to achieve self sufficiency for the refugee.
3.  The county department shall consider the recommendations of CRSP and the recommended supportive services and other assistance within the county policy, within an agreed upon timeframe not to exceed forty-eight (48) hours.
Q.  Individuals Ineligible for Colorado Works Program
The following individuals shall not be eligible under Colorado Works: 
1.  Fugitive or fleeing felons, parole violators, or probation violators;
2.  Specified caretakers who fail to report, without good cause within normal program reporting requirements, a child(ren) who is expected to be out of the home for longer than forty-five (45) calendar days will be ineligible for assistance for ninety (90) calendar days from the date that it is determined he or she should have reported the expected absence;
3.  Persons convicted of a drug-related felony on or after July 1, 1997, unless the county department has determined that the person has taken action toward rehabilitation, such as, but not limited to, participation in a drug treatment program;
4.  Persons participating in a strike;
5.  Qualified legal non-citizens or those who are not federally exempt, who entered the United States on or after August 22, 1996, are ineligible for cash assistance for five (5) years from date of entry into the United States.
R.  Penalties for Disqualified and Excluded Persons
Persons who are required members of the assistance unit, but are disqualified or excluded from receiving Colorado Works basic cash assistance or diversion due to program prohibitions or violations, shall be removed from the assistance unit.
The following disqualified or excluded individuals who are removed from the assistance unit shall have such month counted as a month of participation in the calculation of their overall sixty-month lifetime maximum as referenced for adults under "Time Limits”. Disqualified individual’s income be considered when determining eligibility without applying income disregards.
1.  Individuals convicted by a court or whose disqualification was obtained through an Intentional Program Violation (IPV) waiver for misrepresenting their residence in order to obtain assistance in two states at the same time shall have their Colorado Works assistance denied for ten (10) years.
2.  Individuals who have committed fraud as determined by a court or determination of an IPV by administrative hearing shall result in the disqualified caretaker being removed from the grant for a twelve (12) month period for the first offense, twenty-four (24) months for the second offense, and lifetime for the third offense. An IPV from another state shall be used to determine eligibility for an individual. The level of the IPV established by the Administrative Law Judge from the other state shall be used to determine the level of the IPV for Colorado Works. The timeframes established herein shall be used; the timeframe established from the other state shall no longer be valid.
3.  Individuals who are fugitive or fleeing felons, parole violators, or probation violators (reference Section 3.604.2, J).
4.  Individuals who have been convicted of a drug-related felony (reference Section 3.604.2, J).
5.  Individuals who have failed to apply for a Social Security Number.
6.  Individuals who are non-citizens and do not meet the definition of a qualified legal non-citizen, those who fail to prove citizenship or fail to provide proof that they are otherwise possess a qualified non-citizen status and/or proof of lawful presence (reference Sections 3.604.1, N, 5 and 3.604.2, M, 3).
S.  Minor Parent Applicants/Participants
1.  Assistance units which include an unmarried minor parent(s) under the age of eighteen (18) who is not living in the home of a specified caretaker or in another arrangement approved by the county shall not be eligible to receive benefits under Colorado Works.
2.  Counties shall assist minor parents under age eighteen (18) who are otherwise eligible and are not living in a county approved living arrangement to find an approved arrangement.
3.  Counties shall assist assistance units which include an unmarried minor parent(s) under the age of eighteen (18) who has a child at least twelve (12) weeks of age and who has not completed his or her high school education or GED, and who is not participating in educational activities or an approved training program, in participating in such programs within sixty (60) calendar days from the date the initial assessments is completed for those sixteen (16) or older or within sixty (60) calendar days from the date the eligibility interview takes place for those under the age of sixteen (16). Participation means enrollment, attendance, or an action otherwise specified by the county department. Failure to participate without good cause will result in the termination or discontinuation of Colorado Works Basic Cash Assistance.
T.  Assistance for Minor Parents
1.  Minor Parents and Specified Caretaker
A minor parent living in the home of a specified caretaker may apply for Colorado Works. If the specified caretaker chooses not to be a mandatory member of the assistance unit, the minor must be in a county approved setting. The minor shall receive assistance as a child if approved.
If the specified caretaker chooses to be a mandatory member, the county department may choose if it is necessary to approve the setting before assistance is provided per county policy. The minor shall receive assistance as a child if approved per the payment standard as specified at Section 3.606.2.
A minor living in the home of a parent may apply for Colorado Works. If the parent is a mandatory member of the assistance unit, the minor shall receive assistance as a minor unless the minor has a marital status of married, divorced, or separated.
2.  A minor who is a parent may apply for Colorado Works benefits. If the child is emancipated and has the marital status other than single, and does not live in the home of a specified caretaker, the child may not receive benefits until deemed to be in a county approved setting by the county department. The minor shall receive assistance as an adult if approved.
3.  Financial Responsibility
In determining eligibility for Colorado Works for household members, financial responsibility is limited to a parent for his or her child. Financial responsibility of parents for a child is not changed by the fact that the child may be pregnant or is a mother/father and caretaker of her/his own child. The income of the parent of a minor child shall be used to determine eligibility per Section 3.605.1, Determining Eligibility for Household Members and the Consideration of Income.
U.  Two-Parent Assistance Unit
Eligibility and exemption criteria for families with two parents shall be the same as for families with one parent. The basic cash assistance grant will be based upon the need standard for two parents plus child(ren).
V.  Family Violence Option (FVO) Waiver
The federal government allows state Temporary Assistance for Needy Family (TANF) programs to electively participate in the option to waive certain program requirements for individuals who have been identified as victims of family (domestic) violence.
1.  Definition of Terms
a.  Domestic violence (also known as family violence) means: a pattern of coercive control one individual inflicts upon another in the context of familial, household or intimate partner (current or former) relationships including marriage and dating. Violence may be inflicted through a variety of means including, but not limited to:
1)  Physical acts threatening or resulting in physical injury to the individual, including hitting, punching, slapping or biting;
2)  Intimidation resulting in fear of imminent bodily harm through the use of gestures, displays of weapons or destruction of property, including pets;
3)  Threats of or attempts at physical or sexual abuse or other means of coercion and control, including harm to or threats to harm children, other family members, or pets;
4)  Sexual abuse or threats to inflict nonconsensual sexual acts, including sexual activity with a minor;
5)  Mental, emotional, or psychological abuse including degradation, constant put-downs, or humiliation that results in a reduced ability to engage in daily activities;
6)  Isolation from friends, family, or any type of emotional support system;
7)  Neglect or deprivation of medical care;
8)  Stalking;
9)  Economic abuse or control of finances through withholding money or sabotaging attempts to attain economic self-sufficiency; and/or,
10)  Child molestation, incest
b.  Domestic violence victim means any person who has experienced or is experiencing abuses as defined above.
c.  FVO trained worker means a county worker or contract staff who has participated in the Colorado Works approved Core FVO Training.
2.  Waiver Provisions
a.  The FVO waiver allows a county to exempt program participants from the following standard program elements if it is determined that participation in these elements would unfairly endanger or penalize an individual or their child(ren) as a result of their experience of family violence:
1)  Work Activities
2)  TANF Time Clock
3)  Child Support Enforcement
b.  The county department shall involve the participant when choosing to invoke a waiver. The individual at their discretion may accept or refuse any waiver offered.
3.  Requirements for Counties that Grant FVO Waivers: 
When a county department and applicant/participant invoke the Family Violence Option the following are required:
a.  Implement County written policies which at a minimum address:
1)  Domestic violence and FVO;
2)  How counties intend to provide information about the FVO waiver, related benefits, domestic violence services, and options provided by Colorado Works and others to all participants on an ongoing basis.
This information should be provided in accordance with Section 3.602.1 and at a minimum shall include (1) Procedures for voluntarily and confidentially self-identifying as a victim of domestic violence and how self-disclosed information will be used and (2) Benefits of and procedures for applying for waivers from any program requirements and extension of time limits;
3)  The process for screening and assessing domestic violence continually.
b.  Training and case actions for county staff.
1)  The Core FVO/Domestic Violence training shall be mandatory for all staff who play a role in determining, modifying, or granting waivers, including intake, assessment, case management, or workforce development staff. CDHS strongly recommends that all county staff, including experienced staff, supervisors, and/or managers, attend the Core FVO training at least once every five (5) years, and attend ongoing and specific training offered or recommended by Colorado Works and local agencies that address domestic violence issues.
2)  County staff who have participated in the Core FVO training shall be the only staff who shall provide information about and screen for domestic violence, assess for domestic violence waiver eligibility, make waiver determinations, review waivers and extensions, consider sanctions, and/or develop and modify an IRC of a participant who has a waiver.
c.  Follow certain processes with regard to all TANF applicants and participants includes:
1)  Screen Colorado Works applicants and participants by identifying those who are or have been victims of domestic violence by using the Domestic Violence Screening form.
2)  Assess Colorado Works applicants and participants who are identified as a victim of domestic violence by:
a)  The nature and extent to which the individual may engage in work activities;
b)  The resources and services needed to assist the individual in obtaining safety and self-sufficiency; and,
c)  A plan to increase the individual’s safety and self-sufficiency.
3)  Grant to victims of domestic violence exemptions (or waivers) of certain TANF requirements, good cause based on circumstances that warrant non-participation in program work requirements of this section, non-cooperation with Child Support Enforcement as defined in Section 3.604.2, L, or by allowing a program extension. Good cause may also be determined through the use of the prudent person principle standard as specified in Section 3.604.1, G.
a)  Good cause for granting an FVO waiver of work activities and/or the 60-month time limit is defined as anything that would potentially endanger or unfairly penalize a participant or the participant’s family if he/she participated in the county’s standard program/work activity requirements.
b)  Good cause for granting a waiver of the child support enforcement cooperation requirement is defined as anything that is not in the best interest of the child, e.g., potentially endanger or unfairly penalize the individual or child if the individual cooperated with child support enforcement.
d.  Provide certain resources to all TANF applicants and victims of domestic violence. Counties are to make immediate referrals to appropriate services, including: domestic violence services, legal services, health care, emergency shelter, child protection, and law enforcement. Such referrals are to be documented in the individual’s case file.
4.  FVO Provisions
a.  Screening applicants and participants includes:
1)  All applicants and ongoing participants are to be screened continually for domestic violence by trained workers.
2)  At any point in Colorado Works program participation, an applicant or participant may be identified or may self-identify as a victim of domestic violence.
3)  Workers are to use sensitivity and discretion in selecting the appropriate setting for domestic violence screening. The screening and any information related to the customer’s domestic violence shall remain confidential in accordance with Section 3.609.94. 

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[Instructions: replace line 2382429.]
3.605.3  Unearned Income [Rev. eff. 7/1/13]

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[Instructions: original “D” has been deleted; replace lines 2382482 through 2327843.] 
D.  General Income Exemptions – Exemptions from Consideration as Income
For the purpose of determining eligibility for Colorado Works, the following shall be exempt from consideration as income herein incorporated by reference; no later amendments or editions are incorporated. Copies of these federal laws are available from the Colorado Department of Human Services, Director of the Colorado Works Division, 1575 Sherman Street, Denver, Colorado 80203, or at any State Publications Library: 
1.  A bona fide loan. Bona fide loans are loans, either private or commercial, which have a repayment agreement.
2.  Benefits received under the Older Americans Act, Nutrition Program for the Elderly.
3.  The value of supplemental food assistance received under the special food services program for children provided for in the National School Lunch Act and under the Child Nutrition Act, including benefits received from the special supplemental food program for Women, Infants and Children (WIC).
4.  Home produce utilized for personal consumption.
5.  Payments received under Title II of the Uniform Reconciliation Act and Real Property Acquisition Policies Act; relocation payments to a displaced homeowner toward the purchase of a replacement dwelling are considered exempt for up to six (6) months.
6.  Experimental Housing Allowance Program (EHAP) payments made by HUD under Section 23 of the U.S. Housing Act.
7.  Payments from Indian judgment funds and tribal funds held in trust by the Secretary of the Interior and/or distributed per capita; and the initial purchase made with such funds.
8.  Distributions from a native corporation formed pursuant to the Alaska Native Claims Settlement Act (ANCSA) which are in the form of: cash payments up to an amount not to exceed $2,000 per individual per calendar year; stock; a partnership interest; or an interest in a settlement trust. Cash payments, up to $2,000, received by a recipient in one calendar year which is retained into subsequent years is excluded as income and resources; however, cash payments up to $2,000 received in the subsequent year would be excluded from income in the month(s) received, but counted as a resource if retained beyond that month(s).
9.  Assistance from other agencies or organizations that are provided for items not included in the need standard or do not duplicate a component of the need standard in total.
10.  Major disaster and emergency assistance provided to individuals and families, and comparable disaster assistance provided to states, local governments and disaster assistance organizations.
11.  Payments received for providing foster care.
12.  Payments to volunteers serving as foster grandparents, senior health aids, or senior companions, and to persons serving in the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) and any other program under Title I (AmeriCorps VISTA) when the value of all such payments adjusted to reflect the number of hours such volunteers are serving is not equivalent to or greater than the minimum wage, and Title II and Title III of the Domestic Volunteer Services Act.
13.  Training allowances or training scholarships granted by Workforce Investment Act (WIA) of 1998 or other programs to enable any individual to participate in a training program is exempt.
14.  Payments received from the Youth Incentive Entitlement Pilot Projects (YIEPP), the Youth Community Conservation and Improvement Projects (YCCIP), and the Youth Employment and Training Programs (YETP) under the Youth Employment and Demonstration Project Act (YEDPA).
15.  Social Security benefit payments and the accrued amount thereof paid to a person when an individual plan for self-care and/or self-support has been developed under the following conditions: (a) SSI permits such disregard under such developed plan for self-care-support goal, and (b) assurance exists that the funds involved will not be for purposes other than those intended.
16.  Payments made from the Agent Orange Settlement Fund or any fund established pursuant to the settlement in the Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.).
17.  Money received from the Radiation Exposure Compensation Trust Fund, P.L. No. 101-426 as amended by P.L. No. 101-510.
18.  Reimbursement of out-of-pocket expenses.
19.  Payments received by individuals because of their status as victims of Nazi persecution pursuant to P.L. No. 103-286.
20.  Individual Development Accounts (IDAs).
21.  Retirement savings accounts.
22.  Health care savings accounts.
23.  Income paid to children of Vietnam veterans who were born with spina bifida pursuant to P. L. No. 104-204.
24.  Income of an applicant or participant who is attending school (student in a secondary education or undergraduate degree program) shall be considered as follows: 
a.  Income received from a college work-study program grant shall be exempt when it is part of a "needs-based" package administered by the U.S. Commission of Education. Work-study income that exceeds the amount specified in a needs-based package shall be considered earned income.
b.  All earned income, including earned income from WIA, that is received by a dependent child who is a full-time student or a part-time student who is not a full-time employee shall be disregarded.
25.  Educational savings accounts.
26.  Educational grants, loans, stipends, and/or scholarships.
27.  The income and resources (including any share in resources or income jointly owned or received) of an individual receiving SSI.
28.  Income tax refunds.
29.  Earned Income Tax Credit (EITC).
30.  Refugee resettlement funds and reception and placement money.
31.  Interim Cash Payment received through the Colorado Refugee Services Program.
32.  Life or disability insurance policies that may have a cash value taken
33.  The benefits provided from the Low-Income Energy Assistance Program (LEAP).
34.  A child receiving subsidized adoption funds shall be excluded from the assistance unit and his or her income shall be exempt from consideration for Colorado Works eligibility and payment, unless such exclusion results in lower benefits to the family.
35.  Income that is exempt shall also be exempt if received as a lump sum or excluded if designated or legally obligated for legal fees related to obtaining the lump sum payment, medical bills, funeral and burial expenses or income taxes.
36.  Income tax credits when identified as exempt by the state or federal government.
E.  Child Support Income
1.  Any child support income paid directly to an assistance unit on behalf of a member of the assistance unit that is not turned over to the Child Support Enforcement program shall be counted as unearned income to determine eligibility and payment for the assistance unit.
2.  The county may pay the participant an amount equal to fifty percent (50%) of the state share and one hundred percent (100%) of the county share of the child support collection made by the noncustodial parent. The county shall not consider the child support returned to the family as income for purposes of calculating the basic cash assistance grant.
3.606  COLORADO WORKS ELIGIBILITY DETERMINATION FOR PAYMENTS [Eff. 9/15/12]
3.606.1  Eligibility Requirements[ Rev. eff. 7/1/13]
A.  Countable Gross Income
All countable gross income of the assistance unit, including child support and maintenance support received and expected to be received in the month prior to (if available) and in the month of application shall be used to determine eligibility.
B.  Determine Eligibility
To determine initial eligibility for Colorado Works cash assistance and state diversion, the countable gross income of an assistance unit shall not exceed the need standard as specified for that unit.
C.  Definitions
The following definitions shall apply to the budgeting process in determining eligibility and payment for Colorado Works cash assistance and diversion.
1.  "Best estimate" - an income or circumstance prediction based on past amounts and reasonable, verified knowledge or future circumstances which affect eligibility or income to be received in the payment month.
2.  "Budget Month" – the initial calendar month from which circumstances are considered in the determination of eligibility, payment amounts, and the certification period.
3.  “Certification period”- a period of six (6) calendar months beginning with the first month of eligibility. 
4. “Change Report (CR)” - a form that is used by the participant to report a change in circumstances.
5.  “Complete" – the disposition of the redetermination packet when it is filled out to reflect all household circumstances and includes the applicant’s signature and county date stamp.
6.  "Countable Income" – is the term used for all income taken into consideration for eligibility.
7.  "Filing Deadline" – the date by which the Colorado Works participant's complete redetermination packet must be received by the county department if payment is to be made.
8.  "Gross Income" – earned income before deductions plus countable unearned income.
9.  “Limited reporting standard” - the standard used to report changes.
10.  “Negative change” - is a decrease in basic cash assistance due to changes to the assistance unit. 
11.  “Net result”- the end result after considering all circumstances and changes based upon limited reporting standards and negative and positive changes as compared to the baseline benefit established at initial eligibility. 
12. “Positive Change”- is an increase in basic cash assistance due to changes in circumstances of the assistance unit. 
13.  "Processing month" – the calendar month during which eligibility and/or payment is determined.
14.  "Reporting month" – the calendar month in which a change is reported.
15.  "Timely reporting of circumstances" – an applicant/participant shall report changes by the tenth (10th) of the month following the month in which the change occurs. 
3.606.2  Basic Cash Assistance [Rev. eff. 7/1/13]
A.  Payment of Basic Cash Assistance (BCA) Grants
Counties or groups of county departments shall not reduce the basic cash assistance grant, restrict eligibility, or impose sanctions that are inconsistent with state and federal laws or the rules of this Section 3.606.2.
B.  Unreimbursed Public Assistance
The basic cash assistance grant shall be considered part of the unreimbursed public assistance (UPA) as defined in the Child Support Enforcement rule manual at Section 6.002 (9 CCR 2504-1).
C.  Recipient's Right to Decide
In accordance with the principle of the unrestricted money payment, a recipient shall have the right to decide how any payment received shall be spent. The only exception shall be when protective payments are required.
D.  Vendor Payments for Participant Protection
The county may pay the basic cash assistance grant to vendors on behalf of the participant for protective payments or to vendors on behalf of the participant with the participant's voluntary agreement. In all other situations the payment shall be made to the participant.
E.  Considering Income for Eligibility and Payment
Applications received will be certified for six (6) consecutive months beginning the first month the assistance unit is found eligible for basic cash assistance. The certification period consists of the calendar months beginning with the first day of the budget month (day/month the application is received and the assistance unit is found eligible) and ending with the last day of the sixth (6th) month (unless found ineligible) in which financial assistance is provided and that is intended to cover the ongoing basic needs of the assistance unit. 
For eligibility and payment, income shall be considered in the month of application and throughout the certification period. This is also true for redetermination and establishing a new certification period going forward. The following calculation shall be used: countable earned income minus applicable earned income disregards, plus countable unearned income. 
F.  Determining Eligibility for Basic Cash Assistance Grant Based on the Standard of Need
The basic cash assistance grant shall be determined based upon income using the following need standard. If the participant has zero income the following cash payment shall be received based upon those included in the assistance unit: 
COLORADO WORKS STANDARDS OF ASSISTANCE CHART

Specified Caretaker(s) of Children 	Number of Dependent Children	

.	0	1	2	3	4	5	6	7	8	9	10	Ea.   Add.	
No Specified Caretaker													
Need Std.	0	117	245	368	490	587	678	755	830	904	977	67	
Grant Amt.	0	128	269	404	539	646	746	832	913	995	1086	72	
One Specified Caretaker													
Need Std.	253	331	421	510	605	697	770	844	920	992	1065	67	
Grant Amt.	278	364	462	561	665	767	847	929	1012	1092	1172	72	
Two Specified Caretakers													
Need Std.	357	439	533	628	716	787	861	937	1009	1082	1155	67	
Grant Amt.	392	483	586	691	787	865	947	1032	1111	1190	1271	72	

G.  Pregnancy Allowance
Upon verification of pregnancy, pregnant parents are eligible for the basic cash assistance grant plus a ten dollar ($10.00) pregnancy allowance. Payment of the pregnancy allowance continues through the month of release from the hospitalization for the delivery or termination of the pregnancy. 
H.  Initial Payment
The initial payment to eligible applicants shall include assistance beginning with the date of application. Should the assistance unit be ineligible on the date of application, but become eligible prior to the time that a determination of eligibility is made, the initial payment shall include assistance beginning with the date on which the assistance unit became eligible. To calculate partial month payments:
1.  Determine the grant amount based on the size and composition of the assistance unit;
2.  Deduct the total net countable income;
3.  Determine the number of days for which payment is made and based on the table below; find the decimal figure corresponding to the number of days of eligibility;
4.  Multiply the authorized grant for the entire month by such decimal figure to determine the authorized grant amount for the partial month;
5.  Subtract from authorized grant amount any appropriate deductions, unless the authorized grant is less than $10, in which case no payment is made, or if the deductions from the partial month payment results in an amount less than $10, such lesser amount shall be paid except when the amount is less than $1.00.
To calculate the partial month payments, the following table shall be used: 

Days	Standard	Days	Standard	Days	Standard	
1	.03288	11	.36164	21	.69041	
2	.06575	12	.39452	22	.72329	
3	.09863	13	.42739	23	.75617	
4	.13151	14	.46027	24	.78904	
5	.16439	15	.49315	25	.82192	
6	.19726	16	.52603	26	.85480	
7	.23014	17	.55890	27	.88768	
8	.26302	18	.59178	28	.92054	
9	.29590	19	.62466	29	.95342	
10	.32876	20	.65754	30	.9863	

I.  Payment Determination 
For the certification period, eligibility and payment shall be determined prospectively.
J.  Negative and Positive Changes During the Certification Period
1.  If the assistance unit will receive an increase in basic cash assistance as indicated by the total net change of all changes in the month, the increase will affect the case the month following the date the change is reported and verified.
2.  If the assistance unit will receive a decrease in basic cash assistance, the assistance payment amount will remain the same until redetermination when a new payment amount will be set for the upcoming certification period or the case discontinues.
The only decreases that occur during the certification period are due to a death in the assistance unit, members leaving one assistance unit and entering another, by imposing sanctions or imposing an Intentional Program Violation (IPV) disqualification. These changes take effect after timely noticing is applied. 
K.  Limited Reporting Standard
A recipient with an established certification period must report the required primary and secondary changes in household circumstances by the tenth day of the month following the month the change occurred. Changes in income must be reported in the redetermination packet and when the income of the assistance unit exceeds the income reporting standard for that assistance unit. The county worker shall act on the change within ten calendar days from the date the change is reported by entering the change into the statewide benefit management system. 
The income reporting standard for an assistance unit is provided on the change report form and in noticing. The income reporting standard includes increases in income above the need standard with applicable disregards applied and income received from a new source including unearned income. 
L.  Ongoing Eligibility and the Effect of Negative and Positive Changes to the Certification Period
The certification period does not guarantee ongoing eligibility. To remain eligible, the primary eligibility criteria must still be met, including remaining below the need standard. 
All changes are compared against the assistance unit size and grant amount. 
1.  A negative change may result in the reduction of payment or case closure. A payment reduction shall be implemented at redetermination. When a negative change is a cause for case closure, closure shall take place after allowing for adverse action. A negative change shall include, but is not limited to: 
a.  An increase in income or income from a source not previously reported. The payment and certification period shall not be terminated unless the budgetary unit’s total countable income is over the need standard after applicable income disregards are applied. If the unit’s income is still less than the need standard after the consideration of income disregards, the assistance unit shall continue with the established payment for the certification period. An increase in income shall impact payment at redetermination. 
b.  A member leaves the household. The payment and certification period shall not be terminated unless there is no longer a dependent child in the assistance unit or when a pregnancy ends when no other dependent child exists in the assistance unit. 
c.  Death of a recipient, someone moving from one assistance unit to another, imposing sanctions and/or imposing actual IPV penalties, shall be acted upon within five (5) calendar days by adjusting payments accordingly and/or closing the case regardless of the set certification period. 
2.  A positive change results in a payment increase and shall be effective the month following the month the change is reported and verified. Payments shall be adjusted accordingly and provided to the recipient timely. A positive change shall include, but is not limited to: 
a.  Termination of or decrease in income. 
b.  Adding a member to the assistance unit.
3.  Positive and negative changes may occur at the same time. All changes will be taken into consideration and the net result of the change compared to the participants base eligibility determination. The comparison will be used to determine if there is a negative change, positive change, or complete ineligibility to the assistance unit’s basic cash assistance grant. 
M.  Gross Income
To be eligible for Colorado Works basic cash assistance and state diversion payments, the gross earned and unearned income together shall not exceed the need standard for the household size.
N.  Gross Income and Countable Income
The gross earned income minus the $90 earned income disregard, plus any countable income received or expected to be received by members of the assistance unit, shall not equal or exceed the need standard for the household size.
O.  Calculation of the Basic Cash Assistance Grant for an Eligible Assistance Unit
To calculate the basic cash assistance amount for an eligible assistance unit: 
1.  Deduct the earned income disregard(s) from the gross earned income, received or expected to be received by members of the assistance unit, in the month of application;
2.  Add to the result the unearned income received or expected to be received by members of the assistance unit;
3.  Deduct the total at 2, above, from the grant amount for the household size.
P.  Reporting of Earned Income
When the assistance unit reports earned income:
1.  Apply the appropriate earned income disregards to the gross earned income of each employed member of the budgetary unit as described in Section 3.606.3; and,
2.  Add the unearned income received by each member of the budgetary unit; and,
3.  Compare the total to the need standard for the household size.
4.  If the net countable income equals or exceeds the need standard, the assistance unit is not eligible for Colorado Works basic cash assistance.
Q.  Calculation of an Eligible Assistance Unit
To calculate the basic cash assistance grant amount for an eligible assistance unit:
1.  Deduct the net countable income from the grant amount for the assistance unit; and,
2.  Drop the cents, and the remainder is the authorized grant.
3.606.3  EARNED INCOME DISREGARDS [Rev. eff. 7/1/13]
For all cases with eligible members that have earned income (not including disqualified individuals), payment and eligibility will be determined using the income disregards as described below. All payments shall be calculated by using applicable disregards.
A.  Earned Income Disregards Calculations
The following earned income disregards shall be applied to gross wages for applicants and participants: 
1.  At application the gross earned income minus the ninety dollar ($90) earned income disregard, plus any countable unearned received or expected to be received by members of the assistance unit, shall not exceed the need standard for the household size and shall be applied at application. If income does not exceed the need standard for the household size, the sixty seven percent (67%) disregard shall be applied to determine payment amount. 
2.  For an assistance unit currently receiving basic cash assistance, the gross earned income minus the sixty seven percent (67%) earned income disregard, plus any countable unearned received or expected to be received by members of the assistance unit, shall not exceed the need standard for the household size and shall be applied during the certification period. If income does not exceed the need standard for the household size, the 67% disregard shall be applied to determine payment amount. 
B.  Calculation Steps
If the assistance unit is eligible, calculate the payment utilizing the following steps:
1.  Deduct the earned income disregard(s) from the gross earned income, received by or expected to be received by members of the assistance unit, in the month of application;
2.  Add to the result the unearned income received or expected to be received in that month by members of the assistance unit;
3.  Deduct the total resulting from step 2, above, from the grant amount for the household size. The remainder is the grant amount.
3.606.4  REPORTING CHANGES AND REDETERMINATION OF ELIGIBILITY [Rev. eff. 7/1/13]
A.  Reporting Changes
Colorado Works participants shall report information concerning income, household composition, and other primary and secondary eligibility requirements. Such information may be reported to the county of residence by use of a change report form, a redetermination packet, and/or by making the county aware of the change. Changes shall be reported the tenth (10th) of the month following the month the change occurred. The county must act on all changes reported within ten (10) calendar days of the report by entering the change into the statewide benefit management system. By acting on changes, the county department shall determine eligibility.
1.  Timely Reporting, Timely Verification, and Timely Processing of Changes
a.  A change is considered reported timely if reported by the participant on or before the tenth (10th) of the following month. This shall be considered the timely reported standard for an assistance unit. 
b.  A change is considered processed timely if the worker processes the reported change within ten (10) calendar days from the date the change was reported. 
c.  Timely reported and timely processed changes that result in a positive change shall affect a case the month following the month the change was reported by the recipient and verified. Timely reported and timely processed changes that result in a negative change or total ineligibility shall affect a case following adverse action and/or timely noticing requirements. 
d.  Timely reported and untimely processed changes that result in a positive change shall affect the case the month following the month the change was reported by the recipient and verified if a positive change. Due to untimely processing recipients may see a delay in receiving a portion of their basic cash assistance. Timely reported and untimely processed changes that result in a negative change or total ineligibility shall affect the case following adverse action and/ or timely noticing requirements. 
e.  Untimely reported and timely processed changes that result in a positive change shall occur the month following the month in which the change is reported and verified by the recipient. Untimely reported and timely processed changes that result in a negative change or total ineligibility shall take into account timely reporting standards for the assistance unit and shall affect the case following adverse action and/or timely noticing requirements. 
f.  Untimely reported and untimely processed changes that result in a positive change shall affect the case the month following the month the change was reported by the recipient and verified. Untimely reported and untimely processes changes that result in a negative change or total ineligibility shall take into account timely reporting standards for the assistance unit and shall affect the case following adverse action and/or timely noticing requirements. 
2.  Verification of Changes
If the change is a negative change to the assistance unit (decrease in benefits), verification of the change is not required until redetermination. If the change is a positive change to the assistance unit (increase to benefits), verification may be required before the positive change is applied to the case. Positive changes causing an increase to the basic cash assistance grant may include, but are not limited to: 
a.  Decrease in income; 
b.  Birth of a child; 
c.  Verification of a pregnancy; 
d.  Providing individual level verification as described in section 3.604.1, O; 
e.  Individual no longer ineligible as described in section 3.604.2, N; 
f.  Individuals joining the assistance unit. 
3.  The income reporting standard for an assistance unit is provided on the change report form and in noticing. The income reporting standard includes increases in income above the need standard with applicable disregards applied and income received from a new source including unearned income. 
B.  Filing a Redetermination (RRR) to Continue Benefits
Colorado Works participants shall file their redetermination with the county by the 15th of the month as specified in the redetermination packet. A recipient’s failure to file a RRR timely may delay the determination of benefits and income disregards will not be applied unless good cause is established. Complete forms received timely must be acted upon by the county department by the last day of the month. Complete fo  forms received after the filing deadline must be acted upon by the tenth (10th) calendar day in the month following the month the redetermination was due. Participants must have a minimum of five working days from the date they receive the Redetermination packet (RRR) to return the packet to the county.
A redetermination of eligibility shall mean a case review/determination of necessary information and verifications to determine eligibility at least once every six (6) months. An interview for Colorado Works basic cash assistance cases shall take place every six (6) months with necessary verifications to determine whether the participant continues to be eligible for Colorado Works. To redetermine eligibility a case review must be conducted and necessary verification must be received to determine ongoing eligibility.
1.  Use of Home Visits or Office Appointments
County departments may use a home visit or office appointment procedure as an alternative to the mail-out process described in Section 3.606.4, D. These procedures may be used for all cases. A face-to-face redetermination is required annually. When a redetermination interview is scheduled, the recipient shall be notified at least ten (10) calendar days in advance, in writing, of: 
a.  The date and time for the interview;
b.  Any documentation that may be needed including, but not limited to: 
1)  Income verification;
2)  Any other eligibility factors such as household composition or school attendance that require verification.
c.  The opportunity to reschedule the appointment or make other arrangements in the event the recipient is ill or for other reasons cannot keep the appointment.
2.  Appointments
When the recipient does not keep the appointment and does not request an alternate time or arrangement, benefits will be terminated.
3.  Redetermination Process
During the redetermination process, the county worker shall: 
a.  Conduct an interview; 
b.  Explain the purpose of the interview and the use of the information supplied by the recipient on the redetermination form and any additional required forms;
c.  Inform all recipients in writing at the eligibility redetermination that Social Security Numbers for all recipients will be used to request and exchange information with other agencies as part of the eligibility process, including the Department of Labor and Employment (state wage and unemployment data), Social Security Administration, and Internal Revenue Service (unearned income). IEVS information may also be exchanged with other state or federal agencies administering public assistance programs, including the Department of Labor and Employment, Child Support Enforcement and the Social Security Administration;
d.  Have the recipient complete the forms or complete the form on behalf of the recipient;
e.  Explain the appeal rights to the recipient;
f.  Witness the signature of the recipient and sign as a person who helped complete the forms, when applicable;
g.  Review documents, verifications, and any other information supplied by the recipient with the recipient in order to obtain clarification if needed. Information requested shall include:
1)  Income;
2)  Other eligibility factors shall be verified unless satisfactory documentation is in the case record;
3)  If reopened, Child Support Enforcement and other appropriate units shall be advised. 

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[Instructions: replace lines 2327854 through 2327861.]
F.  Processing of Forms
When the county department receives redetermination forms or any report of a change in circumstances, the department shall date stamp them.
Changes reported must be acted upon within ten (10) calendar days of receipt. Redetermination forms shall follow processing guidelines outlined in B, above. The department shall thoroughly review forms for completeness, accuracy, and consistency. All factors shall be evaluated as to their effect on eligibility and payment. Verifications shall be documented in the case file. The case file shall be used as a checklist in the redetermination process and when a change is made on the case, and shall be used to keep track of matters requiring further action. When additional information is needed: 
1.  Due to incomplete forms or lack of verification, a notice shall be mailed to the recipient. The notice shall specify the items that are required for a redetermination to be completed in order to determine eligibility and/or payment;
2.  Due to inaccurate or inconsistent data, the recipient may be contacted by telephone or be requested to make an office visit, to secure the proper information.
3.  Complete forms must be acted upon promptly by the county.
G.  Redetermination Not Returned 
When the redetermination forms are not returned timely a State-approved notice of proposed action form shall be mailed to notify the recipient of the proposed discontinuation of benefits due to the recipient's failure to complete the redetermination of eligibility forms. This action to discontinue shall not be taken, however, if the completed and signed forms are returned within the prior notice period as defined in Section 3.606.4, D. If no response is received by the end of the prior notice period, the case shall be discontinued upon the effective date of the notice sent to the recipient. If the form was not filed timely, no income disregards shall be applied unless good cause exists. 

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[Instructions: replace lines 2327874 through 2327888.]
L.  Reopening and Reinstatements
Cases may be reopened prior to the effective date of closure with good cause and reinstated if closed less than thirty (30) calendar days. If a case closure occurred due to failure to file an RRR, income disregards shall not be applied unless good cause exists. 
1.  Reinstatement in Lieu of an Application- When a request is made for the category of assistance from which the recipient was discontinued within thirty (30) calendar days following the effective date of discontinuation, the following procedures shall be followed:
a.  A redetermination form or current application shall be in the case file or completed and signed by the recipient;
b.  Income shall be verified;
c.  Other eligibility factors shall be verified unless satisfactory documentation is in the case record;
d.  Medical documentation shall be obtained unless the certified period of disability covers the current date; and,
e.  Eligibility determination shall be completed and appropriate actions shall be taken.
2.  Reopening in Lieu of an Application- When a recipient requests assistance prior to the effective date of the recipient's discontinuation from assistance, the following procedures shall be followed: 
a.  A redetermination form or current application form shall be in the case file or completed and signed by the recipient;
b.  Income shall be verified;
c.  Other eligibility factors shall be verified unless satisfactory documentation is in the case record;
d.  Medical documentation shall be obtained unless the certified period of disability covers the current date; and,
e.  Eligibility determination shall be completed and appropriate actions shall be taken;
f.  If reopened, Child Support Enforcement and other appropriate units shall be so advised.

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[Instructions: replace line 2382585.]
3.608.4  Noncompliance [Rev. eff. 7/1/13]

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[Instructions: replace lines 2382611 through 2382620.]
H.  Affect of a Sanction on the Basic Cash Assistance Grant
The Colorado Works basic cash assistance grant shall be affected due to a sanction imposed against a member of the assistance unit as follows:
1.  First Level Sanction
The sanction for the first violation of rules shall be twenty-five percent (25%) of an assistance unit’s cash payment. The first sanction shall be in effect for one (1) month. A first violation not cured by the end of the sanction time period shall be subject to the sanction as set forth in "H, 2", below.
2.  Second Level Sanction
The sanction for a second violation by a member of the assistance unit, or as a progression of the sanction from "H, 1", above, shall be fifty percent (50%) of an assistance unit’s cash assistance. The second sanction shall be in effect for one (1) month. A violation, sanctioned in accordance with this subsection and not cured by the end of the sanction time period, shall progress to the sanction set forth in "H, 3", below.
3.  Third Level Sanction
The sanction for a third violation by a member of the assistance unit, or as a progression from sanction level "H, 2", above, shall result in the termination of cash assistance for the assistance unit. The sanction shall be in effect for three (3) months. If a participant has had a break in payment for more than 180 calendar days due to a closure of the case for a reason other than the sanction, the sanction shall be considered served.
4.  Serving a Sanction
A sanction shall be considered served if there has been a break in benefits for more than one hundred and eighty (180) days due to a closure of the case for a reason other than the sanction. If a participant reapplies for benefits anytime within the one hundred and eighty (180) calendar days, the participant must serve the sanction by having a reduction in benefits according to the first and second level sanctions, or by having a case closed for a third level sanction. 

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[Instructions: replace lines 2382660 through 2327250.]
I.  Curing a Sanction
For the purpose of this section, curing the sanction occurs after a notice of proposed action has been sent to a participant notifying him or her of the impending sanction. When the participant contacts the county worker and indicates an interest in participating or curing the cause of the sanction, that conference or meeting shall be set. The appointment must take place within 10+1 calendar days but not to exceed fifteen (15) calendar days. The notice of the scheduled meeting shall be sent to the participant once the meeting or conference is set or documented in the case file or statewide benefit management system if the meeting is set through a telephone conversation. The date the participant contacts the county worker shall be the date that the formal cure process commences which shall include: 
1.  Entering the date and activity of the contact by the county worker, the formal cure start date, into the statewide benefit management system.
2.  If the participant fails to show for the meeting or conference to revise the IRC, the cure is considered failed and the sanction remains uncured. Only one reschedule of this meeting will be allowed unless good cause exists.
3.  If the participant attends the cure meeting, revises the IRC and is scheduled to attend work activity and/or county defined work activities as outlined in the IRC.
4.  The cure period, as outlined in "3," above, shall not last for more than ten (10) working days. On or before the tenth (10th) day, action shall be taken to continue a sanction or to cure.
5.  If the determination is made that the sanction is cured, the notice to cure shall be issued to the participant within 10+1 calendar days and the determination entered into the statewide benefit management system within five (5) working days of the determination.
J.  Appeal of a Sanction or Case Closure
A recipient of Colorado Works has the right to appeal the county department’s action to sanction or close a case. The applicant can utilize the local level dispute resolution process and/or a state level hearing per Section 3.609.9. The appeal period for proposed sanctions for Colorado Works begins with the mailing of a notice of proposed action, listing the proposed action and the individual's appeal rights.
A notice of proposed action shall not be issued by the county department for proposed Colorado Works sanctions/case closure until the Good Cause Conciliation period has been completed.
3.609  COLORADO WORKS OVERPAYMENT, CLAIMS, INTENTIONAL PROGRAM VIOLATIONS, AND FRAUD PREVENTION AND DETECTION
3.609.1  Colorado Works/AFDC Intentional Program Violations (IPV) [Rev. eff. 7/1/13]
A.  Applicant and Participant Rights
1.  All Colorado Works applicants and participants must be provided with their rights in relation to IPV as follows:
a.  Applicants and participants have the right to have an Administrative Intentional Program Violation Hearing. That right is lost if the Waiver of Intentional Program Violation Hearing form is signed;
b.  If an applicant or participant chooses to appear at the hearing they will be provided with the right to represent him or herself or to be represented by an attorney or any other person he or she chooses;
c.  An applicant, participant, and/or their representative may look at their case file with the exception of information that specifically references IEVS in accordance with IEVS rules, including all the evidence that will be used at the hearing. They have the right to look at all the evidence before deciding whether to give up the right to a hearing. If the client chooses to continue with a hearing, they have the right to look at their case file before the hearing as well as during the hearing. The county department of human/social services will provide a free copy of their evidence and any other parts of the case file that the client determines is needed at the hearing upon request;
d.  An applicant or participant may bring witnesses to speak on his or her behalf at the hearing;
e.  The applicant, participant, or representative has the right to question or deny any evidence or statements made against them at the hearing. This includes the right to ask questions of persons testifying against them;
f.  The applicant or participant has the right to present any evidence that he or she, or the representative feels is important to prove his or her case; 
g.  The applicant or participant has the right to a hearing.
2.  All applicants for Colorado Works program must be provided with a written notice of the penalties for an IPV on the Colorado Works application form. All Colorado Works participants or prior AFDC recipients shall be notified of the penalties for an IPV when reporting changes, on change report forms, and on the redetermination form (RRR).

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