Tracking# 2013-00999
FA/E 11/8/13, eff. 1/1/14
(Former Tracking #2013-01085
emergency 10/4/13, eff. 11/1/13)

I:/13081901.rtf
(I:/13081901.doc)

(10 CCR 2506-1) 

[Instructions: insert before line 1514142.]
Revisions to Sections B-4010.12, B-4230 through B-4230.1, and B-4430.4 were adopted as final (permanent) following publication at the 11/8/2013 State Board meeting (Rule-making# 13-8-19-1), with an effective date of 1/1/2014. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporate 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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[Instructions: replace lines 2443559 through 2443561.]
B-4010.12  AFFECTED ALLOTMENTS [Rev. eff. emergency 11/1/13; permanent eff. 1/1/14] 
Whenever suspension or cancellation of allotments is ordered for a particular month, it shall affect all households. If a reduction is ordered, reduced benefits shall be calculated for all households for the designated month. However, all households shall be guaranteed the minimum allotment for one or two person households, unless the reduction is ninety percent or more. Refer to Section B-4230, “Benefit Allotments”, for the current amount of the minimum allotment. 
Allotments or portions of allotments representing restored or retroactive benefits for a prior unaffected month would not be reduced, suspended or cancelled, even though they are issued during a month in which cancellation, suspension or reduction is in effect.

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[Instructions: replace lines 2443562 through 2443583.]
B-4230  BENEFIT ALLOTMENTS [Rev. eff. emergency 11/1/13; permanent eff. 1/1/14] 
After eligibility has been established, the monthly benefit allotment will be determined. The eligibility technician shall use the following formula to determine the monthly allotment. 
A.  Multiply the net monthly income by thirty percent (30%).
B.  Round the product up to the next whole dollar if it ends in 1 through 99 cents.
C.  Subtract the result from the maximum monthly benefit allotment table shown below for the appropriate household size. 
D.  Except for an initial month, if the allotment for a one- or two-person household is less than the minimum monthly allotment, round the allotment up to the minimum benefit allowed for one- or two-person household as outlined in the table below. If the calculation of benefits for an initial month is less than ten dollars ($10), then no benefits shall be issued to the household for the initial month. 
The food assistance maximum and minimum monthly benefit allotment tables will be adjusted as announced by the USDA, Food and Nutrition Service. 

Household Size	Maximum Monthly Allotment 
Effective April 1, 2009	Maximum Monthly Allotment Effective November 1, 2013	
1	$  200	$  189	
2	$  367	$  347	
3	$  526	$  497	
4	$  668	$  632	
5	$  793	$  750	
6	$  952	$  900	
7	$1,052	$  995	
8	$1,202	$1,137	
Each additional person	+$150	+$142	

Household Size	Minimum Monthly Allotment
Effective April 1, 2009	Minimum Monthly Allotment 
Effective November 1, 2013	
1-2	$16	$15	

B-4230.1  INITIAL MONTH ALLOTMENT PRORATION [Rev. eff. emergency 11/1/13; permanent eff. 1/1/14]
A household's benefit level for the initial month of application (see Section B-4011.12 for definition) shall be based on the day of the month it applies for benefits. Benefits for the initial month shall be prorated from the date of application to the end of the month. A household applying on the thirty first (31st) of a month will be treated as though it applied on the thirtieth (30th) of the month.
A.  Applicant households consisting of residents of a public institution who apply jointly for SSI and food assistance prior to release from an institution will have their eligibility determined for the month in which the applicant household was released from the institution. The benefit level for the initial month of certification shall be based on the date of the month the household is released from the institution and the household shall receive benefits from the date of the household's release through the end of the month.
B.  The only exception to the pro-ration policy shall be migrant and seasonal farm worker households who are in the job stream and the break in participation does not exceed thirty (30) days. These households are entitled to a full month allotment.
C.  Eligible households are entitled to a full month allotment for all months except an initial month of application.
D.  Effective May 1, 2004, the State automated system will utilize the exact number of days in the calendar month to determine the proration of benefits. The following formula shall be used to determine the amount of prorated benefits.
1.  Number of days in month plus one;
2.  Subtract date of application;
3.  Multiply by full month's benefits;
4.  Divide by number of days in the month.
E.  Exceptions
Except during an initial month, all eligible one and two person households shall receive the minimum monthly allotments. The minimum monthly amount of food assistance will be reviewed annually. Refer to Section B-4230, “Benefit Allotment”, for the current amount of the minimum monthly allotment. 
Except for households that are eligible under basic categorical eligibility, households with three or more members who are entitled to zero benefits shall have the food assistance application denied. This provision does not apply if zero benefits are due to the pro-ration requirements or due to the initial month's allotment being less than ten dollars ($10).

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[Instructions: replace lines 2443584 through 2443599.]
B-4430.4  METHODS OF COLLECTING PAYMENT ON CLAIMS [Rev. eff. emergency 11/1/13; permanent eff. 1/1/14] 
The food assistance office shall collect claims in one of the following methods: 
A.  Lump Sum
The food assistance office shall collect payments for total or-partial payments of a claim in one lump sum if the household is financially able to pay the claim; however, the household shall not be required to liquidate all of its resources to make this repayment.
B.  Reduction in Food Assistance Allotment
The food assistance office shall collect payments for claims from households currently participating in the program by reducing the household's food assistance allotment or benefits prior to being authorized under Colorado Electronic Benefits Transfer System (CO/EBTS). Prior to reduction, the food assistance office shall inform the household of the appropriate formula for determining the amount of food assistance benefits to be recovered each month and the effect of that formula on the household's allotment (i.e., the amount of food assistance the food assistance office expects will be recovered each month), and of the availability of other methods of repayment.
If the household requests to make a lump sum cash and/or payment using food assistance benefits as full or partial payment of the claim, the food assistance office shall accept this method of payment.
The household's allotment will be reduced prior to benefits being authorized under the Colorado Electronic Benefits Transfer System (CO/EBTS) based on the recoupment amounts for each type of claim, unless a payment schedule has been negotiated with the household. One and two person households receiving the minimum monthly allotment as outlined in Section B-4230, “Benefit Allotments”, shall be reduced to a lower benefit level in accordance with the provisions of this section. Increase in a payment schedule may only occur with a new signed agreement from the household.
If the full or remaining amount of the claim cannot be liquidated within three years, the food assistance office may compromise the claim by reducing it to an amount that will allow the household to make restitution within three years. The full amount of the claim (including any amount compromised) may be used to offset lost benefits. The amount of food assistance to be recovered each month through allotment reduction shall be determined as follows: 
1.  Agency Error Claims. 
For agency error claims, the amount of food assistance to be recovered each month from a household shall be the greater of ten percent (10%) of the household's monthly allotment or ten dollars ($10) each month
2.  Inadvertent Household Error Claim. 
For inadvertent household error claims, the amount of food assistance benefit reduction shall be the greater of ten percent (10%) of the household's monthly allotment or ten dollars ($10) per month.
3.  Intentional Program Violation/Fraud Claims. 
For intentional program violation/fraud claims, the amount of food assistance benefit reduction shall be the greater of twenty percent (20%) of the household's monthly allotment or twenty dollars ($20) per month. If the allotment is the minimum allotment, it will still be used as a payment of the claim. 
At the time a household is certified for an initial allotment of food assistance benefits, the initial allotment authorized under Colorado Electronic Benefits Transfer System (CO/EBTS) will not be reduced to offset a claim. Ongoing benefits will be recouped based on the above criteria. Benefits staged for expunging under CO/EBTS shall be applied to the claim to lower the amount owed. 

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