A. A client shall
be placed on an issuance schedule so that he or she receives grant payments on
or about the same date each month once a certification period is established.
Due to the effective date of eligibility, the date on which a client receives
his or her initial payment need not be the date that the client must receive
any subsequent payments.
B. When
the county department determines that a client was ineligible for all or a part
of a grant payment that the client has already received, the county department
shall, subject to timely notice and recovery rules, establish a claim, and if
valid, initiate a recovery.
C. If a
client dies, payments to the client shall be treated as follows:
1. A client's eligibility shall end on the
date of his or her death.
2. If a
client of any category of assistance dies before 12:00 a.m. on the first day of
a month, no eligibility for a grant payment for the following month
exists.
3. If a client of any
category of assistance dies on or after 12:00 a.m. on the first day of a month,
any payment to which the person was eligible shall be maintained for release to
the client's personal representative as defined in Section
15-10-201(39),
C.R.S., for a maximum of three (3) months. The following rules apply when a
personal representative requests to receive a deceased client's last grant
payment:
a. The individual claiming to be the
personal representative of the deceased client must provide the court-issued
letters described in Section
15-12-103, C.R.S. to the county
department in order to receive the deceased client's last grant payment; or
b. If the personal representative
presents a court order ordering the county department to pay the deceased
client's last grant payment to a specific person or entity, the county
department shall make the last grant payment payable to the person named in the
order.
D. To
calculate partial month payments:
1. Determine
the client's monthly grant payment amount for the program according to program
rules at 3.520.78, 3.533, 3.544, and 3.549;
2. Determine the number of days for which the
client is eligible for assistance and, based on the table in subsection 4
below, find the decimal figure corresponding to the number of days of
eligibility;
3. Multiply the
client's monthly grant payment amount from subsection 1 by the decimal figure
in the table in subsection 4 to determine the grant payment amount for the
partial month;
4. 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
|
.98630
|
E. All payments, including partial payments,
shall have any cents dropped to the nearest dollar, except in cases where SSI
income reduces the grant.
F. County
departments shall not hold or delay the client's grant payment beyond the
regular issuance date except when:
1. A final
agency decision has been made authorizing the action;
2. In cases where a corrected payment is to
be issued, the corrected payment shall be issued by the effective date of the
original warrant and the incorrect payment shall be cancelled;
3. When the county department receives
reliable information that the client no longer resides at the last known
address and attempts to locate the person through the post office, relatives,
friends, etc., have been unsuccessful, the case shall be discontinued following
the policies outlined in Section 3.554 . If the client contacts the county
department before grant payments are discontinued and provides the current
address and all other eligibility criterion have been met, the client shall
receive the grant payments they are eligible for; OR
4. Any grant payments issued to an Electronic
Benefit Transfer (EBT) card and not accessed within TWO HUNDRED SEVENTY-FOUR
(274) days of issuance, shall be expunged. The county shall reissue grant
payments within NINETY (90) days of the expungement if requested by the client
verbally, electronically, in person, or in writing. The county may reissue up
to NINE (9) months of expunged grant payments.
G. The county department shall take prompt
action to correct underpayments to clients of Adult Financial grant payments.
There are two types of underpayments:
1)
grant payment(s) received by or for a client that is less than the amount which
the client should have received, but not a denial or termination, or
2) the failure of the county department to
issue a grant payment to a client when such payment should have been issued
(i.e., denials or termination of Adult Financial grant payments).
1. When the county department becomes aware
of a potential underpayment, the county department shall:
a. Determine if an underpayment occurred;
and,
b. Record the facts and basis
of its determination in the case record.
2. A county shall correct any underpayments
by the month following the discovery of such underpayments.
3. Underpayments shall be used to pay any
validated claims against the client unless the county department has determined
this action will cause an undue hardship to the client as determined on a
case-by-case basis. Underpayments will be applied to claims using the following
hierarchy:
a. Fraud or IPV claims first
(undue hardship cannot be granted);
b. Client error claims second; and c.
Administrative error claims last. Instances that may result in an
administrative error claim include, but are not limited to, the following:
1) The county failed to take timely action on
a change reported by the client.
2)
The county incorrectly computed the client's income, resources, or other
information, or otherwise gave an incorrect grant payment.
3) Any other situation not caused by willful
withholding of information on the part of the client and/or their authorized
representative.
4. If an underpayment is discovered by the
county department, the county department shall notify the client in writing, of
its determination of the underpayment.
5. Prompt action shall be taken to correct
underpayments that occurred within the past twelve (12) months from the
discovery date by issuing a retroactive payment. Retroactive payments shall not
be made unless the amount is one dollar ($1.00) or more.
H. The county department shall
reissue a lost or stolen payment if the loss or theft is not questionable and
the county determines that such loss was beyond the client's control.
A loss will be considered within the client's control
when:
1. The client has shared the EBT
pin number or written the pin number on the EBT card itself, or
2. The client has given his or her card to
another person for that person's use.
I. A client is prohibited from using or
allowing the use of his or her EBT card at automated teller machines (ATMs) and
point of sale (POS) devices located in prohibited establishments as described
in Section 3.520.4.C.4.f.
A client's EBT transactions shall be monitored quarterly.
Clients who use prohibited ATMs or POS devices shall be contacted by the county
department. Inappropriate usage shall result in:
1. A written warning that the use of the EBT
card in prohibited establishments will result in the card being disabled. The
county department shall provide education about appropriate use, access, and
alternatives;
2. If continued
misuse occurs (identified on the quarterly usage report after a warning has
occurred), the cash grant payment portion of his or her EBT card shall be
disabled for one month, requiring the county to notify the client of additional
options for receipt of payment (direct deposit or county warrant) as well as
notification of due process in accordance with State rules pursuant to Sections
3.520.1.H-I and 3.554.
3. If misuse
continues, the county department shall deny or discontinue the grant payments
and impose a one month ineligibility period. The county shall require the
client to complete a new application after the one month ineligibility period
if he or she wants to receive Adult Financial assistance. The county department
shall not accept a new application from the client until the one month
ineligibility period expires. The county department shall follow the due
process procedures pursuant to Sections 3.520.1.H-I and 3.554; and,
4. After the one month ineligibility period
for continued misuse, if/when the client reapplies, any future EBT card usage
at prohibited establishments shall be considered continued misuse. Such
subsequent violations will result in the one month ineligibility period and
reapplication process referred to in subsection 3, above.
Notes
9 CCR 2503-5-3.581
37
CR 13, July 10, 2014, effective 8/1/2014
37
CR 17, September 10, 2014, effective
10/1/2014
38
CR 04, February 25, 2015, effective
3/20/2015
38
CR 04, February 25, 2015, effective 4/1/2015
38
CR 09, May 10, 2015, effective 6/1/2015
38
CR 15, August 10, 2015, effective 9/1/2015
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
40
CR 03, February 10, 2017, effective
2/14/2017
41
CR 05, March 10, 2018, effective
4/1/2018
41
CR 15, August 10, 2018, effective
9/1/2018
41
CR 19, October 10, 2018, effective
11/1/2018
42
CR 01, January 10, 2019, effective
2/1/2019
43
CR 01, January 10, 2020, effective
1/1/2020
43
CR 03, February 10, 2020, effective
3/1/2020
43
CR 11, June 10, 2020, effective
7/1/2020
43
CR 23, December 10, 2020, effective
1/1/2021
44
CR 03, February 10, 2021, effective
3/2/2021
44
CR 13, July 10, 2021, effective
8/1/2021
45
CR 03, February 10, 2022, effective
3/2/2022
45
CR 05, March 10, 2022, effective
4/1/2022
45
CR 13, July 10, 2022, effective
7/1/2022
45
CR 15, August 10, 2022, effective
8/10/2022
45
CR 15, August 10, 2022, effective
8/30/2022
46
CR 01, January 10, 2023, effective
12/10/2022
46
CR 01, January 10, 2023, effective
1/1/2023
46
CR 03, February 10, 2022, effective
3/2/2023