RELATES TO:
KRS
194A.060,
205.175,
205.177,
205.200(1),
205.240,
205.245,
45 C.F.R.
206.10,
42 U.S.C.
601-619,
52 U.S.C.
20506
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary to promulgate administrative regulations necessary to implement
programs mandated by federal law or to qualify for the receipt of federal funds
and necessary to cooperate with other state and federal agencies for the proper
administration of the cabinet and its programs.
KRS
205.200,
205.240, and
205.245 require the Cabinet for
Health and Family Services to administer the Kentucky Transitional Assistance
Program (KTAP) and the State Supplementation Program (SSP) for persons who are
aged, blind, or have a disability in conformity with the Social Security Act,
42 U.S.C.
601 to
619, and federal regulations.
KRS
116.048 designates the cabinet as a voter
registration agency in accordance with
52 U.S.C.
20506. This administrative regulation
establishes policy and procedures necessary to apply for assistance and provide
an eligible public assistance participant the opportunity to register, or to
decline from registering, to vote.
Section
1. Right to Apply or Reapply.
(1)
An individual may apply or reapply for KTAP or SSP through the Department for
Community Based Services (DCBS).
(2) An application shall have been made on
the date:
(a) An individual makes an
application by telephone or online;
(b) An individual or the individual's
authorized representative is in the DCBS office and signs an application form
incorporated by reference in
921 KAR 2:040; or
(c) DCBS is contacted for special
accommodations due to an impairment or disability.
(3) If an individual is physically unable to
come to the office to apply, the individual may:
(a) Designate an authorized representative to
apply;
(b) Request a home visit to
complete the application process; or
(c) Make an application by telephone or
online.
(4) The applicant
may be:
(a) Assisted by an individual of the
applicant's choice in the application process; and
(b) Accompanied by this individual in a
contact with DCBS.
(5) In
accordance with
920 KAR 1:070, interpreter
services shall be provided for persons who are:
(a) Deaf; or
(b) Hard of hearing.
(6) Interpreter services shall be provided
for a non-English speaking individual, utilizing procedures and forms
established in
920 KAR 1:070.
(7) The cabinet shall not discriminate
against an applicant based on age, race, color, sex, gender, disability,
religion, sexual orientation, national origin or ancestry, political beliefs,
or reprisal or retaliation for prior civil rights activity.
Section 2. Who May Sign an Application.
(1) Except for a case based on incapacity, an
application for KTAP shall be signed by:
(a)
The relative with whom a needy child lives;
(b) The legally appointed guardian of the
relative; or
(c) A representative
authorized in writing to act on behalf of the relative.
(2) An application for KTAP based on
incapacity shall be signed by:
(a) An
individual listed in subsection (1) of this section; or
(b) An interested party acting on behalf of
the applicant.
(3) An
application for SSP shall be signed by:
(a)
The individual who is aged, blind, or has a disability;
(b) An interested party;
(c) The legally appointed guardian for the
individual who is aged, blind, or has a disability; or
(d) The representative payee receiving the
Supplemental Security Income (SSI) benefit.
Section 3. Action on Applications.
(1) A decision shall be made on an
application and payment made within:
(a)
Forty-five (45) days for KTAP or SSP pursuant to
45 C.F.R.
206.10; or
(b) Ninety (90) days for SSP determinations
in which permanent and total disability shall be established.
(2) Exception to this time
standard may be made:
(a) If the applicant is
unable to obtain necessary verification for a determination of eligibility;
or
(b) For failure or delay, that
cannot be controlled by DCBS, on the part of the applicant or examining
physician.
(3) The case
record shall document the cause for the delay if the time standards are not
met.
(4) Failure to process an
application within the time frame shall not be used as the basis for
denial.
Section 4. Voter
Registration. In accordance with
KRS
116.048 and
52 U.S.C.
20506, an applicant or recipient shall be
provided the opportunity to complete an application to register to vote or
update his or her current voter registration in accordance with
921 KAR 3:030, Section
8.
Section 5. Disclosure of
Information. Use or disclosure of information obtained from applicant
households, exclusively for the program, shall be restricted pursuant to
KRS
194A.060,
205.175, and
205.177.
