Kentucky Statutes 205.200 – Eligibility for public assistance
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(1) A needy aged person, a needy blind person, a needy child, a needy permanently and totally disabled person, or a person with whom a needy child lives shall be eligible to receive a public assistance grant only if he or she has made a proper application or an application has been made on his or her behalf in the manner and form prescribed by administrative regulation. No individual shall be eligible to receive public assistance under more than one (1) category of public assistance for the same period of time.
(2) The secretary shall, by administrative regulations, prescribe the conditions of eligibility for public assistance in conformity with the public assistance titles of the Social Security Act, its amendments, and other federal acts and regulations. The secretary shall also promulgate administrative regulations to allow for between a forty percent (40%) and a forty-five percent (45%) ratable reduction in the method of calculating eligibility and benefits for public assistance under Title IV-A of the Federal Social Security Act. In no instance shall grants to families with no income be less than the appropriate grant maximum used for public assistance under Title IV-A of the Federal Social Security Act. As used in this section, “ratable reduction” means the percentage reduction applied to the deficit between the family’s countable income and the standard of need for the appropriate family size.
(3) The secretary may by administrative regulation prescribe as a condition of eligibility that a needy child regularly attend school, and may further by administrative regulation prescribe the degree of relationship of the person or persons in whose home such needy child must reside.
(4) The secretary may by administrative regulation prescribe conditions for bringing paternity proceedings or actions for support in cases of out of wedlock birth or nonsupport by a parent in the public assistance under Title IV-A of the Federal Social Security Act program.
(5) Public assistance shall not be payable to or in behalf of any individual who has taken any legal action in his or her own behalf or in the behalf of others with the intent and purpose of creating eligibility for the assistance.
(6) The cabinet shall promptly notify the appropriate law enforcement officials of the furnishing of public assistance under Title IV-A of the Federal Social Security Act in respect to a child who has been deserted or abandoned by a parent.
(7) No person shall be eligible for public assistance payments if, after having been determined to be potentially responsible, and afforded notice and opportunity for hearing, he refuses without good cause:
(a) To register for employment with the state employment service, (b) To accept suitable training, or
(c) To accept suitable employment.
The secretary may prescribe by administrative regulation, subject to the provisions of KRS Chapter 13A, standards of suitability for training and employment.
(8) To the extent permitted by federal law, scholarships, grants, or other types of financial assistance for education shall not be considered as income for the purpose
of determining eligibility for public assistance.
(9) To the extent permitted by federal law, any money received because of a settlement or judgment in a lawsuit brought against a manufacturer or distributor of “Agent Orange” for damages resulting from exposure to “Agent Orange” by a member or veteran of the Armed Forces of the United States or any dependent of such person who served in Vietnam shall not be considered as income for the purpose of determining eligibility or continuing eligibility for public assistance and shall not be subject to a lien or be available for repayment to the Commonwealth for public assistance received by the recipient.
(10) (a) For the purpose of determining eligibility for medical assistance under Title XIX of the Social Security Act, unless otherwise required by federal law, the cabinet shall only accept self-attestation of income, residency, age, household composition, caretaker or relative status, or receipt of other coverage as verification of last resort prior to enrollment, and the cabinet shall not request federal authorization or approval to waive or decline to periodically check any available income-related data source to verify eligibility.
(b) This subsection shall not apply to any individual who is a resident of an assisted living community as defined in KRS § 194A.700 or to a long-term care facility as defined in KRS § 216A.010 or hospital licensed under KRS Chapter
216B that is using self-attestation to determine presumptive eligibility.
(c) If an individual for medical assistance under Title XIX of the Social Security Act willingly and knowingly self-attests to falsified information related to income, residency, age, household composition, caretaker or relative status, or receipt of other coverage, the cabinet may fine the individual not more than five hundred dollars ($500) per offense.
(11) When determining whether an applicant for services or assistance provided under this chapter meets the applicable income eligibility guidelines, the cabinet shall use the most recent income verification data available and consider fluctuating employment income data.
(12) If in the normal course of operations, the cabinet finds that an individual has trafficked, sold, distributed, given, or otherwise transferred an electronic benefit transfer card issued by the department for money, service, or other valuable consideration, the cabinet, to the extent permitted under state and federal law:
(a) Shall through any means practical, including but not limited to garnishment of future cash assistance benefits, seek recoupment from the individual of any cash benefits trafficked, sold, distributed, given, or otherwise transferred; and
(b) May:
1. Upon the first violation, deem the individual ineligible for all public assistance programs administered by the cabinet under this chapter for a period of not more than six (6) months;
2. Upon the second violation, deem the individual ineligible for all public assistance programs administered by the cabinet under this chapter for a period of not more than twelve (12) months; and
3. Upon the third violation, deem the individual ineligible for all public assistance programs administered by the cabinet under this chapter for a period of not more than five (5) years.
(13) (a) Notwithstanding any other provision of Kentucky law, the following shall be disregarded for the purposes of determining an individual’s eligibility for a means-tested public assistance program, and the amount of assistance or benefits the individual is eligible to receive under the program:
1. Any amount in an ABLE account;
2. Any contributions to an ABLE account; and
3. Any distribution from an ABLE account for qualified disability expenses.
(b) For purposes of this subsection:
1. “ABLE account” means an account established within any state having a qualified ABLE program as provided in 26 U.S.C. § 529A, as amended;
2. “Kentucky law” includes:
a. All provisions of the Kentucky Revised Statutes:
b. Any contract to provide Medicaid managed care established pursuant to this chapter;
c. Any agreement to operate a Medicaid program established pursuant to this chapter; and
d. Any administrative regulation promulgated pursuant to this chapter; and
3. “Qualified disability expenses” means expenses described in 26 U.S.C. § 529A of a person who is the beneficiary of an ABLE account.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 211, sec. 16, effective July 14, 2022. — Amended
2016 Ky. Acts ch. 35, sec. 1, effective July 15, 2016. — Amended 1998 Ky. Acts ch.
100, sec. 2, effective July 15, 1998. — Amended 1990 Ky. Acts ch. 242, sec. 1, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 121, sec. 3, effective July 15,
1988. –Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21) and (29). — Amended
1972 Ky. Acts ch. 256, sec. 5. — Amended 1970 Ky. Acts ch. 248, sec. 4. — Amended 1966 Ky. Acts ch. 134, secs. 2 and 3. — Amended 1962 Ky. Acts ch. 38, sec. 1. — Amended 1956 Ky. Acts ch. 75, sec. 2. — Amended 1952 Ky. Acts ch. 33, sec. 4. — Created 1950 Ky. Acts ch. 110, sec. 6.
(2) The secretary shall, by administrative regulations, prescribe the conditions of eligibility for public assistance in conformity with the public assistance titles of the Social Security Act, its amendments, and other federal acts and regulations. The secretary shall also promulgate administrative regulations to allow for between a forty percent (40%) and a forty-five percent (45%) ratable reduction in the method of calculating eligibility and benefits for public assistance under Title IV-A of the Federal Social Security Act. In no instance shall grants to families with no income be less than the appropriate grant maximum used for public assistance under Title IV-A of the Federal Social Security Act. As used in this section, “ratable reduction” means the percentage reduction applied to the deficit between the family’s countable income and the standard of need for the appropriate family size.
Terms Used In Kentucky Statutes 205.200
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 205.010
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dependent: A person dependent for support upon another.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Needy aged: means a person who has attained the age of sixty-five (65) and who is unable to provide for himself and who does not have otherwise provided for him a subsistence compatible with decency and health. See Kentucky Statutes 205.010
- Needy blind: means a person who has no vision or whose vision is so defective as to prevent the performance of ordinary activities for which eyesight is essential and who is unable to provide for himself and who does not have otherwise provided for him a subsistence compatible with decency and health. See Kentucky Statutes 205.010
- Needy child: means a child who has been deprived of parental support by reasons prescribed by regulations within the scope of Title IV of the Social Security Act, its amendments, and federal regulations and who does not have otherwise provided for him a subsistence compatible with decency and health. See Kentucky Statutes 205.010
- Needy permanently and totally disabled: means a person eighteen (18) years of age or older and who has a permanent physical or mental impairment, disease, or loss that substantially precludes him from engaging in useful occupations within his competence and who is unable to provide for himself and who does not have otherwise provided for him a subsistence compatible with decency and health. See Kentucky Statutes 205.010
- Public assistance: means money grants, assistance in kind, or services to or for the benefit of needy aged, needy blind, needy permanently and totally disabled persons, needy children, or persons with whom a needy child lives or a family containing a combination of these categories, except that the term shall not be construed to permit the granting of financial aid where the purpose of such aid is to obtain an abortion. See Kentucky Statutes 205.010
- Secretary: means the secretary for health and family services or his authorized representative. See Kentucky Statutes 205.010
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) The secretary may by administrative regulation prescribe as a condition of eligibility that a needy child regularly attend school, and may further by administrative regulation prescribe the degree of relationship of the person or persons in whose home such needy child must reside.
(4) The secretary may by administrative regulation prescribe conditions for bringing paternity proceedings or actions for support in cases of out of wedlock birth or nonsupport by a parent in the public assistance under Title IV-A of the Federal Social Security Act program.
(5) Public assistance shall not be payable to or in behalf of any individual who has taken any legal action in his or her own behalf or in the behalf of others with the intent and purpose of creating eligibility for the assistance.
(6) The cabinet shall promptly notify the appropriate law enforcement officials of the furnishing of public assistance under Title IV-A of the Federal Social Security Act in respect to a child who has been deserted or abandoned by a parent.
(7) No person shall be eligible for public assistance payments if, after having been determined to be potentially responsible, and afforded notice and opportunity for hearing, he refuses without good cause:
(a) To register for employment with the state employment service, (b) To accept suitable training, or
(c) To accept suitable employment.
The secretary may prescribe by administrative regulation, subject to the provisions of KRS Chapter 13A, standards of suitability for training and employment.
(8) To the extent permitted by federal law, scholarships, grants, or other types of financial assistance for education shall not be considered as income for the purpose
of determining eligibility for public assistance.
(9) To the extent permitted by federal law, any money received because of a settlement or judgment in a lawsuit brought against a manufacturer or distributor of “Agent Orange” for damages resulting from exposure to “Agent Orange” by a member or veteran of the Armed Forces of the United States or any dependent of such person who served in Vietnam shall not be considered as income for the purpose of determining eligibility or continuing eligibility for public assistance and shall not be subject to a lien or be available for repayment to the Commonwealth for public assistance received by the recipient.
(10) (a) For the purpose of determining eligibility for medical assistance under Title XIX of the Social Security Act, unless otherwise required by federal law, the cabinet shall only accept self-attestation of income, residency, age, household composition, caretaker or relative status, or receipt of other coverage as verification of last resort prior to enrollment, and the cabinet shall not request federal authorization or approval to waive or decline to periodically check any available income-related data source to verify eligibility.
(b) This subsection shall not apply to any individual who is a resident of an assisted living community as defined in KRS § 194A.700 or to a long-term care facility as defined in KRS § 216A.010 or hospital licensed under KRS Chapter
216B that is using self-attestation to determine presumptive eligibility.
(c) If an individual for medical assistance under Title XIX of the Social Security Act willingly and knowingly self-attests to falsified information related to income, residency, age, household composition, caretaker or relative status, or receipt of other coverage, the cabinet may fine the individual not more than five hundred dollars ($500) per offense.
(11) When determining whether an applicant for services or assistance provided under this chapter meets the applicable income eligibility guidelines, the cabinet shall use the most recent income verification data available and consider fluctuating employment income data.
(12) If in the normal course of operations, the cabinet finds that an individual has trafficked, sold, distributed, given, or otherwise transferred an electronic benefit transfer card issued by the department for money, service, or other valuable consideration, the cabinet, to the extent permitted under state and federal law:
(a) Shall through any means practical, including but not limited to garnishment of future cash assistance benefits, seek recoupment from the individual of any cash benefits trafficked, sold, distributed, given, or otherwise transferred; and
(b) May:
1. Upon the first violation, deem the individual ineligible for all public assistance programs administered by the cabinet under this chapter for a period of not more than six (6) months;
2. Upon the second violation, deem the individual ineligible for all public assistance programs administered by the cabinet under this chapter for a period of not more than twelve (12) months; and
3. Upon the third violation, deem the individual ineligible for all public assistance programs administered by the cabinet under this chapter for a period of not more than five (5) years.
(13) (a) Notwithstanding any other provision of Kentucky law, the following shall be disregarded for the purposes of determining an individual’s eligibility for a means-tested public assistance program, and the amount of assistance or benefits the individual is eligible to receive under the program:
1. Any amount in an ABLE account;
2. Any contributions to an ABLE account; and
3. Any distribution from an ABLE account for qualified disability expenses.
(b) For purposes of this subsection:
1. “ABLE account” means an account established within any state having a qualified ABLE program as provided in 26 U.S.C. § 529A, as amended;
2. “Kentucky law” includes:
a. All provisions of the Kentucky Revised Statutes:
b. Any contract to provide Medicaid managed care established pursuant to this chapter;
c. Any agreement to operate a Medicaid program established pursuant to this chapter; and
d. Any administrative regulation promulgated pursuant to this chapter; and
3. “Qualified disability expenses” means expenses described in 26 U.S.C. § 529A of a person who is the beneficiary of an ABLE account.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 211, sec. 16, effective July 14, 2022. — Amended
2016 Ky. Acts ch. 35, sec. 1, effective July 15, 2016. — Amended 1998 Ky. Acts ch.
100, sec. 2, effective July 15, 1998. — Amended 1990 Ky. Acts ch. 242, sec. 1, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 121, sec. 3, effective July 15,
1988. –Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21) and (29). — Amended
1972 Ky. Acts ch. 256, sec. 5. — Amended 1970 Ky. Acts ch. 248, sec. 4. — Amended 1966 Ky. Acts ch. 134, secs. 2 and 3. — Amended 1962 Ky. Acts ch. 38, sec. 1. — Amended 1956 Ky. Acts ch. 75, sec. 2. — Amended 1952 Ky. Acts ch. 33, sec. 4. — Created 1950 Ky. Acts ch. 110, sec. 6.