Title 921 | Chapter 002 | Regulation 520


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921 KAR 2:520.Work Incentive (WIN).

Section 1.

Definitions.

(1)

"Benefit group" means a group that meets the eligibility requirements established in 921 KAR 2:016.

(2)

"Cabinet" means the Cabinet for Health and Family Services.

(3)

"Family Assistance Short Term" or "FAST" means the program established in 921 KAR 2:500.

(4)

"Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

(5)

"Overpayment" means a Work Incentive payment received by an individual who after an initial determination of eligibility:

(a)

Is determined to be ineligible for the program; and

(b)

Received erroneous benefits.

(6)

"Work expense" means costs or charges accumulated as a result of items or services necessary for employment.

Section 2.

Eligibility for WIN.

(1)

To qualify for WIN, a member of the benefit group shall:

(a)

Be discontinued from KTAP with earnings;

(b)

Report to the cabinet within ten (10) calendar days of obtaining employment and provide written verification within ten (10) calendar days of the report;

(c)

Have an eligible child as defined in 921 KAR 2:006, Section 1;

(d)

Be employed;

(e)

Have a work expense;

(f)

Be a resident of Kentucky; and

(g)

Have total gross earned and unearned income at or below 200 percent of the official federal poverty income guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services pursuant to 42 U.S.C. 9902(2).

(2)

An individual is not eligible for WIN if:

(a)

Employment is obtained after the KTAP case is discontinued; or

(b)

The individual has previously received all twelve (12) months of WIN payments.

(3)

An eligible recipient shall not receive KTAP, FAST, or WIN concurrently.

Section 3.

Eligibility Period.

(1)

 

(a)

The potential WIN eligibility period for an approved WIN recipient shall be twelve (12) cumulative months, beginning with the first month of discontinuance of KTAP.

(b)

Eligibility shall be redetermined monthly.

(2)

(a)

An eligible WIN recipient shall be eligible for up to twelve (12) cumulative months of WIN payments.

(b)

If an eligible recipient loses employment, the WIN payment shall stop unless:

1.

New employment is obtained within one (1) month; and

2.

Written verification is provided to the cabinet by the last business day of the WIN-eligible month to verify the new employment.

(c)

If eligibility in accordance with Section 2(1) of this administrative regulation is no longer met, the WIN payment shall stop.

(d)

If the eligible WIN recipient reapplies and is eligible for KTAP, the WIN payment shall stop.

(3)

If an individual previously received less than twelve (12) WIN payments and regains eligibility for WIN, the eligible recipient may continue to receive the remaining WIN payments.

(4)

An eligible recipient shall not waive receipt of the WIN payment in order to receive the payment at a later date.

Section 4.

Payment Amount and Authorization.

(1)

To the extent funds are available, the payment amount shall be $200 per month per eligible adult.

(2)

The first payment shall be automatically issued on the tenth day of the effective month of the discontinuance of KTAP benefits.

(3)

Each subsequent payment may be issued upon the cabinet receiving:

(a)

A completed WIN-1, Work Incentive (WIN) Report, by the last business day of the WIN-eligible month; or

(b)

A completed WIN-2, Second Notice for Work Incentive (WIN) Report, by the last business day of the WIN-eligible month.

Section 5.

Overpayments.

(1)

The cabinet shall recover the amount of an overpayment, including assistance paid pending the outcome of a hearing, from the claimant-payee.

(2)

An overpayment shall be recovered through:

(a)

Repayment by the claimant-payee to the cabinet; or

(b)

Cabinet initiation of a civil action in the court of appropriate jurisdiction after the claimant-payee has exhausted or abandoned the administrative and judicial remedies specified in 921 KAR 2:055.

Section 6.

Hearings and Appeals. An applicant or recipient of WIN payments who is dissatisfied with an action or inaction on the part of the cabinet may seek a hearing pursuant to 921 KAR 2:055.

Section 7.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"WIN-1, Work Incentive (WIN) Report", 08/22; and

(b)

"WIN-2, Work Incentive (WIN) Report – Second Notice", 08/22.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

HISTORY: (29 Ky.R. 859, Am. 2296; eff. 3-19-2003; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 42 Ky.R. 610; eff. 11-18-2015; 49 Ky.R. 690; eff. 3-16-2023.)

MARTA MIRANDA-STRAUB, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: August 2, 2022
FILED WITH LRC: August 4, 2022 at 8:10 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on October 24, 2022, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by October 17, 2022, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until October 31, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin and Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes eligibility criteria for the Work Incentive (WIN) program in Kentucky, which assists eligible families with paying for costs or charges accumulated as a result of items or services necessary for employment.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the eligibility and benefits criteria for Kentucky’s Work Incentive (WIN) program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 194A.050, which authorizes the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to qualify for federal funds and to cooperate with other state and federal agencies. This cabinet has responsibility under 45 C.F.R. 260 to implement the TANF program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing eligibility and benefits criteria for the implementation of the TANF “Work Incentive” program or “WIN.”
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment changes the existing administrative regulation by increasing the maximum benefit for WIN services provided with Temporary Assistance for Needy Families (TANF) Block Grant funds – this is assistance paying for costs that are necessary for employment. The amendment also updates program names for consistency with other administrative regulations in process. Material incorporated by reference is also being updated to clarify instructions and add agency contact information.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary in order to utilize federal funding in providing WIN services for more eligible TANF applicants. This amendment is also necessary to keep the administrative regulation from expiring pursuant to KRS 13A.3102 and 3104. The administrative regulation was reviewed for certification and determined to require updating.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment conforms to the authorizing statutes by maintaining standards for program eligibility, benefit provisions, and compliance.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment allows for greater utilization of the TANF-funded Work Incentive program in Kentucky.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department for Community Based Services (DCBS) will be impacted by this administrative regulation. DCBS administers TANF benefits throughout Kentucky’s 120 counties. Through this program, assistance was provided to sixty-eight (68) families per month during the time period of June 2021 to November 2021. Data indicates that there was an increase in program participation prior to the Covid-19 pandemic (approximately 200 families per month).
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The amendment increases the benefit amount for the Work Incentive program. No additional actions are required by this amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Costs associated with the increase in benefit amount for the Work Incentive (WIN) program are funded by the TANF Block Grant.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Individuals eligible for WIN payments will see a slightly higher benefit amount. Costs associated with the increase in benefit amount for the Work Incentive (WIN) program are funded by the TANF Block Grant.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The Work Incentive (WIN) program is an eligible expenditure for federal funding from the TANF Block Grant.
(b) On a continuing basis:
The cabinet will ensure that the programs and state administrative activities are funded with the TANF Block Grant.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The implementation and enforcement of this administrative regulation is funded by the TANF Block Grant.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
The cabinet will implement and enforce this administrative regulation in subsequent years through the federal TANF Block Grant. (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
(9) TIERING: Is tiering applied?
Tiering is not applied because this administrative regulation will be applied in a like manner statewide.

FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
45 C.F.R. Parts 260-265
(2) State compliance standards.
KRS 194A.050(1), 205.200(2), 205.2003
(3) Minimum or uniform standards contained in the federal mandate.
Operating a state program consistent with the rules of the Temporary Assistance for Needy Families Block Grant. (a) Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; (b) End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; (c) Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and (d) Encourage the formation and maintenance of two-parent families.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
The amendment does not impose stricter requirements than those required by the federal mandate. The state meets the requirements of TANF through many different programs.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department for Community Based Services will be impacted by this administrative regulation by administering this program.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
45 C.F.R. Parts 260-265, KRS 194A.050(1), 205.200(2), 205.2003
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation and program do provide assistance to eligible families in paying for costs or charges accumulated as a result of items or services necessary for employment; therefore, it does generate revenue for local economies. The amount depends on program participation.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation and program does provide assistance to eligible families in paying for costs or charges accumulated as a result of items or services necessary for employment; therefore, it does generate revenue for local economies. The amount depends on program participation.
(c) How much will it cost to administer this program for the first year?
The cabinet will utilize the administrative funds available under the TANF Block Grant to administer these programs in the first year, but only minor data system costs are anticipated.
(d) How much will it cost to administer this program for subsequent years?
The cabinet will utilize the administrative funds available under the TANF Block Grant to administer these programs in the subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation establishes eligibility criteria for the Work Incentive (WIN) program in Kentucky, which provides eligible families with assistance paying for costs or charges accumulated as a result of items or services necessary for employment. Cost savings are not generated by this administrative regulation, but it also does not require costs from regulated entities
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There are no cost savings associated with this amendment.
(c) How much will it cost the regulated entities for the first year?
There are no costs to regulated entities associated with this amendment.
(d) How much will it cost the regulated entities for subsequent years?
There are no costs to regulated entities associated with this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact or a negative or adverse economic impact on any parties, but rather provides assistance to eligible Kentucky families with paying for costs or charges accumulated as a result of items or services necessary for employment.

7-Year Expiration: 3/16/2030

Last Updated: 3/22/2023


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