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205.200 Eligibility for public assistance.
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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 has made a
proper application or an application has been made on his 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.
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.
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.
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.
Public assistance shall not be payable to or in behalf of any individual who has
taken any legal action in his own behalf or in the behalf of others with the intent
and purpose of creating eligibility for the assistance.
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.
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.
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
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purpose of determining eligibility for public assistance.
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.
Effective:July 15, 1998
History: 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.
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