2014 Kentucky Revised Statutes CHAPTER 36 - DEPARTMENT OF MILITARY AFFAIRS 36.474 Eligibility for funds -- Need-based applications by member's spouse or dependent for necessary expenses -- Expenditure of funds to benefit group of members, spouses, or dependents -- Expenditure of funds to Adoption Assistance Program applicants -- Adjutant general to award or decline -- Identification of other funding sources available to applicant -- Emergency regulations.
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36.474 Eligibility for funds -- Need-based applications by member's spouse or
dependent for necessary expenses -- Expenditure of funds to benefit
group of members, spouses, or dependents -- Expenditure of funds to
Adoption Assistance Program applicants -- Adjutant general to award or
decline -- Identification of other funding sources available to applicant -Emergency regulations.
(1)
(2)
(3)
During active duty of a regular member of the United States Armed Forces
deployed outside the United States who names Kentucky as home of record for
military purposes, or any federal active duty of a member of a state National
Guard or a Reserve component, who names Kentucky as home of record for
military purposes, and for one hundred eighty (180) days following the end of
deployment outside the United States or deactivation, as appropriate, trust fund
moneys shall be used to support:
(a) The person who names Kentucky as home of record for military
purposes;
(b) The person's Kentucky resident spouse;
(c) The person's dependent or dependents; or
(d) A group of several members of the military or their families as described
in paragraphs (a) to (c) of this subsection.
An application for a trust fund grant may be filed by the member who names
Kentucky as home of record for military purposes or his or her Kentucky
resident spouse. The application shall be accompanied by an appropriate
authorization to access personnel information contained in the military
database Defense Enrollment Reporting System (DEERS) for verification
purposes.
Subject to the availability of trust fund moneys, the adjutant general shall
award a grant to an applicant described in paragraphs (a) to (c) of subsection
(1) of this section if that person's application is need-based, and the amount of
the grant does not exceed the dollar cap established by the board through the
promulgation of administrative regulations. An application shall be need-based
if:
(a) Funds are requested for necessary expenses incurred, or to be incurred.
Necessary expenses shall include but not be limited to:
1.
Housing;
2.
Utilities;
3.
Groceries;
4.
Health insurance copay; and
5.
Child care;
(b) The necessary expenses created, or will create, an undue hardship on a
person referred to in subsection (1) of this section;
(c) The undue hardship is directly related to the member's deployment
outside the United States or federal active duty, as appropriate;
(d) The applicant does not have reasonable access to any other funding
source, whether public or private; and
(4)
(5)
(6)
(7)
(8)
(e) The military family assistance trust fund is the last resort.
Subject to the availability of trust fund moneys, the adjutant general may
expend trust fund money, in amounts up to one thousand dollars ($1,000) per
situation and up to ten thousand dollars ($10,000) per calendar year, to benefit
individuals described in paragraph (d) of subsection (1) of this section if:
(a) The individuals have a demonstrated need that affects their health,
safety, or well-being; and
(b) A majority of the members of the military family assistance trust fund
board has approved the expenditure, verbally or in writing.
Subject to the availability of trust fund moneys, the director of the Kentucky
National Guard Family Services Program within the Kentucky Department of
Military Affairs may expend trust fund money, in amounts up to one thousand
dollars ($1,000) per situation and up to ten thousand dollars ($10,000) per
calendar year, to benefit individuals described in subsection (1) of this section
if:
(a) The individuals have a demonstrated need that affects their health,
safety, or well-being; and
(b) A majority of the members of the military family assistance trust fund
board has approved the expenditure, verbally or in writing.
Subject to the availability of military family assistance trust fund moneys, the
adjutant general shall expend trust fund money to eligible applicants to the
Kentucky National Guard Adoption Assistance Program as provided in KRS
36.477. Eligible applicants to the Kentucky National Guard Adoption
Assistance Program shall not be subject to the requirements of subsection (1)
of this section.
(a) The adjutant general shall award or decline to award a grant within sixty
(60) days of receiving an application.
(b) If the adjutant general awards or declines to award a grant, he or she
shall state in writing the reason for the decision and keep the writing on
file.
(c) If the adjutant general declines to award a grant, he or she shall provide
the applicant with a copy of the writing referred to in paragraph (b) of this
subsection. In addition, if the adjutant general declines to award a grant
due to the availability of public or private funds, the adjutant general shall
identify the source of available funds for the applicant and provide
assistance with regard to seeking funds from that source.
No later than August 15, 2006, the military family assistance trust fund board
shall promulgate emergency administrative regulations to carry out the
provisions of this section. These emergency regulations shall, at a minimum,
enhance administrative efficiency and limit the dollar amount that a person may
receive in grants per twelve (12) month period.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 7, sec. 2, effective July 12, 2012. -- Amended
2010 Ky. Acts ch. 138, sec. 1, effective July 15, 2010. -- Created 2006 Ky. Acts
ch. 252, Pt. XXVIII, sec. 3, effective April 25, 2006.
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