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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 purpose
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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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