C.R.S. Section 26-2-709
Benefits

  • cash assistance
  • programs
  • rules
  • repeal

(1)

Standard of need - basic cash assistance grant.

(a)

The state department shall promulgate rules determining the standard of need for eligibility for a basic cash assistance grant, whether an applicant or participant meets the standard of need, and the amount of the basic cash assistance grant. The state department shall annually review and promulgate rules as necessary to update the standard of need to ensure the standard of need is equitable, promotes economic mobility and self-sufficiency, and reflects the current economic situations in the state. In addition to any other rules necessary for the implementation of this part 7, the state department’s rules shall:

(I)

Adopt a statewide standard of need for eligibility for a basic cash assistance grant that is not less than the basis for standard of need pursuant to this subsection (1) as it existed on July 1, 2009;

(II)

Establish criteria for determining whether an applicant or participant meets the standard of need, including but not limited to what constitutes countable and excludable income for the purposes of eligibility for a basic cash assistance grant;

(III)

No later than July 1, 2023, establish the calculation for determining the amount of an eligible applicant’s or participant’s basic cash assistance grant, which calculation must include an earned income disregard that is applied to the gross countable earned income of an applicant or participant who is employed and a gradual step down of the amount of income disregarded following the initial earned income disregard. The initial earned income disregard and gradual step down must promote work and self-sufficiency, be responsive to family circumstances and need, and benefit the applicant or participant by reducing the unintended economic consequences of becoming employed. The rules promulgated by the state department pursuant to this subsection (1)(a)(III) must not establish an earned income disregard that results in an applicant or participant having fewer financial resources available to the applicant or participant than a similarly situated applicant or participant would have had under the earned income disregard pursuant to section 26-2-709 as it existed on July 1, 2009.

(IV)

Establish the calculation for determining the amount of the basic cash assistance grant, which calculation shall disregard current child support payments made to a participant pursuant to section 26-2-111 (3)(a.5). However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility for the grant.

(b)

Intentionally left blank —Ed.

(I)

In establishing the calculation for determining the amount of an eligible applicant’s or participant’s basic cash assistance grant, the state department shall ensure that the amount of the basic cash assistance grant that a participant or applicant receives for the state fiscal year commencing July 1, 2022, is equal to or exceeds one hundred percent of the amount of basic cash assistance in 2021, plus ten percent. For the state fiscal year commencing July 1, 2024, and each state fiscal year thereafter, the amount of basic cash assistance must be equal to or exceed the amount of basic cash assistance for the previous state fiscal year plus a two percent cost of living adjustment or a cost of living adjustment that is equal to the average of the federal social security administration’s cost of living adjustment for that fiscal year plus the previous two fiscal years, whichever is greater.

(II)

Intentionally left blank —Ed.

(A)

On July 1, 2022, the state treasurer shall transfer twenty-one million five hundred thousand dollars from the economic recovery and relief cash fund, created in section 24-75-228, to the Colorado long-term works reserve to cover any increase in basic cash assistance pursuant to this section above the amount of basic cash assistance in state fiscal year 2021-22.

(B)

The money transferred pursuant to subsection (1)(b)(II)(A) of this section must be expended in accordance with section 24-75-226 (4)(d).

(C)

This subsection (1)(b)(II) is repealed, effective July 1, 2027.

(III)

Intentionally left blank —Ed.

(A)

Beginning state fiscal year 2023-24, and each state fiscal year thereafter, to cover any increase in basic cash assistance pursuant to this section above the total spending of basic cash assistance in state fiscal year 2021-22, the state department shall first expend any money remaining that is transferred to the Colorado long-term works reserve pursuant to subsection (1)(b)(II) of this section. The state department shall then expend money in an amount equal to one-third of the amount necessary to cover any such increase in basic cash assistance from available TANF funds, which must include funds in the Colorado long-term works reserve and the total statewide county TANF reserve, and an amount equal to two-thirds of the amount necessary to cover any such increase in basic cash assistance that the general assembly appropriates to the state department from the state general fund or any other available fund, including the Colorado long-term works reserve, in accordance with section 26-2-721 (5). The state department and counties shall identify an equitable portion of the Colorado long-term works reserve and total statewide county TANF reserve for the implementation of this subsection (1)(b)(III)(A). The general assembly shall appropriate money to the state department for the implementation of this subsection (1)(b)(III)(A).

(B)

If the total statewide county TANF reserve falls below fifteen percent of the county block grant amount, the general assembly shall appropriate money from the Colorado long-term works reserve to the county block grant until the balance of the total statewide county TANF reserve exceeds fifteen percent of the county block grant amount or until the Colorado long-term works reserve falls below twenty-five percent of the state block grant amount.

(C)

If the Colorado long-term works reserve falls below twenty-five percent of the state block grant amount and the total statewide county TANF reserve exceeds fifteen percent of the county block grant amount, the counties shall fund the TANF program from available TANF funds until the total statewide county TANF reserve falls below fifteen percent of the county block grant amount. Counties are only required to spend available TANF money, including county TANF reserves and the maintenance of effort, for the Colorado works program.

(IV)

Beginning January 2023, and each January thereafter, the joint budget committee shall at least annually review the balance of the Colorado long-term works reserve and the total statewide county TANF reserve, and, if the joint budget committee determines that the balance of the Colorado long-term works reserve will fall below twenty-five percent of the state block grant amount and the balance of the total statewide county TANF reserve will fall below fifteen percent of the county block grant amount in the current or next state fiscal year, the general assembly shall appropriate money from the state general fund or the unclaimed property trust fund to cover any increase in basic cash assistance above the amount of basic cash assistance in state fiscal year 2021-22 until the balance of the Colorado long-term works reserve exceeds twenty-five percent of the state block grant amount and the total statewide county TANF reserve exceeds fifteen percent of the county block grant amount.

(V)

The state department and a county department that receives money from the state department pursuant to this section shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(c)

Except as otherwise provided in this part 7 and subject to available appropriations, an applicant or participant who meets the eligibility criteria established by the state department pursuant to paragraph (a) of this subsection (1) shall receive a basic cash assistance grant in an amount determined by the state department pursuant to paragraphs (a) and (b) of this subsection (1). An increase in the amount of the basic cash assistance grant approved by the state department shall not take effect unless the funding for the increase is included in the annual general appropriation act or a supplemental appropriation act.

(d)

Repealed.

(e)

Beginning July 1, 2021, and each year thereafter, the joint budget committee of the general assembly shall review the sustainability of the Colorado long-term works reserve created in section 26-2-721.

(1.3)

Redetermination of eligibility for persons receiving cash assistance.
The state board shall promulgate rules that require county departments to perform a redetermination of eligibility for all assistance units receiving cash assistance. Eligibility processes from other public assistance or entitlement programs may be used when redetermining eligibility. When possible, the state board is strongly encouraged to align redetermination timelines with other public assistance or entitlement programs.

(1.5)

Rules concerning cash assistance.
The state department shall promulgate rules as may be necessary to comply with changes in federal regulations relating to the definition of the term “cash assistance”.

(2)

Other assistance.

(a)

Subject to available appropriations, a county department may provide assistance, including but not limited to cash assistance, in addition to the basic cash assistance grant described in subsection (1) of this section that is authorized pursuant to the provisions of the federal law or this section. Such other assistance shall be based upon a participant’s assessed needs.

(b)

and (c)(Deleted by amendment, L. 2008, p. 1960, § 11, effective January 1, 2009.)(3)(Deleted by amendment, L. 2008, p. 1960, § 11, effective January 1, 2009.)

Source: Section 26-2-709 — Benefits - cash assistance - programs - rules - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­pdf (accessed Oct. 20, 2023).

26‑2‑101
Short title 26‑2‑102
Legislative declaration 26‑2‑102.5
Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules 26‑2‑103
Definitions 26‑2‑104
Public assistance programs - electronic benefits transfer service - joint reports with department of revenue - signs - rules 26‑2‑105
Federal requirements 26‑2‑106
Applications for public assistance 26‑2‑107
Verification - record 26‑2‑108
Granting of assistance payments and social services - rules 26‑2‑109
Right to own certain property 26‑2‑110
Repayment not required 26‑2‑111
Eligibility for public assistance - rules - repeal 26‑2‑111.5
Access to supplemental security income program benefits for old age pension applicants and recipients 26‑2‑111.6
Old age pension work incentive program 26‑2‑111.8
Eligibility of noncitizens for public assistance 26‑2‑112
Old age pensions for inmates of public institutions 26‑2‑113
Funds for old age pensions 26‑2‑114
Amount of assistance payments - old age pension 26‑2‑115
State old age pension fund - priority 26‑2‑116
Old age pension stabilization fund 26‑2‑119
Amount of assistance payments - aid to the needy disabled - rules 26‑2‑119.7
Federal disability benefits - application assistance - fund - rules - report - legislative declaration 26‑2‑120
Amount of assistance payments - aid to the blind 26‑2‑121
Expenses of treatment to prevent blindness or restore eyesight 26‑2‑122
Public assistance in the form of social services 26‑2‑122.3
Home care allowance - repeal 26‑2‑122.5
Acceptance of available money to finance the low-income energy assistance program 26‑2‑123
Removal to another county 26‑2‑124
Reconsideration and changes 26‑2‑125
Colorado works cases - vendor payments 26‑2‑127
Appeals 26‑2‑128
Recovery from recipient - estate 26‑2‑129
Funeral - final disposition expenses - death reimbursement - definitions - rules 26‑2‑131
Public assistance not assignable 26‑2‑132
Limitation 26‑2‑133
State income tax refund offset - rules 26‑2‑134
Checks, drafts, or orders for payment of moneys for public assistance - identification of bearer 26‑2‑135
Medically correctable program - fund established - rules 26‑2‑137
Noncitizens programs 26‑2‑138
Refugee services program - state plan - rules - definitions - repeal 26‑2‑139
Food pantry assistance grant program - created - timeline and criteria - grants - definitions - repeal 26‑2‑140
Colorado diaper distribution program - diapering essentials - report - rules - definitions 26‑2‑141
High-quality work management system - implementation - funding - repeal 26‑2‑142
Colorado teen parent driver’s license program - report - rules - definitions - appropriation 26‑2‑143
Colorado commodity supplemental food grant program - creation - appropriation - rules - definitions 26‑2‑144
Food bank assistance grant program - creation - rules - definition 26‑2‑201
Short title 26‑2‑202
Legislative declaration 26‑2‑203
Definitions 26‑2‑204
Mandatory minimum state supplementation of SSI benefits 26‑2‑205
Optional state supplementation 26‑2‑206
Interim assistance 26‑2‑207
Administration 26‑2‑208
Federal requirements 26‑2‑209
Limitations 26‑2‑210
State supplemental security income stabilization fund - creation 26‑2‑301
Food stamps - administration 26‑2‑301.5
Performance standards - incentives - sanctions 26‑2‑302
Federal requirements 26‑2‑304
Appeals - recoveries - rules 26‑2‑305
Fraudulent acts - penalties 26‑2‑305.5
Categorical eligibility - repeal 26‑2‑306
Trafficking in food stamps 26‑2‑307
Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal 26‑2‑308
Colorado employment first - supplemental nutrition assistance program - federal match - legislative declaration - definition - repeal 26‑2‑701
Short title 26‑2‑702
Legislative intent 26‑2‑703
Definitions 26‑2‑704
No individual entitlement 26‑2‑705
Works program - purposes 26‑2‑706
Target populations 26‑2‑706.5
Restrictions on length of participation - rules 26‑2‑706.6
Payments and services under Colorado works - rules 26‑2‑707.5
Community resources investment assistance 26‑2‑707.7
Information concerning immunization of children 26‑2‑708
Assistance - assessment - individual responsibility contract - waivers for domestic violence - rules 26‑2‑709
Benefits - cash assistance - programs - rules - repeal 26‑2‑709.5
Exit interviews and follow-up interviews of participants - reporting 26‑2‑710
Administrative review 26‑2‑711
Works program - sanctions against participants - rules 26‑2‑712
State department duties - authority 26‑2‑713
State maintenance of effort 26‑2‑714
County block grants formula - use of money - rules 26‑2‑714.5
Adjusted work participation rate - notification - county authorization - career and technical education 26‑2‑715
Performance contracts 26‑2‑716
County duties - appropriations - penalties - hardship extensions - domestic violence extensions - incentives - rules 26‑2‑717
Reporting requirements 26‑2‑718
Regionalization 26‑2‑719
Private contracting 26‑2‑720.5
County block grant support fund - created 26‑2‑721
Colorado long-term works reserve - creation - use 26‑2‑721.3
Colorado works program maintenance fund - creation - use - report 26‑2‑725
Outreach and engagement plan - family voice participation 26‑2‑1001
Short title 26‑2‑1002
Legislative declaration 26‑2‑1003
Definitions 26‑2‑1004
Individual development account program - rules 26‑2‑1005
Eligibility for participation in the individual development account program 26‑2‑1101
Legislative declaration 26‑2‑1102
Definitions 26‑2‑1103
Transitional jobs program 26‑2‑1104
Repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 26-2-709’s source at colorado​.gov