RELATES TO: KRS 45.237-241, 205.211, 42 U.S.C. 601-619
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate administrative regulation necessary to implement programs mandated by federal law or to qualify for receipt of federal funds. KRS 205.200(2) requires the secretary to prescribe, by administrative regulation, conditions of eligibility for public assistance, in conformity with federal law. This administrative regulation establishes eligibility requirements for the Relocation Assistance Program (RAP).
Section 1. Definitions. (1) "Benefit group" means a group that meets the eligibility requirements established in 921 KAR 2:006.
(2) "Family Alternatives Diversion Program" or "FAD" means the program established in 921 KAR 2:500.
(3) "Kentucky Transitional Assistance Program" or "K-TAP", Kentucky’s Temporary Assistance for Needy Families or "TANF" Program, means a money payment program for children who are deprived of parental support or care in accordance with 921 KAR 2:006.
Section 2. Relocation Assistance Program (RAP). (1) An applicant for the RAP shall:
(a) Be a current recipient of K-TAP;
(b)1. Have a verified offer of employment with wages in an amount equal to or greater than thirty (30) hours per week at the minimum hourly wage rate; or
2. Be currently employed with wages in an amount equal to or greater than thirty (30) hours per week at the minimum hourly wage rate, reporting and verifying timely, and request relocation assistance within ninety (90) days from the start date of employment; and
(c) Be in need of assistance to relocate in order to:
1. Accept or maintain a verified offer of employment if the applicant's:
a. Current residence is located ten (10) miles or more from the location of new employment; and
b. New residence is closer to the location of new employment than the applicant's current residence; or
2. Escape a domestic violence situation, as determined by the cabinet pursuant to 921 KAR 2:006, Section 1;
(d) Not be required to comply with paragraphs (b) and (c)1 of this subsection, if moving to escape from a domestic violence situation; and
(e) Complete Form RA-1, Application for Relocation Assistance.
(2) To the extent funds are available, the payment shall be issued to assist an eligible K-TAP recipient in meeting moving-related expenses. Moving-related expenses shall include:
(a) Moving van rental;
(b) First month's rent for apartment or house; and
(c) Security deposit, utility hook-up fee, or other moving-related fee approved by the cabinet for the apartment or house listed in paragraph (b) of this subsection.
(3) The amount of payment shall be up to $500 based on the actual verified moving-related expenses, as listed in subsection (2) of this section.
(4) Except for a domestic violence situation, an otherwise eligible recipient of the RAP shall receive relocation assistance only one (1) time.
(5) The offer of employment, including hourly wage and number of hours, and the availability of a new residence, as specified in subsection (1)(b)1 and (c)1 of this section shall be verified in writing.
(6) The start date of ongoing employment, including hourly wage and number of hours and the availability of a new residence as specified in subsection (1)(b)2 and (c)1 of this section, shall be verified in writing.
(7) The cabinet shall provide follow-up case management to assist the family with the transition.
(8) A family not currently receiving K-TAP and eligible to receive FAD may receive assistance to relocate as specified in 921 KAR 2:500.
(9) A K-TAP recipient may refuse without penalty an offer of employment which would require relocation.
Section 3. Hearing Rights. Hearing rights for the RAP shall be the same as hearing rights for a K-TAP recipient in accordance with 921 KAR 2:055.
Section 4. Improper Payments. The cabinet shall recover the amount of an improper payment pursuant to KRS 45.237-241 and 205.211, including assistance paid pending the outcome of a hearing, from the claimant-payee.
Section 5. Incorporation by Reference. (1) The "RA-1, Application for Relocation Assistance", 12/15, is incorporated by reference.
(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. (25 Ky.R. 2077; eff. 6-16-1999; Recodified from 904 KAR 2:510, 7-8-1999; 29 Ky.R. 1150; 1668; eff. 12-18-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 33 Ky.R. 1746; 2331; eff. 3-9-2007; 42 Ky.R. 610; eff. 11-18-2015.)