ADULT FINANCIAL PROGRAMS

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Code of Colorado Regulations › 500,1008,2500 Department of Human Services › 2503 Income Maintenance (Volume 3) › 9 CCR 2503-5

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DEPARTMENT OF HUMAN SERVICES

Income Maintenance (Volume 3)

ADULT FINANCIAL PROGRAMS

9 CCR 2503-5

[Editor's Notes follow the text of the rules at the end of this CCR Document.]

3.500 Adult Financial Programs- Adult Financial Programs consist of the Old Age

Pension (OAP) program, Aid to the Needy Disabled (AND) program

consisting of AND-State Only (AND-SO) and AND-Colorado Supplement

(AND-CS), Home Care Allowance (HCA), and Burial Assistance

3.510 DEFINITIONS

“Actual value” means the value of real property, as reported by the county assessor.

“Adequate” (related to notice) means a written notice sent to the client which details any

determination of eligibility, as well as a change or discontinuation of grant payments and

the reason for that change.

“Administrative disqualification hearing” (ADH) means a disqualification hearing against

an individual accused of wrongfully obtaining or attempting to obtain assistance.

“Administrative error claim” means a grant payment was overpaid and a claim validated

based on an error on the part of the county department of human services.

“Administrative Law Judge” (ALJ) means an Administrative Law Judge appointed

pursuant to Section 24-30-1003, C.R.S.

“Adult Financial approved setting” means a facility with this specific designation by the

State Department.

“Anticipated income” means income which can be anticipated with reasonable certainty

concerning the amount and month in which it is to be received.

“Applicant” means any individual or family who individually or through a designated

representative or someone acting responsibly for him or her has applied for benefits

under the programs of public assistance administered or supervised by the State

Department pursuant to Title 26, Article 2, C.R.S., as defined at Section 26-2-103(1),

C.R.S.

“Application” means an initial or redetermination request on State approved forms

(paper or electronic) for a grant payment and/or services.

“Approval” means assistance is authorized by the county department

plied for benefits

under the programs of public assistance administered or supervised by the State

Department pursuant to Title 26, Article 2, C.R.S., as defined at Section 26-2-103(1),

C.R.S.

“Application” means an initial or redetermination request on State approved forms

(paper or electronic) for a grant payment and/or services.

“Approval” means assistance is authorized by the county department.

Code of Colorado Regulations

Secretary of State

State of Colorado

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“Assets” means the same as resources.

“Authorized representative” means someone acting reasonably for the client with the

authority to make decisions on behalf of the client and who has taken responsibility for

the case including but not limited to signing documents and speaking with county

departments. The authorization must be in writing and signed by the client.

"Available" (related to funds or assets) means accessible or could be accessible, when

the client has a legal interest in a sum (the equity value of a resource), and has the legal

ability to make such sum available for support and maintenance.

“Bona fide loan” means a borrower receives money (from relatives, friends or others)

which creates a loan if there is an understanding between the parties that the money

borrowed is to be repaid and it is recognized as an enforceable contract under Colorado

law. The transaction which creates a loan can be in the form of a written or verbal

agreement if enforceable under Colorado law. Absent a negotiable instrument, a bona

fide loan must still be convertible to cash in order to be considered a resource. The

obligation to repay cannot be contingent on future income that might be received by the

borrower. The written or verbal agreement must be in effect at the time of the

transaction and there must be a reasonable plan for repayment

agreement if enforceable under Colorado law. Absent a negotiable instrument, a bona

fide loan must still be convertible to cash in order to be considered a resource. The

obligation to repay cannot be contingent on future income that might be received by the

borrower. The written or verbal agreement must be in effect at the time of the

transaction and there must be a reasonable plan for repayment.

”Case Management Agency” (CMA) means a public or private not-for-profit or for-profit

organization contracted with the State of Colorado to provide case management

services and activities, pursuant to section 25.5-6-1702(2), C.R.S. (2025).

“Cash surrender value” means the dollar value at which a resource could be sold or

cashed in.

“Certification period” means the time period for which an Adult Financial client is

approved to receive grant payments before a redetermination is required.

“Claim” means an overpayment of a grant payment that needs to be researched and

validated by the county department.

“Clear and convincing” means evidence is stronger than “a preponderance of evidence”

and is unmistakable and free from serious or substantial doubt.

“Client” means a current or past applicant or a current or past recipient of an Adult

Financial grant payment.

“Client error claim” means a grant payment was overpaid and a claim was validated

based on unintentional or willful withholding of information on the part of the client.

“Client Statement” means a written or verbal declaration made by an applicant or

recipient of Adult Financial benefits regarding income, resources, or other eligibility

factors.

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means a grant payment was overpaid and a claim was validated

based on unintentional or willful withholding of information on the part of the client.

“Client Statement” means a written or verbal declaration made by an applicant or

recipient of Adult Financial benefits regarding income, resources, or other eligibility

factors.

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“Collateral contact” means a person outside the client’s household (excluding

sponsor(s) and landlord who also live in the home) who has first-hand knowledge of the

client’s circumstance and provides a verbal or written confirmation thereof. This

confirmation may be made either in person, in writing, electronically submitted, or by

telephone. Acceptable collateral contacts include but are not limited to: employers,

landlords, social/migrant service agencies, and medical providers who can be expected

to provide accurate third party verification. The name/title of the collateral contact as

well as the information obtained must be documented in the statewide automated

system.

"Convertible asset" means any asset which can be converted into cash and is defined

by its cash value. This includes a savings or checking account, other accessible

electronic currency and/or cryptocurrency, stocks, bonds, mutual fund shares, 401Ks,

457Ks, IRAs, Certificates of Deposit (CDs), PERA accounts, gold/silver, cryptocurrency,

pensions, and other retirement or investment accounts and investment vehicles.

“Countable income” means all earned and/or unearned income considered available to

the client, spouse of the client, or sponsor(s) of the client after the application of valid

exemptions, disregards, and deductions.

“Countable resource” means resources considered available to the client, spouse of the

client, or sponsor(s) of the client after the application of valid exemptions, disregards,

and deductions.

“County department” means the county department of human/social services

the client, spouse of the client, or sponsor(s) of the client after the application of valid

exemptions, disregards, and deductions.

“Countable resource” means resources considered available to the client, spouse of the

client, or sponsor(s) of the client after the application of valid exemptions, disregards,

and deductions.

“County department” means the county department of human/social services.

“Creditor” means a person or company, aside from the Colorado Department of Human

Services, to whom money is owed.

“Date of entry” or “date of admission” means the date established by the United States

Citizenship and Immigration Services (USCIS), formerly known as the Immigration and

Naturalization Service (INS), as the date the sponsored noncitizen was admitted for

permanent residence.

“Denial” means that the client was not eligible for a grant payment upon application.

“Demonstrable evidence” means evidence that a Colorado Works case is closed due to

refusal to comply with the Workforce program.

“Disabling condition” means a medical impairment which prevents an individual from

engaging in work.

“Disaster assistance” means a cash payment to a client to cover needs and/or

expenses related to a county, Governor, or federally declared disaster.

“Discontinuation” means that the client who is currently receiving a grant payment is no

longer eligible and his or her grant payment will be stopped.

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dual from

engaging in work.

“Disaster assistance” means a cash payment to a client to cover needs and/or

expenses related to a county, Governor, or federally declared disaster.

“Discontinuation” means that the client who is currently receiving a grant payment is no

longer eligible and his or her grant payment will be stopped.

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“Earned Income” means payment in cash or in-kind received by a client, spouse of a

client, or sponsor(s) of the client for services performed as an employee or as a result of

the client, spouse of the client, or sponsor(s) of the client being engaged in self-

employment.

“Effective date of eligibility” means the first date a client is eligible for the public

assistance program.

“Eligibility requirements” means State Department criteria used to determine client

eligibility or ineligibility to receive assistance and/or services.

“Eligible client” means a client whose countable resources are below the resource limit,

whose countable income is below the grant standard, and who meets all non-financial

eligibility criteria.

“Encumbrance” means the valid and legal outstanding payments, loans, or liens on a

given resource.

“Estate” means the property of the decedent, trust, or other person whose affairs are

subject to the Colorado Probate Code, Title 15, Article 10, of the Colorado Revised

Statutes, as originally constituted and as it exists from time to time during

administration, as defined in Section 15-10-201(17), C.R.S.

“Equity value” means actual value less encumbrances.

“Exempt income” means any income that is not countable income for the purpose of

eligibility.

"Exempt resource" means any resource with a value that is not countable for the

purpose of determining eligibility

Statutes, as originally constituted and as it exists from time to time during

administration, as defined in Section 15-10-201(17), C.R.S.

“Equity value” means actual value less encumbrances.

“Exempt income” means any income that is not countable income for the purpose of

eligibility.

"Exempt resource" means any resource with a value that is not countable for the

purpose of determining eligibility.

“Face value” means the value predominantly stamped or printed on the resource

verification (insurance policy, bonds, stocks, etc.) which represents the future potential

worth of the resource, but does not usually represent the true value of the item due to

activities that can reduce or increase the value (loans, dividends, etc.).

“Facility” means the residence of a client where the intent is either to care for or provide

treatment to the client. Facilities include general medical and surgical hospitals, nursing

homes, regional centers, group and host homes, and mental health institutions.

Facilities do not include penal institutions, such as Federal and State prisons or county,

local, municipal jails, and community corrections residential programs.

“Fair Market Value” means the median resale market value of a resource.

“Federal Poverty Guidelines” also called Federal Poverty Level (FPL) means the income

level for a household as set forth in the Federal Register 90 FR 5917 (January 17,

2025) which is hereby incorporated by reference. This rule does not contain any later

amendments or editions. These guidelines are available for no cost at

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“Federal Poverty Guidelines” also called Federal Poverty Level (FPL) means the income

level for a household as set forth in the Federal Register 90 FR 5917 (January 17,

2025) which is hereby incorporated by reference. This rule does not contain any later

amendments or editions. These guidelines are available for no cost at

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https://www.federalregister.gov/documents/2025/01/17/2025-01377/annual-update-of-

the-hhs-poverty-guidelines. These guidelines are also available for public inspection

and copying at the Colorado Department of Human Services, Division of Economic and

Workforce Support, 1575 Sherman Street, Denver, Colorado, 80203, during regular

business hours.

“Fleeing felon” means a person fleeing to avoid prosecution or custody or confinement

after conviction for a felony.

“Fraud” means any person who obtains or any person who willfully aids or abets

another to obtain public assistance as defined in Title 26 of the C.R.S. to which the

person is not entitled or in an amount greater than that to which the person is justly

entitled or payment of any forfeited installment grants or benefits to which the person is

not entitled or in a greater amount than that to which the person is entitled, by means of

a willfully false statement or representation, or by impersonation, or by any other

fraudulent device, as described in Section 26-1-127(1), C.R.S.

“Good cause” means circumstances beyond the control of the client. Good cause

includes, but is not limited to, documented and verifiable medical emergencies or

hospitalization, a client who has a disability or other medical condition(s) requiring

additional time and/or assistance, a delayed appointment with the Social Security

Administration beyond the client's control, or other good cause determined reasonable

by the county department using the prudent person principle

use

includes, but is not limited to, documented and verifiable medical emergencies or

hospitalization, a client who has a disability or other medical condition(s) requiring

additional time and/or assistance, a delayed appointment with the Social Security

Administration beyond the client's control, or other good cause determined reasonable

by the county department using the prudent person principle. The following

circumstances do not constitute good cause: an excessive workload of a party or his or

her representative or attorney; when a party obtains legal representation in an untimely

manner; a party’s failure to either receive or timely receive, a timely mailed initial

decision, or other timely mailed correspondence from the Office of Administrative Courts

and/or the Office of Appeals, or from the county department, when a party has failed to

advise the Office of Administrative Courts, the county department, or the Office of

Appeals of a change of address or failed to provide a correct address; or any other

circumstance which was foreseeable or preventable.

“Grant payment” means the Adult Financial program payment and may also be referred

to as the benefit.

“Grant standard” means the maximum Adult Financial grant payment that can be

provided to a client based on each specific Adult Financial program.

“Health Care Policy and Financing” (HCPF) means the Colorado Department of Health

Care Policy and Financing.

“Homeless” means a person with no permanent living arrangement, i.e., no regular

nighttime or fixed place of residence. He or she is neither a member of a household nor

a resident of an institution. This can mean someone who sleeps in a doorway;

supervised shelter designed for temporary accommodations; a halfway house or similar

facility that provides temporary residence; a place not designed for or ordinarily used as

regular sleeping accommodations for human beings, such as parks, bus stations, etc.;

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of an institution. This can mean someone who sleeps in a doorway;

supervised shelter designed for temporary accommodations; a halfway house or similar

facility that provides temporary residence; a place not designed for or ordinarily used as

regular sleeping accommodations for human beings, such as parks, bus stations, etc.;

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or a person who stays with a succession of friends or relatives and has no permanent

living arrangement.

“IM-14” means the Authorization for Reimbursement of Interim Assistance available at

the county department or found within the statewide automated system.

“IM-19” means the Apportionment Notice available at the county department or found

within the statewide automated system.

“Immediate family” means people with the following relationships to the client: spouse,

minor and adult children, stepchildren, adopted children, parents, adoptive parents, and

the spouses of those persons.

“Income” means any financial gain by means of money payment or in-kind payment.

“In-kind” means something of value received for the benefit of a client, spouse of a

client, or sponsor(s) of a client and is considered either earned or unearned income.

Examples of this are food or shelter that the client received for free or at fair market

value or less.

“Intent” and/or “Intentionally” means a person’s conscious objective is to cause the

specific result, whether or not the result occurred, as described in Section 18-1-501(5),

C.R.S.

“Intentional Program Violation” (IPV) occurs when an individual makes a false or

misleading statement or fails to disclose by misrepresentation or concealment of facts,

or acts in a way that is intended to mislead or conceal any eligibility factor on any

application or other written and/or electronic communication for the purpose of

establishing or maintaining eligibility to:

Receive a grant payment for which the client is not eligible; or,

an individual makes a false or

misleading statement or fails to disclose by misrepresentation or concealment of facts,

or acts in a way that is intended to mislead or conceal any eligibility factor on any

application or other written and/or electronic communication for the purpose of

establishing or maintaining eligibility to:

Receive a grant payment for which the client is not eligible; or,

Increase a grant payment for which the client is not eligible; or,

Prevent a denial, reduction or termination of a grant payment.

“Involuntary transfer” means the loss of a resource due to fraud, theft, financial

exploitation, or legal action such as judgment, foreclosure, or tax sale, provided that the

client can demonstrate that:

Every reasonable effort has been made to recover the property through

court action or other procedures; or,

The client is unable to pursue recovery; or,

Pursuit of lost resources or income would constitute a safety issue.

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“Irregular” (related to income) means income which an individual cannot reasonably

expect to receive on a monthly basis.

“Legal fiduciary” means a person or agency who holds the legal power to act on behalf

of a client and is required to act in the best interest of the client.

“Liable individual” means a person financially responsible for an overpayment including

the client, sponsor(s) of a client, a payee, parents of dependent children, and/or other

persons determined to be financially liable by a court.

“Life Estate” means a legal estate planning procedure in which the client transfers real

property to another individual but retains the right of occupancy and income from the

property during the client's lifetime. The life estate's duration is limited to the life of the

client. The client, during his or her life, retains the use and possession of the property,

the rights to rents and profits, and the costs of maintaining the property

anning procedure in which the client transfers real

property to another individual but retains the right of occupancy and income from the

property during the client's lifetime. The life estate's duration is limited to the life of the

client. The client, during his or her life, retains the use and possession of the property,

the rights to rents and profits, and the costs of maintaining the property. The client

cannot sell or waste the property without the consent of the person(s) to whom the

property was transferred.

“Local service delivery agency” means an agency operating on behalf of the county

department or State Department to determine all or part of a client’s eligibility for Adult

Financial programs.

“Marriage” (for the purpose of these rules) means a marriage as defined in Section 14-

2-104(1), C.R.S., a common law marriage as defined in Section 14-2-104(2), C.R.S.,

and a civil union, as defined in Section 14-15-103(1), C.R.S.

“Material fact” means information that has logical connection to the consequences

and/or the decision being determined and the nature of the information or fact is such

that a reasonable person under the circumstances would attach importance to it in

determining his or her course of action.

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“Medical provider” means a Colorado licensed physician, psychiatrist, licensed

psychologist, licensed clinical social worker, licensed professional counselor, physician

assistant, advanced practice nurse, or registered nurse. The physician may be a

general practitioner or a specialist. A medical provider determining blindness shall be an

ophthalmologist or optometrist licensed in Colorado. A medical provider may be

licensed in a bordering state when the nearest Colorado provider is more than one hour

from the client's home and the provider in the bordering state is closer.

“Non-citizen” means any person who is not a citizen of the United States

eral practitioner or a specialist. A medical provider determining blindness shall be an

ophthalmologist or optometrist licensed in Colorado. A medical provider may be

licensed in a bordering state when the nearest Colorado provider is more than one hour

from the client's home and the provider in the bordering state is closer.

“Non-citizen” means any person who is not a citizen of the United States.

“Non-recipient spouse” means the client's spouse who is not receiving an Adult

Financial grant payment.

“Ownership” means lawful title to, legal right of possession of, or legal interest in a

property.

“Overpayment” means a grant payment was made in excess of the amount a client was

eligible for.

“Payment Floor Standard” means the minimum Adult Financial grant payment that an

eligible Old Age Pension (OAP), Aid to the Needy Disabled-Colorado Supplement

(AND-CS), or Home Care Allowance (HCA) client may receive. The payment floor

standard is updated annually for each program based on the cost-of-living adjustment.

“Periodic payments” means payments that are irregular or a one-time payment.

“Personal Needs Allowance” (PNA) means a payment to a client who is currently in a

facility to cover additional hygiene costs not usually supplied by the provider.

"Personal property” means all tangible items a person owns that are not considered real

property, cash, or a convertible asset.

“Potential income” means a benefit or payment to which the client, spouse of a client, or

sponsor(s) of a client may be entitled and could secure, such as spousal support,

annuities, pensions, retirement or disability benefits, veterans compensation and

pensions, workers' compensation, Social Security retirement or disability benefits,

Supplemental Security Income (SSI) benefits, and unemployment compensation

ncome” means a benefit or payment to which the client, spouse of a client, or

sponsor(s) of a client may be entitled and could secure, such as spousal support,

annuities, pensions, retirement or disability benefits, veterans compensation and

pensions, workers' compensation, Social Security retirement or disability benefits,

Supplemental Security Income (SSI) benefits, and unemployment compensation.

“Potential resource” means a resource to which the client, spouse of a client, or

sponsor(s) of a client has the legal ability to acquire or reacquire rights of ownership,

such as inheritances, real and personal property, cash and convertible assets, and

settlements.

“Preponderance of evidence” means that the evidence must preponderate over, or

outweigh, evidence to the contrary.

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“Prudent Person Principle” means that, based on experience and knowledge of the

program, the county department exercises a degree of discretion, care, judiciousness,

and circumspection, as would a reasonable person, in a given case.

“Qualified non-citizen” also called qualified alien means an individual who is not a citizen

or national of the United States and who was lawfully admitted to the United States by

the United States Citizenship and Immigration Services (USCIS) as an actual or

prospective permanent resident or whose physical presence is known and allowed by

the USCIS. This definition of a qualified non-citizen is consistent with the definition of

‘qualified alien’ in 8 U.S.C. § 1641 and the language, including all notes, in 8 U.S.C. §

1101.

“Questionable” means the information provided is unclear or conflicting or the county

has reason to believe the facts presented are contrary to the information provided by

the client.

“Real property” means houses; land, including land rights such as oil, mineral and water

rights; and outbuildings and other objects affixed to land

C. § 1641 and the language, including all notes, in 8 U.S.C. §

1101.

“Questionable” means the information provided is unclear or conflicting or the county

has reason to believe the facts presented are contrary to the information provided by

the client.

“Real property” means houses; land, including land rights such as oil, mineral and water

rights; and outbuildings and other objects affixed to land.

“Received” (for the purpose of income and resources) means the date on which the

income and/or resource is actually received or legally becomes available for use,

whichever occurs first, whether reported timely by the client or not.

“Received” (as it applies to receipt of verification, documentary evidence, and reported

changes in circumstances) means the date the verification, documentary evidence, and

reported changes were received by the county department.

“Recovery” means the collection of a valid claim to repay grant payments to which a

client was not entitled.

“Redetermination” means a case review/determination of necessary information and

verifications to determine ongoing eligibility and may also be called renewal or

recertification.

"Resources" or “assets” means real property, personal property, and cash or convertible

assets held as of the first day of a calendar month or as of the date of application, less

the value counted as income in the same month.

“Scheduled appointment” or “scheduled interview” means an appointment or interview

set using a State prescribed or State approved appointment notice provided to the

client.

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h or convertible

assets held as of the first day of a calendar month or as of the date of application, less

the value counted as income in the same month.

“Scheduled appointment” or “scheduled interview” means an appointment or interview

set using a State prescribed or State approved appointment notice provided to the

client.

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“Shelter costs” means mortgage payments, property insurance (if required), home

owner association dues, rent, gas, electricity, heating fuel, water, sewer, garbage

collection service, and real property taxes. Telephone, internet and television provider

services are not allowable shelter costs.

“Signature” means handwritten signatures, electronic signature techniques, recorded

telephonic signatures, or documented gestured signatures. A valid handwritten

signature includes a designation of an x.

“Sponsor” means any person(s) who executed an affidavit of support (USCIS form I-864

or I-864A) (October 17, 2024) or another form deemed legally binding by the

Department of Homeland Security on behalf of a non-citizen as a condition of the non-

citizen's date of entry or admission into the United States as a permanent resident.

USCIS forms I-864 and I-864A (October 17, 2024) are hereby incorporated by

reference. This rule does not contain any later amendments or editions. These forms

are available at no cost from https://www.uscis.gov/i-864. These forms are also

available for public inspection and copying at the Colorado Department of Human

Services, Division of Economic and Workforce Support, 1575 Sherman Street, Denver,

Colorado, 80203, during regular business hours.

“SSI benefit standard” means the maximum monthly Federal amount for an SSI

recipient as listed in Federal Regulations found at 20 C.F.R. 416.405-415 (September

2025), which are hereby incorporated by reference. This rule does not contain any later

amendments or editions

ervices, Division of Economic and Workforce Support, 1575 Sherman Street, Denver,

Colorado, 80203, during regular business hours.

“SSI benefit standard” means the maximum monthly Federal amount for an SSI

recipient as listed in Federal Regulations found at 20 C.F.R. 416.405-415 (September

2025), which are hereby incorporated by reference. This rule does not contain any later

amendments or editions. These regulations are available for no cost at

https://www.ecfr.gov/current/title-20/chapter-III/part-416/subpart-D?toc=1. These

regulations are also available for public inspection and copying at the Colorado

Department of Human Services, Division of Economic and Workforce Support, 1575

Sherman Street, Denver, Colorado, 80203, during regular business hours.

“State Department” or “the Department” means the Colorado Department of Human

Services.

“State Supplementary Payment” means the amount that is added to an Old Age

Pension (OAP), Aid to the Needy Disabled-Colorado Supplement (AND-CS), or Home

Care Allowance (HCA) client's benefit if their regular grant payment is less than the

payment floor standard.

“Statewide automated system” means the electronic platform used to calculate public

assistance program benefits and grant payments.

“Termination” means that the client who is currently receiving Adult Financial program

grant payments is no longer eligible and his or her grant payments will be stopped.

“Timely notice” means the county shall generate a notice to the client at least eleven

standard.

“Statewide automated system” means the electronic platform used to calculate public

assistance program benefits and grant payments.

“Termination” means that the client who is currently receiving Adult Financial program

grant payments is no longer eligible and his or her grant payments will be stopped.

“Timely notice” means the county shall generate a notice to the client at least eleven

(11) calendar days prior to the initiation of any decrease, suspension, termination, or

discontinuance in grant payments or services. This shall be sent to his or her last known

address.

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“Traditional verification” means methods of verification that are acceptable at application

and at every twenty-four (24) month redetermination, i.e., verification documents and

collateral contacts.

“Transfer Without Fair Consideration” (TWFC) means a property transaction in which

the proceeds of the transfer, assignment, or sale are less than the actual value of the

resource.

“Twenty-four (24) month redetermination” means a redetermination that requires an

interview and traditional verification methods, and recurs every twenty-four (24) months

after application.

“Unearned income” means any income that is not earned through employment or self-

employment, as described in 3.520.785.

“Unintentional” or “without intent” means an act, or something done or performed that

was not voluntary or intended.

"Value (for cash and convertible assets)" means the current redemption rate, less

encumbrances.

“Value (for real and personal property)” means the actual value of the property less

encumbrances.

“Verification” means confirming statements, application information, and other case

information by obtaining written, audio, or other evidence or information that proves

such fact or statement to be true.

“Verified upon receipt” means information that is provided directly from the primary

source and is not questionable and no additional verification is required

e of the property less

encumbrances.

“Verification” means confirming statements, application information, and other case

information by obtaining written, audio, or other evidence or information that proves

such fact or statement to be true.

“Verified upon receipt” means information that is provided directly from the primary

source and is not questionable and no additional verification is required.

“Willful” means that a person is aware that his or her conduct is practically certain to

cause the result as described in Section 18-1-501(6), C.R.S.

“Willful withholding of information” includes:

Willful misstatement including understatement, overstatement, or

omission, whether verbal or written, made by a client in response to verbal

or written questions from the county department;

Willful failure by a client to report changes in income or other

circumstances which may affect the amount of grant payment; and/or,

Willful failure by the client to report receipt of a grant payment made by the

county department to the client which the client knew represented an

overpayment.

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“Withdraw” or “Withdrawal” means an application is not processed because the client

who submitted the application withdraws his or her request for assistance prior to

eligibility determination, or requests his or her grant payment be discontinued.

3.520 GENERAL REQUIREMENTS, CASE PROCESSING, AND CASE ACTIONS

3.520.1

GENERAL REQUIREMENTS

Information concerning public assistance programs shall be available to all

persons in the community. Available information shall include:

Benefits and programs available;

Eligibility requirements;

Related services;

Rights and responsibilities of clients;

The Property Tax/Rent/Heat Credit (PTC) rebate eligibility information

available through the Colorado Department of Revenue; and,

Earned Income Tax Credit (EITC).

The county department shall:

o all

persons in the community. Available information shall include:

Benefits and programs available;

Eligibility requirements;

Related services;

Rights and responsibilities of clients;

The Property Tax/Rent/Heat Credit (PTC) rebate eligibility information

available through the Colorado Department of Revenue; and,

Earned Income Tax Credit (EITC).

The county department shall:

Receive and date all applications and assist the client to complete the

application and secure documentation when needed;

Provide language translation via an interpreter, as needed;

Inform the client of his or her responsibility to accurately and fully

complete the application and provide documents to substantiate eligibility

factors;

Inform the client that he or she may use friends, relatives, or other persons

to assist in the completion of the application and their right to designate an

authorized representative as described in section 3.510;

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Inform the client, in writing at the time of application, that the county

department shall use the client's Social Security Number (SSN) to obtain

information available through the Income and Eligibility Verification

System (IEVS) to verify income and that such information may be shared

with other assistance programs, other states, the Social Security

Administration, the Department of Labor and Employment, and the Child

Support Services program;

Conduct an evaluation of needs related to the client’s health and well-

being. Based on identified needs, the county worker will refer the client to

other agencies or services available in the community, such as food

banks, Area Agencies on Aging (AAA), Aging And Disability Resources for

Colorado (ADRC), or the Division of Vocational Rehabilitation (DVR);

Refer the client to the other benefits for which he or she may be eligible;

to the client’s health and well-

being. Based on identified needs, the county worker will refer the client to

other agencies or services available in the community, such as food

banks, Area Agencies on Aging (AAA), Aging And Disability Resources for

Colorado (ADRC), or the Division of Vocational Rehabilitation (DVR);

Refer the client to the other benefits for which he or she may be eligible;

Inform the client that he or she may terminate the application process at

any time;

A decision by the client to “withdraw” shall be treated as a denial by the

county department. The client shall be notified of the county department's

action by the State approved Notice of Action form within ELEVEN (11)

calendar days of the action.

Review applications, make necessary collateral contacts or request any

needed verification, and determine eligibility for assistance; and,

10.

Calculate all claims, initiate recoveries, and prepare for and appear at all

appeals.

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The county department shall require a written application, signed under penalty

of perjury, using the State Department's prescribed public assistance application

form. The date of application shall be the first working day the county department

receives a signed application form, indicating the client's desire to receive public

assistance benefits. Incomplete applications shall be denied following the policies

outlined in Section 3.554. For clients who have been committed to a facility by

order of the district or probate court or who have been made a ward of the State,

application for an Adult Financial program shall be completed by the facility's

administration or the client's guardian

client's desire to receive public

assistance benefits. Incomplete applications shall be denied following the policies

outlined in Section 3.554. For clients who have been committed to a facility by

order of the district or probate court or who have been made a ward of the State,

application for an Adult Financial program shall be completed by the facility's

administration or the client's guardian. The application form shall be used as the

primary source of information and to be considered complete, shall contain, at a

minimum the name of the applicant and signature of the applicant, parent, legal

guardian, facility administration or authorized representative and an address for

the applicant which can include general delivery or a county office. If an address

is not provided, another means of contact such as phone number or email

address shall be utilized to obtain an address.

A client who may be partially or totally illiterate can satisfy the signature

requirement by:

Making a mark on the signature line.

The mark shall be witnessed by at least one other individual. The witness

shall provide his or her own signature and address next to the client’s

mark in the signature block.

A county department staff member may act as witness if he or she is not

related to the client.

The client shall be required to answer all applicable questions on the application

form. Any questions not answered in writing on the application shall be asked of

the client during the interview and the client must provide an answer at that time.

The response must be documented on the application or entered into the

statewide automated system.

Clients shall be provided the opportunity to register to vote during initial

application and at each redetermination.

The county department shall adhere to the requirements of the Colorado Address

Confidentiality Program (ACP) as defined in Section 24-30-2101, C.R.S

vide an answer at that time.

The response must be documented on the application or entered into the

statewide automated system.

Clients shall be provided the opportunity to register to vote during initial

application and at each redetermination.

The county department shall adhere to the requirements of the Colorado Address

Confidentiality Program (ACP) as defined in Section 24-30-2101, C.R.S. The

ACP provides survivors of domestic violence, sexual offenses, and/or stalking

with a legal substitute address for creating public records and interacting with all

State and local government agencies.

The client has the right to decide how to use his or her grant payment. The

county department shall not:

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Impose any restriction, either direct or implied, on a client’s use of his or

her grant payment including, but not limited to, requesting a client to

provide receipts or proof of how the money has been spent; or,

Require the client to account for the use of the grant payment, except for

the Electronic Benefits Transfer (EBT) card point of sale limitations listed

in 26-2-104(2), C.R.S.; or,

Give assistance to creditors in the collection of the client’s debts.

Each client of financial assistance provided under Adult Financial programs, shall

receive prior written notice of any agency action affecting his or her eligibility for

or receipt of grant payments.

The client shall be notified in writing of county department approval of:

An application for financial assistance through the Adult Financial

programs;

An increase in the amount of grant payment. To the extent

practicable, notice shall be in his or her primary language and shall

be mailed or delivered within eleven calendar days after the

determination is made. If the client needs assistance in

understanding the action, the action shall be explained verbally.

An application for financial assistance through the Adult Financial

programs;

An increase in the amount of grant payment. To the extent

practicable, notice shall be in his or her primary language and shall

be mailed or delivered within eleven calendar days after the

determination is made. If the client needs assistance in

understanding the action, the action shall be explained verbally.

If the client is dissatisfied with the effective date of eligibility, or the

amount or type of assistance authorized, he or she has the right to

a county conference and/or state level fair hearing.

A client shall be given notice of any action by the county department, or

any person or agency acting on its behalf, which adversely affects the

client’s eligibility for, or right to grant payments authorized under the Adult

Financial programs. Failure to give notice of an adverse action shall be

grounds for setting aside the action on appeal. The notice must meet the

following standards:

The notice must be in writing; and,

It must describe clearly and in plain language the action to be taken

and the reason(s) for the action; and,

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It must refer specifically by number to the Section(s) of the State

Department's rules that require or permit the action being taken, or

cite the specific changes in Federal or State law requiring the

action; and,

It must state the effective date of the proposed action; and,

It must explain the client’s right to request a county conference and

state level fair hearing, the time period for requesting a conference

or hearing, and the steps which must be taken to obtain a

conference or hearing; and,

It must explain the client's right to continued grant payments and

the obligation to repay if it is determined that the client was not

eligible to receive them; and,

It must explain the client’s right to request a county conference and

state level fair hearing, the time period for requesting a conference

or hearing, and the steps which must be taken to obtain a

conference or hearing; and,

It must explain the client's right to continued grant payments and

the obligation to repay if it is determined that the client was not

eligible to receive them; and,

It must inform the client of his or her right to be represented or

assisted by legal counsel, a relative, a friend or a spokesperson of

his or her choosing; and,

To the extent practicable, notice shall be in his or her primary

language. If he or she is illiterate, the action shall also be explained

verbally.

Any negative action taken on the case shall be preceded by a timely

notice period of at least eleven (11) calendar days. The 11 day timely

notice period constitutes the period during which assistance is continued

and no negative action is to be taken during this time unless described in

Section 3.554.

When changes in either State or Federal law require grant payment

adjustments for all persons receiving Adult Financial assistance, adequate

notice shall include:

A statement of the intended action;

The reasons for such action;

The specific change in law requiring such action; and,

The circumstances under which a county conference and/or state

level fair hearing may be obtained and financial assistance

continued. A county conference or state level fair hearing need not

be granted unless the reason for an individual appeal is incorrect

grant computation.

A client who disagrees with a proposed action has the right to:

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s under which a county conference and/or state

level fair hearing may be obtained and financial assistance

continued. A county conference or state level fair hearing need not

be granted unless the reason for an individual appeal is incorrect

grant computation.

A client who disagrees with a proposed action has the right to:

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A county conference that must be requested no later than ninety (90)

calendar days from the date the notice of action is mailed to the client;

A state level fair hearing before an ALJ which can be requested if the

client does not wish to utilize the county conference to resolve the dispute

or is dissatisfied with the outcome of the county conference. The client

must submit a written request for a fair hearing by mail or delivery to the

OAC no later than ninety (90) calendar days from the date the notice of

action is mailed to the client;

Judicial review of the final agency decision in the appropriate State district

court, after exhausting the administrative appeal rights granted under

these rules; and,

Continued grant payments as described in Section 3.554.

Client confidentiality must be treated as follows:

All information obtained by the county department concerning a client of

Adult Financial programs is confidential information.

The county department shall inform county officials and other

persons who have dealings with the department as to the

confidential nature of personally identifiable information, which may

come into their possession through transaction of department

business.

When a county worker consults a bank, current/ former employer of

a client, another social agency, and other similar agencies, to

obtain information or eligibility verification information, the

identification of the county worker as an employee of the county

department can, in itself, disclose that an application for assistance

has been made by a client

through transaction of department

business.

When a county worker consults a bank, current/ former employer of

a client, another social agency, and other similar agencies, to

obtain information or eligibility verification information, the

identification of the county worker as an employee of the county

department can, in itself, disclose that an application for assistance

has been made by a client. In this type of contact, as well as other

community contacts, the department shall maintain confidentiality

whenever possible.

Ensuring privacy while interviewing and the continuous

confidentiality of information is essential. This involves both office

facilities and county worker discretion. Office procedures and

facilities should be such that information is not inadvertently

revealed to persons not concerned with the affairs of a particular

client. The county worker must also use discretion in mentioning

department business outside the office.

General information not identified with any client is not confidential and

may be released for any purpose.

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Information secured by the county department for the purpose of

determining eligibility and need is confidential.

Unless disclosure is specifically permitted by the State Department, the

following types of information are the exclusive property of, and are

restricted to use by, the State and county departments:

Names and addresses of Adult Financial clients, and/or the grant

payment amount;

Information contained in applications, reports of medical

examinations, correspondence, and other information concerning

any person from whom, or about whom, information is obtained by

the county department;

Records of State or county departmental evaluations of the above

information.

All information obtained through the Income and Eligibility

Verification System (IEVS).

payment amount;

Information contained in applications, reports of medical

examinations, correspondence, and other information concerning

any person from whom, or about whom, information is obtained by

the county department;

Records of State or county departmental evaluations of the above

information.

All information obtained through the Income and Eligibility

Verification System (IEVS).

No one outside the State or county department shall have access to

records of the department except for the following individuals: those

executing the Income and Eligibility Verification System (IEVS); Child

Support Services officials; the SSA; Federal and State auditors and

private auditors for the county; and Case Management Agencies (CMA).

These individuals shall have access only for purposes necessary for the

administration of the program.

Client records may be used as exhibits for administrative, civil

and/or criminal proceedings when the proceedings relate directly to

the receipt of Adult Financial programs.

Additional individuals shall have access to the client’s records as

long as the client is notified and his or her prior permission for

release of information is obtained, unless the information is to be

used to verify income or eligibility under administration of the IEVS.

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If the information is needed to provide benefits to a client in an

emergency situation, and the client is physically or mentally

incapacitated to the extent that he or she cannot sign the release

form, and time does not permit obtaining the client’s consent prior

to release of information, the county department must notify the

client within eleven (11) calendar days after supplying the

information. If the applicant or client does not have a telephone or

cannot be personally contacted within eleven (11) days, the county

department must send written notification containing the required

information

and time does not permit obtaining the client’s consent prior

to release of information, the county department must notify the

client within eleven (11) calendar days after supplying the

information. If the applicant or client does not have a telephone or

cannot be personally contacted within eleven (11) days, the county

department must send written notification containing the required

information. The verbal or written notification shall include the name

and address of the agency that requested the information, the

reason the information was requested and a summary of the

information released.

The following individuals shall have access to the records of the

department, excluding IEVS information, if the previously identified

consent or notice conditions are met:

A district attorney upon presentation of a written request

accompanied by evidence that fraud is the reason for the

request.

A county human services board member, as described in

Section 26-1-116, C.R.S.

When a county board member or a district attorney needs

information about a client that is not in the possession of the county

department, the requestor, with the aid of the county department,

may contact the State Department to inquire as to the appropriate

methods of securing it.

The release of records is strictly conditioned upon the information

being used solely for the purpose authorized and the person

requesting the information must certify the use to be made of the

information and that it will not be disclosed or used for any other

purpose.

County departments shall not release information regarding applicants or

clients to law enforcement agencies unless a valid search warrant is

received by the county or State Department, except as provided in Section

3.520.1.J.5.a.

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o be made of the

information and that it will not be disclosed or used for any other

purpose.

County departments shall not release information regarding applicants or

clients to law enforcement agencies unless a valid search warrant is

received by the county or State Department, except as provided in Section

3.520.1.J.5.a.

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Upon request to the State Department by the Colorado Bureau of

Investigation, with the responsibility for location and apprehension of

fleeing felons (i.e., a person with an outstanding felony arrest warrant), the

addresses of a fleeing felon who is a client of Adult Financial programs

shall be released pursuant to Section 26-1-114(3)(A)(III) C.R.S.

The client shall have an opportunity to examine such pertinent records

concerning him or her as constitutes a basis for adverse action and in the

case of a county conference or a state level fair hearing. Other requests

for information by the client shall be honored only when the client makes

the request in person and his or her identity is verified or the request is in

the form of a written and signed statement.

The client may designate an individual, firm, or agency to represent him or

her at conferences and hearings. The client must put the designation of

such representative in writing. The representative shall have access to all

pertinent records.

The client may give a formal written release for disclosure of information to

other agencies, such as hospitals or advocate agencies. If the client is not

present, or the opportunity to agree or object to the use or disclosure

cannot practicably be provided because of the client’s incapacity or an

emergency circumstance, the department may, in the exercise of

professional judgment, determine whether the disclosure is in the best

interests of the client and, if so, disclose only the minimum protected

health information necessary that is directly relevant to the client’s care.

o agree or object to the use or disclosure

cannot practicably be provided because of the client’s incapacity or an

emergency circumstance, the department may, in the exercise of

professional judgment, determine whether the disclosure is in the best

interests of the client and, if so, disclose only the minimum protected

health information necessary that is directly relevant to the client’s care.

10.

Information provided to agencies and/or individuals must be limited to the

specific information required to determine eligibility, conduct ongoing case

management, or otherwise necessary for the administration of the Adult

Financial program. Information obtained through IEVS will be stored and

processed so that no unauthorized personnel can acquire or retrieve the

information. County departments are responsible for limiting IEVS data to

only those individuals requiring access to determine eligibility or otherwise

administer the programs.

All persons with access to information obtained pursuant to the income

and eligibility verification requirements will be advised of the

circumstances under which access is permitted, how data will be utilized,

confidentiality of data, and the sanctions imposed for illegal use or

disclosure of the information.

County departments and contractors are to administer Adult Financial programs

in such a manner that no person will, on the basis of race, color, religion, creed,

national origin, ancestry, sex/gender (including transgender status), pregnancy,

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ata, and the sanctions imposed for illegal use or

disclosure of the information.

County departments and contractors are to administer Adult Financial programs

in such a manner that no person will, on the basis of race, color, religion, creed,

national origin, ancestry, sex/gender (including transgender status), pregnancy,

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age, sexual orientation, gender identity, political affiliation, or physical or mental

disability, or any other protected groups as described in the State Department’s

anti-discrimination policy, be excluded from participation, be denied any aid,

care, or services, or other benefits of, or be otherwise subjected to discrimination

in his or her interactions with Adult Financial programs.

The references to “aid” includes all forms of assistance, including

information and referral services.

The county department shall not, directly or through contractual or other

arrangements, on the basis of race, color, religion, creed, national origin,

ancestry, sex/gender (including transgender status), pregnancy, age,

sexual orientation, gender identity, political affiliation, or physical or mental

disability, or any other protected status:

Provide any aid to an individual that is different, or is provided in a

different manner, from that provided to others;

Subject an individual to segregation barriers or separate treatment

in any manner related to access to or receipt of assistance, care,

services, or other benefits;

Restrict an individual in any way in the enjoyment or any advantage

or privilege enjoyed by others receiving aid provided under Adult

Financial programs;

Treat an individual differently from others in determining whether he

or she satisfies any eligibility or other requirements or conditions

which individuals must meet in order to receive aid, services, care,

or other benefits provided under Adult Financial programs;

any way in the enjoyment or any advantage

or privilege enjoyed by others receiving aid provided under Adult

Financial programs;

Treat an individual differently from others in determining whether he

or she satisfies any eligibility or other requirements or conditions

which individuals must meet in order to receive aid, services, care,

or other benefits provided under Adult Financial programs;

Deny an individual an opportunity to participate in assistance

programs through the provision of services or otherwise, or afford

him or her an opportunity to do so which is different from that

afforded to others under programs of assistance.

Deny an individual the opportunity to participate as a member of a

planning or advisory body that is an integral part of the program.

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No distinction is permitted in relation to the use of physical facilities, intake

and application procedures, caseload assignments, determination of

eligibility, and the amount and type of benefits extended by the county

department to clients.

The county department shall ensure that other non-federal agencies,

persons, contractors and other entities with which it contracts business are

in compliance with the above prohibition against discrimination

requirements on a continuing basis. The county department staff is

responsible for being alert to any discriminatory activity of other agencies

and for notifying the State Department concerning the situation.

The State Department, through its various contacts with agencies,

persons, and referral sources, will be continuously alert to discriminatory

activity and will take appropriate action to ensure compliance with these

prohibitions against discrimination

responsible for being alert to any discriminatory activity of other agencies

and for notifying the State Department concerning the situation.

The State Department, through its various contacts with agencies,

persons, and referral sources, will be continuously alert to discriminatory

activity and will take appropriate action to ensure compliance with these

prohibitions against discrimination. The county department, on notification

by the State Department, will also terminate payments to the offender or

association with any agency, person, or resource being used that has

been found by the State Department or the Colorado Civil Rights Division

to continue discriminatory activity in regard to applicants or clients.

An individual who believes he or she is being discriminated against may

file a complaint with the county department, the State Department, the

Colorado Civil Rights Division, or directly with the Federal government.

When a complaint is filed with the county department, the county director

is responsible for initiating an immediate investigation of the matter and

taking necessary corrective action to eliminate any discriminatory activities

found. If such activities are not found, the individual is given a written

explanation of the outcome. If the person is not satisfied, he or she is

requested to direct his or her complaint, in writing, to the State

Department, Communications Section, which will be responsible for

further investigation and other necessary action.

3.520.2

DOCUMENTATION

The county department shall create a case record upon initial application and

maintain the record while the case is open for assistance. The major purposes of

a case record shall be:

To assist the county department in reaching a valid decision concerning

eligibility and for the amount of grant payment a client is eligible to receive;

To ensure eligibility is based on factual information;

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tion and

maintain the record while the case is open for assistance. The major purposes of

a case record shall be:

To assist the county department in reaching a valid decision concerning

eligibility and for the amount of grant payment a client is eligible to receive;

To ensure eligibility is based on factual information;

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To provide for continuity of assistance when a worker is absent, when a

case is reopened, and when a case is transferred from one county

department to another; and,

To provide accountability for the county department's actions.

The county department shall document all income, resources, and non-financial

eligibility information into the statewide automated system.

The county department shall not omit case information from the statewide

automated system based on the assumption that the information is

unnecessary for eligibility determination.

All case information used to determine eligibility and changes in basic

biographical information shall be updated at the time of redetermination.

The county department shall document all case actions in case comments. This

information shall include actions taken by the county department, the basis of

such actions, and the result or outcome of the action taken on the case and must

also include:

All case decisions related to prudent person principle;

All decisions related to the disposition of claims;

Any atypical interactions with the client;

Actions related to a county conference and/or state level fair hearing;

Cause of untimely processing of the application or redetermination;

Other information that would be critical to document county department

actions and/or would be necessary to justify case decisions during a case

review, audit, appeal, or lawsuit; and,

Information pertaining to eligibility, verifications, and collateral contacts.

d to a county conference and/or state level fair hearing;

Cause of untimely processing of the application or redetermination;

Other information that would be critical to document county department

actions and/or would be necessary to justify case decisions during a case

review, audit, appeal, or lawsuit; and,

Information pertaining to eligibility, verifications, and collateral contacts.

Unless otherwise specified in rule, all forms, packets, notices, and applications,

shall be State-prescribed or State approved.

The county department shall be responsible for securely storing paper and/or

electronic case records and other confidential material to prevent accidental or

intentional disclosure or access by unauthorized persons. If a county department

shares building space with other county offices, case materials shall be stored in

locked files.

Case records are the property of and shall be restricted to use by the State

Department and county department.

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Case files shall be kept for a minimum of three (3) years beyond the year of the

case closure date unless there has been a claim, audit, negotiation, litigation or

other action started before the expiration of the three-year period. In such cases,

the retention period shall initiate at the conclusion of the claim, audit, negotiation,

litigation, or other action.

3.520.3

PROGRAM REVIEW AND OVERSIGHT

The county department shall be subject to the provisions outlined in Section 26-

1-111, C.R.S., requiring the State Department to ensure that the county

department complies with requirements provided by statute, State Board of

Human Services and Executive Director rules, Federal laws and regulations, and

contract and grant terms.

The county department shall be subject to routine quality control and program

monitoring by the State Department, to minimally include:

Targeted review of the statewide automated system documentation;

t the county

department complies with requirements provided by statute, State Board of

Human Services and Executive Director rules, Federal laws and regulations, and

contract and grant terms.

The county department shall be subject to routine quality control and program

monitoring by the State Department, to minimally include:

Targeted review of the statewide automated system documentation;

Review and analysis of data reports generated from the statewide

automated system;

Case file review;

Targeted program review conducted via phone, email, or survey; and,

Onsite program review.

The focus of State Department monitoring shall be to identify:

Compliance with program statutes and rules;

The county department shall provide written responses to the State

regarding action taken to correct areas of non-compliance. The

State Department must approve the action(s) taken.

The county department shall provide to the State a written plan,

including steps and measures, to mitigate the error(s) from

recurring. This plan must be approved by the State Department.

Best practices that can be shared with other county offices;

Training needs; and,

Performance outcomes.

The county department shall be subject to a performance improvement plan to

correct areas of identified non-compliance.

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The county department shall be subject to corrective action and sanction as

outlined in Section 1.100, et seq. (9 C.C.R. 2501-1), General Policies and

Administration, in case of failure to make improvements required under the

performance improvement plan.

County department supervisory personnel and/or quality assurance staff shall

review eligibility determinations (certifications, denials, and/or pending cases)

monthly for the purposes set forth in 3.520.3.C. Supervisory personnel and/or

quality assurance staff shall:

, General Policies and

Administration, in case of failure to make improvements required under the

performance improvement plan.

County department supervisory personnel and/or quality assurance staff shall

review eligibility determinations (certifications, denials, and/or pending cases)

monthly for the purposes set forth in 3.520.3.C. Supervisory personnel and/or

quality assurance staff shall:

Review a minimum number of cases, including specific programs and/or

actions, per month as outlined annually by the State Department based on

the county department’s Adult Financial caseload size. The State

Department will notify the county of the minimum number of cases to be

reviewed via memorandum. The county may elect to:

Create a plan to pull a random sample that includes at least the

minimum number of Adult Financial cases set forth by the State

Department in its memorandum and submit that plan to the State

for approval.

Use the State prescribed random sample.

Determine the correctness of eligibility determinations;

Ensure correction of any errors within ten (10) business days or the time

frame specified within the approved review plan; and,

Maintain a record of the cases reviewed for audit purposes, including audit

results and any required actions taken by the county. County departments

must keep case file reviews for a minimum of three (3) years.

Report these results and actions to the State on a monthly basis via the

State prescribed process.

3.520.4

APPLICATION PROCESSING

The county department shall process applications as expeditiously as possible but no

later than forty-five (45) calendar days following the date the application was filed.

Applications meeting the criteria identified in Section 3.520.1.C, shall be processed as

follows:

Record the date the signed application was received by the county department.

Review the application for completeness for all programs applied for and/or any

programs not applied for but that the client is potentially eligible for.

(45) calendar days following the date the application was filed.

Applications meeting the criteria identified in Section 3.520.1.C, shall be processed as

follows:

Record the date the signed application was received by the county department.

Review the application for completeness for all programs applied for and/or any

programs not applied for but that the client is potentially eligible for.

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Schedule an interview with the client if the interview is not taking place

immediately.

The client shall be offered an in-person interview. If the client does not

elect an in-person interview, the county shall schedule and conduct a

phone interview.

The client shall be provided written notice of the interview at least four (4)

calendar days of the scheduled interview. The client may provide a written

or verbal waiver that written notice of the scheduled interview is not

necessary when the county department is able to conduct the interview

during application processing. Notice shall include:

The date and time for the interview;

Identification of any documentation that may be needed;

The opportunity to reschedule the appointment or make other

arrangements in the event of good cause.

When the client does not keep the interview appointment and does not

request an alternate time or arrangement, as described in this section,

grant payments will be denied.

The interview must be documented and shall include:

An explanation of the various assistance programs available to the

applicant, even if not specifically applied for, and an opportunity to

apply for those additional programs not in the client’s original

application;

An explanation of the eligibility process and the eligibility

requirements;

this section,

grant payments will be denied.

The interview must be documented and shall include:

An explanation of the various assistance programs available to the

applicant, even if not specifically applied for, and an opportunity to

apply for those additional programs not in the client’s original

application;

An explanation of the eligibility process and the eligibility

requirements;

A review of the application with the client to:

Confirm all information on the application;

Answer questions not completed on the application; and,

Provide the client an opportunity to clarify unclear,

inconsistent, inaccurate, or questionable statements.

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For Aid to the Needy Disabled State Only (AND-SO), provide

the client with a medical disability certification form. Provide,

explain and obtain necessary signatures on the

Authorization for Reimbursement of Interim Assistance form

(IM-14), as defined in Section 3.510, and explain the

requirement to apply for Supplemental Security Income

(SSI).

A request for verification of application declarations.

The client has the primary responsibility to provide

information necessary to establish eligibility.

The county department shall assist the client to obtain

verification through collateral contacts, interfaces, or a home

visit.

Discussion of the client's rights and responsibilities that must

include:

The client's responsibility to notify and provide verification to

the county department in writing by the 10th of the month

following the month in which the change occurred of any

change in resources or income or other change in

circumstances which affects eligibility or grant payment

amount.

The client’s right to confidentiality of records and information.

The client's right to non-discrimination provisions, including

the process in Section 3.520.1.K.6, for filing discrimination

complaints.

The client's right to a county conference or state level fair

hearing

any

change in resources or income or other change in

circumstances which affects eligibility or grant payment

amount.

The client’s right to confidentiality of records and information.

The client's right to non-discrimination provisions, including

the process in Section 3.520.1.K.6, for filing discrimination

complaints.

The client's right to a county conference or state level fair

hearing.

The client's right to review and copy his or her case file.

An explanation provided regarding the process of utilizing the EBT

card. This explanation shall include:

Identification of the following establishments in which clients

shall not be allowed to access cash grant payments through

the EBT service from Automated Teller Machines (ATM) and

Point of Sale (POS) devices:

Licensed gaming establishments;

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In-State simulcast facilities;

Tracks for racing;

Commercial bingo facilities;

Stores or establishments in which the principal

business is the sale of firearms;

Retail establishments licensed to sell malt, vinous, or

spirituous liquors;

Establishments licensed to sell medical marijuana or

medical marijuana-infused products, or retail

marijuana or retail marijuana products, effective June

30, 2015;

Establishments that provide adult-oriented

entertainment in which performers disrobe or perform

in an unclothed state for entertainment, effective June

30, 2015.

An explanation that the cash grant payment portion issued

on the EBT card may be suspended with identified misuse

as outlined in Section 3.520.4.C.4.f.

ts, or retail

marijuana or retail marijuana products, effective June

30, 2015;

Establishments that provide adult-oriented

entertainment in which performers disrobe or perform

in an unclothed state for entertainment, effective June

30, 2015.

An explanation that the cash grant payment portion issued

on the EBT card may be suspended with identified misuse

as outlined in Section 3.520.4.C.4.f.

An assessment of other needs the client may have and appropriate

referrals to community resources, including food banks, Area

Agencies on Aging (AAA), Aging and Disability Resources for

Colorado (ADRC), Centers For Independent Living, the Division of

Vocational Rehabilitation (DVR), Low Income Energy Assistance

Program (LEAP), phone assistance, and the Property

Tax/Rent/Heat Credit (PTC) Rebate eligibility information.

An opportunity to register to vote.

County departments shall require no more than one interview per

application.

The county department shall secure signed copies of any other

forms necessary to determine eligibility. If the client refuses to sign

any required forms, the case shall be denied or discontinued

following the policies outlined in Section 3.554.

If the client wishes to apply for Adult Financial benefits while

applying for or already receiving benefits under a different program,

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such as food assistance, the county department may accept the

client’s verbal or written request for Adult Financial benefits and use

the client’s existing application or redetermination for the other

program’s benefits if received within sixty (60) calendar days of the

request; otherwise a new application will be required. The county

department must verify and document any changes that occurred

between the initial application submission or redetermination and

the request for Adult Financial grant payments

ncial benefits and use

the client’s existing application or redetermination for the other

program’s benefits if received within sixty (60) calendar days of the

request; otherwise a new application will be required. The county

department must verify and document any changes that occurred

between the initial application submission or redetermination and

the request for Adult Financial grant payments. A verbal request to

apply for an Adult Financial program shall be documented in the

statewide automated system and the date of the request will secure

the application date for the client.

When the client does not keep a scheduled interview appointment and has

not contacted the county department to reschedule, as specified in this

section, the county department shall deny the application following the

policies outlined in Section 3.554.

If the client makes a request for Adult Financial grant payments

following the county department’s denial of his or her application

based on the client failing to attend the interview appointment, the

following shall occur:

If the client has good cause as outlined in Section 3.510 and

notifies the county department that he or she wishes to

continue his or her application for Adult Financial grant

payments within thirty (30) calendar days of the denial, the

county department shall reschedule the interview and the

initial application date shall be used. During the interview,

the county department must verify and document any

changes that occurred between the initial application

submission and the client’s request to continue the

application process. If the continued application results in a

denial for any reason and the client makes a subsequent

request for Adult Financial grant payments, a new

application shall be required.

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rify and document any

changes that occurred between the initial application

submission and the client’s request to continue the

application process. If the continued application results in a

denial for any reason and the client makes a subsequent

request for Adult Financial grant payments, a new

application shall be required.

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If the client does not have good cause and notifies the

county department that he or she wishes to continue his or

her application for Adult Financial grant payments within

thirty (30) calendar days of the denial, the current application

may be used and the date of application shall be the most

recent date the client requested to continue his or her

application for Adult Financial grant payments. The county

department shall reschedule the interview and must verify

and document any changes that occurred between the initial

application submission and the request to continue that

application. If the request to continue the application results

in a denial for any reason and the client makes a subsequent

request for Adult Financial grant payments, a new

application shall be required.

If the client requests grant payments after thirty (30)

calendar days from the date of the initial denial, he or she

must submit a new application.

Verify statements made by the client on the application and during the interview

using the statewide automated system interfaces described in Section 3.520.5,

gathered from other collateral contacts or requested from the client.

If the client is missing any verification, the county department shall request

additional and/or required verifications from the client. The request shall

include:

A specific list of verifications necessary to determine eligibility;

The due date for when the verifications must be returned, which

shall be eleven (11) calendar days from the date the verification

was requested in writing unless otherwise specified in Section

3.540; and,

e county department shall request

additional and/or required verifications from the client. The request shall

include:

A specific list of verifications necessary to determine eligibility;

The due date for when the verifications must be returned, which

shall be eleven (11) calendar days from the date the verification

was requested in writing unless otherwise specified in Section

3.540; and,

Notification that if the client fails to return the verifications by the

due date, the county department shall process the application

without those verifications, which may lead to a denial of grant

payments.

The client shall be advised that a collateral contact or home visit may be

used to confirm questionable evidence, to investigate potential fraud, or

when documentary evidence is insufficient to make a determination of

eligibility or grant payment amount or cannot otherwise be obtained. If a

collateral contact is needed, the county department shall:

Request the name of an appropriate collateral contact from the

client; or,

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Independently determine an appropriate collateral contact; or,

Substitute a home visit when an appropriate collateral contact

cannot be identified; or,

Deny an application following the policies outlined in Section 3.554

if a collateral contact refuses to provide documentation of essential

verifications and the applicant is unwilling to cooperate in obtaining

such documentation.

The client’s authorization for the collateral contact to release

such information or documentation alone does not constitute

cooperation if the county department requests further

assistance from the client. Documentation of lack of

cooperation must be entered in the case record

documentation of essential

verifications and the applicant is unwilling to cooperate in obtaining

such documentation.

The client’s authorization for the collateral contact to release

such information or documentation alone does not constitute

cooperation if the county department requests further

assistance from the client. Documentation of lack of

cooperation must be entered in the case record.

However, if the client is willing to cooperate, but unable to

obtain the information or documentation from the collateral

contact, the county shall assist him or her in gaining the

information or documentation required to make a

determination of eligibility. If the county is also unable to

obtain the information or documentation, eligibility will be

determined based on the information provided.

Maintain client confidentiality to the greatest extent possible when

using a collateral contact for verification.

Record the date each verification document was received by the county

department office.

Upon receipt of the required verifications, the county department shall

enter verifications into the statewide automated system. Once all

verifications have been entered, the county department shall review the

results, verify accuracy, and determine eligibility. If a client fails to timely

return verifications, the case may be denied following the policies outlined

in Section 3.554.

If the client provides new information regarding a change in

circumstances after he or she was determined ineligible, the

change in circumstances shall be treated as follows:

If the change in circumstances occurred within thirty (30)

calendar days of the denial, the client’s original application

may be used and the date of the application shall be the

date all verifications were received supporting the new

circumstance. The county department shall verify and

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tances shall be treated as follows:

If the change in circumstances occurred within thirty (30)

calendar days of the denial, the client’s original application

may be used and the date of the application shall be the

date all verifications were received supporting the new

circumstance. The county department shall verify and

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document any changes that occurred between the original

application submission and the new request to continue his

or her application. The county department shall enter the

verifications into the statewide automated system, review the

results, verify accuracy, and determine eligibility. If the

client’s request to continue his or her application results in a

denial for any reason and the client makes a subsequent

request for Adult Financial grant payments, a new

application shall be required.

If the client identifies a change in circumstance more than

thirty (30) calendar days from the date of the denial, he or

she must submit a new application.

When the client does not submit the required verifications, and the case is

denied or discontinued:

If a client returns the required verifications within thirty (30)

calendar days of the denial or discontinuation and good cause is

provided for the delayed submission, the county department shall

utilize the current application date and shall enter the verifications

into the statewide automated system. When all verifications have

been entered, the county department shall review the results, verify

accuracy, and determine eligibility. If that request to continue the

application results in a denial for any reason and the client makes a

subsequent request for Adult Financial grant payments, a new

application shall be required.

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When all verifications have

been entered, the county department shall review the results, verify

accuracy, and determine eligibility. If that request to continue the

application results in a denial for any reason and the client makes a

subsequent request for Adult Financial grant payments, a new

application shall be required.

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If the client does not have good cause and returns the required

verifications within thirty (30) calendar days of the denial, that

application may be used and the date of the application shall be the

date all verifications were received. The county department shall

enter the verifications into the statewide automated system. When

all verifications have been entered, the county department shall

review the results, verify accuracy, and determine eligibility. If that

request to continue the application results in a denial for any reason

and the client makes a subsequent request for Adult Financial grant

payments, a new application shall be required.

If the client provides the verifications more than thirty (30) calendar

days from the date of the denial, he or she must submit a new

application.

If a client believes that the value used by the county department for

income or resource calculation was incorrect, the client may request

verbally or in writing to have his or her case reevaluated by the county

within thirty (30) calendar days of the denial. The county department shall

evaluate and request additional documentation if needed. If an incorrect

determination was made, the county department shall correct the case

and grant payments shall be recalculated and issued based on the original

application date.

Delay in processing the application shall not be allowed for any of the

following:

When the client has applied for a Social Security Number and is

awaiting action by the SSA; or,

When the county department is awaiting receipt of information from

the State Verification Exchange System (SVES).

case

and grant payments shall be recalculated and issued based on the original

application date.

Delay in processing the application shall not be allowed for any of the

following:

When the client has applied for a Social Security Number and is

awaiting action by the SSA; or,

When the county department is awaiting receipt of information from

the State Verification Exchange System (SVES).

Provide a notice of action to the client by mail, electronic notification, or in person

using the State Department's prescribed form explaining the eligibility

determination results and the client's appeal rights as outlined in Section 3.586,

et seq.

3.520.5

INTERFACE VERIFICATIONS

Interfaces are acceptable verification sources for the Adult Financial programs.

Appropriate interfaces for verification purposes are described below.

The Income and Eligibility Verification System (IEVS) provides for the exchange

of information on clients with the SSA and the Colorado Department of Labor and

Employment (DOLE). The county department shall query IEVS, using the client's,

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client's spouse's, and client's sponsors' SSNs. Source agency records shall be

matched on a regular basis to identify potential earned and unearned income,

and resources:

The following data shall be considered verified upon receipt:

SSA (Beneficiary and Earnings Data Exchange (BENDEX) and

State Data Exchange (SDX)) Social Security benefits, SSI,

pensions, self-employment income, federal employee earnings;

and,

Unemployment benefits (UIB).

DOLE wage data shall not be considered verified upon receipt.

Additional verification must be obtained to verify wage information.

The county department shall request this information be provided

by the client and/or his or her employer in writing

a Exchange (SDX)) Social Security benefits, SSI,

pensions, self-employment income, federal employee earnings;

and,

Unemployment benefits (UIB).

DOLE wage data shall not be considered verified upon receipt.

Additional verification must be obtained to verify wage information.

The county department shall request this information be provided

by the client and/or his or her employer in writing. This information

must be provided within eleven (11) days following the date of the

county’s request or the case will be discontinued or denied

following the policies outlined in Section 3.554.

The county department shall query DOLE at initial application and

at redetermination.

Prior to approval of grant payments, the county department shall, at a

minimum, verify potential income or unemployment benefits for the client,

client's spouse, and sponsor(s).

The county department shall act on all information received through IEVS

within forty five (45) calendar days of receipt.

The county department shall not delay processing of IEVS beyond forty-

five (45) calendar days on more than twenty (20) percent of the

information targeted for follow-up, if:

The reason that the action cannot be completed within forty-five

(45) calendar days is the nonreceipt of requested third party

verification; and,

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Action is completed promptly, when third party verification is

received or at the next time eligibility is redetermined, whichever is

earlier. If action is completed when eligibility is redetermined and

third party verification has not been received, the county

department shall make its decision based on information provided

by the client and any other information in its possession.

At initial application and at redetermination, a client shall be notified

through a written statement provided on or with the application form that

rlier. If action is completed when eligibility is redetermined and

third party verification has not been received, the county

department shall make its decision based on information provided

by the client and any other information in its possession.

At initial application and at redetermination, a client shall be notified

through a written statement provided on or with the application form that

(1) the information available through IEVS will be requested, and that such

information will be used for determination of eligibility; (2) the information

in IEVS must be verified through sources, such as collateral contacts with

the client, when discrepancies are found by the county department; and,

(3) that the verified information may affect the client’s eligibility and grant

payment amount.

All verification types obtained by a collateral contact to validate or

invalidate any IEVS discrepancy shall be documented;

Case documentation shall be available in the case file or statewide

automated system documenting the action taken on the case within

forty-five (45) calendar days of initial receipt. Case documentation

must include the purpose of the review of the IEVS, the action

taken on the case, and how the county department made the

determination and whether that determination supports the county’s

action on the case.

The State Verification Exchange System (SVES) may be used to verify social

security number, SSA income, and Supplemental Security Income application

status. SVES may also be used to identify potential marital status, potential

resources, and other potential sources of income; additional verification may be

necessary.

The county department shall query the Public Assistance Reporting Information

System (PARIS) at initial application and at redetermination to determine whether

the client is receiving benefits in another state, veterans' benefits, or military

wages or allotments

entify potential marital status, potential

resources, and other potential sources of income; additional verification may be

necessary.

The county department shall query the Public Assistance Reporting Information

System (PARIS) at initial application and at redetermination to determine whether

the client is receiving benefits in another state, veterans' benefits, or military

wages or allotments. This information is not considered verified upon receipt and

additional verification must be obtained to verify the information provided in

PARIS. The county department shall request this information be provided by the

client and/or the other state, veteran’s agency, or military branch in writing.

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For AND only the county department shall query the Systematic Alien Verification

for Entitlements (SAVE) at initial application and at redetermination. Information

obtained through SAVE is considered verified upon receipt. The purpose of the

save query is to:

Determine whether a qualified non-citizen has a sponsor(s); and,

Verify the non-citizen registration number provided by the client and, if the

number and name submitted do not match, refer the client to resolve the

discrepancy, and if unable to resolve, take prompt action to terminate

assistance to the client following the policies outlined in Section 3.554;

and,

Determine the non-citizen's immigration status.

The Colorado Department of Revenue, Division of Motor Vehicles (DMV), may

be used by the county department to verify identity.

3.520.6

NON-FINANCIAL ELIGIBILITY REQUIREMENTS

3.520.61

NON-FINANCIAL ELIGIBILITY REQUIREMENTS

To be eligible for Adult Financial programs, a client shall:

Be eighteen (18) through fifty-nine (59) years of age for AND-SO (unless

diagnosed with blindness, then age zero (0) through 59 years of age); age 0

through 59 years of age for AND-CS; and age sixty (60) years of age or older for

OAP; and,

3.520.6

NON-FINANCIAL ELIGIBILITY REQUIREMENTS

3.520.61

NON-FINANCIAL ELIGIBILITY REQUIREMENTS

To be eligible for Adult Financial programs, a client shall:

Be eighteen (18) through fifty-nine (59) years of age for AND-SO (unless

diagnosed with blindness, then age zero (0) through 59 years of age); age 0

through 59 years of age for AND-CS; and age sixty (60) years of age or older for

OAP; and,

Be a resident of Colorado, except that inmates of a city, municipal, county, State,

or Federal correctional institution, and fleeing felons, shall not be eligible for Adult

Financial programs; and,

For AND only, be a citizen of the United States or be a qualified non-citizen or

legal immigrant as outlined in Sections 3.520.67; and,

For AND only, have a valid SSN, as outlined in Section 3.520.65; and,

For AND only, have a disability, as outlined in Section 3.541; and,

Not be currently receiving or eligible for financial assistance from Colorado

Works, as outlined in Section 3.520.71.F; and,

Apply for and accept all retirement and public assistance benefits for which they

may be eligible, unless good cause is provided as to why such benefits were not

applied for or accepted; and,

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Pursue and accept all other potential income and resources that may be

available, as outlined in Section 3.520.71; and,

Meet all other program eligibility requirements, including income and resource

limits.

3.520.62

AGE REQUIREMENTS

The county department shall verify the client's age by viewing the statewide automated

system interface information or any of the following documents:

Birth certificate;

Valid Colorado State identification or driver's license;

Valid out of state identification or driver's license;

Naturalization, immigration, or passport papers;

Legal documents from vital statistics;

Social Security information (SOLQ, SVES, SDX, and BENDEX);

School records;

statewide automated

system interface information or any of the following documents:

Birth certificate;

Valid Colorado State identification or driver's license;

Valid out of state identification or driver's license;

Naturalization, immigration, or passport papers;

Legal documents from vital statistics;

Social Security information (SOLQ, SVES, SDX, and BENDEX);

School records;

Baptismal certificates or other well documented church records;

Genealogy records or other well documented family records of birth;

Voting records; or,

United States census records.

3.520.63

MARITAL STATUS

The county department shall determine and verify if questionable the client's

marital status as one of the following:

Single, never married;

Married;

Widowed; or,

Divorced or legally separated.

If married, both spouses may apply for and/or receive Adult Financial programs.

Each spouse shall have a separate case.

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If the client is divorced, legally separated or widowed, and this status is

questionable, the client shall provide verification in the form of:

Legal court documents or alternate verification from a vital statistic source

substantiating divorce or legal separation; or,

Death certificate or obituary of the client’s spouse.

Clients who are not legally separated or divorced are considered married.

3.520.64

RESIDENCY REQUIREMENTS

To be eligible for Adult Financial programs, a client shall be a resident of

Colorado.

Residency is established on the first day the client declares him/herself to be a

resident of Colorado.

A person shall not acquire residence while the person has established his

or her permanent place of residence in another state or country.

A person receiving financial assistance from another state shall not be

eligible for Adult Financial programs in Colorado during any month in

which a payment is made by the other state.

t day the client declares him/herself to be a

resident of Colorado.

A person shall not acquire residence while the person has established his

or her permanent place of residence in another state or country.

A person receiving financial assistance from another state shall not be

eligible for Adult Financial programs in Colorado during any month in

which a payment is made by the other state.

The client shall live in the county in which the application is made.

A client who resides in a county but who is homeless or does not have a

fixed mailing address shall be considered eligible for assistance, provided

all other eligibility requirements are met.

Clients who do not have a fixed address may provide a postal box within

their county as their mailing address, or may use the county department

as their mailing address. It shall be the client's responsibility to go to the

postal box or the county department to check for and pick up their mail.

Failure to regularly check for and pick up mail shall not be grounds for

appealing timely notice.

A client who moves out of Colorado or is shown to be a resident of another state

shall not be considered a resident of Colorado. A move or residence in another

state may be established by actions such as:

Purchasing or obtaining a lease of a dwelling unit in another state;

Household effects, equipment, and personal belongings being removed to

another state;

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is shown to be a resident of another state

shall not be considered a resident of Colorado. A move or residence in another

state may be established by actions such as:

Purchasing or obtaining a lease of a dwelling unit in another state;

Household effects, equipment, and personal belongings being removed to

another state;

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Obtaining a driver's license or state-issued identification card in another

state;

Registering to vote in another state;

Applying for or receiving local, state, or Federal assistance in another

state;

Registering vehicles of any type in another state;

Securing a resident hunting or fishing license in another state;

Using an address in another state; or,

Statements or other positive acts indicating that the client has taken up

residence in another state.

A client who is out of State temporarily shall be considered a resident, with the

following exceptions:

A client who leaves the country for a period of thirty (30) or more

consecutive days creates a rebuttable presumption (unless the client

comes forward with enough information to prove otherwise) that the client

shall no longer be considered a resident and shall be ineligible for Adult

Financial programs.

A client who leaves the State for a period of ninety (90) or more

consecutive days creates a rebuttable presumption (unless the client

comes forward with enough information to prove otherwise) that the client

shall no longer be considered a resident and shall be ineligible for Adult

Financial programs. An exception to this is for individuals temporarily out

of the State to receive documented medical treatment.

A client who leaves the State for a period of more than one hundred eighty

a rebuttable presumption (unless the client

comes forward with enough information to prove otherwise) that the client

shall no longer be considered a resident and shall be ineligible for Adult

Financial programs. An exception to this is for individuals temporarily out

of the State to receive documented medical treatment.

A client who leaves the State for a period of more than one hundred eighty

(180) days in any calendar year, even if that time has not been

consecutive time away, creates a rebuttable presumption (unless the

client comes forward with enough information to prove otherwise) that the

client shall no longer be considered a resident and shall be ineligible for

Adult Financial programs.

A client who leaves the State to care for an immediate family member

injured in the line of military duty for a period of one hundred eighty (180)

or more consecutive days creates a rebuttable presumption (unless the

client comes forward with enough information to prove otherwise) that the

client shall no longer be considered a resident and shall be ineligible for

Adult Financial programs.

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When a determination of principal place of residence is difficult to secure due to

conflicting documentation, other sources shall be used to gather verification and

make a decision, such as addresses obtained from voter registrations, tax

returns, Social Security and Medicare, a driver's license, car registrations, or

other statements or documents. The county department shall use the prudent

person principle to weigh the documentation and/or verification and make a

decision regarding residency.

The burden to prove residency shall be on the client. If a client refuses to provide

requested or necessary documentation or information to verify residency, Adult

Financial grant payments shall be denied following the policies outlined in

Section 3.554.

3.520.65

SOCIAL SECURITY NUMBERS (SSN)

son principle to weigh the documentation and/or verification and make a

decision regarding residency.

The burden to prove residency shall be on the client. If a client refuses to provide

requested or necessary documentation or information to verify residency, Adult

Financial grant payments shall be denied following the policies outlined in

Section 3.554.

3.520.65

SOCIAL SECURITY NUMBERS (SSN)

Each Adult Financial program client who has a social security number (SSN) or is

eligible to obtain a SSN shall provide his or her SSN to the county department.

If a client has multiple numbers, all numbers shall be required.

If a client is unable to provide their SSN, the client shall be required to

apply for a SSN at the local Social Security office and provide the county

department with verification of application for an SSN. This requirement

does not apply to OAP clients who are non-citizens or qualified non-

citizens.

When a client is eligible for a SSN, refusal or failure to apply for or provide

their SSN shall result in denial for Adult Financial programs.

Upon proof of application for an SSN, the time required for issuance of the

number or to secure verification of the number shall not be used as a

basis for delaying action on the Adult Financial program application.

The county department shall verify the client's SSN with the SSA in accordance

with procedures established by the State Department for the SVES.

The county department shall accept as verified a SSN that has been

confirmed by the SVES.

When the county department receives notification that an SSN cannot be

verified or is otherwise discrepant (e.g., name or number do not match

SSA records), the county department shall:

Conduct a case record review to confirm that the SSN in the case

record matches the SSN submitted to the SSA for verification.

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the SVES.

When the county department receives notification that an SSN cannot be

verified or is otherwise discrepant (e.g., name or number do not match

SSA records), the county department shall:

Conduct a case record review to confirm that the SSN in the case

record matches the SSN submitted to the SSA for verification.

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If an error occurred in the original submittal (e.g., digits

transposed, incorrect name submitted) the county

department shall correct the error and resubmit the SSN

through SVES for verification.

If no error is identified, the county department shall advise

the client in writing that the SSN could not be verified, and

instruct the client to contact the local Social Security office to

resolve the discrepancy.

Make every effort to assist the client to obtain available documents

required by the SSA.

For clients eligible to receive a SSN, if the client is unable to provide his or

her valid SSN, the application shall be denied or the case terminated

following the policies outlined in Section 3.554.

3.520.66

IDENTITY

In order to verify clients identity, the client shall produce and provide to the county

department:

A valid Colorado driver's license or a Colorado identification card issued pursuant

to Article 2 of Title 42, C.R.S.; or,

A United States military card or military dependent's identification card; or,

A United States Coast Guard Merchant Mariner Card; or,

A Native American tribal document;

Any other document authorized by rules adopted by the Colorado Department of

Revenue pertaining to driver’s licenses and identification cards found at 1 C.C.R.

204-30, Rule 16 (rules for exceptions processing) (August 14, 2025), which is

hereby incorporated by reference. No later editions or amendments are

incorporated

Coast Guard Merchant Mariner Card; or,

A Native American tribal document;

Any other document authorized by rules adopted by the Colorado Department of

Revenue pertaining to driver’s licenses and identification cards found at 1 C.C.R.

204-30, Rule 16 (rules for exceptions processing) (August 14, 2025), which is

hereby incorporated by reference. No later editions or amendments are

incorporated. These rules are available for public inspection at the Colorado

Department of Revenue, 1375 Sherman St., Denver, CO 80261 or for no cost at

https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=3202.

Copies of these rules are available for public inspection and copying at the

Colorado Department of Human Services, Division of Economic and Workforce

Support, 1575 Sherman St., Denver, CO 80203, during regular business hours.

3.520.67

CITIZENSHIP, QUALIFIED NON-CITIZENS, AND NON-CITIZENS

The following are citizens of the United States and are eligible to apply for AND.

Persons born in the United States, Puerto Rico, Guam, Virgin Islands

(U.S.), American Samoa, or Swain's Island;

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Persons who have become citizens through the naturalization process;

Persons born to U.S. citizens outside the United States with appropriate

documentation.

The county department shall verify citizenship for AND when:

The claim of citizenship is inconsistent with statements made by the client

or with other information on the current or previous applications; or,

The claim of citizenship is inconsistent with information received from

another source.

Citizenship may be verified by a birth certificate, possession of a U.S. passport, a

certificate of U.S. citizenship (issued by USCIS), a certificate of naturalization

(issued by USCIS), a certificate of birth abroad of a citizen of the United States

(issued by the Department of State), or Identification Cards for U.S. citizens

(issued by USCIS)

nt with information received from

another source.

Citizenship may be verified by a birth certificate, possession of a U.S. passport, a

certificate of U.S. citizenship (issued by USCIS), a certificate of naturalization

(issued by USCIS), a certificate of birth abroad of a citizen of the United States

(issued by the Department of State), or Identification Cards for U.S. citizens

(issued by USCIS). Documents that are acceptable as verification of citizenship

can be found in the Federal Regulations at 45 C.F.R. 1626.6 (September 2025),

which is hereby incorporated by reference. This rule does not contain later

amendments or editions. These regulations are available at no cost at

https://www.ecfr.gov/current/title-45/subtitle-B/chapter-XVI/part-1626/section-

1626.6. These regulations are also available for public inspection and copying at

the Colorado Department of Human Services, Division of Economic and

Workforce Support, 1575 Sherman Street, Denver, Colorado, 80203, during

regular business hours.

Verification of citizenship by the county department shall not result in

discrimination based on race, religion, ethnic background or national origin, and

groups such as migrant farm workers or Native Americans shall not be targeted

for special verification. The county department shall not rely on a surname,

accent, or appearance that seems foreign to find a claim to citizenship

questionable. Nor shall the county department rely on a lack of English speaking,

reading, or writing ability as grounds to question a claim to citizenship.

Qualified non-citizens who are considered legal immigrants by USCIS are eligible

to apply for Adult Financial programs and all non-citizens are eligible to apply for

OAP.

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stionable. Nor shall the county department rely on a lack of English speaking,

reading, or writing ability as grounds to question a claim to citizenship.

Qualified non-citizens who are considered legal immigrants by USCIS are eligible

to apply for Adult Financial programs and all non-citizens are eligible to apply for

OAP.

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Qualified non-citizens applying for AND shall present documentation from USCIS

showing the client's non-citizen status. All documents shall be verified through

SAVE (Systematic Alien Verification for Entitlements) to determine the validity of

the document.

The following non-citizens and temporary residents shall not be eligible for AND.

A non-citizen with no status verification (undocumented) from the USCIS;

A non-citizen granted a specific voluntary departure date;

A non-citizen without a current qualified status, regardless of application

status; or,

A citizen of foreign nations residing temporarily in the United States on the

basis of a visa issued to permit employment, education, or a visit.

3.520.68

FIVE YEAR BAR FROM ELIGIBILITY

Qualified non-citizens arriving in the U.S. on or after August 22, 1996, are barred

from receiving AND for five years beginning on the qualified non-citizen's date of

admission into the United States for legal permanent residence, as verified

through SAVE.

3.520.69 SPONSORSHIP OF QUALIFIED NON-CITIZENS

This section shall apply to qualified non-citizens who entered the country on or after

August 22, 1996.

If a client is a sponsored qualified non-citizen, he or she shall be responsible for

the provision of any information and documentation related to the sponsor(s) and

shall obtain cooperation from the sponsor(s) necessary to determine:

The identity and current address and contact information of the

sponsor(s);

The relationship of the sponsor(s) to the qualified non-citizen;

ust 22, 1996.

If a client is a sponsored qualified non-citizen, he or she shall be responsible for

the provision of any information and documentation related to the sponsor(s) and

shall obtain cooperation from the sponsor(s) necessary to determine:

The identity and current address and contact information of the

sponsor(s);

The relationship of the sponsor(s) to the qualified non-citizen;

Income and resources of the sponsor(s), which may be deemed available

to the qualified non-citizen or recovered for repayment of grant payments

paid to or on behalf of the qualified non-citizen.

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It shall be presumed that an affidavit of support demonstrates the sponsor's

ability to make income and resources available to a non-citizen whom he or she

sponsors at a minimum of one hundred twenty-five percent (125%) of the Federal

Poverty Guidelines, as defined in 3.510. Sponsors are expected to meet their

financial commitments to the qualified non-citizen whom they sponsor and for

whom they signed an affidavit of support until such time as the:

Qualified non-citizen has obtained U.S. citizenship;

Qualified non-citizen has worked, or can be credited with forty (40)

qualifying quarters of coverage under Title II of the Federal Social Security

Act, 42 U.S.C. Section 413 (2018);

Qualified non-citizen leaves the United States and gives up lawful

permanent resident status;

Qualified non-citizen dies;

Sponsor of the qualified non-citizen dies. The death of one sponsor does

not terminate the support obligation of a joint sponsor. The sponsor's

estate shall be required to repay public benefits; or

Qualified non-citizen becomes subject to removal proceedings, but he or

she applies for and obtains a new grant of admission status in those

proceedings based on a new affidavit of support, if one is required.

Income and resources of the sponsor(s) shall be deemed to the client, as follows:

t obligation of a joint sponsor. The sponsor's

estate shall be required to repay public benefits; or

Qualified non-citizen becomes subject to removal proceedings, but he or

she applies for and obtains a new grant of admission status in those

proceedings based on a new affidavit of support, if one is required.

Income and resources of the sponsor(s) shall be deemed to the client, as follows:

Sponsor deeming shall not apply to qualified non-citizens admitted as

refugees or as political asylees. A non-citizen whose status as a political

asylee or refugee has not yet been determined or finalized because his or

her application to become a qualified noncitizen is in a pending status or

for some other reason shall not be considered a qualified non-citizen

admitted as a political asylee or refugee, and therefore, such non-citizen is

not eligible to receive grant payments.

Sponsors who signed sponsorship agreements prior to December 19,

1997, shall not be subject to resource and income deeming.

Effective December 19, 1997 through December 31, 2013, sponsor

deeming shall apply only to the qualified non-citizen's spouse and/or non-

relative sponsor(s) identified in sponsorship agreements signed on or after

December 19, 1997.

A relative is defined as any relation by blood, adoption, or marriage.

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Kinship relations by marriage continue to exist even if the marriage

is terminated by death or divorce.

Effective January 1, 2014, sponsor deeming shall apply to all of the

qualified non-citizen's sponsors identified in sponsorship agreements

signed on or after December 19, 1997, no matter the sponsor's

relationship to the client.

Because the sponsor, not the non-citizen, is solely liable for repayment,

the sponsor cannot use the sponsored non-citizen's grant payments to

repay the payments.

Effective January 1, 2014, sponsor deeming shall apply to all of the

qualified non-citizen's sponsors identified in sponsorship agreements

signed on or after December 19, 1997, no matter the sponsor's

relationship to the client.

Because the sponsor, not the non-citizen, is solely liable for repayment,

the sponsor cannot use the sponsored non-citizen's grant payments to

repay the payments.

If the qualified non-citizen fails to provide information related to the sponsor(s),

as outlined in Section 3.520.69.A, assistance shall be denied or discontinued

following the policies outlined in Section 3.554.

If it is determined that the client received Adult Financial program grant payments

because the client failed to provide necessary information related to the

sponsor(s) or the sponsor(s) failed to cooperate with the county department in

determining income and resources that are required to be deemed to the client,

the county department shall recover such funds, as outlined in Section

3.520.69.C.

Income and resources shall be deemed as outlined in Sections 3.534,

3.520.69.B, and 3.520.72.

3.520.7

FINANCIAL ELIGIBILITY REQUIREMENTS

3.520.71

FINANCIAL ELIGIBILITY REQUIREMENTS

To receive Adult Financial program assistance, the client shall meet all financial

requirements in addition to all other program eligibility requirements. The client

shall:

Have countable resources below the resource limit as outlined in Section

3.520.72; and,

Have income below the income limit, as outlined in Section 3.520.78; and,

Make reasonable attempts to pursue all available potential income and

resources at the client's disposal.

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rogram eligibility requirements. The client

shall:

Have countable resources below the resource limit as outlined in Section

3.520.72; and,

Have income below the income limit, as outlined in Section 3.520.78; and,

Make reasonable attempts to pursue all available potential income and

resources at the client's disposal.

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The AND-SO client shall apply for Supplemental Security Income (SSI) benefits.

If the client has work hours during his or her lifetime, the client shall also apply for

Social Security Disability Insurance (SSDI). The client shall report any denial for

SSI benefits. The client shall appeal all negative decisions regarding their SSI

eligibility. Failure to appeal all negative decisions within thirty (30) calendar days

of such decision, unless additional time is given for good cause, shall result in

denial or discontinuation of and grant payments.

If the client is approved for SSI and SSDI benefits at the same time and is given

the choice between the two (2) benefit options, he or she must contact the county

department to determine if any interim assistance he or she received from the

county is required to be repaid. If repayment is required, the client shall be

advised that he or she must accept the SSI benefits and that if he or she

voluntarily withdraws his or her SSI application, withdrawal would violate the

Authorization for Reimbursement of Interim Assistance, as outlined in Section

3.545.

For OAP, the client shall apply for and accept Social Security and/or SSI benefits

if determined eligible, as follows:

Clients sixty (60) years of age and older who report a disability may be

eligible for SSI or SSDI.

Clients sixty (60) years of age and older may be eligible for Social Security

survivor benefits.

zation for Reimbursement of Interim Assistance, as outlined in Section

3.545.

For OAP, the client shall apply for and accept Social Security and/or SSI benefits

if determined eligible, as follows:

Clients sixty (60) years of age and older who report a disability may be

eligible for SSI or SSDI.

Clients sixty (60) years of age and older may be eligible for Social Security

survivor benefits.

Clients sixty-two (62) years of age and older may be eligible for early

Social Security retirement benefits; otherwise the client shall provide

documentation from the SSA that he or she is ineligible due to insufficient

work hours.

Clients sixty-five (65) years of age and older may be eligible for SSI

benefits when the client's income from any source is less than the SSI

benefit standard, as defined in Section 3.510, plus $20.00.

For all Adult Financial programs other than AND-SO, clients referred to the SSA

to apply for any SSA related benefit shall be required to provide verification of

application for such benefits within eleven (11) calendar days of his or her

application for SSA benefits.

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For AND-SO, clients referred to the SSA to apply for any SSA related benefit

shall be required to provide verification of application for such benefits within

sixty (60) calendar days from the initial interview date with the county

department. The client will have up to sixty days of conditional approval from the

date of the initial interview with the county department for AND-SO. Subsequent

applications for AND-SO submitted by the client shall not be approved prior to

receipt of proof of application for SSA benefits. Subsequent applications for AND-

SO require verification of application for SSA benefits within thirty (30) calendar

days.

For OAP, if the client has or is eligible to obtain a SSN they shall apply for SSI,

unless the client is a non-citizen or qualified non-citizen that does not qualify to

receive a SSN

the client shall not be approved prior to

receipt of proof of application for SSA benefits. Subsequent applications for AND-

SO require verification of application for SSA benefits within thirty (30) calendar

days.

For OAP, if the client has or is eligible to obtain a SSN they shall apply for SSI,

unless the client is a non-citizen or qualified non-citizen that does not qualify to

receive a SSN. A client with a SSN and shall timely schedule and complete any

and all scheduled interviews with the SSA, and in the event of a denial by SSA,

the OAP client shall continue to appeal all negative decisions from the SSA until

a final resolution is reached and no further right to appeal exists. However, the

requirement to continue to appeal all negative decisions may be excused if any

of the following apply:

The client's and the client's spouse's gross income exceeds the maximum

allowed for SSI for an individual or a couple; or,

The client's and the client's spouse's total resources exceed that allowed

for SSI for an individual or a couple; or,

The client is not disabled as defined in Section 3.541; or,

As otherwise directed by the SSA; or,

Good cause exists as defined in Section 3.510.

Clients newly approved for SSI benefits who have been charged an in-kind

support and maintenance (ISM) deduction by the SSA shall apply to SSA to

remove the ISM as soon as the client begins paying his or her fair share for

shelter costs. The county department shall deduct an identical ISM amount for

Adult Financial programs until the SSA ISM is removed.

The client shall apply for and accept TANF/Colorado Works when he or she

might be eligible, as follows:

An Adult Financial program client with a dependent child is required to

apply for and accept, if eligible, TANF/Colorado Works financial benefits.

A grandparent or any other specified caretaker who is not a parent

is not required to be a member of the TANF/Colorado Works case

when they are not requesting assistance for himself or herself.

o Works when he or she

might be eligible, as follows:

An Adult Financial program client with a dependent child is required to

apply for and accept, if eligible, TANF/Colorado Works financial benefits.

A grandparent or any other specified caretaker who is not a parent

is not required to be a member of the TANF/Colorado Works case

when they are not requesting assistance for himself or herself.

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A TANF/Colorado Works client is not required to apply for an

extension to be potentially eligible for Adult Financial program grant

payments.

The TANF/Colorado Works funds received for the support of a child

are not used in determining the specified caretaker's eligibility for

Adult Financial program grant payments.

The client shall be ineligible for Adult Financial program grant payments if

his or her TANF/Colorado Works case was denied or discontinued:

Due to a sanction, demonstrable evidence, or disqualification; or,

Because the client withdrew from the program prior to exhausting

all benefits.

After becoming ineligible due to the reasons outlined in Section

3.520.71.f.2, above, the ineligibility period shall continue until the

sanction, demonstrable evidence, or disqualification is removed; or

until the client is found otherwise ineligible for TANF/Colorado

Works benefits.

The client or legal fiduciary shall take reasonable steps to apply for and accept

any other income for which the client is eligible. Clients referred to pursue other

income shall be required to provide verification of application for or pursuit of

such income. Grant payments shall not be approved prior to receipt of proof of

application or pursuit of other income, unless it is demonstrated that good cause

exists.

l fiduciary shall take reasonable steps to apply for and accept

any other income for which the client is eligible. Clients referred to pursue other

income shall be required to provide verification of application for or pursuit of

such income. Grant payments shall not be approved prior to receipt of proof of

application or pursuit of other income, unless it is demonstrated that good cause

exists.

If the client or legal fiduciary refuses or fails to make a reasonable effort to

secure potential income, such income shall be considered as if available

to the client, and timely notice shall be given regarding a proposed action

to deny, reduce, or terminate assistance.

If the client or legal fiduciary secures the potential income prior to the

effective action date identified in the notice, the proposed action to deny,

reduce, or terminate assistance shall be withdrawn by the county, and the

case shall be updated. Grant payments may still be denied, reduced, or

discontinued due to a change in income.

The client or legal fiduciary shall take reasonable steps to obtain and accept any

other potential resources for which the client is eligible. Clients referred to pursue

other resources shall be required to provide verification of the pursuit of such

resource. Grant payments shall not be approved prior to verification of the

attempt to sell, liquidate, or legally acquire a resource, unless the client

demonstrates that good cause exists.

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which the client is eligible. Clients referred to pursue

other resources shall be required to provide verification of the pursuit of such

resource. Grant payments shall not be approved prior to verification of the

attempt to sell, liquidate, or legally acquire a resource, unless the client

demonstrates that good cause exists.

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If the client or legal fiduciary refuses or fails to make a reasonable effort to

secure potential resource(s), such resource(s) shall be considered as if

available to the client, and timely notice shall be given regarding a

proposed action to deny, reduce, or terminate assistance.

If the client or legal fiduciary secures the potential resource(s) prior to the

effective action date identified in the notice, the proposed action to deny,

reduce, or terminate assistance shall be withdrawn by the county, and the

case shall be updated. Grant payments may still be denied, reduced, or

discontinued due to a change in resource(s).

3.520.72

RESOURCES

Unless otherwise specified, a resource is countable, and together with all other

countable resources of the client, spouse, and sponsor(s) shall be considered

against the resource limit. The resource limit is:

$2,000 for:

An unmarried client;

An unmarried sponsor; and,

A married sponsor whose spouse is a co-sponsor. Each sponsor

shall receive the $2,000 resource limit for a combined resource limit

of $4,000.

$3,000 for:

A married client; or,

A married sponsor whose spouse is not a co-sponsor.

Countable resources include, but are not limited to:

Equity value of real property that is not used as the primary home or not

exempt as income-producing.

Proceeds from the sale of the primary home that are in excess of the cost

of expenses incurred to purchase or build a replacement home.

00.

$3,000 for:

A married client; or,

A married sponsor whose spouse is not a co-sponsor.

Countable resources include, but are not limited to:

Equity value of real property that is not used as the primary home or not

exempt as income-producing.

Proceeds from the sale of the primary home that are in excess of the cost

of expenses incurred to purchase or build a replacement home.

Personal property or the proceeds from the sale of personal property,

such as mobile homes or recreational vehicles not used as the primary

home and not exempt as income producing.

Personal property or the proceeds from the sale of personal property,

such as motor vehicles, recreational off road vehicles, boats, trailers, or

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similar that are not exempt per Section 3.520.77 or exempt as income

producing.

Cash and convertible assets including but not limited to: cash on hand, a

savings or checking account, other accessible electronic currency and/or

cryptocurrency, stocks, bonds, mutual fund shares, 401Ks, 457Ks, IRAs,

Certificates of Deposit (CDs), PERA accounts, gold/silver, pensions, and

other retirement or investment accounts and investment vehicles.

Mortgages, promissory notes, and similar properties that can be converted

to cash.

Cash surrender value of all life insurance policies as outlined in Section

3.520.75.

Prepaid revocable funeral or burial expense contracts or trust deposits, as

outlined in Section 3.520.77.G-H.

The value of the burial space in excess of that required to meet the burial

needs of the immediate family, as outlined in Section 3.520.77.I.

10.

Proceeds of fire or casualty insurance payments that were in excess of the

expenses incurred to repair or replace the damaged, lost, or stolen

property.

11.

Proceeds of a loan when those proceeds were not expended to meet the

purpose of the loan or proceeds of a loan with no bona fide debt

repayment schedule.

meet the burial

needs of the immediate family, as outlined in Section 3.520.77.I.

10.

Proceeds of fire or casualty insurance payments that were in excess of the

expenses incurred to repair or replace the damaged, lost, or stolen

property.

11.

Proceeds of a loan when those proceeds were not expended to meet the

purpose of the loan or proceeds of a loan with no bona fide debt

repayment schedule.

12.

The estate and all resources identified in the estate inventory for a client

adjudicated incapacitated by a court.

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13.

Trusts, both revocable and irrevocable, will be countable as resources or

income according to the guidelines of SSA, except as prohibited by

Sections 15-14-412.5 through 15-14-412.9, C.R.S. (2025) and is

consistent with the provisions of Federal Guidelines found in the SSA

Programs Operations Manual System (POMS) at SI CHI01120.201

(October 26, 2022) and SI 01120.200 (May 6, 2024), which are hereby

incorporated by reference. This rule does not contain any later

amendments or editions. These guidelines are available for no cost at

https://secure.ssa.gov/poms.NSF/lnx/0501120201CHI and

https://secure.ssa.gov/apps10/poms.nsf/lnx/0501120200. These

guidelines are also available for public inspection and copying at the

Colorado Department of Human Services, Division of Economic and

Workforce Support, 1575 Sherman Street, Denver, Colorado, 80203,

during regular business hours.

When all or a portion of the corpus of a trust, cannot be paid to or

for the benefit of the client, the portion that cannot be paid is

considered a transfer of resources for less than fair market value

and a penalty shall be assessed as outlined in Section 3.520.76.D.

Refusal of a trustee to make payments to or for the benefit of the

client does not exempt the trust from being a countable asset and

the full amount of the trust shall be considered available as a

resource to the client.

ient, the portion that cannot be paid is

considered a transfer of resources for less than fair market value

and a penalty shall be assessed as outlined in Section 3.520.76.D.

Refusal of a trustee to make payments to or for the benefit of the

client does not exempt the trust from being a countable asset and

the full amount of the trust shall be considered available as a

resource to the client.

If a client places an exempt resource in a trust the resource

exemption may still apply to that resource.

If it is determined that a married couple is legally separated as identified in

Section 3.520.63, sole ownership of property by the non-recipient spouse does

not affect the client's eligibility for assistance.

The county department shall obtain verification of all resources and associated

values.

The county department shall include case notes describing verification

documentation in the statewide automated system.

Original copies of verification documents shall be returned to the client.

The client's authorization on the application or redetermination form shall

be obtained to contact a collateral contact for valuation information or

verification.

After resources have been verified at application, client statement is

acceptable until each twenty-four (24) redetermination. Resources must

be reverified by traditional verification methods at every twenty-four (24)

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mination form shall

be obtained to contact a collateral contact for valuation information or

verification.

After resources have been verified at application, client statement is

acceptable until each twenty-four (24) redetermination. Resources must

be reverified by traditional verification methods at every twenty-four (24)

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month redetermination. All new resources must be verified by traditional

verification methods when reported.

Client statement is acceptable as verification for cash.

A sponsor(s)'s resources are only counted toward the non-citizen client they

sponsor. Resources are attributed to the sponsor in the same manner as the

non-citizen client, as outlined in Section 3.520.7. All countable resources over the

sponsor(s) resource limit, as outlined in Section 3.520.72.A, are then deemed to

the non-citizen client. The deemed amount from the client’s sponsor(s) is then

added to the non-citizen client’s countable resources and compared to the non-

citizen client’s resource limit, as outlined in Section 3.520.72.A.

If a client is approved for Supplemental Security Income (SSI) as verified through

the SVES interface, there shall be no additional requirement to verify resources

at application, unless the resources reported are questionable.

If the county department has obtained or received information related to

resources that is contrary to the SVES interface, the county department

shall independently verify the information; and,

The county department shall forward such contrary information to the local

SSA office.

3.520.73

CASH AND CONVERTIBLE ASSETS

Checking and savings accounts or other accessible electronic deposits:

The current amount in a savings or checking account or other accessible

electronic deposits is determined by verifying ownership and the available

balance:

From a copy of a current statement of the account; or,

With the financial institution online, by phone, or in writing.

ce.

3.520.73

CASH AND CONVERTIBLE ASSETS

Checking and savings accounts or other accessible electronic deposits:

The current amount in a savings or checking account or other accessible

electronic deposits is determined by verifying ownership and the available

balance:

From a copy of a current statement of the account; or,

With the financial institution online, by phone, or in writing.

The balance in a joint account shall be considered available to the client in

proportion to the number of persons on the account.

If the co-owner of the joint account is the client's legal fiduciary,

such as a guardian, conservator, or power of attorney, the account

shall be considered to be 100% owned by the client and all funds in

the account shall be considered available to the client.

If the client establishes by a preponderance of evidence that the

intent of ownership is other than the client's equal and proportionate

share of the account balance, the county department shall apply

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the prudent person principle to the evidence to determine the

amount to be considered available to the client.

In cases where the client has no interest in the account, the county

department shall request a change in the account designation

removing the client's name, and submit the original and revised

account records showing the change was made.

Convertible assets

The value of a retirement or pension account is determined as follows:

The gross value of the account, less any taxes due, is the amount

that is countable as a resource, regardless of whether the client,

spouse of the client, or sponsor(s) of the client is receiving any

monthly income from the account.

If the client is not able to provide the amount of taxes that are due,

the value shall be determined by deducting 20% from the gross

value of the account.

ows:

The gross value of the account, less any taxes due, is the amount

that is countable as a resource, regardless of whether the client,

spouse of the client, or sponsor(s) of the client is receiving any

monthly income from the account.

If the client is not able to provide the amount of taxes that are due,

the value shall be determined by deducting 20% from the gross

value of the account.

The fair market value of stocks, mutual fund shares, municipal, corporate

or government bonds, and other securities is based on the price as of the

opening of the market on the date their value is determined by the county

department. The market price is obtained from the published quotations

on the internet or by contacting a local securities firm.

The value of stocks traded over-the-counter is expressed on a “bid”

and “asked” basis. In such cases, the bid price is used to determine

the market value.

When stocks or other securities have no locally determinable value,

the market value is requested from the issuing company. The office

of the Secretary of State in each state will supply the address of the

issuing company and information as to whether the stock is still on

the market.

The current cash value of U.S. savings bonds, treasury notes, and similar

investment vehicles is determined from the value tables appearing on the

bonds themselves, through the online treasury direct system, or by

contacting a financial institution.

The equity value of mining claims and oil, mineral or water rights, if

assessed separately from land, is determined by using the equity value

established by the current market value.

A county department may selectively contact one or more financial institutions to

establish whether a client has any account at the institution or has an account in

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ing claims and oil, mineral or water rights, if

assessed separately from land, is determined by using the equity value

established by the current market value.

A county department may selectively contact one or more financial institutions to

establish whether a client has any account at the institution or has an account in

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addition to one declared. The client's signature on the application provides

authorization to make such contacts.

3.520.74

REAL PROPERTY AND PERSONAL PROPERTY

3.520.741

REAL PROPERTY

The value of the home in which the client and their spouse have ownership

interest and that serves as the client’s primary place of residence is exempt as

described in 3.520.77.C. Client statement is acceptable as verification of the

value of the client’s primary residence.

In order for real property to be considered a resource, the following shall be

determined:

The actual value less encumbrances of the ownership interest:

Actual value of real property may be obtained by using the actual

value reported by a county assessor or from the most recent

property assessment notice.

The assessed value shall be verified from a copy of the most recent

property assessment notice or with the county assessor's office on

the Internet, by phone, personal contact, or in writing.

Encumbrances include mortgages, liens, judgments, delinquent

taxes, loan agreements, and other forms of indebtedness.

Encumbrances shall be verified by such methods as collateral

contact, county recorder records, bank records, and other credible

sources. Only direct and documented encumbrances against a

specific item or property shall be considered in determining its

equity value. Verbal agreements of indebtedness shall not be

accepted.

The negotiability of the ownership interest (that is, there are no legal

restrictions from selling the client's property interest); and,

tact, county recorder records, bank records, and other credible

sources. Only direct and documented encumbrances against a

specific item or property shall be considered in determining its

equity value. Verbal agreements of indebtedness shall not be

accepted.

The negotiability of the ownership interest (that is, there are no legal

restrictions from selling the client's property interest); and,

The ability to sell the property interest (that is, that the ownership interest

can, in fact, be sold on the open market at any price).

The degree of the ownership interest is determined by the type of ownership.

Generally, the types of ownership are:

Sole ownership, in which the client, the client’s spouse, or sponsor(s) is

the only owner. if the client, spouse, or sponsor(s) has the right to dispose

of the property, the actual value less encumbrances of the property is

determined and counted as a resource;

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Shared ownership, in which the property is owned by the client, spouse, or

sponsor(s) and one or more individuals. The actual value less

encumbrances is determined and charged in proportion to the client,

client’s spouse, or sponsor(s)’s share of ownership. There are two kinds of

shared ownership:

Joint ownership or ownership in common, in which the property's

actual value less encumbrances is divided equally among the

owners; and,

Tenancy in common, in which the property's actual value less

encumbrances is divided by the number of owners in proportion to

their stated interest (which may not necessarily be equal).

Negotiability and, if applicable, the ability to sell the property interest at a

reasonable price must be determined. Negotiability refers to the client, client’s

spouse, or sponsor(s)’s legal right to dispose of an ownership interest; ability to

sell refers to the client, client’s spouse, or sponsor(s) legal ability to sell.

Reasonable price is determined to be two-thirds of the actual value.

Negotiability and, if applicable, the ability to sell the property interest at a

reasonable price must be determined. Negotiability refers to the client, client’s

spouse, or sponsor(s)’s legal right to dispose of an ownership interest; ability to

sell refers to the client, client’s spouse, or sponsor(s) legal ability to sell.

Reasonable price is determined to be two-thirds of the actual value.

Negotiability - there may be legal reasons why a client, client’s spouse, or

sponsor(s) may not be able to sell the property interest, such as when the

estate is in probate or there is a lawsuit pending against the property. The

refusal of co-owners to consent to the sale of a property interest is not a

legal restriction of the client, client’s spouse, or sponsor(s)’s right to sell.

If the co-owner of the property uses the property as the principal place of

residence and sale of the property would cause undue hardship, the client,

client’s spouse, or sponsor(s)’s equity in the property shall be exempted,

unless the co-owner is the spouse or sponsor(s). Undue hardship for this

purpose is defined as:

The co-owner uses the property as his or her primary residence;

and,

The co-owner would have to move as a result of the sale of the

property; and,

The co-owner has no other available housing, including relatives or

income to rent at fair market value; and,

The co-owner documents, in writing, his or her undue hardship

allegations; and,

Using prudent person principle, the county department determines

the undue hardship allegations to be reasonable.

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property; and,

The co-owner has no other available housing, including relatives or

income to rent at fair market value; and,

The co-owner documents, in writing, his or her undue hardship

allegations; and,

Using prudent person principle, the county department determines

the undue hardship allegations to be reasonable.

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If the client, client’s spouse or sponsor(s) cannot sell the property for two-

thirds of the actual value, the property shall be exempted provided there

continues to be reasonable efforts to sell the property such as listing the

property with an agency or by advertising in the local media.

The county department shall verify on a quarterly basis that a

reasonable effort is being made to sell the property.

The property shall not be exempted if the county department, using

prudent person principle, determines the client, client’s spouse, or

sponsor(s) is not making a reasonable effort to sell.

If the client, client’s spouse, or sponsor(s) rejects an offer to

purchase the property that is at least two-thirds the actual value of

the property, the entire equity value of the property shall be

considered a countable resource.

If the property interest cannot be disposed of because of legal

technicalities, the client, client’s spouse, or sponsor(s)’s equity value is not

a countable resource. The county department shall verify any limitations

that prevent the disposition of the property and document those limitations

in the statewide automated system case comments.

3.520.742

PERSONAL PROPERTY

The actual value of any personal property which is assessed for taxation, such as

a mobile home, house trailer, or property used in a trade or business, is

determined by using the actual value reported by a county assessor or by

obtaining a copy of the most recent property assessment notice. If the actual

value is not on the assessment notice, the value may be determined by:

PERSONAL PROPERTY

The actual value of any personal property which is assessed for taxation, such as

a mobile home, house trailer, or property used in a trade or business, is

determined by using the actual value reported by a county assessor or by

obtaining a copy of the most recent property assessment notice. If the actual

value is not on the assessment notice, the value may be determined by:

Verifying the actual valuation from a copy of the most recent property

assessment notice or with the county assessor's office on the Internet, by

phone, by other personal contact, or in writing; or,

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When personal property valuation is necessary, and the usual means of

valuation is not possible, the county department shall use available local

resources or the classified ad section of the local or other State

newspaper or the Internet to determine and verify the actual value.

To determine the equity value of personal property, first determine the

actual value; then subtract encumbrances.

The vehicle with the highest value is exempt as described in 3.520.77.A, and

therefore may be verified with client statement. The actual value of any additional

personal property which is not assessed for taxation is determined by obtaining

the appraised value less liabilities, i.e., vehicles, farm equipment and livestock or

inventories of merchandise and materials, such as art, jewelry or valuable

collections, as appraised by a verifiable, industry recognized source.

The actual value of automobiles and trucks is determined by using the

trade-in fair condition value as provided by an auto valuation company,

such as Kelly Blue Book or NADA guides. Unless questionable, it shall be

presumed that the value of the vehicle is four hundred dollars ($400) when

the information is not found in Kelly Blue Book or Nada guides.

a verifiable, industry recognized source.

The actual value of automobiles and trucks is determined by using the

trade-in fair condition value as provided by an auto valuation company,

such as Kelly Blue Book or NADA guides. Unless questionable, it shall be

presumed that the value of the vehicle is four hundred dollars ($400) when

the information is not found in Kelly Blue Book or Nada guides.

For personal property which has not been assessed for taxation, the client

shall submit verification of the appraised value based on written

statements received from the following:

Assessment standards obtained from the State or county

assessor's office; or,

Valuation obtained from a local merchant, the Internet or other

reliable source.

Personal property may be exempted if the client, client’s spouse, or sponsor(s)

has made an attempt to sell and has been unable to do so.

Failure to sell personal property at the asking price or for a reasonable

value shall not exempt the resource from the client’s countable resources.

Under such circumstances, the county department shall determine

whether the property could be sold for two-thirds of the actual value.

If the client, client’s spouse, or sponsor(s) receives an offer for at least

two-thirds of the actual value and refuses to sell the property, the property

shall not be exempted.

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If the client, client’s spouse, or sponsor(s) cannot sell the property for two-

thirds of the actual value, the property shall be exempted provided there

continues to be reasonable efforts to sell the property, such as by listing

the property with an agency or by advertising in the local media.

The county department shall verify on a quarterly basis that a

reasonable effort is being made to sell the property.

The property shall not be exempted if the county department, using

prudent person principle, determines the client, client’s spouse, or

sponsor(s) is not making a reasonable effort to sell

ty, such as by listing

the property with an agency or by advertising in the local media.

The county department shall verify on a quarterly basis that a

reasonable effort is being made to sell the property.

The property shall not be exempted if the county department, using

prudent person principle, determines the client, client’s spouse, or

sponsor(s) is not making a reasonable effort to sell.

If the client, client’s spouse, or sponsor(s) rejects an offer to

purchase the property that is at least two-thirds the actual value of

the property, the entire equity value of the property shall be

considered a countable resource.

The client, client’s spouse, or sponsor(s) shall have the right to submit evidence

establishing a lesser property value. Such value may be established as zero. The

county department shall evaluate the evidence and determine the property value.

3.520.75

LIFE INSURANCE

Life insurance policies owned by the client, client’s spouse, or sponsor(s) that

have a cash surrender value available (CSV) must be evaluated for THE original

face value at the time of purchase and for the current CSV.

Term life insurance policies should be reviewed to determine if a CSV exists.

The county department shall obtain the most recent documentation related to the

policies, to include active status, liens or encumbrances, current CSV, and

annual dividend statements.

If the total face value of all life insurance policies owned by a client and his or her

spouse is equal to $1,500 or less, the full CSV of all policies is exempt.

Sponsor(s) are allowed the same exemption.

For OAP only, if the total face value of all life insurance policies owned by a client

and his or her spouse is equal to more than $1,500 and the CSV of all policies

combined is $250,000 or less, then the following applies:

e insurance policies owned by a client and his or her

spouse is equal to $1,500 or less, the full CSV of all policies is exempt.

Sponsor(s) are allowed the same exemption.

For OAP only, if the total face value of all life insurance policies owned by a client

and his or her spouse is equal to more than $1,500 and the CSV of all policies

combined is $250,000 or less, then the following applies:

If all policies were purchased more than forty-eight (48) months prior to

the eligibility determination date, and no further contributions or payments

to the policies have been made in the past 48 months, all CSV is exempt;

or,

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If there have been additional monies contributed or payments made to any

of the policies within 48 months of the eligibility determination date, those

additional monies contributed are counted toward the resource limit; the

original cash value amount prior to the 48 month period remains exempt;

or,

If any of the policies were purchased within the 48 months prior to

eligibility determination date, the total CSV is a countable resource; and,

Sponsor(s) are allowed the same exemptions.

For OAP only, if the total face value of all life insurance policies owned by a client

and his or her spouse is equal to more than $1,500 and CSV of all policies

combined is more than $250,000, then the following applies:

If all policies were purchased more than 48 months prior to eligibility

determination date, and no further contributions or payments to the

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