921 Ky. Admin. Regs. 2:510

Current through Register Vol. 51, No. 5, November 1, 2024
Section 921 KAR 2:510 - Relocation Assistance Program (RAP)

RELATES TO: KRS 45.237-241, 205.211, 45 C.F.R. Parts 260-265, 42 U.S.C. 601-619

NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for receipt of federal funds. KRS 205.200(2) requires the secretary to prescribe, by administrative regulation, conditions of eligibility for public assistance, in conformity with federal law. This administrative regulation establishes eligibility requirements for the Relocation Assistance Program (RAP) in accordance with Temporary Assistance for Needy Families (TANF) provisions established in 45 C.F.R. Parts 260-265.

Section 1. Definitions.
(1) "Benefit group" means a group that meets the eligibility requirements established in 921 KAR 2:006.
(2) "Family Assistance Short Term" or "FAST" means the program established in 921 KAR 2:500.
(3) "Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.
Section 2. Relocation Assistance Program (RAP).
(1) An applicant for RAP shall:
(a) Be a current recipient of KTAP;
(b)
1. Have a verified offer of employment with wages in an amount equal to or greater than thirty (30) hours per week at the minimum hourly wage rate; or
2. Be currently employed with wages in an amount equal to or greater than thirty (30) hours per week at the minimum hourly wage rate, reporting and verifying timely, and request relocation assistance within ninety (90) days from the start date of employment; and
(c) Be in need of assistance to relocate in order to:
1. Accept or maintain a verified offer of employment if the applicant's:
a. Current residence is located ten (10) miles or more from the location of new employment; and
b. New residence is closer to the location of new employment than the applicant's current residence;
2. Escape a domestic violence situation, as determined by the cabinet pursuant to 921 KAR 2:006, Section 1; or
3. Prevent homelessness.
(d) Not be required to comply with paragraphs (b) and (c)1 of this subsection, if moving to escape from a domestic violence situation; and
(e) Complete Form RA-1, Application for Relocation Assistance.
(2) To the extent funds are available, the payment shall be issued to assist an eligible KTAP recipient in meeting moving-related expenses. Moving-related expenses shall include:
(a) Moving van rental;
(b) First month's rent for apartment or house; and
(c) Security deposit, utility hook-up fee, or other moving-related fee approved by the cabinet for the apartment or house referenced in paragraph (b) of this subsection.
(3) The amount of payment shall be up to $1,500 based on the actual verified moving-related expenses, as listed in subsection (2) of this section.
(4) Except for a domestic violence situation, an otherwise eligible recipient of RAP shall receive relocation assistance a maximum of once every twelve (12) months.
(5) The offer of employment, including hourly wage and number of hours, and the availability of a new residence, as specified in subsection (1)(b)1 and (c)1 of this section shall be verified in writing.
(6) The start date of ongoing employment, including hourly wage and number of hours and the availability of a new residence as specified in subsection (1)(b)2 and (c)1 of this section, shall be verified in writing.
(7) The cabinet shall provide follow-up case management to assist the family with the transition.
(8) A family not currently receiving KTAP and eligible to receive FAST may receive assistance to relocate pursuant to 921 KAR 2:500.
(9) A KTAP recipient may refuse without penalty an offer of employment that would require relocation.
Section 3. Hearing Rights. Hearing rights for RAP shall be the same as hearing rights for a KTAP recipient in accordance with 921 KAR 2:055.
Section 4. Improper Payments. The cabinet shall recover the amount of an improper payment pursuant to KRS 45.237-241 and 205.211, including assistance paid pending the outcome of a hearing, from the claimant-payee.
Section 5. Incorporation by Reference.
(1) The "RA-1, Application for Relocation Assistance", 08/22, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

921 KAR 2:510

25 Ky.R. 2077; eff. 6-16-1999; Recodified from 904 KAR 2:510, 7-8-1999; 29 Ky.R. 1150; 1668; eff. 12-18-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 33 Ky.R. 1746; 2331; eff. 3-9-2007; 42 Ky.R. 610; eff. 11-18-2015; 49 Ky.R. 687; eff. 3/16/2023.

STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2)