3.601 Program Definitions

“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 client 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. “Adverse action” means a county action to reduce grant payments or to deny an application. A reduction may be the result of a sanction, a demonstrable evidence closure, or ineligibility based on income or household changes. “Applicant” means any individual or family who individually or through an authorized 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. “Assessed need” means any identified need of a client or family receiving Colorado Works grant payments beyond ordinary, routine living expenses that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and will not extend beyond four (4) months without a new assessment. “Assistance unit” means individuals who live together and who are receiving grant payments as one household. “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. “Basic cash assistance” means a recurrent cash payment intending to meet ongoing needs. “Budgetary unit” means those people whose income is considered in the determination of eligibility and grant payment calculation because they are considered financially responsible for members of an assistance unit. Members of the budgetary unit can be in the assistance unit or outside of the assistance unit. “Caretaker” means a person who exercises the responsibility for a child. “Certification period” means the time period for which a CW client is approved to receive grant payments before a redetermination is required. “Claim” means an overpayment of a grant payment, diversion, or supportive payment that needs to be researched and validated by the county department. “Clear and convincing” 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 a Colorado Works grant payment. “Client error claim” means a client was overpaid and a claim was validated based on unintentional or willful withholding of information on the part of the client. “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. “Colorado Works” is the Temporary Assistance for Needy Families (TANF) program in Colorado. “Countable income” means income considered available to the individual after the application of valid exemptions, disregards, and deductions. “County department” means the county department of human/social services. “County policy(ies)” means the written county policies governing the Colorado Works program as approved by the State Department and county board of commissioners or their designee. “County worker” means an employee or designated representative of the county department. “County approved setting” means a living arrangement evaluated and deemed appropriate by the county department according to county policy. “Demonstrable evidence” means evidence that a Colorado Works client has refused to comply with the workforce program. “Denial” means that a Colorado Works application was denied because the client was not eligible for a grant payment upon application. “Dependent child(ren)” means a person who resides with a parent or non-parent caretaker and who is: A. Under eighteen (18) years of age; or, B. Between the ages of eighteen (18) and nineteen (19) and a full-time student in a secondary school or in the equivalent level of vocational or technical training (including seeking to obtain high school equivalency) and expected to complete the program before age nineteen (19). “Discontinuation” means that a client who is currently receiving a grant payment is no longer eligible and his or her grant payment will be stopped. “Disqualified person” means a person who would be a member of the assistance unit but is ineligible due to program prohibitions. “Diversion” means a short-term cash payment (not to extend beyond four (4) months) intended to meet an episode of need. “Domestic violence” (also known as family violence) means a pattern of coercive control one individual inflicts upon another in the context of familial, household, or intimate partner (current or former) relationships including marriage and dating. Violence may be inflicted through a variety of means including, but not limited to: A. Physical acts threatening or resulting in physical injury to the individual, including hitting, punching, slapping or biting; B. Intimidation resulting in fear of imminent bodily harm through the use of gestures, displays of weapons, or destruction of property, including pets; C. Threats of or attempts at physical or sexual abuse or other means of coercion and control, including harm to or threats to harm children, other family members, or pets; D. Sexual abuse or threats to inflict nonconsensual sexual acts, including sexual activity with a minor; E. Mental, emotional, or psychological abuse including degradation, constant put-downs, or humiliation that results in a reduced ability to engage in daily activities; F. Isolation from friends, family, or any type of emotional support system; G. Neglect or deprivation of medical care; H. Stalking; I. Economic abuse or control of finances through withholding money or sabotaging attempts to attain economic self-sufficiency; and/or, J. Child molestation, incest. “Domestic violence survivor” means any person who has experienced or is experiencing domestic violence as defined above. “Earned income” means payment in cash or in-kind received by an individual for services performed as an employee or as a result of 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 criteria used to determine individuals eligible or ineligible to receive grant payments and/or services. “Eligible client” means a client whose countable income is below the grant standard and who meets all non-financial eligibility criteria. “Emancipated juvenile” means the same as in Section 19-1-103(45), C.R.S. “Exceptional disengagement” means a pattern of documented non-compliance with the Individualized Plan over a span of time without reporting good cause. The pattern must clearly demonstrate repetitive disengagement from the program over a span of not more than two (2) months, such as three (3) consecutive times in one (1) month or four (4) times in two (2) months. Exceptional disengagement does not exist when a client has demonstrated an unmet need for transportation or childcare or when domestic violence or a disability impact a client. Exceptional disengagement is reported to the State Department via a State prescribed review process. “Excluded person” means a person who is not included in the assistance unit or budgetary unit. “Exempt income” means any income that is not countable income for the purpose of eligibility. "Federal Poverty Guidelines" also called Federal Poverty Level (FPL) means the income level for a household as set forth in the Federal Register 86 FR 7732, 7732-7734, as of February 1, 2021. This rule does not contain any later amendments or editions. These guidelines are available for no cost at https://www.federalregister.gov/. These guidelines are also available for public inspection and copying at the Colorado Department of Human Services, Director of the Division of Economic and Workforce Support, 1575 Sherman Street, Denver, Colorado, 80203, or at any state publications library during regular business hours. “Fleeing felon” means a person fleeing to avoid prosecution or custody or confinement after conviction for a felony. “Fraud” means the same as in Section 26-1-127(1), C.R.S. “Family violence option (FVO) trained worker” means a county worker or contract staff who has participated in the State prescribed FVO training. “Good cause” means circumstances beyond the control of the client. Good cause includes, but is not limited to, 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; a client who is experiencing domestic violence, a child-only case, and a client who is the head of a single-parent household who has a child under one (1) year of age, or other good cause determined reasonable by the county department using the prudent person principle, including the reasons outlined in 3.608.3. Related to the appeal process, 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 or his or her representative or attorney’s failure to either receive or timely receive, a timely mailed initial decision, or other timely mailed correspondence from the Office of Administrative Courts, the Office of Appeals, or the county department; when a party or his or her representative or attorney 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 Colorado Works program payment that can either be basic cash assistance or diversion. Grant payments may also be referred to as the benefit. “Grant standard” means the maximum Colorado Works grant payment that can be provided to a client based on the household composition, not including diversion or assessed need. “Guardian” means the same as in Section 26-2-703(10.2), C.R.S. “Immediate family member” means spouses, child(ren), parents, siblings, and the spouses of those persons. “Income” means any financial gain by means of money payment or in-kind payment. Payments made directly to a vendor are not income. “Income reporting standard” means the amount of income which requires an assistance unit to report an increase in earnings during a certification period. “In-kind” means something of value received for the benefit 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 the same as 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: A. Receive a grant payment for which the client is not eligible; or, B. Increase a grant payment for which the client is not eligible; or, C. Prevent a denial, reduction or termination of a grant payment. “Investigation’s Conclusion” means the investigation into an IPV has concluded and the amount of overpayment has been determined. “Irregular” (related to income) means income which an individual cannot reasonably expect to receive on a monthly basis. “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. “Medical services” means services that are allowable or reimbursable under Title XIX of the Social Security Act. “Minor” means a person who is under the age of eighteen (18). “Noncustodial parent” means an individual who, at the time he or she requests and receives program services: A. Is a parent of a minor child; and, B. Is a resident of Colorado; and, C. Does not live in the same household as the minor child. "Overpayment” means a payment was made in excess of the amount a client was eligible for. “Parent” means an adoptive or natural/biological parent, including an expectant parent. “Periodic payments” means payments that are irregular or a one-time payment. “Potential income” means a benefit or payment to which the 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. “Produce” means to provide for inspection either: 1) an original or 2) a true and complete copy of the original document. A document may be produced either in person, electronically, or by mail. “Program prohibitions” means any of the following that prevents a required member of the assistance unit from participating in the Colorado Works program. A. The individual has misrepresented his or her residence to receive TANF benefits or services simultaneously in two or more states; B. The individual is a fugitive or fleeing felon; C. The individual is a non-citizen who does not meet the definition of an eligible qualified non-citizen; D. The individual has been convicted of welfare fraud under the laws of this State as described in Section 26-1-127, C.R.S., any other state, or the federal government. The individual convicted of fraud shall not be permitted to receive grant payments but may receive services as deemed necessary; or, E. The individual lacks or failed to provide a Social Security Number (SSN) or proof of application for a SSN. “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” is the same as “qualified alien” in 8 U.S.C. 1641(b) and the language, including all notes, in 8 U.S.C. § 1101 and may also be referred to as a legal immigrant. “Questionable” means the information provided is unclear, conflicting information has been provided, or the county has reason to believe facts presented are contrary to the information provided by the client. “Received” (for the purpose of income) means the date on which the income 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. “Responsibility/exercising responsibility” means the accountability for and obligation to make decisions on behalf of a child(ren). “Sanction” means a reduction in Colorado Works grant payments for an established period of time as a result of not participating in the Workforce Development program. “Scheduled appointment” or “scheduled interview” means an appointment or interview set using a State prescribed or State approved appointment notice provided to the client. “Self-employment” means work that is performed at the client's discretion either informally, as an independent contractor or as the owner of a business and not for an employer. Self-employment does not include S-Corps or Limited Liability Companies (LLC). “Signature” means handwritten signatures, electronic signature techniques, recorded telephonic signatures, or documented gestured signatures. A valid handwritten signature includes a designation of an x. For Individualized Plans and conditions agreements, a verbal agreement is an acceptable signature and must be substantiated with an electronic, recorded telephonic, or written agreement of the terms. “Sponsor” means any person(s) who executed an affidavit of support (USCIS form I-864 or I-864a (March 6, 2018)) 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. These forms are herein 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/forms. These forms are also available for public inspection and copying at the Colorado Department of Human Services, Director of the Division of Economic and Workforce Support, 1575 Sherman Street, Denver, Colorado, 80203, or at any state publications library during regular business hours. “State Department” or “the Department” means the Colorado Department of Human Services. “Statewide automated system” means the electronic platform used to calculate public assistance program benefits and grant payments. “Supplantation” means the replacement of county funds serving Colorado Works clients with block grant funds and the use of those county fund savings for purposes other than the Colorado Works program. “Supportive payment” means a payment and/or service in addition to basic cash assistance or diversion that is based on an assessed need. “Termination” means that the client who is currently receiving Colorado Works 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 adverse action. This shall be sent to his or her last address known to the county department. “Unearned income” means any income received by a client or sponsor(s) of a client that is not earned through employment or self-employment. “Unintentional” or “without intent” means an act, or something done or performed that was not voluntary or intended. “Verification” or “verify” 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 the same as in in Section 18-1-501(6), C.R.S. “Willful withholding of information” includes: A. 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; and/or, B. Willful failure by a client to report changes in income or other circumstances which may affect the amount of grant payment. “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. “Workforce Development (WD)” means the program provided to clients determined to be work eligible as described in section 3.607.