3.609.2 Payments A.

A client shall be placed on an issuance schedule so that he or she receives grant payments on or about the same date each month once a certification period is established. Due to the effective date of eligibility, the date on which a client receives his or her initial payment need not be the date that the client must receive any subsequent payments. 1. Initial payment The initial payment to eligible clients shall include assistance beginning with the date of application. Should the assistance unit be ineligible on the date of application, but become eligible prior to the time that a determination of eligibility is made, the initial payment shall include assistance beginning with the date on which the assistance unit became eligible. To calculate partial month payments: a. Determine the grant amount based on the size and composition of the assistance unit; b. Deduct the total net countable income – this is the authorized grant amount for the entire month; c. Determine the number of days for which payment is made and based on the table in subsection E. Below, find the decimal figure corresponding to the number of days of eligibility; d. Multiply the authorized grant amount for the entire month by such decimal figure to determine the authorized grant amount for the partial month; e. Subtract from authorized grant amount for the partial month any appropriate deductions, unless the authorized grant for the partial month is less than $10, in which case no payment is made. However, if the deductions from the authorized grant amount for the partial month results in an amount less than $10, such lesser amount shall be paid except when the amount is less than $1.00. To calculate the partial month payments, the following table shall be used: Days Standard Days Standard Days Standard .03288 .36164 .69041 .06575 .39452 .72329 .09863 .42739 .75617 .13151 .46027 .78904 .16439 .49315 .82192 .19726 .52603 .85480 .23014 .55890 .88768 .26302 .59178 .92054 .29590 .62466 .95342 .32876 .65754 .9863 2. Payment determination For the certification period, eligibility and payment shall be determined prospectively. B. When the county department determines that a client was ineligible for all or a part of a payment that the client has already received, the county department shall, subject to notice as described in 3.609.1 and these recovery rules, establish a claim, and if valid, initiate recovery. C. If a client dies, payments to the client shall be treated as follows: 1. A client’s eligibility shall end on the date of his or her death. 2. If a client dies before 12:00 a.m. on the first day of a month, no eligibility for a grant payment for the following month exists. 3. If a client dies on or after 12:00 a.m. on the first day of a month, any payment to which the person was eligible shall be maintained for release to the client’s personal representative as defined in section 15-10-201(39), C.R.S., for a maximum of three (3) months. The following rules apply when a personal representative requests to receive a deceased client’s last grant payment: a. The individual claiming to be the personal representative of the deceased client must provide the court-issued letters described in section 15-12-103, C.R.S. to the county department in order to receive the deceased client’s last grant payment; or b. If the personal representative with court-issued letters presents a court order ordering the county department to pay the deceased client’s last grant payment to a specific person or entity, the county department shall make the last grant payment payable to the person named in the order. D. All payments, including partial payments, shall have any cents dropped to the nearest dollar. E. The client has the right to decide how to use his or her grant payment. The county department shall not: 1. 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 2. 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, 3. Give assistance to creditors in the collection of the client’s debts. F. County departments shall not hold or delay the client’s grant payment beyond the regular issuance date except when: 1. A final agency decision has been made authorizing the action; 2. In cases where a corrected payment is to be issued, the corrected payment shall be issued by the effective date of the original warrant and the incorrect payment shall be cancelled. 3. When the county department receives reliable information that the client no longer resides at the last known address and attempts to locate the person through the post office, relatives, friends, etc., have been unsuccessful, the client’s grant payment shall be discontinued. Discontinuing the grant payment is an adverse action and notice shall be given following the policies outlined in section 3.609.1.C. If the client contacts the county department before grant payments are discontinued and provides the client’s current address and all other eligibility criterion have been met, the client shall receive the grant payments they are eligible for; 4. Any grant payments issued to an Electronic Benefits Transfer (EBT) card and not accessed within two hundred seventy-four (274) days of issuance shall be expunged. The county shall reissue grant payments within 90 days of the expungement if requested by the client verbally, electronically, in person, or in writing. The county may reissue up to twelve (12) months of expunged grant payments. G. The county department shall take prompt action to correct underpayments to clients of Colorado Works grant payments. There are two types of underpayments: 1) grant payment(s) received by or for a client that is less than the amount which the client should have received but not a denial or termination, or 2) the failure of the county department to issue a grant payment to an eligible client when such payment should have been issued (i.e., denials or termination of Colorado Works grant payments). 1. When a county department becomes aware of a potential underpayment, the county department shall: a. Determine if an underpayment occurred; and, b. Record the facts and basis of its determination in the case record. 2. A county shall correct any underpayments by the month following the discovery of such underpayments. 3. Underpayments shall be used to pay any validated claims against the client unless the county department has determined this action will cause an undue hardship to the client as determined on a case-by-case basis. Underpayments will be applied to claims using the following hierarchy: a. Fraud or intentional program violation (IPV) claims first (undue hardship cannot be granted); b. Client error claims second; and c. Administrative error claims last. Instances that may result in an administrative error claim include, but are not limited to, the following: 1) The county failed to take timely action on a change reported by the client. 2) The county incorrectly computed the client’s income or other information, or otherwise gave an incorrect grant payment. 3) Any other situation not caused by willful withholding of information on the part of the client and/or their authorized representative. 4) If an underpayment is discovered by the county department, the county department shall inform the client in writing of its determination of the underpayment. 5) Prompt action shall be taken to correct underpayments that occurred within the past twelve (12) months from the discovery date by issuing a retroactive payment. Retroactive payments shall not be made unless the amount is one dollar ($1.00) or more. H. The county department shall reissue a lost or stolen payment if the loss or theft is not questionable and the county determines that such loss was beyond the client's control. A loss will be considered within the client’s control when: 1. The client has shared the EBT pin number or written the pin number on the EBT card itself, or 2. The client has given his or her card to another person for that person’s use. J. A client is prohibited from using or allowing the use of his or her EBT card at automated teller machines (ATMs) and point of sale (POS) devices located in establishments as described in section 3.602.1.E.2.k. A client’s transactions shall be monitored quarterly. Clients who use prohibited ATMs or POS devices (misuse) shall be contacted by the county department. Misuse shall result in: 1. A written warning that the use of the EBT card in prohibited establishments will result in the card being disabled. The county department shall provide education about appropriate use, access, and alternatives; 2. If continued misuse occurs (identified on the usage report after a warning has occurred), the cash portion of his or her EBT card shall be disabled for one month, requiring the county to inform the client of additional options for receipt of payment (direct deposit or county warrant) as well as notification of the dispute resolution process in accordance with state rules pursuant to section 3.609.6; 3. If misuse continues, the county department shall deny or discontinue the cash benefit for one month. The county shall require the client to complete a new application after the one-month time period if the client requests assistance. The county department shall not accept a new application from the client until the one-month denial or discontinuance expires. The county department shall follow the dispute resolution process pursuant to section 3.609.6; and, 4. After the one-month case closure for continued misuse, if/when the client reapplies, any future EBT card usage at prohibited establishments shall be considered continued misuse. Such subsequent violations will result in the one-month denial/discontinuance and reapplication process referred to in subsection 3, above.