Colorado § 26-2-111 - Eligibility for public assistance - rules.

§ 26-2-111. Eligibility for public assistance - rules.

(1) No person shall be granted public assistance in the form of assistance payments under this article unless such person meets all of the following requirements:

(a) The person is a resident of the state of Colorado or, if a dependent child, the parent or other relatives with whom said child is living is a resident of the state of Colorado or the person is a legal immigrant who would be otherwise eligible in all respects except for citizenship;

(b) The person has insufficient income, property, or other resources to meet his or her needs as determined pursuant to rules and regulations of the state department; except that resource eligibility for the program of aid to the needy disabled shall be as specified in paragraph (d) of subsection (4) of this section, resource eligibility for the program of aid to the blind shall be as specified in subparagraph (III) of paragraph (a) of subsection (5) of this section, and resource eligibility requirements for the old age pension program shall be as specified in paragraph (a) of subsection (2) of this section;

(c) (I) The person has not made a voluntary assignment or transfer of property without fair and valuable consideration for the purpose of rendering himself or herself eligible for public assistance under this article at any time within thirty-six months immediately prior to the filing of application for such assistance pursuant to the provisions of this article; or, in the case of a person already receiving public assistance under this article, the person has not made any such transfer during the time the person has been receiving such public assistance; but, if any such assignment or transfer is made during such thirty-six month period or during such time that public assistance is being received, there is a rebuttable presumption that the assignment or transfer was made for such purpose; but, within such period of time, a person may assign or transfer the ownership of real property owned and used as a residence by such person if:

(A) The transfer or assignment is made for reasons other than to become or remain eligible for public assistance under this article;

(B) The primary purpose of the transfer or assignment is not to acquire moneys or profit but is for some other legitimate reason such as estate planning.

(II) Nothing in this paragraph (c) shall be construed to prohibit a person from selling, transferring, or assigning his or her real estate in a bona fide transaction for good and valuable consideration.

(d) The person is not an inmate of a public institution, except as a patient in a public medical institution, or is not a patient in any institution for tuberculosis or mental diseases, or is not a patient in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis; but the provisions of this paragraph (d) shall not be applicable to or in any way affect the class of old age pension recipients provided for in subsection (2)(a)(III) of this section.

(2) Old age pension.

(a) Except as provided in paragraphs (c) and (d) of this subsection (2), public assistance in the form of the old age pension shall be granted to any person who meets the requirements of subsection (1) of this section and any one of the following requirements:

(I) The person is a United States citizen or a qualified alien, has attained the age of sixty years or more, and meets the resource eligibility requirements of the federal supplemental security income program; or

(II) Repealed.

(III) The person is an inmate of an institution, not penal in character, maintained by the state or by a municipality therein or county thereof, and the person has attained the age of sixty years or more. The period of confinement as a patient in such institution shall be considered as residence in the state of Colorado.

(b) An applicant or recipient of the old age pension who is otherwise qualified shall not be denied the old age pension by reason of the fact that relatives may be financially able to contribute to his or her support and maintenance; except that income and resources of the spouse of an applicant or recipient of the old age pension or of a sponsor of an applicant or recipient of the old age pension who is a qualified alien shall be considered in determining eligibility pursuant to rules of the state department.

(c) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (c), a qualified alien shall not be granted the old age pension under the provisions of this subsection (2) unless it is shown that:

(A) (Deleted by amendment, L. 2010, (HB 10-1384), ch. 218, p. 954, § 4, effective January 1, 2014.)

(B) The qualified alien meets the requirements specified in section 26-2-111.8 (2)(a) relating to entry into the United States prior to August 22, 1996, or the requirements specified in section 26-2-111.8 (2)(b) regarding the five-year bar on receipt of benefits; and

(C) The qualified alien meets the requirements specified in section 26-2-111.8 (2)(c) regarding the deeming of sponsor income and resources.

(II) The requirements in subparagraph (I) of this paragraph (c) do not apply to a qualified alien who meets the eligibility criteria for the old age pension in paragraph (a) of this subsection (2) if it is determined pursuant to rules of the state department that:

(A) The qualified alien has been abandoned by or is a victim of mistreatment by his or her sponsor or is an abused spouse and would incur a significant financial hardship; or

(B) The qualified alien who does not have a sponsor would have insufficient income to support himself or herself or would otherwise incur a significant financial hardship; or

(C) The person who sponsored the qualified alien's entry into the United States and who satisfied sponsorship financial requirements at the time of initial sponsorship now has insufficient income and resources to meet the needs of the qualified alien.

(III) The requirements in subparagraph (I) of this paragraph (c) do not apply to a qualified alien who meets the eligibility criteria for the old age pension in paragraph (a) of this subsection (2) and who is also eligible for federal financial benefits pursuant to Title XVI of the federal "Social Security Act".

(d) (I) A person who is a member of a household that is receiving public assistance under the Colorado works program pursuant to part 7 of this article shall not be eligible to receive public assistance pursuant to this subsection (2).

(II) (Deleted by amendment, L. 2010, (HB 10-1043), ch. 92, p. 315, § 8, effective April 15, 2010.)

(3) Colorado works program.

(a) By signing an application for the works program created in part 7 of this article, a person assigns, by operation of law, to the state department all rights the applicant may have to support from any other person on his or her own behalf or on behalf of any other family member for whom application is made. For the purposes of this subsection (3), the assignment:

(I) Is effective for current support due and owing during the period of time the person is receiving public assistance under the works program;

(II) Takes effect upon a determination that the applicant is eligible for the works program; and

(III) Shall remain in effect with respect to any unpaid support that accrues under the assignment, up to the amount of the cost of assistance provided.

(IV) (Deleted by amendment, L. 2009, (SB 09-053), ch. 137, p. 594, § 1, effective October 1, 2009.)

(a.5) Notwithstanding any provision of this subsection (3), and except as provided in section 26-2-108 (1)(b)(II), effective January 1, 2017, the state department shall pay to the recipient the current child support collected pursuant to the assignment. The state department shall disregard the amount of child support paid to the recipient pursuant to this paragraph (a.5) in calculating the amount of the recipient's basic cash assistance grant pursuant to part 7 of this article. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility.

(b) The application shall contain a statement explaining this assignment and the payment to the recipient of child support pursuant to paragraph (a.5) of this subsection (3).

(c) Notwithstanding any provision of paragraph (a) of this subsection (3), assignments made prior to October 1, 2009, may include support arrearages that accrued prior to the date the applicant is determined to be eligible for the works program.

(3.5) (a) Repealed.

(b) (Deleted by amendment, L. 97, p. 1232, § 19, effective July 1, 1997.)

(4) Aid to the needy disabled. Public assistance in the form of aid to the needy disabled must be granted to any person who meets the requirements of subsection (1) of this section and all of the following requirements:

(a) He or she has a total disability, as defined by section 26-2-103 (14) and the rules and regulations of the state department, that has lasted or can be expected to last for a period of six months or more or he or she is determined to be disabled and eligible for social security disability insurance benefits under Title II of the social security act.

(b) He or she is eighteen years of age or older.

(b.5) (I) He or she has applied for supplemental security income benefits and complied with any recommendations for referrals made by the county department except for good cause shown.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b.5) to the contrary, the state department may promulgate rules allowing a county to waive the requirement that a person apply for supplemental security income benefits prior to receiving aid to the needy disabled under such conditions and for such period of time as the state department deems appropriate to ensure that a person has the opportunity to submit a thorough and complete supplemental security income benefits application.

(c) (I) The person is not a member of a household receiving public assistance under the aid to families with dependent children program set forth in this article. For the purposes of this paragraph (c), "household" has the same meaning as "assistance unit" as used in 45 CFR 205.40 (a)(1), as amended.

(II) (A) The provisions of subparagraph (I) of this paragraph (c) notwithstanding, on and after January 1, 1992, a supplemental payment funded by state and county funds shall be paid to households that have received public assistance payments for the month of December 1991, under both the aid to families with dependent children program set forth in this article and the aid to the needy disabled program set forth in this subsection (4). The supplemental payment shall be in an amount as will maintain the household's total income at the same level as in December 1991.

(B) The supplemental payment shall be paid only if the household remains continuously eligible to receive public assistance under both the aid to families with dependent children program set forth in this article and the aid to the needy disabled program set forth in this subsection (4).

(d) He or she meets the resource eligibility requirements of the federal supplemental security income program.

(e) If the applicant is disabled as a result of a primary diagnosis of a substance use disorder, the applicant, as conditions of eligibility, is required to:

(I) Participate in treatment services approved by the behavioral health administration in the state department; and

(II) Demonstrate on a periodic and random basis that he or she remains free of the use of alcohol or any nonprescribed controlled substance on a form verified by the treatment program. Any person whose random test results are positive two times in any three-month period shall be denied eligibility.

(f) A person who is disabled as a result of a primary diagnosis of an alcohol or substance use disorder is not eligible for aid to the needy disabled based upon that primary diagnosis if the person has received aid to the needy disabled based upon such diagnosis for any cumulative twelve-month period in the person's lifetime.

(5) Aid to the blind.

(a) For the purpose of providing public assistance to those not receiving federal financial benefits pursuant to Title XVI of the social security act, public assistance in the form of aid to the blind shall be granted to any person who meets the requirements of subsection (1) of this section and who:

(I) Is blind as defined by section 26-2-103 (3) or is determined to be blind and eligible for social security disability insurance benefits under Title II of the social security act; except that any person who is a member of a household that is receiving public assistance under the aid to families with dependent children program set forth in this article shall not be eligible to receive public assistance pursuant to this subsection (5);

(II) Has applied for supplemental security income benefits and complied with any recommendations for referrals made by the county department except for good cause shown; and

(III) Meets the resource eligibility requirements of the federal supplemental security program.

(b) For the purposes of this subsection (5), "household" has the same meaning as "assistance unit" as used in 45 CFR 205.40 (b)(1), as amended.

(6) The provisions of section 26-2-111.8 shall apply in addition to the provisions of this section in determining the eligibility for public assistance of persons who are not citizens of the United States.

Source: L. 73: R&RE, p. 1183, § 2. C.R.S. 1963: § 119-3-11. L. 75: (4)(a) amended, p. 889, § 6, effective July 28. L. 76: (2)(b) amended, p. 309, § 51, effective May 20. L. 77: IP(1)(c), (4)(a), and (5) amended, p. 1344, § 4, effective May 26; (3)(c) to (3)(e) R&RE and (3)(f) repealed, pp. 1339, 1341, §§ 3, 5, effective July 1. L. 82: (3)(g) added, p. 281, § 6, effective April 2; (3)(b) amended, p. 426, § 2, effective July 1. L. 83: (2)(a)(I) and (2)(a)(III) amended and (2)(a)(II) repealed, p. 1119, §§ 1, 2, effective May 10. L. 88: (2)(c) added, p. 1053, § 2, effective April 16. L. 89, 1st Ex. Sess.: (3)(c) to (3)(e) amended and (3.5) added, p. 39, § 5, effective July 25. L. 90: (3)(h) added, p. 1358, § 2, effective October 1. L. 91: (3)(d) and (3)(e) repealed, p. 1861, § 3, effective July 1. L. 91, 2nd Ex. Sess.: IP(2)(a), (4), and (5) amended and (2)(d) added, pp. 92-94, §§ 1-3, effective January 1, 1992. L. 92: (3)(h) amended, p. 2143, § 1, effective July 1. L. 96: IP(1), (1)(b), (4), and (5) amended, p. 832, § 1, effective May 23; (4)(e) and (4)(f) added, p. 993, § 3, effective May 23; (1) and (2)(a) amended, p. 1297, § 1, effective June 1. L. 97: (1)(a) amended and (6) added, p. 1252, § 2, effective July 1; (3) and (3.5)(b) amended, p. 1232, § 19, effective July 1; (3)(a) amended, p. 1287, § 32, effective July 1. L. 2004: (3)(a)(III) amended, p. 387, § 4, effective July 1. L. 2006: (4)(a) amended, p. 1505, § 49, effective June 1. L. 2009: (3)(a) amended and (3)(c) added, (SB 09-053), ch. 137, p. 594, § 1, effective October 1. L. 2010: (2)(d) amended, (HB 10-1043), ch. 92, p. 315, § 8, effective April 15; (2)(a) and (2)(c) amended, (HB 10-1384), ch. 218, p. 951, § 1, effective July 1; (2)(b) and (2)(c) amended, (HB 10-1384), ch. 218, p. 954, §§ 3, 4, effective January 1, 2014. L. 2011: (4)(e)(I) amended, (HB 11-1303), ch. 264, p. 1169, § 72, effective August 10. L. 2014: (4)(b.5) amended, (SB 14-012), ch. 248, p. 959, § 2, effective August 6. L. 2015: (3)(a.5) added and (3)(b) amended, (SB 15-012), ch. 282, p. 1154, § 2, effective August 5. L. 2017: IP(4)(e) and (4)(e)(I) amended, (SB 17-242), ch. 263, p. 1333, § 219, effective May 25. L. 2018: IP(4) and (4)(f) amended, (SB 18-091), ch. 35, p. 389, § 33, effective August 8. L. 2022: IP(4)(e) and (4)(e)(I) amended, (HB 22-1278), ch. 222, p. 1518, § 84, effective July 1.

Editor's note: (1) Subsection (3)(c)(II) provided for the repeal of subsection (3)(c), effective January 1, 1990. (See L. 89, 1st Ex. Sess., p. 39.)

(2) Subsection (3.5)(a)(II) provided for the repeal of subsection (3.5)(a), effective October 1, 1992. (See L. 89, 1st Ex. Sess., p. 39.)

(3) Amendments to subsection (1) by House Bill 96-1233 and House Bill 96-1253 were harmonized.

(4) Subsection (4)(e) and (4)(f) were enacted as subsection (4)(d) and (4)(e), respectively, by Senate Bill 96-164, but have been renumbered on revision for ease of location and were harmonized with House Bill 96-1253.

(5) Section 7 of chapter 218, Session Laws of Colorado 2010, provides that amendments to subsections (2)(b) and (2)(c) in sections 3 and 4 of House Bill 10-1384 are effective upon the earlier of January 1, 2014, or the date upon which the revisor of statutes receives certain notification from the executive director of the department of health care policy and financing. The revisor of statutes did not receive the notification; therefore, the amendments to subsection (2)(b) and (2)(c) by § 3 of chapter 218 took effect January 1, 2014.

Cross references: For the legislative declaration contained in the 1997 act amending subsection (3)(a), see section 1 of chapter 236, Session Laws of Colorado 1997. For the legislative declaration in SB 14-012, see section 1 of chapter 248, Session Laws of Colorado 2014. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.

ANNOTATION

Law reviews. For note, "Aid to Families with Dependent Children — A Study of Welfare Assistance", see 44 Den. L.J. 102 (1967). For note, "Rural Poverty and the Law in Southern Colorado", see 47 Den. L.J. 82 (1970). For article, "Taxation", which discusses Tenth Circuit decisions dealing with interception of tax refunds for reimbursement of state child support, see 63 Den. U. L. Rev. 455 (1986).

Portion of repealed subsection (2)(a)(II) unconstitutional. All words in repealed subsection (2)(a)(II) after the words "sixty years", commencing with the word "but" through the end of the sentence, were inoperable and unconstitutional. Jeffrey v. State Dept. of Soc. Servs., 198 Colo. 265, 599 P.2d 874 (1979).

The establishment of two classes of needy citizens between the ages of 60 and 65, indistinguishable from each other except that one was composed of residents who had resided continuously in Colorado for 35 years and the second of residents who had resided in Colorado less than 35 continuous years, which worked to deny critically needed old-age pension benefits to those who had resided in Colorado less than 35 continuous years, was unconstitutional as violative of equal protection. Jeffrey v. State Dept. of Soc. Servs., 198 Colo. 265, 599 P.2d 874 (1979).

One-year residency requirement held unconstitutional. Colorado statutes which required residence of one year as a condition of receiving aid to families with dependent children and aid to the needy disabled were unconstitutional and deprived plaintiffs of the right to equal protection of the laws and the right to travel interstate under the federal constitution. Passmore v. Birkins, 311 F. Supp. 588 (D. Colo. 1969).

The legislative intent was to treat personal property and income differently. Francis v. State Bd. of Soc. Servs., 184 Colo. 136, 518 P.2d 1174 (1974).

The intention of the general assembly was to exclude annuities and other income from personal property. Francis v. State Bd. of Soc. Servs., 184 Colo. 136, 518 P.2d 1174 (1974).

Where applicants for aid to the needy disabled are capable of performing self-supporting jobs which result in income sufficient to exceed the eligibility limits of the program, they are not eligible for benefits. Dept. of Soc. Servs. v. Davis, 796 P.2d 494 (Colo. App. 1990).

The assignment under subsection (3)(g)(I) is effective for both current and accrued support and remains in effect with respect to any unpaid support even after the termination of aid to families with dependent children (AFDC) benefits. In re Cespedes, 895 P.2d 1172 (Colo. App. 1995).

This section provides specific statutory authorization for a custodial parent receiving AFDC benefits to seek an increase in child support and makes the mother under the facts of the case a real party in interest. In re Cespedes, 895 P.2d 1172 (Colo. App. 1995).

Trial court was correct in concluding that the Colorado statutory and regulatory scheme authorizes the inclusion of garnished social security benefits in calculating income for old age pension eligibility. Ramseyer v. Colo. Dept. of Soc. Servs., 895 P.2d 1188 (Colo. App. 1995).

A rational basis exists for using the federal criteria and for including garnished income in determining eligibility for old age pension benefits. Ramseyer v. Colo. Dept. of Soc. Servs., 895 P.2d 1188 (Colo. App. 1995).

Regulation did not improperly impose a new condition for eligibility for aid to the needy disabled benefits or fundamentally change legislative policy by requiring applicant to sign an authorization verifying that applicant had applied for federal supplemental security income benefits and allowing the social security administration to send his federal benefits check directly to the department of human services. Martinez v. Dept. of Human Servs., 97 P.3d 152 (Colo. App. 2003).

State laws passed for public welfare should be applied to federal enclaves within the state, and to citizens living therein, for the state is best fitted to know the requirements of its particular locality and to deal with them. Bd. of County Comm'rs v. Donoho, 144 Colo. 321, 356 P.2d 267 (1960).