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Eligibility Criteria

Colorado Revised Statutes set uniform statewide basic eligibility and minimum benefit levels for basic cash assistance based on Aid to Families with Dependent Child(ren) (AFDC) rules that were in effect on July 16, 1996, with the following exceptions:

1. Families do not have to include half siblings in the same assistance unit if at least one of the half siblings is receiving child support;
2. Sixty seven percent of a client’s income is disregarded for ongoing benefit calculation;
3. All wages earned in subsidized employment are exempted from eligibility determination and grant calculation pursuant to C.R.S. 26-2-706.9 (9) (d) and C.R.S. 26-2-709 (1) (II). Some other types of income such as low income energy assistance, income from WIOA, and income received in a lump sum are also exempt from the eligibility determination;
4. Two parents are treated the same as single parent families, however cash assistance is paid using State-only funds;
5. A family’s resources are exempt.

Eligibility criteria for cash assistance also include the following:

1. Colorado does not impose a family cap;
2. Colorado does require the client to work with child support services, to ensure child(ren) receive financial support. Colorado does require the assignment of child support rights as a condition of eligibility for Colorado Works;
3. Colorado does not impose different eligibility criteria or benefit levels on families moving into Colorado from other states;
4. Expectant parents that can prove pregnancy are eligible; and
5. All work eligible individuals must sign and participate in an individualized plan.

 The following persons shall be ineligible for all Colorado Works benefits or services:

1. Fugitive or fleeing felons;
2. Persons convicted of a drug-related felony as defined in 21 U.S.C. 862A and Section 18-1.3-401.5 and Section 4 of Article 18 of Title 18 of the C.R.S.  on or after July 1, 1997, unless the county department has determined that the person has taken action toward rehabilitation, such as, but not limited to, participation in a drug treatment program;
3. Assistance units with an adult participating in a strike; and,
4.  Qualified legal non-citizens or those who are not federally exempt, who entered the United States on or after August 22, 1996, are ineligible for cash assistance for five (5) years from date of entry into the United States.

In addition to the basic cash assistance grant, county departments of human/social services may provide other assistance in the form of additional non-recurrent short term benefits, services, and incentives to clients above the basic benefit level, as outlined in their county policy.

To receive benefits, an assistance unit may consist of the dependent child, siblings of the dependent child, and a specified caretaker (such as parents or grandparents, etc.). A dependent child is a child under age 18 or between 18 and 19 who is expected to graduate from high school or complete high school equivalency prior to his/her 19th birthday.

Every household receiving TANF assistance is raising a child. There are three primary family types receiving Colorado Works assistance:

• Two parent households or single parent households with at least one child (including pregnant women without other children)

• Child(ren) living with a caretaker where the child(ren) and the caretaker are also receiving benefits

• Child(ren) living with a caretaker whereby benefits are to support the child(ren), but not the adult(s) in the household (referred to as child-only households)

A caretaker is a person who exercises responsibility for the child and may or may not be related to that child. Dependent child(ren) must live with a caretaker; except:

• Child(ren) receiving family preservation services or receiving services as outlined in Colorado’s approved Title IV-A State Plan in effect as of September 30, 1995, or

• The child or the caretaker is temporarily absent from the home to receive medical treatment, or

• The child is under the jurisdiction of the court, or

• Legal custody is held by an agency that does not have physical custody of the child, or

• The child is in regular attendance at a school away from home. 

Persons living in the household who are financially responsible for members of the assistance unit, but who are not required to be in the unit, will have their income, minus the employment disregard, deemed available to the family unit. The income disregard at initial application is $90; once eligibility has been established, 67% of income will be disregarded during the certification period (up to six months). The generous disregard after eligibility has been determined is intended to support a transition to employment for families receiving assistance, allowing access to not only basic cash, but also case management and supportive payments that are critical during early attachment to work. Non-monetary services may also be provided to a non-custodial parent according to program rules, as outlined in county policy.

Appeals: All programs and services under the Colorado Works program are implemented in a fair and equitable manner. This includes ensuring the correct use of any adverse actions towards clients of Colorado Works whose basic cash assistance benefits have been denied, reduced or discontinued. A client may appeal such decisions through the appeals process established by CDHS.

All disputes and complaints begin at the county level. Clients are informed of their appeal rights at application and when any adverse action is taken on his/her case. Individuals who believe that an agency decision regarding the receipt of benefits or services is incorrect may appeal the action. A client who disagrees with a proposed action has the right to a local level dispute resolution conference, which must be requested within ninety (90) days from the date the notice of proposed action was mailed. The client may also choose to forego the county local level dispute resolution conference and may request a State level fair hearing before a State Administrative Law Judge. The client may also pursue both methods of appeal simultaneously. If the client chooses to have a local level dispute resolution conference, and is dissatisfied with the outcome of the local dispute resolution conference, a State level fair hearing before a State Administrative Law Judge can take place if a request is received no later than 90 calendar days after the date the notice of proposed action was mailed by the county department/agency. Judicial review of the final agency decision in the appropriate State district court, after exhausting the administrative appeals rights, may be granted.

If the client is receiving Colorado Works and appeals either to the county or to the State prior to the benefits ending (during the prior notice period), the benefits will be continued at the prior amount through recertification or outcome of the appeal/conference. Continued benefits will be authorized unless the client states in writing that the continued benefits are being waived.