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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. Two-thirds of a participant’s income gets disregarded for ongoing benefit calculation
3. Two parents are treated the same as single parent families;
4. 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 participant to work with child support services, to ensure child(ren) receive financial supports
3. Expectant parents that can prove pregnancy are eligible; and
4. All work eligible individuals must sign and participate in an individualized plan for employment.

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

1. Fugitive or fleeing felons, parole violators, or probation violators;
2. Specified caretakers who fail to report, without good cause within normal program reporting requirements, a child(ren) who is expected to be out of the home for longer than forty-five (45) calendar days will be ineligible for assistance for ninety (90) calendar days from the date that it is determined he or she should have reported the expected absence;
3. Persons convicted of a drug-related felony 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;
4. Persons participating in a strike;
5. 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 benefits, services, and incentives to participants above the basic benefit level, as outlined in their county policy.

Dependent child(ren) must live with a specified caretaker; except for child(ren) receiving family preservation services or child(ren) receiving services as outlined in Colorado’s approved Title IV-A State Plan in effect as of September 30, 1995. A specified caretaker is a person who exercises responsibility for the child and may or may not be related to that child.

To receive benefits, an assistance unit may consist of the dependent child, siblings of the dependent child, and 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 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
• Child(ren) living with a relative or caretaker where the child(ren) and the relative or caretaker are also receiving benefits
• Child-only participants are child(ren) living with a relative or caretaker whereby benefits are to support the child(ren), but not the adult(s) in the household

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 services that are critical during early attachment to work.

Services are provided to child(ren) in out of home placement or in juvenile justice facilities in accordance with the provisions of the approved Emergency Assistance State Plan in effect on September 30, 1995. 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 applicants and participants of Colorado Works whose basic cash assistance benefits have been denied, reduced or discontinued. An applicant and/or participant may appeal such decisions through the appeals process established by CDHS.

All disputes and complaints begin at the county level. Participants 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 adverse action. An applicant or recipient who disagrees with a proposed action has the right to a local level dispute resolution conference, which must be requested prior to the effective date of the proposed action. If the individual does not wish to utilize the local/county conference to resolve the dispute, they may request a State level fair hearing before an Administrative Law Judge. If the individual is dissatisfied with the outcome of the local dispute resolution conference, a State level fair hearing before an 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 appellant is receiving financial assistance, medical assistance, social services, or basic cash assistance under the Colorado Works Program at any time a conference or hearing is requested, all benefits will continue, pending the outcome of the State level fair hearing and final agency decision, if the request for local conference and or State level fair hearing is made prior to the effective date of the proposed action being appealed or the 10 day period for appealing a county dispute resolution decision to the State department. Continued benefits will be authorized unless the recipient states in writing that the continued benefits are being waived.

A Colorado Works participant receiving basic cash assistance will have benefits continued if an appeal is filed timely and in accordance with the rules and regulations established by CDHS. If a recipient requests a local dispute resolution conference or State level fair hearing within the noticing period, financial assistance under the Colorado Works program will continue during the dispute resolution process or State level appeal period until the final agency decision is entered or the recipient voluntarily abandons the appeal or discontinues benefits.

Any county employee complaints are heard by the Colorado Department of Labor and Employment.