Tracking# 2013-00905
FA/E 10/4/13, eff. 12/1/13
(Former TN 2013-00960 
Emergency 9/6/13, eff. 10/1/13)

I:/13051402.rtf
(I:/13051402.doc)

(10 CCR 2506-1) 

[Instructions: insert both paragraphs before line 1514142.]
Revisions to Sections B-4100, B-4220.11 and B-4220.12, B-4223.1, B-4223.5 and B-4223.51 were final (permanent) adoption of prior emergency rules at the 10/4/2013 State Board meeting (Rule-making# 13-5-14-2), with an effective date of 12/1/2013. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporate by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration. 
Revisions to Sections B-4010.12, B-4230 through B-4230.1, and B-4430.4 were adopted as emergency at the 10/4/2013 State Board meeting (Rule-making# 13-8-19-1), with an effective date of 11/1/2013. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporate by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration.

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[Instructions: replace lines 2432458 through 2432465.]
B-4100  FOOD ASSISTANCE APPLICANT HOUSEHOLDS [Rev. eff. em. 10/1/13; final 12/1/13]
An application shall be submitted on behalf of a household. A household may be composed of any of the following individuals or groups of individuals: 
A.  An individual living alone.
B.  An individual living with others but customarily purchasing food and preparing meals for home consumption separate and apart from the other.
C.  A group of individuals living together for whom food is customarily purchased in common and for whom meals are prepared together for home consumption.
D.  An individual who is sixty (60) years of age or older, and the spouse of such individual, living with others, who is unable to purchase and prepare meals because he/she suffers from a disability considered permanent under the Social Security Act or suffers from a non-disease-related, severe, permanent disability. However, the income (all nonexempt earned and unearned income) of the other members (excluding the disabled person and spouse) with whom the individual resides cannot exceed one hundred sixty five percent (165%) of the federal poverty level according to household size as shown below: 

GROSS MONTHLY INCOME STANDARD FOR 165% OF THE FEDERAL POVERTY LEVEL	
Household Size	Effective October 1, 2012	Effective October 1, 2013	
1	$1,536	$1,580	
2	$2,081	$2,133	
3	$2,625	$2,686	
4	$3,170	$3,239	
5	$3,714	$3,791	
6	$4,259	$4,344	
7	$4,803	$4,897	
8	$5,348	$5,450	
Each Additional Member	+ $545	+ $553	

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[Instructions: replace lines 2432526 through 2432538.]
B-4220.11  Net Income for Eligibility [Rev. eff. em. 10/1/13; final 12/1/13]
All households except those who are eligible under basic categorical eligibility, whose income does not exceed the gross income level as outlined in Section B-4220.12, “Gross Income Eligibility Determination”, shall have their eligibility for benefits computed allowing the earned income, standard, dependent care, and shelter deductions, as appropriate. The household shall be eligible only if its monthly gross income, less the allowable food assistance deductions, is below the maximum net eligibility level. A household that exceeds the eligibility level must be denied.
A household that is ineligible for either expanded or basic categorical eligibility and includes a member who is elderly or is a person with a disability, as defined in Section B-4214.1, “Exemptions from the Boarding House and Institution Prohibitions”, Subsection C, shall be eligible for food assistance benefits if its monthly nonexempt earned and unearned income, less all applicable deductions, including the earned income, standard, medical, dependent care and unlimited excess shelter deduction, does not exceed the maximum net income level as outlined below. 
If a household contains a member who is fifty-nine (59) years old on the date of application, but who will become sixty (60) years of age before the end of the month of application, the food assistance office shall determine the household's eligibility as if the person is sixty (60) years of age. 

NET MONTHLY INCOME STANDARD FOR 100% OF THE FEDERAL POVERTY LEVEL	
Household Size	Effective October 1, 2012	Effective October 1, 2013	
1	$931	$958	
2	$1,261	$1,293	
3	$1,591	$1,628	
4	$1,921	$1,963	
5	$2,251	$2,298	
6	$2,581	$2,633	
7	$2,911	$2,968	
8	$3,241	$3,303	
Each additional member	+ $330	+ $335	

B-4220.12  Gross Income Eligibility Determination [Rev. eff. em. 10/1/13; final 12/1/13]
A household, except those eligible under basic categorical eligibility, that does not include a member who is elderly or is a person with a disability, as defined in Section B 4214.1, “Exemptions from the Boarding House and Institution Prohibitions”, Subsection C, may be eligible if its monthly non-exempt earned and unearned income does not exceed the gross income level. The gross income level for households that do not include a member who is elderly or a person with a disability is one hundred thirty percent (130%) of the federal poverty level. The gross income level for households eligible under expanded categorical eligibility that include an elderly or disabled member is two hundred percent (200%) of the federal poverty level. The gross income level for one hundred thirty percent (130%) of the federal poverty level and two hundred percent (200%) of the federal poverty level is outlined below. 
Except for households that are eligible under basic categorical eligibility, a household without an elderly or a person with a disability shall be ineligible for food assistance if its monthly income, before deductions, exceeds the gross income level. In such case, there is no computation to consider deductions. Instead, a Notice of Action is completed to deny the household.

GROSS MONTHLY INCOME ELIGIBILITY STANDARD FOR 130% OF THE FEDERAL POVERTY LEVEL	
Household Size	Effective October 1, 2012	Effective October 1, 2013	
1	$1,211	$1,245	
2	$1,640	$1,681	
3	$2,069	$2,116	
4	$2,498	$2,552	
5	$2,927	$2,987	
6	$3,356	$3,423	
7	$3,785	$3,858	
8	$4,214	$4,294	
Each additional member	+ $429	+ $436	

GROSS MONTHLY INCOME ELIGIBILITY STANDARD FOR 200% OF THE FEDERAL POVERTY LEVEL	
Household Size	Effective October 1, 2012	Effective October 1, 2013	
1	$1,862	$1,916	
2	$2,522	$2,586	
3	$3,182	$3,256	
4	$3,842	$3,926	
5	$4,502	$4,596	
6	$5,162	$5,266	
7	$5,822	$5,936	
8	$6,482	$6,606	
Each additional member	+ $660	+ $670	

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[Instructions: replace lines 2432539 through 2432542.]
B-4223.1  STANDARD AMOUNT [Rev. eff. em. 10/1/13; final 12/1/13]
A standard deduction of 8.31% of the Federal poverty income guidelines for the household size will be used to calculate the amount allowed to all households. The established standard amount will be adjusted annually as announced by the Food and Nutrition Service, USDA. The calculation of 8.31% of the Federal poverty income guidelines for eligible members will be used for all households up to the household size of six. All households with 6 or more eligible members will use the six person standard deduction. 

Standard Deduction Amount	
Household Size	1-3	4	5	6+	
Effective October 1, 2012	$149	$160	$187	$214	
Effective October 1, 2013	$152	$163	$191	$219	

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[Instructions: replace lines 2432543 through 2432547.]
B-4223.5  EXCESS SHELTER [Rev. eff. em. 10/1/13; final 12/1/13]
A.  Households shall receive a deduction for the allowable monthly shelter costs that are in excess of fifty percent (50%) of the household's income after all other deductions. Shelter expenses are allowed as billed to a household member or as paid or billed to a disqualified individual. Shelter costs that are paid by or billed to a person disqualified for fraud shall be allowed as a deduction for eligible members in their entirety. Shelter costs, paid or billed to a person disqualified for being an ineligible non-citizen or for failure to provide a Social Security number shall be divided evenly among all household members and the disqualified individual. All except the disqualified person's pro rata share is counted as a shelter cost of the household.
B.  The shelter deduction cap shall not exceed the amount listed below. The shelter limit applies to households that do not contain an elderly and/or a disabled member. Elderly or disabled members are defined in Section B 4214.1, “Exemptions from the Boarding House and Institution Prohibitions”, Subsection C. Those households containing an elderly or disabled individual shall receive an excess shelter deduction for the monthly cost of shelter that exceeds fifty percent (50%) of the household's monthly income after all other applicable deductions.

Shelter Deduction Cap	
Effective October 1, 2012	$469	
Effective October 1, 2013	$478	

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[Instructions: replace lines 2432557 through 2432590.]
B 4223.51  Four Tiered Mandatory Standard Utility Allowance [Rev. eff. em. 10/1/13; final 12/1/13]
Effective October 1, 2008, a four tiered mandatory standard utility allowance deduction will be implemented in determining a household’s excess shelter deduction.
A.  Households cannot claim actual utility expenses and are only entitled to one of the four utility allowances.
B.  No utility expenses can be allowed as an income exclusion for self-employed households when a mandatory utility allowance is given to the household.
C.  The four tiers are as follows: 
1.  Heating and Cooling Utility Allowance (HCUA)
“Cooling costs” are defined as utility expenses relating to the operation of air conditioning systems, room air conditioners, swamp coolers or evaporative coolers. Fans are not an allowable cooling cost.
A heating and cooling utility allowance (HCUA) is available only to households who:
a.  Incur or anticipate a heating or cooling expense separate and apart from their rent or mortgage.
b.  Received a Low-Income Energy Assistance Program (LEAP) payment at their current residence.
c.  Live in private rental housing and are billed by their landlords on the basis of individual usage or are charged a flat rate separately from their rent for heating and cooling.
d.  Share a residence and who incur at least a portion of the heating or cooling cost; each household will be entitled to the full HCUA.
e.  Live in public housing and are responsible for excess heating and/or cooling costs.
A food assistance household, which incurs or anticipates a heating or cooling expense on an irregular basis, may continue to receive the HCUA between billing periods. For example, a food assistance household who heats with electricity three months a year is allowed the HCUA year-round. A food assistance household who buys fuel oil once a year for heating is allowed the HCUA year-round.
Operation of a space heater, electric blanket, heat lamp, cooking stove and the like when used as a supplemental heating source are allowable electricity costs when determining eligibility for the Basic Utility Allowance (BUA), but do not qualify a household for the HCUA. 
The amount of the HCUA deduction is as follows: 

Effective October 1, 2012	$448	
Effective October 1, 2013	$453	

2.  Basic Utility Allowance (BUA)
The Basic Utility Allowance (BUA) is mandated for any households that are not entitled to the HCUA (do not incur a heating or cooling expense) and that incur at least two non-heating or non-cooling utility costs, such as electricity, water, sewer, trash, cooking fuel, or telephone.
If more than one assistance group shares in paying non-heating or non-cooling utility costs of the dwelling, the full BUA will be allowed for each assistance group sharing in the utility costs.
The amount of the BUA deduction is as follows: 

Effective October 1, 2012	$283	
Effective October 1, 2013	$286	

3.  One Utility Allowance (OUA)
Households must be responsible for only one non-heating or one non-cooling utility expense. The OUA is not allowed if the household’s only utility expense is a telephone.
If more than one assistance group shares in paying one non-heating or one non-cooling utility costs of the dwelling, the full OUA will be allowed for each assistance group sharing in the utility costs. 
The amount of the OUA deduction is as follows: 

Effective October 1, 2012	$53	
Effective October 1, 2013	$54	

4.  Telephone Allowance
The telephone allowance is available to households whose only utility expense is for a telephone.
If more than one assistance group shares in paying the telephone expense and that is the only utility expense of the dwelling, the full phone standard will be allowed for each assistance group sharing in the telephone expense. 
The amount of the telephone allowance is as follows:

Effective October 1, 2012	$72	
Effective October 1, 2013	$73	
The HCUA, BUA, OUA, and telephone allowance shall be reviewed annually and adjusted each year, based on Federal approval, to reflect Colorado's increased cost of utilities.

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