205.193 Cabinet to establish and maintain policies and practices -- Restrictions on
358 words·~2 min read·
/ky/205-193A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
recipient's use of cash assistance benefits -- Penalties -- Duties of cabinet.
(1)The cabinet shall establish and maintain policies and practices necessary to ensure
compliance with 42 U.S.C. sec. 608(a)(12).
(2)If a cash recipient of public assistance benefits uses an automated teller machine or
any other means or device to withdraw cash using an electronic benefit transfer card
issued by the cabinet, that cash may only be used for goods and services necessary
for the welfare of the family, including but not limited to food, clothing, housing,
utilities, child care, transportation, medicine, and medical supplies.
(3)If in the normal course of operations, the cabinet finds that an individual has
violated subsection
(2)of this section, the cabinet:
(a)Shall through any means practical and to the extent permitted under state and
federal law, including but not limited to garnishment of future cash assistance
benefits, seek recoupment from the individual of any funds used in violation
of subsection
(2)of this section; and
(b)May:
1. Impose a fine on the individual in an amount not to exceed five hundred
dollars ($500);
2. Upon the first violation, disqualify the individual from receiving public
assistance benefits by means of a direct cash payment or an electronic
benefits transfer card for not more than one
(1)month;
3. Upon the second violation, disqualify the individual from receiving
public assistance benefits by means of a direct cash payment or an
electronic benefits transfer card for not more than three
(3)months; and
4. Upon the third violation, disqualify the individual from receiving public
assistance benefits by means of a direct cash payment or an electronic
benefits transfer card for not more than one
(1)year.
(4)The cabinet shall:
(a)Through any means practical, inform all applicants for, and cash recipients of,
public assistance benefits of the restrictions and sanctions contained in this
section;
(b)Investigate cases in which it believes cash benefits may be being used in
violation of subsection
(2)of this section; and
(c)Within ninety
(90)days after July 14, 2022, promulgate administrative
regulations in accordance with KRS Chapter 13A necessary to administer this
section.