State Codes and Statutes

Statutes > Utah > Title-35a > Chapter-03 > 35a-3-302

35A-3-302. Eligibility requirements.
(1) The program of cash assistance provided under this part is known as the FamilyEmployment Program.
(2) (a) The division shall submit a state plan to the Secretary of the United StatesDepartment of Health and Human Services to obtain federal funding under the TemporaryAssistance for Needy Families Block Grant.
(b) The division shall make the plan consistent with this part and federal law.
(c) If a discrepancy arises between a provision of the state plan and this part, this partsupersedes the provision in the state plan.
(3) The services and supports under this part are for both one-parent and two-parentfamilies.
(4) To be eligible for cash assistance under this part, a family shall:
(a) have at least one minor dependent child; or
(b) have a parent who is in the third trimester of a pregnancy.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment shall make rules for eligibility and the amount of cash assistance a family is eligibleto receive under this part based on:
(a) family size;
(b) family income;
(c) income disregards; and
(d) other relevant factors.
(6) The division shall disregard money on deposit in an Individual Development Accountestablished under Section 35A-3-312 in determining eligibility.
(7) The department shall provide for an appeal of a determination of eligibility inaccordance with Title 63G, Chapter 4, Administrative Procedures Act.
(8) (a) The department shall make a report to either the Legislature's ExecutiveAppropriations Committee or the Commerce and Workforce Services AppropriationsSubcommittee on any proposed rule change made under Subsection (5) that would modify theeligibility requirements or the amount of cash assistance a family would be eligible to receive.
(b) The department shall submit the report prior to implementing the proposed rulechange and the report shall include:
(i) a description of the department's current practice or policy that it is proposing tochange;
(ii) an explanation of why the department is proposing the change;
(iii) the effect of an increase or decrease in cash benefits on families; and
(iv) the fiscal impact of the proposed change.
(c) The department may use the Notice of Proposed Rule Amendment form filed with theDivision of Administrative Rules as its report so long as the notice contains all the informationrequired under Subsection (8)(b).

Amended by Chapter 55, 2009 General Session