(1) No person shall be
granted public assistance in the form of assistance payments under this article
unless such person meets all of the following requirements:
(a) The person is a resident of the state of Colorado or, if a dependent child,
the parent or other relatives with whom said child is living is a resident of the state
of Colorado or the person is a legal immigrant who would be otherwise eligible in all
respects except for citizenship;
(b) The person has insufficient income, property, or other resources to meet
his or her needs as determined pursuant to rules and regulations of the state
department; except that resource eligibility for the program of aid to the needy
disabled shall be as specified in paragraph (d) of subsection (4) of this section,
resource eligibility for the program of aid to the blind shall be as specified in
subparagraph (III) of paragraph (a) of subsection (5) of this section, and resource
eligibility requirements for the old age pension program shall be as specified in
paragraph (a) of subsection (2) of this section;
(c) (I) The person has not made a voluntary assignment or transfer of
property without fair and valuable consideration for the purpose of rendering
himself or herself eligible for public assistance under this article at any time within
thirty-six months immediately prior to the filing of application for such assistance
pursuant to the provisions of this article; or, in the case of a person already
receiving public assistance under this article, the person has not made any such
transfer during the time the person has been receiving such public assistance; but,
if any such assignment or transfer is made during such thirty-six month period or
during such time that public assistance is being received, there is a rebuttable
presumption that the assignment or transfer was made for such purpose; but,
within such period of time, a person may assign or transfer the ownership of real
property owned and used as a residence by such person if:
(A) The transfer or assignment is made for reasons other than to become or
remain eligible for public assistance under this article;
(B) The primary purpose of the transfer or assignment is not to acquire
moneys or profit but is for some other legitimate reason such as estate planning.
(II) Nothing in this paragraph (c) shall be construed to prohibit a person from
selling, transferring, or assigning his or her real estate in a bona fide transaction for
good and valuable consideration.
(d) The person is not an inmate of a public institution, except as a patient in a
public medical institution, or is not a patient in any institution for tuberculosis or
mental diseases, or is not a patient in any medical institution as a result of having
been diagnosed as having tuberculosis or psychosis; but the provisions of this
paragraph (d) shall not be applicable to or in any way affect the class of old age
pension recipients provided for in subsection (2)(a)(III) of this section.
(2) Old age pension. (a) Except as provided in paragraphs (c) and (d) of this
subsection (2), public assistance in the form of the old age pension shall be granted
to any person who meets the requirements of subsection (1) of this section and any
one of the following requirements:
(I) The person is a United States citizen or a qualified alien, has attained the
age of sixty years or more, and meets the resource eligibility requirements of the
federal supplemental security income program; or
(II) Repealed.
(III) The person is an inmate of an institution, not penal in character,
maintained by the state or by a municipality therein or county thereof, and the
person has attained the age of sixty years or more. The period of confinement as a
patient in such institution shall be considered as residence in the state of Colorado.
(b) An applicant or recipient of the old age pension who is otherwise
qualified shall not be denied the old age pension by reason of the fact that relatives
may be financially able to contribute to his or her support and maintenance; except
that income and resources of the spouse of an applicant or recipient of the old age
pension or of a sponsor of an applicant or recipient of the old age pension who is a
qualified alien shall be considered in determining eligibility pursuant to rules of the
state department.
(c) (I) Except as otherwise provided in subparagraphs (II) and (III) of this
paragraph (c), a qualified alien shall not be granted the old age pension under the
provisions of this subsection (2) unless it is shown that:
(A) (Deleted by amendment, L. 2010, (HB 10-1384), ch. 218, p. 954, � 4,
effective January 1, 2014.)
(B) The qualified alien meets the requirements specified in section 26-2-111.8
(2)(a) relating to entry into the United States prior to August 22, 1996, or the
requirements specified in section 26-2-111.8 (2)(b) regarding the five-year bar on
receipt of benefits; and
(C) The qualified alien meets the requirements specified in section 26-2-111.8
(2)(c) regarding the deeming of sponsor income and resources.
(II) The requirements in subparagraph (I) of this paragraph (c) do not apply to
a qualified alien who meets the eligibility criteria for the old age pension in
paragraph (a) of this subsection (2) if it is determined pursuant to rules of the state
department that:
(A) The qualified alien has been abandoned by or is a victim of mistreatment
by his or her sponsor or is an abused spouse and would incur a significant financial
hardship; or
(B) The qualified alien who does not have a sponsor would have insufficient
income to support himself or herself or would otherwise incur a significant financial
hardship; or
(C) The person who sponsored the qualified alien's entry into the United
States and who satisfied sponsorship financial requirements at the time of initial
sponsorship now has insufficient income and resources to meet the needs of the
qualified alien.
(III) The requirements in subparagraph (I) of this paragraph (c) do not apply
to a qualified alien who meets the eligibility criteria for the old age pension in
paragraph (a) of this subsection (2) and who is also eligible for federal financial
benefits pursuant to Title XVI of the federal Social Security Act.
(d) (I) A person who is a member of a household that is receiving public
assistance under the Colorado works program pursuant to part 7 of this article shall
not be eligible to receive public assistance pursuant to this subsection (2).
(II) (Deleted by amendment, L. 2010, (HB 10-1043), ch. 92, p. 315, � 8,
effective April 15, 2010.)
(3) Colorado works program. (a) By signing an application for the works
program created in part 7 of this article, a person assigns, by operation of law, to
the state department all rights the applicant may have to support from any other
person on his or her own behalf or on behalf of any other family member for whom
application is made. For the purposes of this subsection (3), the assignment:
(I) Is effective for current support due and owing during the period of time
the person is receiving public assistance under the works program;
(II) Takes effect upon a determination that the applicant is eligible for the
works program; and
(III) Shall remain in effect with respect to any unpaid support that accrues
under the assignment, up to the amount of the cost of assistance provided.
(IV) (Deleted by amendment, L. 2009, (SB 09-053), ch. 137, p. 594, � 1,
effective October 1, 2009.)
(a.5) Notwithstanding any provision of this subsection (3), and except as
provided in section 26-2-108 (1)(b)(II), effective January 1, 2017, the state
department shall pay to the recipient the current child support collected pursuant
to the assignment. The state department shall disregard the amount of child
support paid to the recipient pursuant to this paragraph (a.5) in calculating the
amount of the recipient's basic cash assistance grant pursuant to part 7 of this
article. However, such payments, with applicable disregards, shall be considered
income for purposes of determining eligibility.
(b) The application shall contain a statement explaining this assignment and
the payment to the recipient of child support pursuant to paragraph (a.5) of this
subsection (3).
(c) Notwithstanding any provision of paragraph (a) of this subsection (3),
assignments made prior to October 1, 2009, may include support arrearages that
accrued prior to the date the applicant is determined to be eligible for the works
program.
(3.5) (a) Repealed.
(b) (Deleted by amendment, L. 97, p. 1232, � 19, effective July 1, 1997.)
(4) Aid to the needy disabled. Public assistance in the form of aid to the
needy disabled must be granted to any person who meets the requirements of
subsection (1) of this section and all of the following requirements:
(a) He or she has a total disability, as defined by section 26-2-103 (14) and
the rules and regulations of the state department, that has lasted or can be
expected to last for a period of six months or more or he or she is determined to be
disabled and eligible for social security disability insurance benefits under Title II of
the social security act.
(b) He or she is eighteen years of age or older.
(b.5) (I) He or she has applied for supplemental security income benefits and
complied with any recommendations for referrals made by the county department
except for good cause shown.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b.5)
to the contrary, the state department may promulgate rules allowing a county to
waive the requirement that a person apply for supplemental security income
benefits prior to receiving aid to the needy disabled under such conditions and for
such period of time as the state department deems appropriate to ensure that a
person has the opportunity to submit a thorough and complete supplemental
security income benefits application.
(c) (I) The person is not a member of a household receiving public assistance
under the aid to families with dependent children program set forth in this article.
For the purposes of this paragraph (c), household has the same meaning as
assistance unit as used in 45 CFR 205.40 (a)(1), as amended.
(II) (A) The provisions of subparagraph (I) of this paragraph (c)
notwithstanding, on and after January 1, 1992, a supplemental payment funded by
state and county funds shall be paid to households that have received public
assistance payments for the month of December 1991, under both the aid to
families with dependent children program set forth in this article and the aid to the
needy disabled program set forth in this subsection (4). The supplemental payment
shall be in an amount as will maintain the household's total income at the same
level as in December 1991.
(B) The supplemental payment shall be paid only if the household remains
continuously eligible to receive public assistance under both the aid to families with
dependent children program set forth in this article and the aid to the needy
disabled program set forth in this subsection (4).
(d) He or she meets the resource eligibility requirements of the federal
supplemental security income program.
(e) If the applicant is disabled as a result of a primary diagnosis of a
substance use disorder, the applicant, as conditions of eligibility, is required to:
(I) Participate in treatment services approved by the behavioral health
administration in the state department; and
(II) Demonstrate on a periodic and random basis that he or she remains free
of the use of alcohol or any nonprescribed controlled substance on a form verified
by the treatment program. Any person whose random test results are positive two
times in any three-month period shall be denied eligibility.
(f) A person who is disabled as a result of a primary diagnosis of an alcohol
or substance use disorder is not eligible for aid to the needy disabled based upon
that primary diagnosis if the person has received aid to the needy disabled based
upon such diagnosis for any cumulative twelve-month period in the person's
lifetime.
(5) Aid to the blind. (a) For the purpose of providing public assistance to
those not receiving federal financial benefits pursuant to Title XVI of the social
security act, public assistance in the form of aid to the blind shall be granted to any
person who meets the requirements of subsection (1) of this section and who:
(I) Is blind as defined by section 26-2-103 (3) or is determined to be blind and
eligible for social security disability insurance benefits under Title II of the social
security act; except that any person who is a member of a household that is
receiving public assistance under the aid to families with dependent children
program set forth in this article shall not be eligible to receive public assistance
pursuant to this subsection (5);
(II) Has applied for supplemental security income benefits and complied with
any recommendations for referrals made by the county department except for good
cause shown; and
(III) Meets the resource eligibility requirements of the federal supplemental
security program.
(b) For the purposes of this subsection (5), household has the same
meaning as assistance unit as used in 45 CFR 205.40 (b)(1), as amended.
(6) The provisions of section 26-2-111.8 shall apply in addition to the
provisions of this section in determining the eligibility for public assistance of
persons who are not citizens of the United States.
Source: L. 73: R&RE, p. 1183, � 2. C.R.S. 1963: � 119-3-11. L. 75: (4)(a)
amended, p. 889, � 6, effective July 28. L. 76: (2)(b) amended, p. 309, � 51, effective
May 20. L. 77: IP(1)(c), (4)(a), and (5) amended, p. 1344, � 4, effective May 26; (3)(c)
to (3)(e) R&RE and (3)(f) repealed, pp. 1339, 1341, �� 3, 5, effective July 1. L. 82: (3)(g) added, p. 281, � 6, effective April 2; (3)(b) amended, p. 426, � 2, effective July 1. L. 83: (2)(a)(I) and (2)(a)(III) amended and (2)(a)(II) repealed, p. 1119, �� 1, 2, effective
May 10. L. 88: (2)(c) added, p. 1053, � 2, effective April 16. L. 89, 1st Ex. Sess.: (3)(c)
to (3)(e) amended and (3.5) added, p. 39, � 5, effective July 25. L. 90: (3)(h) added, p.
1358, � 2, effective October 1. L. 91: (3)(d) and (3)(e) repealed, p. 1861, � 3, effective
July 1. L. 91, 2nd Ex. Sess.: IP(2)(a), (4), and (5) amended and (2)(d) added, pp. 92-94,
�� 1-3, effective January 1, 1992. L. 92: (3)(h) amended, p. 2143, � 1, effective July 1. L.
96: IP(1), (1)(b), (4), and (5) amended, p. 832, � 1, effective May 23; (4)(e) and (4)(f)
added, p. 993, � 3, effective May 23; (1) and (2)(a) amended, p. 1297, � 1, effective
June 1. L. 97: (1)(a) amended and (6) added, p. 1252, � 2, effective July 1; (3) and
(3.5)(b) amended, p. 1232, � 19, effective July 1; (3)(a) amended, p. 1287, � 32,
effective July 1. L. 2004: (3)(a)(III) amended, p. 387, � 4, effective July 1. L. 2006: (4)(a) amended, p. 1505, � 49, effective June 1. L. 2009: (3)(a) amended and (3)(c)
added, (SB 09-053), ch. 137, p. 594, � 1, effective October 1. L. 2010: (2)(d) amended,
(HB 10-1043), ch. 92, p. 315, � 8, effective April 15; (2)(a) and (2)(c) amended, (HB 10-1384), ch. 218, p. 951, � 1, effective July 1; (2)(b) and (2)(c) amended, (HB 10-1384), ch.
218, p. 954, �� 3, 4, effective January 1, 2014. L. 2011: (4)(e)(I) amended, (HB 11-1303),
ch. 264, p. 1169, � 72, effective August 10. L. 2014: (4)(b.5) amended, (SB 14-012), ch.
248, p. 959, � 2, effective August 6. L. 2015: (3)(a.5) added and (3)(b) amended, (SB
15-012), ch. 282, p. 1154, � 2, effective August 5. L. 2017: IP(4)(e) and (4)(e)(I)
amended, (SB 17-242), ch. 263, p. 1333, � 219, effective May 25. L. 2018: IP(4) and
(4)(f) amended, (SB 18-091), ch. 35, p. 389, � 33, effective August 8. L. 2022: IP(4)(e)
and (4)(e)(I) amended, (HB 22-1278), ch. 222, p. 1518, � 84, effective July 1.