§ 26-2-114 — Amount of assistance payments - old age pension

Colorado § 26-2-114

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Public Assistance

Text

(1) The basic
minimum award payable to those persons qualified to receive an old age pension
shall be one hundred dollars monthly; but the state board may adjust the said basic
minimum award above one hundred dollars if, in its discretion, living costs have
changed sufficiently to justify such adjustment.

(2) (a) and (a.5) Repealed.

(b) (I) The amount of net income from whatever source, either in cash or in
kind, which any person qualified for an old age pension may receive shall be
deducted from the amount of monthly pension which such person would otherwise
receive. The rules and regulations of the state department may require an applicant
or recipient who may be eligible for benefits under another federal or state program
or who may have a right to receive or recover other income or resources to take
reasonable steps to apply for, otherwise pursue, and accept such benefits, income,
or resources.

(II) In computing said net income, the county department shall not consider
the ownership of real estate occupied as a residence by the recipient as income. In
addition, in computing said net income, the county department shall not consider as
income funds received by or on behalf of the recipient from the federal government
for rent supplementation or relocation payments or income earned by the recipient
up to the maximum extent allowed by Title I, section 2, of the social security act.

(III) Whenever the United States congress shall provide by law for a
retroactive increase in monthly benefits under the old age, survivors, and disability
provisions of the social security act, or for a retroactive increase in monthly benefits
under the railroad retirement act, and the amount of such retroactive increase in
monthly benefits shall be subsequently paid to an old age pension recipient in a
lump sum, then the amount of such lump sum payment shall not be considered as
income and shall not be deducted from the amount of monthly pension otherwise
payable to such recipient for the month in which such lump sum payment is
received.

(IV) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered
as income for purposes of this title unless required by federal law.

Legislative History

Source: L. 73: R&RE, p. 1188, � 2. C.R.S. 1963: � 119-3-14. L. 75: (2)(b)(I) amended, p. 889, � 7, effective July 28. L. 77: (2)(b)(IV) added, p. 1346, � 1, effective May 26. L. 78: (2)(a) R&RE, p. 436, � 1, effective May 4. L. 79: (2)(a.5) added, p. 1439, � 24, effective July 3. L. 83: (2)(a) amended, p. 1130, � 6, effective June 3; (2)(a.5) amended, p. 2101, � 17, effective October 13. L. 87: (2)(a.5) repealed, p. 1159, � 1, effective July 1. L. 91: (2)(a) amended, p. 1857, � 16, effective April 11; (2)(a) amended, p. 1897, � 9, effective July 1. L. 91, 2nd Ex. Sess.: (2)(a) amended, p. 81, � 2, effective October 16. L. 93: (2)(a)(II)(B) repealed, p. 333, � 2, effective April 12; (2)(a)(I) and (2)(a)(II)(A) amended, p. 1147, � 87, effective July 1, 1994. L. 94: (2)(a) amended, p. 1561, � 9, effective July 1; (2)(a)(I) and (2)(a)(II)(A) amended, p. 2625, � 47, effective July 1. L. 2006: (2)(a) amended, p. 1994, � 22, effective July 1. L. 2010: (2)(a)(I) and (2)(a)(II)(A) repealed, (HB 10-1146), ch. 281, p. 1302, � 1, effective January 1, 2011.