Utah Code Ann. § 35A-3-302 – Eligibility requirements.

(1) There is created the "Family Employment Program" to provide cash assistance under this part.
(2)
1. (a) The department shall submit a state plan to the Secretary of the United States Department of Health and Human Services to obtain funding under the federal Temporary Assistance for Needy Families Block Grant.
2. (b) The department shall make the state plan consistent with this part and federal law.
3. (c) If a discrepancy exists between a provision of the state plan and this part, this part supersedes the provision in the state plan.
(3) The services provided under this part are for both one-parent and two-parent families.
(4) To be eligible for cash assistance under this part, a family shall:
1. (a) have at least one minor dependent child; or
2. (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, the department shall make rules for eligibility and the amount of cash assistance a family is eligible to receive under this part based on:
1. (a) family size;
2. (b) family income;
3. (c) income disregards;
4. (d) other relevant factors; and
5. (e) if the applicant has met the eligibility requirements under Subsections (5)(a) through (d), the assessment and other requirements described in Sections 35A-3-304 and 35A-3-304.5.
(6) To determine eligibility, the department may not consider money on deposit in an Individual Development Account established under Section 35A-3-312.
(7) The department shall provide for an appeal of a determination of eligibility in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(8)
1. (a) The department shall make a report to the Social Services Appropriations Subcommittee on any proposed rule change made under Subsection (5) that would modify the:
  1. (i) eligibility requirements for cash assistance; or
  2. (ii) amount of cash assistance a family is eligible to receive.
2. (b) The department shall submit the report under Subsection (8)(a) prior to implementing the proposed rule change.
3. (c) The report under Subsection (8)(a) shall include:
  1. (i) a description of the department's current practice or policy that it is proposing to change;
  2. (ii) an explanation of why the department is proposing the change;
  3. (iii) the effect of an increase or decrease in cash benefits on families; and
  4. (iv) the fiscal impact of the proposed change.
4. (d) The department may use the Notice of Proposed Rule Amendment form filed with the Office of Administrative Rules as its report if the notice contains the information required under Subsection (8)(c).
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to ensure that:
1. (a) a recipient of assistance from the Family Employment Program:
  1. (i) has adequate access to the assistance;
  2. (ii) has the ability to use and withdraw assistance with minimal fees or surcharges, including the opportunity to obtain assistance with no fees or surcharges;
  3. (iii) is provided information regarding fees and surcharges that may apply to assistance accessed through an electronic fund transaction; and
  4. (iv) is provided information explaining the restrictions on accessing assistance described in Subsection (10); and
2. (b) information regarding fees and surcharges that may apply when accessing assistance from the Family Employment Program through an electronic fund transaction is available to the public.
(10) An individual receiving assistance under this section may not access the assistance through an electronic benefit transfer, including through an automated teller machine or point-of-sale device, in an establishment in the state that:
1. (a) exclusively or primarily sells intoxicating liquor;
2. (b) allows gambling or gaming; or
3. (c) provides adult-oriented entertainment where performers disrobe or perform unclothed.
(11) An establishment described under Subsection (10)(a), (b), or (c) may not allow an individual to access the assistance under this section on the establishment's premises through an electronic benefit transfer, including through an automated teller machine or point-of-sale device.
(12) In accordance with federal requirements and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to prevent individuals from accessing assistance in a manner prohibited by Subsections (10) and (11), which rules may include enforcement provisions that impose sanctions that temporarily or permanently disqualify an individual from receiving assistance.

Amended by Chapter 193, 2016 General Session