Kentucky Statutes 205.220 – Payments, to whom made — Accounting — Exemption from assignment, levy or execution
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(1) Payments of public assistance grants for eligible individuals shall be made at the time and in the manner prescribed by regulation to:
(a) The needy aged or needy blind or needy permanently and totally disabled person or recipient; or
(b) The parent or relative with whom a needy child lives; or
(c) The parent or legal guardian of a blind minor; or
(d) The legal guardian of (a) or (b) above; or
(e) Such other persons on behalf of an eligible person as may be prescribed by regulation; or
(f) Committees appointed by the court and approved for payment purposes by the secretary according to prescribed regulations.
(2) Any person who is receiving and disbursing public assistance grants on behalf of another individual eligible under this chapter shall upon request make an accounting of such funds to the cabinet in accordance with regulations. If a public assistance grant made on behalf of a needy individual is not used for the benefit of such individual, such payment shall be suspended pending reasonable assurance that future grants will benefit the individual on whose behalf such payments are made.
(3) Public assistance shall not be assignable and shall be exempt from levy or execution. Furthermore, no assignment, pledge or encumbrance of any right to benefits due or payable under this chapter shall be valid. Public assistance benefits, as long as they are not mingled with other funds of the recipient, shall be exempt from any remedy for the collection of all debts, liens and encumbrances. No waiver of any exemption provided for in this subsection shall be valid.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 188, sec. 193, effective July 15, 1980. –Amended
1974 Ky. Acts ch. 74, Art. VI, sec. 107(21) and (29). — Amended 1972 Ky. Acts ch.
256, sec. 7. — Amended 1966 Ky. Acts ch. 134, sec. 5. — Amended 1956 Ky. Acts ch. 75, sec. 3. — Created 1950 Ky. Acts ch. 110, sec. 8.
(a) The needy aged or needy blind or needy permanently and totally disabled person or recipient; or
Terms Used In Kentucky Statutes 205.220
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 205.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Needy aged: means a person who has attained the age of sixty-five (65) and who is unable to provide for himself and who does not have otherwise provided for him a subsistence compatible with decency and health. See Kentucky Statutes 205.010
- Needy blind: means a person who has no vision or whose vision is so defective as to prevent the performance of ordinary activities for which eyesight is essential and who is unable to provide for himself and who does not have otherwise provided for him a subsistence compatible with decency and health. See Kentucky Statutes 205.010
- Needy child: means a child who has been deprived of parental support by reasons prescribed by regulations within the scope of Title IV of the Social Security Act, its amendments, and federal regulations and who does not have otherwise provided for him a subsistence compatible with decency and health. See Kentucky Statutes 205.010
- Needy permanently and totally disabled: means a person eighteen (18) years of age or older and who has a permanent physical or mental impairment, disease, or loss that substantially precludes him from engaging in useful occupations within his competence and who is unable to provide for himself and who does not have otherwise provided for him a subsistence compatible with decency and health. See Kentucky Statutes 205.010
- Public assistance: means money grants, assistance in kind, or services to or for the benefit of needy aged, needy blind, needy permanently and totally disabled persons, needy children, or persons with whom a needy child lives or a family containing a combination of these categories, except that the term shall not be construed to permit the granting of financial aid where the purpose of such aid is to obtain an abortion. See Kentucky Statutes 205.010
- Secretary: means the secretary for health and family services or his authorized representative. See Kentucky Statutes 205.010
(b) The parent or relative with whom a needy child lives; or
(c) The parent or legal guardian of a blind minor; or
(d) The legal guardian of (a) or (b) above; or
(e) Such other persons on behalf of an eligible person as may be prescribed by regulation; or
(f) Committees appointed by the court and approved for payment purposes by the secretary according to prescribed regulations.
(2) Any person who is receiving and disbursing public assistance grants on behalf of another individual eligible under this chapter shall upon request make an accounting of such funds to the cabinet in accordance with regulations. If a public assistance grant made on behalf of a needy individual is not used for the benefit of such individual, such payment shall be suspended pending reasonable assurance that future grants will benefit the individual on whose behalf such payments are made.
(3) Public assistance shall not be assignable and shall be exempt from levy or execution. Furthermore, no assignment, pledge or encumbrance of any right to benefits due or payable under this chapter shall be valid. Public assistance benefits, as long as they are not mingled with other funds of the recipient, shall be exempt from any remedy for the collection of all debts, liens and encumbrances. No waiver of any exemption provided for in this subsection shall be valid.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 188, sec. 193, effective July 15, 1980. –Amended
1974 Ky. Acts ch. 74, Art. VI, sec. 107(21) and (29). — Amended 1972 Ky. Acts ch.
256, sec. 7. — Amended 1966 Ky. Acts ch. 134, sec. 5. — Amended 1956 Ky. Acts ch. 75, sec. 3. — Created 1950 Ky. Acts ch. 110, sec. 8.