Sec. 17b-76. (Formerly Sec. 17-82a). Commissioner to furnish forms and
maintain records and accounts. The Commissioner of Social Services shall furnish
forms for the use of applicants under the state supplement program, medical assistance
program, temporary family assistance program and food stamps program, local officials
and himself, and shall establish and maintain a system of records and accounts which
shall show the number of applications and the disposition of the same, the record of
payments made to each recipient of aid and such other information as may be necessary
for the proper operation and administration of said sections and as the rules and regulations of the United States government require if the United States government makes
contributory allotments of federal funds to the state of Connecticut for aid extended
under the provisions of said programs.
(1969, P.A. 730, S. 15; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 93-262, S. 1, 87; June 18 Sp. Sess. P.A.
97-2, S. 26, 165.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social
services commissioner with commissioner of income maintenance, effective January 1, 1979; P.A. 93-262 authorized
substitution of commissioner and department of social services for commissioner and department of income maintenance,
effective July 1, 1993; Sec. 17-82a transferred to Sec. 17b-76 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical changes,
effective July 1, 1997.
Application for aid
under the state supplement program, medical assistance program, temporary family
assistance program and food stamps program, shall be made to the Commissioner of
Social Services. The name and address of each such applicant shall be recorded with
the commissioner. Such application, in the case of temporary family assistance, shall
be made by the supervising relative, his authorized representative, or, in the case of an
individual who is incapacitated, someone acting responsibly for him and shall contain
the name and the exact residence of such applicant, the name, place and date of birth
of each dependent child, the Social Security number of the supervising relative and of
each dependent child, and such other information as is required by the commissioner.
If such supervising relative or any such child does not have a Social Security number,
the commissioner shall assist in obtaining a Social Security number for each such person
seeking public assistance and during the time required to obtain such Social Security
numbers the supervising relative and children shall not be precluded from eligibility
under this section. By such application, the applicant shall assign to the commissioner
the right of support, present, past and future, due all persons seeking assistance and shall
assist the commissioner in pursuing support obligations due from the absent parent.
Notice of such assignment shall be conspicuously placed on said application and shall
be explained to the applicant at the time of application. All information required to be
provided to the commissioner as a condition of such eligibility under federal law shall
be so provided by the applicant, provided, no person shall be determined to be ineligible
if the applicant has good cause for the refusal to provide information concerning the
absent parent or if the provision of such information would be against the best interests
of the dependent child or children, or any of them. The Commissioner of Social Services
shall adopt by regulation, in accordance with chapter 54, standards as to good cause and
best interests of the child. Any person aggrieved by a decision of the commissioner as
to the determination of good cause or the best interests of such child or children may
request a fair hearing in accordance with the provisions of sections 17b-60 and 17b-61.
All statements made by the applicant concerning income, resources and any other matters pertaining to eligibility shall be certified to by the applicant as true and correct
under penalty of false statement, and for any such certified statement which is untrue
or incorrect such applicant shall be subject to the penalties provided for false statement
under section 17b-97.
(1969, P.A. 730, S. 16; 1971, P.A. 871, S. 93; P.A. 75-420, S. 4, 6; P.A. 76-334, S. 3, 12; P.A. 77-614, S. 608, 610;
P.A. 80-55; P.A. 87-171, S. 1; 87-589, S. 25, 87; P.A. 93-262, S. 1, 87; June 18 Sp. Sess. P.A. 97-2, S. 27, 165.)
History: 1971 act replaced perjury penalty with false statement penalty and deleted reference to Sec. 53-143; P.A. 75-
420 replaced welfare commissioner with commissioner of social services; P.A. 76-334 required application to contain
applicable social security numbers, added provisions re assistance until numbers can be obtained, clarified responsibilities
of commissioner and supervising relative and added provisions setting forth circumstances under which required information need not be given, giving commissioner power to make regulations and granting persons aggrieved by decision a fair
hearing; P.A. 77-614 replaced social services commissioner with commissioner of income maintenance, effective January
1, 1979; P.A. 80-55 required notice of assignment to be conspicuous part of application and required its explanation to
supervising relative; P.A. 87-171 removed language providing for application to the local officer of the town the applicant
resides in, added provision for application by an authorized representative of the supervising relative and in the case of an
incapacitated individual, someone acting responsibly for him and made technical changes; P.A. 87-589 replaced reference
to Sec. 4-168(b) with reference to chapter 54; P.A. 93-262 authorized substitution of commissioner and department of
social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-82b transferred
to Sec. 17b-77 in 1995; June 18 Sp. Sess. P.A. 97-2 replaced a reference to aid to dependent children with temporary family
assistance and made a technical change, effective July 1, 1997.
Annotations to former section 17-82b:
Cited. 196 C. 403, 406, 407. Cited. 200 C. 656, 661.
Cited. 11 CA 548, 549. Cited. 31 CA 114, 117.
Annotations to present section:
Notice provisions in section are directory; failure to follow them precisely does not invalidate the assignment. 37 CA
105, 107, 111—113, 115—117, 119, 121, 123, 125, 126.
Sec. 17b-78. (Formerly Sec. 17-3a). Standards for granting of general assistance and medical assistance. Regulations. Audits. Recovery of reimbursements.
Sanctions. (a) The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, establishing mandatory standards for the granting
of general assistance financial and medical assistance, including the level of financial
assistance to be provided by the state or at the expense of the town in such cases, which,
effective no later than August 31, 1997, shall be three hundred fifty dollars per month for
a single unemployable person upon determination of his unemployability, two hundred
dollars per month for a transitional individual who is required to pay for shelter, and
one hundred fifty dollars per month for a transitional individual who is not required to
pay for shelter, subject to the provisions of section 17b-89 and subsection (b) of section
17b-104, including the payment of medical bills for persons not receiving general assistance financial aid who are unable to pay such bills over a two-year period, by towns,
including standards for investigation and eligibility and extent of need and procedures
for record-keeping, including uniform application and billing forms to be used by medical providers as well as towns, and other office practices, and establishing time limits
for the determination of eligibility for financial assistance and for the payment of medical
bills for persons not receiving general assistance financial aid and for the payment of
all medical assistance bills, all with the intent of aiding the towns and any districts
established under section 17b-117 in the efficient administration of the laws relating to
granting of general assistance financial and medical assistance. Such regulations shall
include (1) an earned monthly gross income disregard of up to one hundred fifty dollars,
(2) a requirement that each town distribute monthly financial assistance to each recipient
at the general assistance office or through a central distribution location, except a town
shall mail such assistance to a recipient who is incapacitated or residing outside such
town, (3) a requirement for each recipient to present an identification card when receiving such assistance and (4) a prohibition against a town charging a fee for the distribution
of such assistance. The commissioner shall inform the towns and such districts of the
standards so established and shall advise and assist them in their application thereof.
The commissioner may recommend regional areas within which he considers it reasonable for towns to join in the establishment of such districts, and may advise the towns
therein of such recommendations and his reasons therefor.
(b) Notwithstanding the provisions of sections 4-230 to 4-236, inclusive, the Commissioner of Social Services shall adopt regulations, in accordance with the provisions
of chapter 54, concerning the conduct of audits of all general assistance programs in
towns where the commissioner has determined an audit shall be conducted. The regulations shall include a clear statistical methodology for conducting such audits and shall
provide that such audits be conducted in accordance with the generally accepted auditing
standards recognized by the Comptroller General of the United States and the American
Institute of Certified Public Accountants. The audits shall include: (1) A financial review
of each town's accounts; (2) a selection and sampling methodology for choosing cases
to be reviewed in each town; and (3) a review of such selected cases to determine compliance with significant eligibility, supported work, education and training and program
regulations.
(c) The department shall analyze the results of general assistance audits and fair
hearings to identify areas of client and agency error and areas which involve program
implementation problems.
(d) The Commissioner of Social Services shall adopt regulations, in accordance
with the provisions of chapter 54, concerning the recovery of reimbursements made to
towns or districts based on audit findings and setting such progressive sanctions as the
commissioner deems appropriate for any town or district which is found as a result of
an audit not to be in compliance with the standards established pursuant to this section.
The regulations shall include a provision allowing the commissioner to take action to
withhold reimbursement under section 17b-134 for any such town or district and shall
provide for a grace period before a sanction is imposed. A town or district may appeal
a decision of the commissioner to withhold reimbursements or to impose a sanction in
accordance with the provisions of sections 4-176e, 4-177, 4-177c, 4-180 and 4-183.
(1961, P.A. 345, S. 2; February, 1965, P.A. 540, S. 1; 1969, P.A. 730, S. 32; June, 1971, S.A. 1, S. 17; P.A. 73-218, S.
1, 2; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 83-535, S. 2, 3; 83-575, S. 4, 10; P.A. 84-464, S. 2; 84-546, S.
51, 173; P.A. 85-564, S. 2, 12; P.A. 88-156, S. 8; 88-317, S. 68, 107; P.A. 91-401, S. 16, 20; May Sp. Sess. P.A. 92-16,
S. 2, 89; P.A. 93-262, S. 1, 87; 93-418, S. 2, 41; P.A. 95-194, S. 8, 33; 95-351, S. 3, 30; P.A. 96-268, S. 21, 34; June 18
Sp. Sess. P.A. 97-2, S. 28, 165; June Sp. Sess. P.A. 01-2, S. 30, 69; June Sp. Sess. P.A. 01-9, S. 129, 131.)
History: 1965 act added words "mandatory minimum" to describe standards and allowed withholding of reimbursement
if uniform standards not complied with within grace period; 1969 act added provisions re incentive earnings program;
1971 act deleted word "minimum" to describe standards, deleted "recommended" modifying procedures and deleted
provisions re incentive earnings program; P.A. 73-218 deleted word "uniform" to describe standards; P.A. 75-420 replaced
welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with
commissioner of income maintenance, effective January 1, 1979; P.A. 83-535 added the requirement that the standards
be established by regulation; P.A. 83-575 required that the commissioner adopt regulations and that standards be established
for the granting of medical assistance as well as general assistance, and added provisions for uniform application and
billing forms and time limits for determining eligibility and payment for medical bills; P.A. 84-464 added language allowing
an appeal to superior court; P.A. 84-546 made technical grammatical change; P.A. 85-564 made the existing section Subsec.
(a), removed language in Subsec. (a) on withholding reimbursement, and added Subsecs. (b), (c) and (d) re audits and
adoption of regulations re recovery of reimbursements and withholding of reimbursements; P.A. 88-156 added language
re minimum level of assistance provided at the expense of a town subject to Subsec. (b) of Sec. 17-2, Secs. 17-12f and 17-
82n and added words "financial aid" to describe type of aid granted in Subsec. (a); P.A. 88-317 amended references to
Ch. 54 and Sec. 4-177 in Subsec. (d) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all
agency proceedings commencing on or after that date; P.A. 91-401 amended Subsec. (b) by adding "Notwithstanding the
provisions of sections 4-230 to 4-236, inclusive,"; May Sp. Sess. P.A. 92-16 amended Subsec. (a) by setting standard of
financial assistance for single employable person at three hundred fourteen dollars per month and standard for single
unemployable person at three hundred fifty-six dollars per month; P.A. 93-262 authorized substitution of commissioner
and department of social services for commissioner and department of income maintenance, effective July 1, 1993; P.A.
93-418 reduced the general assistance flat grant from three hundred fourteen dollars to three hundred dollars for a single
employable person, effective July 1, 1993; Sec. 17-3a transferred to Sec. 17b-78 in 1995; P.A. 95-194 amended Subsec.
(a) by reducing the financial assistance to be provided by a town to a maximum of three hundred dollars per month for a
single employable person and a maximum of three hundred fifty dollars per month for a single unemployable person and
added Subdivs. (1) to (4), inclusive, requiring regulations to include provisions for an earned monthly gross income
disregard, a central distribution location for financial assistance, an identification card for recipients and a prohibition
against a town charging a fee for distributing financial assistance and added Subsec. (b) requiring the department to adopt
regulations to establish reduced levels of financial assistance based on rental obligations, effective July 1, 1995; P.A. 95-
351 amended Subdiv. (1) of Subsec. (a) by requiring the earned monthly gross income disregard be "up to" one hundred
fifty dollars, effective July 1, 1995; P.A. 96-268 amended Subsec. (a) to exclude job-ready employable persons from
general assistance financial benefits, effective July 1, 1996; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (a) by deleting
an obsolete reference to the financial assistance available to an employable person who is not job-ready, adding a provision
effective no later than August 31, 1997, requiring the state or town to make available two hundred dollars per month for
a transitional individual required to pay for shelter and one hundred fifty dollars per month for such individual not required
to pay for shelter, deleted Subsec. (b) requiring the commissioner to adopt regulations establishing reduce levels of financial
assistance to a single employable person with no rental obligation or a shared rental obligation and relettered the remaining
Subsecs. accordingly, effective July 1, 1997; June Sp. Sess. P.A. 01-2 amended Subsec. (b) to limit scope of regulations
to general assistance programs in towns "where the commissioner has determined an audit shall be conducted", and made
a technical change, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but
without affecting this section.
Annotations to former section 17-3a:
Cited. 229 C. 664, 672. Cited. 233 C. 370, 376. Cited. Id., 557, 561, 611.
Subsec. (a):
Cited. 206 C. 1, 4. Cited. 229 C. 664, 672.
Cited. 42 CS 323, 324, 328, 330, 332—336. P.A. 92-16, S. 2 (May Sp. Sess.) cited. Id.
Annotations to present section:
Cited. 233 C. 370, 376. Cited. Id., 557, 561, 611.
Subsec. (a):
Cited. 233 C. 557, 562.
Sec. 17b-79. (Formerly Sec. 17-82c). Eligibility of person having interest in
real property. Lien of state. No person shall be deemed ineligible to receive an award
under the state supplement program, medical assistance program, temporary family
assistance program, state-administered general assistance program or food stamps program for himself or for any person for whose support he is liable by reason of having
an interest in real property, maintained as his home, provided the equity in such property
shall not exceed the limits established by the commissioner. The commissioner may
place a lien against any property to secure the claim of the state for all amounts which
it has paid or may thereafter pay to him or in his behalf under the provisions of said
sections, or to or on behalf of any person for whose support he is liable, except for
property maintained as a home in aid to families of dependent children cases, in which
case such lien shall secure the state only for that portion of the assistance grant awarded
for amortization of a mortgage or other encumbrance beginning with the fifth month
after the original grant for principal payment on any such encumbrance is made, and
each succeeding month of such grant thereafter. The claim of the state shall be secured
by filing a certificate in the land records of the town or towns in which any such real
estate is situated, describing such real estate. Any such lien may, at any time during
which the amount by it secured remains unpaid, be foreclosed in an action brought in
a court of competent jurisdiction by the commissioner on behalf of the state. Any real
estate to which title has been taken by foreclosure under this section, or which has been
conveyed to the state in lieu of foreclosure, may be sold, transferred or conveyed for
the state by the commissioner with the approval of the Attorney General, and the commissioner may, in the name of the state, execute deeds for such purpose. Such lien shall
be released by the commissioner upon payment of the amount by it secured, or an amount
equal to the value of the beneficiary's interest in such property if the value of such
interest is less than the amount secured by such lien, at his discretion, and with the advice
and consent of the Attorney General, upon a compromise of the amount due to the state.
At the discretion of the commissioner the beneficiary, or, in the case of husband and
wife living together, the survivor of them, so long as he or she lives, or a dependent
child or children, may be permitted to occupy such real property.
(1969, P.A. 730, S. 18; June 18 Sp. Sess. P.A. 97-2, S. 29, 165.)
History: Sec. 17-82c transferred to Sec. 17b-79 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical and conforming
changes, effective July 1, 1997.
Annotations to former section 17-82c:
Provision for the recording of a lien re an AFDC award is a limit on the security obtainable by the state to ensure
repayment of benefits and not a limit on the obligation of the beneficiary to repay. 168 C. 112. Cited. 185 C. 180, 182,
184. "... filing of state's liens pursuant to" statute "... did not create liens that were, in advance of foreclosure proceedings,
choate as a matter of federal law". 207 C. 743, 744, 747, 750, 751, 753, 754.
Cited. 34 CS 265, 267.
(a) The commissioner, upon receipt of an application
for aid, shall promptly and with due diligence make an investigation, such investigation
to be completed within forty-five days after receipt of the application or within sixty
days after receipt of the application in the case of an application in which a determination
of disability must be made. If an application for an award is not acted on within forty-five
days after the filing of an application, or within sixty days in the case of an application
in which a determination of disability must be made, the applicant may apply to the
commissioner for a hearing in accordance with sections 17b-60 and 17b-61. The commissioner shall grant aid only if he finds the applicant eligible therefor, in which case
he shall grant aid in such amount, determined in accordance with levels of payments
established by the commissioner, as is needed in order to enable the applicant to support
himself, or, in the case of temporary family assistance, to enable the relative to support
such dependent child or children and himself, in health and decency, including the costs
of such medical care as he deems necessary and reasonable, not in excess of the amounts
set forth in the various fee schedules promulgated by the Commissioner of Social Services for medical, dental and allied services and supplies or the charges made for comparable services and supplies to the general public, whichever is less, and the cost of
necessary hospitalization as is provided in section 17b-239, over and above hospital
insurance or other such benefits, including workers' compensation and claims for negligent or wilful injury. The commissioner, subject to the provisions of subsection (b) of
this section, shall in determining need, take into consideration any available income and
resources of the individual claiming assistance. The commissioner shall make periodic
investigations to determine eligibility and may, at any time, modify, suspend or discontinue an award previously made when such action is necessary to carry out the provisions
of the state supplement program, medical assistance program, temporary family assistance program, state-administered general assistance program or food stamps program.
The parent or parents of any child for whom aid is received under the temporary family
assistance program and any beneficiary receiving assistance under the state supplement
program shall be conclusively presumed to have accepted the provisions of sections
17b-93, 17b-94 and 17b-95.
(b) The commissioner shall disregard any earned income of a child who is a student
in determining the eligibility, standard of need and amount of assistance of a family in
the TFA program.
(c) No person shall be eligible for the state supplement program whose assets as
defined by the commissioner exceed sixteen hundred dollars or, if living with a spouse,
whose combined assets exceed twenty-four hundred dollars.
(1969, P.A. 730, S. 19; June, 1971, S.A. 1, S. 18; P.A. 77-105; 77-614, S. 19, 610; P.A. 79-376, S. 19; P.A. 85-66, S.
2; 85-359; P.A. 86-290, S. 1, 10; 86-315, S. 4, 5; P.A. 93-262, S. 1, 87; June 18 Sp. Sess. P.A. 97-2, S. 30, 165.)
History: 1971 act substituted "levels of payment" for "standards"; P.A. 77-105 made sixty-day limit previously in effect
applicable only to decisions involving determination of disability and set forty-five day limit for all other decisions; P.A.
77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 79-376
substituted "workers' compensation" for "workmen's compensation"; P.A. 85-66 amended section to refer to fee schedules
promulgated by income maintenance commissioner rather than by secretary of the office of policy and management; P.A.
85-359 made the existing Subsec. (a) and added Subsec. (b) concerning an income disregard for full-time students; P.A.
86-290 added new Subsecs. (c) and (d) which placed asset limits on persons eligible for the state supplement program and
families eligible for the aid to families with dependent children program; P.A. 86-315 required the commissioner to disregard
for six months per calendar year a child's earned income; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-82d
transferred to Sec. 17b-80 in 1995; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (c) by requiring the commissioner to
disregard any earned income of a child who is a student when determining eligibility standard of need and amount of
assistance for a family in the TFA program and by deleting outdated AFDC provision requiring the commissioner to
disregard any earned income of a child who is a full-time student for six months per calendar year, deleted Subsec. (d) re
outdated aid to families with dependent children program provision, replaced reference to aid to dependent children with
temporary family assistance and made technical and conforming changes, effective July 1, 1997.
Annotations to former section 17-82d:
Since disclaimer is invalid state may reassess eligibility for assistance under U.S. Social Security Act, Title XIX, and
state guidelines. 179 C. 463, 470. Cited. 214 C. 256, 258, 264, 271, 272, 274, 278, 281. Cited. 225 C. 314, 337, 338.
Cited. 20 CA 470, 471.
Child care allowable expense in determining eligibility. 30 CS 587. Plaintiff, denied a claim for medical benefits,
disposed of her resources and renewed her claim on basis she now had no available resources. Commissioner upheld in
denying second claim under department regulations. 31 CS 544. This is a supplementary regulation promulgated within
the legitimate sphere of state administration which does not conflict with the Social Security Act and thus does not violate
the supremacy clause. 32 CS 514, 519. Cited. 32 CS 597. Welfare commissioner must consider income and resources of
each applicant in determining amount of assistance to be awarded. 34 CS 525. Cited. 40 CS 394, 433.
Only question before fair hearing officer on appeal of an award as inadequate is whether award complied with standard
established by commissioner. Appellant cannot challenge commissioner's compliance with his duties. 5 Conn. Cir. Ct.
291. Cited. 6 Conn. Cir. Ct. 688.
Subsec. (a):
Cited. 214 C. 256, 276, 278, 279.
Subsec. (c):
Cited. 225 C. 314, 315, 337, 338.
Annotations to present section:
Cited. 237 C. 550. Cited. 240 C. 141.
Subsec. (c):
Principal of Medicaid qualifying trust determined not to be available to grantor and therefore not included in calculation
of eligibility for Medicaid benefits. 248 C. 708.
Sec. 17b-81. (Formerly Sec. 17-82e). Investigations of legally liable relatives
by commissioner. (a) The commissioner shall investigate the financial condition of
each legally liable relative, as defined in section 4a-12, and shall make a determination
as to the financial ability of each such relative in accordance with the uniform contribution scale established by the Commissioner of Administrative Services in accordance
with said section 4a-12, and shall notify in writing each such relative of the amount each
is found able to contribute toward such support, and each such relative shall be liable in
said amount from the date of such notice, retroactive to the date of granting of assistance,
unless and until such support responsibility shall be otherwise fixed by a court of competent jurisdiction. When any finding or written agreement to support, or any modification
thereof is made with the commissioner by the liable relative and is filed with the clerk
of the superior court for the judicial district in which the applicant, recipient, beneficiary
or liable relative resides, or the assistant clerk of the Family Support Magistrate Division
in the judicial district where the applicant resides, such agreement shall have the same
force and effect as an order of support by said court, and shall be enforceable in the
same manner as orders of support issued by said court or a family support magistrate,
provided any court of competent jurisdiction, or a family support magistrate, called
upon to enforce such agreement, including a finding consented to by the relative, after
notice to all parties, shall fully review such determination as to financial ability and
shall insure that such determination is reasonable in light of the relative's ability to pay
and may modify such finding prospectively, retroactively or both. Such determination
shall not be affected by appeal but shall continue in effect, until the appeal is denied,
or unless changed by order of the court or family support magistrate. The commissioner
shall periodically reinvestigate the financial condition of such relatives and shall give
written notice of any change in the determination of ability to contribute.
(b) The Commissioner of Social Services shall continue to independently determine
parental support obligations under subsection (b) of section 17b-179, notwithstanding
the uniform contribution scale developed pursuant to section 4a-12. The commissioner
shall promulgate support guidelines for such cases.
(c) The Commissioner of Social Services shall determine a legally liable relative
contribution for the spouse of an institutionalized recipient of Medicaid only when such
spouse has income in excess of (1) the minimum monthly needs allowance or (2) the
monthly needs allowance for such spouse as determined by the commissioner, through
a fair hearing or court proceeding. The amount of such contribution shall not cause the
income of such spouse to fall below said minimum monthly needs allowance or said
monthly needs allowance for such spouse as determined by the commissioner, through
a fair hearing or court proceeding. The spouse of an institutionalized individual, for
whom a legally liable relative contribution is determined, may request a fair hearing
regarding the amount of the contribution.
(1969, P.A. 541; 730, S. 20; 1971, P.A. 786; 1972, P.A. 127, S. 26; P.A. 73-616, S. 12; P.A. 74-183, S. 212, 291; P.A.
76-334, S. 4, 12; 76-436, S. 182, 681; P.A. 77-452, S. 8, 72; 77-594, S. 2, 7; P.A. 81-62; June Sp. Sess. P.A. 83-34, S. 3,
8; P.A. 84-159, S. 2; P.A. 86-359, S. 26, 44; P.A. 87-421, S. 3, 13; P.A. 93-262, S. 1, 87; P.A. 95-166.)
History: 1971 act clarified circumstances under which complaint for nonsupport to be brought; 1972 act replaced
reference to those under twenty-one with reference to those under eighteen reflecting change in age of majority; P.A. 73-
616 deleted reference to assistance under part II of chapter; P.A. 74-183 replaced circuit court and "circuit" with court of
common pleas and "county or judicial district"; P.A. 76-334 made relatives' liability retroactive to date assistance was
granted, added provisions re agreements to support made between commissioner and liable relative and deleted provisions
re fair hearing and criminal complaint; P.A. 76-436 and P.A. 77-452 replaced court of common pleas with superior court,
effective July 1, 1978; P.A. 77-594 clarified geographical area as that in which applicant or beneficiary lives as well as
that in which liable relative lives; P.A. 81-62 extended parental financial responsibility to children less than twenty-one
years of age if the child in question is in full-time attendance at school; June Sp. Sess. P.A. 83-34 changed the reference
to the age of applicants and recipients who are students from under "twenty-one" to under "nineteen" and added the
provision that the student reasonably be expected to complete the program before he attains age nineteen; P.A. 84-159
removed the requirement for children to contribute to the support of their parents who are less than sixty-five years of age;
P.A. 86-359 changed "serving the geographical area" to "for the judicial district", added "or the assistant clerk of the family
support magistrate division in the judicial district where the applicant resides" and added "or a family support magistrate";
P.A. 87-421 made the existing section Subsec. (a), substituted language on legally liable relative and the uniform contribution scale for references to spouse and parents and "reasonable" contribution established by the commissioner of income
maintenance, and added Subsec. (b); P.A. 93-262 authorized substitution of commissioner and department of social services
for commissioner and department of human resources, effective July 1, 1993; Sec. 17-82e transferred to Sec. 17b-81 in
1995; P.A. 95-166 added Subsec. (c) re determination of contribution amount levied on spouse of institutionalized Medicaid
recipient.
Annotations to former section 17-82e:
Section neither requires nor authorizes welfare commissioner to limit his consideration of dependents to strictly legal
obligations in permitting exemptions from gross income. 170 C. 258, 269. Cited. Id., 258—260, 269. Cited. 185 C. 180,
183. Cited. 206 C. 636, 640, 642. Cited. 207 C. 743, 753.
Cited. 33 CS 769. Cited. 34 CS 281, 282; id., 284, 285, 287. Statute is procedural in nature and not subject to prohibition
against retrospective application. 35 CS 603—605, 607, 608. Judgment does not violate rights to equal protection since
statute provides for enforcement of retrospective liability for support against any parent and right exists to obtain judgment
for full amount against one of several debtors jointly liable. Id., 628, 638. Cited. 37 CS 745, 747; id., 891, 893, 895. Cited.
38 CS 503, 504.
Cited. 6 Conn. Cir. Ct. 697.
Reserved for future use.
Sec. 17b-83. (Formerly Sec. 17-82g). Form of aid. Direct payment for certain
services. Payment of "clean claims". The aid granted under the state supplement program or the temporary family assistance program shall be in the form of money payments
and shall be made by the commissioner within available Department of Social Services
appropriations, directly to the applicant or other person entitled to receive the same at
such regular intervals as the Commissioner of Social Services determines, provided the
payments of the costs of medical care and such other charges in connection with the
care and maintenance of a beneficiary as the commissioner deems necessary and reasonable may be made to the applicant or to those persons furnishing such services by the
commissioner. Ninety per cent of clean claims for payments to persons furnishing such
services shall be made no later than thirty days from receipt of the request for payment
and ninety-nine per cent shall be made within ninety days of such receipt. For the purposes of this section "clean claim" means a claim which can be processed without obtaining additional substantiation from the person furnishing such services or other person
entitled to receive payment. A claim submitted by any such person who is under investigation for fraud or abuse shall not be considered a clean claim.
(1969, P.A. 730, S. 10; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 79-565, S. 1; P.A. 93-262, S. 1, 87; June
18 Sp. Sess. P.A. 97-2, S. 31, 165.)
History: P.A. 75-420 replaced welfare commissioner and department with commissioner and department of social
services; P.A. 77-614 replaced social services commissioner and department with commissioner and department of income
maintenance, effective January 1, 1979; P.A. 79-565 added provisions re payment of "clean claims" and defined the term;
P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department
of income maintenance, effective July 1, 1993; Sec. 17-82g transferred to Sec. 17b-83 in 1995; June 18 Sp. Sess. P.A. 97-
2 made technical changes, effective July 1, 1997.
Annotations to former section 17-82g:
Cited. 214 C. 256, 278—280.
Sec. 17b-84. (Formerly Sec. 17-82i). Funeral allowance. Burial or cremation
expense. Upon the death of any beneficiary, under the state supplement or the temporary
family assistance program the commissioner shall order the payment of a sum not to
exceed one thousand dollars for the fiscal year ending June 30, 1987, one thousand one
hundred dollars for the fiscal year ending June 30, 1988, and one thousand two hundred
dollars for the fiscal year ending June 30, 1989, and subsequent fiscal years, as an
allowance toward the funeral and burial expenses of such deceased. The payment for
funeral and burial expenses shall be reduced by the amount in any revocable or irrevocable funeral fund, prepaid funeral contract or the face value of any life insurance policy
owned by the recipient. Contributions may be made by any person for the cost of the
funeral and burial expenses of the deceased over and above the sum established under
this section without thereby diminishing the state's obligation.
(1969, P.A. 730, S. 21; 1972, P.A. 154, S. 1; P.A. 77-604, S. 9, 84; P.A. 78-337, S. 3, 11; P.A. 86-290, S. 2, 10; June
18 Sp. Sess. P.A. 97-2, S. 32, 165.)
History: 1972 act replaced hundred and fifty dollar and fifty dollar limits on funeral and burial expenses, respectively,
with limit under Sec. 17-82q and clarified statements re persons to be paid; P.A. 77-604 corrected faulty section reference;
P.A. 78-337 restated provisions in simpler form; P.A. 86-290 added a reference to the state supplement or the aid to families
with dependent children program, required the commissioner to order an allowance toward funeral and burial expenses
and amended the method of establishing the sum of allowance due; Sec. 17-82i transferred to Sec. 17b-84 in 1995; June
18 Sp. Sess. P.A. 97-2 replaced a reference to aid to families with dependent children with temporary family assistance,
effective July 1, 1997.
Annotations to former section 17-82i:
Subsec. (b):
Cited. 40 CS 394, 433.
Sec. 17b-85. (Formerly Sec. 17-82j). Notice by beneficiary of receipt of property, transfer or encumbrance of property or change in information previously
furnished. If any person receiving an award for the care of any dependent child or
children, or any person legally liable for the support of such child or children, or any other
person being supported wholly or in part under the provisions of the state supplement
program, medical assistance program, temporary family assistance program, state-administered general assistance program or food stamps program or any beneficiary under
said sections or any legally liable relative of such beneficiary, receives property, wages,
income or resources of any kind, such person or beneficiary, within ten days after obtaining knowledge of or receiving such property, wages, income or resources, shall
notify the commissioner thereof, orally or in writing, unless good cause is established
for failure to provide such notice, as determined by the commissioner. No such person
or beneficiary shall sell, assign, transfer, encumber or otherwise dispose of any property
without the consent of the commissioner. The provisions of section 17b-137 shall be
applicable with respect to any person applying for or receiving an award under said
sections. Any change in the information which has been furnished on an application
form or a redetermination of eligibility form shall also be reported to the commissioner,
orally or in writing, within ten days of the occurrence of such change, unless good cause
is established for failure to provide such notice, as determined by the commissioner.
(1969, P.A. 730, S. 24; P.A. 73-107; P.A. 80-65; P.A. 87-171, S. 2; June 18 Sp. Sess. P.A. 97-2, S. 33, 165.)
History: P.A. 73-107 required report of information change within fifteen days; P.A. 80-65 referred to provisions of
entire chapter rather than to parts II and III; P.A. 87-171 changed the time limit from "fifteen" to "ten" days and added
provisions allowing oral notice and "good cause" exception; Sec. 17-82j transferred to Sec. 17b-85 in 1995; June 18 Sp.
Sess. P.A. 97-2 made technical changes, effective July 1, 1997.
Annotations to former section 17-82j:
Cited. 179 C. 463, 465—468. Court reaffirmed conclusion that statute is an independent bar to disclaimers. 211 C.
323—325, 327—330.
Cited. 40 CS 394, 433.
Annotations to present section:
Discussed. 247 C. 686.
Aid provided under the
state supplement program, medical assistance program, temporary family assistance
program, state-administered general assistance program or food stamps program shall
be inalienable by assignment, sale, attachment, execution or otherwise, and shall be
subject to the provisions of any amending or repealing act that may be passed, and no
beneficiary or other person shall have any vested right to any such aid.
(1969, P.A. 730, S. 26; June 18 Sp. Sess. P.A. 97-2, S. 34, 165.)
History: Sec. 17-82k transferred to Sec. 17b-86 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical changes, effective
July 1, 1997.
Annotations to former section 17-82k:
Cited. 192 C. 460, 462, 463, 465, 468.
Cited. 21 CA 77, 81.
Public aid funds of welfare recipient held by recipient's attorney in client funds account are not subject to attachment
under this section. 33 CS 85, 86.
Sec. 17b-87. (Formerly Sec. 17-82l). Discontinuance of aid after removal from
state. No award under the temporary family assistance program shall continue after the
removal of the beneficiary from this state; and no award under the state supplement
program shall continue for more than one year after removal of the beneficiary from
this state, and occasional absences for short periods need not be deemed by the commissioner to constitute a removal.
(1969, P.A. 730, S. 27; June 18 Sp. Sess. P.A. 97-2, S. 35, 165.)
History: Sec. 17-82l transferred to Sec. 17b-87 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical and conforming
changes, effective July 1, 1997.
Annotations to former section 17-82l:
Statute construed as not to deny AFDC beneficiaries who have moved from Connecticut their entitlement to benefits
accrued prior to removal. 174 C. 8, 10.
If a beneficiary of assistance under the state supplement program, medical assistance program, aid to families with dependent children
program, temporary family assistance program, state-administered general assistance
program or food stamps program receives any award or grant over the amount to which
he is entitled under the laws governing eligibility, the Department of Social Services
(1) shall immediately initiate recoupment action and shall consult with the Division of
Criminal Justice to determine whether to refer such overpayment, with full supporting
information, to the state police, to a prosecuting authority for prosecution or to the
Attorney General for civil recovery or (2) shall take such other action as conforms to
federal regulations, including, but not limited to, conducting administrative disqualification hearings for cases involving alleged fraud in the food stamp program, the aid to
families with dependent children program, the temporary family assistance program or
the state-administered general assistance program.
(1969, P.A. 730, S. 11; P.A. 74-140, S. 2; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 123, 486, 587, 608, 610; P.A. 78-303,
S. 85, 136; P.A. 79-146, S. 1; P.A. 85-564, S. 9, 12; P.A. 86-403, S. 36, 132; June Sp. Sess. P.A. 91-8, S. 57, 63; P.A. 92-
90; P.A. 93-262, S. 1, 87; June 18 Sp. Sess. P.A. 97-2, S. 36, 165.)
History: P.A. 74-140 made discontinuance of award optional rather than mandatory when recipient convicted of offense
involving overpayment and added reference to commissioner's taking other action in conformity with federal regulations;
P.A. 75-420 replaced welfare department with department of social services; P.A. 77-614 and P.A. 78-303 replaced central
collections division of finance and control department with division of state police within the department of public safety
(successor agency to state police department) and social services department with department of income maintenance,
effective January 1, 1979; P.A. 79-146 changed applicable overpayments from any amount over the amount awarded to
amounts five hundred dollars or more over the amount awarded; P.A. 85-564 made the existing section Subsec. (a) and
added Subsecs. (b) and (c) re action taken on overpayments and re administrative hearing process; P.A. 86-403 made
technical changes to Subsec. (a); June Sp. Sess. P.A. 91-8 changed the overpayment threshold to two thousand dollars and
required immediate initiation of administrative recoupment; P.A. 92-90 entirely replaced prior provisions with modified
procedure for recoupment of overpayments; P.A. 93-262 authorized substitution of commissioner and department of social
services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-82m transferred to Sec.
17b-88 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical changes, effective July 1, 1997.
Sec. 17b-88a. Recoveries or overpayments under AFDC program, account for
payment of. For the fiscal year ending June 30, 2002, and each fiscal year thereafter,
with the approval of the Office of Policy and Management, the Department of Social
Services may credit to a nonlapsing account in the General Fund, and expend from such
nonlapsing account, the amounts necessary for payment of the federal share of recoveries
or overpayments established under the aid to families with dependent children program.
(June Sp. Sess. P.A. 01-2, S. 10, 69; June Sp. Sess. P.A. 01-9, S. 129, 131.)
History: June Sp. Sess. P.A. 01-2 effective July 2, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp.
Sess. P.A. 01-2 but without affecting this section.
Sec. 17b-89. (Formerly Sec. 17-82n). Change in level of assistance payments
authorized. The Commissioner of Social Services, notwithstanding any other provision
of law, may selectively increase or decrease the level of certain assistance payments in
any of the public assistance programs when necessary to correct an inequity or to comply
with state or federal law or regulation. Nothing in this section shall be construed to
permit the commissioner to increase or decrease the standards of assistance payments
affecting all or most public assistance recipients in any category of public assistance.
(June, 1971, S.A. 1, S. 16; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 85-505, S. 19, 21; P.A. 93-262, S. 1, 87.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 85-505 detailed
when commissioner may increase or decrease payment levels, authorizing such increases or decreases to correct inequities
and to effect compliance with state or federal laws or regulations rather than when "necessary to carry out the policy of
the state" as was previously the case; P.A. 93-262 authorized substitution of commissioner and department of social services
for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-82n transferred to Sec. 17b-89
in 1995.
Annotations to former section 17-82n:
Cited. 214 C. 256, 279.
Sec. 17b-90. (Formerly Sec. 17-83). Regulations. Disclosure of information
concerning applicants. (a) The commissioner shall adopt regulations, in accordance
with chapter 54, necessary to enable him to carry out the programs the Department of
Social Services is designated to administer pursuant to section 17b-2, including any
regulations necessary for receiving grants from the federal government to this state if
the absence of any such regulation would result in the loss of such grants and regulations
governing the custody and use of the records, papers, files and communications concerning persons applying for or receiving assistance under said sections. When names and
addresses of recipients of such assistance are required by law to be furnished to or held
by any other government agency, such agency shall adopt regulations to prevent the
publication of lists thereof or their use for purposes not directly connected with the
administration of said programs.
(b) No person shall, except for purposes directly connected with the administration
of programs of the Department of Social Services and in accordance with the regulations
of the commissioner, solicit, disclose, receive or make use of, or authorize, knowingly
permit, participate in or acquiesce in the use of, any list of the names of, or any information concerning, persons applying for or receiving assistance from the Department of
Social Services or persons participating in a program administered by said department,
directly or indirectly derived from the records, papers, files or communications of the
state or its subdivisions or agencies, or acquired in the course of the performance of
official duties. However, the Commissioner of Social Services shall disclose (1) to any
authorized representative of the Labor Commissioner such information directly related
to unemployment compensation, administered pursuant to chapter 567 or information
necessary for implementation of sections 17b-688b, 17b-688c and 17b-688h and section
122 of public act 97-2 of the June 18 special session*, (2) to any authorized representative
of the Commissioner of Mental Health and Addiction Services any information necessary for the implementation and operation of the basic needs supplement program or
for the management of and payment for behavioral health services for applicants for
and recipients of general assistance and state-administered general assistance, (3) to
any authorized representative of the Commissioner of Administrative Services, or the
Commissioner of Public Safety such information as the state Commissioner of Social
Services determines is directly related to and necessary for the Department of Administrative Services or the Department of Public Safety for purposes of performing their
functions of collecting social services recoveries and overpayments or amounts due as
support in social services cases, investigating social services fraud or locating absent
parents of public assistance recipients, (4) to any authorized representative of the Commissioner of Children and Families necessary information concerning a child or the
immediate family of a child receiving services from the Department of Social Services,
including safety net services, if the Commissioner of Children and Families or the Commissioner of Social Services has determined that imminent danger to such child's health,
safety or welfare exists to target the services of the family services programs administered by the Department of Children and Families, (5) to a town official or other contractor or authorized representative of the Labor Commissioner such information concerning
an applicant for or a recipient of financial or medical assistance under general assistance
or state-administered general assistance deemed necessary by said commissioners to
carry out their respective responsibilities to serve such persons under the programs
administered by the Labor Department that are designed to serve applicants for or recipients of general assistance or state-administered general assistance, or (6) to any authorized representative of the Commissioner of Mental Health and Addiction Services for
the purposes of the behavioral health managed care program established by section 17a-
453. No such representative shall disclose any information obtained pursuant to this
section, except as specified in this section. Any applicant for assistance provided through
said department shall be notified that, if and when such applicant receives benefits, the
department will be providing law enforcement officials with the address of such applicant upon the request of any such official pursuant to section 17b-16a.
(c) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section
46b-231, in addition to the prohibitions of subsection (b) of this section, no information
shall be released concerning the whereabouts of one party to another party (1) against
whom a protective order, a restraining order or a standing criminal restraining order
with respect to the former party is in effect, or (2) if the department has reason to believe
that the release of the information may result in physical or emotional harm to the former
party.
(d) The Commissioner of Social Services shall provide written notice to a person
applying for or receiving assistance from the Department of Social Services or a person
participating in a program administered by said department that such person's address
and telephone number may be provided to the Department of Children and Families
pursuant to subdivision (2) of subsection (b) of this section.
(e) Penalties prescribed by subsection (b) of section 17b-97 shall apply to violations
of this section.
(1949 Rev., S. 2888, 2897, 2912; September, 1957, P.A. 11, S. 27, 28; March, 1958, P.A. 27, S. 73; 1969, P.A. 306;
1971, P.A. 642, S. 2; P.A. 73-25, S. 1, 4; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 69, 587, 608, 610; P.A. 78-303, S. 85, 126,
136; P.A. 88-156, S. 13; P.A. 93-262, S. 35, 87; P.A. 96-263, S. 1, 2; June 18 Sp. Sess. P.A. 97-2, S. 37, 124, 165; June
18 Sp. Sess. P.A. 97-7, S. 8, 38; June 18 Sp. Sess. P.A. 97-8, S. 19, 88; P.A. 98-239, S. 19, 35; 98-250, S. 30, 39.)
*Note: Section 122 of public act 97-2 of the June 18 special session is special in nature and therefore has not been
codified but remains in full force and effect according to its terms.
History: 1969 act added proviso in Subsec. (b) re access to welfare case records by representative of finance and control
commissioner; 1971 act rephrased proviso re access to records granted finance and control representative; P.A. 73-25
replaced reference to repealed Secs. 17-102 and 17-132 with reference to Subsec. (b) of Sec. 17-83i in Subsec. (c); P.A.
75-420 replaced welfare commissioner and department with commissioner and department of social services; P.A. 77-
614 replaced commissioner and department of finance and control with commissioner and department of administrative
services and, effective January 1, 1979, replaced commissioner and department of social services with commissioner and
department of income maintenance; P.A. 78-303 included in disclosure provision commissioner and department of state
police, replaced as of January 1, 1979, with commissioner and department of public safety; P.A. 88-156 replaced social
services recipients with public assistance recipients in Subsec. (b); P.A. 93-262 replaced references to "this chapter"
with references to programs of department of social services or persons participating in a program administered by said
department and replaced references to department and commissioner of income maintenance with references to department
and commissioner of social services, effective July 1, 1993; Sec. 17-83 transferred to Sec. 17b-90 in 1995; P.A. 96-263
amended Subsec. (b) to add Subdiv. (2) re the disclosure of the address and telephone number of a child receiving services
from the Department of Social Services to the Commissioner of Children and Families and added Subsec. (d) re the
provision of written notice to a person applying or receiving assistance from the Department of Social Services, effective
June 10, 1996 (Revisor's note: Subsec. (d) was editorially designated by the Revisors as Subsec. (c) and previously existing
Subsec. (c) designated as (d) to retain penalty provisions' placement at end of section); June 18 Sp. Sess. P.A. 97-2 amended
Subsec. (a) to make technical and conforming changes and amended Subsec. (b) by mandating the Commissioner of Social
Services to disclose to any authorized representative of the Labor Commissioner such information directly related to
unemployment compensation, administered pursuant to chapter 567 or information necessary for the implementation of
Secs. 17b-688b to 17b-688d, inclusive and Sec. 122 of June 18 Sp. Sess. P.A. 97-2, to disclose, to any authorized representative of the Commissioner of Mental Health and Addiction Services any information necessary for the implementation and
operation of the basic needs supplement program, to disclose to any authorized representative of the Commissioner of
Children and Families necessary information concerning the evaluation of the TANF program, expanding the mandate on
the Commissioner of Children and Families from providing the address and telephone number to any necessary information
of a child or the immediate family of a child receiving services from the Department of Social Services if the Commissioner
of Children and Families has determined that imminent danger to such child's health, safety or welfare exists, adding a
provision mandating an applicant for the program be notified that, if and when such applicant receives benefits, the department shall provide law enforcement officials with the name and address of such applicant upon the request of such official
pursuant to Sec. 17b-16a, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 inserted new Subsec. (c) re limitations on
disclosure of information of whereabouts of one party to another party in IV-D support cases, relettering former Subsecs.
(c) and (d) accordingly, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-8 made a technical change in Subsec. (a) and
amended Subsec. (b) by adding Subdiv. (3) re authorized representatives, effective July 1, 1997; P.A. 98-239 amended
Subsec. (b) to require the department to notify applicants for assistance under any department-administered program, rather
than just the temporary family assistance program, that it will provide law enforcement officials with their addresses,
eliminating reference to their names, effective June 8, 1998; P.A. 98-250 amended Subsec. (b) to expand Subdiv. (1) re
management of and payment for behavioral health services for general assistance and divided Subdiv. (1) into Subdivs.
(1), (2) and (3), deleted Subpara. (A) of former Subdiv. (2) re evaluation of temporary assistance for needy families
programs, added safety net services, Commissioner of Social Services and targeting of family services programs in former
Subdiv. (2) designating it as Subdiv. (4), added Subdiv. (5) re disclosure to town official or Labor Commissioner and
designated former Subdiv. (3) as Subdiv. (6), effective July 1, 1998.
Annotations to former section 17-83:
Cited. 165 C. 490, 493. Cited. 192 C. 310, 312.
Cited. 32 CS 598.
Subsec. (a):
Cited. 170 C. 258, 262.
Subsec. (b):
Protection of confidentiality discussed. 192 C. 310, 311, 313, 314, 318—320. Cited. 221 C. 393, 401.
Sec. 17b-91. (Formerly Sec. 17-83a). Eligibility exclusions. State supplement
program. Temporary family assistance program. (a) The commissioner shall exclude, in the determination of eligibility for the state supplement program and the temporary family assistance program, burial funds in an amount not to exceed the maximum
amount provided in section 17b-84. Such funds may be in the form of prepaid funeral
service contracts as described in section 42-200, irrevocable funeral contracts or the
face value of life insurance policies if the cash surrender value is excluded, or any
combination thereof, not to exceed the maximum amount provided in said section
17b-84.
(b) The commissioner shall exclude, in the determination of eligibility for the state
supplement program and for the temporary family assistance program, the value of a
burial plot not to exceed one exclusion per individual.
(c) The commissioner shall exclude from consideration as an asset, in the determination of eligibility for the state supplement program and for the temporary family assistance program, the value of an irrevocable funeral contract except that the value of such
contract shall be considered towards the amount excluded in subsection (a) of this
section.
(d) Nothing in this section shall prevent the commissioner from excluding from
consideration as an asset in the determination of eligibility for the state supplement
program, or the temporary family assistance program other personal or real property as
he determines is necessary for the effective administration of such programs.
(e) Where federal law or regulations governing the state supplement program, the
temporary family assistance program, or the medical assistance program conflict with
the provisions of this section, such law or regulations shall prevail.
(1959, P.A. 395, S. 4; 1963, P.A. 438, S. 1; February, 1965, P.A. 625, S. 1; 1967, P.A. 151, S. 1; 1969, P.A. 730, S.
35; P.A. 86-290, S. 3, 10; June 18 Sp. Sess. P.A. 97-2, S. 38, 165.)
History: 1963 act reduced dollar amount of contract from six hundred to four hundred; 1965 act increased dollar amount
to four hundred fifty; 1967 act made a further increase to five hundred dollars; 1969 act increased dollar amount of contract
to six hundred dollars; P.A. 86-290 entirely replaced prior provisions which had limited value of prearranged funeral
contracts which would not affect eligibility for assistance to six hundred dollars; Sec. 17-83a transferred to Sec. 17b-91
in 1995; June 18 Sp. Sess. P.A. 97-2 replaced references to aid to families with dependent children with temporary family
assistance and made technical changes, effective July 1, 1997.
(a) A relocation adjustment payment under Section 114 of the
federal Housing Act of 1949, as amended, shall not be considered income, earnings,
assets or rent in the determination of eligibility under any public assistance program or
any general assistance program provided, if a recipient of such assistance receives a
relocation adjustment payment in excess of two hundred fifty dollars, the Commissioner
of Social Services shall not be required to provide such recipient with similar assistance
for moving expenses or other expenses directly related to relocation. In those instances
where a recipient has received a relocation adjustment payment in excess of two hundred
fifty dollars and has also been provided with similar assistance for moving expenses or
other expenses directly related to relocation, under any public assistance program or
any general assistance program such recipient shall be required to transfer or assign to
the Commissioner of Social Services an amount equal to the relocation assistance that
had been received from the Commissioner of Social Services.
(b) Any payment made pursuant to section 47-88d to a recipient of public assistance
or general assistance shall not be considered income, earnings, assets or rent in the
determination of eligibility for any public assistance program or any general assistance
program and shall not be deducted from the amount of assistance to which the recipient
would otherwise be entitled.
(1967, P.A. 620, S. 1; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 83-117, S. 1, 2; P.A. 93-262, S. 1, 87; June
18 Sp. Sess. P.A. 97-2, S. 39, 165.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 83-117 added
Subsec. (b) concerning payments made pursuant to Sec. 47-88d and clarified references to applicable assistance programs
in prior provisions; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-83c transferred to Sec. 17b-92 in 1995; June
18 Sp. Sess. P.A. 97-2 made technical and conforming changes, effective July 1, 1997.
(a) If a beneficiary of aid under the state supplement program,
medical assistance program, aid to families with dependent children program, temporary
family assistance program or state-administered general assistance program has or acquires property of any kind or interest in any property, estate or claim of any kind,
except moneys received for the replacement of real or personal property, the state of
Connecticut shall have a claim subject to subsections (b) and (c) of this section, which
shall have priority over all other unsecured claims and unrecorded encumbrances,
against such beneficiary for the full amount paid, subject to the provisions of section
17b-94, to him or in his behalf under said programs; and, in addition thereto, the parents
of an aid to dependent children beneficiary, a state-administered general assistance beneficiary or a temporary family assistance beneficiary shall be liable to repay, subject to
the provisions of said section 17b-94, to the state the full amount of any such aid paid
to or in behalf of either parent, his spouse, and his child or children. The state of Connecticut shall have a lien against property of any kind or interest in any property, estate or
claim of any kind of the parents of an aid to dependent children beneficiary, in addition
and not in substitution of its claim, for amounts owing under any order for support of
any court or any family support magistrate, including any arrearage under such order,
provided household goods and other personal property identified in section 52-352b,
real property pursuant to section 17b-79, as long as such property is used as a home for
the beneficiary and money received for the replacement of real or personal property,
shall be exempt from such lien.
(b) Any person who received cash benefits under the aid to families with dependent
children program, the temporary family assistance program or the state-administered
general assistance program, when such person was under eighteen years of age, shall
not be liable to repay the state for such assistance.
(c) No claim shall be made, or lien applied, against any payment made pursuant to
chapter 135, any payment made pursuant to section 47-88d or 47-287, any court-ordered
retroactive rent abatement, including any made pursuant to subsection (e) of section
47a-14h, section 47a-4a, 47a-5, or 47a-57, or any security deposit refund pursuant to
subsection (d) of section 47a-21 paid to a beneficiary of assistance under the state supplement program, medical assistance program, aid to families with dependent children
program, temporary family assistance program or state-administered general assistance
program.
(d) Notwithstanding any provision of the general statutes, whenever funds are collected pursuant to this section or section 17b-94, and the person who otherwise would
have been entitled to such funds is subject to a court-ordered current or arrearage child
support payment obligation in a IV-D support case, such funds shall first be paid to the
state for reimbursement of Medicaid funds granted to such person for medical expenses
incurred for injuries related to a legal claim by such person which was the subject of
the state's lien and such funds shall then be paid to the Bureau of Child Support Enforcement for distribution pursuant to the federally mandated child support distribution system implemented pursuant to subsection (j) of section 17b-179. The remainder, if any,
shall be paid to the state for payment of previously provided assistance through the
state supplement program, medical assistance program, aid to families with dependent
children program, temporary family assistance program or state-administered general
assistance program.
(e) The Commissioner of Social Services shall adopt regulations, in accordance
with chapter 54, establishing criteria and procedures for adjustment of the claim of
the state of Connecticut under subsection (a) of this section. The purpose of any such
adjustment shall be to encourage the positive involvement of noncustodial parents in
the lives of their children and to encourage noncustodial parents to begin making regular
support payments.
(1969, P.A. 730, S. 28; P.A. 76-334, S. 5, 12; P.A. 80-483, S. 73, 186; P.A. 81-18; P.A. 83-581, S. 30, 40; P.A. 85-
564, S. 11, 12; P.A. 86-315, S. 1, 5; 86-359, S. 27, 44; P.A. 87-339, S. 1; P.A. 97-312, S. 2; June 18 Sp. Sess. P.A. 97-2,
S. 40, 165; P.A. 99-279, S. 5; P.A. 01-207, S. 2, 12.)
History: P.A. 76-334 made section applicable to those who have property as well as those who afterwards acquire
property and added provisions re liens for amounts owing for court-ordered support; P.A. 80-483 replaced reference to
repealed Sec. 52-352 with reference to Secs. 52-352a to 52-352e; P.A. 81-18 deleted a provision that reimbursement for
claims made after October 1, 1959, be restricted to medical disbursements actually made for the care of a beneficiary; P.A.
83-581 replaced "other personal property identified in sections 52-352a to 52-352c, inclusive" with "other personal property
identified in section 52-352b"; P.A. 85-564 added "subject to the provisions of section 17-83f" in two places; P.A. 86-315
made a technical change in Subsec. (a) and added a new Subsec. (b) which exempted any person under eighteen years of
age, who received cash benefits under the AFDC program, from repaying the state for the assistance; P.A. 86-359 added
reference to support orders issued by family support magistrates; P.A. 87-339 specified instances in which no claims shall
be made or liens applied; Sec. 17-83e transferred to Sec. 17b-93 in 1995; P.A. 97-312 amended Subsec. (a) by exempting
"moneys received for the replacement of real or personal property" from claim by the state for repayment of aid; June 18
Sp. Sess. P.A. 97-2 made technical and conforming changes, effective July 1, 1997; P.A. 99-279 added a new Subsec. (d)
providing that whenever funds are collected by the state through claims or liens and the person otherwise entitled to
such funds is subject to a court-ordered child support payment obligation, such funds shall first be paid to the state for
reimbursement of Medicaid funds and then be paid to the Bureau of Child Support Enforcement for distribution and the
remainder, if any, shall be paid to the state for payment of previously provided public assistance; P.A. 01-207 added Subsec.
(e) requiring commissioner to adopt regulations to establish criteria and procedures for adjustment of the state's claim
under Subsec. (a) re noncustodial parents, effective July 1, 2001.
Annotations to former section 17-83e:
Proceeds from sale of family home by former recipient of aid to dependent children benefits are subject to claim of
commissioner beyond amount secured by lien and paid pursuant to section 17-82c. 168 C. 112. State precluded from
seeking restitution pursuant to a lien created under this section. 179 C. 463, 468—470. Restriction on claim of state to
"medical disbursements actually made for care of any such beneficiary" is construed to mean that recoupment cannot
exceed the charges made by hospital for comparable services to the general public. 181 C. 130, 133—135. Cited. 192 C.
520, 525. Cited. 211 C. 323, 326—329. Cited. 239 C. 471. Cited. Id., 791.
Cited. 20 CA 470, 471. Cited. 39 CA 709—712.
Cited. 34 CS 578, 591. Welfare commissioner is not authorized to require assignments of interests other than the
proceeds of causes of action as condition of continuing eligibility for benefits. 34 CS 586, 589. Cited. Id., 586, 588—591.
Cited. Id., 628, 631. Cited. 35 CS 603, 607. Cited. Id., 628, 632, 633, 636, 638. Cited. 40 CS 394, 433. Cited. 42 CS 548,
551, 554—556.
Subsec. (a):
Cited. 39 CA 709, 710, 712.
Annotations to present section:
Cited. 239 C. 471. Cited. Id., 791.
Cited. 37 CA 105, 116. Cited. 39 CA 709—712. Cited. 40 CA 829, 831.
Subsec. (a):
Cited. 239 C. 471.
Cited. 39 CA 709, 710, 712. Cited. 40 CA 829, 831.
State has the right to seek TANF benefits paid on behalf of children from their parents. 47 CS 42.
Sec. 17b-94. (Formerly Sec. 17-83f). State's claim against proceeds of cause
of action. Assignment of interest in estate to the state. (a) In the case of causes of
action of beneficiaries of aid under the state supplement program, medical assistance
program, aid to families with dependent children program, temporary family assistance
program or state-administered general assistance program, subject to subsections (b) and (c) of section 17b-93, or of a parent of a beneficiary of the aid to families with
dependent children program, the temporary family assistance program or the state-administered general assistance program, the claim of the state shall be a lien against the
proceeds therefrom in the amount of the assistance paid or fifty per cent of the proceeds
received by such beneficiary or such parent after payment of all expenses connected
with the cause of action, whichever is less, for repayment under said section 17b-93, and
shall have priority over all other claims except attorney's fees for said causes, expenses of
suit, costs of hospitalization connected with the cause of action by whomever paid over
and above hospital insurance or other such benefits, and, for such period of hospitalization as was not paid for by the state, physicians' fees for services during any such period
as are connected with the cause of action over and above medical insurance or other
such benefits; and such claim shall consist of the total assistance repayment for which
claim may be made under said programs. The proceeds of such causes of action shall
be assignable to the state for payment of the amount due under said section 17b-93,
irrespective of any other provision of law. Upon presentation to the attorney for the
beneficiary of an assignment of such proceeds executed by the beneficiary or his conservator or guardian, such assignment shall constitute an irrevocable direction to the attorney to pay the Commissioner of Administrative Services in accordance with its terms,
except if, after settlement of the cause of action or judgment thereon, the Commissioner
of Administrative Services does not inform the attorney for the beneficiary of the amount
of lien which is to be paid to the Commissioner of Administrative Services within forty-
five days of receipt of the written request of such attorney for such information, such
attorney may distribute such proceeds to such beneficiary and shall not be liable for any
loss the state may sustain thereby.
(b) In the case of an inheritance of an estate by a beneficiary of aid under the state
supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, subject to subsections (b) and (c) of section 17b-93, fifty per cent of the
assets of the estate payable to the beneficiary or the amount of such assets equal to the
amount of assistance paid, whichever is less, shall be assignable to the state for payment
of the amount due under said section 17b-93. The Court of Probate shall accept any
such assignment executed by the beneficiary and filed by the Commissioner of Administrative Services with the court prior to the distribution of such inheritance, and to the
extent of such inheritance not already distributed, the court shall order distribution in
accordance therewith. If the Commissioner of Administrative Services receives any
assets of an estate pursuant to any such assignment, the commissioner shall be subject
to the same duties and liabilities concerning such assigned assets as the beneficiary.
(1969, P.A. 730, S. 29; 1971, P.A. 114; P.A. 77-263; 77-614, S. 70, 587, 610; P.A. 82-321; P.A. 84-455, S. 1; P.A. 85-
564, S. 10, 12; P.A. 86-315, S. 2, 5; P.A. 87-339, S. 2; P.A. 96-62; June 18 Sp. Sess. P.A. 97-2, S. 41, 165.)
History: 1971 act required assignment of proceeds to state for payment of amount due, regardless of any other provision
of law; P.A. 77-263 provided that if attorney not notified of lien amount within thirty days of attorney's request for
information, lien of state held invalid; P.A. 77-614 replaced commissioner of finance and control with commissioner of
administrative services; P.A. 82-321 added Subsec. (b) providing procedure for the assignment of interest in an estate by
the beneficiary to the state and requiring acceptance of such assignment by the probate court; P.A. 84-455 amended section
to apply to causes of action of parents of AFDC beneficiaries and to specify that state's lien limited to amount of assistance
paid or fifty per cent of proceeds, whichever is less; P.A. 85-564 specified that proceeds which state may impose lien
against are those "received by such beneficiary or such parent after payment of all expenses connected with the cause of
action" in Subsec. (a) and amended Subsec. (b) to limit amount assignable to state to fifty per cent or amount equalizing
the amount of assistance paid, whichever is less, where previously no limits were specified; P.A. 86-315 added references
to Subsec. (b) of Sec. 17-83e; P.A. 87-339 added the references to Subsec. (c) of Sec. 17-83e; Sec. 17-83f transferred to
Sec. 17b-94 in 1995; P.A. 96-62 amended Subsec. (a) by changing "thirty days" to "forty-five days" as time limit for
commissioner's notification of beneficiary's attorney of lien amount; June 18 Sp. Sess. P.A. 97-2 made technical and
conforming changes, effective July 1, 1997.
Annotations to former section 17-83f:
Cited. 168 C. 112. Cited. 181 C. 130, 132, 133, 135. Cited. 219 C. 384, 386, 388. Cited. 239 C. 471. Cited. Id., 791.
Cited. 39 CA 709—713.
Section 17-83f creates a nonconsensual statutory lien on the proceeds of causes of action of welfare beneficiaries upon
their receipt of notice of the lien. 31 CS 552. This is a supplementary regulation promulgated within the legitimate sphere
of state administration which does not conflict with the Social Security Act and thus does not violate the supremacy clause.
32 CS 514, 519. Cited. 34 CS 586, 588, 590. Beneficiary has obligation to reimburse, and statutory lien on proceeds of
beneficiary's personal injury action does not offend due process as deprivation of property. 35 CS 622—624. Cited. 42
CS 548—557.
Subsec. (a):
Cited. 219 C. 384, 385, 387, 390.
Cited. 39 CA 709, 710, 712.
Annotations to present section:
Cited. 239 C. 471. Cited. Id., 791. Cited. 247 C. 686.
Cited. 39 CA 709—713. Cited. 40 CA 829—833, 835.
Subsec. (a):
Cited. 239 C. 791.
Cited. 39 CA 709, 710, 712. Cited. 40 CA 829, 831.
Subsec. (b):
Applies only to inheritances by living public assistance beneficiaries. 239 C. 471.
Sec. 17b-95. (Formerly Sec. 17-83g). State's claim on death of beneficiary or
parent of beneficiary. Upon the death of a parent of a child who has, at any time, been
a beneficiary under the program of aid to families with dependent children, the temporary
family assistance program or the state-administered general assistance program, or upon
the death of any person who has at any time been a beneficiary of aid under the state
supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, except as provided in subsection (b) of section 17b-93, the state shall
have a claim against such parent's or person's estate for all amounts paid on behalf of
each such child or for the support of either parent or such child or such person under the
state supplement program, medical assistance program, aid to families with dependent
children program, temporary family assistance program or state-administered general
assistance program for which the state has not been reimbursed, to the extent that the
amount which the surviving spouse, parent or dependent children of the decedent would
otherwise take from such estate is not needed for their support. In the case of any person
dying after October 1, 1959, the claim for medical payments, even though such payments
were made prior thereto, shall be restricted to medical disbursements actually made for
care of such deceased beneficiary. Such claims shall have priority over all unsecured
claims against such estate, except (1) expenses of last sickness not to exceed three
hundred seventy-five dollars, (2) funeral and burial expenses in accordance with section
17b-84, and (3) administrative expenses, including probate fees and taxes, and including
fiduciary fees not exceeding the following commissions on the value of the whole estates
accounted for by such fiduciaries: On the first two thousand dollars or portion thereof,
five per cent; on the next eight thousand dollars or portion thereof, four per cent; on the
excess over ten thousand dollars, three per cent. Upon petition by any fiduciary, the
Probate Court, after a hearing thereon, may authorize compensation in excess of the
above schedule for extraordinary services. Notice of any such petition and hearing shall
be given to the Commissioner of Administrative Services in Hartford at least ten days
in advance of such hearing. The allowable funeral and burial payment herein shall be
reduced by the amount of any prepaid funeral arrangement. Any amount paid from the
estate under this section to any person which exceeds the limits provided herein shall
be repaid to the estate by such person, and such amount may be recovered in a civil
action with interest at six per cent from the date of demand.
(1969, P.A. 730, S. 30; P.A. 77-614, S. 70, 610; P.A. 78-337, S. 6, 11; P.A. 86-315, S. 3, 5; P.A. 88-156, S. 14; 88-
364, S. 26, 123; June 18 Sp. Sess. P.A. 97-2, S. 42, 165.)
History: P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A.
78-337 specified applicable program as aid to families with dependent children, rather than as "aid to dependent children"
and deleted reference to six hundred dollar limit on funeral and burial expenses in Subdiv. (2), referring instead to expenses
allowed under Sec. 17-82q; P.A. 86-315 added reference to Subsec. (b) of Sec. 17-83e; P.A. 88-156 and P.A. 88-364
made technical changes; Sec. 17-83g transferred to Sec. 17b-95 in 1995; June 18 Sp. Sess. P.A. 97-2 made technical and
conforming changes, effective July 1, 1997.
Annotations to former section 17-83g:
Cited. 239 C. 471.
Cited. 34 CS 518, 519, 523. Cited. 42 CS 548, 549, 551, 554—558.
Annotations to present section:
Cited. 239 C. 471. Statute requires a person's Medicaid debt be satisfied prior to payment of other personal debts, such
as credit card debts, that the person incurs. 248 C. 708.
Sec. 17b-96. (Formerly Sec. 17-83h). Collection of state's claim. Disposition
of recoveries. The Attorney General shall collect any claim which the state may have
hereunder against any person, or his estate, and any amount recovered shall be paid to
the State Treasurer, to be placed to the credit of the state General Fund. The statute of
limitations shall not apply to any action for such collection. In each case in which the state
shall have recovered any amount with respect to assistance furnished any beneficiary, the
federal portion of the amount so recovered shall be promptly paid to the United States,
if required as a condition of federal financial participation.
(1969, P.A. 730, S. 31.)
History: Sec. 17-83h transferred to Sec. 17b-96 in 1995.
