Sec.17b-616-15. Definitions

For purposes of Sections 17b-616-15 through 17b-616-26:

(a) "Child with a disability" means any child under the age of 18 who has a developmental disability but does not include any child with mental retardation.

(b) "Commissioner" means the Commissioner of the Department of Human Resources.

(c) "Department" means the Department of Human Resources.

(d) "Developmental disability" means a severe, chronic disability of a person 5 years of age or older which:

(1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2) Is manifested before the person attains age twenty-two;

(3) Is likely to continue indefinitely;

(4) Results in substantial functional limitations in three or more of the following areas of major life activity;

(A) self-care;

(B) receptive and expressive language;

(C) learning;

(D) mobility;

(E) self-direction;

(F) capacity for independent living;

(G) economic self-sufficiency; and

(5) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated; except that such term, when applied to infants and young children means individuals from birth to age 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

(e) "Disability-related expenses" means those costs incurred on behalf of the child with a disability directly associated with his or her disability and may include, but are not limited to, the following expenses not covered or reimbursable by insurance or other funding sources: disability-related medical supplies, equipment, prescriptions, medical and dental care, and related transportation costs, and other disability-related costs as determined by the Commissioner.

(f) "Extraordinary financial impact" is defined as substantial ongoing monthly expenses which meet or exceed the level of the grant, which are not reimbursable and which are related to the unique needs and/or care of a child with a disability.

(g) "Family applicant" means any parent or other family member who resides in the same residence as the child with a disability and who has primary responsibility for providing continuous care to the child with a disability.

(h) "Family Support" means the monthly grant provided to a recipient.

(i) "Grant Reduction Recoupment" is a method of recoupment in which the Department reduces the recipient's monthly grant totalling the amount of the overpayment.

(j) "Gross Income" means all income, from whatever source derived, including, but not limited to:

(1) Earned income such as compensation paid by an employer to an employee for personal services and includes wages, salaries, tips, commissions, bonuses, and earnings from self-employment or contractual agreements;

(2) Unearned income such as pensions, annuities, dividends, interest, rental income, estate or trust income, royalties, social security or supplemental security income, unemployment compensation, workers' compensation, alimony, child support, and cash assistance from federal, state or municipal assistance programs.

(k) "Income" means the gross income of the family applicant, any legally liable relative in the household of the child with a disability, and the income of the child with a disability, less the disability-related expenses listed in subsection (e) of this section.

(l) "Installment Recoupment" is a method of recoupment in which the recipient makes monthly installment payments to the Department totalling the amount of the overpayment.

(m) "Lump-sum Recoupment" is a method of recoupment in which the recipient makes payment to the Department of the entire amount of the overpayment in one payment.

(n) "Overpayment" is the amount of financial assistance paid on behalf of a recipient in excess of the amount to which he or she is properly entitled. The overpayment may be caused by:

(1) The Department's incorrect action or failure to act within the appropriate time limits;

(2) The recipient's failure to report excess income;

(3) The recipient's failure to verify expenditures of the Family Support Grant;

(4) The recipient's failure to notify the Department that a child who was initially found eligible for the program has been diagnosed as having mental retardation or;

(5) The recipient's failure to notify the Department of any change in circumstances affecting eligibility.

(o) "Recipient" means a person who has been determined eligible and is receiving a Family Support Grant.

(p) "Recoupment" is a process by which the Department recovers an overpayment from the recipient.

(Effective November 30, 1995)