Current through August, 2024
(a) The gross
earned lump sum income shall be added to all other nonexempt gross monthly
earned income of the assistance unit and applicable categorical disregards
shall be applied in determining the monthly net earned income. When the
individual receives a lump sum or retroactive earned income, the earned income
disregards shall be allowed for the period during which the income is earned
rather than when it is paid.
(b)
The gross unearned lump sum income shall be added to the nonexempt gross
monthly unearned income of the assistance unit in determining the monthly gross
unearned income.
(c) The monthly
net earned income shall be added to the monthly gross unearned income in
determining the total monthly net income.
(d) When the assistance unit's total monthly
net income exceeds the standard of need because of receipt of earned or
unearned lump sum income, the following shall apply:
(1) The assistance unit shall be ineligible
for financial assistance for the number of months derived by dividing the total
monthly net income by the standard of need applicable to the assistance unit in
the month the lump sum income is received. The standard of need shall include
the needs of the family receiving financial assistance and any other individual
whose lump sum income is counted;
(2) All income remaining after this
calculation shall be counted as income available in the first month following
the period of ineligibility and shall be added to the total net monthly income;
and
(3) The period of ineligibility
shall begin as follows:
(A) The month the
lump sum income is received when the individual who received the lump sum
income is an applicant; or
(B) The
month following the month the lump sum income is received when the individual
who received the lump sum income is a recipient.
(e) The department shall shorten
the remaining period of ineligibility when the family submits an application
and:
(1) The lump sum income or a portion
thereof becomes unavailable to the family due to:
(A) A loss or theft which shall be verified
by the police or other law enforcement officials. If the individual or family
recovers the total or a portion of the total lump sum income, the department
shall consider that amount a lump sum income and shall budget that amount as
provided in subsection (d); or
(B)
The individual with control over the lump sum income leaves the home with the
total or a portion of the lump sum income:
(i) The individual who left the family shall
remain ineligible during the period of ineligibility; and
(ii) If the individual returns to the family
during the period of ineligibility, the department shall reinstate the period
of ineligibility effective the month the individual returned to the
family;
(2)
The family incurs and pays for medical expenses authorized under the
department's medical assistance program;
(3) The standard of need increases due to a
cost of living adjustment or an addition to the family unit:
(A) The maximum amount the department shall
consider is specified in chapter 17-678; and
(B) The following procedure shall be used to
redetermine the period of ineligibility:
(i)
Determine changes in the standard of need between the initial period of
ineligibility up through the month of application;
(ii) Subtract the amount determined in clause
(i) from the initial lump sum or the subsequent revised balance amount;
and
(iii) Divide the amount
obtained in clause (ii) by the new standard of need in effect the month the
individual applies to determine the number of months of disqualification from
the initial or subsequent redetermination, whichever is the most current;
or
(4) The
family incurs and pays for funeral or burial expense for a spouse, a son, a
daughter, or a parent.
(f) Other changes in circumstances, not
included in subsection (e), shall not alter the period of ineligibility or the
income that is considered available in the first month following the period of
ineligibility.
(g) The lump sum
income received by a nonrecipient stepparent shall be deemed available to the
family and considered under chapter 17-676. When the family is determined
ineligible due to the nonrecipient stepparent's lump sum income, subsection (d)
shall not apply.
(h) The lump sum
income received by an individual required to be included in the standard filing
unit under chapter 17-647 shall be considered available to the entire standard
filing unit.
(i) When lump sum
income is received by a member of the assistance unit who is not required to be
included in the standard filing unit, the lump sum income shall be considered
available to all the members of the assistance unit, except as follows:
(1) If the individual requests that he or she
and other members of the household for whom the individual is legally
responsible, be terminated from financial assistance, the lump sum income shall
not be attributed to the remaining members of the assistance unit beginning
with the first month that the individual is not included; or
(2) If the individual and other members of
the household for whom the individual is legally responsible, are terminated
from financial assistance prior to the month of receipt of the lump sum income,
the eligibility of the other members of the assistance unit shall not be
affected.
