Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 12 - Income That Does Not Count Under IRS Rules - FCC Programs
Rule 23-104-12.3 - Income that is Partially Excluded
Universal Citation: MS Code of Rules 23-104-12.3
Current through September 24, 2024
A. The following income is partially countable and partially excluded under the conditions specified for each type of payment.
1. Foster
Care Provider payments received from a state, political subdivision, or
qualified foster care placement agency for providing care to qualified foster
individuals in an individual's home are not countable as income except in the
following situations. A qualified foster individual is someone living in a
foster family home who was placed there by an agency of the state or a
qualified foster care placement agency.
a)
Foster care payments are income to the foster care provider if the individual
received payment for more than 5 individuals age 19 or older. Count as income
the payment received for foster individuals in excess of the limit.
b) Difficulty-of-care payments are additional
payments that are designated by the payer as compensation for providing
additional care that is required for the physically, mentally or emotionally
handicapped qualified foster individual. These payments count as income if
received for more than 10 foster individuals under age 19 or 5 foster
individuals age 19 or older. Count as income the payment received for foster
individuals in excess of the limit.
c) If payment is made to maintain space in
the home for emergency foster care, the payment is countable as
income.
2. Gulf Oil
Spill payments. Payment received for lost wages or income are taxable income
and are therefore countable as income. Payments received for property damage
are non-taxable and not countable as income if the payment does not exceed the
basis in the property. Payments received for physical injury or emotional
distress is non-taxable and therefore not countable as income.
3. Dependent Care Benefits. If an employer
provides dependent care benefits under a qualified plan, benefits can be
excluded as follows: the amount to exclude is the lesser of the total amount of
benefits received or incurred during the tax year; the individual or spouse's
income; or $5,000 annually ($2,500 if married filing separately). Any benefits
exceeding the limit are countable as wages.
42 CFR §435.603 (Rev. 2012)
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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