Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.49 - IV-E FOSTER CARE SERVICES
Subchapter 37.49.4 - Income
Rule 37.49.405 - IV-E FOSTER CARE ELIGIBILITY: TREATMENT OF INCOME
Universal Citation: MT Admin Rules 37.49.405
Current through Register Vol. 18, September 20, 2024
(1) All available income of any required member of the filing unit is counted in determining IV-E eligibility, unless a specific provision elsewhere in this chapter provides that the income will be excluded, disregarded, or otherwise not counted.
(2) Income averaging may be used to determine monthly income if:
(a) income information is
obtained for an annual or quarterly period of time. In such cases, the monthly
income is calculated by dividing the total amount of income by the number of
months the payment or payments are intended to cover; or
(b) income fluctuates significantly from
month to month. An example would be an employee paid an hourly wage whose hours
worked vary from month to month.
(3) Income tax refunds are not considered as either earned or unearned income but are considered a resource to the filing unit.
Sec. 53-2-201 and 53-6-113, MCA; IMP, Sec. 53-2-201 and 53-6-131, MCA;
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