Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 473 - SOCIAL SERVICES FOR THE AGED AND DISABLED
Chapter 2 - APPLICATION AND ELIGIBLITY
Section 473-2-002 - ELIGIBILTY

Universal Citation: 473 NE Admin Rules and Regs ch 2 ยง 002

Current through September 17, 2024

To be eligible the applicant must meet the following eligibility rules:

002.01 RESIDENCY, CITIZENSHIP, AND ALIEN STATUS. Only Nebraska residents are eligible for program services. Applicants and recipients must be United States citizens or qualified aliens as defined in Nebraska§ Revised Statute (Neb. Rev. Stat.) § 4-111 and sign an attestation form verifying lawful presence in the United States. The Department must be able to verify the recipient's status.

002.02 ELIGIBILITY BASED ON FAMILY SIZE. The Department considers an applicant's family size in determining eligibility for services. A family is a unit consisting of one or more adults and any children related by blood, marriage, or adoption who reside in the same household. An unborn is included if proof of pregnancy is provided. Foster children may be included when determining the size of the foster family. The following are considered separate families:

(A) Unmarried adults who reside together;

(B) Children living with non-legally responsible relatives;

(C) Emancipated minors;

(D) Minor parents; and

(E) Biological parents or usual caretakers with a child in substitute care and children, if any, residing in the home.

002.03 CATEGORIES OF ELIGIBILITY FOR ADULTS. Individuals must meet one of the categories noted below to be eligible:

002.03(A) CURRENT SUPPLEMENTAL SECURITY INCOME OR STATE SUPPLEMENTAL. Applicants who currently receive assistance through the Title XVI Supplemental Security Income Program, the Supplemental Security Income Extended Benefits Program, or the Nebraska State Supplemental Program are eligible as current aged, current blind, or current disabled.

002.03(B) LOW INCOME. This section discusses categories of eligible low income applicants who are either Aged, Blind or Disabled.
002.03(B)(i) LOW INCOME AND AGED. An individual age 60 or older whose family income is within income guidelines of this chapter.

002.03(B)(ii) LOW INCOME AND BLIND. An individual age 19 through 59 who has a visual impairment, who meets the definition for low income disabled and whose family income is within the income guidelines of this chapter.

002.03(B)(iii) LOW INCOME AND DISABLED. An individual eligible as low income and disabled must have a family income which is within the income guidelines of this chapter and a physical or mental impairment which substantially prevents the applicant from engaging in useful occupations within the individual's competence. The impairment must be verifiable by medical findings of:
(1) Physical impairment includes loss or defects of the extremities, malfunctioning of the organs of the body or physiological disturbances with structural damages; or

(2) Mental impairment includes conditions characterized by a marked and consistent failure to adjust to the emotional, social, or individual demands of living which require that the individual have assistance in essential activities of daily living.

002.03(C) WITHOUT REGARD TO INCOME. An individual who is not eligible as a current recipient or as low income but who is actively working with Adult Protective Services is eligible without regard to income on a time-limited basis.

002.04 MAXIMUM ALLOWABLE INCOME. For an applicant to be determined eligible as low income and aged, low income and blind, or low income and disabled, the applicant's income must not exceed the maximum allowable monthly income for an individual or for a family of two or more. As of January 1, 2021, the current base level income is $1,216 per month for an individual or $1,362 for a family of two or more. A cost of living adjustment to the base level income is calculated each fall when the new cost of living adjustment is released by the Social Security Administration. If the applicant's income is verified as equal to or less than this amount, the applicant is income-eligible for the various services outlined in this title.

002.04(A) SOURCES OF INCOME. All sources of income not excluded in this Title are counted as income.

002.04(B) INCOME EXCLUSIONS. The following sources of income are not considered when determining eligibility:
(i) Money received from participation in the Foster Grandparent Program authorized by the ACTION Program;

(ii) Money awarded by the Indian Claims Commission or the Court of Claims;

(iii) Alaska Native Claims Settlement Act payments to the extent the payments are exempt from taxation under section 21(a) of the Act;

(iv) Money received from the sale of property such as stocks, bonds, a house or a car unless the person was engaged in the business of selling the property in which case the net proceeds would be counted as income from selfemployment;

(v) Withdrawals of bank deposits;

(vi) Tax refunds;

(vii) Gifts;

(viii) Earned Income Credits and Advanced Earned Income Credits;

(ix) Lump sum inheritances or insurance payments;

(x) Capital gains;

(xi) The value of the allotment of benefits under the Supplemental Nutrition Assistance Program;

(xii) The value of United States Department of Agriculture donated foods;

(xiii) The value of supplemented food assistance under the Child Nutrition Act of 1966 and the special food service program for children under the National School Lunch Act, as amended;

(xiv) Any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

(xv) Earnings of a child age 18 or younger who is a full-time student or a part-time student who is not employed full-time. Summer earnings of a child age 18 or younger are excluded if the child plans to return to school in the fall;

(xvi) Loans;

(xvii) Any grant to a student for educational purposes;

(xviii) Work study for an undergraduate student;

(xix) Home produce used for household consumption;

(xx) Earnings received by a youth age 18 or younger under a Job Training Partnership Act Program;

(xxi) Workforce Innovation and Opportunity Act allowance paid for supportive services such as transportation, meals, special tools, and clothing;

(xxii) Volunteers In Service to America living allowances and stipends;

(xxiii) Reimbursement from the Senior Companion Program;

(xxiv) Low Income Home Energy Assistance Program funds;

(xxv) Housing assistance provided by Housing and Urban Development or by a local housing program;

(xxvi) Assistance received under the Disaster Relief Act of 1974 or under a federal law because of a presidentially declared major disaster;

(xxvii) Payments to a client participating in training or school attendance subsidized by Vocational Rehabilitation within the Nebraska Department of Education;

(xxviii) Payments made by the Veterans Administration under the Veterans Education and Employment Assistance Act for education expenses of a veteran; and

(xxix) Payments made by an absent parent to a child care provider, landlord or mortgage holder on behalf of the applicant or recipient.

002.04(C) TYPES OF INCOME. The following types of income are considered when determining eligibility:
002.04(C)(i) IRREGULAR INCOME. Irregular income is income, earned or unearned, which varies in amount from month to month or which is received at irregular intervals. This may be due to irregular employment, but even when an individual works regularly, the income may be irregular because of factors such as seasonal increases or decreases in employment and earnings such as day labor or sales work on a commission basis. The Department averages three consecutive months of irregular income, if available, to project future income unless there has been a significant change. Small, irregular earnings which are not computable or predictable are not considered.

002.04(C)(ii) IN-KIND INCOME. In-kind income is any non-monetary consideration received by a client in place of income for services provided or as a payment of an obligation.

002.04(C)(iii) LUMP SUM INCOME. Lump sum income is money received on a onetime basis. The lump sum amount is divided by six months and the result is added to the gross monthly income to determine eligibility. If that amount exceeds the income maximum, the applicant is ineligible for that six month period.

002.04(C)(iv) EARNED INCOME. Earned income is money received from wages, tips, salary, commissions, self-employment, or items of need received in lieu of wages.

002.04(C)(v) UNEARNED INCOME. The Program considers unearned income in determining eligibility. Unearned income includes but is not limited to:
(1) Social Security benefits;

(2) Railroad retirement benefits;

(3) Child support;

(4) Unemployment compensation; and

(5) Returns from savings or investments.

002.04(C)(vi) TREATMENT OF PAYMENT BY ABSENT PARENT. When an absent parent makes a payment for child care, rent, or mortgage payment whether courtordered, or through an informal arrangement, the payment is:
(1) Treated as income if paid to the client; or

(2) Excluded if paid to the provider, a lender, or the landlord.

Disclaimer: These regulations may not be the most recent version. Nebraska 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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