Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 474 - SOCIAL SERVICES FOR FAMILIES, CHILDREN AND YOUTH
Chapter 1 - GENERAL PROGRAM REQUIREMENTS.
Section 474-1-005 - ELIGIBILITY

Universal Citation: 474 NE Admin Rules and Regs ch 1 ยง 005

Current through September 17, 2024

Only Nebraska residents are eligible for program services. Recipients must be United States citizens or qualified aliens as defined in 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.

005.01 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, age 19 or older, 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.

005.02 INCOME ELIGIBILITY. To be eligible, the applicant must meet the Program's income requirements.

005.02(A) CURRENT FAMILY. Applicants who currently receive assistance through the Title IV-A of the Social Security Act Aid to Dependent Children Program and applicants whose needs were taken into account in determining the needs of Aid to Dependent Children recipients are eligible as Current Family. Recipients of Aid to Dependent Children "" Medical Assistance only are not eligible under this category .

005.02(B) LOW INCOME FAMILY. A family unit whose income does not exceed 100 percent of the Federal Poverty Level is eligible as a low-income family. If a family receives an Aid to Dependent Children grant but not all members are included in the Aid to Dependent Children grant unit due to sanctions or ineligibility, the excluded person is determined eligible as a member of the low income family to receive social services. The entire Aid to Dependent Children grant amount must be considered income for that person.

005.02(C) WITHOUT REGARD TO INCOME. A family who requires emergency child protective services or requires child protective family services may be eligible without regard to income. The parent(s) of a child who is a ward of the Department may be eligible without regard to income if the plan is to reunify the family or maintain the child in the parent's home.

005.03 TREATMENT OF INCOME. For a family who must meet the income eligibility requirement, the Department evaluates the family income in accordance with the regulations in section 005.

005.03(A) OFFSET OF EARNINGS. If an applicant has a combination of farm or selfemployment income and regular earned income, the regular earnings may be offset with a loss from the self-employment or farm operation.

005.03(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) Adoption subsidy payments;

(xix) Work study for an undergraduate student;

(xx) Home produce used for household consumption;

(xxi) Earnings received by a youth age 18 or younger under a Workforce Innovation and Opportunity Act Program;

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

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

(xxiv) Reimbursement from the Senior Companion Program;

(xxv) Low Income Home Energy Assistance Program funds;

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

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

(xxviii) Payments to an applicant or recipient participating in training or school attendance subsidized by Vocational Rehabilitation, within the Department of Education;

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

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

005.03(C) DEDUCTION OF A NURSING HOME OBLIGATION. If the applicant or recipient pays a portion of the applicant or recipient's income to a nursing home on behalf of an Assistance to the Aged Blind and Disabled recipient, the amount of the payment is deducted from the applicant or recipient's gross monthly income to determine eligibility.

005.04 TYPES OF INCOME. The Department considers different income types in determining eligibility.

005.04(A) 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.

005.04(B) IN-KIND INCOME. In-kind income is any non-monetary consideration received by an applicant or recipient in place of income for services provided or as a payment of an obligation.

005.04(C) LUMP SUM INCOME. Lump sum income is money received on a one-time 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.

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

005.04(E) UNEARNED INCOME. Unearned income includes but is not limited to:
(i) Social Security benefits;

(ii) Railroad retirement benefits;

(iii) Child support;

(iv) Unemployment compensation; and

(v) Returns from savings or investments.

005.04(F) TREATMENT OF PAYMENT BY ABSENT PARENT. When an absent parent makes a payment for child care or rent or mortgage payment whether court-ordered or through an informal arrangement, the payment is:
(i) Treated as income if paid to the applicant or recipient; or

(ii) Excluded if paid to the provider

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