Current through Register Vol. 35, No. 18, September 24, 2024
A.
Initial eligibility: Eligibility for cash assistance programs
shall be determined prospectively. The benefit group must meet all eligibility
criteria in the month following the month of application. Eligibility and
amount of payment shall be determined prospectively for each month in the
certification period.
B.
Changes in benefit group composition: A person added to the benefit
group shall have eligibility determined prospectively, beginning in the month
following the month the report is made.
C.
Anticipating income: In
determining the benefit group's eligibility and benefit amount, the income
already received and any income the benefit group expects to receive during the
certification period shall be counted.
(1)
Income anticipated during the certification period shall be counted only in the
month it is expected to be received, unless the income is averaged.
(2) Actual income shall be calculated by
using the income already received and any other income that can reasonably be
anticipated in the calendar month.
(3) If the amount of income or date of
receipt is uncertain, the portion of the income that is uncertain shall not be
counted.
(4) In cases where the
receipt of income is reasonably certain but the amount may fluctuate, the
income shall be averaged.
(5)
Averaging is used to determine a monthly calculation, when there is fluctuating
income within the weekly, biweekly or monthly pay period and to achieve a
uniform amount for projecting future income.
D.
Counting income in the
certification period:
(1) For the
purposes of cash assistance eligibility and determination of benefit amount,
income is money received by or available to the benefit group in each month of
the certification period.
(2) Only
income which is actually received, or can reasonably be expected to be
received, is counted for financial eligibility and benefit
calculation.
(3) The benefit group
must take appropriate steps to apply for and receive income from any other
source to which the group may potentially be entitled.
(4) A benefit group may be found ineligible
for failing or refusing to apply for or pursue potential income or assets from
other sources.
(5) A benefit group
member who is 62 years of age or older must apply for and take all necessary
steps to receive a reduced OASDI benefit from the SSA.
E.
Income availability:
(1) The availability of income to the benefit
group is determined by who must be included in the benefit group and whether
income must be deemed available to the benefit group.
(2) The earned and unearned income of an
individual who is not a mandatory benefit group member shall not be considered
available to the benefit group.
(3)
Income belongs to the person who gains it, either through the person's own
efforts, as in the case of earnings, or as a benefit, as in the case of a
beneficiary of SSA benefits.
(4)
Unearned income, such as child support or social security survivor's benefits
and other similar payments for a child, are considered as belonging to the
benefit group in which the child is included.
(5) Alien sponsors: The gross income
belonging to an individual who is the sponsor of an alien included in the cash
assistance benefit group, and the income belonging to the sponsor's spouse,
shall be counted in its entirety to determine the eligibility and benefit
amount if the sponsor has executed an affidavit of support pursuant to
Subsection 213-A of the Immigration and Nationality Act. The income of the
alien sponsor and spouse shall be counted until the sponsored alien achieves
citizenship or can be credited with 40 qualifying quarters under title II of
the federal Social Security Act.
F.
Unavailable income: In some
situations, individuals who are included in the benefit group, either in
applicant or recipient status, have a legal right to income but do not have
access to it. Such income is not counted as available income for purposes of
cash assistance eligibility and benefit calculation.
G.
Ineligible alien: The
countable income belonging to an ineligible alien who is a mandatory benefit
group member is deemed available to the benefit group. The countable income
shall be prorated according to the size of the benefit group to determine the
eligibility and benefit amount for the benefit group.
H.
Income received less frequently
than monthly: The amount of gross income that is received less
frequently than monthly is determined by dividing the total gross income by the
number of months the income is intended to cover. This includes, but is not
limited to, income from sharecropping, farming and self-employment. It also
includes contract income as well as income of a tenured teacher who may not
actually have a contract.
I.
Contract income: A benefit group that derives its annual income in a
period of less than one year shall have that income averaged over a
twelve-month period, provided that the income is not earned on an hourly or
piecework basis.
J.
Using
exact income: Exact income, rather than averaged income, shall be used
if:
(1) the benefit group has chosen not to
average income;
(2) income is from
a source terminated in the month of application;
(3) employment began in the application month
and the income represents a partial month; or
(4) income is received more frequently than
weekly.
K.
Income
projection for earned income:
(1)
Income from the four-week period prior to the date of initial interview is used
to project monthly income, provided that the income is expected to continue. If
a determination is made that the prior income is not indicative of income
anticipated to be received during the certification period, then income from a
longer period of past time may be used. If the longer period is not indicative
of income anticipated to be received, then verification of anticipated income
shall be obtained from the income source.
(2) The methods described above may not give
the most accurate estimate of monthly earnings due to unique circumstances that
may occur. In such cases, the caseworker shall use whichever method provides
the most accurate estimate of earnings.
(3) An income projection shall be considered
valid for the certification period unless changes are made that affect
eligibility or benefit amount.
L.
Unearned income: For
purposes of anticipating future income, unearned income from the four-week
period prior to the date of interview shall be used, provided that the income
is expected to continue.
M.
Use of conversion factors: Whenever a full month's income is anticipated
and is received on a weekly or biweekly basis, the income shall be converted to
monthly amount as follows:
(1) income received
on a weekly basis is averaged and multiplied by 4.0;
(2) income received on a biweekly basis is
averaged and multiplied by 2.0;
(3)
averaged income shall be rounded to the nearest whole dollar prior to
application of the conversion factor; amounts resulting in $.50 or more are
rounded up; amounts resulting in $.49 or lower are rounded down.
