Current through Register Vol. 39, No. 6, September 16, 2024
(a) For the purpose
of this Rule, the term "income unit" means persons who reside in the same
household and who are responsible for the financial support of the individual
whose eligibility for child care services is being determined.
(b) For the purposes of the rules in this
Chapter, "income unit size" means the number of individuals in the income unit,
and "gross income of the income unit" means the total amount of the income used
to determine child care eligibility.
(c) If an individual meets any of the
criteria set forth in
10A NCAC
10.0905 or
10.0905 .0907, the Local
Purchasing Agency shall determine:
(1) the
number of persons in the individual's income unit through the eligibility
application in NC FAST or through the eligibility interview process;
and
(2) the amount of gross income
available to the income unit in accordance with
10A NCAC
10.1006.
(d) Individuals who meet any of the criteria
set forth in
10A NCAC
10.0905 or
10.0905 .0907 shall be eligible
to receive Subsidized Child Care Services, provided that:
(1) for initial eligibility and annual
redeterminations, the gross income of the income unit:
(A) for children ages 0 to 5 years old shall
not exceed the state's maximum income eligibility limit of 200 percent of the
federal poverty line, as set forth in
42 USC
9902(2) and
82 FR 8831, for the number of
persons in that income unit;
(B)
for children ages 6 to 12 years old shall not exceed the state's maximum income
eligibility limit of 133 percent of the federal poverty line, as set forth in
42 USC
9902(2) and
82 FR 8831, for the number of
persons in that income unit; or
(C)
for any child with special needs as defined
10A NCAC
10.0910 shall not exceed the state's maximum
income eligibility limit of 200 percent of the federal poverty line, as set
forth in 42 USC
9902(2) and
82 FR 8831, for the number of
persons in that income unit.
42 USC
9902(2) and
82 FR 8831 are incorporated by
reference including subsequent amendments and editions and are available at no
cost at
https://www.govinfo.gov/content/pkg/USCODE-2010-title42/pdf/USCODE-2010-title42-chap106-sec9902.pdf
and
https://www.govinfo.gov/content/pkg/FR-2017-01-31/pdf/2017-02076.pdf.
(2) for
individuals whose income increases during the annual eligibility period, the
maximum income eligibility limit for children of all ages and special needs
status shall not exceed 85 percent of the state median income for that income
unit size.
(e) The
following individuals living in a residence shall be separate income units for
the purposes of determining eligibility for child care services:
(1) biological and adoptive parents and their
minor children. A step-parent shall be included in the income unit with his or
her spouse if the children in need of care include the step-parent and spouse's
biological or adoptive children and step-siblings;
(2) a minor parent and his or her
children;
(3) each person 18 years
of age or older; and
(4) each child
living with anyone other than their biological or adoptive parents.
(f) Income to be considered when
computing the gross income of the income unit shall include:
(1) gross earned wages or salary, which are
defined as earnings received for work performed as an employee, including
wages, salary, commissions, tips, piece-rate payments, and cash bonuses earned,
before any deductions such as for taxes, bonds, pensions, and union
dues;
(2) gross income from taxable
self-employment income after deductions made for business expenses and any
other expense that is deductible for purposes of federal or state tax
returns;
(3) Social Security
benefits including Social Security pensions, survivors' benefits, and permanent
disability insurance payments;
(4)
dividends, interest on savings or bonds, income from estates or trusts,
royalties, and adjusted gross rental income on houses, stores, or other
property;
(5) pensions and
annuities paid by an employer or union or through an insurance
company;
(6) workers'
compensation;
(7) unemployment
insurance benefits;
(8) alimony
including direct and indirect payments such as rent and utility
payments;
(9) child support, direct
or indirect, such as health care costs, school tuition, camps, lessons, and
afterschool activities;
(10)
pensions paid to veterans or survivors of deceased veterans;
(11) On-the-Job Training (OJT)
payments;
(12) Job Training
Partnership Act (JTPA) payments made to an adult;
(13) AmeriCorps stipend;
(14) the taxable amount of Armed Forces
pay;
(15) work release
payments;
(16) Cherokee Tribal Per
Capita Income paid to adult family members;
(17) work-study payments, if the income is
from a program not administered under Title IV of the Higher Education Act or
the Bureau of Indian Affairs; and
(18) recurring cash contributions paid to the
parent, such as severance pay or child support not paid pursuant to a written
agreement or court-ordered arrangement.
(g) The following sources of income shall not
be counted when computing the gross income of the income unit:
(1) Work First Family Assistance;
(2) Supplemental Security Income
(SSI);
(3) non-recurring lump sum
payments such as Social Security benefits, workers' compensation, alimony,
veteran's benefits, and housing assistance paid to or on behalf of a family
member by HUD;
(4) foster care
assistance payments;
(5) Adoption
Assistance payments;
(6) payments
or trust funds from the Indian Claims Commission;
(7) payments from the Alaska Native Claims
Settlement Act;
(8) income from
sale of personal assets including stocks, bonds, house, car, and
insurance;
(9) money
borrowed;
(10) tax refunds,
including Earned Income Tax Credits or Dependent Care Credits;
(11) gifts or contributions, including cash,
monetary gifts, and charitable contributions given on a regular basis to meet
the recipient's needs;
(12)
non-cash contributions from non-legally responsible adults, such as food,
clothing, furniture, or non-cash military benefits such as insurance;
(13) Emergency Assistance, Low Income Energy
Assistance Program, Crisis Intervention Program, General Assistance, or
CP&L Share Program payments;
(14) Section VIII housing subsidy;
(15) capital gains;
(16) the value of food stamp benefits
allotted under the Food Stamp Act of 1977;
(17) free and reduced lunch
program;
(18) food subsidy
programs;
(19) Relocation or
Acquisition Act payments;
(20)
earnings of a dependent child under 18 years of age, unless the child is a
minor parent of a child needing child care;
(21) loans, grants, scholarships, and money
received to pay for job training;
(22) home produce utilized for household
consumption;
(23) Volunteers in
Service to America (VISTA) earnings;
(24) all subsidized housing and housing
allotments, including military housing allotments. If rent is provided by an
organization on a recurring basis, it shall be counted as income;
(25) money received from an employer as an
employee benefit for child care; and
(26) work-study payments, if the income is
from the College Work-Study Program administered under Title IV of the Higher
Education Act or the Bureau of Indian Affairs.
Authority
G.S.
143B-153;
42 USC
9902;
45 CFR 98.20;
Eff.
July 1, 1983;
Amended Eff. April 1, 2001; February 1, 1996; July 1,
1992; October 1, 1991;
Readopted Eff. March 1,
2019.
