Current through Register Vol. 39, No. 6, September 16, 2024
(a) Individuals
other than those eligible on the basis of income maintenance status may be
determined eligible on the basis of that individual's income unit's monthly
gross income.
(b) To determine
income eligibility, it is necessary to determine the number of individuals who
reside in the same household who are financially obligated to one another (the
income unit) and the amount of the gross monthly income available to
them.
(c) The following are defined
as separate income units for purposes of determining eligibility and fees.
(1) Biological or adoptive parents and their
minor children;
(2) A minor parent
and his or her children;
(3) Each
adult, whether related or unrelated, other than spouses;
(4) Children living with adults other than
their biological or adoptive parents;
(5) Minors who are emancipated through a
court proceeding, marriage or participation in the armed services.
(d) Sources of income which shall
be considered for purposes of computing family monthly gross income are:
(1) Gross earned wages or salary (earnings
received for work performed as an employee, including wages, salary,
commissions, tips, piece-rate payments, and cash bonuses earned, before any
deductions are made for taxes, bonds, pensions, union dues);
(2) Adjusted gross income from taxable
self-employment income;
(3) Social
Security benefits (includes Social Security pensions, survivors' benefits and
permanent disability insurance payments);
(4) Dividends; interest (on savings or
bonds); income from estates or trusts; royalties; adjusted gross rental income
on houses, stores or other property;
(5) Pensions and annuities paid directly by
an employer or union or through an insurance company;
(6) Workers' compensation for injuries
incurred at work;
(7) Unemployment
insurance benefits;
(8) Alimony
(includes direct and indirect payments, such as rent and utility
payments);
(9) Child support,
direct or indirect;
(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 (living
allowance);
(14) Armed Forces pay
(only the amounts taxable, such as base 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 directly to the parent.
(e) Sources of income that shall not be
counted when computing family gross monthly are:
(1) Work First Family Assistance;
(2) Supplemental Security Income
(SSI);
(3) Lump sum payments (e.g.
Social Security benefits, workers' compensation, alimony, veteran's benefits,
HUD);
(4) Foster care assistance
payments;
(5) Adoption Assistance
payments;
(6) Payments/trust funds
under the Indian Claims Commission;
(7) Payments from the Alaska Native Claims
Settlement Act;
(8) Income from
sale of personal assets (stocks, bonds, house, car, and insurance);
(9) Bank withdrawals;
(10) Money borrowed;
(11) Tax refunds;
(12) Gifts or contributions;
(13) In-kind contributions from non-legally
responsible adults;
(14) Emergency
Assistance, Low Income Energy Assistance Program, Crisis Intervention Program,
General Assistance, or Progress Energy Share Program payments;
(15) Section VIII housing subsidy;
(16) Capital gains;
(17) Value of food stamp benefits allotted
under the Food Stamp Act of 1977;
(18) Free and reduced lunch
program;
(19) Food subsidy
programs;
(20)
Relocation/Acquisition Act payments;
(21) Earnings of a dependent child under 18
years of age, unless a minor parent of a child needing child care;
(22) Loans, grants, scholarships, money
received through job training, Pell or Carl Perkins grants;
(23) Home produce utilized for household
consumption;
(24) Volunteers in
Service to America (VISTA) earnings;
(25) Payments received as Earned Income Tax
Credits or Dependent Care Credits;
(26) All subsidized housing and housing
allotments, including military housing allotments. If rent is provided directly
to the landlord, it shall not be counted. If, however, the rent monies are paid
to the individual, it shall be counted as income;
(27) Money received from an employer as an
employee benefit for child care; and
(28) 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. (Likewise, if the income from
college work-study goes directly to the college, it is not counted as
income.)
Authority
G.S.
50-13.4; 110.129(2); 143B-153;
Eff. July 1, 1983;
Amended Eff. November 1, 2007; October 1, 1991;
May 1, 1990;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. May 20,
2017.
