Current through Register Vol. 39, No. 6, September 16, 2024
(a) The public agency shall consider
available earned and unearned income to determine eligibility for and amount of
Work First assistance as follows:
(1) Parents'
incomes, including the incomes of adoptive parents and stepparents, shall be
counted unless the parent, adoptive parent, or stepparent receives SSI,
provided that cash contributions from the parent to the assistance unit shall
be counted; and
(2) Countable net
unearned income of a child who is included in the assistance unit shall be
counted.
(b) The
following items of earned income shall be included in determining eligibility:
(1) income from wages, salaries, and
commissions;
(2) farm
income;
(3) business income
including self-employment;
(4)
rental income; and
(5) income from
roomers and boarders.
(c) The public agency shall consider
circumstances that constitute "good cause" for an applicant failing to report a
change that may affect payment are limited to:
(1) a family crisis or change including, but
not limited to, the death of a spouse, parent, or child;
(2) the hospitalization or illness a
caretaker, or a dependent child for whom the individual provides care,
including participation in substance use treatment or attendance at a medical
appointment;
(3) civil leave,
including jury duty or a required court appearance;
(4) lack of child care for parent or minor
parent in school, training, or other work activity; or
(5) any other reason determined by the
Director of the county department of social services, or his or her designee,
based on evidence provided by the recipient, applicant, or caretaker.
(d) The following items of
unearned income shall be included in determining eligibility for or the amount
of assistance:
(1) OASDHI benefits;
(2) Veterans Administration
benefits;
(3) Railroad Retirement
benefits;
(4) pensions or
retirement benefits;
(5) workmen's
compensation;
(6) unemployment
compensation;
(7) support payments
and contributions;
(8) work release
payments;
(9) dividends and income
from trust funds, stocks, bonds, and other investments;
(10) private disability or unemployment
benefits, including benefits from insurance plans;
(11) trade readjustment benefits;
(12) military allotments;
(13) brown lung benefits;
(14) black lung benefits;
(15) lump sum payments;
(16) cash contributions; and
(17) any other income unless excluded by
federal law of Paragraph (e) of this Rule.
(e) In addition to the unearned income
exclusions contained in 45
CFR 233.20, which is incorporated by
reference, including subsequent amendments and editions, and may be accessed at
www.congress.gov at no charge, the
following items of unearned income shall be excluded in determining eligibility
for assistance:
(1) food given to or grown by
a member of the household;
(2) the
value of the allotment received under the Food and Nutrition Services
Program;
(3) child support being
routed to IV-D Accounting;
(4)
assistance from other agencies and organizations, including financial
assistance and in-kind goods or services received from a governmental, civic,
or charitable organization so long as such aid is for rehabilitation purposes,
special training or educational opportunities and provided no duplication
exists;
(5) HUD Section 8
payments;
(6) loans (if there is
any agreed upon repayment plan);
(7) assistance received through the Low
Income Home Energy Assistance Program including the Crisis Intervention
Program;
(8) home energy assistance
as defined in 45 CFR
233.53;
(9) income paid to a child recipient through
the Workforce Innovation and Opportunity Act (WIOA),
P.L.
113-128, as need-based payments, payments for
supportive services, compensation in lieu of wages and payments to Job Corps
participants;
(10) gifts, including
but not limited to birthday, Christmas and graduation. If the payee states in
writing the gift was intended for the entire assistance unit, the gift shall be
divided among assistance unit members. The gift shall be divided in the manner
that is most advantageous to the assistance unit; and
(11) earned income from temporary census
employment.
(f) The
applicant or recipient shall provide verification of income including
operational expenses for farm or self-employment income. For gifts, the
recipient shall be responsible for obtaining a written statement from the
provider of the gift indicating the amount, date given and purpose.
Authority
G.S.
108A-25;
108A-27;
108A-33;
143B-153;
45 C.F.R.
233;
Eff. February 1, 1984;
Temporary Rule Eff. March 5, 1990, for a Period of 180 Days to Expire on August
31, 1990;
Amended Eff. September 1, 1990; June 1, 1990; August 1,
1988; February 1, 1986;
Readopted Eff. October 1,
2021.
