Current through Supplement No. 394, October, 2024
1. All income that
is actually available must be considered. Income is actually available when it
is at the disposal of an applicant or recipient; when the applicant or
recipient has a legal interest in a liquidated sum and has the legal ability to
make the sum available for support or maintenance; or when the applicant or
recipient has the lawful power to make the income available or to cause the
income to be made available. In specific circumstances, income available to
individuals other than the applicant or recipient is deemed available. This
subsection does not supersede other provisions of this chapter which describe
or require specific treatment of income, or which describe specific
circumstances that require a particular treatment of income.
2. Income may be earned, unearned, or deemed.
It may be received regularly, irregularly, or in lump sums. Income may be
counted or excluded. It may be disregarded for some purposes, but not for
others. Other sections of this chapter explain those treatments.
3. Each household member must accept any
earned rights benefits to which entitled. Each household member must provide
verification as to whether the household member is qualified for earned rights
benefits; and, if qualified, must make application for those benefits and
secure those benefits if qualified.
4. Earned income includes:
a. Wages, salaries, commissions, bonuses, or
profits received as a result of holding a job or being self-employed;
b. Earnings from on-the-job training
including the Workforce Innovation and Opportunity Act;
c. Wages received as the result of
participation in a program under the Older Americans Act;
d. Wages received from sheltered workshop
employment;
e. Sick leave pay or
loss-of-time private insurance paid for the loss of employment due to illness
or injury;
f. Compensation for jury
duty;
g. Tips;
h. Income from boarders;
i. Income from room rentals;
j. Income from participation in job corps;
and
k. Income from internship or
stipends.
5. Unearned
income includes:
a. Social security, veterans
benefits of any kind, private pensions, pensions provided to former employees
of public entities, workers' compensation, unemployment benefits, union
compensation during strikes, and military allotments;
b. Rents paid without an appreciable amount
of personal involvement and effort provided as a service to the tenant, mineral
lease rentals, bonus payments and royalties, dividends, and interest
paid;
c. Cash
contributions;
d. Cash
gifts;
e. General assistance
payments made to any member of the household by a human service zone or the
bureau of Indian affairs; and
f.
Any other form of income that is not earned income.
6. Deemed income includes:
a. In the case of income deemed from a
stepparent, that stepparent's entire gross income less:
(1) The greater of one hundred eighty dollars
or the twenty-seven percent standard employment expense allowance;
(2) An additional amount for the support of
the stepparent and any other individuals living in the home whose needs are not
taken into account in making the eligibility determination and who are or could
be claimed by the stepparent as dependents for federal income tax purposes, but
not including any sanctioned individuals or individuals who are required to be
included in the household, but have failed to cooperate, equal to the standard
of need amount for a family group of the same composition and size as the
stepparent and those other individuals described in this paragraph;
(3) Spousal support payments, child support
payments, health insurance premiums, and child or adult dependent care costs
related to employment or employment and education or training actually being
made to or on behalf of individuals not living in the home; and
(4) Amounts actually being paid to
individuals not living in the home who are or could be claimed by the
stepparent as dependents for federal income tax purposes.
b. In the case of income deemed from the
sponsor of a sponsored alien, the income of the sponsor and the sponsor's
spouse is calculated by allowing:
(1) The
earned income disregard of the greater of one hundred eighty dollars or the
twenty-seven percent standard employment expense allowance; and
(2) A disregard equal to one hundred thirty
percent of the federal poverty level equal to the household size of the
sponsor.
General Authority: NDCC 50-09-02,
50-09-25
Law Implemented: NDCC
50-09-02
