10A NCAC 71W .0408. INCOME

(a)  Consideration of available income to determine eligibility for and amount of assistance.

(1)           Parent's net income shall be counted unless the parent:

(A)          receives SSI.  Provided that cash contributions from the parent to the assistance unit shall be counted.

(B)          is excluded from the assistance unit because he does not meet eligibility requirements.  Gross income of the parent minus his needs shall be counted if he is excluded because he does not meet eligibility requirements.  If the parent's needs have already been considered in calculating deemed income from a stepparent, the parent's gross income shall be counted.

(2)           Minor mother's net income shall be counted unless she:

(A)          is a student and qualifies for earned and unearned income exclusions.  See unearned or earned income exclusion in (c) and (f) of this Rule.

(B)          receives SSI.  Provided that cash contributions from the minor mother to the assistance unit shall be counted.

(C)          is excluded from the assistance unit because she does not meet eligibility requirements.  Gross income of the minor mother minus her needs shall be counted if she is excluded because she does not meet eligibility requirements.  If the minor mother's needs have already been considered in calculating deemed income from a stepparent, the minor mother's gross income shall be counted.

(3)           Stepparent.  If the stepparent is included in the assistance unit, his net income shall be counted.  If the stepparent is not in an assistance unit, net income shall be counted unless he is an SSI recipient.  If he is an SSI recipient only cash contributions from him to the assistance unit shall be counted.

(4)           Specified relative other than parent.  If the specified relative is included in the assistance unit, net income shall be counted.  If he is not included in the assistance unit, only cash contributions from him to the assistance unit shall be counted.

(5)           Child.  Countable net income of a child who is included in the assistance unit shall be counted.

(6)           Essential person.  Net income of an essential person 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)           small business income including self‑employment;

(4)           rental income;

(5)           income from roomers and boarders;

(6)           earned income tax credit; and

(7)           supplemental payments in excess of state's maximum rates for Foster Care and State Foster Home Funds paid by the county to AFDC recipients who serve as foster parents.

(c)  Earned income exclusions are found in 45 CFR 233.20 and this provision is hereby adopted by reference under G.S. 150B‑14(c).  In addition, the following items of earned income shall be excluded in determining eligibility:

(1)           Foster Care and State Foster Home Payments equal to or below the state maximum rates to AFDC recipients who serve as foster parents;

(2)           Earned income from the 185 percent limitation for up to six months in a calendar year of a child applicant/recipient who is a full‑time student;

(3)           Earned income from census employment under Section 1115 Demonstration Project Approved by the DHHS contingent on receipt of federal regulations in sufficient time for implementation.

(d)  Good Cause Provisions for Failure to Report Income or Return Monthly Report Timely.

(1)           Circumstances that constitute "good cause" for failing to report income in a timely manner are limited to:

(A)          the death of a household member;

(B)          the hospitalization of the applicant or recipient or a dependent child for whom she provides care;

(C)          failure of the applicant or recipient to report a change in monthly income of five dollars ($5.00) or less;

(D)          any other reason determined by the hearing officer based on evidence provided by the recipient.

(2)           Circumstances that constitute "good cause" for failing to return a monthly report form in a timely manner are limited to:

(A)          the death of a household member;

(B)          the hospitalization of the recipient or a dependent child for whom she provides care;

(C)          extenuating circumstances beyond the control of the recipient.  Extenuating circumstances are defined as a natural disaster, a fire, computer breakdown, a postal strike, or postal delay provided the return envelope is postmarked the day prior to the deadline;

(D)          any other reason determined by the county director or his designee based on evidence provided by the recipient.

(e)  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;

(10)         private disability or unemployment benefits, including benefits from insurance plans;

(11)         any portion of loans, grants, or scholarships designated or used for maintenance needs which is a duplication of items included in the assistance standard;

(12)         trade readjustment benefits;

(13)         military allotments;

(14)         brown lung benefits;

(15)         black lung benefits;

(16)         lump sum payments;

(17)         deemed income from a stepparent not receiving assistance;

(18)         deemed income to an alien from a sponsor and his spouse if living together;

(19)         any other income unless excluded by federal law of Paragraph (f) of this Rule;

(20)         cash contributions.

(f)  Unearned income exclusions are found in 45 CFR 233.20 and this provision is hereby adopted by reference under G.S. 150B‑14(c).  In addition, 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 coupon allotment received under the Food Stamp Program;

(3)           child support being routed to IV‑D Accounting;

(4)           assistance from other agencies and organizations.  This includes 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 Energy Assistance Program including the Crisis Intervention Program;

(8)           home energy assistance as defined in 45 C.F.R. 233.53 and this provision is adopted by reference under G.S. 150B‑14(c);

(9)           income paid to a child recipient through Job Training Partnership Act of 1982 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, up to thirty dollars ($30.00) per calendar quarter per assistance unit member.  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.

(g)  Verification.  The client shall be responsible for providing verification of earned 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.  The county department of social services shall be responsible for all other income verifications.

 

History Note:        Filed as a Temporary Rule Eff. March 5, 1990, for a Period of 180 Days to Expire on August

31, 1990;

Authority G.S. 108A‑25; 108A‑33; 143B‑153; 45 C.F.R. 233; 42 U.S.C. 1315;

Eff. February 1, 1984;

Amended Eff. September 1, 1990; June 1, 1990; August 1, 1988; February 1, 1986.