9 CCR 2503-5-3.544 - AND-SO INCOME DISREGARDS AND DEEMED INCOME
Disregards shall be applied before calculating a client's total countable income. If a client's total countable income equals or exceeds the AND-SO grant standard after the disregards are applied, he or she shall be denied following the policies outlined in Section 3.554.
A. If the client has earned income, apply the
following income disregards:
1. Deduct $65
from the gross earned income; and,
2. Divide the remainder by two (2).
3. The result is the countable earned
income.
B. If the client
has unearned income, apply the following income disregards:
1. Determine the client's gross unearned
income from all sources.
2. Deduct
$20.00. If the client is married, the $20.00 disregard shall be split between
the client and the spouse so that no more than a $20.00 disregard is
applied.
3. The result is countable
unearned income.
C.
Subtract the countable earned and countable unearned income from the AND-SO
grant standard to determine the grant payment amount.
D. A portion of the earned income of the
AND-SO client's spouse shall be deemed to the client, as follows:
1. Deduct sixty five dollars ($65) from the
spouse's gross earned income; and,
2. Divide the remainder by two (2);
and,
3. The result is the amount of
earned income deemed to the client.
4. The deemed earned income shall be
considered income to the client and shall be deducted, together with any other
income, from the grant of the client.
5. Wages being garnished by the court are
countable earned income.
E. A portion of the unearned income of the
AND-SO client's spouse shall be deemed to the client, as follows:
1. Determine the spouse's unearned monthly
gross income.
2. Deduct $20.00
unless the client also has unearned income. The $20.00 disregard shall be split
between the client and the client's spouse so that no more than a $20.00
disregard is applied.
3. The result
is deemed to the client.
F. If a client's spouse is receiving Adult
Financial grant payments, SSI benefits, or Medicaid assistance and has income
no greater than the SSI limit, their income shall not be considered as
available to the client and shall not be deemed. If a client's spouse is
institutionalized and the client has retained the minimum monthly maintenance
needs allowance (MMMNA), the MMMNA shall be deducted from the institutionalized
spouse's total income.
G. A
sponsor's income can only be deemed to the non-citizen client he or she
sponsors. The amount of earned and unearned income to deem from a sponsor(s) to
a non-citizen client is calculated as follows:
1. The total gross earned and unearned income
of the sponsor are added together.
2. The following deductions are subtracted
from the total income of the sponsor:
a. A
deduction for the sponsor equal to the current SSI benefit standard for an
individual, as defined in Section 3.510 ; plus
b. A deduction for the sponsor's spouse
living in the same household with the sponsor, equal to one-half the current
SSI benefit standard for an individual, as defined in Section 3.510 ; or a
deduction for the sponsor's spouse, who is also a co-sponsor of the
non-citizen, equal to the current SSI benefit standard for an individual;
plus
c. A deduction equal to
one-half the SSI benefit standard for an individual, as defined in Section
3.510, for each person who is a dependent of the sponsor (other than the
non-citizen client and the non-citizen client's spouse).
3. The difference between the total income
and the total deductions is deemed as unearned income to the non-citizen
client. This deemed income is added to the non-citizen client's own income to
determine the total countable income.
4. The non-citizen client's countable income
is compared to the income standard of the Adult Financial program for which the
non-citizen client is applying to determine eligibility and/or the grant
payment amount.
5. If more than one
non-citizen client has the same sponsor, all of the sponsor's income is deemed
to each non-citizen client. Do not divide the sponsor's income among the
non-citizen clients.
H.
The county department shall determine all countable earned and unearned income
available from the client, the spouse, and the sponsor(s). The total shall be
deducted from the AND-SO grant to determine the client's grant payment
amount.
Notes
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