Conn. Agencies Regs. § 17b-749-05 - Financial eligibility requirements

(a) Gross Income Eligibility

(1) Gross countable family income for applicants and recipients shall be less than fifty percent of the state median income level for the appropriate family size as established by the Department of Health and Human Services. The commissioner shall have discretion to increase the income limit to up to seventy-five percent of the state median income level for all CCAP recipients or for both applicants and recipients. The commissioner may also, upon the request of the commissioner of Children and Families, waive the gross income limit for families who need child care assistance for a child who was adopted from the Department of Children and Families after October 1, 1999 and whose countable income does not exceed the maximum level established for participation pursuant to 42 CFR section 98.20 of the federal Child Care and Development Fund Regulations. Adoptive families for whom the income limit is waived shall be responsible for paying the maximum fee required pursuant to subsection (f) of section 17b-749-13 of the Regulations of Connecticut State Agencies.

(2) A family whose income equals or exceeds the established income limit shall be ineligible for CCAP, unless the income exceeds the limit for not more than one calendar month due to an extra pay period or other temporary increase.

(3) Income shall be counted in the month it is received by the family member, except to the extent the income is averaged in accordance with requirements of subsection (d) of this section.

(4) The department shall adjust the state median income standards annually. For new applicants, the adjusted standards shall take effect beginning on or after July 1 of each year. For families receiving child care assistance on June 30, the adjusted standards shall take effect not later than the first redetermination completed after July 1 of each year.

(b) Countable Income

(1) In determining the gross income, the following types of income shall be counted except as specified in subdivision (2) of this section:

(A) unearned income of all adult and child family members; and

(B) gross earnings of all parents and adult family members.

(2) The following types of income shall be excluded from the gross income determination:

(A) TFA cash assistance benefits;

(B) child support payments;

(C) income paid by the Census Bureau to low-income temporary census workers;

(D) the value of Food Stamp benefits;

(E) the earnings of a family member who is under the age of eighteen who is not the parent of a child for whom assistance is requested;

(F) earned income credit payment, including advanced payments;

(G) cash contributions from non-profit charitable agencies or organizations;

(H) interest and dividends totaling less than six hundred dollars per calendar year;

(I) lump sum payments from unearned income sources totaling less than six hundred dollars per calendar year;

(J) income tax refunds;

(K) special need payments issued by the department on behalf of a cash assistance recipient that are paid to a vendor;

(L) income from the sponsor of a non-citizen;

(M) grants, loans and scholarships paid to students;

(N) cash gifts received on an irregular basis, the aggregate of which does not exceed twelve hundred dollars per calendar year;

(O) the value of goods and services given as in-kind income rather than cash payments;

(P) reimbursements for expenditures that do not represent a benefit or gain to the recipient;

(Q) disaster assistance paid under the Disaster Relief Act of 1974, as amended, including the Individual and Family Grant (IFG) program, and comparable disaster assistance provided by states, local governments and private organizations, and any interest earned on funds from this source;

(R) payments made by the Department of Labor to meet the cost of pursuing employment;

(S) state or federal government rental subsidies;

(T) security deposits returned by a landlord to the family;

(U) payments made under means-tested energy assistance programs and utility subsidies; and

(V) payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

(c) Income Deductions

(1) Self-employed individuals shall be entitled to standard deductions for business expenses permitted under the Internal Revenue Code. Deductions shall be allowed only after submission of appropriate documentation using applicable Internal Revenue Service forms and schedules.

(2) Payments made for child support shall be deducted from the gross income of the individual who makes the support payment. A representative average shall be used if the amount of the support payments fluctuates.

(d) Income Calculations

(1) Gross income shall be calculated based on the best estimate of the income the family is expected to receive. Income received monthly or over a more frequent period shall be annualized based on the amount received in the four week period immediately prior to the date of the income calculation. If the income fluctuates in an unpredictable manner, the income shall be averaged over a longer more representative period. If income is received regularly according to a schedule, the income shall be annualized based on such schedule.

(2) School or other employees who are under contract shall have income annualized over the contract period. Income received less frequently than monthly shall be averaged over the period which it is intended to cover.

(3) If the income is expected to change or when a family member is beginning new employment or changing work schedules, gross income shall be calculated based on the best estimate of the income the family is expected to receive over the next six months. The CCAP administrator shall use all available documentation to make the determination.

(4) Self-employed family members shall have income calculated based on the prior years income tax return or current business records, whichever is most representative of the current projected earnings. Standard business deductions shall be allowed in accordance with the requirements of subdivision (1) of subsection (c) of this section.

Notes

Conn. Agencies Regs. § 17b-749-05

Adopted effective July 10, 2001