405 IAC 2-1.1-5 - Income
Authority: IC 12-13-7-3; IC 12-15
Affected: IC 12-15-2; IC 12-15-3
Sec. 5.
(a)
Individuals declared eligible for benefits by reason of age, disability, or
blindness are subject to the income definition and exclusions set forth in
42
U.S.C. 1382a and 20 CFR Part 416, Subpart K
Income.
(b) The income standard to
be used is one hundred percent (100%) of FPL.
(c) The following apply in determining the
household size of an applicant or member for purposes of determining income:
(1) An unmarried applicant or member will be
considered a household of one (1).
(2) A married applicant or member will be
considered a household of two (2).
(3) A child applicant or member under
eighteen (18) years of age living with only one (1) biological or adopted
parent will be considered a household of one (1).
(4) A child applicant or member under
eighteen (18) years of age living with:
(A)
two (2) biological parents;
(B) two
(2) adopted parents; or
(C) one (1)
biological and one (1) adopted parent; will be considered a household of two
(2).
(d) A
maximum allocation of three hundred ninety-two dollars ($392) for the year 2020
can be deducted for the below individuals who live with the applicant or
member. The allocation amount is adjusted yearly based on federal guidance.
(1) Biological or adopted children of the
applicant or member under eighteen (18) years of age not receiving adoption
assistance or temporary assistance for needy families.
(2) Biological or adopted children of the
applicant or member under twenty-two (22) years of age if attending a college
or university as at least a half-time student not receiving adoption assistance
or temporary assistance for needy families.
(3) An essential person as defined in
405 IAC
2-1-1(3).
(4) A stepparent.
(5) A biological or adoptive sibling under
the care of the child applicant or member's parent or parents.
(e) If the countable income
calculated according to subsection (d) for any individual listed in subsection
(d)(1) through (d)(5) is greater than three hundred sixty-one dollars ($361),
there will not be a deduction for that individual. If the countable income
calculated according to subsection (a) for any individual listed in subsection
(d)(1) through (d)(5) is less than three hundred sixty-one dollars ($361), then
the allocated amount to be deducted for such individual shall be the difference
between three hundred sixty-one dollars ($361) and that individual's countable
income.
(f) Beginning in calendar
year 2014, the allocation amount specified in subsection (d) shall increase
annually in the same percentage amount that is applied to SSI benefits under
42 U.S.C.
1382f. The increase in the allocation amount
shall be effective on the first day of the same month in which the office
processes the Title II costs of living adjustments received by public
assistance members under
42 U.S.C.
415(i).
(g) To be considered income eligible while
either residing in an institution or while receiving home and community based
waiver services, an individual must have countable income that is not more than
the special income level as follows:
(1) If
residing in an institution, the individual must reside there for a period of
not less than thirty (30) continuous days. If a person dies before the thirty
(30) continuous days has passed, it is assumed that the thirty (30) continuous
days has been met.
(2) The
countable income for an individual described in this subsection consists only
of income of the individual, which includes the following:
(A) Gross earnings.
(B) Net rental income.
(C) Net self-employment income.
(D) All gross unearned income, excluding
SSI.
(3) Any income from
another financially responsible relative described under
405 IAC
2-3-4 will not be included when determining whether an
individual falls below the special income level.
(4) Income that has been placed or delivered
to a trust described in
405 IAC 2-3-22(i)(2)
will be disregarded for purposes of
determining income eligibility under the special income level.
Notes
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