405 IAC 2-3-19 - Income deemed from parents

Authority: IC 12-13-5-3; IC 12-13-7-3; IC 12-15-1-10

Affected: IC 12-15-4; IC 12-15-5

Sec. 19.

(a) Except as provided in section 4 of this rule, the amount of income of a parent(s) to be included as income to an applicant or recipient in section 20 of this rule is determined according to the following procedures:

(1) Determine the unearned income of the parent(s) which is not excluded by state or federal statute or regulation.

(2) If the stepparent of the applicant or recipient is living in the home of the applicant or recipient and his or her parent, subtract an allocation from the income of the parent as determined under subsection (b).

(3) Subtract an allocation to dependent children as determined under subsection (b).

(4) Subtract the general income disregard specified in section 3 of this rule. The resulting amount is countable unearned income.

(5) Determine the earned income of the parent(s).

(6) Subtract any remaining allocation to dependent children as determined under subsection (b).

(7) Subtract any remaining amount of the general income disregard.

(8) Subtract the earned income disregard specified in section 3 of this rule. The resulting amount is countable earned income.

(9) Combine countable unearned and countable earned income.

(10) Subtract the appropriate parental income standard specified in section 18 of this rule.

(11) The resulting amount is deemed as income to the applicant or recipient.

(b) An allocation equal to the individual's income subtracted from the applicable income standard in section 18 of this rule shall be subtracted first from unearned income and then from earned income for the following individuals:

(1) The applicant's or recipient's stepparent and the stepparent's dependent children who are not receiving assistance to families with dependent children. The allocation shall not exceed the stepparent standard specified in section 18 of this rule.

(2) A nonapplicant or nonrecipient dependent child of the parent(s), if the child is not receiving adoption assistance or assistance to families with dependent children. The allocation shall be subtracted from the income of the child's biological or adoptive parent(s).

(c) An allocation is not subtracted if the individual's income equals or exceeds the applicable income standard.

Notes

405 IAC 2-3-19

Office of the Secretary of Family and Social Services; 405 IAC 2-3-19; filed Feb 16, 1993, 5:00p.m.: 16 IR 1787; readopted filed Jun 27, 2001, 9:40 a.m.: 24 IR 3822; readopted filed Sep 19, 2007, 12:16p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA