Tenn. Comp. R. & Regs. 1240-01-04-.25 - INCOME OF RESIDENT FARM LABORERS, MIGRANT HH/AG'S, SCHOOL EMPLOYEES, AND OTHER CONTRACTUAL EMPLOYEES

(1) Resident Farm Laborers.

(a) Stable Income - Single Employer.

1. Farm laborers whose primary source of income is from regular farm employment with the same employer are normally employed for the entire year and receive a regular monthly salary.

2. Food Stamps. When the income is regular and does not vary from month to month, the monthly income figure will be used to determine the benefit level for the entire certification period.

3. AFDC. The regular monthly income figure will be used to determine the amount of the AFDC grant.

(b) Irregular Income - Single Employer.

1. In some instances, the HH/AG is paid for work done only during the work season, but resides year round on the farm and may receive advance or deferred payments, (sometimes known as "furnish"), during the non-work season. Some difficulty may be experienced in assigning an income figure to the farm worker whose income is high during the work season and correspondingly low during the non-work season when income is only from advance or deferred payments.

2. Food Stamps. Variation in income between work and non-work cycles may be quite substantial. Even if income is prorated unevenly over the certification period to account for variations, consideration should be given to assigning the household shorter certification periods to take into account the income actually available to the household or the household may be assigned a variable basis of issuance.

3. AFDC. Irregular income is to be averaged over a 12-month period.

(c) Regular or Irregular Income - Multiple Employers. When a farm laborer works regularly for more than one employer, the total income from all employers must be determined and then it is treated in the same manner as that received from a single employer. If work for multiple employers is irregular, the food stamp certification period should reflect actual income or variable basis of issuance should be assigned.

(2) Migrant Farm Laborers.

(a) Expedited Service - Food Stamps Only. Migrant farm laborers usually have little or no income when entering an area and may qualify for expedited services.

(b) Resources - Food Stamps/AFDC. It must be determined whether migrants have out-of-state resources or income from real property in the home base area. A migrant family is permitted one home and lot as an exemption from resources as any other HH/AG. For example, if the applicant has a home and lot in Texas and does not own a residence in Tennessee, the Texas home will be exempted as a resource. It must be determined whether out-of-state real property is being rented or is producing income. If such property is producing income, such income must be added to all other household income in determining eligibility for AFDC and eligibility and basis of issuance for food stamps.

(c) Work/WIN Registration

1. Food Stamps. Employable members of migrant households who are not employed at least 30 hours a week or receiving weekly earnings equal to the federal minimum wage multiplied by 30 hours must register for and accept suitable employment in the same manner as other persons.

2. AFDC Only. Migrant workers must register for WIN or be determined to be exempt from the registration requirement as any other AFDC applicant/recipient.

(d) Income of Children in Migrant Households - Food Stamps. The earned income of a student under 18 years of age is exempt and must be differentiated from the rest of the household's income. Unless income can be identified as being earned specifically by a student, the total income shall be prorated equally among the number of household members working and exclude that portion allotted to the student. This provision applies to students who are currently attending school and those who plan to return to school after academic breaks. Individuals are considered children for purposes of this provision if they are under the parental control of another household member.

(e) Income of Children in Migrant Households - AFDC. The income of children in migrant households will be treated as that of any other child for whom eligibility is being determined. If the amount of income belonging exclusively to a child cannot be determined, prorate equally the total income of all employed household members and treat the child's prorata share as his/her own income.

(3) School Employees.

(a) Food Stamps.

1. General Provisions for Income Averaging. HH's that derive their annual income in a period of time shorter than one year shall have that income averaged over a 12-month period, provided the income is not received on an hourly or piecework basis. This provision includes teachers and other school employees who are under a contract which is renewable on an annual basis. Such members will be considered to be receiving compensation for an entire year even though predetermined non-work periods are involved or actual compensation is scheduled for payment during the work periods only.

2. Contract Renewal. The renewal process may involve a signing of a new contract each year; be automatically renewable; or, in cases of school tenure, rehire rights may be implied and thus preclude the use of a written contract altogether.

3. Work - Non-work Cycle. The fact that such a contract is in effect for an entire year does not necessarily mean that the contract will stipulate work every month of the year. There may be certain predictable non-work periods or vacations.

4. Income. Income from such a contract will be considered as compensation for a full year regardless of the frequency of compensation as stipulated in the terms of the contract, as determined at the convenience of the employer, or as determined at the wish of the employee.

5. Determination of Eligibility, Basis of Issuance, and Certification Periods. The annual income household members received from contractual employment described above shall be averaged over a 12-month period to determine the member's average monthly income. To determine the HH's eligibility, all other monthly income from other HH members will be added to this average monthly income and income exclusions and deductions applied in the normal manner.

6. Exception. Policy as stated in 1240-01-04-.25(3)(a) 5. does not apply to recipients of emergency food stamp assistance issued under an FNS declared disaster. In case of emergency food stamp assistance, special rules apply which are dictated at the time of the emergency.

(b) AFDC. The average monthly income of school employees will be considered available during the months it is received.

(4) Income of Other Contractual Employees-AFDC. The average monthly income of persons employed on a contractual basis (other than school employees) will be considered as income during the period covered by the contract.

(5) Temporary Employment of Person Under Contract - FS/AFDC. After the appropriate earned income exclusions, disregards and deductions, income from temporary employment will be budgeted as available only in the months received. The same procedures outlined in the section below on Unemployment Compensation will be followed.

(6) Unemployment Compensation - FS/AFDC. Unemployment compensation is counted as income only in the months in which it is received. It is not to be annualized along with other annualized income from contractual employment. The monthly amount of the unemployment compensation benefit will be added to the monthly amount of income from employment to determine income available to meet current needs.

Notes

Tenn. Comp. R. & Regs. 1240-01-04-.25

Original rule filed August 15, 1980; effective September 29, 1980. Repeal and new rule filed December 10, 1981; effective January 25, 1982.

Authority: T.C.A. §§ 14-8-106 and 14-27-104; PL 97-35; 7 CFR 273.11.