130 Mass. Reg. 506.004

Current through Register 1523, June 7, 2024

Section 506.004 - Noncountable Household Income

Because of state or federal law the following types of income are noncountable in the determination of eligibility for individuals described at 130 CMR 506.002. Changes to state or federal law may affect whether the following remains noncountable:

(A) TAFDC, EAEDC, or SSI income;

(B) federal veteran benefits that are not taxable in accordance with IRS rules;

(C) income-in-kind;

(D) roomer and boarder income derived from persons residing in the applicant's or member's principal place of residence;

(E) most workers' compensation income;

(F) pretax contributions to salary reduction plans for payment of dependent care, transportation, and certain health expenses within allowable limits;

(G) child support received;

(H) alimony payments under separation or divorce agreements finalized after December 31, 2018, or pre-existing agreements modified after December 31, 2018. For individuals with alimony agreements finalized on or before December 31,2018, alimony continues to be included in the income of the recipient for the duration of the agreement unless or until the agreement is modified;

(I) taxable amounts received as a lump sum, except those sums that are counted in the month received; in the case of lottery or gambling winnings, those sums that are counted in the month or months required under federal law, including the Tax Cut and Jobs Act of 2017, Public Law 115-97;

(J) money received for acting as a Parent Mentor as defined under section 1397 mm(f)(5) of chapter 42 of the United States Code of the Social Security Act;

(K) income received by independent foster-care adolescents described at 130 CMR 505.002(H): Eligibility Requirements for Former Foster-care Individuals;

(L) income from children and tax dependents who are not expected to be required to file a tax return under Internal Revenue Code, U.S.C. Title 26, § 6012(a)(1) for the taxable year in which eligibility for MassHealth is being determined, whether or not the children or the tax dependents files a tax return; and

(M) any other income that is excluded by federal laws other than the Social Security Act.