16 Del. Admin. Code § 4000-4008

Current through Register Vol. 28, No. 7, January 1, 2025
Section 4000-4008 - Determining Financial Eligibility and Grant Amounts in TANF

There are two income tests to determine financial eligibility. The first test is a gross income test, and the second is a net income test.

Comparing the family's income to 185% of the applicable standard of need is the gross income test. Both applicants and recipients must pass this income test. The other income test compares the family's income, after applying certain disregards to the applicable standard. This is a net income test. Applicants are defined as families who have not received assistance in at least one of the four months immediately preceding the application. For applicants, the net income is compared to the payment standard. Recipients are defined as families who have received assistance in at least one of the four months preceding the application or are current recipients. For recipients the net income is compared to the standard of need. A family's income must be less than the gross and net income limits to be financially eligible for Delaware's Temporary Assistance for Needy Families. Once eligibility is established, the grant amount is determined.

Gross income is the total of the earned and unearned income. Wages and self-employment income are examples of earned income (DSSM 4004.1). Social Security benefits, child support, and step-parent income are examples of unearned income (DSSM 4005). Check DSSM 4006 for excluded income that is not counted to determine TANF eligibility and benefit amounts.

NOTE: Please refer to the most recent Cost Of Living Adjustment (COLA) Administrative Notice for the up to date Income Eligibility Standards.

4008.1.1 Applicant Eligibility

STEP 1: GROSS INCOME TEST

Compare the gross income to 185% of the applicable Temporary Assistance for Needy Families standard of need. Deny assistance if the income exceeds 185% of the applicable Temporary Assistance for Needy Families standard of need.

STEP 2: APPLICANT NET INCOME TEST

Subtract the earned income deduction ($90.00) and child care expenses from each wage earner's earnings. Add the net earned income to unearned income to determine the net family income. Compare the net income to the payment standard. Deny assistance if the income exceeds the payment standard. If income is less than the payment standard, continue to step 3.

STEP 3: TANF GRANT COMPUTATION

From earned income, subtract the standard work deduction ($90.00), and 30 plus 1/3 disregard (if applicable) from each earner's earned income, and child care. Add the net earned income to unearned income to calculate the family's net income. Subtract the net income from the applicable standard of need; the number calculated is the deficit. Multiply the deficit by 50%; the number calculated is the remainder. The grant is either the remainder or the payment standard whichever is less.

4008.1.2 Recipient Eligibility

STEP 1: GROSS INCOME TEST

Compare the gross income to 185% of the applicable standard of need. Deny assistance if the income exceeds 185% of the applicable standard of need.

STEP 2: RECIPIENT NET INCOME TEST

From earned income subtract the standard work deduction ($90.00), the 30 plus 1/3 disregard (if applicable) from each earner's earned income, and child care. Add the net earned income to unearned income to calculate the family's net income. Deny assistance if the income exceeds the standard of need. If income is less than the standard of need, continue to the next step.

STEP 3: TANF GRANT COMPUTATION

Subtract the net income from the applicable standard of need; the number calculated is the deficit. Multiply the deficit by 50%; the number calculated is the remainder. The grant is either the remainder or the payment standard whichever is less

4008.1.3 Applicant Example #1

STANDARD OF NEED $939
PAYMENT STANDARD $338
PENSION $150
EARNINGS $400
DEPENDENT CARE $ 0

Step 1: GROSS INCOME TEST

Pension $150
Earnings +$400
Gross Income $550
$500 < $1,737 (185% of $939)
Test Result: Passes 185% Income Test

Step 2: APPLICANT NET INCOME TEST

Net Earned Income $310 ($400 - $90)
Pension $150
$460 < $338 Payment Standard
Test Result: Fails the Application Net Income Test Deny Assistance to the Family

APPLICANT EXAMPLE #2:

STANDARD OF NEED $939
PAYMENT STANDARD $338
EARNINGS $400
DEPENDENT CARE $ 50

Step 1: GROSS INCOME TEST

Earnings $400
Gross Income $400
$400 < $1,737 (185% of $939)
Test Result: Passes 185% Income Test

Step 2: APPLICANT NET INCOME TEST

Net Earnings $310 ($400 - $90)
Net Income $310
$310 < $338 Payment Standard
Test Result: Passes the Applicant Net Income Test

Step 3: TANF GRANT COMPUTATION

Work Deductions
Gross Earnings $400
Work Deduction -$90
$310
$30 Deduction -$30
$280
1/3 Deduction -$94
Net Earnings $186
Deficit $600
x50%
Grant Amount $300

RECIPIENT EXAMPLE

STANDARD OF NEED $939
PAYMENT STANDARD $338
PENSION $150
EARNINGS $400
DEPENDENT CARE $ 0

Step 1: GROSS INCOME TEST

Pension $150
Earnings +$400
Gross Income $550
$500 < $1,737 (185% of $939)
Test Result: Passes 185% Income Test

Step 2: RECIPIENT NET INCOME TEST

Work Deductions
Gross Earnings $400
Work Deduction -$90
$310
$30 Deduction -$30
$280
1/3 Deduction -$94
Net Earnings $186
Pension $150
Net Earnings +$186
Net Income $336
$336 < $939 Standard of Need
Test Result: Passes Net Income Test

Step 3: TANF GRANT COMPUTATION

Standard of Need $939
Net Income -$336
Deficit $603
x50%
Grant Amount $301

4008.2 Child Support Supplemental Payment

States which used fill the gap budgeting on July 1, 1975, must ensure that families do not experience a net loss of income due to the state retaining child support paid by absent parents. Delaware used fill the gap budgeting on July 1, 1975.

This section details the calculations required to ensure that families do not experience a net loss of income based on the state retaining child support paid by absent parents. The child support supplemental payment is TANF and State funded. It is not the actual child support that is retained by the state. Recipients are eligible for this payment if the TANF case is currently open and current child support (not arrears) was collected in the previous month by DCSE. We will use four terms in this section which have special meaning:

Countable Income - Net income from all sources other than child support plus countable child support.

Countable Child Support - the support collected on the current month's support obligation minus an amount not to exceed the first $50 collected. The first $50 of child support collected is commonly referred to as the "child support disregard amount."

Disposable Income - the sum of the grant and the countable income used in determining the 1975 grant.

Other Net Income - Net income from all sources other than child support.

STEP 1: DETERMINE DISPOSABLE INCOME USING 1975 BENEFIT PROCEDURES

A. Standard of Need

-Countable Income

Deficit

B. Deficit

x 50% of the Deficit

1975 Grant Amount

Capped by payment standard

C. Other Net Income

Countable Child Support

$50.00 Child Support Disregard

+1975 Grant

1975 Disposable Income

STEP 2: DETERMINE DISPOSABLE INCOME USING CURRENT BENEFIT PROCEDURES

A. Standard of Need

-Countable Income

Deficit

B. Deficit

x 50% of the Deficit

Current Grant Amount

Capped by payment standard

C. Other Net Income

Countable Child Support

$50.00 Child Support Disregard

Current Disposable Income

STEP 3: CALCULATE CHILD SUPPORT SUPPLEMENTAL PAYMENT

1975 Disposable Income, Step 1 - Current Disposable Income, Step 2 Child Support supplemental payment

EXAMPLE:

STANDARD OF NEED $939
TOTAL CHILD SUPPORT $500
COUNTABLE CHILD SUPPORT $450
OTHER NET INCOME $200
COUNTABLE INCOME $650

$500 Total Child Support
-$50 Child Suppor Disregard
$450 Countable Child Support
-$200 Other Net Income
$650 Countable Income

STEP 1: DETERMINE DISPOSABLE INCOME USING 1975 BENEFIT PROCEDURES

A. $939 Standard of Need

-$650 Countable Income

$289 Deficit

B. $136 Deficit

x .5 50% of the Deficit

$144 1975 Grant

C. $200 Other Net Income

$450 Countable Child Support

$ 50 Child Support Disregard

+$144 1975 Grant

$844 1975 Disposable Income

STEP 2: DETERMINE DISPOSABLE INCOME USING CURRENT BENEFIT PROCEDURES

A. $939 Standard of Need

-$200 Other Net Income

$739

B. $739 Deficit

x 5 50% of the Deficit

$369 Current Grant or Current Grant will be this number or maximum grant amount

(whichever is less).

C. $200 Other Net Income

$389 Current Grant

+$50 Child Support Disregard

$588 Current Disposable Income

STEP 3: CALCULATE CHILD SUPPORT SUPPLEMENTAL PAYMENT

$844 1975 Disposable Income

-$588 Current Disposable Income

$256 Child Support Supplemental Payment

16 Del. Admin. Code § 4000-4008