16 Del. Admin. Code § 9000-9057

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9000-9057 - Unearned Income

[273.9(b)(2)]

Unearned income includes, but is not limited to:

1. Assistance payments from Federal or federally aided public assistance programs, such as Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF), General Assistance (GA) programs, Refugee Cash Assistance (RCA) or other assistance programs based on need.

2. Annuities, pensions, retirement, veteran's benefits, disability benefits, workman's compensation, unemployment compensation, social security, strike benefits, foster care payments for children or for adults who are considered members of the household, gross income minus the cost of doing business derived from rental property in which a household member is not actively engaged in the management of the property at least 20 hours a week.

3. Support or alimony payment made directly to the household from non-household members.

4. Payments from Government-sponsored programs, dividends, interest, royalties, and all other direct money payments from any source which can be construed to be a gain or benefit.

A lottery winner that receives a set amount each year will have those winnings counted as unearned income. The income shall be averaged over a 12-month period of time.

For example, a household receives $24,000 each November from a lottery win. The $24,000 is averaged over a 12-month period and $2,000 counted on a monthly basis.

Earned Income Tax Credit (EITC) payments are not to be treated as income. [See DSSM 9059(H) ].

5. Monies which are withdrawn or dividends which are or could be received by a household from trust funds considered to be excludable resources under DSSM 9049(8). Such trust withdrawals will be considered income in the month received, unless otherwise exempt under the provisions of DSSM 9059. Dividends which the household has the option of either receiving as income or reinvesting in the trust are to be considered as income in the month they become available to the household unless otherwise exempt under the provisions of DSSM 9059.

6. For a household containing a sponsored alien, the income of the sponsor and the sponsor's spouse must be deemed in accordance with DSSM 9081.2.

7. The earned or unearned income of an individual disqualified from the household for intentional Program violation, in accordance with DSSM 2023 will continue to be attributed in their entirety, to the remaining household members. However, the earned or unearned income of individuals disqualified from households for failing to comply with the requirement to provide an SSN in accordance with DSSM 9012, or for being an ineligible alien in accordance with DSSM 9007, will continue to be counted as income, less a prorata share for the individual.

Procedures for calculating a prorata share are described in DSSM 9076.

8. State and local energy assistance is counted as income. Delaware does not have state or local energy assistance programs.

16 Del. Admin. Code § 9000-9057