16 Del. Admin. Code § 9000-9063
Take into account the income already received by the household during the certification period and any anticipated income which the household and the Division are reasonably certain will be received during the remainder of the certification period. Income is not to be counted at all if it is uncertain what amount is to be received or when it is to be received.
As an example of uncertain income, a household anticipating income from a new source, such as a new job or recently applied for public assistance benefits may be uncertain as to the timing and amount of the initial payment. Do not anticipate this income unless there is reasonable certainty concerning the month in which the payment will be received and in what amount. If the exact amount of the income is not known, that portion of it which can be anticipated with reasonable certainty will be considered as income. In cases where the receipt of income is reasonably certain but the monthly amount may fluctuate, the income may be averaged. Households are to be advised to report all changes in gross monthly income as required in DSSM 9085. Impending receipt of a TANF, RCA or GA grant will be considered reasonably certain only when all technical and financial eligibility factors have been satisfied and a decision of eligibility has been reached.
Use income received during the past 30 days as an indicator of the income that is and will be available to the household during the certification period. Do not use past income as an indicator of income anticipated for the certification period if changes in income have occurred or can be anticipated. If income fluctuates to the extent that a 30-day period alone cannot provide an accurate indication of anticipated income, use a longer period past time if it provides a more accurate indication of anticipated fluctuations in future income. Similarly, if the household's income fluctuates seasonally, it may be appropriate to use the most recent season comparable to the certification period, rather than the last 30 days, as one indicator of anticipated income. Exercise particular caution in using income for the certification period. In many cases of seasonally fluctuating income, the income also fluctuates from one season in one year to the same season in the next year. Do not automatically attribute to the household amounts of any past income. Do not use past income as an indicator of anticipated income when changes in income have occurred or can be anticipated during the certification period.
9 DE Reg. 799 (11/01/05)
[273.10(c)(2)]
Count income anticipated during the certification period only in the month it is expected to be received unless the income is averaged.
Whenever a full month's income is anticipated but is received on a weekly, bi-weekly, or semi-monthly basis, convert the income to the monthly amount by multiplying by the appropriate income conversion factor as follows:
Weekly - 4.33
Bi-Weekly - 2.16
Semi-monthly - 2
Income conversion procedures also apply to expenses billed on a weekly, bi-weekly, or semi-monthly basis.
Count non-recurring lump sum payments as a resource starting with the month received; do not count as income.
Wages held at the request of the employee will be considered income to the household in the month the wages would otherwise have been paid by the employer. However, wages held by the employer as a general practice, even if in violation of the law, will not be counted as income to the household, unless the household anticipates that it will ask for and receive an advance or that it will receive income from wages that were previously held by the employer as a general practice and that were, therefore, not previously counted as income by the Division. Count advances on wages as income in the month received only if reasonably anticipated.
Households receiving income on a recurring monthly or semi-monthly basis shall not have their monthly income varied merely because of changes in mailing cycles or pay dates or because weekends or holidays cause additional payments to be received in a month.
[273.10(c)(3)]
Income may be averaged when the household has fluctuating income. When averaging income, use the household's anticipation of monthly income fluctuations over the certification period. Averages are recalculated at recertification and when changes in income are reported.
Conversion of income received weekly or biweekly according to DSSM 9063.2 is not averaging income.
Households which, by contract or by self-employment, derive their annual income in a period of time shorter than one (1) year will have that income averaged over a 12- month period, provided the income from the contract is not received on an hourly or piecework basis. These households may include school employees, share croppers, farmers and other self-employed households. However, these provisions do not apply to migrant or seasonal farmworkers. The procedures for averaging self-employed income are described in DSSM 9075. Contract income which is not the household's annual income and is not paid on an hourly or piecework basis shall be prorated over the period the income is intended to cover.
For food stamp purposes, a contract employee is one that has an agreement with an employer to work a certain length of time or perform a specific job. It may be either a written contract or an implied contract. Acceptable verification would be a statement from the employer or a written document, such as a copy of the contract or agreement, that shows the terms of employment.
The following shows an example of contract and hourly work:
A teacher's aid works 10 months of the year for $9.16 per hour and 6 hours per day. She does not sign a "contract" but it is implied that she will be "rehired" for the following school year. She will be considered a contract employee whose income must be annualized.
An employee who is paid hourly is one that is paid based on the number of hours he works when there is no established work schedule such as a handyman who does odd jobs around the school.
16 Del. Admin. Code § 9000-9063