16 Del. Admin. Code § 8000-8029
Unearned income is income received without performing work- related activities. Unearned income is counted as paid without the application of any disregards in the RCA program.
Unearned income includes but is not limited to:
| · | RSDI benefits |
| · | Unemployment Compensation |
| · | Workman's Compensation |
| · | Union benefits |
| · | Veteran's benefits |
| · | Military Allotments |
| · | Annuities |
| · | Pensions |
| · | Funds received from the resettling agency for living expenses |
In the RCA Program, the first $50.00 of child support received in a month is disregarded in determining financial eligibility. Child support in excess of $50.00 is counted as unearned income. If a unit is determined financially eligible, child support is disregarded in determining the amount of the grant.
For active cases, child support is collected and retained by the Division of Child Support Enforcement. The first $50.00 of child support that is collected each month by DCSE is paid to the RCA payee as a bonus check. If the amount of support collected is less that $50.00, the bonus check will equal the amount collected.
Bonus checks are paid the month following the month that the DCSE collects support. They are disregarded in determining RCA financial eligibility and grant amounts; however, they are counted as unearned income in the Food Stamp Program.
In the month of application if support is received prior to approval of an RCA grant, the support received minus the $50.00 child support disregard is budgeted as unearned income. Support received after approval of the grant is subject to collection by the DCSE.
EXAMPLE: A woman applies for RCA for herself and her children on 2/15. She reports that she received a $100.00 support payment on 2/10 and expects to receive an additional $100.00 on 2/24. She is found eligible for RCA on 2/15. In February, $50.00 of child support is included in the RCA budget as unearned income. ($100.00 received prior to approval of the grant - $50.00 disregard = $50.00 budgetable.) The recipient will receive a $50.00 bonus check in March based on the $100.00 payment collected by the DCSE on 2/24.
In the RCA Program, a step- parent who resides with his/her step- children is considered responsible for supporting those children. A portion of the step- parent's income is used to determine the step- children's financial eligibility and the amount of assistance the children receive. To determine the amount of the step- parent's income that is deemed to the assistance unit, follow the steps listed below:
NOTE: The assistance unit must include the step- child, the step- child's natural or adoptive parent, and siblings who are also living in the home and who are otherwise eligible.
(These individuals cannot include a person who is removed from the RCA unit because he/she failed without good cause to cooperate with DCSE or the First Step Program and is being sanctioned.)
The remainder is unearned income used to determine the assistance unit's financial eligibility and grant amount.
Summary - Total Income
- $90.00 from earned income
- Standard of Need
- Payments to dependents
- Countable Income
The resources of a step- parent are not considered in determining the financial eligibility of the assistance unit. Resources held jointly by the step- parent and the step- parent's spouse are considered available in their entirety to both partners. If the spouse is a member of the assistance unit, these resources are considered in determining the unit's eligibility.
Step- parent budgeting is used to determine the financial eligibility of a step- child even if the step- child's natural parent does not reside in the home.
NOTE: If the step- parent is included as a member of the RCA unit, his/her income is budgeted in accordance with rules governing the income of RCA applicants and recipients.
To determine the financial eligibility of an RCA unit that consists of a dependent child and the child's minor parent (under age 18), the income of the minor parent's parent(s) or legal guardian must be considered if the minor parent and his parent or legal guardian live in the same home. The portion of the parent's or guardian's income that is counted as unearned income to the assistance unit is determined by following the procedures for budgeting step- parent income.
In a case where both parents of the minor child reside in the home and each parent has earned income, each parent is entitled to a $90.00 deduction from wages.
The resources of a minor parent's parent or legal guardian are not considered in determining the financial eligibility of the assistance unit.
16 Del. Admin. Code § 8000-8029