Section 405 IAC 2-1.1-5 - IncomeAuthority: IC 12-13-7-3; IC 12-15
Affected: IC 12-15-2; IC 12-15-3
Sec. 5.
(a) Individuals declared eligible for benefits by reason of age, disability, or blindness are subject to the income definition and exclusions set forth in 42 U.S.C. 1382a and 20 CFR Part 416, Subpart K Income.(b) The income standard to be used is one hundred percent (100%) of FPL.(c) The following apply in determining the household size of an applicant or member for purposes of determining income: (1) An unmarried applicant or member will be considered a household of one (1).(2) A married applicant or member will be considered a household of two (2).(3) A child applicant or member under eighteen (18) years of age living with only one (1) biological or adopted parent will be considered a household of one (1).(4) A child applicant or member under eighteen (18) years of age living with:(A) two (2) biological parents;(B) two (2) adopted parents; or(C) one (1) biological and one (1) adopted parent; will be considered a household of two (2).(d) A maximum allocation of three hundred ninety-two dollars ($392) for the year 2020 can be deducted for the below individuals who live with the applicant or member. The allocation amount is adjusted yearly based on federal guidance. (1) Biological or adopted children of the applicant or member under eighteen (18) years of age not receiving adoption assistance or temporary assistance for needy families.(2) Biological or adopted children of the applicant or member under twenty-two (22) years of age if attending a college or university as at least a half-time student not receiving adoption assistance or temporary assistance for needy families.(3) An essential person as defined in 405 IAC 2-1-1(3).(5) A biological or adoptive sibling under the care of the child applicant or member's parent or parents.(e) If the countable income calculated according to subsection (d) for any individual listed in subsection (d)(1) through (d)(5) is greater than three hundred sixty-one dollars ($361), there will not be a deduction for that individual. If the countable income calculated according to subsection (a) for any individual listed in subsection (d)(1) through (d)(5) is less than three hundred sixty-one dollars ($361), then the allocated amount to be deducted for such individual shall be the difference between three hundred sixty-one dollars ($361) and that individual's countable income.(f) Beginning in calendar year 2014, the allocation amount specified in subsection (d) shall increase annually in the same percentage amount that is applied to SSI benefits under 42 U.S.C. 1382f. The increase in the allocation amount shall be effective on the first day of the same month in which the office processes the Title II costs of living adjustments received by public assistance members under 42 U.S.C. 415(i).(g) To be considered income eligible while either residing in an institution or while receiving home and community based waiver services, an individual must have countable income that is not more than the special income level as follows:(1) If residing in an institution, the individual must reside there for a period of not less than thirty (30) continuous days. If a person dies before the thirty (30) continuous days has passed, it is assumed that the thirty (30) continuous days has been met.(2) The countable income for an individual described in this subsection consists only of income of the individual, which includes the following: (C) Net self-employment income.(D) All gross unearned income, excluding SSI.(3) Any income from another financially responsible relative described under 405 IAC 2-3-4 will not be included when determining whether an individual falls below the special income level.(4) Income that has been placed or delivered to a trust described in 405 IAC 2-3-22(i)(2) will be disregarded for purposes of determining income eligibility under the special income level.Office of the Secretary of Family and Social Services; 405 IAC 2-1.1-5; filed Apr 8, 2014, 12:37 p.m.: 20140507-IR-405130533FRAReadopted filed 11/13/2019, 11:54 a.m.: 20191211-IR-405190487RFAFiled 6/11/2021, 2:35 p.m.: 20210707-IR-405190602FRA