405 Ind. Admin. Code 2-3-13

Current through May 29, 2024
Section 405 IAC 2-3-13 - In-kind support and maintenance; inclusion as income

Authority: IC 12-13-5-3; IC 12-13-7-3; IC 12-15-1-10

Affected: IC 12-15-4; IC 12-15-5

Sec. 13.

(a) The following definitions apply throughout this section:
(1) "In-kind support and maintenance" means any food, clothing, or shelter which is received by the applicant or recipient and his or her spouse, or by the child applicant or recipient and his or her parent(s) because someone else pays for it.
(2) "Shelter" means room, rent, mortgage payments, real property taxes, heating fuel, gas, electricity, water, sewerage, and garbage collection services.
(3) "Pro rata share of shelter" means the average value of monthly shelter costs divided by the number of people in the household, regardless of age.
(4) "Pro rata share of food" means the average monthly expenses for food divided by the number of people in the household, regardless of age.
(b) In-kind support and maintenance shall be considered as unearned income and shall be the actual value of food, clothing, or shelter received not to exceed one-third (1/3) of the applicable income standard in section 18 of this rule.
(c) In-kind support and maintenance for shelter or food shall not be considered if the applicant or recipient and his or her spouse, or his or her parent(s) if he or she is a child, live in someone else's household, and pay at least a pro rata share of shelter or food.

405 IAC 2-3-13

Office ofthe Secretary of Family and Social Services; 405 IAC 2-3-13; filed Mar 1, 1984, 2:33 p.m.: 7 IR 1043, effApr 1, 1984; filed Feb 16, 1993, 5:00p.m.: 16 IR 1785; readopted filed Jun 27, 2001, 9:40 a.m.: 24 IR 3822; readopted filed Sep 19, 2007, 12:16p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA

Transferred from the Division of Family and Children ( 470 IAC 9.1-3-15 ) to the Office of the Secretary of Family and Social Services ( 405 IAC 2-3-13 ) by P.L. 9-1991, SECTION 131, effective January 1, 1992.