Md. Code Regs. 07.03.16.11

Current through Register Vol. 51, No. 24, December 2, 2024

Section 07.03.16.11 - Income

A. Sources of Countable Income.

(1) RCA income calculations apply to both members of an assistance unit and nonmembers as described in §F of this regulation whose income is countable to the assistance unit.

(2) Each member of the assistance unit is considered to be a recipient of RCA even if no cash assistance is paid.

B. Countable Earned Income.

(1) Earnings from employment before consideration of any expenses required to earn the income include, but are not limited to:

(a) Wages;

(b) Salaries;

(c) Commissions;

(d) Tips; and

(e) Earnings from self-employment.

(2) Earned income is computed as a monthly amount as follows:

(a) Multiply the weekly gross earned income by 4;

(b) Multiply the gross earned income received once every 2 weeks by 2; or

(c) Divide the gross earned income received monthly by 4.3, and multiply by 4.

C. Countable Unearned Income.

(1) Unearned income includes, but is not limited to, the following:

(a) Lump sum income as described in Regulation .12 of this chapter;

(b) The prorated portion of the income of a technically ineligible individual as described in §F(3) of this regulation;

(c) Child support;

(d) Monetary gifts and contributions;

(e) Social Security retirement, survivors, and disability benefits;

(f) Workers' compensation;

(g) Unemployment insurance benefits received by the assistance unit; and

(h) The first $60 of government housing subsidies paid on behalf of recipients residing in:

(i) Public housing;

(ii) Section 8 housing; or

(iii) Housing receiving rental assistance from the Farmers Home Administration (FMHA), § 515 of the Housing Act of 1949 (42 U.S.C. § 1485).

(2) Unearned income is calculated as a monthly amount as follows:

(a) Multiply income received once every 2 weeks by 2;

(b) Multiply income received weekly by 4;

(c) Multiply income received twice a month by 2;

(d) Divide income received less often than monthly by the period of time it is intended to cover; and

(e) Count monthly income as received.

D. Excluded Income. All income of a member of an assistance unit is countable except the following:

(1) Earned income of a child;

(2) The amount of earned income tax credit (EITC);

(3) Earned or unearned in-kind income;

(4) Earned income of an SSI recipient;

(5) SSI benefit amount;

(6) The value of the allotment provided under the Food Stamp Program;

(7) A grant or loan to an undergraduate student for education purposes;

(8) Educational work study earnings for an undergraduate student;

(9) Government housing subsidies in excess of $60 per month on behalf of recipients residing in:

(a) Public housing;

(b) Section 8 housing; or

(c) Housing receiving rental assistance from the Farmers Home Administration (FMHA), § 515 of the Rental Assistance Act;

(10) Third-party vendor payments;

(11) Loans under the following conditions:

(a) All loans are excluded, including loans from private individuals and commercial institutions;

(b) A formal repayment agreement is not required but the intent to repay the loan must exist;

(c) The household's statement may be accepted regarding the repayment agreement; and

(d) In questionable cases, or cases where recurrent private loans are made, the LDSS may obtain a signed statement regarding the repayment obligation from the individual making the loan;

(12) Training allowances and expenses by active participants in approved RCA activities;

(13) Foster care payments received by an individual on behalf of a foster child;

(14) Payments received under a crime victims compensation program; and

(15) Any cash grant received by the individual under the United States Department of State or Department of Justice Reception and Placement programs.

E. The LDSS may not consider a sponsor's income to be accessible to a refugee solely because the individual is serving as a sponsor.

F. Determination of Income from an Illegal or Undocumented Immigrant or a Technically Ineligible Household Member. A prorated portion of the income of an ineligible individual is counted as a resource to the assistance unit as follows:

(1) Apply the income disregards as described in Regulation .13 of this chapter to the income of the ineligible member;

(2) Divide the result by the number of individuals in the assistance unit plus the ineligible member; and

(3) Multiply the quotient as determined in §F(2) of this regulation by the number of assistance unit members to obtain the amount of income countable from the ineligible member.

Md. Code Regs. 07.03.16.11