Mich. Admin. Code R. 400.7014

Current through Vol. 24-17, October 1, 2024

Section R. 400.7014 - Eligibility; exempt income; available earned and unearned income

Rule 14.

(1) Income that is exempt from consideration in determining eligibility for the SER program shall be income from the following sources:

(a) Income in kind.

(b) Food assistance program.

(c) Michigan homestead property tax credit.

(d) Money given to the SER group by a person or organization as reimbursement for past, current, or future training-related expenses, medical care expenses, or expenses incurred as a volunteer.

(e) Reimbursement of medicare premiums.

(f) Michigan department of mental community health family support subsidy payments.

(g) Compensation that is awarded for a particular use.

(h) Child care payments and allowances that are made by the department.

(i) Disaster relief assistance.

(j) Benefits that are received from any of the following programs:

(i) Women, infants, and children program.

(ii) Title VII nutrition program for the elderly.

(iii) Energy assistance that is received from any of Michigan's low income energy assistance grant programs.

(iv) Child nutrition and school lunch programs and subsidies.

(k) Housing assistance that is paid under any state or federal law.

(l) Educational grants and scholarships.

(m) The earnings of a member of the SER group who is a dependent child when both of the following conditions are met:

(i) The accumulated earnings are held in a savings account of which the dependent child who earned the money is the sole tenant.

(ii) The accumulated earnings are not commingled with money obtained from any source except the earnings of the dependent child.

(2) Unearned income shall be counted in determining the amount of emergency relief that a SER group is eligible to receive. Such income includes all of the following:

(a) Assistance that is paid by the department pursuant to the family independence program or the state disability assistance program.

(b) Retirement, survivors, and disability insurance benefits that are paid by the social security administration.

(c) Supplemental security income that is paid by the social security administration.

(d) Alimony.

(e) Child support.

(f) Veterans administration benefits.

(g) Unemployment benefits, including unemployment compensation benefits, railroad unemployment benefits, and other governmental unemployment benefits.

(h) Payments from private sick and accident insurance plans.

(i) Workers' compensation benefits.

(j) Pensions and retirement benefits.

(k) Strike benefits.

(l) Income that is received by a client from the sale of property on a land contract or mortgage, including principal and interest.

(m) Military allotments.

(n) Investment income, such as dividends, interest, and royalties.

(o) Income from annuities, bonds, stocks, and trusts.

(3) Net unearned income shall be determined by deducting all of the following from the gross amount received:

(a) Mandatory taxes.

(b) Court-ordered child support paid, but not more than the amount ordered by the court.

(c) Payments for health insurance.

(4) Net income from employment or self-employment shall be determined by deducting the expenses of employment from the gross amount received. Expenses of employment shall be limited to the following:

(a) Mandatory taxes.

(b) Deductions required by the employer as a condition of employment.

(c) Deductions for health insurance.

(d) Court-ordered child support paid, but not more than the amount ordered by the court.

(e) The cost of dependent care for either of the following:

(i) A dependent child who is less than 13-years-old.

(ii) A person who is 13-years-old or older and who needs care due to a mental or physical impairment.

(5) The amount deducted for dependent care under the provisions of subrule (4)(e) of this rule shall be the actual cost of care or $200.00, whichever is less, for each person who receives dependent care. The cost of dependent care for a person shall not be allowed as a deduction from the earnings of more than 1 member of the SER group. A deduction for the cost of dependent care shall not be allowed if the caregiver is any of the following persons:

(a) A member of the SER group.

(b) A legally responsible relative of the employed person or of the person who needs care.

(c) A dependent relative of the employed person.

(d) A person who is not a member of the SER group, if the care can reasonably and safely be provided by 1 of the following persons who lives in the home:

(i) A member of the SER group.

(ii) A responsible relative of the employed person or the person who needs care.

(iii) A dependent relative of the employed person.

Mich. Admin. Code R. 400.7014

1993 AACS; 2015 MR 9, Eff. May 7, 2015